Rule2026-03295
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; 2026 and Projected 2027 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries
Primary source
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Published
February 19, 2026
Effective
February 19, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces 2026 specifications 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 respond to public comments received during the public comment period. The specifications for these species are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information, for the 2026 fishing year.
Full Text
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<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
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[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7896-7903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260209-0039]
RIN 0648-BO09
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; 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: Final rule.
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SUMMARY: NMFS announces 2026 specifications 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 respond to public
comments received during the public comment period. The specifications
for these species are intended to establish allowable harvest levels
that will prevent overfishing, consistent with the most recent
scientific information, for the 2026 fishing year.
DATES: Effective February 19, 2026, through December 31, 2026.
ADDRESSES: 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#523e332720337c36373b353a333c123c3d33337c353d24"><span class="__cf_email__" data-cfemail="2945485c5b48074d4c404e4148476947464848074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council (Council), in
[[Page 7897]]
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, and NMFS engages in a Federal
rulemaking process by which the agency adopts specifications that
become binding on the Federal fisheries. Specifications in these
Federal 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 (RHL)) 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.
This action implements the 2026 and projects the 2027 ABCs,
recreational and commercial ACLs, recreational and commercial ACTs,
commercial quotas, and RHLs for all four species. Any fish caught since
January 1, 2026, 50 CFR 648.2, will apply to the 2026 specifications
included in this action in accordance with 50 CFR 648.103, 648.123,
648.143, and 648.163. This action also implements increases to the
recreational possession limits in the bluefish fishery. Changes to
summer flounder, scup, and black sea bass recreational management
measures were discussed at the joint Council and Commission meeting in
December and will be implemented through a separate action.
This action does not implement any changes to the commercial
management measures for any of the four species.
Final 2026 and Projected 2027 Specifications
Summer Flounder Specifications
This action adopts the Council and the Commission's Summer Flounder
Board-recommended 2026 summer flounder catch and landings limits shown
in table 1. The summer flounder specifications are based on the OFLs
and a constant, averaged 2026-2027 ABC from the 2025 management track
assessment and 12-percent commercial and recreational management
uncertainty buffers. These management uncertainty buffers are intended
to support greater stability in the catch limits and to allow for the
larger 2023- and 2024-year classes to recruit to the fishery. This
results in 2026 and projected 2027 commercial quotas of 12.78 million
pounds (lb; 5,795 metric tons (mt)) and RHLs of 8.79 million lb (3,987
mt), representing 45-percent and 38-percent increases, respectively,
compared to 2025.
Table 1--Summary of the 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
RHL............................... 8.79 3,987
------------------------------------------------------------------------
This action sets the final summer flounder State-by-State
commercial quotas for 2026 (table 2). According to the process
described in the summer flounder regulations at Sec. 648.102(c)(1),
these State-specific quotas take into account any overages that
occurred during the previous (2024) fishing year that were previously
unaccounted for and overages in the current (2025) fishing year through
October 31, 2025.
Table 2--Final 2026 Summer Flounder State-by-State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
Final quotas Final quotas \1\
State Initial share \1\ (lb) (kg)
----------------------------------------------------------------------------------------------------------------
Maine....................................................... 0.12 15,283 6,932
New Hampshire............................................... 0.08 10,785 4,892
Massachusetts............................................... 8.22 1,040,403 471,919
Rhode Island................................................ 14.85 1,896,868 860,405
Connecticut................................................. 4.81 614,695 278,821
New York.................................................... 8.84 1,129,431 512,301
New Jersey.................................................. 15.63 1,996,380 905,543
Delaware.................................................... 0.10 12,440 5,642
Maryland.................................................... 4.65 593,878 269,378
Virginia.................................................... 19.06 2,434,894 1,104,449
[[Page 7898]]
North Carolina.............................................. 23.64 3,020,221 1,369,949
---------------------------------------------------
Total................................................... 100.00 12,765,277 5,794,826
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\1\ Totals may differ slightly from the sums of the quotas due to rounding.
This action does not include 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 include any changes to the recreational
management measures. Any changes to the recreational management
measures would take place through a separate action.
Scup Specifications
This action adopts the Council and the Commission's Scup Board-
recommended 2026 scup catch and landings limits shown in table 3. The
scup specifications are based on the OFLs and ABCs from the 2025
management track assessment projections and no management uncertainty
buffers. This results in commercial quotas of 17.70 million lb (8,029
mt) in 2026 and 15.57 million lb (7,060 mt) in 2027 and RHLs of 13.17
million lb (5,972 mt) in 2026 and 11.58 million lb (5,251 mt) in 2027,
consistent with the recommendations of the Council and Board.
