Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Allocation of 2026 Northeast Multispecies Annual Catch Entitlements and Notice of Default Specifications
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Issuing agencies
Abstract
This final rule allocates Northeast multispecies annual catch entitlements (ACE) to approved groundfish sectors and permit banks for fishing year 2026 based on 2026 annual catch limits (ACL) set in Framework Adjustment 69 to the Northeast Multispecies Fishery Management Plan (FMP) or default specifications and provides notice of specifications for 11 stocks that are set by default in accordance with existing regulations. This action is intended to allow limited access permit holders to continue to operate sectors, as authorized under the FMP.
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 22467-22476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08172]
[[Page 22467]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260423-0110; RTID 0648-XF532]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Allocation of 2026
Northeast Multispecies Annual Catch Entitlements and Notice of Default
Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule allocates Northeast multispecies annual catch
entitlements (ACE) to approved groundfish sectors and permit banks for
fishing year 2026 based on 2026 annual catch limits (ACL) set in
Framework Adjustment 69 to the Northeast Multispecies Fishery
Management Plan (FMP) or default specifications and provides notice of
specifications for 11 stocks that are set by default in accordance with
existing regulations. This action is intended to allow limited access
permit holders to continue to operate sectors, as authorized under the
FMP.
DATES: Northeast multispecies annual catch entitlements for sectors are
effective May 1, 2026, through April 30, 2027. Default catch limits are
effective May 1, 2026, through October 31, 2026, unless replaced by
another action before November 1, 2026. If a subsequent action is not
implemented on or before October 31, 2026, sectors would be prohibited
from fishing in the stock areas of stocks with expired default catch
limits beginning November 1, 2026, unless and until replaced by catch
limits for those stocks.
ADDRESSES: Copies of each sector's operations plan and contracts from
fishing years 2025-2026; the Sector Operations Plan, Contract, and
Environmental Assessment Requirements guidance document for fishing
years 2025-2026, as well as the environmental assessment and
supplemental information report analyzing sector sub-annual catch
limits; and other supporting documents are available from the NMFS
Greater Atlantic Regional Fisheries Office (GARFO). Copies of
supporting documents are available from: Heather Nelson at
<a href="/cdn-cgi/l/email-protection#c981aca8bda1acbbe787aca5baa6a789a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="753d1014011d10075b3b1019061a1b351b1a14145b121a03">[email protected]</span></a>. These documents are also accessible via the
GARFO website. These documents and the Federal Register documents
referenced in this rule are also accessible via the internet at:
<a href="https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan">https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan</a>.
FOR FURTHER INFORMATION CONTACT: Heather Nelson, Fishery Policy
Analyst, (978) 281-9334.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies FMP defines a sector as ``a group of
persons holding limited access Northeast multispecies permits who have
voluntarily entered into a contract and agree to certain fishing
restrictions for a specified period of time, and which has been granted
a [total allowable catch] TAC(s) [sic] in order to achieve objectives
consistent with applicable FMP goals and objectives.'' (50 CFR 648.2
``Sector''). A sector must comprise at least three Northeast
multispecies permits issued to at least three different persons, none
of whom have any common ownership interest in the permits, vessels, or
businesses associated with the permits issued to the other two or more
persons in that sector. As long as at least three persons issued a
Northeast multispecies permit meet these requirements, permit owners
may have common ownership interests in other permits, vessels, or
businesses associated with such permits. Sectors are self-selecting,
meaning participation is voluntary, and each sector can choose its
members. Between 2019 and 2023 sectors accounted for approximately 99
percent of landings and revenue in the commercial groundfish fishery,
which has an annual value of approximately $40 million (ex-vessel
revenue from the most recent complete fishing year).
The Northeast multispecies sector management system includes an
annual allocation of available catch for portions of the Northeast
multispecies stocks to each approved sector. These annual sector
allocations are known as ACE and are based on the collective fishing
history of the permits held by a sector's members. Sectors may receive
allocations of large-mesh Northeast multispecies stocks with the
exception of Atlantic halibut, windowpane flounder, Atlantic wolffish,
and ocean pout, which are non-allocated species managed under separate
effort controls. ACEs are portions of a stock's ACL available to
commercial Northeast multispecies vessels enrolled in a sector. A
sector determines how to harvest its ACE.
