Rule2026-08134
Fisheries of the Northeastern United States; Framework Adjustment 17 to the Mackerel, Squid, and Butterfish Fishery Management Plan
Primary source
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Published
April 27, 2026
Effective
April 27, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements Framework Adjustment 17 to the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). This action revises the Atlantic mackerel rebuilding plan, sets final 2026 and projects 2027 specifications, implements additional management measures for the mackerel fishery, and makes administrative revisions and corrections to existing regulations. This action is necessary to respond to updated scientific information from a September 2025 management track stock assessment. The management measures in this action are intended to help prevent overfishing, rebuild the overfished mackerel stock, provide additional opportunity to the fishing industry and achieve optimum yield, 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 80 (Monday, April 27, 2026)</title>
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[Federal Register Volume 91, Number 80 (Monday, April 27, 2026)]
[Rules and Regulations]
[Pages 22457-22466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08134]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260421-0107]
RIN 0648-BO40
Fisheries of the Northeastern United States; Framework Adjustment
17 to the Mackerel, Squid, and Butterfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: NMFS approves and implements Framework Adjustment 17 to the
Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). This
[[Page 22458]]
action revises the Atlantic mackerel rebuilding plan, sets final 2026
and projects 2027 specifications, implements additional management
measures for the mackerel fishery, and makes administrative revisions
and corrections to existing regulations. This action is necessary to
respond to updated scientific information from a September 2025
management track stock assessment. The management measures in this
action are intended to help prevent overfishing, rebuild the overfished
mackerel stock, provide additional opportunity to the fishing industry
and achieve optimum yield, and ensure that management measures are
based on the best scientific information available.
DATES: Effective April 27, 2026. Public comments must be received by
May 12, 2026.
ADDRESSES: A plain language summary of this interim final rule is
available at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-0793">https://www.regulations.gov/docket/NOAA-NMFS-2026-0793</a>.
You may submit comments on this document, identified by NOAA-NMFS-2026-
0793, by any of the following methods:
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-2026-0793 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 Framework Adjustment 17 (Framework 17), including the
Supplemental Information Report (SIR) and the Regulatory Impact Review
prepared by the Mid-Atlantic Fishery Management Council (Council) for
this action, are available from Dr. Christopher Moore, Executive
Director, Mid-Atlantic Fishery Management Council, 800 North State
Street, Suite 201, Dover, DE 19901. The supporting documents are also
accessible via the internet at: <a href="https://www.mafmc.org/actions/mackerel-rebuilding-and-2026-27-specs-fw">https://www.mafmc.org/actions/mackerel-rebuilding-and-2026-27-specs-fw</a>.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196.
SUPPLEMENTARY INFORMATION: NMFS manages the Atlantic mackerel, Illex
squid, longfin squid, butterfish, and chub mackerel fisheries pursuant
to the Mackerel, Squid, and Butterfish FMP in consultation with the
Council. Regulations implementing the Mackerel, Squid, and Butterfish
FMP appear at 50 CFR part 648, subpart B. In 2024, the FMP supported
commercial fisheries producing an overall $42.2 million in revenues,
approximately $1 million of which was attributed to the Atlantic
mackerel fishery. However, if fully harvested, the final 2026 mackerel
commercial quota implemented through this action could provide
additional fishing opportunities valued at approximately $16 million.
In September 2025, the Northeast Fisheries Science Center completed
an updated management track assessment for mackerel. The results of
this assessment indicate that the mackerel stock is no longer
overfished and overfishing is still not occurring. This change in stock
status is likely due to recent reductions in U.S. catch, closures of
the Canadian directed commercial fishery, and increased recruitment.
Recruitment in 2024 was estimated to be higher than the time series
median, with 2024 recruitment being the highest estimate since 1983.
Initial projections completed for the assessment indicate that the
stock would be rebuilt in 2025. However, the report noted that, because
the 2024 recruitment estimate was informed by fishery age composition
data from only a single year and is largely not informed by the fishery
independent survey indices incorporated into the model, there is a high
degree of uncertainty associated with that estimate. Therefore, the
resulting short-term projections may be overly optimistic. This is
consistent with previous mackerel assessments, which produced
overestimated terminal year recruitment estimates that had to be
adjusted downwards in subsequent assessments. During its October 2025
meeting, the Council's Scientific and Statistical Committee (SSC)
reviewed the results of the assessment and made recommendations for
2026-2027 mackerel acceptable biological catch (ABC). Due to the
uncertainty associated with the 2024 recruitment estimate, the SSC
recommended using an overfishing limit (OFL) coefficient of variation
of 100 percent and substituting short-term (2009-2023) median
recruitment for the 2024 estimate. This approach of using short-term
median recruitment is consistent with the approach that the SSC used
when recommending 2024-2025 mackerel ABCs. Revised projections
(completed after the SSC meeting) revealed that, relative to the
projections that were initially generated for the assessment,
substituting short-term median recruitment reduced the 2025 spawning
stock biomass estimate by approximately 60 percent.
In November 2025, the Mackerel, Squid, and Butterfish Committee and
the River Herring and Shad (RH/S) Committee met jointly to review the
SSC's recommendations, Advisory Panel and staff input, and updated
fishery data and to develop their recommendations for Framework 17.
During its December 2025 meeting, the Council reviewed updated fishery
information and the recommendations from the SSC, Committees, Advisory
Panel, and staff and finalized its own recommendations for Framework
17.
The regulations at Sec. 648.22(d)(1) provide that if annual
specifications for mackerel are not published in the Federal Register
prior to the start of the fishing year, the previous year's annual
specifications will remain in effect. Additionally, the regulations at
Sec. 648.22(e) provide the Regional Administrator with the authority
to adjust mackerel specifications in-season.
The 2026 fishing year for the mackerel fishery started on January
1, 2026, and the 2025 specifications rolled over and remained in
effect. Because there was not enough time to complete normal notice-
and-comment rulemaking for this action between the December 2025
Council meeting and the start of the fishing year, absent some
intervening action, the mackerel fishery would have continued to be
constrained by low rollover specifications from 2025; notably, a
commercial quota of 868 metric tons (mt). In accordance with the
regulations for in-season adjustments to specifications at Sec.
648.22(e), NMFS consulted with the Council during its December 2025
meeting on a possible in-season action to increase the rollover
mackerel specifications as soon as possible at the start of fishing
year 2026. The Council supported this approach, and NMFS subsequently
prepared an interim final rule to adjust the rollover mackerel fishery
specifications in 2026 (91 FR 8386; February 23, 2026). The final 2026
specifications implemented through this action replace the adjusted
2026 specifications that were implemented through the February 2026
interim final rule.