Table 3--Summary of the 2026 and Projected 2027 Scup Specifications
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2026 2027
Specifications ---------------------------------------------------------
Million lb mt Million lb mt
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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................... 1.57 710 1.38 624
RHL................................................... 13.17 5,972 11.58 5,251
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The final specifications include adjustments required by scup
accountability measures based on available catch data, as specified in
the regulations. Current data indicate that the 3-year average
recreational scup catch exceeds the 3-year average recreational scup
ACL. Because biomass is above the target, the current regulations
require adjustments to the recreational management measures, taking
into account the performance of the measures and conditions that
precipitated the overage. Any such changes would be made during the
rulemaking for the 2026 and 2027 scup recreational management measures.
The Council has recommended changes to the recreational accountability
measures in Framework Adjustment 19 to the Summer Flounder, Scup, and
Black Sea Bass FMP. Should the changes proposed in Framework 19 be
implemented prior to the rulemaking for the 2026 and 2027 recreational
measures, a response to the scup recreational ACL overage would not be
required. No other scup accountability measures were triggered based on
current data.
This action sets the scup commercial quotas by quota period,
provided in table 4, as described in the scup regulations at Sec.
648.122(c)(1).
Table 4--2026 Commercial Scup Quotas by Quota Period
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Quota period Percent share Million lb mt
----------------------------------------------------------------------------------------------------------------
Winter I..................................................... 45.11 7.98 3,622
Summer....................................................... 38.95 6.89 3,127
Winter II.................................................... 15.94 2.82 1,280
--------------------------------------------------
Total.................................................... 100.0 17.70 8,029
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The current quota period possession limits are not changed by this
action and are outlined in table 5.
[[Page 7899]]
Table 5--2026 Commercial Scup Possession Limits by Quota Period
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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
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The Winter I scup commercial possession limit would drop to 1,000
lb (454 kg) if 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
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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
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* 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 include 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.
Black Sea Bass Specifications
This action adopts the Council and the Commission's Black Sea Bass
Board-recommended 2026 black sea bass catch and landings limits shown
in table 7. The black sea bass specifications are based on an OFL and
ABC using the terminal year biomass and maximum fishing mortality
threshold (MFMT) from the 2025 management track assessment and no
management uncertainty buffers. The Council, the Board, and the
Scientific and Statistical Committee (SSC) recommended an alternative
approach to set the OFL and ABC due to concerns regarding the 2025
assessment's projected stock conditions and that this approach had
performed as well as using the standard projection methodology when it
was simulation-tested during management strategy evaluations. The
alternative approach results in commercial quotas of 7.83 million lb
(3,553 mt) and RHLs of 8.14 million lb (3,691 mt) in 2026 and 2027, a
31-percent increase and a 30-percent increase, respectively, relative
to 2025. The black sea bass specifications also include a 5-percent
commercial in-season closure buffer in 2026 and 2027, as provided for
in the regulations at Sec. 648.142(a)(15) and recommended by the
Council and Board. Given recent patterns in the fishery, an in-season
closure is not expected for 2026 or 2027. In the unlikely event it is
needed, a 5-percent buffer could have socioeconomic benefits with
little risk to stock status.
Table 7--Summary of the 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.................... 9.6 4,356
Commercial ACT.................... 9.6 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 3.60 1,633
discards.........................
[[Page 7900]]
RHL............................... 8.14 3,691
------------------------------------------------------------------------
These final specifications include adjustments required by the
black sea bass accountability measures based on available catch data,
as specified in the regulations. Current data indicate that the 3-year
average recreational black sea bass catch exceeded the 3-year average
recreational black sea bass ACL. Because biomass is above the target,
the current regulations require adjustments to the recreational
management measures, taking into account the performance of the
measures and conditions that precipitated the overage. Any such changes
would be made during the rulemaking for the 2026 and 2027 black sea
bass recreational management measures. As described for scup above,
should the changes proposed in Framework 19 be implemented prior to the
rulemaking for the 2026 and 2027 recreational measures, a response to
the black sea bass recreational ACL overages would not be required. No
other black sea bass accountability measures were triggered based on
current data.