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several universal exemptions from
the FMP's effort controls. These universal exemptions apply to trip
limits on allocated stocks, portions of the Gulf of Maine (GOM) Cod
Protection Closures, Northeast multispecies days-at-sea (DAS)
restrictions, the requirement to use a 6.5-inch (16.5-centimeter (cm))
mesh codend when fishing with selective gear on Georges Bank (GB), and
the minimum codend mesh size restrictions for trawl gear when fishing
in compliance with the provisions of the Redfish Exemption Program. The
FMP allows the New England Fishery Management Council (Council) to add
universal exemptions using the framework adjustment process. Sectors
may request additional exemptions annually as part of their sector
operations plans to increase flexibility and fishing opportunities. The
FMP prohibits sectors from requesting exemptions from permitting
restrictions, gear restrictions designed to minimize habitat impacts,
and most reporting requirements.
In addition to the sectors, there are several state-operated permit
banks that each receive an allocation based on the fishing history of
permits they hold. These allocations may be leased to fishermen
enrolled in sectors. State-operated permit banks are no longer approved
through the sector approval process (77 FR 16942; March 23, 2012), but
current state-operated permit banks contribute to the total allocation
under the sector system.
NMFS approved 15 sectors to operate in fishing years 2025 and 2026
and also approved 18 requested exemptions for sectors through the
implementation of an emergency rule (90 FR 18804; May 2, 2025), which
expires on April 30, 2026, and Framework Adjustment (Framework) 69 (91
FR 11141, March 9, 2026), which replaced the emergency rule. Although
new sectors can be established annually, and approved sectors can
change operations plans annually, NMFS did not receive any new sector
proposals or requests for substantive changes to the approved
operations plans for fishing year 2026. Therefore, this final rule
allocates 2026 ACE to the approved sectors and permit banks based on
fishing year 2025 rosters and the fishing year 2026 catch limits set in
Framework 69 to the FMP or default specifications.
[[Page 22468]]
Catch Limits for Fishing Year 2026
Catch Limits Effective May 1, 2026, Through April 30, 2027
Framework 69 set or reaffirmed 2026 catch limits for nine
groundfish stocks: GOM haddock, Georges Bank (GB) yellowtail flounder,
American plaice, witch flounder, redfish, pollock, northern windowpane
flounder, southern windowpane flounder, and Atlantic halibut. For these
stocks, the sector and common pool allocations in this rule are based
on the 2026 catch limits set in Framework 69 and fishing year 2025
sector rosters (table 1). Sector rosters for fishing year 2026 had not
been submitted to NMFS at the time this rule was prepared.
Default Catch Limits Effective May 1, 2026, Through October 31, 2026
The groundfish regulations implement default catch limits for any
stock for which final specifications are not in place by the beginning
of the fishing year on May 1. The FMP's default specifications
provision in the regulations at Sec. 648.90(a)(3) sets catch limits at
75 percent of the previous year's (2025) catch limits, except in
instances where 75 percent of the previous year's catch limit would
exceed the Council's recommendation for the final specifications. This
rule announces default specifications for 11 stocks that do not have
specifications set for the 2026 fishing year.
The Council has recommended two actions, Amendment 25 and Framework
72 to the FMP, which together set catch limits for fishing year 2026
for the stocks that do not currently have 2026 catch limits specified.
The final rules for Amendment 25 and Framework 72 may not be approved
or implemented by May 1, 2026, the start of the fishing year.
Therefore, to prevent disruption to the groundfish fishery while these
rules are considered for approval, this final rule announces default
catch limits for the stocks proposed in Amendment 25 and Framework 72
(table 1). Additionally, to provide information to vessels weighing the
decision to fish in the Sectors program or to fish in the common pool,
the common pool Trimester TACs that would result from default and
previously established specifications are provided in table 2.
