Rule2025-18451
Fisheries of the Northeastern United States; 2025-2026 Specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan
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Published
September 23, 2025
Effective
October 23, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements 2025-2026 specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP), as recommended by the Mid-Atlantic Fishery Management Council (Council). This action sets 2025 and projected 2026 butterfish fishery specifications and reaffirms 2025 chub mackerel, Illex squid, longfin squid, and Atlantic mackerel fishery specifications. These final specifications are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information. This action also adjusts the minimum square mesh size for directed butterfish trawl trips and corrects existing regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 182 (Tuesday, September 23, 2025)</title>
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[Federal Register Volume 90, Number 182 (Tuesday, September 23, 2025)]
[Rules and Regulations]
[Pages 45674-45677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18451]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250912-0153]
RIN 0648-BN43
Fisheries of the Northeastern United States; 2025-2026
Specifications for the Mackerel, Squid, and Butterfish Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS approves and implements 2025-2026 specifications for the
Mackerel, Squid, and Butterfish Fishery Management Plan (FMP), as
recommended by the Mid-Atlantic Fishery Management Council (Council).
This action sets 2025 and projected 2026 butterfish fishery
specifications and reaffirms 2025 chub mackerel, Illex squid, longfin
squid, and Atlantic mackerel fishery specifications. These final
specifications are intended to establish allowable harvest levels that
will prevent overfishing, consistent with the most recent scientific
information. This action also adjusts the minimum square mesh size for
directed butterfish trawl trips and corrects existing regulations.
DATES: Effective October 23, 2025.
ADDRESSES: A Supplemental Information Report (SIR) was prepared for
these specifications. Copies of the SIR and other relevant
environmental documentation are available on request from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
The SIR is also accessible via the internet at <a href="https://www.mafmc.org/supporting-documents">https://www.mafmc.org/supporting-documents</a>.
Copies of the small entity compliance guide are available from
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at <a href="https://www.greateratlantic.fisheries.noaa.gov">https://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196.
SUPPLEMENTARY INFORMATION:
Background
NMFS and the Council manage fisheries for Atlantic mackerel, chub
mackerel, Illex squid, longfin squid, and butterfish pursuant to the
Mackerel, Squid, and Butterfish FMP. In 2023, the most recent year for
which complete revenue data are available, these five species supported
fisheries producing $46 million in revenues.
Regulations implementing the Mackerel, Squid, and Butterfish FMP
appear at 50 CFR part 648, subpart B. Section 302(g)(1)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1852(g)(1)(B)) states that the Scientific and
Statistical Committee (SSC) for each regional fishery management
council shall provide its council with ongoing scientific advice for
fishery management decisions, including recommendations for acceptable
biological catch (ABC), preventing overfishing, ensuring maximum
sustainable yield (MSY), and achieving rebuilding targets. The ABC is a
level of catch that accounts for the scientific uncertainty in the
estimate of the stock's defined overfishing limit (OFL).
Section 303(c) of the Magnuson-Stevens Act (16 U.S.C. 1853(c))
allows a Council to submit proposed regulations that it deems necessary
or appropriate for making modifications to regulations implementing an
FMP or FMP amendment to the Secretary of Commerce. Section 304(b) of
the Magnuson-Stevens Act (16 U.S.C. 1854(b)) requires the Secretary of
Commerce to evaluate the Council's proposed regulations to determine
whether they are consistent with the FMP, FMP amendment, the Magnuson-
Stevens Act, and other applicable law. If that determination is
affirmative, the Secretary must publish the proposed regulations in the
Federal Register for public comment, and promulgate a final rule after
the end of the comment period.
The Council finalized its recommendations for 2025 and projected
2026 butterfish fishery
[[Page 45675]]
specifications, and recommended reaffirming previously-projected 2025
Atlantic mackerel fishery specifications, during its October 2024
meeting, based on recommendations from its SSC. The Council also
recommended reaffirming previously-projected 2025 specifications for
the chub mackerel, Illex squid, and longfin squid fisheries during its
June 2024 meeting.
Through this final rule, NMFS approves and implements the Council's
recommended butterfish specifications pursuant to sections 303(c) and
304(b) of the Magnuson-Stevens Act. NMFS also reaffirms previously-
projected specifications and makes corrections to existing regulations
pursuant to section 305(d) of the Magnuson-Stevens Act, which
authorizes the Secretary to implement management measures necessary to
carry out an approved fishery management plan.
