Rule2025-19459
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Temporary Rule To Extend Fishing Year 2025 Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 3, 2025
Effective
October 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule extends the emergency measures to revise portions of the fishing year 2025 provisions in the Northeast multispecies fishery. This action is necessary to address an emergency presented by an absence of approved specifications and other measures for fishing year 2025. This action is intended to mitigate economic harm to the Northeast multispecies fishery participants by establishing fish stock quotas and related measures that allow the fishery to operate while preventing overfishing.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Rules and Regulations]
[Pages 47989-47998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19459]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250424-0072]
RIN 0648-BN64
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Temporary Rule To Extend Fishing Year 2025
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: This rule extends the emergency measures to revise portions of
the fishing year 2025 provisions in the Northeast multispecies fishery.
This action is necessary to address an emergency presented by an
absence of approved specifications and other measures for fishing year
2025. This action is intended to mitigate economic harm to the
Northeast multispecies fishery participants by establishing fish stock
quotas and related measures that allow the fishery to operate while
preventing overfishing.
DATES: Effective as of October 3, 2025, Sec. Sec. 648.14 and 648.89 as
amended at 90 FR 18804 is extended through April 30, 2026.
ADDRESSES: NMFS developed a Supplemental Impact Report (SIR) for the
Environmental Assessments (EA) for Framework Adjustments 65 and 66 to
the Northeast Multispecies FMP that describes the impact that the
measures in this temporary rule would have on the human environment.
Copies of the SIR and the Regulatory Impact Review of this rulemaking
are available on the internet at: <a href="https://www.fisheries.noaa.gov/region/new-england-mid-atlantic">https://www.fisheries.noaa.gov/region/new-england-mid-atlantic</a>. Copies of each sector's operations
plan and contracts for fishing years 2025-2026; the Sector Operations
Plan, Contract, and EA requirements guidance document for fishing years
2025-2026; and other supporting documents are available from the NMFS
Greater Atlantic Regional Fisheries Office website at: <a href="https://www.fisheries.noaa.gov/region/new-england-mid-atlantic">https://www.fisheries.noaa.gov/region/new-england-mid-atlantic</a>. Copies of
supporting sector documents are available from Heather Nelson at
<a href="/cdn-cgi/l/email-protection#6e060b0f1a060b1c40000b021d01002e00010f0f40090118"><span class="__cf_email__" data-cfemail="0d65686c7965687f236368617e62634d63626c6c236a627b">[email protected]</span></a>. Copies of the EAs for Framework Adjustments
65, 66, and 69 are available from Dr. Cate O'Keefe, Executive Director,
New England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The Council's documents are also accessible via
the internet at: <a href="http://www.nefmc.org/management-plans/northeast-multispecies">http://www.nefmc.org/management-plans/northeast-multispecies</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Heather Nelson, Fishery Management
Specialist, phone: 978-281-9334; email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="21694440554944530f6f444d524e4f614f4e40400f464e57">[email protected]</a>.
SUPPLEMENTARY INFORMATION: On May 2, 2025, NMFS published an emergency
rule to implement fishing year 2025 management measures for the
Northeast Multispecies Fishery Management Plan (FMP) (90 FR 18804). The
emergency rule:
<bullet> Set interim fishing year 2025 annual catch limits (ACL)
for two stocks of cod--Gulf of Maine (GOM) cod and Georges Bank (GB)
cod--as well as for GB haddock;
<bullet> Set fishing year 2025 total allowable catches (TAC) for
Eastern GB cod and Eastern GB haddock that are shared stocks between
the United States and Canada;
<bullet> Confirmed projected fishing year 2025 specifications for
other Northeast multispecies stocks that were previously published in
Framework Adjustments 65 and 66;
<bullet> Approved Northeast multispecies (groundfish) sector
operations plans and allocated annual catch entitlements (ACE) to the
sectors, consistent with the catch limits described above;
<bullet> Prohibited recreational fishing vessels from possessing GB
cod;
<bullet> Prohibited commercial fishing vessels fishing under the
common pool management program from possessing GB cod;
<bullet> Set trimester TACs and possession limits for commercial
vessels fishing in the common pool;
<bullet> Allocated zero common pool trips into the Closed Area II
Yellowtail Flounder/Haddock Special Access Program (SAP) during fishing
year 2025; and
<bullet> Closed the Regular B Days-at-Sea (DAS) program and
prohibit usage of Regular B DAS in fishing year 2025.
