Rule2026-08205
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Framework Adjustment 19 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and Framework Adjustment 7 to the Bluefish Fishery Management Plan
Primary source
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Published
April 28, 2026
Effective
April 28, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing Framework Adjustment 19 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and Framework Adjustment 7 to the Bluefish FMP (together the "Recreational Measures Setting Process Framework") that make limited revisions to the process for setting recreational management measures and recreational accountability measures for summer flounder, scup, black sea bass, and bluefish.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Rules and Regulations]
[Pages 22766-22776]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08205]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260422-0109]
RIN 0648-BN59
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Framework
Adjustment 19 to the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan, and Framework Adjustment 7 to the Bluefish 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 is implementing Framework Adjustment 19 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and
Framework Adjustment 7 to the Bluefish FMP (together the ``Recreational
Measures Setting Process Framework'') that make limited revisions to
the process for setting recreational management measures and
recreational accountability measures for summer flounder, scup, black
sea bass, and bluefish.
DATES: Effective April 28, 2026. Comments must be received by May 28,
2026.
ADDRESSES: A plain language summary of this rule is available at:
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0076">https://www.regulations.gov/docket/NOAA-NMFS-2025-0076</a>. You may submit
comments on this document, identified by NOAA-NMFS-2025-0076, by any of
the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2025-0076 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="http://www.regulations.gov">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 19 to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan and Framework Adjustment 7 to
the Bluefish Fishery Management Plan, including the Environmental
Assessment, the Regulatory Impact Review, and the Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) prepared in support of this action
are available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 North State Street,
Dover, DE 19901. The supporting documents are also accessible via the
internet at: <a href="https://www.mafmc.org/actions/rec-measures-framework-addenda">https://www.mafmc.org/actions/rec-measures-framework-addenda</a>.
FOR FURTHER INFORMATION CONTACT: Savannah Lewis, Fishery Management
Specialist, (978) 281-9348, or <a href="/cdn-cgi/l/email-protection#dfacbea9beb1b1beb7f1b3baa8b6ac9fb1b0bebef1b8b0a9"><span class="__cf_email__" data-cfemail="66150710070808070e480a03110f15260809070748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
NOAA's National Marine Fisheries Service (NMFS) is implementing the
Recreational Measures Setting (RMS) Process Framework via this interim
final rule (IFR) and request for comments. Together with NMFS, the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission) cooperatively manage the
summer flounder, scup, black sea bass, and bluefish fisheries. Updates
to the FMPs are made with framework adjustments, and this action
outlines and modifies the process for setting recreational management
measures for all four stocks. The Council, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
provides its recommendations to NMFS. Under the provisions of the
Magnuson-Stevens Act, on behalf of the Secretary of Commerce, the
Greater Atlantic Regional Fisheries Office's Regional Administrator
reviews proposed measures for consistency with the FMP, plan
amendments, the Magnuson-Stevens Act, and other applicable law. The
Council submitted this action, the RMS Process Framework, to NMFS for
consideration of approval. NMFS reviewed the submitted frameworks for
consistency with the goals and objectives of the FMPs and is approving
and implementing Framework 19 and Framework 7.
[[Page 22767]]
The current Harvest Control Rule (88 FR 14499), which pioneered the
Percent Change Approach, sunsetted on December 31, 2025. As explained
in greater detail below, this action implements a revised replacement
process for setting recreational measures (i.e., bag, size, and season
limits) called the RMS Process and revisions to the recreational
accountability measures. This IFR outlines two phases of modification
to the RMS Process Framework: Phase 1 would use a modified Percent
Change Approach using the recreational harvest limit (RHL) and harvest;
Phase 2 would use the same approach but will use the recreational
annual catch target (ACT) and dead catch. In other words, RMS Process
Phase 1 develops the Recreational Harvest Target (RHT) (which
recreational measures are set to accomplish) using predicted harvest
(i.e., landed fish), and Phase 2 would shift to developing a
recreational catch target (RCT), catch-based approach based on both
harvest and dead discards. The use of the RMS Process for bluefish is
delayed until the 2028-2029 specifications cycle. Bluefish is still
under a rebuilding plan, and a supporting analytical model needs to be
developed; further discussion of bluefish is provided below. Revisions
to accountability measures for all four species are included to align
with the RMS Process and give greater consideration to whether
overfishing resulted from a recreational ACL overage.
