Rule2025-23796

Fisheries of the Northeastern United States; 2026 Atlantic Herring Fishery Specifications

Primary source

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Published
December 23, 2025
Effective
December 31, 2026

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS is finalizing the 2026 Atlantic herring specifications and river herring and shad catch caps for the Atlantic herring fishery. This action is necessary to implement previously projected 2026 Atlantic herring specifications, including the river herring and shad catch caps. This action is intended to achieve the objectives of the Atlantic Herring Fishery Management Plan, including preventing overfishing, helping rebuild an overfished stock, and achieving optimum yield on a continuing basis.

Full Text

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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 60021-60022]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 251208-0181; RTID 0648-XF413]


Fisheries of the Northeastern United States; 2026 Atlantic 
Herring Fishery Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason.

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SUMMARY: NMFS is finalizing the 2026 Atlantic herring specifications 
and river herring and shad catch caps for the Atlantic herring fishery. 
This action is necessary to implement previously projected 2026 
Atlantic herring specifications, including the river herring and shad 
catch caps. This action is intended to achieve the objectives of the 
Atlantic Herring Fishery Management Plan, including preventing 
overfishing, helping rebuild an overfished stock, and achieving optimum 
yield on a continuing basis.

DATES: The 2026 specifications for the Atlantic herring fishery are 
effective from January 1 through December 31, 2026.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, 978-281-9272.

SUPPLEMENTARY INFORMATION: NMFS and the New England Fishery Management 
Council (Council) manage the Atlantic herring fishery pursuant to the 
Atlantic Herring Fishery Management Plan. Regulations at 50 CFR 648.200 
require the Council to recommend herring specifications for NMFS's 
approval and provide the Council with the discretion to recommend river 
herring and shad catch caps as part of the specifications. Prior to the 
start of 2026, the Council recommended herring specifications and river 
herring and shad catch caps for 2026. On December 11, 2025, NMFS 
published a final rule (90 FR 57376) setting the Council-recommended 
2025 herring specifications and projecting the 2026-2027 herring 
specifications.
    At the end of each fishing year, NMFS evaluates catch information 
to determine if there were catch overages or unharvested catch compared 
to the annual catch limit (ACL) or the sub-ACLs for the herring 
management areas. If catch exceeds a sub-ACL or the ACL, regulations at 
Sec.  648.201(a)(3) may require a sub-ACL or ACL deduction in a 
subsequent year. Additionally, regulations at Sec.  648.201(g)(2) 
prohibit the carryover of unharvested catch to 2026.
    NMFS reviewed 2024 fishery information against the projected 2026 
herring specifications. There were no catch overages, nor is there any 
new biological information that would require altering the projected 
2026 specifications published in December 2025. Based on this 
information, NMFS is finalizing the 2026 herring specifications, 
including the river herring and shad catch caps, as projected in the 
December 2025 final rule and outlined below in tables 1 and 2. These 
2026 herring fishery specifications are expected to prevent 
overfishing, help rebuild an overfished stock, and achieve optimum 
yield on a continuing basis. NMFS will provide notice of the final 2027 
herring fishery specifications, and any necessary adjustments, prior to 
the start of 2027.

[[Page 60022]]



              Table 1--2026 Atlantic Herring Specifications
------------------------------------------------------------------------
                                                  Amount in metric tons
                Specifications                            (mt)
------------------------------------------------------------------------
Overfishing Limit.............................                    23,491
Acceptable Biological Catch...................                    13,165
Management Uncertainty........................                     4,031
Annual Catch Limit/Optimum Yield..............                     9,134
Domestic Annual Harvest.......................                     9,134
Border Transfer...............................                         0
Domestic Annual Processing....................                     9,134
US At-Sea Processing..........................                         0
Area 1A Sub-ACL (28.9%).......................                     2,640
Area 1B Sub-ACL (4.3%)........................                       393
Area 2 Sub-ACL (27.8%)........................                     2,539
Area 3 Sub-ACL (39%)..........................                     3,562
Fixed Gear Set-Aside..........................                        30
Research Set-Aside............................                        0%
------------------------------------------------------------------------
If New Brunswick weir landings are less than 2,600 mt through October 1,
  then 1,000 mt will be subtracted from the management uncertainty and
  reallocated to the Area 1A sub-ACL and the ACL.


             Table 2--2026 River Herring and Shad Catch Caps
------------------------------------------------------------------------
                                                  Amount in metric tons
                   Catch cap                              (mt)
------------------------------------------------------------------------
Gulf of Maine Midwater Trawl..................                      76.7
Cape Cod Midwater Trawl.......................                      32.4
Southern New England Midwater Trawl...........                     129.6
Southern New England Bottom Trawl.............                     122.3
------------------------------------------------------------------------

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on this notice because it would be unnecessary and 
contrary to the public interest. The proposed rule for the 2025-2027 
herring specifications (90 FR 26955; June 25, 2025), pursuant to the 
process described in the herring regulations (Sec.  648.200), provided 
the public with the opportunity to comment on the specifications, 
including the projected 2026 specifications and river herring and shad 
catch caps. None of the comments on the proposed 2025-2027 herring 
specifications resulted in any substantive changes in the final rule 
setting the 2025 specifications and projecting the 2026-2027 
specifications. This action simply finalizes the projected 2026 
specifications, as described in both the proposed and final rules, 
without changes as the proposed and final rules for the 2025-2027 
herring specifications provided a full opportunity for the public to 
comment on the projected 2026 specifications and the substance and 
process of this action. Additionally, the 2026 ACL (9,134 mt) is 64 
percent higher than the current, adjusted 2025 ACL (5,556 mt), 
providing additional economic opportunity for the vessels participating 
in the herring fishery. If implementation of this action is delayed 
beyond the start of the fishing year on January 1, 2026, to solicit 
public comment, it may result in a negative economic impact on the 
herring fishing industry. Based on these considerations, NMFS further 
finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 30-day 
delayed effectiveness period for the reasons stated above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 19, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2025-23796 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on December 23, 2025.

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