Proposed Rule2026-05050
Fisheries of the Northeastern United States; 2026 Chub Mackerel, Squid, and Butterfish Fishery Specifications
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Published
March 16, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP), as recommended by the Mid- Atlantic Fishery Management Council (Council). This action proposes new 2026 and projected 2027-2028 specifications for the chub mackerel and Illex squid fisheries and reaffirms previously-projected 2026 specifications for the longfin squid and butterfish fisheries. These specifications are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information.
Full Text
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<title>Federal Register, Volume 91 Issue 50 (Monday, March 16, 2026)</title>
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[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Proposed Rules]
[Pages 12545-12549]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05050]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260311-0069]
RTID 0648-XF489
Fisheries of the Northeastern United States; 2026 Chub Mackerel,
Squid, and Butterfish Fishery Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes specifications for the Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP), as recommended by the Mid-
Atlantic Fishery Management Council (Council). This action proposes new
2026 and projected 2027-2028 specifications for the chub mackerel and
Illex squid fisheries and reaffirms previously-projected 2026
specifications for the longfin squid and butterfish fisheries. These
specifications are intended to establish allowable harvest levels that
will prevent overfishing, consistent with the most recent scientific
information.
DATES: Public comments must be received by April 15, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0768">https://www.regulations.gov/docket/NOAA-NMFS-2025-0768</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0768, by
any of the following methods:
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-2025-0768 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 at:
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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).
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the Atlantic mackerel, chub mackerel, Illex squid,
longfin squid, and butterfish fisheries pursuant to the Mackerel,
Squid, and Butterfish Fishery Management Plan (the FMP) in consultation
with the Council. Regulations implementing the FMP appear at 50 CFR
part 648, subpart B. In 2024, the most recent year for which complete
revenue data are available, the FMP supported commercial fisheries
producing an overall $41.9 million in revenues.
Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) states that the Scientific
and Statistical Committee (SSC) for each regional fishery management
council shall provide its council with ongoing scientific advice for
fishery management decisions, including recommendations for acceptable
biological catch (ABC), preventing overfishing, ensuring maximum
sustainable yield (MSY), and achieving rebuilding targets. The ABC is a
level of catch that accounts for the scientific uncertainty in the
estimate of the stock's defined overfishing limit (OFL). Specifications
regulations at Sec. 648.22 require the Mackerel, Squid, and Butterfish
Monitoring Committee (Monitoring Committee) to meet annually to develop
specifications recommendations for each species managed under the FMP.
The Council must review these suggestions, as well as any public
comments regarding them, and recommend to the Regional Administrator
specifications and additional measures necessary to assure that annual
catch limits (ACL) will not be exceeded.
NMFS proposes to implement the Council's recommended chub mackerel
and Illex squid fishery specifications and reaffirms the intention to
implement previously-projected 2026 longfin squid and butterfish
fishery specifications pursuant to section 305(d) of the Magnuson-
Stevens Act, which authorizes the Secretary to implement management
measures necessary to carry out an approved fishery management plan.
Specifications for Atlantic mackerel will be proposed through a
separate rulemaking.
Fishery Specifications
Proposed 2026 and Projected 2027-2028 Chub Mackerel Fishery
Specifications
Chub mackerel has never been assessed, and recent efforts to
develop a data-limited assessment approach for the stock were
unsuccessful. In May 2025, the SSC reviewed: (1) updated fishery data;
(2) Mackerel, Squid, and Butterfish Advisory Panel (AP) input; and (3)
staff recommendations for chub mackerel. Since the stock was added to
the FMP in 2020, the ABC has been held constant at 2,300 metric tons
(mt). There is little biological information available for chub
mackerel, but, given that the species tends to be highly productive in
other parts of the world and vessels in the Greater Atlantic Region are
relatively limited in their ability to target the stock, the SSC
determined that it was unlikely that overfishing would occur under the
existing ABC. Because of this consideration, and because there was
insufficient new information to justify changes to the ABC, the SSC
recommended maintaining the 2,300 mt ABC during 2026-2028.
The Mackerel, Squid, and Butterfish Monitoring Committee reviewed
the SSC's ABC advice and recommended keeping the remaining chub
mackerel specifications status quo during 2026-2028. During its June
2025 meeting, the Council reviewed: (1) updated fishery data; (2) AP,
SSC, and Monitoring Committee advice; and (3) staff recommendations and
recommended that NMFS maintain the status quo chub mackerel
specifications during 2026-2028 (table 1). We are proposing to
[[Page 12546]]
adopt the Council's recommended specifications for chub mackerel.
