Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish and Golden Tilefish Fisheries; 2026 Specifications
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Abstract
In this action, NMFS proposes specifications for the 2026 fishing year for the golden tilefish and blueline tilefish fisheries north of the North Carolina/Virginia border. The proposed action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Tilefish Fishery Management Plan (FMP).
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Proposed Rules]
[Pages 15585-15588]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06102]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260325-0090; RTID 0648-XF172]
Fisheries of the Northeastern United States; Mid-Atlantic
Blueline Tilefish and Golden Tilefish Fisheries; 2026 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: In this action, NMFS proposes specifications for the 2026
fishing year for the golden tilefish and blueline tilefish fisheries
north of the North Carolina/Virginia border. The proposed action is
necessary to establish allowable harvest levels and other management
measures to prevent overfishing while allowing optimum yield,
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and the Tilefish Fishery
Management Plan (FMP).
DATES: Comments must be received by April 14, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-0430, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2026-0430 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).
Copies of the supporting documents for these proposed
specifications are available from Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery Management Council, 800 North State
Street, Suite 201, Dover, DE 19901. These documents are also accessible
via the internet at: <a href="https://www.mafmc.org">https://www.mafmc.org</a>.
FOR FURTHER INFORMATION CONTACT: Matthew Rigdon,
<a href="/cdn-cgi/l/email-protection#9bf6faefeff3feecb5e9f2fcfff4f5dbf5f4fafab5fcf4ed"><span class="__cf_email__" data-cfemail="ddb0bca9a9b5b8aaf3afb4bab9b2b39db3b2bcbcf3bab2ab">[email protected]</span></a>, 978-281-9336.
SUPPLEMENTARY INFORMATION:
Background
The golden tilefish and blueline tilefish fisheries north of the
North Carolina/Virginia border are managed under the Tilefish FMP,
which outlines the process for establishing annual specifications. The
Tilefish FMP requires the Mid-Atlantic Fishery Management Council (Mid-
Atlantic Council) to recommend acceptable biological catch (ABC),
annual catch limit (ACL), annual catch target (ACT), total allowable
landings (TAL), and other management measures for the commercial and
recreational sectors of the fisheries. The Mid-Atlantic Council's
Scientific and Statistical Committee (SSC) provides ABC recommendations
for both species to the Council to derive these catch limits. The Mid-
Atlantic Council makes recommendations to NMFS that may not exceed the
SSC's ABC recommendation. The Mid-Atlantic Council's recommendations
must include supporting documentation concerning the environmental,
economic, and social impacts of the recommendations. NMFS reviews these
recommendations, proposes them for public comment, and, if approved,
publishes the final specifications in the Federal Register.
Proposed Specifications
Blueline Tilefish
Consistent with recommendations made by the Mid-Atlantic Council,
this action proposes specifications for blueline tilefish for fishing
year 2026 that would increase the commercial TAL by 426 percent and the
recreational TAL by 350 percent. The increased catch limits are
primarily due to updated data analyses of fishing effort but may
represent some increased fishing opportunity for both the commercial
and recreational fisheries. Mid-Atlantic recreational fisheries are
valued at approximately $439 million as of 2021. The blueline tilefish
recreational fishery represents one component of this value, and the
increased recreational TAL for fishing year 2026 could contribute
additional value to Mid-Atlantic recreational fisheries. The blueline
tilefish commercial fishery was valued at approximately $67,000 in
fishing year 2024 based on recent ex-vessel value data. This action
would authorize approximately $454,000 in commercial blueline tilefish
value due to the increased commercial TAL for fishing year 2026.
