Proposed Rule2025-22340
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Proposed 2026 and Projected 2027 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries
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
December 9, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2026 and projects 2027 specifications for the summer flounder, scup, black sea bass, and bluefish fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and the Bluefish FMP require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications establish allowable harvest levels for these species that will prevent overfishing, consistent with the most recent scientific information.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 234 (Tuesday, December 9, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Proposed Rules]
[Pages 57018-57025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22340]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 251204-0177]
RIN 0648-BO09
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Proposed 2026
and Projected 2027 Specifications for the Summer Flounder, Scup, Black
Sea Bass, and Bluefish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2026 and projects 2027 specifications for the
summer flounder, scup, black sea bass, and bluefish fisheries. The
implementing regulations for the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP) and the Bluefish FMP require us to
publish specifications for the upcoming fishing year for each of these
species and to provide an opportunity for public comment. The proposed
specifications establish allowable harvest levels for these species
that will prevent overfishing, consistent with the most recent
scientific information.
DATES: Comments must be received on or before December 24, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0735">https://www.regulations.gov/docket/NOAA-NMFS-2025-0735</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0735, by
the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0735 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
An Environmental Assessment (EA) was prepared for the 2026-2027
summer flounder, scup, and black sea bass specifications, and a
Supplemental Information Report (SIR) was prepared for the 2026-2027
bluefish specifications. Copies of the EA and SIR 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. They are also accessible via the internet at: <a href="https://www.mafmc.org/supporting-documents">https://www.mafmc.org/supporting-documents</a>.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Policy Analyst,
(978) 281-9184, or <a href="/cdn-cgi/l/email-protection#771b160205165913121e101f1619371918161659101801"><span class="__cf_email__" data-cfemail="573b362225367933323e303f3639173938363679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council (Council), in
cooperation with the Atlantic States Marine Fisheries Commission
(Commission), develops management measures for the summer flounder,
scup, black sea bass, and bluefish fisheries. The Council, pursuant to
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), develops recommendations regarding fisheries in Federal
waters seaward of New York, New Jersey, Delaware, Pennsylvania,
Maryland, Virginia, and North Carolina. The Commission, pursuant to the
Atlantic Coastal Fisheries Cooperative Management Act, addresses
fisheries in State waters from Florida to Maine. These bodies work
together in the development of complementary FMPs for species including
summer flounder, scup, black sea bass, and bluefish that are harvested
in both Federal and State waters, and each year these bodies work
together to develop specifications for these fisheries. The Council
provides its recommendations to NMFS. Under the provisions of the
Magnuson-Stevens Act, on behalf of the Secretary of Commerce, the
Greater Atlantic Regional Fisheries Office's Regional Administrator
reviews proposed specifications for consistency with the FMP, plan
amendments, the Magnuson-Stevens Act and other applicable law. The
Regional Administrator is required to publish proposed regulations,
consistent with the Council's recommendations, with such technical
changes as may be necessary for clarity and an explanation of those
changes for public comment (section 304(b)(1)(A) of the Magnuson-
Stevens Act). After public comment, the Regional Administrator may
publish revisions to the proposed regulations along with an explanation
of any differences between the proposed and final regulations (section
304(b)(3) of the Magnuson-Stevens Act; 50 CFR 648.90(a)).
Specifications in these fisheries include stock-wide overfishing
limits (OFL) and acceptable biological catches (ABC), as well as
various catch and landing subdivisions, such as the commercial and
recreational sector annual catch limits (ACL), annual catch targets
(ACT), and sector-specific landing limits (i.e., the commercial fishery
quota and recreational harvest limit) established for 1 to 3 years at a
time. Adjustments to commercial management measures for all four
species and the recreational management measures for bluefish (i.e.,
minimum fish sizes, seasonal closures, and possession restrictions) are
also considered in the specifications process. The process for measures
used to manage the recreational summer flounder, scup, and black sea
bass fisheries occurs separately and is not discussed further in this
rule.
The Summer Flounder, Scup, and Black Sea Bass FMP and the Bluefish
FMP and their implementing regulations establish the process for
setting specifications for each of those four species. All requirements
of the Magnuson-Stevens Act, including the 10 National Standards, also
apply to specifications. The FMPs also contain formulas to divide the
specification catch limits into commercial and recreational fishery
allocations, State-by-State quotas, and quota periods, depending on the
species in question. This proposed rule outlines the application of the
existing allocation provisions for each species and provides the
resulting allocations, by State and sector, as appropriate, for each
species.