[[Page 22459]]
Summary of Approved Measures
This action implements the following management measures
recommended by the Council in Framework 17 to the Mackerel, Squid, and
Butterfish FMP pursuant to Magnuson-Stevens Act sections 303(c) and
304(b):
<bullet> Revisions to the mackerel rebuilding plan;
<bullet> Final 2026 and projected 2027 mackerel fishery
specifications;
<bullet> Increased initial commercial mackerel possession limits;
<bullet> Modified process for making in-season commercial fishery
possession limit adjustments; and
<bullet> Increased mode-specific (i.e., private, for-hire)
recreational mackerel possession limits.
This action also implements administrative revisions to existing
regulations pursuant to section 305(d) of the Magnuson-Stevens Act.
Although these revisions were not initiated by the Council, they are
necessary corrections and clarifications to the regulations, and the
Council did not object to including them in the Framework 17 rule.
Framework 17 Management Measures
Revised Mackerel Rebuilding Plan
On February 1, 2023, NMFS implemented a 10-year rebuilding plan for
mackerel through Amendment 23 (88 FR 6665). The rebuilding plan assumes
a fishing mortality rate (F) of 0.12; under this plan, the mackerel
stock is predicted to have a 61-percent probability of rebuilding by
2032. This action revises the rebuilding plan to assume an F of 0.15,
resulting in the mackerel stock having a 51-percent probability of
rebuilding by 2032. This is consistent with the Council's Risk Policy
for stocks under a rebuilding plan. However, the September 2025
management track assessment (which includes data through 2024)
indicates that the stock may have reached its rebuilding target in
2025. NMFS will confirm this during the next management track
assessment in 2027.
Final 2026 and Projected 2027 Mackerel Fishery Specifications
This action implements final 2026 projects 2027 mackerel fishery
specifications. The majority of the 2026 and projected 2027
specifications are substantially higher than the 2025 specifications
(table 1).
Table 1--2025, Final 2026, and Projected 2027 Mackerel Fishery Specifications (mt)
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Framework 17
Specification 2025 ---------------------------------
Final 2026 * Projected 2027
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ABC........................................................... 3,200 15,134 17,107
Canadian catch deduction...................................... 74 500 500
U.S. ABC/ACL.................................................. 3,126 14,634 16,607
Recreational catch deduction.................................. 2,143 2,500 2,500
Management uncertainty buffer................................. 0 610 610
Commercial annual catch target (ACT).......................... 983 11,524 13,497
Commercial discards........................................... 115 287 287
Domestic annual harvest (DAH) **/domestic annual processing... 868 11,237 13,210
Research set-aside (RSA) ***.................................. 0 0 0
Joint venture processing...................................... 0 0 0
Total allowable level of foreign fishing...................... 0 0 0
RH/S catch cap................................................ 129 129 129
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* The Framework 17 final 2026 mackerel fishery specifications replace the interim 2026 specifications that were
implemented in February 2026 (91 FR 8386).
** The DAH is also known as the commercial quota.
*** The Council's RSA program has been suspended since 2014.
Relative to the 2025 mackerel fishery specifications:
<bullet> The 2026 ABC is 373 percent higher and the projected 2027
ABC is 435 percent higher;
<bullet> The 2026 ACL is 368 percent higher and the projected 2027
ACL is 431 percent higher; and
<bullet> The 2026 DAH is 1,195 percent higher and the 2027 DAH is
1,422 percent higher.
In both 2026 and 2027, the deduction to account for expected
Canadian mackerel catch is increased to 500 mt. This is based on an
announcement from the Department of Fisheries and Oceans, Canada, that
the commercial mackerel fishery will remain closed, but there will be
an annual total allowable catch of 500 mt for mackerel in 2026 (440 mt
for the personal-use bait fishery, 20 mt for the bluefin tuna fishery,
20 mt for scientific sampling, and 20 mt bycatch). The deduction to
account for expected recreational mackerel catch is also increased to
2,500 mt for both years. This change reflects general variability in
recreational catch and uncertainty in recreational catch estimates, as
well as the fact that the Council recommended an increase to
recreational possession limits as part of this framework (see details
below). The 610-mt management uncertainty buffer was calculated based
on one day of high-volume landings in a highly productive year for the
mackerel fishery and is designed to help ensure that closures of the
commercial mackerel fishery can be completed on time to prevent
overages of the commercial ACT and ACL as the fishery ramps back up
again in 2026-2027. Commercial discard estimates in 2026-2027 also
increased to 287 mt, which was calculated based on average annual
commercial discards over the most recent two years. Finally, the 129-mt
RH/S catch cap that has been in place since 2023 remains unchanged by
this action.
Initial Commercial Mackerel Possession Limits
The commercial mackerel fishery has been operating under reduced
initial possession limits since October 13, 2023, when an emergency
action designed to constrain the directed mackerel fishery and prevent
overfishing from occurring went into effect (88 FR 70909). This action
implements new initial commercial mackerel possession limits that are
higher than the current commercial possession limits (table 2).
[[Page 22460]]
Table 2--Initial Commercial Mackerel Possession Limits by Mackerel Permit Category
[Pounds (lb) and metric tons (mt)]
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Current possession
Permit type Permit category limit New possession limit
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Limited access....................... Tier 1................. 20,000 lb (9.07 mt).... 200,000 lb (90.72 mt).
Limited access....................... Tier 2................. 20,000 lb (9.07 mt).... 135,000 lb (61.23 mt).
Limited access....................... Tier 3................. 20,000 lb (9.07 mt).... 100,000 lb (45.36 mt).
Open access.......................... Category 4............. 5,000 lb (2.27 mt)..... 20,000 lb (9.07 mt).
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These possession limits will take effect annually at the beginning
of the fishing year on January 1. With the exception of Tier 1 limited
access permits (which previously started the year with unlimited
mackerel possession), the new possession limits for every permit
category are identical to those that were in place prior to October
2023. The 200,000-lb (90.72-mt) possession limit for Tier 1 limited
access vessels is based on mackerel fishery landings from 2019-2021,
during which 64 percent of total mackerel landings were attributed to
trips that landed over 200,000 lb. The 200,000-lb (90.72-mt) possession
limit is expected to be high enough to facilitate harvest of the
increased 2026 and projected 2027 DAHs in this rule, but catch rates
would not be as high as they were in previous years when Tier 1 limited
access vessels could catch unlimited mackerel.
In-Season Commercial Possession Limit Adjustment Process
The regulations at Sec. 648.24(b)(1)(i) require NMFS to close the
directed commercial mackerel fishery for the remainder of the fishing
year when the Regional Administrator projects that 80 percent of the
DAH is harvested.\1\ During such a closure, the possession limit for
vessels issued a limited access mackerel permit (Tier 1, Tier 2, and
Tier 3) is reduced to 10,000 lb (4.54 mt) per trip, and the possession
limit for vessels issued an open access mackerel permit (Category 4) is
reduced to 2,500 lb (1.13 mt) of mackerel per trip.
