Proposed Rule2026-05860
Fisheries of the Northeastern United States; Northeast Skate Complex; 2026-2028 Specifications
Primary source
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Published
March 26, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2026 through 2028 specifications for the Northeast skate fishery. This action would set skate catch limits for fishing year 2026, project catch limits for fishing years 2027 through 2028, and increase per trip possession limits for the wing and bait fisheries. This proposed action is necessary to establish skate specifications consistent with the most recent scientific information. The intent of this action is to establish appropriate catch limits for the skate fishery while providing additional operational flexibility to fishery participants.
Full Text
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<title>Federal Register, Volume 91 Issue 58 (Thursday, March 26, 2026)</title>
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[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Proposed Rules]
[Pages 14674-14677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05860]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260323-0088]
RIN 0648-BO35
Fisheries of the Northeastern United States; Northeast Skate
Complex; 2026-2028 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 2026 through 2028 specifications for the
Northeast skate fishery. This action would set skate catch limits for
fishing year 2026, project catch limits for fishing years 2027 through
2028, and increase per trip possession limits for the wing and bait
fisheries. This proposed action is necessary to establish skate
specifications consistent with the most recent scientific information.
The intent of this action is to establish appropriate catch limits for
the skate fishery while providing additional operational flexibility to
fishery participants.
DATES: Comments must be received by April 10, 2026. As explained
further below, NMFS finds that a 15-day comment period for this action
provides a reasonable opportunity for public participation in this
action pursuant to Administrative Procedure Act section 553(c) (5
U.S.C. 553(c)), while also ensuring that the final specifications and
possession limits are in place as close as possible to the start of the
2026 skate fishing season on May 1.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a supplemental information report (SIR) that describes the
proposed action and compares it to the alternatives and analyses
presented in the environmental assessment (EA) that was prepared for
Framework Adjustment 12 to the Northeast Skate Complex Fishery
Management Plan (FMP). The SIR considers whether there are any
substantial changes or significant new circumstances or information
that are relevant to environmental concerns and could affect the
proposed action or its impacts. Based on the analysis presented in the
SIR, NMFS has determined that the Framework Adjustment 12 EA does not
require supplementation. The SIR also includes a Regulatory Impact
Review (RIR) and economic analysis. Copies of the proposed skate
fishery specifications for fishing years 2026-2028, SIR, and other
supporting documents are available on the Council website at <a href="https://www.nefmc.org/library/2026-2027-skate-specifications">https://www.nefmc.org/library/2026-2027-skate-specifications</a> and upon request
from Dr. Cate O'Keefe, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950.
A plain language summary of this proposed rule is available at
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-1593">https://www.regulations.gov/docket/NOAA-NMFS-2025-1593</a>. You may submit
comments on this document, identified by NOAA-NMFS-2025-1593, by the
following method:
<bullet> 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-2025-1593 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 on
<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: Caroline Potter, Fishery Resource
Management Specialist, (978) 281-9325.
SUPPLEMENTARY INFORMATION:
Background
The FMP sets management parameters for a complex of seven skate
species (barndoor, clearnose, little, rosette, smooth, thorny, and
winter) off the New England and mid-Atlantic coasts. Skates support two
different targeted fisheries, one for food (the wing fishery) and one
for bait in other fisheries (the bait fishery). The FMP requires that
annual catch and possession limits for the skate fishery be reviewed
and established through the specifications process. Framework
Adjustment 12 to the Northeast Skate Complex FMP (Framework 12) (89 FR
58076, July 17, 2024) set management measures and specifications for
the skate fishery for fishing year 2024 and projected specifications
for fishing year 2025. A subsequent final rule (90 FR 16467, April 18,
2025) finalized the projected specifications for fishing year 2025.
Proposed Measures
Consistent with the Council's recommendations, this action proposes
increasing the 2026 and 2027 acceptable biological catch (ABC) and
annual catch limit (ACL) to 41,282 metric tons (mt) (compared to 32,155
mt in 2025). The total allowable landings (TAL) would be 20,966 mt
(compared to 15,718 mt in 2025); based on the proportional allocations
prescribed in the FMP, the wing TAL would be 13,943 mt (compared to
10,453 mt in 2025), and the bait TAL would be 7,024 mt (compared to
5,266 mt in 2025). For fishing years 2026 and 2027, the ABC would be a
28-percent increase over the ABC for years 2024 and 2025. This action
would decrease the ABC for fishing year 2028 by 10 percent from fishing
years 2026 and 2027 in order to account for uncertainty in the future
biomass trend. Thus, for 2028, this action proposes an ABC and an ACL
of 37,154 mt. The 2028 TAL would be 18,800 mt; the wing TAL would be
12,502 mt; and the bait TAL would be 6,298 mt. A comparison of the
current 2024-2025 and the proposed 2026-2028 specifications is provided
below in table 1.