At a joint meeting in August 2025, the Commission's Summer
Flounder, Scup, and Black Sea Bass Boards and its Bluefish Board and
the Council recommended 2026 and projected 2027 summer flounder, scup,
black sea bass, and bluefish specifications. While the Boards' actions
were finalized at the
[[Page 57019]]
Commission and Council's August meeting, the Council's recommendations
must be reviewed by NMFS to ensure that they comply with the FMPs,
implementing regulations, and applicable law. NMFS must also conduct
notice and comment rulemaking to propose and implement the final
specifications.
This action proposes the ABCs, recreational and commercial ACLs,
recreational and commercial ACTs, commercial quotas and recreational
harvest limits for all four species, as recommended by the Boards and
Council. The Summer Flounder, Scup, and Black Sea Bass FMP and the
Bluefish FMP and their implementing regulations establish the process
for setting specifications for each of these species, including
formulas to divide the catch limits into commercial and recreational
fishery allocations, State-by-State quotas, and quota periods,
depending on the species. This proposed rule outlines the application
of the existing allocation provisions for each species and provides the
resulting preliminary allocations by State and sector, as appropriate,
for each species. NMFS will announce any adjustments to the 2026 catch
limits needed to account for any previous overages in the final rule
before the start of the 2026 fishing year.
This action also proposes increases to the recreational possession
limits in the bluefish fishery, as recommended by the Bluefish Board
and Council. Changes to summer flounder, scup, and black sea bass
recreational management measures are expected to be discussed at the
joint Commission and Council meeting in December and would be
implemented through a separate action. This action does not propose any
changes to the commercial management measures for any of the four
species.
Proposed 2026 and Projected 2027 Specifications
Summer Flounder Specifications
Consistent with the statutory scheme described above, NMFS is
proposing the Board and Council-recommended 2026 and 2027 (projected)
summer flounder catch and landings limits shown in table 1. This action
proposes a constant, averaged ABC of 30.01 million pounds (lb; 13,611
metric tons (mt)) for 2026 and 2027, consistent with the
recommendations of the Council, Board, and the Council's Scientific and
Statistical Committee (SSC). The ABCs are based on the OFL and the
applicable risk policy. During their August meeting, the Board and
Council discussed the tendency for large fluctuations in the summer
flounder stock, where reductions in the ABC by 25 percent or more have
been necessary in the years following an ABC set at or above 25 to 30
million lb (11,340 to 13,608 mt). In the past, some stakeholders have
expressed a preference for more stability, as large swings can create
planning and business challenges for both the commercial and the
recreational sectors. In addition, the projections reflect a recent
increase in recruitment in 2023 and 2024. However, summer flounder
recruit to the fishery after approximately 2-4 years, so the larger
2023- and 2024-year classes have not yet fully translated to fishable
biomass. Therefore, this action proposes a 12-percent management
uncertainty buffer applied to both the commercial and recreational ACLs
to provide more stable catch limits and allow the 2023 and 2024 year-
classes to recruit to the fishery. This results in 2026-2027 commercial
quotas of 12.78 million lb (5,797 mt) and recreational harvest limits
of 8.79 million lb (3,987 mt), which equate to 45-percent and 38-
percent increases, respectively, compared to 2025.
Table 1--Summary of Proposed 2026 and Projected 2027 Summer Flounder
Fishery Specifications
------------------------------------------------------------------------
Million pounds
Specifications (lb) Metric ton (mt)
------------------------------------------------------------------------
OFL.................................. (2026) 31.89 (2026) 14,466
(2027) 32.42 (2027) 14,705
ABC.................................. 30.01 13,611
Commercial ACL....................... 16.5 7,486
Commercial ACT....................... 14.52 6,585
Commercial dead discard estimate..... 1.74 790
Commercial Quota..................... 12.78 5,795
Recreational ACL..................... 13.5 6,125
Recreational ACT..................... 11.88 5,388
Recreational dead discard estimate... 3.09 1,401
Recreational Harvest Limit........... 8.79 3,987
------------------------------------------------------------------------
The 12-percent buffer results in a commercial quota and
recreational harvest limit equal to what the quota and recreational
harvest limit would have been using the 5-year average ABC from 2021 to
2025 and no buffers. Using the recent 5-year average was seen as a
reasonable approach to account for the uncertainty discussed above.
Applying a management uncertainty buffer to the commercial and
recreational ACLs is preferable to applying a scientific uncertainty
buffer to set a lower ABC that would result in lower ACLs and, thus,
lower triggers for the commercial and recreational accountability
measures.