This action revises and improves upon the process for setting
recreational measures that continues to prevent overfishing, reflect
stock status, account for uncertainty in recreational data, take into
consideration angler preferences, consider discard information, and
provide sufficient stability and predictability. While it is impossible
to put an exact number on the total economic impact of the specific
affected recreational fisheries, they comprise a large component of the
$3.6 billion recreational fishing industry in the Mid-Atlantic region.
This action allows for these recreational fisheries to maintain
flexibility and continue to be a major economic driver in the region.
Key Terms
<bullet> Annual Catch Target (ACT): An amount of annual catch that
is a management target for a fishery that accounts for management
uncertainty and is set at or below the annual catch limit (ACL). The
ACT includes both landings and dead discards (i.e., total dead catch or
catch), and the RHL is derived from the recreational ACT by subtracting
dead discards.
<bullet> Biomass (B): The size of a stock of fish measured in
weight. For summer flounder, scup, black sea bass, and bluefish, the
biomass levels and biomass targets used in management are based on
spawning stock biomass (SSB).
<bullet> Biomass target (B<INF>MSY</INF>): The stock size (B)
associated with maximum sustainable yield (MSY) as defined by a stock
assessment. MSY is the largest average catch that can be taken from a
stock at B<INF>MSY</INF> over time under existing environmental
conditions without negatively impacting the reproductive capacity of
the stock.
<bullet> Catch: The total amount of fish caught by the fishery,
including landed fish and dead discards.
<bullet> Confidence Interval (CI): The upper and lower bound around
a point estimate to indicate the range of possible values given the
uncertainties around the estimate.
<bullet> Harvest: The total amount of fish landed by the fishery.
<bullet> Recreational Harvest Limit (RHL): The total allowable
annual recreational fishery harvest limit set based on information from
the stock assessment, considerations about scientific and management
uncertainty, allocations between the commercial and recreational
sectors, and assumptions about dead discards from the recreational
fishery.
<bullet> Recreational Catch Target (RCT): The amount of catch that
recreational management measures aim to achieve but not exceed.
<bullet> Recreational Harvest Target (RHT): The amount of harvest
that the recreational management measures aim to achieve but not
exceed.
Recreational Management Challenges
Prior to 2023, recreational management measures were set annually
to allow harvest to achieve but not exceed the RHL. Analysis to
determine the measures relied heavily on data from the Marine
Recreational Information Program (MRIP), NMFS's state-regional-Federal
partnership that uses a national network of recreational fishing
surveys to estimate total recreational catch and effort. While the
program has been peer-reviewed multiple times and the agency continues
to explore improvements, there are inherent uncertainties within the
MRIP data because they rely on angler feedback and estimation
calculations to provide managers and scientists with recreational
information. The estimates have been shown to be highly variable and
uncertain in some years, creating a situation in which correct and
consistent estimates of recreational harvest can be difficult to
obtain. In 2018, MRIP transitioned to the Fishing Effort Survey (FES)
from the Coastal Household Telephone Survey (CHTS) due to a decline in
landline telephones. This transition required historical catch
estimates to be recalibrated to align with the new FES, resulting in
significant increases in estimates of past catch for several species;
for example, estimates of black sea bass average historical catch
increased 73 percent. These increases broadly impacted the management
process through stock assessments, reference points, catch limits, and
management measures.
The underlying uncertainty and high variability of MRIP data,
reactively setting measures annually, and lack of consideration for
stock status led to frequent changes in bag, size, and season limits.
For abundant stocks of black sea bass and scup, stock assessments
repeatedly underestimated stock size and overestimated fishing
mortality, resulting in the stock size subsequently being revealed as
higher, and fishing mortality lower, in subsequent assessments. The
outcome of this pattern was catch limits that were set lower than what
was actually available to the fishery and years where even restrictive
management measures resulted in higher-than-anticipated harvest, often
with increasing levels of discards, even without overfishing occurring.