The proposed specifications are consistent with recommendations of
the
[[Page 15586]]
Mid-Atlantic Council and are based upon the recent blueline tilefish
assessment (Southeast Data, Assessment, and Review; SEDAR 92) completed
by the Southeast Fisheries Science Center in March 2025. The SEDAR 92
assessment updated the analysis used in the prior blueline tilefish
assessment (SEDAR 50) using data through 2023. In both assessments, the
stock, which ranges across the eastern seaboard, was split at Cape
Hatteras, North Carolina. A Data-Limited Model (DLM) Toolkit was used
to estimate a TAL for the region north of Cape Hatteras. This includes
a portion of the blueline tilefish stock managed by the South Atlantic
Fishery Management Council (South Atlantic Council), in addition to the
full management unit managed by the Mid-Atlantic Council. A joint
subgroup of both Councils' SSCs met to review the SEDAR 92 results and
recommend apportionment of the ABC between the two management
jurisdictions. Specifically, the subgroup was to apportion the ABC for
the stock north of the Virginia/North Carolina border for management by
the Mid-Atlantic Council, and an ABC for the stock south of that border
for management by the South Atlantic Council.
The joint SSC subgroup recommended that the ABC for the blueline
tilefish stock north of Cape Hatteras be set at 646,000 pounds (lb)
(293.0 metric tons (mt)). Then, the joint subgroup utilized recent
information collected from the fishery independent South Atlantic
Deepwater Longline (SADL) survey in order to apportion the ABC across
the Mid-Atlantic management unit and the South Atlantic management
unit. The subgroup noted that the SADL survey has had more success
recently in catching blueline tilefish (1,081 fish total across the
2023 and 2024 surveys) compared to the 2017 pilot survey (75 fish),
which was used for apportionment in SEDAR 50. The joint subgroup
apportioned 70 percent of the ABC to the Mid-Atlantic, which represents
a 14-percent increase to the Mid-Atlantic apportionment relative to the
prior assessment. Based on this apportionment, the proposed
specifications include an ABC of 452,200 lb (205.1 mt) for blueline
tilefish in the Mid-Atlantic management unit for fishing year 2026.
This ABC would be an increase of approximately 350 percent compared to
fishing year 2025.
The higher ABC primarily reflects the incorporation of updated
catch information and life history parameters into the most recent DLM
Toolkit that was used in the SEDAR 92 process. Updates were made to
commercial discard and private recreational catch data. This updated
information included much higher estimates for historical catch in the
blueline tilefish fishery than were used in prior assessments. The new
assessment reflects best available science, and the resulting increase
to the ABC is primarily the result of the higher historical catch used
in the model and not an indication of a large increase in the biomass
of blueline tilefish. There are no changes being proposed to management
measures for the commercial or recreational blueline tilefish
fisheries. In the commercial fishery, which is allocated 27 percent of
the ABC, the per-trip possession limit will continue to constrain
fishing effort similar to prior years. In the recreational fishery,
which is allocated 73 percent of the ABC, the season length and bag
limits will remain unchanged. As a result, we do not expect a
significant change in fishing effort in either the commercial or
recreational fisheries.
Preliminary analysis indicates commercial landings exceeded the
2025 ACL by 617 lb (0.3 mt). The regulations require an overage to be
deducted in the following year. The resulting proposed specifications
recommended are summarized in table 1.
Table 1--Proposed Blueline Tilefish Specifications for Fishing Year 2026
With 2025 Specifications for Comparison
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Specification 2025 Proposed 2026
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ABC--North of NC/VA line........ 100,520 lb (45.6 452,200 lb (205.1
mt). mt).
Recreational ACL................ 73,380 lb (33.3 330,106 lb (149.7
mt). mt).
Recreational TAL................ 71,912 lb (32.6 323,504 lb (146.7
mt). mt).
Commercial ACL.................. 27,140 lb (12.3 122,094 lb (55.4
mt). mt).
Commercial Overage Adjustment... -5,975 lb (2.7 mt) -617 lb (0.3 mt).
Adjusted Commercial ACL......... 21,165 lb (9.6 mt) 121,477 lb (55.1
mt).
Commercial TAL.................. 20,894 lb (9.5 mt) 109,330 lb (49.6
mt).
