[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12282-12286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03247]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 240212-0045]
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: Final rule.

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SUMMARY: This action implements regulations for the Northeast Canyons 
and Seamounts Marine National Monument. This action is necessary to 
conform U.S. fishing regulations to be 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 
Monument. The measures herein are intended to define the boundary 
coordinates of the Monument area and clarify the prohibition on 
commercial fishing in the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) regulations.

DATES: Effective March 18, 2024.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, 978-281-9184.

SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2016, the Northeast Canyons and Seamounts Marine 
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.''

Approved Measures

    Consistent with Proclamation 10287 (68 FR 57349, October 15, 2021) 
and the requirements of the Magnuson-Stevens Act, this action defines 
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'

[[Page 12283]]

 
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 reflects Proclamation 10287's prohibition on 
commercial fishing within the boundaries of the Monument in the 
Magnuson-Stevens Act prohibitions at Sec.  600.725 and clarifies that 
commercial fishermen may transit through the Monument if fishing gear 
is stowed and not available for immediate use during passage through 
the Monument.

Comments and Responses

    We published a proposed rule in the Federal Register on October 19, 
2023 (88 FR 72038), soliciting public comment. The comment period ended 
on November 20, 2023. We received a total of 11,640 comments submitted 
by 6 individual commercial and recreational fishermen; 2 academics and 
researchers; 11,589 members of the public; and 40 environmental, 2 
commercial fishing, and 1 legal organization. One comment related to 
wind development, which is not the subject of this action, and is not 
discussed further. A more detailed summary of the relevant comments and 
our responses is provided below.

Establishment of the Monument and Its Commercial Fishing Prohibition

    Comment 1: A total of seven commenters--four individual fishermen, 
two members of the public, and one commercial fishing organization--
expressed general opposition to the action because (1) the commercial 
fishing prohibition results in the loss of an important fishing ground; 
(2) the commercial fishing prohibition will have a negative impact on 
fisheries in general or on pelagic longline and highly migratory 
species fisheries specifically; (3) the loss of fishing opportunity for 
species managed multilaterally by the International Commission for the 
Conservation of Atlantic Tunas may result in reductions of U.S. quota, 
reallocated to countries with less sustainable management; (4) the 
commercial fishing prohibition gives exclusive access to recreational 
fisheries, and the area should either be closed or open to all 
fisheries without any exceptions; (5) recreational fisheries do not 
have the same level of monitoring as commercial fisheries; (6) marine 
protected areas are the least effective fisheries management tool and 
fail to recognize biology and ecology, are not adaptive, and force 
vessels to fish in less desirable areas; (7) fisheries that do not 
interact with benthic habitat and/or that have sufficient monitoring in 
place should be allowed to fish in the Monument; (8) ``objects of 
historic or scientific interest,'' which the Antiquities Act of 1906 
(54 U.S.C. 320301-320303) was established to protect, does not include 
living marine resources; (9) the Monument does not represent the 
``smallest area compatible'' with the proper care and management of the 
objects the Monument was established to protect, as required under the 
Antiquities Act; (10) the Monument does not provide proper care and 
management of highly migratory species, which have a much larger range 
than the Monument; (11) the establishment of the Monument was not based 
on the best scientific information available; and (12) the commercial 
fishing prohibition poses prosecution risk to members of industry if 
gear drifts, and vessels will not be able to set gear near the Monument 
because of this risk.
    A total of 11,627 commenters--11,584 members of the public, 2 
individual fishermen, 1 individual researcher, and 40 environmental 
organizations--expressed general support for the Monument for reasons 
including the Monument is a relatively small area, it is a unique area, 
it is in need of protection, it supports sustainable fisheries, and it 
balances conservation and economics. One comment further stated that 
the Monument should be fully protected and all fishing activity should 
be prohibited within its boundaries.
    Response: These comments address the establishment of the Monument 
and its associated commercial fishing prohibition, which were 
implemented through Presidential Proclamations 10287 and 9496. NMFS 
does not establish, initiate, or control the marine monument process. 
Under the Antiquities Act, the President establishes marine monuments 
and makes the final decision on what is protected and what uses will be 
restricted upon establishment.