Amendment 25 to the FMP (91 FR 12993; March 18, 2026) proposes 2026
catch limits for four Atlantic cod stocks: GB cod, Eastern GOM cod,
Western GOM cod, and Southern New England (SNE) cod. Because the FMP
currently manages Atlantic cod as two stocks (GB and GOM cod), this
rule uses default specifications for GB and GOM cod stocks to allocate
ACE to sectors. If approved, the final rule for Amendment 25 would
establish four stocks of cod (GB, Eastern GOM, Western GOM, and SNE
cod) under the FMP, replace catch limits and sector allocations for GB
and GOM cod with catch limits and sector allocations for the four new
stocks, and specify a mid-year transition plan from the two Atlantic
cod stocks to the four Atlantic cod stocks.
The Council has also submitted Framework 72, which includes catch
limits for nine groundfish stocks for fishing year 2026: GB haddock,
SNE/Mid-Atlantic (MA) yellowtail flounder, Cape Cod (CC)/GOM yellowtail
flounder, GB winter flounder, GOM winter flounder, SNE/MA winter
flounder, white hake, ocean pout, and Atlantic wolffish. Framework 72,
if approved, would also replace the fishing year 2026 GB yellowtail
flounder and redfish specifications previously set in Framework 69 and
the fishing year 2026 GB cod specifications set in Amendment 25, if
approved.
All default catch limits in this rule are set at 75 percent of
their respective 2025 catch limits, except for white hake. Seventy-five
percent of the 2025 catch limits for white hake would exceed the
specifications recommended by the Council in Framework 72. Therefore,
according to the provisions set at Sec. 648.90(a)(3), this rule sets
default specifications for white hake equal to those recommended by the
Council in Framework 72. The default catch limits are effective from
May 1, 2026, through October 31, 2026, unless replaced by final rules
for Framework 72 and Amendment 25 that are effective prior to November
1, 2026. Existing regulations set these default specifications at the
beginning of a fishing year on May 1 to minimize impacts on the fishery
that would occur if no catch limits are specified in a final rule by
that date. If the final rules for Framework 72 and Amendment 25 are not
approved and implemented on or before October 31, all fishing for these
stocks specified in these rules would be prohibited beginning November
1, 2026. The prohibition would remain in effect for the remainder of
the fishing year unless and until the NMFS approves and implements the
catch limits in Framework 72 and Amendment 25.
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Table 2--Common Pool Trimester Total Allowable Catches for Fishing Year 2026
[mt, live weight]
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Stock Trimester
------------------------------------------------------------------------------------------------- total
allowable
Trimester 1 Trimester 2 Trimester 3 catches
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GB Cod *........................................................ 1.0 1.2 1.4
GOM Cod *....................................................... 2.5 1.7 0.9
GB Haddock #.................................................... 9.4 11.5 13.9
GOM Haddock [dagger]............................................ 15.7 15.1 27.3
GB Yellowtail Flounder [dagger]................................. 1.0 1.5 2.6
SNE/MA Yellowtail Flounder #.................................... 1.4 1.9 3.4
CC/GOM Yellowtail Flounder #.................................... 20.3 9.3 6.1
American Plaice [dagger]........................................ 151.3 16.4 36.8
Witch Flounder [dagger]......................................... 29.6 10.8 13.5
GB Winter Flounder #............................................ 4.3 12.8 36.2
GOM Winter Flounder #........................................... 25.9 26.6 17.5
Redfish [dagger]................................................ 24.8 30.8 43.6
White Hake #.................................................... 5.6 4.6 4.6
Pollock [dagger]................................................ 28.8 36.0 38.1
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* These TACs are based on default specifications and would be replaced when the final rule for Amendment 25
becomes effective, if approved. If the final rule for Amendment 25 is not approved or implemented on or before
October 31, all fishing for these stocks would be prohibited beginning November 1.