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\1\ NMFS has the discretion to not implement such a closure
during November and December if the Regional Administrator projects
that the DAH will not be exceeded by the end of the fishing year,
and this would not change under the action here.
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This action modifies the process through which NMFS makes in-season
adjustments to the commercial mackerel possession limit by breaking the
year into three phases. During phase 1, which starts at the beginning
of the fishing year (January 1), vessels issued commercial Federal
mackerel permits will be subject to the initial possession limits in
table 2. Phase 2 begins when 1,100 mt of the DAH remains; during phase
2, the commercial possession limit is reduced to 20,000 lb (9.07 mt)
for limited access vessels and 5,000 lb (2.27 mt) for open access
vessels. Phase 3 begins when 220 mt of the DAH remains; during phase 3,
the directed mackerel fishery is effectively closed, and the commercial
possession limits are reduced to 10,000 lb (4.54 mt) per trip for
limited access vessels and 2,500 lb (1.13 mt) per trip for open access
vessels to allow for some incidental levels of catch while vessels are
engaged in other fisheries. This multi-phase possession limit
adjustment process is expected to slow the commercial fishery down as
catch approaches the DAH, reducing the likelihood of the ACL being
exceeded.
Recreational Mackerel Possession Limits
In February 2023, NMFS established a 20-fish per person
recreational mackerel possession limit through Amendment 23. This
action implements increased mode-specific recreational mackerel
possession limits (table 3).
Table 3--Recreational Mackerel Possession Limits
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Current possession New possession
Mode limit limit
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Private recreational anglers.... 20 fish/person per 25 fish/person per
trip. trip.
For-hire vessels carrying 20 fish/person per 50 fish/person per
customers. trip (including trip (including
captains and captains and
crew). crew).
For-hire vessels without 20 fish/person per 25 fish/person per
customers. trip. trip.
------------------------------------------------------------------------
The new recreational possession limits will increase recreational
fishing opportunities for mackerel, consistent with the increased
specifications that are implemented through this action. The 50-fish
per person possession limit for for-hire vessels carrying customers is
intended to address concerns voiced by industry that people are
discouraged from booking mackerel trips at lower possession limits.
Additional Measures and Administrative Revisions and Corrections
Duplicative Regulatory Text
The recordkeeping and reporting requirements regulations at Sec.
648.7(b)(1)(ii) require the owner or operator of a vessel issued a
limited access mackerel permit to report catch of mackerel daily via
vessel monitoring system (VMS), unless exempted by the Regional
Administrator. This regulatory text is duplicated at Sec.
648.7(b)(3)(ii). This rule removes this language from Sec.
648.7(b)(1)(ii) in order to streamline the regulations and remove
redundant text.
The mackerel, squid, and butterfish specifications regulations at
Sec. 648.22(a)(4)(ii) allow the longfin squid specifications to be
adjusted in-season, pursuant to Sec. 648.22(e). The regulations at
Sec. 648.22(e) allow the Regional Administrator to adjust the
specifications set under the Mackerel, Squid, and Butterfish FMP in-
season. Because Sec. 648.22(e) applies to all species managed under
the Mackerel, Squid, and Butterfish FMP, the longfin squid-specific
regulations at Sec. 648.22(a)(4)(ii) are not necessary. This
[[Page 22461]]
rule removes paragraph Sec. 648.22(a)(4)(ii) to streamline the
regulations.
Errors in Existing Regulatory Text
The mackerel, squid, and butterfish fishery closure and
accountability measure (AM) regulations at Sec. 648.24(a)(2) require
NMFS to close the directed Illex squid fishery in Federal waters when
we project that 94 percent of the DAH has been harvested. On August 9,
2022, the final rule implementing revised 2022 Illex squid fishery
specifications increased the closure threshold from 94 percent to 96
percent (87 FR 48447). The rule explained that because recent
improvements in catch reporting had enabled NMFS to more effectively
monitor and close the fishery, raising the closure threshold to 96
percent was still expected to avoid ABC overages. Because that change
was made through an annual specifications action, the final rule
expired on December 31, 2022. When it did, all of paragraph Sec.
648.24(a)(2) was removed from the Code of Federal Regulations. The
final rule to implement 2023-2025 specifications for the Mackerel,
Squid, and Butterfish FMP restored this text on July 27, 2023 (88 FR
48389); however, the closure threshold was erroneously returned to the
earlier 94 percent. This rule corrects that typographical error and
sets the Illex squid fishery closure threshold back at 96 percent.
On September 23, 2025, NMFS published a final rule that changed the
minimum square mesh size for vessels possessing more than 5,000 lb
(2.27 mt) of butterfish, reducing it from greater than or equal to 3
inches (7.62 centimeters (cm)) to greater than 2 \5/8\ inches (6.67 cm)
(90 FR 45674). Through that rule, NMFS revised the butterfish gear
restrictions regulations at Sec. 648.23 to reflect the new minimum
square mesh size but missed updating several other pertinent
regulations. This action revises those other regulations to reflect the
correct minimum square mesh size.
The black sea bass ACL regulations at Sec. 648.140(a) erroneously
reference scup instead of black sea bass. This rule corrects that
typographical error.
Comment Period Requirement for Mackerel, Squid, and Butterfish
Specifications
The mackerel, squid, and butterfish fishery specifications
regulations at Sec. 648.22(d)(1) require proposed specifications to be
published in the Federal Register with a 30-day public comment period.
However, section 304(b) of the Magnuson-Stevens Act allows the
Secretary to publish proposed regulations from the Council in the
Federal Register with a public comment period of 15 to 60 days. This
provision was added to the statute through the Sustainable Fisheries
Act of 1996, years after the regulation requiring a 30-day comment
period was developed as part of the Mackerel, Squid, and Butterfish
FMP. In order to increase efficiency in the specifications-setting
process, allow for consistency with other regional FMP regulations, and
fully utilize the flexibility that is available in the Magnuson-Stevens
Act, this rule removes the 30-day comment period requirement for
mackerel, squid, and butterfish specifications from the regulations at
Sec. 648.22(d)(1). The Council supported this change at its June 2025
meeting.
AM Implementation Deadlines for the Mackerel, Squid, and Butterfish FMP
The mackerel, squid, and butterfish fishery closure and AM
regulations at Sec. 648.24 require NMFS to make determinations about
whether catch in a given fishing year caused the Atlantic mackerel and/
or butterfish ACLs to be exceeded, and whether AMs need to be
implemented.