Monument Management Plan

    Comment 2: Two comments submitted by commercial fishing 
organizations criticize the development of the draft Management Plan, 
the lack of public involvement in its development, and the likelihood 
of its development having a substantial cost and little benefit.
    Response: This rulemaking is separate and distinct from the 
development of the draft Management Plan. Further, NMFS is not 
primarily responsible for the Management Plan's development. The U.S. 
Fish and Wildlife Service is the lead agency responsible for the draft 
Management Plan.

Legal Basis and Procedures

    Comment 3: One comment submitted by an organization asserts that 
NMFS' prohibition on commercial fishing in an area of the Atlantic 
Ocean is based on an ``illegal'' Presidential Proclamation issued under 
the Antiquities Act. The comment states that the Proclamation exceeds 
the President's authority under the Antiquities Act and violates the 
U.S. Constitution's separation of powers. Thus, it argues that any 
agency action, including this action seeking to include the Monument 
and the commercial fishing prohibition in the Magnuson-Stevens Act 
regulations, is, among other legal flaws, arbitrary, capricious, and 
not in accordance with law. Further, it asserts that the Monument's 
prohibition on commercial fishing is outside the President's authority 
under the Antiquities Act and that any agency action, including this 
rulemaking, taken in furtherance of the Monument designation would 
violate the Administrative Procedure Act (APA).
    Response: The Monument Proclamations 9496 and 10287 are within the 
President's authority under the Antiquities Act, and this rule is 
consistent with the APA. NMFS is an agency of the Executive Branch and 
thus is required to comply with directives from the President. The 
President prohibited commercial fishing in the Monument in the most 
recent Proclamation, Proclamation 10287. The Proclamation further 
directs NMFS to implement the existing prohibition on commercial 
fishing within the Monument.
    Section 305(d) of the Magnuson-Stevens Act provides that ``The 
Secretary shall have general responsibility to carry out any fishery 
management plan (FMP) or amendment approved or prepared by him, in 
accordance with the provisions of this Act. The Secretary may 
promulgate such regulations, in accordance with section

[[Page 12284]]