The proposed initial 2026 and projected 2027 State-by-State summer
flounder quotas are provided in table 2. As required in amendment 21 to
the Summer Flounder, Scup, and Black Sea Bass FMP (85 FR 80661,
December 14, 2020), if the commercial quota in any year is higher than
9.55 million lb (4,332 mt), the first 9.55 million lb (4,322 mt) is
distributed according to the baseline formula, and any additional quota
beyond this threshold will be distributed in equal shares to all States
except Maine, Delaware, and New Hampshire, which would split 1 percent
of the additional quota. This year's quota is above the threshold, and
the State-by-State allocations below are based on the baseline and
additional allocations according to the process described in the summer
flounder regulations at Sec. 648.102(c)(1). Any previous overages may
result in adjustments to these proposed 2026 State quotas in the final
rule.
[[Page 57020]]
Table 2--Initial Proposed 2026 and Projected 2027 Summer Flounder State-
by-State Quotas
------------------------------------------------------------------------
Initial quotas \1\ Initial quotas \1\
State (lb) (kg)
------------------------------------------------------------------------
ME.............................. 15,284 6,933
NH.............................. 10,786 4,892
MA.............................. 1,050,545 476,519
RI.............................. 1,896,916 860,427
CT.............................. 614,742 278,842
NY.............................. 1,129,479 512,323
NJ.............................. 1,996,428 905,564
DE.............................. 12,441 5,643
MD.............................. 593,925 269,400
VA.............................. 2,434,942 1,104,471
NC.............................. 3,020,269 1,369,971
---------------------------------------
Total \2\................... 12,775,757 5,794,985
------------------------------------------------------------------------
\1\ Initial quotas do not account for any previous overages.
\2\ Totals may differ slightly from the sums of the quotas due to
rounding.
This action does not propose any changes to the current commercial
management measures, including the minimum fish size (14-inch (36-
centimeters (cm)) total length), gear requirements, and possession
limits. This action does not propose any changes to the recreational
management measures. Any such changes would take place through a
separate action.
Scup Specifications
The proposed 2026 and 2027 (projected) scup catch and landings
limits are shown in table 3, including ABCs of 42.09 million lb (19,091
mt) in 2026 and 37.01 million lb (16,788 mt) in 2027 consistent with
the recommendations of the Council, Board, and the SSC. The ABCs are
based on the OFL and the applicable risk policy. To ensure that the
probability of overfishing remained below 50 percent in each year, the
SSC recommended different ABCs for 2026 and 2027. This action proposes
commercial quotas of 17.7 million lb (8,029 mt) in 2026 and 15.57
million lb (7,060 mt) in 2027 and recreational harvest limits of 13.17
million lb (5,974 mt) in 2026 and 11.58 million lb (5,253 mt) in 2027,
consistent with the recommendation of the Board and Council.
Table 3--Summary of Proposed 2026 and 2027 Scup Specifications
----------------------------------------------------------------------------------------------------------------
2026 2027
Specifications ----------------------------------------------------------------
Million lb mt Million lb mt
----------------------------------------------------------------------------------------------------------------
OFL............................................ 42.98 19,494 37.79 17,142
ABC............................................ 42.09 19,091 37.01 16,788
Commercial ACL................................. 27.36 12,409 24.06 10,912
Commercial ACT................................. 27.36 12,409 24.06 10,912
Expected commercial dead discards.............. 9.66 4,380 8.49 3,852
Commercial quota............................... 17.7 8,029 15.57 7,060
Recreational ACL............................... 14.73 6,682 12.95 5,876
Recreational ACT............................... 14.73 6,682 12.95 5,876
Expected recreational dead discards............ 1.56 708 1.37 623
Recreational harvest limit..................... 13.17 5,974 11.58 5,253
----------------------------------------------------------------------------------------------------------------
The 2026 commercial quota represents a small decrease compared to
2025, despite the increased ABC, due to increasing commercial discards
in recent years. This decrease does not apply to the recreational
sector, and recreational discards have been relatively stable. The
lower ABC in 2027 results in lower catch limits for both the commercial
and recreational sectors in 2027. During their August meeting, the
Board and Council noted some concerns that projection models for
multiple species have recommended substantial decreases in OFLs and
ABCs when projecting 2 or more years out. The Board and Council
discussed the potential to revisit the 2027 scup specifications in
2026, but also noted that the commercial scup fishery has not been
constrained by catch limits in recent years, as landings have been
below 15 million lb (6,804 mt) since 2018.
This action would set the scup commercial quotas by quota period as
provided in table 4 and described in the scup regulations at Sec.
648.122(c)(1). If the Winter I quota is not fully harvested, the
remaining quota is transferred to Winter II, and the Winter II
possession limit may be adjusted via notice in the Federal Register,
per the regulations at Sec. 648.122(d).
