[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Proposed Rules]
[Pages 68389-68391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27052]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 191209-0103]
RIN 0648-BI82
Clarification of Magnuson-Stevens Fishery Conservation and
Management Act Regulation Regarding Monitor National Marine Sanctuary;
Proposed Rulemaking
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing to clarify its regulation which interprets
other regulations to prohibit all fishing in the Monitor National
Marine Sanctuary (Sanctuary). This is inconsistent with the applicable
Sanctuary regulation that prohibits some, but not all, fishing activity
in the Sanctuary. This proposed rule would revise regulations by
removing the fishing prohibition text and cross-referencing the
Sanctuary regulations instead.
DATES: Comments must be received by January 15, 2020.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0114,
by the following method:
Electronic Submissions: Submit all electronic public comments via
the Federal e-Rulemaking portal: http://www.regulations.gov.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments.
FOR FURTHER INFORMATION CONTACT: Chris Wright, Fishery Policy Analyst,
301-427-8504, or via email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Sanctuary was designated as the nation's first national marine
sanctuary in 1975. The site protects the wreck of the famed Civil War
ironclad U.S.S. Monitor. The U.S.S. Monitor is located approximately 15
miles southeast of Cape Hatteras, North Carolina. The Sanctuary
currently surrounds the shipwreck and consists of a vertical column of
water one mile (1.61 km) in diameter (0.78 square miles (2.02 square
km) in size) extending from the seabed to the surface, the center of
which is at 35[deg]00'23'' north latitude and 75[deg]24'32'' west
longitude (15 CFR 922.60). The U.S.S. Monitor is in water depths of 240
feet (22.3 m).
Fishing in Federal waters off North Carolina is economically and
socially vital to the state's residents, visitors, and coastal
communities. Commercial and recreational fishing provides an important
source of employment, income, recreation, and food, and is a
significant driver for local tourism.
The United States claims sovereign rights and exclusive fishery
management authority over fish within the U.S. Exclusive Economic Zone
(EEZ), an area extending 200 nautical miles (370.4 km) from the seaward
boundary of coastal states and U.S. territories (16 U.S.C. 1811(a)).
Within the EEZ, Federal fishery management is conducted under the
authority of the Magnuson Stevens Fishery Conservation and Management
Act (MSA) (16 U.S.C. 1801 et seq.). NMFS, acting under authority
delegated from the Secretary of Commerce, is responsible for managing
fisheries pursuant to the MSA. To assist in fishery management, the MSA
established eight regional fishery management councils that develop and
submit fishery management plans to NMFS (16 U.S.C. 1852(a)) for
specific geographic areas. NMFS is responsible for developing fishery
management plans for Atlantic highly migratory species (16 U.S.C.
1852(a)(3)).
This action affects regulations codified in the General Provisions
for Domestic Fisheries (50 CFR part 600, subpart H). The proposed
action would alleviate the potential for confusion regarding the
fishing restrictions applicable to the Monitor National Marine
Sanctuary or other sanctuaries. NMFS is taking this action pursuant to
MSA Sec. 305(d), which gives the Agency general authority to carry out
fishery management plans adopted under the MSA.
[[Page 68390]]
Current Regulations Affecting Fishing
A Sanctuary regulation (15 CFR 922.61) includes specific
restrictions applicable to fishing. Provisions that limit fishing and
activities associated with fishing are: Anchoring in any manner,
stopping, remaining, or drifting without power at any time; diving of
any type, whether by an individual or by a submersible; lowering below
the surface of the water any grappling, suction, conveyor, dredging or
wrecking device; and trawling.
In reviewing its regulations, NMFS noted that 50 CFR 600.705(f)
cross-references the Sanctuary regulation, but includes broader
language that prohibits ``all fishing activity'' in the Sanctuary.
The marine sanctuary regulations under 15 CFR part 924 were changed
to 15 CFR part 922, on December 27, 1995 (60 FR 66875). The broader
prohibition on all fishing at 50 CFR 600.705(f) appears to be
inadvertent and the result of consolidation of regulations for specific
fisheries into the General Provisions for Domestic Fisheries.
Proposed Action
This proposed action will remove text at 50 CFR 600.705(f), which
states that all fishing in the Sanctuary is prohibited by Sanctuary
regulations. This text is unnecessary and inconsistent with the
Sanctuary's regulations and policies, which prohibit some, but not all,
fishing activity in the Sanctuary. In 50 CFR 600.705(f), NMFS will
retain an updated cross-reference to the Office of National Marine
Sanctuaries' regulations at 15 CFR part 922.
Classification
The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the MSA and other applicable laws, subject to
further consideration after public comment.
This proposed action has been determined to be not significant for
the purposes of Executive Order 12866.
This rule is expected to be an Executive Order 13771 deregulatory
action.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. A description of the factual basis for this determination
follows.