The regulations Sec. 648.24 further specify that AMs to account
for Atlantic mackerel or butterfish ACL overages must be implemented by
May 15. This deadline is impractical given the timing of when NMFS
receives the data required to evaluate whether an ACL overage occurred
(e.g., Marine Recreational Information Program, state data) and how
long it takes those data to be reviewed and finalized. In order to
avoid making management decisions based on incomplete information and
ensure that potential payback amounts are accurate and AMs are not
implemented when they are not necessary, this rule removes these
specific timing requirements for Atlantic mackerel and butterfish AM
implementation from the regulations at Sec. 648.24. Instead, this rule
revises the regulations to state more broadly that AMs will be
implemented as soon as possible in a following year. This is consistent
with how NMFS handles data delays and the timing of AM implementation
for other regulated fisheries, including chub mackerel and other high-
volume fisheries such as Atlantic herring. The Council supported this
change at its June 2025 meeting.
Recreational Mackerel Specifications and AMs
On September 29, 2011, the ACL and AM Omnibus Amendment (76 FR
60606) brought all Council-managed FMPs into compliance with the ACL
and AM requirements that were added to the Magnuson-Stevens Act in
2007. Among other measures, this action revised the way that mackerel
specifications are structured and created a recreational ACT that
consisted of research set-aside, dead discards, and the recreational
harvest limit (RHL). Amendment 11 to the Mackerel, Squid, and
Butterfish FMP (76 FR 68642; November 7, 2011) implemented the first
recreational allocation for mackerel. The recreational allocation was
set equal to 6.2 percent of the U.S. mackerel ABC, which was the
proportion of mackerel landings that were attributed to the
recreational fishery during 1997-2007, multiplied by 1.5 to buffer for
uncertainty in recreational catch estimates. The final rule
implementing 2012 specifications (77 FR 16472; March 21, 2012)
maintained this approach for setting the mackerel allocation and set
the remainder of the mackerel specifications according to the
provisions of the ACL and AM Omnibus Amendment for the first time. The
recreational ACT was set equal to the recreational allocation minus 10
percent to account for uncertainty, and the RHL was set equal to the
recreational ACT.
Framework Adjustment 13 (84 FR 58053; October 20, 2019) modified
the way that recreational mackerel specifications were structured.
Under Framework 13, the recreational allocation was treated as a set-
aside (rather than a hard quota) to account for expected recreational
catch of mackerel. The recreational allocation was deducted from the
U.S. mackerel ABC and was calculated as the median annual recreational
mackerel catch during 2013-2017. No additional recreational
specifications (e.g., recreational ACT, RHL) were included in this new
approach.
Amendment 23 further revised management of the recreational
mackerel fishery by introducing a 20-fish per-person/per-trip
possession limit. The recreational allocation (now called the
``recreational catch deduction'') was calculated as annual average
recreational catch during 2017-2021, minus 17 percent, accounting for
the effect of the new possession limit. The recreational catch
deduction was still treated as a set-aside, being subtracted from the
U.S. ABC before commercial specifications were calculated.
Despite these changes in the way recreational mackerel catch has
been handled as part of the specifications process, the mackerel
specifications regulations at Sec. 648.22 and the mackerel AM
regulations at Sec. 648.24 still reference elements that are no longer
[[Page 22462]]
part of the FMP (e.g., recreational ACT, RHL). This action revises
those regulations to reflect the current process for setting
recreational mackerel specifications.
ACL Regulations for Council-Managed Species
The National Standard 1 guidelines at Sec. 648.310(f)(4)(iv) state
that ACLs may be set lower than the ABC to account for ecological,
economic, and/or social factors. However, the ACL regulations for
several Council-managed species state that ACLs shall be equal to the
ABCs recommended by the SSC. This rule revises the following ACL
regulations to streamline specifications-setting discussions, provide
greater flexibility for the Council's Monitoring Committees, and align
those species' ACL regulations with the National Standard 1 guidelines:
<bullet> Butterfish ACL regulations at Sec. 648.22(b)(3)(ii);
<bullet> Surfclam and ocean quahog ACL regulations at Sec.
648.70(a);
<bullet> Summer flounder ACL regulations at Sec. 648.100;
<bullet> Scup ACL regulations at Sec. 648.120(a);
<bullet> Black sea bass ACL regulations at Sec. 648.140(a);
<bullet> Bluefish ACL regulations at Sec. 648.160;
<bullet> Golden tilefish ACL regulations at Sec. 648.290(a); and
<bullet> Blueline tilefish ACL regulations at Sec. 648.290(b).
The Regional Administrator consulted with the Council on this topic
during its December 2025 meeting, and the Council was supportive of
NMFS making these administrative changes.
Comments and Responses
NMFS published an in-season interim final rule on February 23, 2026
(91 FR 8386) to increase the rollover 2025 mackerel fishery
specifications in 2026, and the public comment period ended on March
25, 2026. In that rule, we indicated that any comments received during
the public comment period would be addressed through the rulemaking
process for Framework 17. Therefore, a summary of comments received on
the February interim final rule, and NMFS' responses, is presented in
this rule. We received comments from three members of the public during
the comment period: Two commenters were generally opposed to commercial
fishing, and one of those commenters supported the transition to farm-
or lab-grown protein sources instead. Neither of these commentors
specifically mentioned the specifications contained in the interim
final rule. The third commenter referenced the 2026 mackerel quota and
RH/S catch cap contained in the interim final rule. NMFS' responses to
the elements contained in this comment are provided below.
Comment 1: A member of the public urged NMFS to maintain or
consider reducing the mackerel quota for 2026, stating that the
mackerel stock is heavily pressured by all fisheries, especially now
that the Atlantic herring population has declined.
Response 1: Because the best scientific information available
indicates that mackerel stock status has improved over time, NMFS
disagrees that mackerel specifications should be maintained or reduced
in 2026. The 2025 mackerel fishery specifications were based on a 2023
management track stock assessment that found the mackerel stock had
unexpectedly failed to rebuild. Initial projections generated for the
assessment projected in a spawning stock biomass (SSB) in 2025 of
85,584 mt; based on advice from the SSC, this projection was later
reduced to 61,060 mt. The 2026 mackerel fishery specifications that
were contained in the February 2026 interim final rule (as well as the
final 2026 specifications contained in Framework 17) are based on the
results of an updated 2025 management track stock assessment, which
found that the mackerel stock is no longer overfished and overfishing
is still not occurring. Further, initial projections from the 2025
assessment indicated that the stock would be rebuilt in 2025, and SSB
in 2025 was projected to be 240,626 mt. Even after substituting the
SSC's recommended recruitment value to account for scientific
uncertainty in the assessment, the resulting revised 2025 SSB
projection (104,772 mt) was still much higher than the projections
generated for the 2023 assessment.