553 of Title 5, United States Code, as may be necessary to discharge 
such responsibility or to carry out any other provision of this Act'' 
(emphasis added).
    NMFS is responding to a change in law stemming from the Antiquities 
Act. Proclamation 10287's prohibition on commercial fishing is 
``existing law,'' and section 303(a)(1)(C) of the Magnuson-Stevens Act 
requires FMPs to be ``consistent with . . . any other applicable law.'' 
(Emphasis added). Including the prohibition against fishing in the 
Monument in the Magnuson-Stevens Act regulations is consistent with 
existing law established by the Proclamation. It should be noted that 
both the New England and Mid-Atlantic Fishery Management Councils were 
invited to act to implement the Proclamation's prohibition on 
commercial fishing, and both declined.
    Comment 4: One comment, submitted by a legal organization, states 
that the rule seeks to ``conform'' Magnuson-Stevens Act regulations to 
the Proclamation's commercial fishing prohibition within the Monument 
but, the commenter states, to prohibit commercial fishing under the 
Magnuson-Stevens Act, NMFS must conform to the statutory requirements 
enacted by Congress in the Magnuson-Stevens Act. The commenter believes 
NMFS has ``ignored its duty and provided no analysis under the 
Magnuson-Stevens Act. Thus, the rule is, among other legal flaws, 
arbitrary, capricious, and not in accordance with law.'' A second 
comment, submitted by a commercial fishing organization, similarly 
stated that the rule should have included Magnuson-Stevens Act process 
requirements and National Standard considerations.
    Response: Proclamation 10287 prohibited commercial fishing in the 
Monument on October 8, 2021. The prohibition went into effect 
immediately (with exceptions for red crab and lobster fishing until 
September 15, 2023).
    As discussed above, the use of Magnuson-Stevens Act section 305(d) 
is necessary to ensure FMPs are consistent with all applicable law, in 
accordance with section 303(a)(1)(C). In addition, the placement of 
these regulations in the overarching Magnuson-Stevens Act regulations 
at part 600 ensures that all existing and future FMPs (i.e., not solely 
Greater Atlantic Region management plans) conform to section 
303(a)(1)(C)'s mandate that plans are consistent with other applicable 
law.
    This action is not discretionary and this rule does not impose a 
restriction or prohibition on commercial fishing in the Monument. The 
restriction and prohibition on commercial fishing within the Monument 
exists even in the absence of this rule. This rule is necessary to 
document within regulation the boundary coordinates of the Monument 
area so that the fishing industry and public can be informed as to the 
location of the Monument in order to comply with the commercial fishing 
prohibition. This rule is also necessary to document the prohibition on 
commercial fishing within the Monument and to ensure the commercial 
fishing industry and public are aware that commercial fishing vessels 
may transit the Monument provided that all fishing gear is stowed and 
unavailable for immediate use. This rule serves to ensure the 
commercial fishing industry has the information necessary to comply 
with the provisions of the Proclamation without being overburdened 
either due to uncertainty as to the boundary coordinates of the 
Monument area or uncertainty regarding whether transiting the Monument 
is authorized.
    Comment 5: Four comments submitted by environmental organizations 
expressed support for the inclusion of the Monument commercial fishing 
prohibition into the Magnuson-Stevens Act regulations. Three of the 
four comments provided the reasoning that the action fulfills the 
requirement in section 303(a)(1)(C) that FMPs be consistent with other 
applicable laws, in this case the Antiquities Act and Presidential 
Proclamations 10287 and 9496. Two of them provided further rationale 
that the action is consistent with section 305(d) of the Magnuson-
Stevens Act. One of the comments did not provide further reasoning.
    Response: NMFS agrees that section 303(a)(1)(C) of the Magnuson-
Stevens Act requires FMPs to be consistent with other applicable laws 
and is implementing this action under the Secretarial authority at 
section 305(d).
    Comment 6: One comment from a legal organization states that this 
rulemaking skirts NMFS' duty to conduct a regulatory flexibility 
analysis under the Regulatory Flexibility Act (RFA). When an agency 
publishes a general notice of proposed rulemaking, the RFA usually 
requires the agency to prepare and make available for public comment an 
initial regulatory flexibility analysis (IRFA), which describes the 
effect a proposed rule will have on small entities. The commenter 
asserts that the lack of an IRFA for this proposed rule violates the 
RFA because it is based on the President's illegal action to prohibit 
commercial fishing in the Monument.
    Response: The RFA generally requires that, when an agency publishes 
a proposed rule, as NMFS has done here, it must also ``prepare and make 
available for public comment'' an IRFA, that describes ``the impact of 
the proposed rule on small entities'' and also seek out and describe 
less burdensome alternatives to the proposed rule. However, because the 
Monument has been closed to commercial fishing by Proclamation 10287 
since October 2021, this rule will have no additional effect on 
regulated entities beyond what is already in place. Moreover, the 
Proclamation's directive to NMFS to implement the commercial fishing 
prohibition gives the agency no discretion to consider or implement any 
alternatives. Therefore, NMFS cannot describe less burdensome 
alternatives to implementing the existing prohibition on commercial 
fishing, because there are no less burdensome alternatives.
    While NMFS did not prepare an IRFA, it did comply with the RFA. 
Section 605(b) of the RFA indicates that the preparation of an IRFA or 
final regulatory flexibility analysis is not required for rules that 
``will not, if promulgated, have a significant economic impact on a 
substantial number of small entities,'' as certified by the head of the 
agency. In such cases, the agency is required to publish the 
certification, along with the factual basis for the certification, in 
the Federal Register with the notice of proposed rulemaking or the 
final rule. The proposed rule included the factual basis for this 
determination, as certified to the SBA Office of Advocacy by the Chief 
Counsel for Regulation of the Department of Commerce, which 
demonstrates that while entities will be subject to this action, they 
are already subject to the commercial fishing prohibition, and, 
therefore, this action has no additional effect on these regulated 
entities.
    Comment 7: One comment from a commercial fishing organization 
states that taking this action pursuant to an Executive Order citing 
the Antiquities Act, instead of using the processes established in the 
Magnuson-Stevens Act for closures and other actions, and the lack of 
any analysis under the National Environmental Policy Act (NEPA), are 
``the antithesis of good governance'' and decries the lack of public 
involvement. However, the comment goes on to state: ``We understand 
that NMFS has no discretion regarding this action; in fact, the docket 
clearly articulates this: `Because this action serves to bring the 
Magnuson-Stevens Act regulations into compliance with Presidential 
Proclamations 9496