This action includes no changes to commercial management measures
for black sea bass, including the commercial minimum fish size (11-inch
(27.94-cm) total length) and gear requirements. As noted above, any
potential changes to black sea bass recreational management measures
would take place through a separate action.
Bluefish Specifications
This action adopts the Council and the Commission's Bluefish Board-
recommended 2026 bluefish catch and landings limits shown in table 8.
The bluefish stock remains under a rebuilding program that started in
2022. The 2025 management track assessment projected that the stock
will reach the rebuilding target in 2025. However, the stock will not
be considered rebuilt until a future stock assessment determines the
rebuilding target has been achieved.
The bluefish specifications are based on the OFLs and ABCs from the
2025 assessment projections, a 25-percent commercial management
uncertainty buffer, and a 30-percent recreational management
uncertainty buffer. The management uncertainty buffers are intended to
reduce the likelihood of large swings in the catch limits while the
stock is still rebuilding and to account for the uncertainty from the
upcoming Marine Recreational Information Program recalibration, as
bluefish is primarily a recreational species. The final specifications
include adjustments required by the bluefish accountability measures
based on available catch data, as specified in the regulations. Current
data indicate the bluefish recreational ACL was exceeded by 1.68
million lb (763 mt) in 2024. Because the fishery is under a rebuilding
plan, the bluefish accountability measures at Sec. 648.163(d)(1)
require payback of recreational ACL overages as soon as practicable,
and the final 2026 bluefish specifications make this adjustment in 2026
(included in table 8). This results in commercial quotas of 4.66
million lb (2,115 mt) in 2026 and 4.75 million lb (2,153 mt) in 2027,
representing a 54-percent and a 57-percent increase from 2025. It also
results in RHLs of 20.34 million lb (9,224 mt) in 2026 and 22.50
million lb (10,206 mt) in 2027, representing a 30-percent and a 43-
percent increase from 2025. Aside from the State commercial quota
overages, described below, no other bluefish accountability measures
were triggered based on current data.
Table 8--Summary of the 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 accountability measures.................. 1.68 763 0 0
Recreational ACT...................................... 25.17 11,418 27.34 12,400
Expected recreational dead discards................... 4.84 2,194 4.84 2,194
RHL................................................... 20.34 9,224 22.50 10,206
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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). The final State commercial
bluefish quotas provided in table 9 take into account overages that
occurred during the 2024 fishing year.
Table 9--Final 2026 Bluefish State Commercial Quota Allocations
----------------------------------------------------------------------------------------------------------------
Final quota \1\ Final quota \1\
State Initial share (lb) (kg)
----------------------------------------------------------------------------------------------------------------
Maine....................................................... 0.27 12,537 5,687
[[Page 7901]]
New Hampshire............................................... 0.27 12,693 5,758
Massachusetts............................................... 9.14 426,280 193,357
Rhode Island................................................ 8.81 410,612 186,250
Connecticut................................................. 1.14 45,220 20,511
New York.................................................... 17.08 796,248 361,172
New Jersey.................................................. 14.12 658,379 298,636
Delaware.................................................... 0.89 41,483 18,816
Maryland.................................................... 2.23 103,833 47,098
Virginia.................................................... 7.58 284,457 129,027
North Carolina.............................................. 32.04 1,493,521 677,450
South Carolina.............................................. 0.08 3,912 1,774
Georgia..................................................... 0.08 3,533 1,603
Florida..................................................... 6.29 293,118 132,956
---------------------------------------------------
Total................................................... 100 4,585,827 2,080,096
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\1\ Totals may differ slightly from the sums of the quotas due to rounding.
This action increases the bluefish recreational bag limits, as
recommended by the Council and Board, based on the increased RHLs 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 does not
include any changes to the commercial management measures for bluefish.
Comments and Responses
The public comment period for the proposed rule ended on December
24, 2025. We received six comments on the proposed rule. No changes to
the final rule are necessary as a result of these comments. Three
commenters expressed general support for the 2026 and projected 2027
specifications. We agree and are implementing the 2026 and projected
2027 specifications as proposed, and a more detailed response is not
provided. One of the commenters who supported the proposed rule also
suggested that rules such as this one, supporting sustainable
fisheries, be expanded to include other species. The management of
other species is not germane to this action, and no further response is
provided on this topic. Another comment focused on illegal, unreported,
and unregulated fishing and wind development. The comment is not
relevant to the current action, and no further response is provided.