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Golden Tilefish
The directed golden tilefish fishery is managed under an individual
fishing quota (IFQ) program, with a small amount of non-IFQ catch
allowed under an incidental permit. On April 1, 2025, NMFS proposed
2025 specifications for golden tilefish and announced projected
specifications for fishing years 2026 and 2027 based on Mid-Atlantic
Council recommendations (90 FR 14350). Public comment on the proposed
specifications was accepted through April 16, 2025. A final rule
implementing these specifications was published on June 26, 2025 (90 FR
27257). The previously projected 2026 specifications equal those
implemented for 2025, resulting in no change to the fishery. In
addition, there is no new biological information that would require
altering the projected 2026 specifications. Therefore, we are proposing
2026 golden tilefish specifications as previously projected, outlined
in table 2.
Table 2--Proposed Golden Tilefish Specifications for Fishing Year 2026
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Specification 2026
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ABC.............................. 1,878,338 lb (852.0 mt).
ACL.............................. 1,878,338 lb (852.0 mt).
IFQ ACT.......................... 1,733,109 lb (786.1 mt).
Incidental ACT................... 91,216 lb (41.4 mt).
IFQ TAL.......................... 1,728,590 lb (784.1 mt).
[[Page 15587]]
Incidental TAL................... 68,949 lb (31.3 mt).
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This action would not change the landing limits for non-IFQ
commercial fisheries. A vessel fishing under a non-IFQ Federal
commercial tilefish vessel permit would continue to be prohibited from
possessing more than 500 lb (227 kilograms (kg)) of gutted golden
tilefish at any time, or 50 percent, by weight, of the total of all
species, including golden tilefish, being landed (whichever is less).
This landing limit does not apply to a vessel authorized to land golden
tilefish under a Tilefish IFQ permit. A vessel fishing under a non-IFQ
commercial tilefish permit would also continue to be prohibited from
possessing more than 500 lb (227 kg) of gutted blueline tilefish per
trip. If 70 percent of the blueline tilefish commercial TAL is landed,
the Regional Administrator may reduce the blueline tilefish possession
limit to 300 lb (136 kg).
This action would not change the recreational management measures
for golden or blueline tilefish. The golden tilefish recreational
fishery would continue to be open year-round, and the bag limit would
remain 8-fish per person per trip for all vessel types. The blueline
tilefish recreational measures would continue to include an open season
from May 15 through November 14 and bag limits that vary by vessel
type. Private recreational vessels would continue to have a 3-fish
limit per person per trip. For-hire vessels which have not been issued
a valid U.S. Coast Guard Certification of inspection would continue to
have a 5-fish limit per person per trip. For-hire vessels which have
been issued a valid U.S. Coast Guard Certification of Inspection would
continue to have a 7-fish limit per person per trip. Any vessel used to
fish recreationally for golden or blueline tilefish must have the
appropriate Federal vessel permit. Boats used to take anglers for hire
must have the Charter/Party Tilefish Permit, while private recreational
vessels need to have the Private Recreational Tilefish Permit. Both
permit types require the submission of vessel trip reports. Additional
information about permitting and reporting requirements is available
from the Greater Atlantic Regional Fisheries Office's Permits Office at
(978) 282-8438 or <a href="/cdn-cgi/l/email-protection#b0fefdf6e39ef7f1e29ee0d5c2ddd9c4c3f0dedfd1d19ed7dfc6"><span class="__cf_email__" data-cfemail="1e5053584d30595f4c304e7b6c73776a6d5e70717f7f30797168">[email protected]</span></a>.
The 2026 fishing year for golden tilefish and blueline tilefish
began on January 1, 2026. The regulations include rollover provisions
for both species that allow the fisheries to operate under status quo
specifications until new specifications are finalized.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson Stevens Act (16 U.S.C. 1855(d)). The reason for using this
regulatory authority for this action is that, 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) (50 CFR 648.292). As such, NMFS is issuing
this rule pursuant to section 305(d). The NMFS Assistant Administrator
has determined that this proposed rule is consistent with the Tilefish
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
The Magnuson-Stevens Act 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 are
in place as close as possible to the start of the fishing year that
began on January 1, 2026. This is a routine specifications action that
occurs every year, and stakeholder and industry groups have been
involved with the development of this action and have participated in
public meetings throughout their development over the past year. A
longer comment period would be contrary to the public interest, as it
could delay this rulemaking further into the 2026 fishing year,
increasing confusion in the tilefish industry around current quotas.