Table 1--Proposed 2026 and Projected 2027-2028 Chub Mackerel Fishery Specifications
[In mt]
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Specification 2025 Proposed 2026 Projected 2027-2028
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ABC...................................................... 2,300 2,300 2,300
ACL...................................................... 2,262 2,262 2,262
Annual catch target (ACT)................................ 2,171 2,171 2,171
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Total allowable landings (TAL)....................... 2,041 2,041 2,041
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Proposed 2026 and Projected 2027-2028 Illex Squid Fishery
Specifications
The Northeast Fisheries Science Center (Science Center) completed
the most recent management track assessment for Illex squid in June
2025. There is no accepted stock assessment model for Illex squid;
therefore, reference points for the stock cannot be determined and
stock status continues to be unknown. Updated fishery data revealed
that average annual U.S. landings of Illex squid during 2022-2024
(5,920 mt per year) were lower than average annual landings during the
full 1987-2024 time series (13,365 mt per year). Additionally, fall
survey biomass during 2022-2024 (0.49 kilograms (kg) per tow) was lower
than average fall survey biomass during the full 1987-2024 time series
(1.30 kg per tow).
To accompany the assessment, the Science Center also produced a
report evaluating alternative 2025 catch limits for the Illex squid
fishery. Because there are no biological reference points for the Illex
squid stock, this report uses alternative metrics (i.e., escapement
level and the ratio of fishing mortality (F) to natural mortality (M))
to estimate the risk of overfishing at different ABC levels. This
approach has been used by the SSC for establishing Illex squid ABCs
since 2020, and the most recent version of the report incorporates
updated data through 2024.
In July 2025, the SSC reviewed the results of the assessment and
the alternative catch limit report and recommended maintaining a status
quo ABC of 40,000 mt during 2026-2028. The SSC determined that a
40,000-mt ABC would result in a low probability of the fishery falling
below an escapement threshold of 40 percent (i.e., the threshold used
in management of other global squid fisheries) and only a moderate risk
of exceeding an F:M ratio of 2:3 (i.e., the threshold used to manage
other forage finfish species). Because of this, the SSC concluded that
a 40,000-mt ABC was likely to result in a low risk of overfishing.
Additionally, given the high level of uncertainty associated with the
Illex squid stock assessment and the alternative catch limit analyses,
the SSC determined that an increase in the ABC was not justified.
The Mackerel, Squid, and Butterfish Monitoring Committee reviewed
the SSC's ABC advice and recommended keeping the remainder of the Illex
fishery specifications status quo during 2026-2028. The commercial
discard set-aside (1,369 mt) was calculated based on average annual
discards during 2018-2019, a time when the Illex squid fishery was
highly productive and observer coverage was relatively high. The
Monitoring Committee concluded that maintaining a discard set-aside
that was calculated based on data from this time period should help to
ensure that catch stays below the ABC should Illex squid become highly
available again in the future. During its August 2025 meeting, the
Council reviewed: (1) updated fishery data; (2) AP, SSC, and Monitoring
Committee advice; and (3) staff recommendations and recommended that
NMFS maintain the status quo Illex squid specifications during 2026-
2028 (table 2). We are proposing to adopt the Council's recommended
specifications for Illex squid.
Table 2--Proposed 2026 and Projected 2027-2028 Illex Squid Fishery Specifications
[mt]
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Specification 2025 Proposed 2026 Projected 2027-2028
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OFL.......................................................... Unknown Unknown Unknown
ABC.......................................................... 40,000 40,000 40,000
Commercial discard set-aside................................. 1,369 1,369 1,369
Commercial discard set-aside (percent)....................... 3.42% 3.42% 3.42%
Initial optimum yield (IOY).................................. 38,631 38,631 38,631
Research set-aside (RSA) *................................... 0 0 0
Domestic annual harvest (DAH)/domestic annual processing 38,631 38,631 38,631
(DAP).......................................................
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* The Council's RSA program has been suspended since 2014.
Reaffirmed 2026 Longfin Squid Fishery Specifications
Projected 2026 longfin squid fishery specifications were set
through the final rule implementing 2024-2026 specifications for the
FMP (July 23, 2024, 89 FR 59678).
During its May 2025 meeting, the SSC reviewed updated fishery data,
AP input, and staff recommendations for longfin squid. A longfin squid
research track assessment is currently ongoing and scheduled to be
completed this year. The Science Center's most recent management track
assessment for longfin squid in 2023 indicated that the stock is not
overfished and it is unknown whether overfishing is occurring. Survey
and fishery data suggest that longfin squid abundance has fluctuated
but remained relatively stable, with no clear trends displayed over
time. The SSC concluded that there
[[Page 12547]]
was insufficient new information to justify changes to the ABC and
recommended maintaining the projected ABC of 23,400 mt for 2026.
