Proposed Rule2023-23053
Magnuson-Stevens Act Provisions; Prohibition of Commercial Fishing in the Northeast Canyons and Seamounts Marine National Monument
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 19, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action proposes regulations for the Northeast Canyons and Seamounts Marine National Monument (the Monument). This action is necessary to conform U.S. fishing regulations consistent with Presidential Proclamations 9496 and 10287, which prohibited commercial fishing in the Northeast Canyons and Seamounts Marine National Monument and directed the Secretaries of Commerce and Interior to promulgate regulations necessary for the proper care and management of the Northeast Canyons and Seamounts Marine National Monument. The measures herein are intended to define the boundary coordinates of the Monument area and reflect the prohibition on commercial fishing in the Magnuson- Stevens Act regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Proposed Rules]
[Pages 72038-72040]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 231013-0247]
RIN 0648-BL70
Magnuson-Stevens Act Provisions; Prohibition of Commercial
Fishing in the Northeast Canyons and Seamounts Marine National Monument
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action proposes regulations for the Northeast Canyons and
Seamounts Marine National Monument (the Monument). This action is
necessary to conform U.S. fishing regulations consistent with
Presidential Proclamations 9496 and 10287, which prohibited commercial
fishing in the Northeast Canyons and Seamounts Marine National Monument
and directed the Secretaries of Commerce and Interior to promulgate
regulations necessary for the proper care and management of the
Northeast Canyons and Seamounts Marine National Monument. The measures
herein are intended to define the boundary coordinates of the Monument
area and reflect the prohibition on commercial fishing in the Magnuson-
Stevens Act regulations.
DATES: Comments must be received on or before November 20, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0093, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0093 in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information
[[Page 72039]]
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management
Specialist, 978-281-9184.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2016, the Monument was designated in the waters of
the North Atlantic (Presidential Proclamation 9496; 81 FR 65161;
September 21, 2016) to include both a Canyons unit and a Seamounts
Unit. This Proclamation prohibited commercial fishing within the
Monument, with a 7-year exemption for the American lobster and Atlantic
deep-sea red crab fisheries. In June 2020, Monument prohibitions were
revised via Proclamation 10049 (85 FR 35793, June 11, 2020) removing
commercial fishing from the list of prohibited activities set forth in
the 2016 Proclamation. Most recently, in October 2021, Proclamation
10287 (86 FR 57349; October 15, 2021) restored commercial fishing to
the list of prohibited activities, providing ``for the prohibition of
all commercial fishing in the Monument, except for red crab and
American lobster commercial fishing, which may be permitted until
September 15, 2023.''
Proposed Measures
Consistent with Proclamation 10287 (68 FR 57349; October 15, 2021)
and the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), this action proposes to define
the boundary coordinates of the Monument area in the Magnuson-Stevens
Act regulations at 50 CFR 600.10. Tables 1 and 2 below include
coordinates for the Canyons and Seamounts Units.
Table 1--Canyons Unit Coordinates
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................... 40[deg]31.62' 68[deg]16.08'
2........................... 40[deg]36.00' 67[deg]37.68'
3........................... 40[deg]12.42' 67[deg]34.68'
4........................... 40[deg]7.32' 68[deg]12.72'
1........................... 40[deg]31.62' 68[deg]16.08'
------------------------------------------------------------------------
Table 2--Seamounts Unit Coordinates
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................... 40[deg]2.64' 67[deg]43.32'
2........................... 39[deg]56.34' (\a\)
3........................... 38[deg]51.90' (\b\)
1........................... 40[deg]2.64' 67[deg]43.32'
------------------------------------------------------------------------
\a\ U.S. exclusive economic zone (EEZ) longitude, approximately
65[deg]56.58'.
\b\ U.S. EEZ longitude, approximately 66[deg]55.86'.
This rule also proposes to reflect the Proclamation's prohibition
on commercial fishing within the boundaries of the Monument in the
Magnuson-Stevens Act prohibitions at Sec. 600.725 and clarify that
commercial fishermen may transit through the Monument area if fishing
gear is stowed and not available for immediate use during passage
through the Monument.
We are soliciting public comments on the proposed regulations, as
summarized in this rule.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act to carry out section 303(a)(1)(C). This action is
necessary to promulgate regulations (at Sec. 600.10 and Sec. 600.725)
to ensure that all fishery management plans implemented by the
Secretary of Commerce are consistent with, and conform to, the
Proclamations and the Antiquities Act by ensuring clearly articulated
measures that apply to all commercial fishing vessels operating in the
EEZ. The NMFS Assistant Administrator has determined that this proposed
rule is consistent with other applicable law, subject to further
consideration after public comment.
Because this action serves to bring the Magnuson-Stevens Act
regulations into compliance with Presidential Proclamations 9496 and
10287, there is no decision-making process for NMFS. NMFS has no
discretion. As a result, there is no decision-making process, no
alternatives to comply with the Proclamations, and no public
involvement in the decision. There is no ``proposal'' for action, as
defined in section 1501.1(a)(5) of the Council on Environmental Quality
regulations implementing the National Environmental Policy Act (NEPA).