At the time the emergency rule was implemented, NMFS was
considering two actions (Amendment 25 and Framework Adjustment 69)
submitted by the New England Fishery Management Council (Council) that
would have made changes to, and set measures for, the Northeast
Multispecies FMP. Pending a final decision on these actions, the
emergency rule ensured that the fishery could operate at the start of
the fishing year on May 1, 2025, mitigating the adverse economic impact
to the groundfish fishery if measures were not put in place.
Following the implementation of the emergency rule, Amendment 25
was disapproved on behalf of the Secretary of Commerce. Framework 69 to
the FMP, which recommends the annual specifications necessary to
authorize the fishery to operate in the 2025 fishing year beginning on
May 1, 2025, and projected specifications for fishing years 2026 and
2027, remains under consideration by NMFS. Framework 69 cannot be
implemented when the current emergency rule expires on
[[Page 47990]]
October 28, even if the framework is approved on or before that date.
The emergency rule is in effect for 180 days, from May 1, 2025,
through October 28, 2025. Under the Magnuson-Stevens Fishery
Conservation and Management Act, an emergency rule can be extended for
an additional 186 days. An extension of the emergency rule is necessary
to address the continuing emergency arising from the lack of approved
specifications and other measures for the full fishing year 2025.
Absent an extension of the rule, the lack of measures on October 29,
2025, would create serious conservation and management problems for the
fishery and severe economic harm to the Northeast multispecies fishery
participants. Without this extension, vessels participating in the
groundfish fishery would be unable to fish for the remainder of the
2025 fishing year (through April 30, 2025) unless replaced by other
measures (e.g., Framework 69 measures). This inability to fish would
result in substantial adverse economic impacts on vessel owners and
operators, dealers, and the fishing communities that rely on them.
With this emergency rule extension, all emergency measures remain
in place. Sector and common pool allocations are updated in this
extension to reflect the final rosters that were not available when the
emergency rule was originally implemented, and these updates are
provided in Tables 1-8. Additionally, errors in table formatting in the
original emergency rule are corrected. The extended emergency measures
would remain in place through April 30, 2026, unless replaced by other
measures.
Table 1--Catch Limits for the 2025 Fishing Year
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total ACL Groundfish Sector Common Recreational Midwater Scallop Small- State Other sub-
------------ sub-ACL sub-ACL pool sub- sub-ACL trawl fishery mesh waters sub- component
Stock ----------------------- ACL ---------------- fishery ----------- fisheries component -----------
A to H ---------- ----------- ------------------------
A+B+C A B C D E F G H
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................... 186 140 135 5 .............. ......... ......... .......... 16 31
GOM Cod.......................... 327 297 169 7 120 ......... ......... .......... 30 0.0
GB Haddock....................... 1,478 1,449 1,415 33 .............. 29 ......... .......... 0 0
GOM Haddock...................... 2,183 2,108 1,343 36 729 22 ......... .......... 46 7.6
GB Yellowtail Flounder........... 68 56 52 3.7 .............. ......... 11.0 1.3 0.0 0.0
SNE/MA Yellowtail Flounder....... 38 33 24 9.0 .............. ......... 2.7 .......... 0.2 2.0
CC/GOM Yellowtail Flounder....... 873 808 761 48 .............. ......... ......... .......... 28 37
American Plaice.................. 5,009 4,957 4,803 154 .............. ......... ......... .......... 26 26
Witch Flounder................... 1,196 1,146 1,102 44 .............. ......... ......... .......... 19 31
GB Winter Flounder............... 1,446 1,431 1,360 71 .............. ......... ......... .......... 0 15
GOM Winter Flounder.............. 772 607 514 93 .............. ......... ......... .......... 153 12.1
SNE/MA Winter Flounder........... 604 441 375 66 .............. ......... ......... .......... 19 144
Redfish.......................... 7,859 7,859 7,762 98 .............. ......... ......... .......... 0 0
White Hake....................... 1,825 1,816 1,795 21 .............. ......... ......... .......... 0 10
Pollock.......................... 12,683 11,619 11,492 127 .............. ......... ......... .......... 598 465
N. Windowpane Flounder........... 127 94 na 94 .............. ......... 27 .......... 0.0 6.8
S. Windowpane Flounder........... 205 30 na 30 .............. ......... 71 .......... 6.4 98
Ocean Pout....................... 83 49 na 49 .............. ......... ......... .......... 0 34
Atlantic Halibut................. 75 58 na 58 .............. ......... ......... .......... 16 1.2
Atlantic Wolffish................ 87 87 na 87 .............. ......... ......... .......... 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
n/a: not allocated to sectors.