The Monitoring Committee reviewed the SSC's ABC advice and
recommended reaffirming the remaining 2026 longfin squid specifications
as projected. During its June 2025 meeting, the Council reviewed: (1)
updated fishery data; (2) AP, SSC, and Monitoring Committee advice; and
(3) staff recommendations and recommended that NMFS reaffirm the
projected 2026 longfin squid specifications without changes. Relative
to the 2025 longfin squid specifications, the reaffirmed 2026
specifications would remain status quo (tables 3 and 4). We are
announcing our intention to adopt the Council's recommendation to
reaffirm the projected 2026 longfin squid specifications.
Table 3--Reaffirmed 2026 Longfin Squid Fishery Specifications
[mt]
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Specification 2025 Reaffirmed 2026
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OFL.............................. Unknown Unknown
ABC.............................. 23,400 23,400
Commercial discard set-aside..... 506.3 506.3
Commercial discard set-aside (%). 2.16% 2.16%
IOY.............................. 22,893.70 22,893.70
RSA *............................ 0 0
DAH/DAP.......................... 22,893.70 22,893.70
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* The Council's RSA program has been suspended since 2014.
Table 4--Reaffirmed 2026 Longfin Squid Quota Trimester Allocations
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Trimester Percent of quota Metric tons
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I (January-April)................ 43 9,844.30
II (May-August).................. 17 3,891.90
III (September-December)......... 40 9,157.50
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Total........................ 100 22,893.70
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Reaffirmed 2026 Butterfish Fishery Specifications
Projected 2026 butterfish fishery specifications were set through
the final rule implementing 2025-2026 specifications for the FMP (90 FR
45674; September 23, 2025). During its May 2025 meeting, the SSC
reviewed updated fishery data, AP input, and staff recommendations for
butterfish. According to the Science Center's most recent 2024
management track assessment, butterfish is not overfished and
overfishing is not occurring. The assessment also indicated that
spawning stock biomass is well above the biomass target and fishing
mortality is well below the overfishing threshold proxy, but it
acknowledged that there is considerable uncertainty associated with
estimates of natural mortality and survey catchability. The SSC noted
that while the exact scale of the population is unknown, stock status
is perceived to be favorable and catch has remained well below
allowable levels in recent years. Therefore, the SSC concluded that
there was insufficient new information to justify changes to the ABC
and recommended maintaining the projected ABC of 13,842 mt for 2026.
The Monitoring Committee reviewed the SSC's ABC advice and
recommended reaffirming the remaining 2026 butterfish specifications as
projected. During its June 2025 meeting, the Council reviewed: (1)
updated fishery data; (2) AP, SSC, and Monitoring Committee advice; and
(3) staff recommendations and recommended that NMFS reaffirm the
projected 2026 butterfish specifications without changes (tables 5 and
6). We are announcing our intention to adopt the Council's
recommendation to reaffirm the prior projected 2026 butterfish
specifications.
Table 5--Reaffirmed 2026 Butterfish Fishery Specifications
[mt]
------------------------------------------------------------------------
Specification 2025 Reaffirmed 2026
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OFL.............................. 17,587 14,224
ABC/ACL.......................... 17,115 13,842
ACT buffer....................... 0 0
ACT buffer (%)................... 0 0%
ACT.............................. 17,115 13,842
RSA *............................ 0 0
Total allowable level of foreign 0 0
fishing (TALFF).................
Butterfish cap in longfin squid 3,884 3,884
fishery.........................
Assumed other discards........... 1,907 1,907
Total discard set-aside (all 5,791 5,791
sources)........................
DAH/DAP.......................... 11,324 8,051
Closure threshold (amount caught) 10,324 7,051
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
[[Page 12548]]
Table 6--Reaffirmed 2026 Allocation of the Butterfish Mortality Cap
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Trimester Percent Metric tons
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I (January-April)................ 43 1,670
II (May-August).................. 17 660
III (September-December)......... 40 1,554
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Total........................ 100 3,884
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The reaffirmed 2026 butterfish fishery specifications would be
reduced relative to the 2025 specifications. The ABC, ACL, and ACT
would decrease by 19 percent, and the DAH would decrease by 29 percent.
However, in recent years commercial butterfish landings have been well
below the DAH and catch has been well below the ACL, so these
reductions in butterfish fishery specifications are not expected to be
limiting for the fishery.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson Stevens Act (16 U.S.C. 1855(d)). In a previous action taken
pursuant to section 304(b) of the Magnuson-Stevens Act (16 U.S.C.