Comment 2: The same member of the public asked NMFS to consider
reducing the RH/S quota because the populations for these fish are at
historic lows and they are frequently caught as bycatch. The commenter
stated that it makes no sense to have a season at all for these
critical fish.
Response 2: NMFS agrees that protection of RH/S is important. The
Atlantic States Marine Fisheries Commission is primarily responsible
for the conservation and management of RH/S species. NMFS notes that
there is no Federal quota or fishing season for RH/S (i.e., vessels may
not take trips targeting RH/S species in Federal waters at any point
during the year). To protect RH/S species in Federal waters, NMFS
limits the amount of RH/S that can be caught incidentally by vessels
participating in the mackerel fishery through the use of a catch cap.
Once the Regional Administrator projects that 95 percent of the RH/S
catch cap has been harvested, NMFS closes the Federal limited access
commercial mackerel fishery (i.e., implements a mackerel possession
limit of 20,000 lb (9.07 mt) per trip) for the remainder of the fishing
year. The catch cap is intended to reduce catch of RH/S in the mackerel
fishery by providing vessels with an incentive to avoid these fish.
Importantly, the RH/S catch cap has not increased despite the much
larger mackerel quota for 2026. The Council is able to adjust the catch
cap in a future action should the need arise.
Classification
NMFS is implementing the Council's recommended Framework 17
measures pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act,
which provides specific authority for implementing regulations prepared
under section 303(c). Pursuant to section 305(d) of the Magnuson-Steven
Act, this action is necessary to allow NMFS to implement, revise, and
correct measures developed through previous management actions. The
NMFS Assistant Administrator has determined that this interim final
rule is consistent with the Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This interim final rule has been determined to be not significant
for purposes of Executive Order (E.O.) 12866.
This interim final rule is exempt from the requirements of E.O.
14192 because it is a routine fishing action.
Because prior notice and opportunity for public comment are not
required for this interim final 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 interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
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 sections (5)(b) and (5)(c) of
E.O. 13175
[[Page 22463]]
also do not apply. A Tribal summary impact statement under section
(5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not required and
has not been prepared.
The Assistant Administrator for Fisheries has determined under 5
U.S.C. 553(b)(B) that it is contrary to the public interest to provide
for prior notice for this action. It is necessary to implement the
measures in this rule in an expedited manner in order to achieve
optimum yield in the mackerel fishery. Similarly, the need to implement
these measures to relieve restrictions on the commercial, recreational,
and for-hire fisheries in a timely manner constitutes good cause, under
authority contained in 5 U.S.C. 553(d)(1), to waive the 30-day delay in
the date of effectiveness and to make Framework 17 measures effective
as soon as possible.
Without this rule, vessels issued a Federal commercial mackerel
permit will continue to be constrained by low incidental possession
limits (i.e., 20,000 lb (9.07 mt) per trip for limited access vessels,
and 5,000 lb (2.27 mt) per trip for open access vessels). These
possession limits were implemented in October 13, 2023 (88 FR 70909),
after a management track stock assessment showed that the mackerel
stock had unexpectedly failed to rebuild, and they were designed to
limit the directed mackerel and keep catch within the lower
specifications that were in place during 2023-2025. Based on the best
scientific information available, those commercial mackerel possession
limits are too restrictive and no longer appropriate for the current
condition of the stock. Initial projections from a September 2025
management track stock assessment indicated that the mackerel stock may
have reached its rebuilding target in 2025 and suggested that catch in
2026 could be as high as 50,376 mt without exceeding the fishing
mortality rate overfishing threshold. Additionally, in prior years when
mackerel specifications were higher than they were in 2023-2025, there
was substantial fishing activity early in the year. Delaying
implementation of Framework 17 will result in lost commercial fishing
opportunities while resource condition and availability are good.
Further, feedback from vessel owners and operators with Federal squid/
mackerel/butterfish charter/party permits suggests that for-hire trip
bookings dropped when the 20-fish per person recreational mackerel
possession limit was implemented because customers felt that it was too
low. Implementing Framework 17 as soon as possible will alleviate this
constraint on the recreational mackerel fishery and ensure that the
recreational possession limits are reflective of the stock's improved
condition.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 22, 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
648 as follows:
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. 648.4 by revising paragraphs (a)(5)(iii)(B) and
(a)(5)(iv) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
(iii) * * *
(B) Limited access mackerel permits. Except for vessels that fish
exclusively in state waters for Atlantic mackerel, a vessel of the
United States must have been issued and carry on board a Tier 1, Tier
2, or Tier 3 limited access Atlantic mackerel permit to fish for,
possess, or land more than 20,000 lb (9.07 mt) of Atlantic mackerel per
trip, provided the commercial Atlantic mackerel possession limits have
not been adjusted in-season as specified in Sec. 648.24(b)(1). This
includes both vessels engaged in pair trawl operations.
* * * * *
(iv) Open access mackerel permits. Any vessel of the United States
may obtain an open access Atlantic mackerel permit to fish for,
possess, or land up to 20,000 lb (9.07 mt) of Atlantic mackerel as an
incidental catch in another directed fishery, provided that the vessel
does not exceed the size restrictions specified in paragraph
(a)(5)(iii)(A) of this section, and provided the commercial Atlantic
mackerel possession limits have not been adjusted in-season as
specified in Sec. 648.24(b)(1). The incidental catch allowance may be
revised by the Regional Administrator based upon a recommendation by
the Council following the procedure set forth in Sec. 648.22.
* * * * *
Sec. 648.7 [Amended]
0
3. Amend Sec. 648.7 by removing and reserving paragraph (b)(1)(ii).
* * * * *
0
4. Amend Sec. 648.14 by:
0
a. Revising paragraphs (g)(1)(ii) and (g)(2)(ii)(F); and
0
b. Removing paragraphs (g)(2)(ii)(G) and (H).
The revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(g) * * *
(1) * * *
(ii) Recreational possession. Take and retain, possess, or land
Atlantic mackerel in excess of the recreational limits contained in
Sec. 648.26(a)(6).
* * * * *
(2) * * *
(ii) * * *
(F) Possess more than the incidental catch allowance of butterfish,
unless issued a butterfish moratorium permit.
* * * * *
0
5. Amend Sec. 648.22 by:
0
a. Revising paragraph (a)(3);
0
b. Removing and reserving paragraph (a)(4)(ii);
0
c. Revising paragraphs (b)(2)(iv), (v), and (vi);
0
d. Adding paragraph (b)(2)(vii); and
0
e. Revising paragraphs (b)(3)(ii), (c)(1)(ii), and (d)(1).
