Rule2026-04858
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2026 Atlantic Deep-Sea Red Crab Specifications
Primary source
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Published
March 12, 2026
Effective
April 13, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is finalizing specifications for the 2026 Atlantic deep- sea red crab fishery, including an annual catch limit and total allowable landings limit. This action is necessary to fully implement previously projected allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2026 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan.
Full Text
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<title>Federal Register, Volume 91 Issue 48 (Thursday, March 12, 2026)</title>
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[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Rules and Regulations]
[Pages 12082-12083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04858]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[260225-0057]
RTID 0648-XF357
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery; 2026 Atlantic Deep-Sea Red Crab Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is finalizing specifications for the 2026 Atlantic deep-
sea red crab fishery, including an annual catch limit and total
allowable landings limit. This action is necessary to fully implement
previously projected allowable red crab harvest levels that will
prevent overfishing and allow harvesting of optimum yield. This action
is intended to establish the allowable 2026 harvest levels, consistent
with the Atlantic Deep-Sea Red Crab Fishery Management Plan.
DATES: Effective April 13, 2026, through February 28, 2027.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy
Analyst, (978) 281-9122.
SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is
managed by the New England Fishery Management Council (Council). The
Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) includes a
specification process that requires the Council to recommend an
acceptable biological catch (ABC), an annual catch limit (ACL), and
total allowable landings (TAL) every 4 years. Collectively, these are
the red crab specifications. Prior to the start of fishing year 2024,
the Council recommended specifications for the 2024-2027 fishing years
(table 1).
Table 1--Council-Approved 2024-2027 Red Crab Specifications
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Millions of
Metric tons pounds (lb)
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Acceptable Biological Catch............. 2,000 4.41
Annual Catch Limit...................... 2,000 4.41
Total Allowable Landings................ 2,000 4.41
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On February 8, 2024, NMFS published a final rule implementing the
Council-recommended specifications for the 2024 fishing year, effective
through February 28, 2025, and projecting the fishery's specifications
for 2025 through
[[Page 12083]]
2027 (89 FR 8557). At the end of each fishing year, we evaluate catch
information and determine if the quota has been exceeded. If a quota is
exceeded, the regulations at 50 CFR 648.262(b) require a pound-for-
pound reduction in a subsequent fishing year. We have reviewed
available 2024 and 2025 fishery information against the projected 2026
specifications. There have been no quota overages, nor is there any new
biological information that would require altering the projected 2026
specifications published in 2024. Based on this information, we are
finalizing specifications for fishing year 2026, as projected in the
2024 specifications rule, and outlined above in table 1. These
specifications are not expected to result in overfishing and adequately
account for scientific uncertainty.
The 2026 fishing year starts on March 1, 2026. The fishery
management plan allows for the previous year's specifications to remain
in place until replaced by a subsequent specifications action (rollover
provision). As a result, the 2025 specifications, also 2,000 mt, remain
in effect until replaced by the 2026 specifications included in this
rule. NMFS will provide notice of the final 2027 specifications, and
any necessary reductions, prior to the start of the fishing year.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act (MSA), which authorizes the Secretary to implement
management measures necessary to carry out an approved fishery
management plan. Red crab specifications are implemented pursuant to
the regulations at 50 CFR 648.260 that were approved and implemented by
NMFS in Amendment 3 to the FMP (76 FR 60379, September 29, 2011). The
NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Deep-Sea Red Crab FMP, the 2024-2027
Atlantic Deep-Sea Red Crab specifications, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior
public notice and opportunity for public comment on the catch limit and
allocation adjustments, because allowing time for notice and comment
would be unnecessary. The proposed rule for the 2024-2027
specifications, pursuant to the process described in the red crab
regulations (Sec. 648.260), provided the public with the opportunity
to comment on the specifications, including the projected 2025 through
2027 specifications (88 FR 83893, December 1, 2023). We received no
comments on the proposed rule announcing the projected 2025-2027
specifications and this final rule contains no changes from the
projected 2026 specifications that were included in both the December
1, 2023, proposed rule and the February 8, 2024, final rule (89 FR
8557, February 8, 2024). Through both the proposed rule for the 2024-
2027 specifications and the final rule for the 2024 specifications, we
alerted the public that we would conduct a review of the latest
available catch information in each of the interim years of the multi-
year specifications and announce the final quota prior to the March 1
start of the fishing year. Thus, the proposed and final rules that
contained the projected 2025-2027 specifications provided a full
opportunity for the public to comment on the substance and process of
this action.
This final rule is exempt from review under Executive Order (E.O.)
12866.
This final rule is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
The Chief Counsel for Regulation, Department of Commerce,
previously certified to the Chief Counsel for Advocacy of the Small
Business Administration (SBA) that the 2024-2027 red crab
specifications would not have a significant economic impact on a
substantial number of small entities. Implementing the 2026
specifications will not change the conclusions drawn in that previous
certification to the SBA. No comments were received regarding this
prior certification. As a result, no new regulatory flexibility
analysis is required and none has been prepared.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act (44 U.S.C. 3501
et seq.).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 9, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-04858 Filed 3-11-26; 8:45 am]
BILLING CODE 3510-22-P
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