For example, in 2022, black sea bass recreational measures were set to
achieve but not exceed the 2022 RHL of 6.74 million lb (3,055 metric
tons (mt)); this was equal to a 20.7-percent reduction in harvest from
the prior year. At that time, however, the stock was not experiencing
overfishing, and the biomass was estimated to be at 210 percent of the
target (87 FR 35112; June 9, 2022). This dynamic was frustrating for
participants in the recreational fisheries and related businesses and
led to enforcement issues along the mid-Atlantic coast. It was also
apparent that the process was not adequately balancing the need to
prevent overfishing while trying to achieve optimal yield (OY).
Scup and black sea bass also tended to meet or exceed their RHLs
frequently and, at times, exceeded even the recreational ACL,
acceptable biological catch (ABC), and/or the overfishing limit (OFL).
Often, these high catch levels would require restrictions on fishing in
an attempt to bring harvest down--regardless of high stock status.
Alternatively, for a stock such as summer flounder with a much lower
biomass than scup and black sea bass, liberalization in management
measures
[[Page 22768]]
that were implemented to try and achieve the RHL may not have been
appropriate due to a low biomass. Termed ``chasing the RHL,'' the
required changes in measures appeared to be more in response to
variability and uncertainty in recreational harvest data than a
conservation need.
Overview of the Percent Change Approach
The Percent Change Approach, implemented in 2023, aimed to address
these issues by considering recreational harvest data, accounting for
the uncertainty in the recreational harvest data through the use of
confidence intervals around predicted recreational harvest, and taking
into account stock biomass when determining if and how management
measures should be changed. As described below, the approach considered
these factors to establish a recreational target that measures are set
to achieve. The overall goal of the Percent Change Approach was to
iteratively adjust management measures to eventually achieve the RHL
while avoiding unnecessarily severe restrictions or inappropriate
liberalizations on fishing that could result from annual variability in
harvest estimates rather than conservation need. Given the significant
shift in the process for setting recreational management measures, the
Percent Change Approach included a sunset provision of 3 years. After
accepting public comment on Framework 17 and Framework 6, which
initiated the Percent Change Approach, (87 FR 76600; December 15,
2022), NMFS finalized the framework in 2023 (88 FR 14499; March 9,
2023). The U.S. District Court for the District of Columbia held that
Framework 17 complied with the MSA and the Administrative Procedure Act
(APA) in Natural Resources Defense Council v. Raimondo, No. 23-982
(BAH), 2024 WL 4056653 (D.D.C. Sept. 5, 2024). In 2024, both scup and
black sea bass harvest were under the respective RHLs and recreational
ACLs, suggesting that the Percent Change Approach is likely more
appropriately setting recreational management measures than the earlier
approach. The Percent Change Approach sunsetted in December 2025.
In light of the positive results obtained using the Percent Change
Approach, the Council and Commission recommended to NMFS that it be
extended with relatively minor changes as effectuated in this interim
final rule. NMFS agrees, as the approach has proven to be successful in
achieving management goals, and the minor changes represent
improvements to the process gained through application and feedback.
This action modifies the process for setting recreational
management measures for summer flounder, scup, black sea bass, and
bluefish, including how to determine if and when management measures
need to be changed, the amount of change that would be allowed/
required, and the timing of the overall process. As provided in this
interim final rule, the RMS Process will continue to utilize the
Percent Change Approach methodology with some revisions. The revised
process will have two phases. Operationally, Phase 1 and Phase 2 of the
process function the same way; the difference between the two is that
Phase 1 uses recreational harvest compared to the RHL to set measures,
whereas Phase 2 uses total dead catch compared to the recreational ACT.
An overview of the methodology used for both is provided below.