The revisions and addition read as follows:
Sec. 648.22 Mackerel, squid, and butterfish specifications.
(a) * * *
(3) Atlantic mackerel--ACL; commercial ACT, including RSA, DAH,
Atlantic mackerel Tier 3 landings cap (up to 7 percent of the DAH),
DAP; joint venture processing (JVP) if any; TALFF, if any; and
recreational catch deduction for Atlantic mackerel; which, subject to
annual review, may be specified for a period of up to 3 years. The
Monitoring Committee may also recommend that certain ratios of TALFF,
if any, for Atlantic mackerel to purchases of domestic harvested fish
and/or domestic processed fish be established in relation to the
initial annual amounts.
* * * * *
(b) * * *
(2) * * *
(iv) Recreational catch deduction. The recreational catch deduction
is the estimated catch (landings and discards) of Atlantic mackerel by
the recreational fishing sector for the upcoming fishing year.
(v) Commercial sector ACT. The commercial sector ACT will be set
after the recreational catch deduction is
[[Page 22464]]
subtracted from the ACL. The Monitoring Committee shall identify and
review relevant sources of management uncertainty to recommend the ACT
for the commercial fishing sector as part of the specifications
process. Commercial ACT is composed of RSA, DAH, Tier 3 landings cap
(up to 7 percent of DAH), dead discards, and TALFF, if any. RSA will be
based on requests for research quota as described in paragraph (g) of
this section. DAH, Tier 3 landings cap (up to 7 of the DAH), DAP, and
JVP will be set after deduction for RSA, if applicable, and must be
projected by reviewing data from sources specified in paragraph (b) of
this section and other relevant data, including past domestic landings,
projected amounts of Atlantic mackerel necessary for domestic
processing and for joint ventures during the fishing year, projected
recreational landings, and other data pertinent for such a projection.
The JVP component of DAH is the portion of DAH that domestic processors
either cannot or will not use. Economic considerations for the
establishment of JVP and TALFF include:
(A) Total world export potential of Atlantic mackerel producing
countries.
(B) Total world import demand of Atlantic mackerel consuming
countries.
(C) U.S. export potential based on expected U.S. harvests, expected
U.S. consumption, relative prices, exchange rates, and foreign trade
barriers.
(D) Increased/decreased revenues to the U.S. from foreign fees.
(E) Increased/decreased revenues to U.S. harvesters (with/without
joint ventures).
(F) Increased/decreased revenues to U.S. processors and exporters.
(G) Increases/decreases in U.S. harvesting productivity due to
decreases/increases in foreign harvest.
(H) Increases/decreases in U.S. processing productivity.
(I) Potential impact of increased/decreased TALFF on foreign
purchases of U.S. products and services and U.S.-caught fish, changes
in trade barriers, technology transfer, and other considerations.
(vi) Performance review. The Mackerel, Squid, and Butterfish
Committee shall conduct a detailed review of fishery performance
relative to the Atlantic mackerel ACL at least every 5 years.
(A) If the Atlantic mackerel ACL is exceeded with a frequency
greater than 25 percent (i.e., more than once in 4 years or any 2
consecutive years), the Mackerel, Squid, and Butterfish Monitoring
Committee will review fishery performance information and make
recommendations to the MAFMC for changes in measures intended to ensure
ACLs are not exceeded as frequently.
(B) The MAFMC may specify more frequent or more specific ACL
performance review criteria as part of a stock rebuilding plan
following a determination that a stock has become overfished.
(C) Performance reviews shall not substitute for annual reviews
that occur to ascertain if prior year ACLs have been exceeded, but may
be conducted in conjunction with such reviews.
(vii) River herring and shad catch cap. The Monitoring Committee
shall provide recommendations regarding a cap on the catch of river
herring (alewife and blueback) and shad (American and hickory) in the
Atlantic mackerel fishery based on best available scientific
information, as well as measures (seasonal or regional quotas, closure
thresholds) necessary for implementation.
(3) * * *
(ii) ACL. The butterfish ACL shall not exceed the butterfish ABC.
* * * * *
(c) * * *
(1) * * *
(ii) The commercial ACT for Atlantic mackerel.
* * * * *
(d) * * *
(1) The Mackerel, Squid, and Butterfish Committee will review the
recommendations of the Monitoring Committee. Based on these
recommendations and any public comment received thereon, the Mackerel,
Squid, and Butterfish Committee must recommend to the MAFMC appropriate
specifications and any measures necessary to assure that the
specifications will not be exceeded. The MAFMC will review these
recommendations and, based on the recommendations and any public
comment received thereon, must recommend to the Regional Administrator
appropriate specifications and any measures necessary to assure that
the ACL will not be exceeded. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental,
economic, and social impacts of the recommendations. The Regional
Administrator will review the recommendations and will publish a
proposed rule in the Federal Register proposing specifications and any
measures necessary to assure that the specifications will not be
exceeded. If the proposed specifications differ from those recommended
by the MAFMC, the reasons for any differences must be clearly stated
and the revised specifications must satisfy the criteria set forth in
this section. The MAFMC's recommendations will be available for
inspection at the office of the Regional Administrator during the
public comment period. If the annual specifications for Illex squid,
longfin squid, Atlantic mackerel, Atlantic chub mackerel, or butterfish
are not published in the Federal Register prior to the start of the
fishing year, the previous year's annual specifications, excluding
specifications of TALFF, will remain in effect. The previous year's
specifications will be superseded as of the effective date of the final
rule implementing the current year's annual specifications.
* * * * *
0
6. Amend Sec. 648.24 by revising paragraphs (a)(2), (b), (c)(1),
(c)(2), (c)(4), and (e)(2) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
(a) * * *
(2) Illex. NMFS shall close the directed Illex fishery in the EEZ
when the Regional Administrator projects that 96 percent of the Illex
DAH is harvested. The closure of the directed fishery shall be in
effect for the remainder of that fishing period, with incidental
catches allowed as specified at Sec. 648.26.
(b) Atlantic Mackerel AMs--Possession Limit Adjustments--(i)
Possession Limit Adjustment--Phase 2. When the Regional Administrator
projects that 1,100 mt of the Atlantic mackerel DAH is remaining, NMFS
will reduce the commercial Atlantic mackerel possession limits as
specified in Sec. 648.26(a)(2) for the remainder of the fishing year.
(ii) Possession Limit Adjustment--Phase 3. When the Regional
Administrator projects that 220 mt of the Atlantic mackerel DAH is
remaining, NMFS will reduce the commercial mackerel possession limits
as specified in Sec. 648.26(a)(3) for the remainder of the fishing
year.