Table 4--Proposed 2026 and Projected 2027 Commercial Scup Quotas by Quota Period
----------------------------------------------------------------------------------------------------------------
2026 2027
Quota period Percent share ----------------------------------------------------------------
Million lb mt Million lb mt
----------------------------------------------------------------------------------------------------------------
Winter I...................... 45.11 7.98 3,622 7.02 3,185
[[Page 57021]]
Summer........................ 38.95 6.89 3,127 6.06 2,750
Winter II..................... 15.94 2.82 1,280 2.48 1,125
---------------------------------------------------------------------------------
Total..................... 100.0 17.70 8,029 15.57 7,060
----------------------------------------------------------------------------------------------------------------
The current quota period possession limits are not changed by this
action and are outlined in table 5.
Table 5--Commercial Scup Possession Limits by Quota Period
----------------------------------------------------------------------------------------------------------------
Federal possession limits (per
trip)
Quota period Percent share ---------------------------------
lb kg
----------------------------------------------------------------------------------------------------------------
Winter I..................................................... 45.11 50,000 22,680
Summer....................................................... 38.95 N/A N/A
Winter II.................................................... 15.94 12,000 5,443
--------------------------------------------------
Total.................................................... 100 N/A N/A
----------------------------------------------------------------------------------------------------------------
The Winter I scup commercial possession limit is proposed to drop
to 1,000 lb (454 kg) when 80 percent of that period's allocation is
landed. If the Winter I quota is not fully harvested, the remaining
quota would be transferred to Winter II. The Winter II possession limit
may be adjusted (in association with a transfer of unused Winter I
quota to the Winter II period) via notice in the Federal Register. The
regulations specify that the Winter II possession limit would increase
to different levels consistent with any increase in the quota as
described in table 6.
Table 6--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession Rollover from Winter I to Winter II Increase in initial Winter II Final Winter II possession
limit ------------------------------------------------------- possession limit limit after rollover from
--------------------------------- --------------------------------- Winter I to Winter II
lb kg -------------------------------
lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
12,000 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123
12,000 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804
12,000 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484
12,000 5,443 * 2,000,000-2,500,000 907,185-1,133,981 6,000 2,722 18,000 8,165
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end here for
the purpose of this example.
This action does not propose any changes to commercial management
measures for scup, including the minimum fish size (9-inch (22.9-cm)
total length), gear requirements, and quota period possession limits.
As noted above, any potential changes to recreational management
measures would take place through a separate action after discussion at
a future Council and Commission meeting.
Black Sea Bass Specifications
The proposed 2026 and 2027 (projected) black sea bass catch and
landings limits are shown in table 7, including an ABC of 21.34 million
lb (9,679 mt), a commercial quota of 7.83 million lb (3,553 mt), and a
recreational harvest limit of 8.14 million lb (3,690 mt) in 2026 and
2027, consistent with the Board and Council's recommendations. These
proposed catch limits are based on an OFL and ABC using the terminal
year biomass and maximum fishing mortality threshold (MFMT) from the
assessment. The Council, the Board, and the SSC recommend this approach
due to persistent and substantial inconsistency between an assessment's
projected stock conditions and updated stock information from
subsequent black sea bass assessments. At its July 22-24, 2025,
meeting, the SSC expressed concerns that the issue persisted in the
2026 and 2027 projections. As a result, the SSC accepted the black sea
bass assessment but rejected the 2026 and 2027 projections, which would
have resulted in a small decrease for the 2026 ABC followed by a
substantial decrease for 2027 relative to 2025. The SSC recommends
using the terminal year biomass and MFMT as a reasonable alternative
approach to set the 2026-2027 ABCs. The Board and Council agreed, given
the current high biomass and that this approach had performed as well
as using the standard projection methodology when it was simulation-
tested during management strategy evaluations. The proposed catch
limits represent a 31-percent increase for the
[[Page 57022]]
commercial fishery and a 30-percent increase for the recreational
fishery relative to 2025.
Table 7--Summary of Proposed 2026 and Projected 2027 Black Sea Bass
Specifications
------------------------------------------------------------------------
2026-2027
Specifications -------------------------------
Million lb mt
------------------------------------------------------------------------
OFL..................................... 21.79 9,883
ABC..................................... 21.34 9,679
Commercial ACL.......................... 9.60 4,356
Commercial ACT.......................... 9.60 4,356
Expected commercial dead discards....... 1.77 803
Commercial quota........................ 7.83 3,553
Recreational ACL........................ 11.74 5,323
Recreational ACT........................ 11.74 5,323
Expected recreational dead discards..... 3.60 1,633
Recreational harvest limit.............. 8.14 3,690
------------------------------------------------------------------------
On October 1, 2024 (89 FR 79778), NMFS implemented amendment 23 to
the Summer Flounder, Scup, and Black Sea Bass FMP, which allows for an
in-season closure buffer of up to 5 percent, such that the black sea
bass commercial fishery would close when up to 105 percent of the quota
is projected to be landed. This buffer is intended to minimize negative
economic impacts when the coastwide quota is reached before all States
have fully harvested their Commission-based allocations due to overages
in individual States. Pursuant to the regulations at Sec.
