Dept. of Commerce Proposes New Business Size Rule for Commercial Fishing Businesses

Screen Shot 2015-09-23 at 2.18.18 PMThe Department of Commerce and National Oceanic Atmospheric Administrative proposed a rule change on Sept. 18 to establish a single small business size standard for commercial fishing businesses.

According to the Federal Register, the proposed rule change calls for the establishment of a small business size standard of $11 million in annual gross receipts for all businesses in the commercial fishing industry (NAICS 11411), for Regulatory Flexibility Act (RFA) compliance purposes only. The proposed $11 million standard would be used in RFA analyses in place of the U.S. Small Business Administration’s (SBA) 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, respectively.

The Federal Register adds that establishing a single size standard of $11 million for the commercial fishing industry would simplify the RFA analyses done in support of National Marine Fisheries Service (NMFS) rules, better meet the RFA’s intent by more accurately representing expected disproportionate effects of NMFS rules between small and large businesses, create a standard that more accurately reflects the size distribution of all businesses in the commercial fishing industry, and allow NMFS to determine when changes to the standard are necessary and appropriate.

Comments must be received by October 19, 2015 and can be submitted:

  • By Mail — Send written comments to Mike Travis, NOAA Fisheries Service, Southeast Regional Office, 263 13th Ave. S., St. Petersburg, FL 33701.
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