Stricter Regulations and Improvements to the Magnuson-Stevens Act
Comment 1: One commenter summarized the rule as sustaining stricter
regulations on the relevant species and providing adjustments to the
Magnuson-Stevens Act to improve it.
Response: The majority of catch limits contained in this rule will
increase based on the best scientific information currently available.
The rule does not make changes to the Magnuson-Stevens Act, but adjusts
catch limits and management measures under existing authority provided
in the Magnuson-Stevens Act.
Accessibility of Information
Comment 2: One commenter suggested that this rule would be improved
by making the information in the rule more accessible to the general
public, particularly when permits are issued, which would help reduce
recreational fishing violations.
Response: Information on fisheries catch limits and management
measures is provided through multiple venues to increase the
accessibility of information to interested parties. The proposed rule
for this action was published in the Federal Register and included an
opportunity for public comment, in accordance with the Administrative
Procedure Act (APA). This final rule is also published in the Federal
Register in accordance with the APA, which makes it publicly available.
Information about the proposed rule and comment period was also
provided in a web bulletin on the NMFS website and sent to summer
flounder, scup, black sea bass, and bluefish stakeholders, including
all permit holders, via an email bulletin. The web bulletin will be
updated with information about the final rule, and NMFS will send
another email bulletin summarizing the final rule. Once the final
specifications are effective, relevant pages on the NMFS website (e.g.,
species-specific pages) will be updated with information on the current
catch limits and management measures. In addition, the Code of Federal
Regulations will be updated to reflect changes made to Federal
regulations.
Transparency and Equity
Comment 3: One recreational angler expressed concerns that the use
of the MFMT and terminal year biomass to set the black sea bass
specifications results in reduced transparency about long-term
sustainability and that the practical effect of this approach is to
defer recreational liberalization. The commenter suggested that the
rule should clarify how and when the increased RHL will be reflected in
liberalized recreational measures. The commenter also expressed concern
that the application of the 5-percent in-season closure buffer for the
commercial sector contrasts with rigid limits that do not include
opportunities for adjustment in the recreational sector, resulting in a
lack of equity. The commenter suggested that the Council and Commission
should explore ways to promote recreational liberalization and
fairness.
Response: The commenter did not provide further explanation why the
use of MFMT and terminal year biomass in place of the standard
projections decreases transparency, and the SSC and Council developed
the recommended specifications through public processes. Both
approaches rely on the data and analysis in the most recent black sea
bass management track assessment. As noted in the proposed rule, the
use of MFMT and terminal year biomass to set the 2026 and projected
2027 black sea bass specifications was recommended due to persistent
and substantial inconsistency between previous assessments' projected
stock conditions and updated stock information from subsequent black
sea
[[Page 7902]]
bass assessments. In general, projection models for species well above
their biomass targets have recommended substantial decreases in OFLs
and ABCs when projecting 2 or more years out because fishing mortality
(F) is assumed to equal fishing mortality at maximum sustainable yield
(F<INF>MSY</INF>), resulting in biomass declining towards the biomass
target. This trend was present in the 2026 and 2027 black sea bass
assessment projections, despite the 2025 management track assessment
indicating F was only 73 percent of F<INF>MSY in</INF> 2024. The
assessment projections would have resulted in a small decrease for the
2026 ABC followed by a substantial decrease for 2027, relative to 2025.
The use of MFMT and terminal year biomass was tested in previous
simulation studies and was found to perform as well as using the
standard projection methodology.
The use of this approach did not result in deferred liberalization
of recreational measures. Recreational measures for summer flounder,
scup, and black sea bass are not typically set during the annual
specifications process. The RHL included in this rule is one of
multiple factors used to evaluate and recommend recreational management
measures for the next year. The Council and Boards typically take final
action on the recreational measures in State waters and make
recommendations regarding recreational measures in Federal waters
during their joint December meeting, which is then followed by the
Federal rulemaking process. For example, a final rule for the 2025
black sea bass recreational measures was published on June 26, 2025 (90
FR 27254), while the final specifications were published on December
10, 2024. The Council finalized its recommended black sea bass
recreational measures at the December 2025 meeting, and the Federal
rulemaking process for the 2026 and 2027 recreational measures will
include an opportunity for public comment. Comments on those measures
are not relevant to the current specifications action but will be
requested as part of the process to set recreational measures.
