Magnuson-Stevens Act Provisions; Prohibition of Commercial Fishing in the Northeast Canyons and Seamounts Marine National Monument, 72038-72040 [2023-23053]
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72038
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules
produced at each facility for use as a
process agent;
(ii) Records identifying the producer
or importer of the class II controlled
substance received at each facility for
use as a process agent by the person;
(iii) For each facility, copies of the
invoices or receipts documenting the
sale or other transfer of ownership of
each class II controlled substance for
use as a process agent to the person;
(iv) Dated records identifying the
quantity of each product manufactured
within each facility by using a class II
controlled substance as a process agent;
(v) For each facility, records of the
date and the estimated quantity of any
spill or release of each class II
controlled substance used as a process
agent that equals or exceeds 100
pounds;
(vi) For each facility, a description of
the methodology used to measure and
calculate emissions, and dated records
of equipment parameters, measured
data, supporting calculations, and other
rationale used to validate reported
emission quantities;
(vii) For each facility, dated records of
the quantity of each class II controlled
substance used as a process agent which
is subsequently transformed or
destroyed;
(viii) In the case where class II
controlled substances used as a process
agent were ultimately transformed by an
entity other the entity which last used
the class II controlled substances as a
process agent, a copy of the person’s
transformation verification as provided
under paragraph (e)(3) of this section;
and
(ix) In the case where class II
controlled substances used as a process
agent were ultimately destroyed by an
entity other the entity which last used
the class II controlled substances as a
process agent, a copy of the person’s
destruction verification, as provided
under paragraph (e)(5) of this section.
(4) Reports are no longer required for
process agent use in the year after an
entity notifies the Administrator that
they have permanently ceased use of all
process agents, but the entity must
continue to comply with all applicable
recordkeeping requirements.
■ 6. Add § 82.25 to read as follows:
lotter on DSK11XQN23PROD with PROPOSALS1
§ 82.25 Treatment of data submitted under
this subpart.
(a) Sections 2.201 through 2.215 and
2.301 of this chapter do not apply to
data submitted under this subpart that
EPA has determined through
rulemaking to be either of the following:
(1) Emission data, as defined in
§ 2.301(a)(2) of this chapter, determined
in accordance with section 114(c) and
307(d) of the Clean Air Act; or
VerDate Sep<11>2014
15:53 Oct 18, 2023
Jkt 262001
(2) Data not otherwise entitled to
confidential treatment.
(b) Except as otherwise provided in
paragraph (d) of this section, §§ 2.201
through 2.208 and 2.301(c) and (d) of
this chapter do not apply to data
submitted under this part that EPA has
determined through rulemaking to be
entitled to confidential treatment. EPA
shall treat that information as
confidential in accordance with the
provisions of § 2.211 of this chapter,
subject to paragraph (d) of this section
and § 2.209 of this chapter.
(c) Upon receiving a request under 5
U.S.C. 552 for data submitted under this
part that EPA has determined through
rulemaking to be entitled to confidential
treatment, the relevant Agency official
shall furnish the requestor a notice that
the information has been determined to
be entitled to confidential treatment and
that the request is therefore denied. The
notice shall include or cite to the
appropriate EPA determination.
(d) A determination made through
rulemaking that information submitted
under this part is entitled to
confidential treatment shall continue in
effect unless, subsequent to the
confidentiality determination through
rulemaking, EPA takes one of the
following actions:
(1) EPA determines through a
subsequent rulemaking that the
information is emission data or data not
otherwise entitled to confidential
treatment; or
(2) The Office of General Counsel
issues a final determination, based on
the requirements of 5 U.S.C. 552(b)(4),
stating that the information is no longer
entitled to confidential treatment
because of change in the applicable law
or newly discovered or changed facts.