Final 2025 and Projected 2026 Butterfish Specifications
Relative to 2024, the 2025 butterfish fishery specifications will:
<bullet> Increase the OFL by 9.3 percent;
<bullet> Increase the ABC/annual catch limit (ACL) by 8.6 percent;
<bullet> Lower the annual catch target (ACT) buffer to zero
percent, resulting in a 14.3-percent increase in the ACT;
<bullet> Increase assumed other discards by 52.8 percent and the
total discard set-aside by 12.8 percent;
<bullet> Maintain the butterfish discard cap in the longfin squid
fishery;
<bullet> Increase the domestic annual harvest (DAH) by 15.0
percent; and
<bullet> Maintain the trimester allocations for the butterfish
mortality cap.
In 2026, the projected butterfish OFL, ABC, and ACT will decrease
by 19.1 percent, and the projected DAH will decrease by 28.9 percent,
relative to 2025. The remainder of the projected 2026 specifications
will remain status quo relative to 2025 (table 1 and table 2).
Table 1--Final 2025 and Projected 2026 Butterfish Specifications
[Metric tons, mt]
------------------------------------------------------------------------
Specification 2025 Projected 2026
------------------------------------------------------------------------
OFL............................... 17,587 14,224
ABC/ACL........................... 17,115 13,842
ACT buffer........................ 0 0
ACT buffer (%).................... 0% 0%
ACT............................... 17,115 13,842
Research set-aside (RSA) *........ 0 0
Total allowable level of foreign 0 0
fishing (TALFF)..................
Butterfish cap in longfin squid 3,884 3,884
fishery..........................
Assumed other discards............ 1,907 1,907
Total discard set-aside (all 5,791 5,791
sources).........................
DAH/domestic annual processing 11,324 8,051
(DAP)............................
Closure threshold (amount caught). 10,324 7,051
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Table 2--Final 2025 and Projected 2026 Trimester Allocation of the
Butterfish Mortality Cap for the Longfin Squid Fishery
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (January-April)................. 43 1,670
II (May-August)................... 17 660
III (September-December).......... 40 1,554
-------------------------------------
Total......................... 100 3,884
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Reaffirmed 2025 Chub Mackerel, Longfin Squid, Illex Squid, and Atlantic
Mackerel Specifications
For multi-year specifications, the first year of specifications are
implemented through the initial final rule, which includes projections
of the additional years' specifications. Those projected
specifications, after review to ensure no changes are necessary, are
reaffirmed in subsequent rulemakings. Projected 2025 specifications for
the remaining fisheries managed under the Mackerel, Squid, and
Butterfish FMP were included in several previous management actions:
<bullet> Projected 2025 chub mackerel fishery specifications were
included in the final rule implementing 2023-2025 specifications for
the Mackerel, Squid, and Butterfish FMP (88 FR 48389, July 27, 2023);
<bullet> Projected 2025 Illex and longfin squid fishery
specifications were included in the final rule implementing 2024-2026
specifications for the Mackerel, Squid, and Butterfish FMP (89 FR
59678, July 23, 2024); and
<bullet> Projected 2025 Atlantic mackerel fishery specifications
were included in the final rule implementing 2024 and projected 2025
Atlantic mackerel specifications (89 FR 25820, April 12, 2024).
The proposed rule (90 FR 20265, May 13, 2025) noted that the 2024
Atlantic mackerel DAH was likely exceeded, with preliminary data
through December 31, 2024, indicating that 116.6 percent of the DAH had
been landed. At the time of publication of the proposed rule, NMFS was
still waiting for complete state and recreational data in order to
evaluate whether the Atlantic mackerel ACL had been exceeded, and if
so, which AMs would need to be implemented in order to address the
overage. The proposed rule explained that if these data became
available before publication of the final rule, NMFS would announce the
implementation of any necessary AMs through the final rule. NMFS
subsequently received updated state and recreational data that indicate
that the 2024 Atlantic mackerel ACL was not exceeded. Therefore, no AMs
for Atlantic mackerel are being implemented through this final rule.
[[Page 45676]]
Relative to 2024, the reaffirmed 2025 specifications for these four
species will remain status quo (tables 3-7).