648.142(a)(15), this action proposes a 5-percent commercial in-season
closure buffer for 2026 and projects the same for 2027, consistent with
the recommendations of the Board and Council. Given recent patterns in
the fishery, an in-season closure is not expected for 2025. In the
unlikely event it is needed, a 5-percent buffer could have
socioeconomic benefits with little risk to stock status.
This action proposes no changes to commercial management measures
for black sea bass. As noted above, any potential changes to black sea
bass recreational management measures would take place through a
separate action.
Bluefish Specifications
The proposed 2026 and 2027 (projected) bluefish catch and landings
limits are shown in table 8, including ABCs of 44.61 million lb (20,234
mt) in 2026 and 45.41 million lb (20,598 mt) in 2027, consistent with
the projections and the recommendations of the Council, the Board, and
the SSC. It proposes a 25-percent commercial management uncertainty
buffer applied to the commercial ACLs and a 30-percent recreational
management uncertainty buffer applied to the recreational ACLs. This
results in a proposed commercial quota of 4.66 million lb (2,114 mt) in
2026 and a projected commercial quota of 4.75 million lb (2,155 mt) in
2027, representing a 42-percent and 44-percent increase from 2025. It
results in a proposed recreational harvest limit of 22.02 million lb
(9,988 mt) in 2026 and a projected recreational harvest limit of 22.5
million lb (10,206 mt) in 2027, representing a 33-percent and 35-
percent increase from 2025.
Table 8--Summary of Proposed 2026 and Projected 2027 Bluefish Specifications
----------------------------------------------------------------------------------------------------------------
2026 2027
Specifications ----------------------------------------------------------------
Million lb mt Million lb mt
----------------------------------------------------------------------------------------------------------------
OFL............................................ 48.43 21,969 49.22 22,325
ABC............................................ 44.61 20,234 45.41 20,598
Commercial ACL................................. 6.25 2,833 6.36 2,884
Commercial ACT................................. 4.68 2,125 4.77 2,163
Expected commercial dead discards.............. 0.02 10 0.02 10
Commercial quota............................... 4.66 2,115 4.75 2,153
Recreational ACL............................... 38.36 17,401 39.05 17,714
Recreational ACT............................... 26.85 12,181 27.34 12,400
Expected recreational dead discards............ 4.84 2,194 4.84 2,194
Recreational harvest limit..................... 22.02 9,987 22.50 10,206
----------------------------------------------------------------------------------------------------------------
The Board and Council-recommended ABCs represent a more than 100-
percent increase from the 2025 ABC. During their August meeting, the
Board and Council had an in-depth discussion about management
uncertainty, particularly around the upcoming Marine Recreational
Information Program (MRIP) recalibration that is expected to be
available in 2026. Recent studies indicated that reporting bias may be
overestimating recreational fishing effort, which may require
recalibration of historical catch and effort estimates. Bluefish is
primarily a recreational fishery, and the recalibration is expected to
result in updated catch information, with downstream impacts on stock
assessments and catch limits. The Board and Council ultimately
recommended catch limits using the SSC-recommended ABCs; a higher, 25-
percent management uncertainty buffer for both sectors to reduce the
likelihood of large swings in the catch limits while the stock is still
rebuilding; and an additional 5-percent management uncertainty buffer
for the recreational
[[Page 57023]]
sector based on the uncertainty from the MRIP recalibration.
The coastwide commercial quota is allocated to coastal States from
Maine to Florida based on percent shares specified in the Bluefish FMP
and the regulations at Sec. 648.162(d). Table 9 provides the proposed
initial commercial State allocations based on the proposed coastwide
commercial quota for 2025 and the phased-in changes to the percent
share allocations to the States specified in amendment 7. We will
announce any adjustments needed to account for any previous overages in
the final rules prior to the start of the 2026 and 2027 fishing years.