(iii) Regional Administrator discretion. NMFS has the discretion to
not implement measures outlined in paragraph (b)(1)(ii) of this section
during November and December if the Regional Administrator projects
that commercial Atlantic mackerel landings will not exceed the DAH
during the remainder of the fishing year.
(2) Atlantic mackerel commercial landings overage repayment. If the
Atlantic mackerel ACL is exceeded and commercial fishery landings are
responsible for the overage, then
[[Page 22465]]
landings in excess of the DAH will be deducted from the DAH as a
single-year adjustment as soon as possible in a subsequent year.
(3) Non-landing AMs. In the event that the Atlantic mackerel ACL is
exceeded, and that the overage has not been accommodated through the
landing-based AM described in paragraph (b)(2) of this section, but is
attributable to the commercial sector, then the exact amount, in
pounds, by which the commercial Atlantic mackerel ACT was exceeded will
be deducted from the commercial Atlantic mackerel ACT as a single-year
adjustment as soon as possible in a subsequent year.
(4) Atlantic mackerel recreational AMs. If the Atlantic mackerel
ACL is exceeded and recreational fishery catch is responsible for the
overage, then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made as soon as possible in a
subsequent year.
(5) Atlantic mackerel ACL overage evaluation. The Atlantic mackerel
ACL will be evaluated based on a single-year examination of total catch
(landings and discards). Both landings and dead discards will be
evaluated in determining if the Atlantic mackerel ACL has been
exceeded. NMFS shall make determinations about overages and implement
any changes to the Atlantic mackerel specifications necessary to
account for the ACL overage as a single-year adjustment, in accordance
with the Administrative Procedure Act, through notification in the
Federal Register.
(6) River herring and shad catch cap. The river herring and shad
cap on the Atlantic mackerel fishery applies to all trips that land
more than 20,000 lb (9.07 mt) of Atlantic mackerel. NMFS shall close
the limited access Atlantic mackerel fishery in the EEZ when the
Regional Administrator projects that 95 percent of the river herring/
shad catch cap has been harvested. Following closures of the limited
access Atlantic mackerel fishery, vessels must adhere to the possession
restrictions specified in Sec. 648.26.
(c) * * *
(1) Directed butterfish fishery closure. When the butterfish catch
reaches the butterfish closure threshold as determined in the annual
specifications, NMFS shall implement a 5,000 lb (2,268 kg) possession
limit for vessels issued a butterfish moratorium permit that are
fishing with a minimum mesh size of 3-inch (7.62-cm) diamond mesh or
greater than 2 5/8-inch (6.67-cm) square mesh. When NMFS projects that
the butterfish catch has reached the butterfish DAH, as determined in
the annual specifications, NMFS shall implement a 600 lb (272 kg)
possession limit for all vessels issued a longfin squid or butterfish
moratorium permit, or a squid/butterfish incidental catch permit.
(2) Butterfish ACL overage repayment. If the butterfish ACL is
exceeded, then catch in excess of the ACL will be deducted from the ACL
as a single-year adjustment as soon as possible in a subsequent year.
* * * * *
(4) Butterfish ACL overage evaluation. The ACL will be evaluated
based on a single-year examination of total catch (landings and
discards). Both landings and dead discards will be evaluated in
determining if the ACL has been exceeded. NMFS shall make
determinations about overages and implement any changes to the ACL as a
single-year adjustment, in accordance with the Administrative Procedure
Act, through notification in the Federal Register, as soon as possible
in a subsequent year.
* * * * *
(e) * * *
(2) Overage repayment. The Regional Administrator will evaluate
both landings and dead discards in a single year to determine if the
Atlantic chub mackerel ACL specified in Sec. 648.22(b)(5) has been
exceeded. If the Atlantic chub mackerel ACL has been exceeded, then
catch in excess of the Atlantic chub mackerel ACT will be deducted from
the Atlantic chub mackerel ACT as a single-year adjustment as soon as
possible in a subsequent year. The Regional Administrator shall
implement any changes to the Atlantic chub mackerel ACT, in accordance
with the Administrative Procedure Act, through notification in the
Federal Register.
* * * * *
0
7. Amend Sec. 648.26 by revising paragraph (a) and (d)(1)(i) and (ii)
to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
(a) Atlantic mackerel--(1) Initial (Phase 1) commercial possession
limits. A vessel must be issued a valid limited access Atlantic
mackerel permit to fish for, possess, or land more than 20,000 lb (9.07
mt) of Atlantic mackerel in or harvested from the EEZ per trip,
provided the commercial Atlantic mackerel possession limits have not
been adjusted in-season as specified in Sec. 648.24(b)(1).
(i) A vessel issued a Tier 1 limited access mackerel permit is
authorized to fish for, possess, or land up to 200,000 lb (90.7 mt) of
Atlantic mackerel in or harvested from the EEZ per trip, and may only
land Atlantic mackerel once on any calendar day, which is defined as
the 24-hr period beginning at 0001 hours and ending at 2400 hours.
(ii) A vessel issued a Tier 2 limited access mackerel permit is
authorized to fish for, possess, or land up to 135,000 lb (61.2 mt) of
Atlantic mackerel in or harvested from the EEZ per trip, and may only
land Atlantic mackerel once on any calendar day, which is defined as
the 24-hr period beginning at 0001 hours and ending at 2400 hours.
(iii) A vessel issued a Tier 3 limited access mackerel permit is
authorized to fish for, possess, or land up to 100,000 lb (45.4 mt) of
Atlantic mackerel in or harvested from the EEZ per trip, and may only
land Atlantic mackerel once on any calendar day, which is defined as
the 24-hr period beginning at 0001 hours and ending at 2400 hours.
(iv) A vessel issued an open access Atlantic mackerel permit may
fish for, possess, or land up to 20,000 lb (9.07mt) of Atlantic
mackerel in or harvested from the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours.
(2) Phase 2 commercial possession limits. During Phase 2 of the
Atlantic mackerel fishery pursuant to Sec. 648.24(b)(1)(i), vessels
issued a valid limited access or open access Atlantic mackerel permit
are subject to the possession limits specified in paragraphs (a)(2)(i)
and (ii) of this section.
(i) A vessel issued a limited access (Tier 1, Tier 2, or Tier 3)
Atlantic mackerel permit is authorized to fish for, possess, or land up
to 20,000 lb (9.07 mt) of Atlantic mackerel in or harvested from the
EEZ per trip, and may only land Atlantic mackerel once on any calendar
day, which is defined as the 24-hr period beginning at 0001 hours and
ending at 2400 hours.
(ii) A vessel issued an open access mackerel permit is authorized
to fish for, possess, or land up to 5,000 lb (2.27 mt) of Atlantic
mackerel in or harvested from the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours.