The proposed specifications for the golden tilefish fishery are
unchanged from what was projected when the 2025 specifications were
announced. The proposed blueline tilefish specifications include an
increase in TAL compared to prior fishing years. However, that increase
is based on higher estimates of historical catch that occurred under
the existing management measures. No changes to management measures are
being proposed, and therefore, no significant changes to fishing effort
are expected. Additionally, we do not expect this large increase to
lead to significant increases in fishing effort, nor overfishing,
because the specifications are based on the new stock assessment, which
informs us of appropriate levels of catch which would not cause
overfishing. We do not expect fishing effort to significantly change
because the updated stock assessment model incorporated new historical
catch information and other input parameters based on newer and best
scientific information available. Those updated numbers for historical
catch are what caused the assessment model to output larger allowable
catch. In other words, the prior stock assessment and associated
specifications underestimated the amount of fish being caught, and this
updated model provides a clearer picture of what has already been
happening.
This action is exempt from review under Executive Order 12866.
This proposed rule is exempt from Executive Order 14192 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 basis for the certification follows.
For Regulatory Flexibility Act (RFA) purposes, NOAA's National
Marine Fisheries Service has established a size standard for small
businesses, including their affiliated operations, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) code 11411) is classified as small if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. The Small Business Administration has established size
standards for all other major industry sectors in the United
[[Page 15588]]
States, including defining for-hire fishing firms (NAICS code 487210)
as small when their receipts are less than or equal to $8 million.
According to the ownership database, 722 affiliate commercial
fishing firms landed blueline tilefish during the 2020-2024 period,
with 713 of those business affiliates categorized as small businesses
and 9 categorized as large businesses. During this period, 426
primarily for-hire affiliates were identified as potentially affected
by this action because they possessed a Federal party/charter permit
for tilefish during the 2020-2024 period. All 426 of these for-hire
affiliates were categorized as small businesses.
The proposed specifications would result in increased commercial
and recreational total allowable landings (TAL) for blueline tilefish.
These measures are expected to create some additional opportunities for
revenue due to the increased allowable catch being less likely to be
fully harvested and forcing the commercial fishery to close early. The
increased TAL would allow commercial vessels to either target blueline
tilefish or to retain incidental catches of blueline tilefish while
targeting other species, during a portion of the year when the fishery
has been closed in the past. Significant increases in fishing effort
are not expected, as the higher TALs are largely driven by updated
catch information used in the most recent stock assessment and not by
changes in total biomass of the stock. No changes to management
measures are being proposed, and those measures would continue to
constrain both the commercial and recreational fishery participants. No
negative economic impacts are expected as a result of the proposed
specifications, and if anything, the increased TALs could provide a
small economic benefit to fishery participants. Therefore, this action
will not have a significant economic impact on a substantial number of
small entities.
The proposed specifications for golden tilefish are status quo, and
no changes are proposed for fishing year 2026. Impacts to small
businesses in the golden tilefish fishery were analyzed during the
proposed rulemaking announcing the proposed 2025 specifications for
blueline and golden tilefish, and projected 2026-2027 specifications
for golden tilefish (90 FR 14350; April 1, 2025) and it was determined
that the proposed specifications for golden tilefish for fishing years
2025-2027 would not have a significant economic impact on a substantial
number of small entities. The Chief Counsel for Regulation of the
Department of Commerce certified that conclusion for the 2025
specifications to the Chief Counsel for Advocacy of the Small Business
Administration. The factual basis for that determination was published
in that proposed rule (90 FR 14350; April 1, 2025) and is not repeated
here.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-06102 Filed 3-27-26; 8:45 am]
BILLING CODE 3510-22-P
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