This proposed rule removes an unnecessary fishery regulation that
inadvertently included an overly broad interpretation of a Sanctuary
regulation. The existing Sanctuary regulation will continue to prohibit
stopping, remaining, or drifting without power in the Sanctuary, which
significantly curtails most fishing activity in the Sanctuary. The
proposed action could result in a slight increase in fishing activity
in the Sanctuary, to the extent that NMFS's regulation had discouraged
such activity.
This rule would remove an unnecessary regulation that applies to
vessels (businesses) in the commercial harvesting and for-hire fishing
industries. The SBA has established size criteria for all major
industry sectors in the U.S., including fish harvesters. On December
29, 2015, NMFS issued a final rule establishing a small business size
standard of $11 million in annual gross receipts for all businesses
primarily engaged in the commercial fishing industry (NAICS 11411) for
Regulatory Flexibility Act (RFA) compliance purposes only (80 FR
81194). The $11 million standard became effective on July 1, 2016, and
is to be used in place of the SBA's current standards of $20.5 million,
$5.5 million, and $7.5 million for the finfish (NAICS 114111),
shellfish (NAICS 114112), and other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing industry in all NMFS rules
subject to the RFA after July 1, 2016 (80 FR 81194, December 29, 2015).
On July 18, 2019, the SBA issued an interim final rule (84 FR
34261) effective August 19, 2019, that adjusted the monetary-based
industry size standards (i.e., receipts- and assets-based) for
inflation for many industries. For fisheries for-hire businesses, the
rule changes the small business size standard from $7.5 million in
annual gross receipts to $8 million (See 84 FR at 34273) (adjusting
NAICS 487990 (Scenic and Sightseeing Transportation, Other)).
Commercial fishing vessels whose owners possess valid commercial
permit(s) for the South Atlantic EEZ (e.g., Tunas General category,
Atlantic Tunas Longline, Atlantic Tunas Harpoon, Dolphin/Wahoo, and
Atlantic Swordfish General Commercial) and harvest eligible species
with hook and line or longline gear off the coast of North Carolina may
be affected by this rule. As of May 7, 2019, 2633 vessels with valid
commercial permits for the South Atlantic EEZ reported landings using
hook and line or longline gear with 233 hailing from North Carolina. Of
these, 82 of the 233 vessels landed in North Carolina in 2018. These 82
entities could be directly affected by this action.
The for-hire fleet is comprised of charter vessels, which charge a
fee on a vessel basis, and headboats, which charge a fee on an
individual angler (head) basis. The harvest of various species in the
EEZ by for-hire vessels requires a charter vessel/headboat permit
(e.g., Atlantic Highly Migratory Species Charter/Headboat, Atlantic
Charter/Headboat for Dolphin Wahoo, South Atlantic Charter/Headboat for
Pelagic Fish, and South Atlantic Charter/Headboat for Snapper/Grouper).
The registration address for the Federal permit does not restrict
operation to Federal waters off that state. As of September 19, 2019,
there were 4904 vessels with valid or renewable for-hire permits. Of
the 4904 vessels, 497 vessels were registered in North Carolina, with
several entities owning multiple vessels. Based on the registered
permit address, 439 for-hire businesses eligible to fish in the EEZ off
North Carolina could be directly affected by the proposed action.
The Sanctuary is relatively small, covering approximately one mile
(1.61 km) in diameter (0.78 square miles in size; 2.02 square km).
Limited data is available to determine how much harvesting activity is
currently occurring or may occur in the Sanctuary if NMFS clarifies its
regulation as proposed. As such, it is not possible to quantitatively
determine the potential effects of this proposed rule. Considerable
uncertainty exists regarding those potential effects. However, it is
highly likely the economic benefits would be neutral to a slight
increase. Vessels that might have been discouraged from fishing by
NMFS's regulation may seek to fish in the Sanctuary, consistent with
the Sanctuary regulations, if NMFS's rule is clarified as proposed.
However, given the presence of similar or better fishing grounds closer
to shore which are not subject to the Sanctuary's restrictions, vessels
may not seek to fish in the Sanctuary.
NMFS assumes that the 82 commercial fishing vessels and 439 for-
hire businesses, described above, are small entities and has determined
that possible impacts of this proposed rule on those entities will not
be significant.
Because this rule, if implemented, is not expected to have a
significant adverse economic effect on the profits of a substantial
number of small entities, an initial regulatory flexibility analysis is
not required and none has been prepared.
List of Subjects in 50 CFR Part 600
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 68391]]
Dated: December 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 600 is proposed
to be amended 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. 600.705, revise paragraph (f) to read as follows:
Sec. 600.705 Relation to other laws.
* * * * *
(f) Marine sanctuaries. Regulations governing fishing activities
inside the boundaries of national marine sanctuaries are set forth in
15 CFR part 922.
* * * * *
[FR Doc. 2019-27052 Filed 12-13-19; 8:45 am]
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