Rule2026-05073
Fisheries of the Northeastern United States; Scup Fishery; 2026 Scup Winter I Commercial Quota Harvested
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 16, 2026
Effective
March 16, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the 2026 scup Winter I commercial quota has been harvested. Vessels issued a commercial Federal fisheries permit for the scup fishery may not land scup for the remainder of the Winter I quota period. Regulations governing the scup fishery require publication of this notification to advise vessel and dealer permit holders that no Federal commercial quota is available for landing scup through the end of Winter I (April 30, 2026).
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)]
[Rules and Regulations]
[Page 12511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05073]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260209-0039; RTID 0648-XF608]
Fisheries of the Northeastern United States; Scup Fishery; 2026
Scup Winter I Commercial Quota Harvested
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces that the 2026 scup Winter I commercial quota
has been harvested. Vessels issued a commercial Federal fisheries
permit for the scup fishery may not land scup for the remainder of the
Winter I quota period. Regulations governing the scup fishery require
publication of this notification to advise vessel and dealer permit
holders that no Federal commercial quota is available for landing scup
through the end of Winter I (April 30, 2026).
DATES: Effective 0001 hours March 16, 2026, through April 30, 2026.
FOR FURTHER INFORMATION CONTACT: Matthew Rigdon, (978) 281-9336, or
<a href="/cdn-cgi/l/email-protection#1e537f6a6a767b69304c77797a71705e70717f7f30797168"><span class="__cf_email__" data-cfemail="04496570706c61732a566d63606b6a446a6b65652a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Regulations governing the scup fishery are
found at 50 CFR 648.120 through 648.131. The regulations at Sec.
648.123(a) require that, when NMFS projects that 100 percent of the
commercial quota for a quota period has been harvested, the Regional
Administrator must close the Exclusive Economic Zone (EEZ) to scup
fishing by commercially permitted vessels for the remainder of that
period. No vessel may fish for, possess, or land scup that is harvested
in or from the EEZ after the announced closure date.
The 2026 Winter I commercial quota for scup is 7,984,470 pounds
(3,621,695 kilograms) (91 FR 7896, February 19, 2026). The NMFS
Regional Administrator for the Greater Atlantic Region monitors
commercial landings and determines when the commercial quota has been
harvested. NMFS is required to publish notification in the Federal
Register advising and notifying commercial vessels and dealer permit
holders that, effective upon a specific date, the Winter I commercial
quota has been harvested, and no commercial quota is available for
landing scup through the remainder of the Winter I quota period
(January 1-April 30). Based on dealer reports and other available
information, the Regional Administrator has determined that the
available Winter I quota has been harvested.
The regulations at Sec. 648.14(o) prohibit all vessels from
fishing for, possessing, or landing scup that is harvested in or from
the EEZ. They further prohibit federally permitted vessels from landing
scup for sale that were harvested from either State waters or the EEZ.
In addition, all persons are prohibited from purchasing or otherwise
receiving scup harvested from the EEZ for a commercial purpose after
the effective date of the Federal Register notification stating that
the commercial quota is no longer available. Therefore, effective 0001
hours on March 16, 2026, vessels may not fish for, possess, or land
scup in or from the EEZ, federally permitted vessels may not land scup
for sale, and dealers may not purchase or otherwise receive scup
harvested from the EEZ through April 30, 2026.
Pursuant to Sec. 648.123(a)(2)(iv), during a fishing year in which
the Winter I quota period is closed prior to April 15, a State may
apply to the Regional Administrator for authorization to count scup
landed for sale in that State from April 15 through April 30 by State-
only permitted vessels fishing exclusively in waters under the
jurisdiction of that State against the Summer period quota. Requests to
the Regional Administrator to count scup landings in a State from April
15 through April 30 against the Summer period quota must be made by
letter signed by the principal State official with marine fishery
management responsibility and expertise, or his/her designee, and must
be received by the Regional Administrator no later than April 15.
Within 10 working days following receipt of the letter, the Regional
Administrator shall notify the appropriate State official of the
disposition of the request.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it would be contrary to the
public interest. This action closes the commercial scup fishery until
April 30, 2026, pursuant to current regulations. The regulations at 50
CFR 648.123(a) require such action to ensure that scup vessels do not
exceed quotas allocated to each quota period. If implementation of this
closure was delayed to solicit prior public comment, the quota for this
fishing year would be exceeded, which would require a reduction to the
2027 Winter I quota, thereby reducing future fishing opportunities and
undermining the conservation objectives of the Summer Flounder, Scup,
and Black Sea Bass Fishery Management Plan. The Assistant Administrator
further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the
30-day delayed effectiveness period for the reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 12, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-05073 Filed 3-12-26; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 16, 2026.
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