Table 2--Fishing Year 2025 Common Pool Trimester TACs
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
2025
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 1.3 1.6 1.8
GOM Cod......................................................... 3.4 2.3 1.2
GB Haddock...................................................... 9.0 11.0 13.3
GOM Haddock..................................................... 9.7 9.4 17.0
GB Yellowtail Flounder.......................................... 0.7 1.1 1.9
SNE/MA Yellowtail Flounder...................................... 1.9 2.5 4.6
CC/GOM Yellowtail Flounder...................................... 27.1 12.4 8.1
American Plaice................................................. 113.7 12.3 27.6
Witch Flounder.................................................. 24.1 8.8 11.0
GB Winter Flounder.............................................. 5.7 17.0 48.2
GOM Winter Flounder............................................. 34.5 35.5 23.3
Redfish......................................................... 24.4 30.2 42.9
White Hake...................................................... 7.9 6.5 6.5
Pollock......................................................... 35.6 44.6 47.1
----------------------------------------------------------------------------------------------------------------
[[Page 47991]]
Table 3--Fishing Year 2025 Common Pool Incidental Catch TACs
[Mt, live weight]
------------------------------------------------------------------------
Percentage of
Stock common pool sub- 2025
ACL
------------------------------------------------------------------------
GB Cod............................ 1.68 0.08
GOM Cod........................... 1 0.07
GB Yellowtail Flounder............ 2 0.07
CC/GOM Yellowtail Flounder........ 1 0.48
American Plaice................... 5 7.68
Witch Flounder.................... 5 2.19
SNE/MA Winter Flounder............ 1 0.66
------------------------------------------------------------------------
Table 4--Fishing Year 2025 Incidental Catch TACs for Each Special
Management Program
[Mt, live weight]
------------------------------------------------------------------------
Eastern U.S./
Stock Regular B DAS Canada haddock
program SAP
------------------------------------------------------------------------
GB Cod............................ 0.05 0.03
GOM Cod........................... 0.07 n/a
GB Yellowtail Flounder............ 0.04 0.04
CC/GOM Yellowtail Flounder........ 0.48 n/a
American Plaice................... 7.68 n/a
Witch Flounder.................... 2.19 n/a
SNE/MA Winter Flounder............ 0.66 n/a
------------------------------------------------------------------------
Table 5--Fishing Year 2025 Regular B DAS Program Quarterly Incidental Catch TACs
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
2025
---------------------------------------------------------------
Stock 1st quarter 2nd quarter 3rd quarter 4th quarter
(13 percent) (29 percent) (29 percent) (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................... 0.01 0.01 0.01 0.01
GOM Cod......................................... 0.01 0.02 0.02 0.02
GB Yellowtail Flounder.......................... 0.00 0.01 0.01 0.01
CC/GOM Yellowtail Flounder...................... 0.06 0.14 0.14 0.14
American Plaice................................. 1.00 2.23 2.23 2.23
Witch Flounder.................................. 0.28 0.64 0.64 0.64
SNE/MA Winter Flounder.......................... 0.09 0.19 0.19 0.19
----------------------------------------------------------------------------------------------------------------
BILLING CODE 3510-22-P
[[Page 47992]]
[GRAPHIC] [TIFF OMITTED] TR03OC25.000
[[Page 47993]]
[GRAPHIC] [TIFF OMITTED] TR03OC25.001
[[Page 47994]]
[GRAPHIC] [TIFF OMITTED] TR03OC25.002
BILLING CODE 3510-22-C
[[Page 47995]]
Comments and Responses
NMFS received four comment letters on the emergency rule from: One
individual; the Conservation Law Foundation (CLF); the Stellwagen Bank
Charter Boat Association (SBCBA); and an attorney on behalf of the
Northeast Seafood Coalition (NSC) and the Gloucester Fishing Community
Preservation Fund (GFCPF). None of the comments NMFS received compels
it to let the emergency rule expire and as such, NMFS has published
this extension. The basis for the emergency remains: There are no
measures in place or that would be in place, but for an emergency rule
extension, that would allow for the continued operation of the
groundfish fishery.