[[Page 12285]]

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 NEPA. Therefore, NEPA does not apply to 
this action.' We understand this and therefore cannot argue against 
NMFS compliance with the Executive Orders as detailed in the Proposed 
Rule.''
    Response: We agree with these comments regarding NMFS' lack of 
discretion in proposing this rule in compliance with the Proclamations' 
requirements. The President established the Monument and prohibited 
fishing in the Monument.

Economic Impacts of the Monument and This Action

    Comment 8: We received one comment from an individual researcher 
and two comments from environmental organizations related to the 
impacts of the Monument that, based on analyses submitted as part of 
one comment, there is little evidence that the commercial fishing 
prohibition had significant economic impacts on commercial fisheries. 
The two environmental organizations also commented that the inclusion 
of the commercial fishing prohibition into the Magnuson-Stevens Act 
regulations would not have additional effects on regulated entities 
because the area is already closed to commercial fishing by 
Presidential Proclamations 10287 and 9496.
    Response: NMFS agrees that this action will have no additional 
effect on regulated entities because fishing was previously prohibited 
in the Monument.

Opportunities for Public Participation

    Comment 9: One environmental organization noted that the Monument 
process has included several opportunities for public participation, 
including the comment period on this rulemaking and additional comment 
periods related to the Monument (e.g., prior to its designation, 
throughout the development of a management plan, at New England Fishery 
Management Council meetings).
    Response: This rulemaking included an opportunity for public 
participation through the publication of a proposed rule in the Federal 
Register on October 19, 2023 (88 FR 72038), soliciting public comment. 
The comment period ended on November 20, 2023. Other actions, including 
the Monument's establishment through Presidential Proclamation 9496 and 
the development of a management plan and public input submitted in 
response to those actions are separate and distinct from this 
rulemaking.