Prior to making such final
determination, EPA shall afford the
business an opportunity to submit
comments on pertinent issues in the
manner described by §§ 2.204(e) and
2.205(b) of this chapter. If, after
consideration of any timely comments
submitted by the business, the Office of
General Counsel makes a revised final
determination that the information is
not entitled to confidential treatment,
the relevant agency official will notify
the business in accordance with the
procedures described in § 2.205(f)(2) of
this chapter.
[FR Doc. 2023–22182 Filed 10–18–23; 8:45 am]
BILLING CODE 6560–50–P
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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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov 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 https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
SUMMARY:
E:\FR\FM\19OCP1.SGM
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules
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 deepsea 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
lotter on DSK11XQN23PROD with PROPOSALS1
1
2
3
4
1
..........
..........
..........
..........
..........
N latitude
40°31.62′
40°36.00′
40°12.42′
40°7.32′
40°31.62′
W longitude
68°16.08′
67°37.68′
67°34.68′
68°12.72′
68°16.08′
TABLE 2—SEAMOUNTS UNIT
COORDINATES
Point
1 ..........
2 ..........
N latitude
39°56.34′
I40°2.64′
VerDate Sep<11>2014
W longitude
( )
I67°43.32′
a
15:53 Oct 18, 2023
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TABLE 2—SEAMOUNTS UNIT
COORDINATES—Continued
Point
3 ..........
1 ..........
N latitude
38°51.90′
40°2.64′
W longitude
(b)
67°43.32′
a U.S. exclusive economic zone (EEZ) longitude, approximately 65°56.58′.
b U.S.
EEZ
longitude,
approximately
66°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
§ 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 § 600.10 and § 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
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72039
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 § 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,
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules
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]
Size
Type
Firms
Vessels
Large ................................
Small ................................
Small ................................
Fishing .............................
Fishing .............................
For-Hire ............................
11
1,024
314
151
1,519
380
As stated above, this action
incorporates the boundaries of the
Monument area into the MagnusonStevens Act definitions at 50 CFR
600.10 and the commercial fishing
prohibition into the Magnuson-Stevens
Act prohibitions at § 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.
Average
gross
receipts
$19,944,000
717,000
144,000
Point
1. The authority citation for part 600
continues to read as follows:
1
2
3
1
■
Authority: 5 U.S.C. 561 and 16 U.S.C.
1801 et seq.
2. In § 600.10, add the definition for
‘‘Northeast Canyons and Seamounts
Marine National Monument’’ in
alphabetical order to read as follows:
■
§ 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
Fisheries, Fishing.
1
2
3
4
1
lotter on DSK11XQN23PROD with PROPOSALS1
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 600 as follows:
VerDate Sep<11>2014
15:53 Oct 18, 2023
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......
......
......
......
......
40°31.62′ ............
40°36.00′ ............
40°12.42′ ............
40°7.32′ ..............
40°31.62′ ............
68°16.08′
67°37.68′
67°34.68′
68°12.72′
68°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:
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Sfmt 9990
25th Percentile
gross receipts
$0
1,000
142,000
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
List of Subjects in 50 CFR Part 600
Dated: October 13, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Average
for-hire
receipts
......
......
......
......
75th Percentile
gross receipts
$15,463,000
56,000
7,000
$24,445,000
681,000
85,000
N latitude
40°2.64′ ..............
39°56.34′ ............
38°51.90′ ............
40°2.64′ ..............
a U.S.
EEZ
65°56.58′.
b U.S.
EEZ
66°55.86′.
W longitude
67°43.32′
(a)
(b)
67°43.32′
longitude,
approximately
longitude,
approximately
*
*
*
*
*
3. In § 600.725, add paragraph (x) to
read as follows:
■
§ 600.725
General prohibitions.
*
*
*
*
*
(x) Fish for commercial purposes
within the Northeast Canyons and
Seamounts Marine National Monument,
as defined in § 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
E:\FR\FM\19OCP1.SGM
19OCP1
]]>Agencies
[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 [www.gpo.gov]
[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:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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
https://www.regulations.gov 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
