[Federal Register: March 19, 2001 (Volume 66, Number 53)]
[Rules and Regulations]               
[Page 15357-15358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr01-10]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 031201C]

 
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery off the Southern Atlantic States; Closure of the Penaeid 
Shrimp Fisheries off South Carolina and Georgia

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure of the penaeid shrimp fisheries in the exclusive 
economic zone (EEZ) off South Carolina and Georgia.

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SUMMARY: NMFS closes the trawl fishery for penaeid shrimp, i.e., brown, 
pink, and white shrimp, in the EEZ off South Carolina and Georgia. This 
closure action is taken in accordance with the procedures and criteria 
specified in the Fishery Management Plan for the Shrimp Fishery of the 
South Atlantic Region (FMP) and its implementing regulations and is 
intended to protect the spawning stock of white shrimp that has been 
severely depleted by unusually cold weather conditions.

DATES:  The closure is effective March 13, 2001 until the effective 
date of a notification of opening which will be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-570-5305; 
fax: 727-570-5583; e-mail: Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The commercial penaeid shrimp fishery in the 
South Atlantic Region is managed under the FMP. The FMP was prepared by 
the South Atlantic Fishery Management Council (Council) and is 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    The FMP and implementing regulations at 50 CFR 622.35(d) provide 
the procedures, criteria, and authority for a concurrent closure of the 
EEZ adjacent to South Atlantic states that have closed their waters to 
harvest of brown, pink, and white shrimp to protect the white shrimp 
spawning stock that has been severely depleted by cold weather. 
Consistent with those procedures and criteria, the states of Georgia 
and South Carolina have determined, based on standardized assessments, 
that unusually cold temperatures have resulted in at least an 80-
percent reduction of the white shrimp populations in their respective 
state's waters. Both states have closed their waters to the harvest of 
brown, pink, and white shrimp and have requested that the Council 
recommend that NMFS implement a concurrent closure of the EEZ off 
Georgia and South Carolina. The Council convened a review panel to 
evaluate the data supporting the states' requests. Based on the review 
panel's recommendation, the Council approved the states' requests and 
requested that NMFS concurrently close the EEZ off Georgia and South 
Carolina to the harvest of brown, pink, and white shrimp. NMFS has 
determined that the recommended closure conforms with the procedures 
and criteria specified in the FMP and implementing regulations, the 
Magnuson-Stevens Act, and other applicable law and, therefore, 
implements the closure effective March 13, 2001. The closure will be 
effective until the ending dates of the closures in the respective 
states' waters, but may be ended earlier based on the states' request. 
In no case will the closure remain effective after June 15, 2001. 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, no person may: (1) trawl for brown, pink, or 
white shrimp in the EEZ off Georgia or South Carolina; (2) possess on 
board a fishing vessel brown, pink, or white shrimp in or from the EEZ 
off Georgia or 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) 
are stowed below deck; or (3) use or have on board a vessel trawling in 
that part of the EEZ off Georgia or South Carolina that is within 25 
nautical miles of the baseline from which the territorial sea is 
measured a trawl net with a mesh size less than 4 inches (10.2 cm).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The closure must be implemented immediately 
to protect the severely depleted spawning stock of white shrimp off 
Georgia and South Carolina and avoid overfishing. This action 
complements closures already imposed by the respective states. Any 
delay in implementing this action would be impractical and 
contradictory to the Magnuson-Stevens Act, the FMP, and the public 
interest. NMFS finds for good cause, that the implementation of this 
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C.

[[Page 15358]]

553(d), a delay in the effective date is waived.
    This action is authorized by 50 CFR 622.35(d) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 13, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-6623 Filed 3-13-01; 4:24 pm]
BILLING CODE 3510-22-S