Rule2026-06663
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Modifications To Conform U.S. Fishery Regulations With the Presidential Proclamation Unleashing Commercial Fishing in the Atlantic
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
April 6, 2026
Effective
April 3, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action rescinds regulations issued under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) that restrict commercial fishing within the Northeast Canyons and Seamounts Marine National Monument (Monument). This action is necessary to conform U.S. fishing regulations with the February 6, 2026, Presidential Proclamation Unleashing Commercial Fishing in the Atlantic.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Rules and Regulations]
[Pages 17159-17160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06663]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 260401-0091]
RIN 0648-BO47
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Modifications To Conform U.S. Fishery Regulations With the
Presidential Proclamation Unleashing Commercial Fishing in the Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action rescinds regulations issued under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
that restrict commercial fishing within the Northeast Canyons and
Seamounts Marine National Monument (Monument). This action is necessary
to conform U.S. fishing regulations with the February 6, 2026,
Presidential Proclamation Unleashing Commercial Fishing in the
Atlantic.
DATES: Effective April 3, 2026.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy
Analyst, 978-281-9122.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2016, the Northeast Canyons and Seamounts Marine
National Monument (Monument) was designated in the waters of the North
Atlantic (Presidential Proclamation 9496; 81 FR 65161, September 21,
2016), including both a Canyons Unit and a Seamounts Unit. This
Proclamation prohibited commercial fishing within the Monument with a
7-year exemption for the American lobster and Atlantic deep-sea red
crab fisheries. In June 2020, Monument prohibitions were revised via
Proclamation 10049 (85 FR 35793, June 11, 2020), which removed
commercial fishing from the list of prohibited activities set forth in
the 2016 Proclamation. In October 2021, Proclamation 10287 (86 FR
57349, October 15, 2021) returned commercial fishing to the list of
prohibited activities, providing ``for the prohibition of all
commercial fishing in the Monument, except for red crab and American
lobster commercial fishing, which may be permitted until September 15,
2023.'' NMFS published a final rule (89 FR 12282) on February 16, 2024,
conforming the U.S. fishing regulations at 50 CFR part 600 to
Proclamations 9496 and 10287, and adding Sec. 600.725(x) to reflect
the commercial fishing prohibition in the two Proclamations. On
February 6, 2026, the Presidential Proclamation Unleashing Commercial
Fishing in the Atlantic (91 FR 6489, February 11, 2026) again removed
the prohibition on commercial fishing in the Monument.
Approved Measures
Consistent with the February 2026 Presidential Proclamation, which
removed the prohibition on commercial fishing within the boundaries of
the Monument, and the requirements of the Magnuson-Stevens Act, this
action rescinds the regulations at 50 CFR 600.725(x).
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act to comply with section 303(a)(1)(C) by rescinding
regulations at Sec. 600.725(x) to ensure that all fishery management
plans and measures implemented by the Secretary of Commerce are
consistent with, and conform to, the February 2026 Proclamation and the
Antiquities Act. The NMFS Assistant Administrator has determined that
this rule is consistent with other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and opportunity for public comment on this action. Prior notice
and opportunity for public comment on this final rule would be
impracticable, unnecessary, and contrary to the public interest. The
removal of the prohibition on commercial fishing went into effect
immediately upon issuance of the Proclamation. Subject to federal
regulation, including regulations at 50 CFR 648.373, commercial fishing
may now take place within the Monument. This rule removes the
regulations at Sec. 600.725(x), which reflected the prior
Proclamations' prohibition on commercial fishing in the Monument, to
conform to the current Proclamation. This rule provides clarity and
certainty to the fishing industry that the restrictions on commercial
fishing no longer apply. Therefore, it is impracticable and contrary to
the public interest to provide for prior notice and opportunity for
public comment for removal of a regulation whose legal justification no
longer exists.
This final rule merely conforms U.S. fishing regulations to the
requirements of the Antiquities Act and the Presidential Proclamation
Unleashing Commercial Fishing in the Atlantic. The Magnuson-Stevens
Act, which governs the activities associated with commercial fishing in
the U.S. Exclusive Economic Zone, requires fishery management plans and
measures implemented by the Secretary of Commerce to be consistent with
all applicable law, including Presidential Proclamations issued under
the authority of the Antiquities Act. The Antiquities Act authorizes
the President to establish national marine monuments and to make the
final decision on what is protected and what uses will be restricted.
The Presidential Proclamation Unleashing Commercial Fishing in the
Atlantic is, therefore, within the President's authority under the
Antiquities Act. The President removed the prohibition on commercial
fishing within the Monument in the February 2026 Proclamation. This
action, which removes regulations that do not reflect current law, is
therefore not discretionary, making the opportunity for prior public
comment unnecessary because NMFS has no ability for public comment to
inform decision-making.
There is good cause to implement this action immediately upon
publication without a 30-day delay pursuant to 5 U.S.C. 553(d)(3).
Waiting an additional 30 days for this rule to become effective would
be impracticable, unnecessary, and contrary to the public interest for
all of the same reasons that it would be impracticable, unnecessary,
and contrary to the public interest to provide prior notice and
opportunity for public comment above and are not repeated. Further,
commercial fishing was allowed in the Monument on February 6, 2026,
upon release of the Presidential Proclamation Unleashing Commercial
Fishing in the Atlantic. Delaying effectiveness would only lengthen the
time period in which U.S. fishing regulations do not conform with other
applicable law and would create confusion within the fishing industry
as to whether commercial fishing is allowed within the Monument.
Moreover, for the same reason, the regulated industry does not need
time to prepare for the effectiveness of the removal of the regulation.
See 5 U.S.C. 553(d)(1).
The National Environmental Policy Act does not apply to this
action.
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Because this action merely conforms the Magnuson-Stevens Act
regulations to applicable law under the Presidential Proclamation
Unleashing Commercial Fishing in the Atlantic, NMFS has no discretion.
As a result, there is no decision-making process, and no alternatives
to consider. There is no ``proposal'' for action, as discussed in the
June 30, 2025, NOAA Administrative Order 216-6A Companion Manual.
This rule has been determined to be significant for purposes of
Executive Order (E.O.) 12866.
This final rule is considered an Executive Order 14192 deregulatory
action.
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 section (5)(b) and (c) of E.O.
13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and (c)(2)(B) of E.O. 13175 is not required and
has not been prepared.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 600
Fisheries, Fishing.
Dated: April 1, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
600 to read as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Sec. 600.725 [Amended]
0
2. Amend Sec. 600.725 by removing and reserving paragraph (x).
[FR Doc. 2026-06663 Filed 4-3-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 6, 2026.
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