The Council will review the projected 2027 and 2028 specifications
to determine if any changes need to be recommended prior to fishing
years 2027 and 2028, respectively. NMFS will publish a notice prior to
each fishing year to confirm these limits as projected or, if changes
are necessary, NMFS may publish a proposed rule.
Skate regulations (50 CFR 648.320(a)(4)) indicate that
specifications can be set for a period of up to two fishing years.
However, in November 2025, the Council submitted a concurrent omnibus
management flexibility amendment that, in part, would allow extending
the time period for setting skate specifications for up to five years.
Thus, setting projected specifications through 2028 as provided in this
proposed rule is contingent on
[[Page 14675]]
the implementation of the management flexibility amendment. If at the
time NMFS prepares the final rule, the amendment is not yet approved
and effective, the final rule for this action would not set projected
2028 specifications.
Table 1--Comparison of Current 2024-2025 and Proposed 2026-2028 Skate Fishery Specifications, in Metric Tons and
Whole Weight
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2024-2025 2026-2027 2028
(current) (proposed) (proposed)
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ABC/ACL......................................................... 32,155 41,282 37,154
ACT (90% of ACL)................................................ 28,940 37,154 33,439
Overall Fishery TAL............................................. 15,718 20,966 18,800
Wing TAL (66.5% of Overall TAL)................................. 10,453 13,943 12,502
Wing Season 1 TAL (57% of Wing TAL)............................. 5,958 7,948 7,126
Wing Season 2 TAL............................................... 4,495 5,995 5,376
Bait TAL (33.5% of Overall TAL)................................. 5,266 7,024 6,298
Bait Season 1 TAL (30.8% of Bait TAL)........................... 1,622 2,163 1,940
Bait Season 2 TAL (37.1% of Bait TAL)........................... 1,954 2,606 2,337
Bait Season 3 TAL............................................... 1,690 2,255 2,021
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In addition, this action proposes changes to the skate per trip
possession limits. It would increase the skate wing possession limits
(in wing weight) for trips fishing on a Monkfish, Scallop, or Northeast
Multispecies Day-At-Sea (DAS) by 500 pounds (lb; 226.8 kg) for each
season, which would result in a trip limit of 4,500 lb (2,041.2 kg) for
Season 1 (May 1-August 31) and a trip limit of 6,500 lb (2,948,4 kg)
for Season 2 (September 1-April 30). This proposed action would also
increase the skate bait whole weight possession limit from 25,000 lb
(11,339.8 kg) to 30,000 lb (13,607.8 kg) for trips fishing on a Bait
Letter of Authorization (LOA) for all three bait seasons.
The proposed changes to trip limits are intended to provide
additional flexibility to fishery participants. The increased skate
wing possession limit is intended to allow for additional yield on
trips where skates have been a constraining factor, such as for the
monkfish fishery. The increased skate bait possession limit is intended
to offset any increased costs for skate bait trips that have
experienced longer steam times, as distance to productive fishing
grounds has increased in recent years. The scale of the possession
limit increases are intended to accommodate these constraints and costs
while not being large enough to incentivize substantial increased
fishing effort.
Indices of relative abundance (stratified mean weight/tow) for each
of the seven species in the skate complex have been developed from
Northeast Fisheries Science Center (NEFSC) bottom trawl surveys. These
indices and their rates of change form the basis for the conclusions
about the status of the complex. The spring NEFSC survey data are used
for little skate and the fall NEFSC survey data are used for the other
managed skate species. Based on the 2025 NEFSC data update, overfishing
is not occurring for any of the seven skate species, and only thorny
skate is considered overfished.
