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DOC/NOAA RIN: 0648-BK50 Publication ID: Fall 2023 
Title: Establish a Small Business Size Standard for For-Hire Fishing Businesses for Regulatory Flexibility Act Compliance Purposes Only 

The National Marine Fisheries Service (NMFS) is proposing to establish a small business size standard in the for-hire fishing industry for Regulatory Flexibility Act (RFA) compliance purposes only. NMFS uses the Small Business Administration’s (SBA’s) size standard for the North American Industry Classification System (NAICS) 487210, Scenic and Sightseeing Transportation, Water, to determine the number of for-hire fishing businesses under the size standard threshold (i.e., small entities) directly impacted by a regulatory action in the required analyses under the RFA. On July 18, 2019, SBA issued a final interim 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, including NAICS 487210, which increased the standard from $7.5 million to $8 million. On March 31, 2022, SBA published a final rule (87 FR 18627) in which SBA increased that size standard to $12.5 million. Under SBA’s existing size standard, all for-hire fishing businesses that are regulated by NMFS would likely be determined small. Therefore, NMFS would not be able to discern, consider, or address any disproportionate economic effects that various regulatory alternatives might have on small businesses, using this size standard in their RFA analyses. Establishing a size standard in the for-hire fishing industry would better meet the RFA’s intent by more accurately representing expected disproportionate effects of NMFS’ rules between small and large businesses, creating a standard that more accurately reflects the size distribution of all businesses in the for-hire fishing industry, and allowing NMFS to determine when changes to the standard are necessary and appropriate based on changes to that distribution. Consistent with the requirements in 13 CFR 121.903(c), NMFS will formally consult SBA's Office of Advocacy to ensure their concurrence with this proposed action.

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 200   
Legal Authority: 5 U.S.C. 601 et seq.    13 U.S.C. 121 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kelly Denit
Director, Office of Sustainable Fisheries
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway, Room 13362,
Silver Spring, MD 20901
Phone:301 427-8500