[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]


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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

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

ACTION: Proposed rule; request for comments.

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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
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    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