Table 9--Proposed Initial 2026 and Projected 2027 Bluefish State Commercial Quota Allocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2026 2027
-------------------------------------------------------------------------------------
State Percent Quota \1\ Percent Quota \1\ Quota \1\
share (lb) Quota \1\ (lb) share (lb) (lb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine............................................................. 0.27 12,537 5,687 0.19 8,971 4,069
New Hampshire..................................................... 0.27 12,693 5,758 0.24 11,573 5,249
Massachusetts..................................................... 9.14 426,280 193,357 9.63 457,026 207,304
Rhode Island...................................................... 8.81 410,612 186,250 9.21 437,017 198,227
Connecticut....................................................... 1.14 53,069 24,072 1.11 52,814 23,956
New York.......................................................... 17.08 796,248 361,172 18.42 874,191 396,526
New Jersey........................................................ 14.12 658,379 298,636 13.98 663,697 301,048
Delaware.......................................................... 0.89 41,483 18,816 0.69 32,851 14,901
Maryland.......................................................... 2.23 103,833 47,098 2.07 98,358 44,614
Virginia.......................................................... 7.58 353,550 160,367 6.72 319,166 144,771
North Carolina.................................................... 32.04 1,493,521 677,450 32.03 1,520,292 689,593
South Carolina.................................................... 0.08 3,912 1,774 0.09 4,445 2,016
Georgia........................................................... 0.08 3,533 1,603 0.09 4,226 1,917
Florida........................................................... 6.29 293,118 132,956 5.53 262,611 119,118
-------------------------------------------------------------------------------------
Total \2\..................................................... 100 4,662,769 2,114,997 100 4,747,237 2,153,311
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Initial quotas do not account for any previous overages.
\2\ Totals may differ slightly from the sums of the quotas due to rounding.
This action proposes changes to the recreational bag limits, as
recommended by the Board and Council, based on the increased
recreational harvest limits and positive stock trajectory. It proposes
a 2-fish increase for both recreational sectors, resulting in a 7-fish
bag limit for the for-hire sector and a 5-fish bag limit for private
anglers. This action proposes no changes to the commercial management
measures for bluefish.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with the Summer Flounder, Scup, and Black
Sea Bass FMP, the Bluefish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment. NMFS is issuing this rule pursuant to sections
304(b)(1)(A) and 305(d) of the Magnuson-Stevens Act, which provide
specific authority for implementing this action. Section 304(b) of the
Magnuson-Stevens Act authorizes NMFS to implement rules and regulations
deemed necessary by the Council. In a previous action under section
304(b), the regulations at 50 CFR 648.102(c), 648.122(b), 648.142(b),
and 648.162(c) authorize NMFS to implement the summer flounder, scup,
black sea bass, and bluefish specifications under section 305(d).
This action has been determined to be not significant for purposes
of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The basis for the certification follows.
An evaluation of the potential socioeconomic impacts of the
proposed measures was conducted in conjunction with the 2026-2027
Summer Flounder, Scup, and Black Sea Bass Specifications EA and the
2026-2027 Bluefish Specifications SIR.
For the purposes of the Regulatory Flexibility Act, the regulated
entities (i.e., the small and large businesses) to which the rule
applies include fishing operations with relevant Federal commercial or
for-hire permits in the Greater Atlantic Region. Private recreational
anglers are not considered ``entities'' under the Regulatory
Flexibility Act; thus, economic impacts on private anglers are not
considered here. For-hire or commercial vessels that are permitted to
operate in State waters only will also be affected by the Commission's
adoption of this action, but are not considered in this analysis.
Vessel ownership data were used to identify all individuals who own
fishing vessels. Vessels were then grouped according to common owners.
The resulting groupings were then treated as entities or affiliates for
purposes of identifying small and large businesses that may be affected
by this action. Affiliates were identified as primarily commercial
fishing affiliates if the majority of their recent revenues came from
commercial fishing. Some of these affiliates may have also held party/
charter (i.e., for-hire) permits. Affiliates were identified as
primarily for-hire fishing affiliates if the majority of their recent
revenues came from for-hire fishing. Some of these affiliates may have
also held commercial permits. Affiliates were identified as small or
large businesses based on their recent average revenues.
A total of 633 primarily commercial affiliates were identified as
potentially impacted by the summer flounder, scup, and black sea bass
specifications, with 624 classified as small businesses and 9
classified as large businesses.
A total of 866 primarily commercial affiliates in the Greater
Atlantic Region were identified as potentially impacted by the bluefish
specifications, with 857 classified as small businesses and 9
classified as large businesses. The
[[Page 57024]]
affiliate database used to identify small/large business firms that
have recently participated in the bluefish fishery does not contain
detailed ownership data for business entities in the South Atlantic
Region. Data from South Atlantic Trip Ticket Reports indicate that up
to 645 additional commercial vessels in North Carolina and up to 371
vessels in Florida (none in South Carolina or Georgia) landed bluefish.
Double-counting is possible, as some of the vessels in the South
Atlantic may be associated with bluefish entities in the Greater
Atlantic Region. Additionally, some Greater Atlantic Region entities
may hold permits for summer flounder, scup, and/or black sea bass and
bluefish.