It is estimated that the proposed bait possession limit increase
could lead to bait landings of about 7.59 million lb (3.44 million kg)
per year, as compared to the average bait landings of 7.20 million lb
(3.27 million kg) from fishing years 2021-2024. These landings levels
would equate to a bait TAL utilization of about 49 percent for fishing
years 2026-2027 (15.5 M lb; 7.03 million kg) and 55 percent for fishing
year 2028 (13.9 million lb; 6.30 million kg). These rates fall well
within the range of bait TAL utilization rates of 45 to 62 percent in
fishing years 2021-2024. While increasing skate possession limits could
increase TAL utilization by increasing landings, the proposed increase
is small enough to provide some operational flexibility and enough
below the high end of the utilization rate range to avoid a substantial
change in fishing effort. In addition, a substantial increase in
fishing effort is not expected considering that, from 2021-2024, 91
percent of Bait LOA trips landed less than 75 percent of the current
25,000 lb (11,339.8 kg) possession limit. Catch is expected to remain
within the ABC, and accountability measures would be triggered if a TAL
or ACL is exceeded. Thus, these measures are not anticipated to
increase the risk of overfishing for skate species or result in skate
species becoming overfished. In addition, while skate mortality could
increase with increased possession limits, some of the skates that are
discarded dead under current possession limits would be landed instead,
decreasing bycatch and mitigating increases in total mortality.
Data from observed trips in the Bait LOA fishery suggest that skate
landings are largely comprised of little skate. Little skate survey
biomass has been decreasing in recent years. The moving average of the
survey biomass index for little skate (the 2024-2025 2-year average is
4.03) is close to its biomass threshold (3.38). If the moving average
of the survey biomass index falls to less than the biomass threshold,
the stock would be considered overfished. On average, it is estimated
that about 7.06 million lb (3.20 million kg) of little skate have been
landed annually since fishing year 2021. It is anticipated that
increasing the bait possession limit, as proposed by this action, could
lead to an increase in little skate landings of 381,228 lb (172,922 kg)
per year and that total little skate landings could increase to
7,437,382 lb (3,373,540 kg) per year. Thus, this action could lead to
an approximately 5.4-percent increase in little skate landings on
average. However, this landing estimate is below the 8.28 million lb
(3.76 million kg) of landings that occurred in 2021, and annual
landings since then have remained below this level. Because the
anticipated landings increase of 5.4 percent is relatively small and
the landings estimate is below the landings in 2021, it is unlikely
that the anticipated increase in mortality under the proposed action
would cause little skate to become overfished. In addition, as
described above, the increases in possession limits are expected to
provide operational flexibility without resulting in an increase in
fishing effort. Considering all of the above, no substantial changes in
impacts to little skate are expected as a result of this proposed
action.
Classification
NMFS is issuing this rule pursuant to sections 303(c), 304(b), and
305(d) of the Magnuson Stevens Fishery Conservation
[[Page 14676]]
and Management Act (Magnuson-Stevens Act), which provides specific
authority and procedure for implementing this action. The Council
reviewed the proposed regulations for this action and deemed them
necessary and appropriate to implement this action, consistent with
section 303(c) of the Magnuson-Stevens Act. The NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Northeast Skate Complex FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment. See 16 U.S.C. 304(b)(1)(A). In addition, in a
previous action under section 304(b), the regulations at 50 CFR
648.320(a)(7) authorize NMFS to take this action under section 305(d).
Section 304(b) of the Magnuson-Stevens Act (16 U.S.C. 1854(b))
requires publication of proposed regulations in the Federal Register
with a public comment period of 15 to 60 days. NMFS finds that a 15-day
comment period for this action provides a reasonable opportunity for
public participation in this action pursuant to Administrative
Procedure Act section 553(c) (5 U.S.C. 553(c)), while also ensuring
that the final specifications and possession limits are in place as
close as possible to the start of the 2026 skate fishing season on May
1. This is a routine action and stakeholders have been involved with
the development of this action and have participated in public meetings
throughout its development. A longer comment period would be contrary
to the public interest as it could extend this rulemaking beyond the
start of the 2026 fishing season, resulting in confusion for fishery
participants, disadvantage for Federal permit holders, and enforcement
challenges.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
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 factual basis for this determination is as follows.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures. The increases in skate ACL and
possession limits would impact vessels or affiliate groups that hold
Federal skate permits and affect both bait and wing fisheries. For RFA
purposes only, NMFS has established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing (North American Industry Classification System code
114111) (see 50 CFR 200.2). A business that primarily engages in
commercial fishing is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates) and has combined annual receipts
not more than $11 million for all its affiliated operations worldwide.
