Proposed Rule2026-06102

Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish and Golden Tilefish Fisheries; 2026 Specifications

Primary source

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Published
March 30, 2026

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

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&#160;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
------------------------------------------------------------------------
          Specification                  2025            Proposed 2026
------------------------------------------------------------------------
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).
------------------------------------------------------------------------

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
------------------------------------------------------------------------
          Specification                             2026
------------------------------------------------------------------------
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).
------------------------------------------------------------------------

    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&#160;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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