[dagger] These TACs are based on Framework 69. Framework 72, if approved, would replace the fishing year 2026
specifications for GB yellowtail flounder and redfish.
# These TACs are based on default specifications and would be replaced when the final rule for Framework 72
becomes effective, if approved. If Framework 72 is not approved or implemented on or before October 31, all
fishing for these stocks would be prohibited beginning November 1.
Sector Allocations for Fishing Year 2026
This rule allocates ACE to sectors and permit banks based on the
fishing year 2025 sector rosters and the 2026 catch limits established
in Framework 69 or default specifications. Preliminary fishing year
2026 sector rosters had not been submitted to NMFS at the time this
rule was prepared. All permit holders who join a sector for fishing
year 2026 have until April 30, 2026, to withdraw and instead elect to
fish in the common pool, although sectors may specify a more
restrictive withdrawal date for their members. As a result, the total
permits enrolled in sectors for fishing year 2026 could change from the
current fishing year 2025 rosters, although such changes are expected
to be minimal based on past fishing years.
NMFS calculates the sector's allocation for each stock by summing
its members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 3 shows the preliminary projected total PSC for
each sector, by stock, for fishing year 2026 based on fishing year 2025
sector rosters. Tables 4 and 5 show estimates of the preliminary
allocations that each sector will be allocated, in pounds and metric
tons, respectively, for fishing year 2026, based on their fishing year
2025 rosters and the 2026 catch limits established in Framework 69 or
default specifications.
Instead of assigning separate PSCs for eastern GB cod or eastern GB
haddock, a PSC is assigned to each permit for the GB cod stock and GB
haddock stock. Each sector's GB cod and GB haddock allocations are then
divided into an eastern ACE and a western ACE, based on each sector's
percentage of the GB cod and GB haddock ACLs. For example, if a sector
is allocated 4 percent of the GB cod ACL, the sector is allocated 4
percent of the commercial eastern GB cod TAC as its eastern GB cod ACE.
The eastern GB haddock allocations are determined in the same way.
These amounts are then subtracted from the sector's overall GB cod and
haddock allocations to determine its western GB cod and haddock ACEs. A
sector may only harvest its eastern GB cod and haddock ACEs in the
Eastern U.S./Canada Area. A sector may ``convert,'' or transfer, its
eastern GB cod or haddock allocation into western GB allocation and
harvest that converted ACE outside the eastern GB geographic area.
Each sector is required to ensure that it does not exceed its ACE
during the fishing year. Sector vessels are required to retain all
legal-sized allocated Northeast multispecies stocks unless a sector is
granted an exemption allowing its member vessels to discard legal-sized
unmarketable fish at sea. Catch (defined as landings and dead discards)
of all allocated Northeast multispecies stocks by a sector's vessels
counts against the sector's allocation. Groundfish catch from a sector
trip targeting non-groundfish species will be deducted from the
sector's ACE because these trips use gear capable of catching
groundfish. Groundfish catch from a non-sector trip in an exempted
fishery does not count against a sector's allocation and is assigned to
a separate ACL sub-component to account for any groundfish bycatch that
occurs in non-groundfish fisheries.
To reduce or eliminate any fishing year 2025 overages, NMFS will
allow sectors to trade fishing year 2025 ACE for 2 weeks after
completion of the year-end catch accounting. If necessary, NMFS will
reduce any sector's fishing year 2026 allocation to account for a
remaining overage in fishing year 2025. Each year, NMFS notifies the
Council and sector managers of this deadline in writing and announces
its final ACE determination at: <a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a>. As soon as practicable after the start of the
2026 fishing year, final allocations to the nearest pound are provided
directly to each sector based on their final May 1 rosters. NMFS uses
these final allocations, along with later adjustments including ACE
transfers, reductions for overages, or increases for carryover from
fishing year 2025, to monitor sector catch.