Comments in Support of the Emergency Rule
Comment 1: One individual supported the emergency rule because it
minimizes economic loss and ensures the continued operation of the
Northeast multispecies fishery, while maintaining fish stock protection
during a period of transition. That individual supported integration of
the two-stock approach with the new four-stock method by incorporating
the Council's updated scientific recommendations. The comment letter
submitted on behalf of NSC and GFCPF stated that both organizations
appreciated implementation of the emergency rule to ensure that the
groundfish fishery was able to begin its fishing season on May 1, 2025,
and continue operating. However, they also urged NMFS to revise the
emergency measures.
Response: NMFS agrees with comments in support of the emergency
rule.
Comments on the Justification for the Emergency Rule
Comment 2: CLF commented that NMFS failed to explain how the
emergency rule was justified and failed to explain why the benefits of
the emergency rule outweigh the process followed by the Council in the
development of Amendment 25 and Framework Adjustment 69. CLF alleged
that the events used to justify the emergency rule were neither
unforeseen, nor recently discovered, and noted that the Council and the
public were consistently informed by NMFS that failure to finalize
Amendment 25 and Framework 69 would not warrant an emergency rule. CLF
also alleged that NMFS failed to explain why the benefits of the
emergency rule outweighed the open and transparent process that
occurred during the Council's deliberations of Amendment 25 and
Framework Adjustment 69, and that NMFS did not adequately document an
economic argument.
Response: NMFS disagrees. The emergency rule fully complied with
all applicable law. As explained in detail in the emergency rule, NMFS'
policy guidelines for the use of emergency rules (62 FR 44421; August
21, 1997) specify 3 criteria for emergency rules: (1) The emergency
results from recent, unforeseen events or recently discovered
circumstances; (2) the emergency presents serious conservation or
management problems in the fishery; and (3) the emergency can be
addressed through emergency regulations for which the immediate
benefits outweigh the value of advance notice, public comment, and
deliberative consideration of the impacts on participants to the same
extent as would be expected under the normal rulemaking process. NMFS'
policy guidelines further provide that emergency action is justified
for certain situations in which an emergency rule would prevent
significant direct economic loss, or to preserve a significant economic
opportunity that otherwise might be foregone.
NMFS' implementation of this emergency rule and its extension is
consistent with NMFS' policy. During the development of Amendment 25
and Framework 69, the Council was informed that NMFS' policy states
that an emergency rule may not be based on administrative inaction to
solve a long-recognized problem. The inability to implement Amendment
25 and Framework 69 was not due to administrative inaction. The Council
developed both actions with the expectation they could be reviewed and
approved or disapproved in time for the beginning of the fishing year.
NMFS also expected the actions would be reviewable in a timely manner
and was acting as quickly as practicable. Throughout the development of
Amendment 25 and Framework Adjustment 69, NMFS anticipated that both
actions could be reviewed simultaneously in a way that allowed for the
Secretary of Commerce to make decisions regarding both interrelated
actions at the same time. NMFS' inability to complete the process
mandated by the Magnuson-Stevens Act for both Amendment 25 and
Framework Adjustment 69 in a coordinated and timely way that would
allow for a decision and potential implementation prior to May 1, 2025,
was unforeseen and contrary to its plan. At the beginning of the
fishing year, the Amendment 25 decision was still pending and Framework
69 remained under NMFS consideration on May 1, necessitating the
emergency rule to allow the fishery to operate and provide NMFS with an
opportunity to complete, not replace, the Council and rulemaking
process. The inability to complete this task was not inaction, however,
as evidenced by NMFS' publication of the Amendment 25 notice of
availability, reception and consideration of comments on Amendment 25,
and its disapproval.
The emergency rule was justified to preserve a significant economic
opportunity that otherwise might be foregone. In the absence of
Framework Adjustment 69's specifications and other measures, vessels
enrolled in groundfish sectors, which comprise the vast majority of the
commercial groundfish fleet, would not have been authorized to fish
when the fishing year began on May 1 without an emergency rule.