1854(b)), the FMP and implementing regulations created the process by
which specifications are developed through a NMFS rulemaking process
distinct from that of 304(b). See 50 CFR 648.22. The NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Mackerel, Squid, and Butterfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule is exempt from review under Executive Order
(E.O.) 12866.
This proposed rule is exempt from E.O. 14192 because it is not
significant under E.O. 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 purpose, context, and statutory basis for this action is described
above and not repeated here. Business entities affected by this action
include vessels that are issued Federal limited access and/or open
access commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permits. In order to fish for, possess, or land chub
mackerel from the Exclusive Economic Zone portion of the Atlantic Chub
Mackerel Management Unit, a vessel must be issued a Federal mackerel,
squid, or butterfish permit. Therefore, although Atlantic mackerel
fishery specifications are not included in this action, vessels that
are issued Federal Atlantic mackerel permits are included as business
entities affected by this action because those vessels may use their
Atlantic mackerel permits in order to access chub mackerel.
Additionally, although recreational chub mackerel catch also counts
against the chub mackerel ACL that would be implemented through this
action, vessels that are issued charter/party permits for mackerel,
squid, and butterfish are not expected to be impacted by this action
because it does not contain changes to management measures specific to
recreational fishing.
In 2015, NMFS issued a final rule establishing a small business
size standard of $11 million in annual gross receipts for all
businesses primarily engaged in the commercial or for-hire fishing
industry (North American Industry Classification System (NAICS) code
11411) for Regulatory Flexibility Act (RFA) compliance purposes only.
The $11 million standard became effective on July 1, 2016. The RFA
defines a small business in either the commercial or for-hire fishery
as a firm that is independently owned and operated with receipts of
less than $11 million annually. Individually permitted vessels may hold
permits for several fisheries, harvesting species of fish that are
regulated by several different fishery management plans, even beyond
those impacted by the proposed action. Furthermore, multiple permitted
vessels and/or permits may be owned by entities affiliated by stock
ownership, common management, identity of interest, contractual
relationships, or economic dependency.
For the purposes of this analysis, ``ownership entities'' are
defined as those entities with common ownership as listed on the permit
application. On June 1 of each year, ownership entities are identified
based on a list of all permits for the most recent complete calendar
year. The current ownership dataset is based on the calendar year 2024
permits and contains average gross sales associated with those permits
for calendar years 2020 through 2024. In 2024, there were 1,650 active
Federal commercial mackerel, squid, and butterfish permits.
Approximately 1,241 entities held these permits, and based on NMFS size
standards, 1,232 would be qualified as small business entities.
Fishing revenue and, therefore, the economic impacts of annual chub
mackerel, Illex squid, longfin squid, and butterfish specifications
depend upon species availability and ex-vessel price, which may change
annually. This action is not expected to have negative impacts on any
participating entities. The chub mackerel, Illex squid, and longfin
squid fishery specifications that would be implemented through this
action would remain status quo relative to 2025. The 2026 butterfish
specifications that would be reaffirmed through this action would be
reduced relative to 2025. However, in recent years commercial
butterfish landings have been well below the DAH. From 2019-2024, only
6.2-24.5 percent of the DAH was caught annually, which resulted in
annual landings ranging from 718-3,442 mt. Because the reaffirmed 2026
butterfish specifications would be substantially higher than recent
annual butterfish landings, implementation of these new specifications
is not expected to result in a reduction in butterfish fishery
landings. Therefore, the reaffirmed 2026 butterfish fishery
specifications are not expected to be limiting for participating
entities because they would still allow for a higher harvest level than
the fishery has recently achieved. For this reason, the proposed 2026
butterfish specifications are not expected to result in negative
economic impacts for participating entities.
In determining the significance of the economic impacts of the
proposed action, NMFS considered the following two criteria outlined in
applicable NMFS guidance: (1) disproportionality; and (2)
profitability. The chub mackerel, Illex squid, and longfin squid
fishery specifications for 2026 would remain status quo relative to the
2025 specifications and are therefore not expected to have an economic
impact on any of the fishery participants. Additionally, the 2026
butterfish specifications are not expected to have an economic impact
on any of the
[[Page 12549]]
fishery participants because NMFS expects the actual landings to remain
lower than what the proposed specifications would permit based on the
landings from 2019-2024. Because there are no expected economic impacts
on any of the fishery participants, there would be no disproportionate
economic effects from this action between small and large entities. The
proposed measures would not: (1) reduce fishing opportunities relative
to recent chub mackerel, Illex squid, longfin squid, or butterfish
landings; (2) change any entity's access to these resources; or (3)
impose any costs on affected entities. Therefore, the proposed measures
also would not result in reduced profitability for affected entities.
As a result, 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.
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 11, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-05050 Filed 3-13-26; 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.