According to the ownership database, 426 for-hire affiliate firms
in the Greater Atlantic Region generated revenues from fishing
recreationally for various species during the 2022-2024 period. All of
these affiliates are categorized as small businesses. It is not
possible to derive what proportion of the overall revenues for these
for-hire firms came from specific fishing activities (e.g., bluefish,
summer flounder, scup, black sea bass, groundfish, golden tilefish,
weakfish, striped bass, tautog, and pelagics).
Expected Impacts on Commercial Entities
For summer flounder, scup, and black sea bass, the 9 potentially
impacted primarily commercial large business affiliates derived less
than 2 percent of total annual revenues from summer flounder, scup,
and/or black sea bass during 2020-2024. The 624 potentially impacted
primarily commercial small business affiliates derived approximately 17
percent of total revenues from summer flounder, scup, and/or black sea
bass during 2020-2024. Some individual businesses, including many of
the smaller of the small commercial businesses, tended to have a
greater reliance on summer flounder, scup, and/or black sea bass.
Therefore, these businesses may feel the positive and/or negative
impacts of this action to a greater extent than the larger small
businesses.
The proposed 2026 and 2027 summer flounder commercial quotas
represent an increase compared to those of 2024 and 2025 but are
similar to those previously implemented from 2019 to 2023. The proposed
quotas are expected to result in similar commercial effort and
landings, and thus revenues, compared to recent levels, assuming other
factors such as prices and market demand remain similar to recent
conditions. Therefore, this proposed rule is expected to result in a
slight to moderate positive socioeconomic impact for commercial summer
flounder fishery participants.
The proposed 2026 and 2027 scup commercial quotas represent a
decrease compared to 2024 and 2025. However, commercial scup landings
have been below the commercial quota in recent years and appear to be
influenced more by market factors than by the commercial quota.
Therefore, the quotas are expected to result in similar or slightly
increased commercial scup landings and revenues compared to recent
years. The quotas are expected to result in slight positive
socioeconomic impacts, assuming other factors such as prices and market
demand remain similar to recent conditions.
The proposed 2026-2027 commercial black sea bass quota is higher
than black sea bass commercial landings throughout the history of
management, which could result in substantially higher landings.
However, other factors, such as market demand and price, appear to
limit commercial landings more than the quota. Commercial landings have
not approached the quota since it increased by about 59 percent in
2020. Landings are not expected to reach the full proposed quota if
other factors, such as prices and market demand, remain unchanged.
Therefore, the proposed commercial black sea bass quota is expected to
result in slight to moderate positive socioeconomic impacts.
For bluefish in the Greater Atlantic Region, 271 small entities and
4 large entities landed bluefish in 2022-2024, with bluefish
contributing an average of 0.21 percent and 0.05 percent, respectively,
to their total gross revenues. Therefore, the overall contribution of
bluefish to total gross receipts for these entities is small. There
were an additional 576 small entities and 5 large entities with
bluefish permits that did not land bluefish in 2022-2024. The 3-year
average contribution of bluefish revenues to total gross revenues for
the vessels that landed bluefish in North Carolina and Florida was 11
percent and 6 percent, respectively. The proposed 2026 and 2027
bluefish commercial quotas represent a more than 40-percent increase
compared to 2025. However, commercial landings since the rebuilding
plan started (2022-2024) have been, on average, 33 percent below the
commercial quota. Harvest has been driven more by market demand and
availability, which are not expected to substantially change in the
short term. Therefore, the proposed commercial quota is expected to
result in slight negative to slight positive socioeconomic impacts.
Expected Impacts on Recreational For-Hire Entities
The 426 for-hire fishing affiliates that are potentially impacted
by this action were all categorized as small businesses and had average
total annual revenues of $118,555 from 2020 to 2024. Their annual
revenues from recreational for-hire fishing (for a variety of species)
averaged $117,828. Average annual revenues from for-hire fishing ranged
from less than $10,000 for 159 affiliates to over $1,000,000 for 7
affiliates. On average, recreational fishing accounted for 96 percent
of the total revenues for these 426 small businesses. As previously
stated, it is not possible to derive what proportion of the for-hire
revenues came from fishing activities for an individual species.
Nevertheless, given the popularity of summer flounder, scup, black sea
bass, and bluefish as recreational species, revenues generated from
these species are likely important to many of these businesses, at
least at certain times of the year. For-hire revenues are impacted by a
variety of factors, including regulations and demand for for-hire trips
for summer flounder, scup, black sea bass, bluefish, and other
potential target species; weather; and the economy.