Measures for the recreational fishery and the commercial common pool in
the emergency rule also were necessary to allow those fisheries to
operate while preventing overfishing of Atlantic cod. As discussed in
detail in the Regulatory Impact Review included in the Supplemental
Information Report (see ADDRESSES) that accompanied the emergency rule,
the emergency rule was estimated to result in an estimated commercial
groundfish revenue of approximately $33M relative to no action (not
allocating ACE to groundfish sectors) that would have resulted in
negligible revenue.
Comment 3: CLF alleged that NMFS failed to meet the Magnuson-
Stevens Act timing requirement outlined in 16 U.S.C. 1854(b) with
regard to the NMFS' justification for the emergency rule. CLF
questioned why NMFS failed to make a determination and publish proposed
regulations for Framework Adjustment 69 for public comment within 15
days of the Council submitting the action.
Response: The Magnuson-Stevens Act, in section 304(b), requires the
Secretary of Commerce to immediately initiate an evaluation of proposed
regulations submitted by a council to determine whether they are
consistent with the FMP, council action, the Magnuson-Stevens Act, and
other applicable law. Within 15 days of initiating such evaluation the
Secretary must make a determination and, if that determination is
affirmative, publish the regulations in the Federal Register for public
comment.
As stated in the temporary rule, it was necessary to address the
emergency presented by a gap of approved specifications and other
measures for
[[Page 47996]]
fishing year 2025. The actions recommended by the Council in Amendment
25 and Framework Adjustment 69 could not have proceeded through notice
and comment rulemaking toward approval or disapproval prior to the
beginning of the Northeast multispecies fishing year on May 1, 2025.
Earlier publication of the proposed regulations would not have changed
this determination.
Calculation of Cod Quotas
Comment 4: The comment submitted on behalf of NSC and GFCPF alleged
that the emergency rule is not consistent with applicable law and urged
that the emergency rule be revised. They also alleged that the
disapproval of Amendment 25 means there is no legal basis to set cod
specifications based on the 2024 assessments for the four new cod
stocks. The comment stated that the GB and GOM cod emergency
specifications should be set at 75 percent of the 2024 ACLs for the
remainder of the 180-day effective period of the emergency rule while
revised assessments should be completed for the GB and GOM cod stocks.
The SBCBA recommended that NMFS consider limited 2025 assessments of
Western Gulf of Maine (WGOM) cod and Southern New England (SNE) cod
that incorporate data from the Recreational Biological Sampling Program
(RecBio) and the Atlantic States Marine Fisheries Commission's Hook and
Line Survey.
Response: NMFS disagrees that the emergency rule is inconsistent
with applicable law. National Standard 2 requires that conservation and
management measures be based upon the best scientific information
available (BSIA). The National Standard 2 guidelines codified at 50 CFR
600.315 discuss scientific information, verification and validation,
the role of the Council's Scientific and Statistical Committee (SSC) in
the evaluation of scientific information and advising the Council, the
use of BSIA in decision making, and the timeliness of management
actions. Specifically, in Sec. 600.315(e), the guidelines state that
FMPs should be amended on a timely basis as new information indicates
the necessity for change and that FMPs must take into account the BSIA
available at the time of preparation.
On May 19, 2025, NMFS notified the Council that Amendment 25 was
disapproved. As a result, the Northeast Multispecies FMP continues to
include two cod stocks: GOM cod and GB cod. However, the BSIA for
Atlantic cod remains the June 2024 management track assessments for
Eastern Gulf of Maine (EGOM) cod, WGOM cod, GB cod, and SNE cod. The
SSC reviewed the four assessments at its July 2024 meeting and
recommended overfishing limits (OFL) and acceptable biological catches
(ABC) for the four stocks for fishing years 2025, 2026, and 2027.
Consistent with National Standard 2, that information must be
considered when setting quotas.
As stated in the emergency rule, beginning May 1, 2025, there were
no existing approved specifications for the existing two stocks of
Atlantic cod for fishing year 2025. The Northeast Multispecies FMP
includes provisions, at Sec. 648.90(a)(3), for setting default
specifications for up to 6 months. Default catch limits are set at the
lesser of 75 percent of the previous year's specifications or the
Council's recommended specifications for the current year. As described
in detail in the emergency rule, NMFS determined the default
allocations of 75 percent would exceed the Council's recommended U.S.
