Notice2026-03579
Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement on Phase 2 Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
Primary source
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Published
February 23, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is withdrawing the "Notice of Intent to Prepare an Environmental Impact Statement (EIS) on Phase 2 Modifications to the Atlantic Large Whale Take Reduction Plan to reduce mortality and serious injury of large whales in commercial trap/pot and gillnet fisheries along the U.S. East Coast."
Full Text
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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8466-8467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03579]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF166]
Withdrawal of Notice of Intent To Prepare an Environmental Impact
Statement on Phase 2 Modifications to the Atlantic Large Whale Take
Reduction Plan To Reduce Mortality and Serious Injury of Large Whales
in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; withdrawal.
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SUMMARY: NMFS is withdrawing the ``Notice of Intent to Prepare an
Environmental Impact Statement (EIS) on Phase 2 Modifications to the
Atlantic Large Whale Take Reduction Plan to reduce mortality and
serious injury of large whales in commercial trap/pot and gillnet
fisheries along the U.S. East Coast.''
DATES: The notice of intent to prepare an EIS published in the Federal
Register on September 9, 2022 (87 FR 55405), is withdrawn as of
February 23, 2026.
ADDRESSES: Greater Atlantic Regional Fisheries Office, Protected
Resources Division, 55 Great Republic Drive, Gloucester, MA 01930; or
by email to <a href="/cdn-cgi/l/email-protection#a9c7c4cfda87cec8db87c8c5dedddbdde9c7c6c8c887cec6df"><span class="__cf_email__" data-cfemail="711f1c17025f1610035f101d06050305311f1e10105f161e07">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Jennifer Goebel, Atlantic Large Whale
Take Reduction Team Coordinator, Greater Atlantic Region. Telephone:
978-281-9175. Email: <a href="/cdn-cgi/l/email-protection#abc5c6cdd885cccad9cdc485cac7dcdfd9dfebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="2947444f5a074e485b4f460748455e5d5b5d6947464848074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 118 of the Marine Mammal Protection
Act (MMPA) mandates that NMFS develop and implement Take Reduction
Plans for preventing the depletion and assisting in the recovery of
certain marine mammal stocks that are killed or
[[Page 8467]]
seriously injured incidental to commercial fisheries. Pursuant to the
MMPA, NMFS convenes Take Reduction Teams composed of stakeholders to
develop recommendations that achieve a short-term goal of reducing
mortalities and serious injuries of marine mammals covered by the Take
Reduction Plan to a rate below each stock's Potential Biological
Removal (PBR) level, which is defined by the MMPA as the maximum number
of animals, not including natural mortalities, that may be removed from
a marine mammal stock while allowing that stock to reach or maintain
its optimum sustainable population. NMFS considers those
recommendations when implementing Take Reduction Plans through the
rulemaking process. The Atlantic Large Whale Take Reduction Team (Team)
was first convened in 1996 to recommend measures to reduce mortalities
and serious injuries of right, humpback, and fin whales incidental to
certain commercial fisheries. Since 1997, the Atlantic Large Whale Take
Reduction (Plan) has been amended several times to reduce the impacts
of fishing gear on large whales in U.S. waters through measures that
include area closures, gear configuration requirements, and gear
marking. On September 17, 2021, NMFS published a Plan amendment (86 FR
51970; (2021 rule), that implemented modifications to reduce
mortalities and serious injuries caused by entanglement in the
Northeast American lobster and Jonah crab trap/pot fishery.
However, at the time, NMFS believed additional entanglement-related
mortality and serious injury reduction would be needed to meet the goal
set by the MMPA. As part of the rulemaking process that would establish
these additional entanglement risk reduction measures, NMFS published a
Notice of Intent (NOI) to prepare an Environmental Impact Statement
(EIS) for the Phase 2 Modifications to the Plan on September 9, 2022
(87 FR 55405). NMFS reconvened the Team in Fall 2022 to develop
recommendations for measures to further address entanglement risk in
all East Coast fixed-gear fisheries managed under the Plan. In December
2022, shortly after the Team voted on recommendations, Congress passed
the Consolidated Appropriations Act, 2023 (CAA). The CAA deemed the
2021 rule sufficient to ensure that the continued Federal and State
authorizations of the American lobster and Jonah crab fisheries are in
full compliance with the MMPA and Endangered Species Act for a period
ending December 31, 2028. The 2-year timeline for an EIS as defined by
the Fiscal Responsibility Act of 2023 updates to the National
Environmental Policy Act (NEPA) makes the timeline for an EIS
incompatible with the CAA's Congressionally mandated effective date of
December 31, 2028, for a new Plan amendment. Therefore, NMFS withdraws
this NOI to comply with NEPA requirements.
NMFS may issue NOIs to prepare EISs for future Plan amendments,
including for any amendment that may be required December 31, 2028.
Authority: NEPA, 42 U.S.C. 4321 et seq., and MMPA, 31 U.S.C. 1361
et seq.
Dated: February 19, 2026.
Shannon Bettridge,
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2026-03579 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-22-P
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