Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2931 

Dated: January 17, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 223 is to be 

amended as follows: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543; subpart 

B, § 223.201–202 also issued under 16 U.S.C. 

1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

■ 2. In § 223.102, amend the table in 

paragraph (e) by adding an entry for 

‘‘Ray, giant manta’’ in alphabetical order 

under the ‘‘Fishes’’ subheading to read 

as follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

(e) * * * 

Species 1

Citation(s) for listing determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed 

entity 

*******

Fishes 

*******

Ray, giant manta ..... Manta birostris ........ Entire species ......... 83 FR [Insert Federal Register page 

where the document begins], 1/22/18.

NA NA 

*******

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

* * * * * 

[FR Doc. 2018–01031 Filed 1–19–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120919470–3513–02] 

RIN 0648–XF955 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery Off the Southern Atlantic 

States; Closure of the Penaeid Shrimp 

Fishery Off South Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the exclusive 

economic zone (EEZ) off South Carolina 

in the South Atlantic to trawling for 

penaeid shrimp, i.e., brown, pink, and 

white shrimp. This closure is necessary 

to protect the spawning stock of white 

shrimp that has been subject to 

unusually cold weather conditions 

where state water temperatures have 

been 9 °C (48 °F), or less, for at least 7 

consecutive days. 

DATES: The closure is effective January 

17, 2018, until the effective date of a 

notification of opening which NOAA 

will publish in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, 727–824–5305; email: 

Frank.Helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

penaeid shrimp fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the Shrimp 

Fishery of the South Atlantic Region 

(FMP). The FMP was prepared by the 

South Atlantic Fishery Management 

Council (Council) and is implemented 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

Amendment 9 to the FMP revised the 

criteria and procedures by which a 

South Atlantic state may request a 

concurrent closure of the EEZ to the 

harvest of penaeid shrimp when state 

waters close as a result of severe winter 

weather (78 FR 35571, June 13, 2013). 

Under 50 CFR 622.206(a), NMFS may 

close the EEZ adjacent to South Atlantic 

states that have closed their waters to 

the harvest of brown, pink, and white 

shrimp to protect the white shrimp 

spawning stock that has been severely 

depleted by cold weather or when 

applicable state water temperatures are 

9 °C (48 °F), or less, for at least 7 

consecutive days. Consistent with those 

procedures and criteria, the state of 

South Carolina has determined that 

unusually cold temperatures have 

occurred and that state water 

temperatures have been 9 °C (48 °F), or 

less, for at least 7 consecutive days and 

that these cold weather conditions pose 

a risk to the condition and vulnerability 

of overwintering white shrimp 

populations in its state waters. South 

Carolina closed its waters on January 10, 

2018, to the harvest of brown, pink, and 

white shrimp, and has requested that 

NMFS implement a concurrent closure 

of the EEZ off South Carolina. In 

accordance with the procedures 

described in the FMP, the state of South 

Carolina submitted a letter to the NMFS 

Regional Administrator (RA) on January 

10, 2018, requesting that NMFS close 

the EEZ adjacent to South Carolina to 

penaeid shrimp harvest as a result of 

severe cold weather conditions. 

NMFS has determined that the 

recommended Federal closure conforms 

with the procedures and criteria 

specified in the FMP and the MagnusonStevens Act, and, therefore, implements 

the Federal closure effective 12:01 a.m., 

local time, January 17, 2018. The 

closure will be effective until the ending 

date of the closure in South Carolina 

state waters, but may be ended earlier 

based on a request from the state. NMFS 

will terminate the closure of the EEZ by 

filing a notification to that effect with 

the Office of the Federal Register. 

During the closure, as specified in 50 

CFR 622.206(a)(2), no person may: (1) 

Trawl for brown, pink, or white shrimp 

in the EEZ off South Carolina; (2) 

possess on board a fishing vessel brown, 

pink, or white shrimp in or from the 

EEZ off South Carolina unless the vessel 

is in transit through the area and all nets 

with a mesh size of less than 4 inches 

(10.2 cm), as measured between the 

centers of opposite knots when pulled 

taut, are stowed below deck; or (3) for 

a vessel trawling within 25 nautical 


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2932 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

miles of the baseline from which the 

territorial sea is measured, use or have 

on board a trawl net with a mesh size 

less than 4 inches (10.2 cm), as 

measured between the centers of 

opposite knots when pulled taut. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of the 

spawning stock of white shrimp off 

South Carolina and is consistent with 

the FMP, the Magnuson-Stevens Act 

and other applicable laws. 

This action is taken under 50 CFR 

622.206(a) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available recently 

obtained from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the EEZ 

off South Carolina to trawling for 

penaeid shrimp constitutes good cause 

to waive the requirements to provide 

prior notice and opportunity for public 

comment pursuant to the authority set 

forth in 5 U.S.C. 553(b)(B), as such 

procedures would be unnecessary 

because the rule itself has been subject 

to notice and comment, and all that 

remains is to notify the public of the 

closure. 

Providing prior notice and 

opportunity for public comment also is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the spawning stock 

of white shrimp off South Carolina. 

Prior notice and opportunity for public 

comment would require time and would 

potentially further harm the spawning 

stock that has been impacted due to 

cold weather. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 17, 2018. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF948 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2018 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective January 17, 2018, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2018 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,529 metric tons (mt) as 

established by the final 2017 and 2018 

harvest specifications for groundfish in 

the BSAI (82 FR 11826, February 27, 

2017) and inseason adjustment (82 FR 

60329, December 20, 2017). 

The 2018 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 

meters(m)) length overall (LOA) using 

hook-and-line or pot gear in the BSAI is 

3,627 mt as established by final 2017 

and 2018 harvest specifications for 

groundfish in the BSAI (82 FR 11826, 

February 27, 2017) and inseason 

adjustment (82 FR 60329, December 20, 

2017. 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,400 mt of the A season 

apportionment of the 2018 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(1). Therefore, in 

accordance with § 679.20(a)(7)(iv)(C), 

NMFS apportions 1,400 mt of Pacific 

cod from the A season jig gear 

apportionment to the annual amount 

specified for catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

The harvest specifications for Pacific 

cod included in final 2017 and 2018 

harvest specifications for groundfish in 

the BSAI (82 FR 11826, February 27, 

2017) and inseason adjustment (82 FR 

60329, December 20, 2017) are revised 

as follows: 129 mt to the A season 

apportionment and 1,149 mt to the 

annual amount for vessels using jig gear, 

and 5,027 mt to catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of Pacific cod 

specified from jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of January 11, 2018. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 


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