ABCs for the proposed four stocks of Atlantic cod in Framework
Adjustment 69, and the default allocations of 75 percent would also
exceed the Council's recommended 2025 U.S. ABCs when translated to the
current two stocks. To ensure the emergency rule prevents overfishing
while it is in effect, and to be consistent with the Northeast
Multispecies FMP's default specification provisions, NMFS set fishing
year 2025 specifications for the existing GB cod and GOM cod stocks
based on an application of the Council-recommended four Atlantic cod
ABCs, which are based on the BSIA and reflect the biological conditions
of the four stocks. This rule extends those specifications through the
remainder of fishing year 2025.
Because the four-stock structure for Atlantic cod is the BSIA, new
assessments of the old stocks of GB cod and GOM cod would be
inconsistent with National Standard 2, and there is insufficient
available time or resources to conduct any new cod assessment this
fishing year. The Northeast Region Coordinating Council (NRCC) is
responsible for coordinating fisheries science resources and scheduling
stock assessments. Assessment resources are extraordinarily limited.
There is no reasonable way to reassess these stocks as urged given the
limited time and resources. To the contrary, these limitations have
required postponement of many assessments, including Atlantic cod. At
its August 2025 meeting, the NRCC decided not to re-assess Atlantic cod
stocks until at least 2027. At that time, the assessment scientists
would review available data sets and determine which to include,
including the possibility of incorporating the RecBio information and
the Commission's Hook and Line Survey.
Comment 5: One individual suggested that NMFS provide a simple
diagram or flowchart to explain how historical cod allocations are
calculated, how the 75-percent default quotas are calculated, and how
the 2024 management track assessments were used in calculating quotas
for 2025.
Response: In the emergency rule published on May 2, 2025, NMFS
included Table 1 (2025 Atlantic Cod Quotas Calculated Using Council's
Recommendations in Framework 69). That table shows the ABCs for the
four new cod stocks recommended by the SSC and how they were used to
calculate the ABCs for the existing GB and GOM cod stocks. The
apportionment percentage used for WGOM cod in Table 1 is based on the
Council's preferred alternative in Framework Adjustment 69 (see
ADDRESSES) and the underlying analyses for that apportionment are not
reprinted here. Each year, NMFS sends a letter to each limited access
permit holder that details the amount of fish (in pounds) that the
permit would contribute to a sector if enrolled in the coming fishing
year and how those amounts are calculated. Information about the
calculation of potential sector contributions is available on the web
at: <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2025-sectors#annual-catch-entitlements">https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2025-sectors#annual-catch-entitlements</a>.
Preventing Overfishing
Comment 6: CLF expressed concerns that continuing to manage
Atlantic cod as two stocks would lead to continued overfishing of the
WGOM and SNE cod stocks, and compromise rebuilding of the EGOM and GB
cod stocks. CLF also raised a concern that the emergency rule
prioritizes short-term economic benefits over the requirement to
rebuild stocks and the long-term economic gains associated with rebuilt
stocks. CLF suggested that the emergency rule should give more
consideration to ending overfishing on the SNE and WGOM cod stocks, and
preventing overfishing of the EGOM and GB cod stock, but acknowledged
that no status determination (i.e., overfished and/or overfishing) can
be made for these four stocks until they are added to the FMP.
Response: NMFS disagrees the emergency rule will allow overfishing
but agrees that status determinations cannot be made for the four new
cod stocks prior to their addition to the FMP. National Standard 1
requires that
[[Page 47997]]
conservation and management measures prevent overfishing while
achieving, on a continuing basis, the optimum yield from each fishery.