Table 3--Reaffirmed 2025 Specifications for Chub Mackerel
[Mt]
------------------------------------------------------------------------
Reaffirmed
Specification 2025
------------------------------------------------------------------------
ABC........................................................ 2,300
ACL........................................................ 2,262
ACT........................................................ 2,171
Total allowable landings (TAL)............................. 2,041
------------------------------------------------------------------------
Table 4--Reaffirmed 2025 Specifications for Illex Squid
[Mt]
------------------------------------------------------------------------
Reaffirmed
Specification 2025
------------------------------------------------------------------------
OFL........................................................ Unknown
ABC........................................................ 40,000
Commercial discard set-aside............................... 1,369
Commercial discard set-aside (%)........................... 3.42%
Initial optimum yield (IOY)................................ 38,631
RSA *...................................................... 0
DAH/DAP.................................................... 38,631
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Table 5--Reaffirmed 2025 Specifications for Longfin Squid
[Mt]
------------------------------------------------------------------------
Reaffirmed
Specification 2025
------------------------------------------------------------------------
OFL........................................................ Unknown
ABC........................................................ 23,400
Commercial discard set-aside............................... 506.3
Commercial discard set-aside (%)........................... 2.16%
IOY........................................................ 22,893.70
RSA *...................................................... 0
DAH/DAP.................................................... 22,893.70
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Table 6--Reaffirmed 2025 Longfin Squid Quota Trimester Allocations
------------------------------------------------------------------------
Trimester Percent of quota Metric tons
------------------------------------------------------------------------
I (January-April)................. 43 9,844.30
II (May-August)................... 17 3,891.90
III (September-December).......... 40 9,157.50
-------------------------------------
Total......................... 100 22,893.70
------------------------------------------------------------------------
Table 7--Corrected Reaffirmed 2025 Specifications for Atlantic Mackerel
[Mt]
------------------------------------------------------------------------
Reaffirmed
Specification 2025
------------------------------------------------------------------------
ABC........................................................ 3,200
Canadian catch deduction................................... 74
ACL/U.S. ABC............................................... 3,126
Recreational catch deduction............................... 2,143
Commercial ACT............................................. 983
RSA *...................................................... 0
DAH/DAP.................................................... 868
JVP........................................................ 0
Commercial discards........................................ 115
TALFF...................................................... 0
River herring/shad catch cap............................... 129
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Adjustment to Minimum Square Mesh Size on Directed Butterfish Trips
This final rule decreases the minimum size for square mesh used on
directed butterfish trawl trips (trips possessing more than 5,000 lb
(2,268 kilograms (kg) of butterfish) from 3 inches (7.62 centimeters
(cm)) to greater than 2\5/8\ inches (6.67 cm). The existing 3-inch
(7.62-cm) minimum size for diamond mesh used on directed butterfish
trawl will remain unchanged. This change in minimum square mesh size
will provide the industry with additional flexibility to use readily
available materials while still minimizing catch of immature
butterfish.
Revisions to Existing Regulations
On April 12, 2024, the final rule implementing 2024 and projected
2025 specifications for the Atlantic mackerel fishery took effect (89
FR 25820). That rule revised the Atlantic mackerel accountability
measure (AM) regulations at Sec. 648.24 to remove the previous two-
phase commercial fishery closure process and replace it with a single-
step closure process to better accommodate the reduced specifications
that were implemented through that rule. The intent was to remove the
text at Sec. 648.24(b)(1)(iii) from the CFR through this rule because
it was being replaced by updated text at Sec. 648.24(b)(1)(ii);
however, it was accidentally left in the CFR. Pursuant to the
Secretary's authority in Section 305(d) of the Magnuson-Stevens Act,
this final rule removes the outdated regulatory text at Sec.
648.24(b)(1)(iii).
Comments and Responses
NMFS published a proposed rule on May 13, 2025 (90 FR 20265), and
the public comment period ended on June 12, 2025. We received comments
from four members of the public during the comment period: One
commenter provided comment unrelated to the action; one commenter
supported the action; and one commenter was generally opposed to
commercial fishing, but did not mention anything specific to the
measures contained in this action. A fourth commenter raised questions
about several components of the action. Responses to the three comment
components from this commenter are provided below.
Comment 1: A member of the public noted that there was a
typographical error in table 2 in the proposed rule. Specifically, the
butterfish discard cap for the longfin squid fishery was listed as
3,844 mt instead of 3,884 mt.
Response 1: Table 2 in this final rule corrects that error.
Comment 2: A member of the public expressed concern over the
proposed changes to the approach used to calculate assumed other
discards for butterfish. Specifically, the commenter questioned whether
the new time series (2018-2023) used to calculate assumed other
discards is sensitive to outlier data, and whether this approach is
adequately precautionary given potential variations in fishery
conditions. The commenter suggested that NMFS perform a sensitivity
analysis or expand upon its rationale for the change in the approach.
