Proposed Rule2026-07909
Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 17
Primary source
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Published
April 23, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing regulations to implement specifications and management measures in Framework Adjustment 17 to the Monkfish Fishery Management Plan (FMP). This action would set monkfish specifications for fishing year 2026, project specifications for fishing years 2027 and 2028, streamline the Annual Catch Limit (ACL) Overage Accountability Measure (AM) trigger, and add default specifications for the monkfish fishery. This action is necessary to respond to updated scientific information and achieve the goals and objectives of the FMP. The proposed measures are intended to help prevent overfishing and ensure that management measures are based on the best scientific information available.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Proposed Rules]
[Pages 21779-21782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07909]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260416-1000]
RIN 0648-BO16
Fisheries of the Northeastern United States; Monkfish; Framework
Adjustment 17
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 is proposing regulations to implement specifications and
management measures in Framework Adjustment 17 to the Monkfish Fishery
Management Plan (FMP). This action would set monkfish specifications
for fishing year 2026, project specifications for fishing years 2027
and 2028, streamline the Annual Catch Limit (ACL) Overage
Accountability Measure (AM) trigger, and add default specifications for
the monkfish fishery. This action is necessary to respond to updated
scientific information and achieve the goals and objectives of the FMP.
The proposed measures are intended to help prevent overfishing and
ensure that management measures are based on the best scientific
information available.
DATES: Public comments must be received by May 26, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-1263">https://www.regulations.gov/docket/NOAA-NMFS-2025-1263</a>. You may
submit comments, identified by NOAA-NMFS-2025-1263, by the following
method:
<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 type NOAA-NMFS-2025-1263 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). 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. 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. You may submit anonymous comments by
entering ``N/A'' in the required fields if you wish to remain
anonymous.
Copies of Framework Adjustment 17, including the draft Supplemental
Information Report prepared by the New England Fishery Management
Council in support of this action, are available from Dr. Cate O'Keefe,
Executive Director, New England Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950. The supporting documents are
also accessible via the internet at: <a href="https://www.nefmc.org/management-plans/monkfish">https://www.nefmc.org/management-plans/monkfish</a> or <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, (978) 281-9232.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed under the Monkfish FMP by
the New England and the Mid-Atlantic Fishery Management Councils
(Councils). The fishery extends from Maine to North Carolina from the
coast out to the end of the continental shelf. The Councils manage the
fishery as two management areas, with the Northern Fishery Management
Area (NFMA) covering the Gulf of Maine and northern part of Georges
Bank, and the Southern Fishery Management Area (SFMA) extending from
the southern flank of Georges Bank through Southern New England and
into the Mid-Atlantic Bight to North Carolina.
The monkfish fishery is primarily managed by landing limits and a
yearly allocation of monkfish days-at-sea (DAS) calculated to enable
vessels participating in the fishery to catch, but not exceed, the
target total allowable landings (TAL) and the annual catch target
(ACT), which is the TAL plus an estimate of expected discards, for each
management area.
Proposed Measures
1. Specifications
NMFS is proposing to adjust the NFMA and SFMA quotas for fishing
year 2026 and project quotas for fishing year 2027 and 2028, based on
the Councils' recommendations.
On August 19, 2025, the New England Council's Scientific and
Statistical Committee (SSC) recommended acceptable biological catch
(ABC) levels in the NFMA and SFMA for fishing years 2026-2028 based on
the Northeast Fisheries Science Center's 2025 Data Update for Northern
and Southern Monkfish and information provided by the New England
Council's Plan Development Team.
The Councils' recommended specifications include status quo ABC and
ACLs in both management areas relative to 2023-2025 values. Expected
discards, calculated using the median of the most recent 10 years of
data, slightly increased in the NFMA and marginally decreased in the
SFMA. After accounting for discards, the Councils recommended a 3-
percent decrease in the TAL for the NFMA and a less than 1-percent
increase in the TAL for the SFMA. Table 1 includes the proposed
[[Page 21780]]
catch limits for 2026-2028 and the change relative to the 2023-2025
specifications.
Table 1--Proposed Framework 17 Specifications
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Northern area Southern area
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Catch limits Proposed 2026-2028 % Change from 2023- Proposed 2026-2028 % Change from 2023-
Specs (mt) 2025 * Specs (mt) 2025 *
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ABC............................. 6,224 0 5,861 0
ACL............................. 6,224 0 5,861 0
Management Uncertainty (3%)..... 187 .................. 176 ..................
ACT (TAL + discards)............ 6,038 0 5,685 0
Expected Discards............... 863 18.4 2,198.5 -0.3
TAL............................. 5,309 -3 3,487 0.2
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* Percent change from the previously approved 2023-2025 specifications.
At the end of each fishing year, NMFS evaluates catch information
and determines if the quota has been exceeded. The regulations at 50
CFR 648.96(d) require revision of the monkfish ACT if it is determined
that the ACL was exceeded in any given year. NMFS would publish a
notice in the Federal Register of any revisions to these proposed
specifications if an overage occurs. NMFS expects, based on preliminary
2024 year-end accounting, that no adjustment is necessary for fishing
year 2026. NMFS will provide notice of the 2027 and 2028 quotas prior
to the start of each respective fishing year.