With respect to the 5-percent commercial in-season closure buffer
creating inequities between the commercial and recreational sectors,
the option to include this buffer in the black sea bass specifications
is responsive to constraints specific to the commercial fishery. The
commercial and recreational fisheries are managed differently, with an
intention to provide equity between the two sectors while accounting
for differences between them. Unlike the commercial fishery, the
recreational accountability measures (50 CFR 648.143(d)) do not include
in-season closures when the RHL has been reached. In addition, the
recreational accountability measures that consider overages apply only
when the recreational ACL has been exceeded. The accountability
measures provide additional flexibility to the recreational sector by
requiring strict paybacks only under certain circumstances (e.g.,
biomass is below the threshold), allowing paybacks spread over 2 years,
and allowing adjustments to recreational measures instead of paybacks
in certain circumstances (e.g., biomass is between the threshold and
the target and the stock is not under a rebuilding plan).
The commercial sector is more strictly managed to the commercial
quota. The Commission allocates the black sea bass commercial quota
among the relevant States. Commercial landings are monitored throughout
the year, and the Commission closes a State's fishery when data
indicate the State's quota has been reached. NMFS monitors coastwide
landings and would close the commercial fishery coastwide only if the
coastwide quota plus the buffer has been reached. When one or more
States exceed their quota, the buffer provides an opportunity for other
States, including States that divide their black sea bass quotas into
individual fishing quotas (IFQ), to more fully harvest their allocation
before the Federal coastwide closure is implemented. This increases
equity among the States and for commercial fishermen who have invested
in IFQ. The black sea bass commercial accountability measures (Sec.
648.143) require paybacks for any commercial quota overages, regardless
of whether the commercial ACL is exceeded (non-landings overages of the
commercial ACL are also paid back, depending on the status of the
stock). These paybacks reduce the risk of impacts on the black sea bass
stock from the application of the in-season closure buffer. The buffer
is set as one component of the specifications, which allows the Council
and Board to consider current information on the state of the stock and
the performance of the commercial fishery when adopting a buffer
between 0 and 5 percent of the quota. The Council and Board determined
that a 5-percent buffer in 2026 and 2027 would pose little risk to the
stock based on the current high biomass and the low likelihood that the
coastwide quota would be exceeded.
As previously stated, the summer flounder, scup, and black sea bass
recreational measures are addressed through a separate rulemaking.
Suggestions about management changes to provide greater liberalization
and fairness to the recreational sector are not germane to the current
specifications action.
Changes From the Proposed Rule
This final rule includes minor adjustments to the specifications to
correct rounding errors. It includes adjustments to the summer flounder
State-by-State commercial quotas to account for prior overages for
fishing year 2024 and preliminary catch information for fishing year
2025, which were identified following the publication of the proposed
rule. Similarly, this rule includes changes to the bluefish State-by-
State commercial quotas to account for prior overages identified in the
final catch information for fishing year 2024, and to the bluefish
recreational ACT to account for a recreational ACL overage in 2024.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
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. 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).
The Assistant Administrator for Fisheries finds good cause to waive
the 30-day delay in effective date of this action pursuant to 5 U.S.C.
553(d)(3). This action implements 2026 specifications for the summer
flounder, scup, black sea bass, and bluefish fisheries. The fishing
year for all four species runs from January 1 through December 31 each
year. In compliance with the Court's order in North Carolina Fisheries
Association v. Daley, these specifications should be effective as soon
as possible following the start of the fishing year to allow for
fishery participants to incorporate the revised specifications into
their fishing plans. This rule also relieves restrictions by
[[Page 7903]]
increasing the summer flounder, black sea bass, and bluefish commercial
quotas and the recreational possession limits in the bluefish fishery,
which will allow recreational anglers and for-hire businesses to take
advantage of higher limits. See 5 U.S.C. 553(d)(1).
This rule is being issued at the earliest possible date.
Preparation of the final rule is dependent on the analysis of
commercial summer flounder landings for the prior fishing year (2024)
and the current fishing year through October 31, 2025, to determine
whether any overages have occurred and adjustments are needed to the
final State quotas. This process is codified in the summer flounder
regulations, and therefore, cannot be performed earlier. A proposed
rule was published on December 9, 2025, with a public comment period
through December 24, 2025. This final rule is being published as soon
as possible following closure of the comment period.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is exempt from Executive Order 14192 because it is
a routine fishing action under the Magnuson-Stevens Act.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final 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: February 17, 2026.
Sarah Malloy,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. 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. 2026-03295 Filed 2-18-26; 8:45 am]
BILLING CODE 3510-22-P
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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.