For summer flounder, scup, and black sea bass, Federal recreational
measures for 2026-2027 will be recommended by the Board and Council in
December 2025 and addressed through a separate rulemaking. It is
expected that, as required by framework 19 to the Summer Flounder,
Scup, and Black Sea Bass FMP (which has not yet been finalized),
recreational measures will be set using the Percent Change Approach.
(Framework 19 was approved by the Council at its April 2025 meeting and
submitted to NMFS in August 2025. This action must go through a Federal
rulemaking process consistent with the Magnuson-Stevens Act and
Administrative Procedure Act prior to its use for the development of
recreational measures for summer flounder, scup, and black sea bass.)
Under this approach, the recreational harvest limit is one of multiple
factors used to determine if the recreational measures should be
modified to achieve a certain percentage liberalization, reduction, or
``no liberalization or reduction'' (i.e., status quo measures) in
harvest. If Framework 19 is not approved, recreational measures will be
set based on a method that requires adjustments to bag, season, and/or
size limits if projected current year harvest
[[Page 57025]]
exceeds the next year's recreational harvest limit. The analysis to
determine the necessary changes will be carried out later in 2025, and
it is not possible to predict how recreational harvest will change at
this time.
For summer flounder, the proposed recreational harvest limit is 10
percent greater than the average 2020-2024 recreational landings.
Therefore, the Percent Change Approach could result in no
liberalization or reduction or a reduction of up to 40 percent.
Requiring no liberalization or reduction would generally result in a
similar number of for-hire trips and revenue relative to recent years.
If a reduction were required, it would likely be small given recent
patterns in recreational harvest compared to the preferred recreational
harvest limit and would likely result in a small decrease in for-hire
trips and revenue. Therefore, the range of socioeconomic impacts of the
proposed recreational harvest limits could be slight positive or slight
negative, depending on the outcome of the Percent Change Approach.
For scup and black sea bass, the recreational harvest limits could
result in no liberalization or reduction or a liberalization of up to
40 percent. Requiring no liberalization or reduction would generally
result in a similar number of for-hire trips and revenue as in recent
years. However, liberalizing measures could result in an increase in
for-hire trips and revenues and slight to moderate positive impacts for
recreational for-hire businesses.
For bluefish, the proposed 2026 and 2027 recreational harvest
limits are over 50 percent higher than the current recreational harvest
limit. However, recreational landings have been 13 percent below the
recreational harvest limit, on average, in recent years. Industry
members on the Bluefish Advisory Panel indicate that low inshore
availability is keeping recreational landings down, as migratory
patterns of bluefish have changed from inshore to offshore in the last
decade or so. Therefore, the proposed recreational harvest limits are
not expected to significantly affect fishing effort. This action would
also increase the for-hire bag limit from five to seven fish, which
could result in a small increase in the number of for-hire recreational
trips (approximately 4.8 percent). However, given trends in low inshore
bluefish availability, this increase may not materialize. Overall, the
2026-2027 bluefish recreational measures are expected to result in
slight negative to slight positive socioeconomic impacts.
Additional non-preferred alternatives were also considered. When
considering the economic impacts of the alternatives under the
Regulatory Flexibility Act, consideration should also be given to those
non-preferred alternatives that would result in higher net benefits or
lower costs to small entities while still achieving the stated
objective of the action. The proposed specifications follow the
recommendations of the SSC and Monitoring Committee, are consistent
with the applicable risk policy, and are based on the updated stock
assessments and the best scientific information available. Alternatives
that would be expected to have higher net benefits to small entities
compared to the preferred alternatives would also allow for catches
that exceed the ABCs recommended by the SSC. These alternatives could
induce overfishing and lead to lower long-term revenues and profits.
Therefore, they are inconsistent with the goals of this action, the
FMPs, and other applicable laws.
This action is not expected to adversely impact revenues for
commercial and recreational vessels that fish for summer flounder,
scup, black sea bass, and bluefish. Because this proposed rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities, an initial regulatory flexibility analysis is
not required, and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 4, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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. In Sec. 648.164, revise paragraphs (a)(1) and (2) to read as
follows:
Sec. 648.164 Bluefish possession restrictions.
(a) * * *
(1) Private recreational vessels. Any person fishing on board a
vessel that is not fishing under a bluefish commercial or charter/party
vessel permit issued pursuant to Sec. 648.4(a)(8) may land up to five
bluefish per day.
(2) For-hire vessels. Anglers fishing on board a for-hire vessel
that is fishing under a bluefish charter/party vessel permit issued
pursuant to Sec. 648.4(a)(8) may land up to seven bluefish per person
per day.
* * * * *
[FR Doc. 2025-22340 Filed 12-8-25; 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 December 9, 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.