Response 2: During the development of this specifications action,
the Mackerel, Squid, and Butterfish Monitoring Committee reviewed
butterfish discard data from 2013-2023. Starting in 2018, discards were
calculated using NMFS' improved Catch Accounting and Monitoring System
(CAMS). These data indicated that other discards during 2018-2023 were
consistently higher than they were during 2013-2017. In order to use
the best information available, and to ensure that discard calculations
were reflective of recent conditions in the fishery, the Council
recommended
[[Page 45677]]
updating the time series used to calculated assumed other discards to
2018-2023. The intent of including one standard deviation in the
assumed other discards calculation is to help account for potential
annual variations in resource or fishing conditions, and to help
prevent the amount set-aside for discards from being too low. The
Council will review the projected 2026 butterfish specifications,
including assumed other discards, before the start of the next fishing
year. If it appears that the amount set aside for discards is no longer
appropriate, the Council could recommend changing the buffer.
Comment 3: A member of the public expressed concern over the
proposed reduction in the butterfish ACT buffer, stating that setting
the buffer at zero percent would eliminate a margin of safety that may
become necessary should fishery conditions change unexpectedly. The
commenter questioned whether the assumption that recent low catch rates
of butterfish will continue was appropriate, and recommended that NMFS
maintain the 5-percent ACT buffer that has been in place since 2021.
Response 3: NMFS disagrees that maintaining the 5-percent ACT
buffer is necessary. The butterfish fishery has consistently caught a
relatively small percentage of its commercial quota in recent years.
During 2019-2023, only 6.2-24.5 percent of the butterfish DAH was
caught annually. Input from experts suggests that market conditions
will likely lead to continued low utilization of the stock; therefore,
it is reasonable to assume that catch in 2025 will fall within the
range of what has been caught in recent years. Additionally, including
one standard deviation in the assumed other discards calculation will
help account for potential variability in fishery conditions, reducing
the likelihood of the catch limits being exceeded. The Council will
review the projected 2026 butterfish specifications, including the ACT
buffer, before the start of the next fishing year. If it appears that
the zero-percent buffer is no longer appropriate, the Council may
recommend changing the buffer.
Additionally, if conditions in the butterfish fishery change and
catch rates unexpectedly increase, the regulations implementing the
Mackerel, Squid, and Butterfish FMP include inseason AMs that are
designed to constrain catch and avoid overages of the ACL.
Specifically, when NMFS projects that a portion (10,324 mt) of the
butterfish DAH has been caught (with 1,000 mt remaining), NMFS will
implement a 5,000-lb (2,268-kg) possession limit for limited access
butterfish vessels fishing with a minimum mesh size of 3 inches (7.62
cm). When NMFS projects that 100 percent of the butterfish DAH has been
caught, NMFS will implement a 600-lb (272-kg) possession limit for all
vessels issued a limited access butterfish permit, a limited access
longfin squid permit, or an open access squid/butterfish incidental
catch permit. Further, if data indicate that the butterfish ACL was
exceeded in a given fishing year, catch in excess of the ACL would be
deducted from the ACL in the following year in order to account for
that overage.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
necessary to discharge NMFS' responsibilities and to carry out the
Magnuson-Stevens Act.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is not an E.O. 14192 regulatory action because this
action is not significant under E.O. 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
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. No comments were received
regarding this certification. As a result, a final regulatory
flexibility analysis was not required and none was prepared.
This final rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act
(PRA) of 1995. The existing collection of information requirements
would continue to apply under the following Office of Management and
Budget (OMB) Control Number: 0648-0229, Greater Atlantic Region Dealer
Purchase Reports.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 15, 2025.
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
648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 648.23 by revising paragraph (a)(1) to read as follows:
Sec. 648.23 Mackerel, squid, and butterfish gear restrictions.
(a) * * *
(1) Butterfish fishery. Owners or operators of otter trawl vessels
possessing more than 5,000 lb (2.27 mt) of butterfish harvested in or
from the EEZ may only fish with nets having codend mesh of greater than
or equal to 3-inch (7.62-cm) diamond mesh, or greater than 2\5/8\-inch
(6.67-cm) square mesh, as measured by methods specified in Sec.
648.80(f), applied throughout the codend for at least 100 continuous
meshes forward of the terminus of the net, or for codends with less
than 100 meshes, the minimum mesh size codend shall be a minimum of
one-third of the net, measured from the terminus of the codend to the
headrope.
* * * * *
0
3. Amend Sec. 648.24 by removing paragraph (b)(1)(iii).
[FR Doc. 2025-18451 Filed 9-22-25; 8:45 am]
BILLING CODE 3510-22-P
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