The common pool collectively may harvest an amount of a particular
stock equal to the common pool sub-ACL, which is a portion of the
commercial groundfish quota for that stock. The common pool sub-ACLs
are also included in tables 4 and 5. The common pool sub-ACLs are
managed separately
[[Page 22471]]
from sectors and do not contribute to available ACE for leasing or
harvest by sector vessels. The preliminary common pool sub-ACLs are
included in tables 2 through 4 for comparison.
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Sector Operations Plans and Contracts
Fifteen sectors are approved to operate in fishing year 2026. NMFS
did not receive any new sector operations plans or substantive updates
to existing operations plans for fishing year 2026. All 15 approved
sectors were active in fishing year 2025. Approved operations plans
contain the rules under which each sector will fish and the legal
contract that binds each member to the sector for the length of the
sector's operations plan. Each sector's operations plan, and each
sector's members, must comply with the regulations governing sectors,
found at Sec. 648.87. In addition, each sector must conduct fishing
activities as detailed in its approved operations plan.
Participating vessels are required to comply with all pertinent
Federal fishing regulations, except as specifically exempted in the
letter of authorization (LOA) issued by the Regional Administrator,
which details any approved sector exemptions from the regulations. If,
during the fishing year, a sector requests an exemption that NMFS
already granted, or proposes a change to its administrative provisions,
NMFS may amend that sector's operations plan. Should any such
amendments require modifications to LOAs, NMFS will include these
changes in updated LOAs and provide them to the appropriate sector(s).
NMFS may revoke exemptions in-season if it determines that the
exemption jeopardizes management measures, FMP objectives, or
rebuilding efforts; the exemption results in unforeseen negative
impacts on other managed fish stocks, habitat, or protected resources;
the exemption causes enforcement concerns; catch from trips using the
exemption cannot be adequately monitored; or a sector is not meeting
certain administrative or operational requirements. If it becomes
necessary to revoke an exemption, NMFS will do so through a process
consistent with the existing regulations or in a separate rulemaking
action, as appropriate.
Sector Monitoring Programs
Sectors are responsible for developing and implementing a
monitoring program that must be (1) approved by NMFS as both sufficient
to monitor catch, discards, and use of ACE; and (2) consistent with the
FMP's goals and objectives for the sector monitoring program.
For fishing year 2026, sector vessels may choose to use at-sea
monitoring (ASM) or the audit model electronic monitoring (EM) program
to meet monitoring requirements, provided that the sector has a
corresponding monitoring program approved as part of its operations
plan. On March 13, 2026, NMFS announced a preliminary ASM coverage
target of 100 percent of all sector groundfish trips for the 2026
fishing year. The final ASM coverage level will be announced when
Congress approves the 2026 ASM spend plan. Vessels that choose to use
ASM to meet monitoring requirements will be assigned monitors based on
the target coverage level set for all sector groundfish trips. Vessels
that choose to use EM to meet monitoring coverage requirements must use
cameras and adhere to catch handling protocols as described in their
vessel monitoring plans for all groundfish trips.
All sectors that harvest fish included an ASM plan as part of their
respective approved operations plans. Sectors that operate only as
permit banks and explicitly prohibit fishing in their operations plans
are not required to include provisions for an ASM program. Nine sectors
use the NMFS-designed ASM program, and four sectors use a sector-
designed ASM program previously approved by NMFS. Thirteen sectors also
included an EM plan as part of their approved operations plans. All 13
of these sectors included the NMFS-designed audit model EM program in
their operations plans. Eleven of these sectors also included the NMFS-
designed maximized retention EM (MREM) program in their operations
plans; however, this program has not been operated by NMFS since 2023.
Although it remains in these approved sector operations plans, NMFS
will not approve vessel-specific monitoring plans to enroll in the MREM
program in 2026.