The National Standard 1 guidelines codified at Sec. 600.315 provide
detailed information on how an FMP should meet these requirements. At
Sec. 600.310(e)(2)(i)(B), overfishing is defined as occurring when the
level of fishing mortality or total catch of a stock jeopardizes the
capacity of a stock or stock complex to produce maximum sustainable
yield (MSY) on a continuing basis. As explained in the emergency rule
published on May 2, 2025, and referenced in the response to comment 4,
NMFS set fishing year 2025 specifications for the existing GB cod and
GOM cod stocks based on an application of the Council-recommended four
Atlantic cod ABCs, which are based on the BSIA and reflect the
biological conditions of the four stocks. The quotas implemented by the
emergency rule represent a balance between preventing overfishing and
setting catch limits using scientific determinations based on four cod
biological stock units and operationally equivalent measures for two
cod biological stock units that are designed to reflect status quo
conditions to the extent practicable during the period this action is
in effect. The overall cod catch, when the Council's recommended four
cod U.S. ABCs for 2025 from Framework Adjustment 69 are combined and
allocated to GOM cod and GB cod, represents a 50-percent reduction in
cod quotas overall from the 2024 fishing year for the two cod stocks.
NMFS has determined that allowing fishing for one year at the
calculated levels will not jeopardize the potential for any stock of
Atlantic cod to produce MSY on a continuing basis. Future stock status
determinations, assessments, and Council actions will incorporate the
realized catch from 2025.
Calculation of the GB Haddock Quota
Comment 7: NSC and GFCPF argued that the U.S. ABC for GB haddock
should be revised upward. In their comment, they alleged that the 2025
U.S. ABC for GB haddock is not based on BSIA and is therefore illegal.
NSC and GFCPF raise concerns with the 2024 assessment of GB haddock on
two bases: (1) The determination of the proportion of haddock in the
Eastern and Western U.S. Canada Areas; and (2) a change made to the
assessment model that improved the model's diagnostics.
Response: As described in the emergency rule, to prevent
overfishing, NMFS set the 2025 U.S. ABC for GB haddock at 1,556 mt,
consistent with the Council's recommendation in Framework Adjustment
69. The Council's recommendation was based on a new stock assessment
completed in 2024. During its July 2024 review of that stock
assessment, the Council's SSC determined the approach used in that
assessment for spatial apportionment of biomass for domestic biomass
was both appropriate and consistent with the method for U.S.-Canada
resource sharing. The SSC provided several recommendations for future
consideration, including topics related to the spatial apportionment.
At its October 2024 meeting, the SSC recommended an OFL and total ABC
to the Council, as required by the National Standard 2 guidelines at
Sec. 600.315(c). The SSC also recommended that the Northeast Fisheries
Science Center should review the use of the log-normal adjustment in
the model, and develop a well-documented and consistent approach to its
application.
The National Standard 2 guidelines stipulate that the Council
cannot exceed the SSC's recommendations. Thus, the 2025 GB haddock U.S.
ABC implemented by the emergency rule is based on the BSIA and is
consistent with the Magnuson-Stevens Act.
Management Uncertainty Buffer
Comment 8: CLF agreed with retaining the uncertainty buffer for
sector allocations in the emergency rule. It commented that the
implementation of the emergency rule increases management uncertainty
around Atlantic cod. CLF also argued that staff reductions at NMFS and
the potential for funding shortfalls to reduce the at-sea monitoring
coverage of the fishery could also reduce the ability for NMFS to
effectively manage the fishery. In its comment, CLF urged NMFS to
maintain the uncertainty buffer in any future actions to address the
increased uncertainty and suggested NMFS could request that the Council
revisit the uncertainty buffers included in Framework Adjustment 69.
Response: NMFS agrees the uncertainty buffers for sectors should
remain in place during the period the emergency rule is in place.
However, NMFS disagrees that the Council should revisit the uncertainty
buffers included in Framework Adjustment 69. The FMP specifies, at
Sec. 648.90(a)(4)(i)(B), that the need for a management uncertainty
buffer for sector sub-ACLs will continue to be evaluated as part of
each Council specification action. The PDT is required to consider
whether the 100-percent monitoring coverage target supports a zero
percent buffer, or any other factor has a significant potential to
result in catches that could exceed ACLs, and will recommend an
appropriate management uncertainty buffer if necessary.
Recreational Measures
Comment 9: The SBCBA raised concerns about the effects of the
recreational cod measures implemented by the emergency rule. It
requested that NMFS consider a liberalization of the recreational
season or bag limit for GOM cod based on the cod catch that would have
occurred during an open season in May if the Council's recommended
recreational measures for WGOM had been implemented on May 1. It also
recommended that NMFS implement the GOM cod recreational measures in
statistical areas 521 and 526 (see Figure 1 in the May 2, 2025,
emergency rule), which are part of the old GB cod stock area, but would
be part of the new WGOM cod stock area. SBCBA also recommended that
NMFS consider different measures for private recreational vessels and
for the for-hire fleet (charter and party boats) to address their
business needs. One individual also suggested NMFS pilot a temporary,
adaptive, data-informed adjustment to the recreational possession limit
for Atlantic cod in 2025 to better reflect current conditions.