2. Annual Catch Limit Overage Accountability Measures
Under current regulations defining the ACL Overage AMs at Sec.
648.96(d)(2), if it is determined that the ACL for a stock was exceeded
in a given year, then the Councils are required to take action to
deduct the amount of the ACL overage from the ACT for that stock in the
second fishing year following the overage. Only if the Councils fail to
take action to implement this revision is the Regional Administrator
required to take action to implement the AM in accordance with the
Administrative Procedure Act and other applicable law.
In Framework 17, the Councils recommended removing the requirement
that the Councils trigger the ACL Overage AMs, making only the Regional
Administrator responsible for triggering the AMs. This change would
simplify and streamline the procedure for triggering AMs and minimize
disruption to Council workplans. Under the current regulations, if an
AM was required in a year where the Councils did not already plan to
take action on the Monkfish FMP, they would be required to modify their
priorities and/or workplans to accommodate new action, which might
require de-prioritization of other actions. Shifting responsibility to
trigger AMs to the Regional Administrator eliminates this issue; NMFS
already provides notice of annual monkfish quotas in the Federal
Register and would be able to implement any ACT revisions as part of
that process.
This rule proposes no other changes to the ACL Overage AMs.
3. Default Overfishing Limits (OFL), ABCs, and ACLs
NMFS is proposing to add regulations to define default OFLs, ABCs,
and ACLs that would go into place in the event that no specifications
for a fishing year are in place at the start of that fishing year.
Default rollover specifications were originally included in the
Councils' submission of Framework 13 to the Monkfish FMP. After
reviewing Framework 13 for consistency with the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) and
applicable law, NMFS approved Framework 13 and published a final rule
in the Federal Register on August 11, 2023 (88 FR 54495) (2023 Final
Rule). However, during the development of Framework 17 and in
discussions related to potential changes that might be considered under
the New England Council's Omnibus Management Flexibility Amendment,
NMFS discovered that changes to the monkfish regulations to clarify
rollover and default specifications in Sec. 648.96 were inadvertently
omitted from the 2023 Final Rule. As such, these regulations were never
put in place. This action would add regulations to define default
specifications in order to correct this omission.
The proposed regulations for the default measures were included in
the set of draft regulations that the Councils deemed as necessary and
appropriate for the implementation of Framework 17.
Classification
NMFS is issuing this rule pursuant to sections 304(b)(1)(A) of the
Magnuson-Stevens Act, which provide specific authority for implementing
this action. Section 304(b)(1)(A) authorizes NMFS to initiate an
evaluation of proposed regulations to determine whether they are
consistent with the fishery management plan, plan amendment, the
Magnuson-Stevens Act and other applicable law, and if that
determination is affirmative, publish the regulations in the Federal
Register for public comment.
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Monkfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is exempt from the requirements of Executive
Order 14192 because it is a routine fishing action.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this action, if adopted, would not have a
significant economic effect on a substantial number of small entities.
The Councils jointly manage the Monkfish FMP, with the New England
Council acting as the administrative lead for the Monkfish FMP.
Periodic framework adjustments are used to revise the Monkfish FMP in
response to new scientific information to support catch limits that
prevent overfishing and
[[Page 21781]]
other adjustments to improve management measures included in the FMP.
Framework Adjustment 17 to the Monkfish FMP would set specifications
for fishing years 2026-2028 and streamline how a set of reactive AMs
are triggered and implemented. Not part of Framework 17, but also
proposed under this action, are regulations that would establish
default OFLs, ABCs, and ACLs for the monkfish fishery.
The Regulatory Flexibility Act (RFA) requires Federal agencies to
consider disproportionality and profitability to determine the
significance of regulatory impacts. For RFA purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (North
American Industry Classification System (NAICS) code 11411) 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 in excess of $11
million for all its affiliated operations worldwide.
The affiliates data are assembled by NOAA, as of June 1st each
year, for analyses required by the RFA. Fishing vessels' permits are
linked together, an industry determination is made (finfish, shellfish,
no revenue), and firms are classified as small or large based on Small
Business Administration (SBA) guidelines. Following SBA guidelines, a
5-year average is used to determine which entities are classified as
small business entities under the NOAA guidelines, as well as to
measure total revenues for affiliate groups.
There are seven categories of monkfish permits in the Greater
Atlantic region (categories A, B, C, D, E, F, and H). Category A and B
permits are for vessels that do not have limited access permits for
Northeast multispecies or Atlantic sea scallops. Category C and D
permits are for vessels that have either a limited access Northeast
multispecies or limited access Atlantic sea scallop permit. Category E
permits are open access or incidental catch permits and may be obtained
by anyone with a valid vessel operator's license. Category F permits
are designed for fishing only in an offshore area. Vessels with
Category H permits may only use their Monkfish Days-at-Sea (DAS) in the
portion of the Southern Fishery Management Area south of 38[deg]40' N
latitude. In fishing year 2024, NMFS issued 487 limited-access
(Categories A, B, C, D, F, and H) and 1,390 open-access (Category E)
monkfish permits.