Therefore, NEPA does not apply to this action.
This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This action incorporates the boundaries of the Monument area into the
Magnuson-Stevens Act definitions at 50 CFR 600.10 and the commercial
fishing prohibition into the Magnuson-Stevens Act prohibitions at Sec.
600.725.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The determination as to whether the
entity is large or small is based on the average annual revenue for the
three years, here from 2019 through 2021. The Small Business
Administration (SBA) has established size standards for all other major
industry sectors in the U.S., including for-hire fishing (NAICS code
487210). These entities are classified as small businesses if combined
annual receipts are not in excess of $8.0 million for all its
affiliated operations. As with commercial fishing businesses, the
annual average of the three most recent years (2019-2021) is utilized
in determining annual receipts for businesses primarily engaged in for-
hire fishing.
The directly regulated entities are the firms that currently hold
at least one Greater Atlantic Region commercial fishing permit that
could be used to fish in the Monument. A few permit categories
(Lobster: Areas 1, 2, 4, 5, 5 waiver program, 6, and Outer Cape Cod;
General Category Scallop B) were not included when constructing the set
of directly regulated entities because these permit categories do not
enable a firm to fish in the Monument areas. There are a total of 1,338
small firms and 11 large firms subject to this action. Of those, a
total of 1,024 small firms derive the majority of their revenue from
commercial fishing operations, while 314 derive the majority of their
revenue from for-hire recreational activities. Firms that are
classified as ``for-hire'' may still fish commercially--these firms are
included in the tabulation of directly regulated entities, although
their main source of income (for-hire fishing) would not be directly
impacted by the proposed action.
Table 3 describes numbers of directly regulated entities, their
main activities,
[[Page 72040]]
and their revenues from various sources. The distribution of gross
receipts for both classes is highly right-skewed: There are many firms
with a small to moderate amount of gross receipts and a handful of
firms with much more economic activity. This results in the average
receipts being higher than the 75th percentile of gross receipts for
these two groups.
Table 3--Number and Characterization of the Directly Regulated Entities
[2020 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Average
Size Type Firms Vessels gross for-hire 25th Percentile 75th Percentile
receipts receipts gross receipts gross receipts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Large.................................... Fishing..................... 11 151 $19,944,000 $0 $15,463,000 $24,445,000
Small.................................... Fishing..................... 1,024 1,519 717,000 1,000 56,000 681,000
Small.................................... For-Hire.................... 314 380 144,000 142,000 7,000 85,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
As stated above, this action incorporates the boundaries of the
Monument area into the Magnuson-Stevens Act definitions at 50 CFR
600.10 and the commercial fishing prohibition into the Magnuson-Stevens
Act prohibitions at Sec. 600.725. While 1,338 small firms and 11 large
firms hold permits that overlap with the Monument area, the monument
has been closed to commercial fishing since October 2021. Because
fishing was previously prohibited, this action will have no additional
effect on regulated entities. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 600
Fisheries, Fishing.
Dated: October 13, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 600 as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.10, add the definition for ``Northeast Canyons and
Seamounts Marine National Monument'' in alphabetical order to read as
follows:
Sec. 600.10 Definitions.
* * * * *
Northeast Canyons and Seamounts Marine National Monument means the
area designated by Presidential Proclamation 9496, consisting of:
(1) Canyons Unit. The Canyons Unit is defined by the area bounded
by straight lines connecting the following points, in the order stated:
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1............................... 40[deg]31.62'..... 68[deg]16.08'
2............................... 40[deg]36.00'..... 67[deg]37.68'
3............................... 40[deg]12.42'..... 67[deg]34.68'
4............................... 40[deg]7.32'...... 68[deg]12.72'
1............................... 40[deg]31.62'..... 68[deg]16.08'
------------------------------------------------------------------------
(2) Seamounts Unit. The Seamounts Unit is defined by the area
bounded by straight lines connecting the following points, except
between points 1 and 2, where the boundary follows the outer limits of
the U.S. EEZ:
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1............................... 40[deg]2.64'...... 67[deg]43.32'
2............................... 39[deg]56.34'..... (\a\)
3............................... 38[deg]51.90'..... (\b\)
1............................... 40[deg]2.64'...... 67[deg]43.32'
------------------------------------------------------------------------
\a\ U.S. EEZ longitude, approximately 65[deg]56.58'.
\b\ U.S. EEZ longitude, approximately 66[deg]55.86'.
* * * * *
0
3. In Sec. 600.725, add paragraph (x) to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(x) Fish for commercial purposes within the Northeast Canyons and
Seamounts Marine National Monument, as defined in Sec. 600.10,
consistent with Presidential Proclamations 9496 and 10287. Fishing for
commercial purposes means fishing that is intended to, or results in,
the barter, trade, transfer, or sale of fish, either in whole or in
part.
(1) Vessels may transit the Northeast Canyons and Seamounts Marine
National Monument, provided commercial fishing gear is stowed and not
available for immediate use during passage without interruption through
the Northeast Canyons and Seamounts Marine National Monument.
(2) [Reserved]
* * * * *
[FR Doc. 2023-23053 Filed 10-18-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on October 19, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.