Approved Exemptions Granted for Fishing Years 2026
For fishing year 2026, sectors did not request any novel
exemptions. NMFS previously granted exemptions from the following
requirements for fishing years 2025 and 2026, all of which were also
requested and granted in previous years:
(1) 120-day block out of the fishery required for Day gillnet
vessels;
(2) 20-day spawning block out of the fishery required for all
vessels;
(3) Limits on the number of gillnets for Day gillnet vessels
outside the GOM;
(4) Prohibition on a vessel hauling another vessel's gillnet gear;
(5) Limits on the number of gillnets that may be hauled in the GB
regulated mesh area when fishing under a Northeast multispecies/
monkfish DAS;
(6) Limits on the number of hooks that may be fished;
(7) DAS Leasing Program length and horsepower restrictions;
(8) Prohibition on discarding;
(9) Trawl gear requirements in the Eastern U.S./Canada Management
Area;
(10) Prohibition on a vessel hauling another vessel's hook gear;
(11) The requirement to declare an intent to fish in the Eastern
U.S./Canada Special Access Program (SAP) and the Closed Area (CA) II
Yellowtail Flounder/Haddock SAP prior to leaving the dock;
(12) Seasonal restrictions for the Eastern U.S./Canada Haddock SAP;
(13) Seasonal restrictions for the CA II Yellowtail Flounder/
Haddock SAP;
(14) Sampling exemption;
(15) Prohibition on combining small-mesh exempted fishery and
sector trips in SNE;
(16) Extra-large mesh requirement to target dogfish on trips
excluded from ASM in SNE and Inshore GB broad stock areas;
(17) Requirement that Handgear A vessels carry a Vessel Monitoring
System unit when fishing in a single broad stock area; and
(18) Limits on the number of gillnets for Day gillnet vessels in
the GOM.
These exemptions are more fully described in the proposed rule for
Framework 69 (90 FR 56836, December 8, 2025).
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act because this action is necessary to carry out the
Northeast Multispecies FMP in accordance with the FMP's implementing
regulations. The NMFS Assistant Administrator has determined that this
rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries finds good cause to waive prior public notice and an
opportunity for public comment because allowing time for notice and
comment is impracticable, unnecessary, and contrary to the public
interest. The allocations in this action are required by regulations
that prescribe how they are determined. The public had a prior
opportunity to comment on this process and the formula used for its
calculation during the development of the rules implementing the
Northeast Multispecies FMP and subsequent amendments and framework
adjustments. In accordance with the existing regulations, NMFS
calculates a sector's allocation for each stock by summing its members'
PSC for a stock
[[Page 22476]]
and then multiplying that total percentage by the available commercial
sub-ACL for that stock. Thus, the ACE allocations are based on long-
established fishing histories and are formulaic and administrative and
involve no exercise of discretion. These formulas have been used and
ACE allocated through these processes annually since the implementation
of Amendment 16 on May 1, 2010. The default specifications are set as a
fraction of this fishing year's ACLs as required by regulations. This
action provides notice of the specifications that are set by these
existing regulations. Specifications and allocations must be in effect
by May 1, 2026, for sectors to operate in fishing year 2026, and this
action must publish as a final rule without notice and opportunity for
comment to be implemented in a time for the beginning of the fishing
year.
NMFS finds, pursuant to 5 U.S.C. 553(d)(3), that there is good
cause to waive the 30-day delay in the date of effectiveness for this
final rule. This action allocates ACE to groundfish sectors in the
Northeast multispecies fishery for fishing year 2026. Sectors are
prohibited from fishing without ACE allocations; as such, timely
implementation is necessary to ensure that sectors may fish at the
start of the 2026 fishing year on May 1, 2026. If sectors were
prohibited from fishing while waiting for the rule to take effect,
there would be significant disruption to the fishery along with
negative economic impacts, thus undermining the intent of the rule. The
allocation of ACE to groundfish sectors occurs annually. Industry
members and other stakeholders are aware of and familiar with these
proceedings and expect them to occur in a timely manner.
This final rule is exempt from review under Executive Orders 12866
and 14192.
This 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 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2) of E.O. 13175 is not
required and has not been prepared.
Because prior notice and the opportunity for public comment are not
required for this action by the Administrative Procedure Act (5 U.S.C.
551 et seq.), or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
Therefore, no final regulatory flexibility analysis is required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-08172 Filed 4-24-26; 8:45 am]
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