Based on 2024 data, the number of small business entities that may
be affected by this action is 281 entities, and there are 5 large
business entities that each had an average affiliate revenue over $11
million (approximately $18.3 million). Overall, the combined limited
access and open access monkfish permits (1,877) in fishing year 2024
were held by a total of 286 entities (small and large), as defined by
the RFA. Catch Accounting and Monitoring System records indicate that
about 22-24 percent of vessels with Federal monkfish permits landed at
least one pound of monkfish in fishing years 2022-2023, while only
approximately 7 percent landed at least 10,000 pounds (lb).
Furthermore, based on data from 2020-2024, it appears that the large
business entities are deriving a relatively small portion of monkfish
revenue compared to the small business entities; $34,670 average total
affiliate monkfish revenue from large business entities versus
$9,304,365 from small business entities. In other words, the large
business entities are deriving most of their total revenue from
landings other than monkfish, while small business entities appear to
have a greater proportion of revenue from monkfish landings.
Of the measures being proposed as part of the Framework 17, only
the specifications for fishing years 2026-2028 have bearing with
respect to fishery operation, landings, and ex-vessel revenues. The
other components of the proposed rulemaking (i.e., adjustments to the
mechanism for triggering AMs and establishment of rollover default
specifications) are relatively administrative in nature and unlikely to
directly impact fishing operations. At most, these are marginally
economically beneficial because they improve regulatory efficiency and
could reduce regulatory disruption to the fishery.
During the development of the fishing years 2026-2028 monkfish
specifications, NMFS and the Councils considered ways to reduce the
regulatory burden on and provide flexibility to the regulated
community. The measures implemented by the fishing years 2023-2025
monkfish specifications final rule increased both the short- and long-
term economic benefits on small entities. The proposed specifications
include status quo ABC for the northern monkfish stock for fishing
years 2026-2028 (6,224 metric tons (mt)) and status quo ABC for the
southern monkfish stock for fishing years 2026-2028 (5,861 mt) in
response to the 2025 Northeast Fisheries Science Center's data updates.
The proposed action keeps similar total allowable landings for the
northern and southern areas for fishing years 2026-2028. Effort
controls, namely Monkfish DAS and possession limits, would remain
unchanged from fishing years 2023-2025.
Overall, long-term impacts of fishing years 2026-2028 monkfish
specifications will ensure that management measures and catch levels
are sustainable and contribute to rebuilding stocks and, therefore,
maximizing yield, as well as providing additional flexibility for
fishing operations in the short term.
The positive economic benefits to small entities from this action
are associated with very minor changes to the total allowable landings
in the northern and southern areas for fishing year 2026-2028. This is
expected to have slightly positive economic benefits for the small
entities given the fishery would operate and likely achieve similar
monkfish landings akin to recent catch levels. The proposed action
would likely result in similar revenue from monkfish landings for
fishing years 2026-2028 relative to prior specifications, in fishing
years 2023-2025. Under the proposed action, positive benefits are not
disproportionate to large entities.
Additionally, proposed in Framework 17 is a change to the mechanism
by which the ACL Overage AMs are triggered. This is functionally an
administrative change and would not change the impacts that an AM would
have on the fishery if triggered. Finally, this action includes a
proposed change to add regulations defining default specifications for
the Monkfish FMP. These default specifications would maintain catch
levels equal to those set for the previous fishing year, and thus
landings would be consistent relative to that prior fishing year. As a
result, similar revenue from monkfish landings relative to prior
specifications is expected in the event that default specifications are
put into place.
Based on the analysis provided above, this action is not expected
to have a significant adverse impact on a substantial number of small
entities.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing.
Dated: April 16, 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:
[[Page 21782]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 648.96 by adding paragraph (c)(1)(iv) and revising
paragraph (d)(2) to read as follows:
Sec. 648.96 FMP review, specification, and framework adjustment
process.
* * * * *
(c) * * *
(1) * * *
(iv) Default OFLs, ABCs, and ACLs. If final specifications (OFLs,
ABCs, and ACLs) for a fishing year are not published in the Federal
Register in a manner consistent with this section for the start of that
fishing year, specifications for that fishing year shall be equal to
the prior fishing year's specifications for each stock, until
superseded by a final rule implementing new specifications.
(A) Specification of ACTs for each management area and accounting
for incidental catch in non-directed fisheries and discards in all
fisheries under default ACLs shall be consistent with what was adopted
for the previous year's specifications.
(B) [Reserved]
(d) * * *
(2) ACL overages and adjustments. If it is determined, based upon,
but not limited to, available landings and discard information, that
the ACL for a monkfish stock is exceeded in a given year, then the ACT
for that stock in the second fishing year following the fishing year in
which the ACL overage occurred shall be revised such that the ACL
overage is deducted from the ACT on a pound for pound basis. If
necessary, based on the scale of the deduction, management measures
(DAS and trip limits) may be revised after consultation with the
Councils. These adjustments shall be made in accordance with the
Administrative Procedure Act and other applicable law.
* * * * *
[FR Doc. 2026-07909 Filed 4-22-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 23, 2026.
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