Response: NMFS disagrees. As explained in the emergency rule,
recreational catch of GB cod would contribute to catch in the State
Waters sub-component and the Other sub-component. The interim GB cod
sub-components implemented by the emergency rule, and extended in this
rule, are very low at a combined 47 mt (103,617 lb), which cannot
support a directed recreational cod fishery. Recreational cod catch
resulting from implementing the GOM cod recreational measures in
statistical areas 521 and 526 would count against the GB cod sub-
components. Prohibiting possession of GB cod by private recreational
vessels and for-hire recreational vessels is necessary to prevent
overfishing of GB cod.
Stakeholder Engagement
Comment 11: The individual's comment suggested that NMFS hold at
least one stakeholder consultation during 2025 to solicit public input
on possible changes to the emergency measures implemented by the
emergency rule. The commenter suggested this would provide an
opportunity to review field observations and stock data to make
potential mid-year adjustments.
Response: NMFS disagrees. The emergency rule published on May 2,
[[Page 47998]]
2025, solicited public comment through June 2, 2025. NMFS considered
all comments submitted on the emergency rule prior to making a decision
to extend the emergency measures through the end of the fishing year on
April 30, 2026. In this rule, NMFS has responded to each written
comment received. NMFS does not convene public meetings or input
sessions as a way to collect input on emergency rules or emergency rule
extensions.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this extension to the emergency rule is consistent with the
criteria and justifications for use of emergency measures in section
305(c) of the Magnuson-Stevens Act, and is consistent with the
Northeast Multispecies FMP, other provisions of the Magnuson-Stevens
Act, the Administrative Procedure Act (APA), and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest and would prevent the positive benefits
this rule is intended to provide. This emergency action is necessary to
relieve restrictions on the fishing industry and mitigate significant
economic harm, while also preventing overfishing as required by
statute.
Without additional action, the emergency measures implemented on
May 1, 2025, to set management measures for the groundfish fishery for
fishing year 2025 would end on October 28, 2025. This includes approval
of the groundfish sectors' operations plans. Groundfish sectors
constitute 96 percent of all commercial groundfish catch. Any delay in
this emergency extension would require all sector vessels to stop
fishing, unless and until a future rulemaking provided approval to
resume operation. Additionally, the original emergency rule provided 30
days for public comment on the emergency measures. Thus, prior notice
and opportunity for public comment for this extension rule would not
provide any additional benefit than already provided by the comment
opportunity provided by the May 2, 2025, publication. Further, prior
notice and opportunity of public comment for this extension of that
rule would not provide a benefit that would outweigh the need to avoid
unnecessary economic harm on groundfish vessels.
For the same reasons stated above (in the discussion of 5 U.S.C.
553(b)(B)) and the following additional reasons, NOAA also finds good
cause to waive the 30-day delay in the effective date, and implement
this action on October 29, 2025 (the day the original emergency would
have ended), pursuant to 5 U.S.C. 553(d)(3). This rule relieves
restrictions that would prevent sector fishery members from fishing.
Because vessels have already opted to operate in the sector system,
they would be legally barred from operating in the groundfish fishery
unless and until their sector's operations plan was approved.
Commercial fishing vessel and Federal dealer operations benefit from
both continuity and certainty. The sector fishery has operated for
fifteen years under the sector system that provides them with well-
known regulatory exemptions to restrictions that are provided by this
action. Vessels do not need time to prepare for the implementation of
this emergency rule, and instead need the immediate implementation of
these measures to authorize them to fish consistent with their
operations over the last 15 years.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from Office of Management and
Budget review. This is not a regulatory action pursuant to Executive
Order (E.O.) 14192. This emergency rule is exempt from the procedures
of the Regulatory Flexibility Act because the rule is issued without
opportunity for prior notice and opportunity for public comment.
This temporary rule for an emergency action contains no information
collection requirements under the Paperwork Reduction Act of 1995.
I have 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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 1, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-19459 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 3, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.