(3) Phase 3 commercial possession limits. During Phase 3 of the
Atlantic mackerel fishery pursuant to Sec. 648.24(b)(1)(ii), vessels
issued a valid limited access or open access Atlantic mackerel permit
are subject to the possession limits specified in
[[Page 22466]]
paragraphs (a)(3)(i) and (ii) of this section.
(i) A vessel issued a limited access (Tier 1, Tier 2, or Tier 3)
mackerel permit is authorized to fish for, possess, or land up to
10,000 lb (4.54 mt) of Atlantic mackerel in or harvested from the EEZ
per trip, and may only land Atlantic mackerel once on any calendar day,
which is defined as the 24-hr period beginning at 0001 hours and ending
at 2400 hours.
(ii) A vessel issued an open access mackerel permit is authorized
to fish for, possess, or land up to 2,500 lb (1.13 mt) of Atlantic
mackerel in or harvested from the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours.
(4) Pair trawling. Both vessels involved in a pair trawl operation
must be issued a valid Atlantic mackerel permit to fish for possess, or
land Atlantic mackerel in the EEZ. Both vessels must be issued the
Atlantic mackerel permit appropriate for the amount of Atlantic
mackerel jointly possessed by both of the vessels participating in the
pair trawl operation.
(5) River herring/shad catch cap closure. During a closure of the
limited access commercial Atlantic mackerel fishery pursuant to Sec.
648.24(b)(6), when 95 percent of the river herring/shad catch cap has
been harvested, vessels issued an open or limited access Atlantic
mackerel permit may not take and retain, possess, or land more than
20,000 lb (9.07 mt) of Atlantic mackerel per trip at any time, and may
only land once on any calendar day, which is defined as the 24-hr
period beginning at 0001 hours and ending at 2400 hours.
(6) Recreational possession limits--(i) For-hire (charter/party)
recreational possession limit. When carrying passengers for hire, the
recreational Atlantic mackerel possession limit for vessels issued a
squid/mackerel/butterfish charter/party permit is 50 Atlantic mackerel
per person per trip, including captains and crew. When not carrying
passengers for hire, the recreational Atlantic mackerel possession
limit for vessels issued a squid/mackerel/butterfish charter/party
permit is 25 Atlantic mackerel per person per trip.
(ii) Private recreational possession limit. The recreational
Atlantic mackerel possession limit for private recreational anglers is
25 Atlantic mackerel per person per trip.
* * * * *
(d) * * *
(1) * * *
(i) Vessels fishing with larger mesh. A vessel issued a butterfish
moratorium permit fishing with a minimum mesh size of 3-inch (7.62-cm)
diamond mesh or greater than 2 5/8-inch (6.67-cm) square mesh is
authorized to fish for, possess, or land butterfish with no possession
restriction in the EEZ per trip, provided that directed butterfish
fishery has not been closed and the reduced possession limit has not
been implemented, as specified in Sec. 648.24(c)(1). When butterfish
harvest is projected to reach the threshold for the butterfish fishery,
as specified in Sec. 648.24(c)(1), these vessels may not fish for,
possess, or land more than 5,000 lb (2,268 kg) of butterfish per trip
at any time. When butterfish harvest is projected to reach the DAH
limit, as specified in Sec. 648.24(c)(1), these vessels may not fish
for, possess, or land more than 600 lb (272 kg) of butterfish per trip
at any time.
(ii) Vessels fishing with smaller mesh. A vessel issued a
butterfish moratorium permit fishing with mesh less than 3-inch (7.62-
cm) diamond mesh or less than or equal to 2 5/8-inch (6.67-cm) square
mesh may not fish for, possess, or land more than 5,000 lb (2,268 kg)
of butterfish per trip at any time, provided that butterfish harvest
has not reached the DAH limit and the reduced possession limit has not
been implemented, as described in Sec. 648.24(c)(1). When butterfish
harvest is projected to reach the DAH limit, as described in Sec.
648.24(c)(1), these vessels may not fish for, possess, or land more
than 600 lb (272 kg) of butterfish per trip at any time.
* * * * *
0
8. Amend Sec. 648.70 by revising paragraph (a) introductory text to
read as follows:
Sec. 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL).
(a) The MAFMC staff shall recommend to the MAFMC ACLs for the
surfclam and ocean quahog fisheries, which shall not exceed the ABCs
recommended by the SSC.
* * * * *
0
9. Amend Sec. 648.100 by revising paragraph (a) introductory text to
read as follows:
Sec. 648.100 Summer flounder Annual Catch Limit (ACL).
(a) Annual catch limits. The Monitoring Committee shall recommend
to the MAFMC separate ACLs for the commercial and recreational summer
flounder fisheries, the sum total of which shall not exceed the ABC
recommended by the SSC.
* * * * *
0
10. Amend Sec. 648.120 by revising paragraph (a) introductory text to
read as follows:
Sec. 648.120 Scup Annual Catch Limit (ACL).
(a) Annual catch limits. The Monitoring Committee shall recommend
to the MAFMC separate ACLs for the commercial and recreational scup
fisheries, the sum total of which shall not exceed the ABC recommended
by the SSC.
* * * * *
0
11. Amend Sec. 648.140 by revising paragraph (a) introductory text to
read as follows:
Sec. 648.140 Black sea bass Annual Catch Limit (ACL).
(a) Annual Catch Limits. The Monitoring Committee shall recommend
to the MAFMC separate ACLs for the commercial and recreational black
sea bass fisheries, the sum total of which shall not exceed the ABC
recommended by the SSC.
* * * * *
0
12. Amend Sec. 648.160 by revising paragraph (a) introductory text to
read as follows:
Sec. 648.160 Bluefish Annual Catch Limit (ACL).
(a) The Bluefish Monitoring Committee shall recommend to the MAFMC
an ACL for the bluefish fishery, which shall not exceed the ABC
recommended by the SSC.
* * * * *
0
13. Amend Sec. 648.290 by revising paragraphs (a) introductory text
and (b) to read as follows:
Sec. 648.290 Tilefish Annual Catch Limits (ACL).
(a) Golden tilefish. The Tilefish Monitoring Committee shall
recommend to the MAFMC an ACL for the commercial golden tilefish
fishery, which shall not exceed the ABC recommended by the SSC.
* * * * *
(b) Blueline tilefish. The Tilefish Monitoring Committee shall
recommend to the MAFMC separate ACLs for the commercial and
recreational blueline tilefish fisheries, the sum total of which shall
not exceed the ABC recommended by the SSC.
* * * * *
[FR Doc. 2026-08134 Filed 4-24-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 27, 2026.
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