Requests for Additional Information

    Comment 10: Two comments submitted by members of the public asked 
how the fishing prohibition would be enforced, in general or in regard 
to foreign fishing fleets.
    Response: The commercial fishing prohibition in the Monument will 
be enforced with the same resources and tools that are used to enforce 
other existing closures and gear-restricted areas, including 
enforcement patrols and vessel monitoring and reporting requirements.
    Comment 11: One member of the public stated that the reason for the 
7-year phase-out for lobster and red crab is unclear and asked whether 
there would be regulations limiting the number of lobster and crab pots 
and specifying the type of rope used in the Monument for these 
fisheries.
    Response: The 7-year phase-out for lobster and red crab was 
established by Presidential Proclamations 9496 and 10287. Under the 
Antiquities Act, the President establishes marine monuments and makes 
the final decision on what is protected and what uses will be 
restricted upon establishment. NMFS does not establish, initiate, or 
control the marine monument process. Presidential Proclamation 10287 
established September 15, 2023, as the end of the phase-out period, and 
all commercial fishing is currently prohibited in the Monument by 
Presidential Proclamation. This action adds the commercial fishing 
prohibition within the Monument to the list of prohibited activities at 
Sec.  600.725 and does not make any exceptions or differing regulations 
for the lobster or red crab fisheries. While lobster and Jonah crab are 
managed under the Atlantic Coastal Fisheries Cooperative Management Act 
with implementing regulations at part 697, this action applies to the 
lobster and Jonah crab fisheries. The definitions (Sec.  697.2(a)) and 
prohibitions for lobster (Sec.  697.7(c)(1)) and Jonah crab (Sec.  
697.7(h)) state that the Magnuson-Stevens Act definitions at Sec.  
600.10 and prohibitions at Sec.  600.725 are also applicable to these 
fisheries.
    Comment 12: One member of the public commented that it is unclear 
why NEPA didn't apply, as a ``proposal'' is being made and a change in 
activities allowed is also being implemented.
    Response: Section 1501.1(a)(d) of the Council on Environmental 
Quality regulations implementing NEPA states that an agency should 
consider ``whether the proposed activity or decision, in whole or in 
part, is a non-discretionary action for which the agency lacks 
authority to consider environmental effects as part of its decision-
making process'' when determining whether NEPA applies. NMFS does not 
establish, initiate, or control the marine monument process. The 
President established the Monument under the Antiquities Act and made 
the final decision on what is protected and what uses are restricted 
within the Monument. 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. Therefore, NEPA does not apply to this action.

Requests for Additions to the Administrative Record

    Comment 13: One comment from an individual researcher requested 
that the administrative record include three scientific analyses of 
fishing activity in the Monument (Lynham, J., Fishing Activity Before 
Closure, During Closure, and After Reopening of the Northeast Canyons 
and Seamounts Marine National Monument. Sci. Reports 12, 1-21 (2022).; 
Lynham, J., The Northeast Canyons & Seamounts Marine National Monument 
and the Atlantic Deep-Sea Red Crab Fishery, Unpublished, 1-14.; Lynham, 
J., The Northeast Canyons & Seamounts Marine National Monument and the 
Atlantic Lobster Fishery, Unpublished, 1-15.) and one comment from a 
commercial fishing organization requested that it include comments it 
previously submitted in response to a Notice of Intent to Conduct 
Scoping and to Prepare a Draft Environmental Impact Statement for the 
Proposed Hudson Canyon National Marine Sanctuary (87 FR 34853, June 8, 
2022) and a Review of Certain National Monuments Established Since 
1996; Notice of Opportunity for Public Comment (82 FR 22016, May 11, 
2017) and two scientific publications (Hampton J, Lehodey P, Senina I, 
Nicol S, Scutt Phillips J and Tiamere K (2023), Limited Conservation 
Efficacy of Large-scale Marine Protected Areas for Pacific Skipjack and 
Bigeye Tunas. Front. Mar. Sci. 9:1060943. doi: 10.3389/
fmars.2022.1060943. Hilborn, R., Kaiser, M.J., A Path Forward for 
Analysing the Impacts of Marine Protected Areas. Nature 607, E1-E2 
(2022). https://doi.org/10.1038/s41586-022-04775-1).
    Response: As comments, including attachments and hyperlinked 
references,

[[Page 12286]]

are part of the administrative record, the subject analyses and 
comments have been added to the administrative record for this action.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act to comply with section 303(a)(1)(C) by 
promulgating regulations (at Sec. Sec.  600.10 and 600.725) to ensure 
that all FMPs 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 rule is consistent with other applicable law.
    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 NEPA. Therefore, NEPA does not apply to this 
action.
    This rule has been determined not 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. We received one comment 
regarding requirements under the RFA. The comment did not contest the 
factual basis for the certification. As a result, a regulatory 
flexibility analysis was not required and none was prepared.
    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing.

    Dated: February 13, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
600 to read 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'' 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. 2024-03247 Filed 2-15-24; 8:45 am]
BILLING CODE 3510-22-P