Following the Small Business Administration guidelines, a five-year
trailing average is used to determine which entities are classified as
small business entities under the NMFS guidelines, as well as to
measure total revenues for affiliate groups. During the most recent
fishing year (2024), there were 1,929 Federal skate permits issued.
These permits are affiliated with 1,304 unique entities. Regarding
affiliate groups, there are 9 groups that classify as ``large
entities,'' all of which are in the commercial fishing sector, which
includes 124 permits. The remaining affiliate groups are classified as
small entities, of which 837 (1,273 unique permits) are in the
commercial fishing sector, 158 (195 unique permits) are in the for-hire
sector, and 300 had no skate revenue (337 unique permits). Thus, the
majority of entities affiliated with federal skate permits in 2024 were
small entities. The large commercial affiliates averaged $16 million in
revenue. Average gross revenues for the small commercial fishing
entities were $636,987 and $192,648 for the for-hire affiliates.
Skate revenues comprise a relatively low percentage of total
revenues for any federal vessel landing skate. Specifically, from 2022
through 2024, skate revenues for wing vessels only contributed an
average of 9.8 percent of total vessel revenue. Skate revenue from
vessels landing bait and vessels landing both wing and bait contributed
slightly more to average total revenues (14.7 percent and 17.3,
respectively). However, from 2022 through 2024, the average number of
wing vessels (250) constitutes a much higher percentage of the skate
fishery compared to the average number of bait vessels (17) and both
wing and bait vessels (23).
From 2022 through 2024, average fishing year revenue from skate
wing and bait is $4.6 million and $2 million, respectively. This action
and the proposed increase in the wing possession limit is predicted to
increase gross revenues in 2026 by $98,802 in Season 1 and $176,426 in
Season 2 ($275,228 total). The increase in the bait possession limit is
predicted to increase the gross revenues in 2026 of trips fishing on a
Bait Letter of Authorization by $43,363 as compared to the previous
possession limits. In total, the increase in possession limits is
expected to yield up $900,908 in additional gross revenues for the
combined bait and wing skate fishery over fishing years 2026 through
2028.
A description of this action, why it is being considered, and the
legal basis for this action are contained at the beginning of this
section in the preamble and are not repeated here. There are no
additional record keeping or reporting requirements associated with
this action. No relevant Federal rules have been identified that would
duplicate, overlap, or conflict with the proposed rule. The proposed
action is unlikely to disproportionately impact small businesses. It is
expected that the increase in possession limits will positively impact
small businesses, similarly to large businesses, with potential
opportunities for increased landings, revenue, and trip efficiency
gains. Considering all of the above, including recent skate revenues
for small entities, the expected additional revenues from this proposed
action, and the fact that skate revenues contribute a relatively small
proportion to total annual revenues at the vessel level, this action is
unlikely to have substantial impacts on vessels operating in the
fishery. Thus, this proposed rule, if finalized, is not expected to
have a significant economic impact on a substantial number of small
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 23, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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:
[[Page 14677]]
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.322, revise paragraphs (b)(1) and (c)(3), to read as
follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
* * * * *
(b) * * *
(1) Vessels fishing under an Atlantic sea scallop, NE multispecies,
or monkfish DAS.
(i) A vessel or operator of a vessel that has been issued a valid
Federal skate permit under this part, and fishes under an Atlantic sea
scallop, NE multispecies, or monkfish DAS as specified at Sec. Sec.
648.53, 648.82, and 648.92, respectively, unless otherwise exempted
under Sec. 648.80 or paragraph (c) of this section, may fish for,
possess, and/or land up to the allowable trip limits specified as
follows: Up to 4,500 lb (2,041 kg) of skate wings (10,215 lb (4,633 kg)
whole weight) per trip in Season 1 (May 1 through August 31), and 6,500
lb (2,948 kg) of skate wings (14,755 lb (6,693 kg) whole weight) per
trip in Season 2 (September 1 through April 30), or any prorated
combination of the allowable landing forms defined at paragraph (b)(5)
of this section.
(ii) [Reserved]
* * * * *
(c) * * *
(3) The vessel owner or operator possesses or lands no more than
30,000 lb (13,608 kg) of whole skates per trip.
* * * * *
[FR Doc. 2026-05860 Filed 3-25-26; 8:45 am]
BILLING CODE 3510-22-P
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