Step 1: Estimating Recreational Harvest or Total Dead Catch
Step one of the RMS Process involves estimating the recreational
harvest (in Phase 1) or total dead catch (in Phase 2) that would result
if current management measures continued in force in the next fishing
year. The amount of expected recreational harvest and total dead catch
are difficult to predict, as they are influenced by many factors beyond
just the management measures, including fishing effort, availability of
various target species, economic factors, and weather. Harvest and
discard estimates can vary notably from year to year even under the
same set of management measures. The Recreational Demand Model, which
has been used for setting recreational summer flounder, scup, and black
sea bass measures since 2023, produces estimates of discarded fish as
well as harvest. While bluefish currently does not have a similar
model, work is ongoing to develop one in time for management use in
2028.
In addition to estimating harvest or dead catch, the confidence
interval (CI) around the recreational harvest or dead catch estimate
will also be generated. When developing a CI, the Commission's Plan
Development Team and Council's Fishery Management Action Team (the
technical teams involved in the development of the action) recommended
the use of a joint distribution, 80-percent confidence interval that
takes into consideration the percent standard error (PSE) of each
individual year's MRIP estimate and the variability of the estimates
between years. While 80-percent confidence intervals were recommended
during development of both the original Percent Change Approach and the
new RMS Process, the Council's Technical Committee and Commission's
Monitoring Committee will periodically review the confidence intervals
to ensure they are appropriate for the current model as improvements
are made and data updated. Once the estimated harvest or dead catch and
confidence intervals are developed and produce a range of anticipated
harvest or dead catch, that estimate is compared to the future RHL or
recreational ACT to determine whether the estimate will likely be
below, at, or above the RHL or recreational ACT. Step 1 corresponds to
the first column in the two tables presented below.
Step 2: Biomass Comparison
The second step in the process is the evaluation of the stock
biomass; for both Phase 1 and Phase 2, this step remains the same. The
most recent stock assessment will be used to determine the biomass
relative to the biomass target (B<INF>MSY</INF> or the relevant proxy).
If the biomass is at least 150 percent of the target, the stock will be
considered very high; if the stock is between 150 and 110 percent of
the target, it will be considered high; stocks that have a biomass
between 110 percent and 90 percent will be considered around the
target; and stocks with a biomass below 90 percent of the target size
will be categorized as low. Step 2 corresponds to the second columns of
the two tables below.
Step 3: Determining the Percent Change
Considered together, the harvest (during Phase 1) or dead catch
(during Phase 2) and current biomass compared to the target biomass
determine the appropriate degree of change in the following measures
setting cycle. Specifically, comparing the anticipated harvest (in
Phase 1) or dead catch (in Phase 2) and the estimated biomass
determines a percentage change in the harvest or total dead catch
target, which may be a liberalization, a reduction, or no change. The
percentage change is then applied to the expected recreational harvest
established in Step 1 to calculate the RHT during Phase 1 or applied to
the recreational catch to calculate the RCT during Phase 2.
Recreational management measures are then set to target the RHT or RCT
rather than the RHL or recreational ACT. The maximum potential
liberalization or reduction are capped for each biomass status as
represented in the third column of the two tables below.
[[Page 22769]]
Recreational Measures Setting Process
Phase 1: Modified Percent Change Approach Using the RHL and Harvest
The first phase of this action modifies the existing Percent Change
Approach process for setting recreational management measures for
summer flounder, scup, black sea bass, and bluefish. The revision adds
the following:
<bullet> an additional biomass category of around the target and
revising the biomass percentages for each category;
<bullet> treating overfished stocks separately with a new
classification category (last two rows); and
<bullet> three opportunities for status quo recreational management
measures compared to just one in the previous process.
The process will continue to use two factors to determine whether
management measures could remain status quo, could be liberalized, or
must be restricted. These two factors are:
<bullet> Comparison of a confidence interval around an estimate of
expected harvest under status quo measures to the average RHL for the
upcoming 2 years; and
<bullet> Biomass compared to the target level as defined by the
most recent stock assessment.
These two factors will also determine the appropriate degree of
change to recreational management measures, defined as a percentage
change in expected harvest. Table 1 shows the revised process.
Table 1--Phase 1 Management Response Table (RHL and Harvest)
------------------------------------------------------------------------
Factors to determine recommended change
--------------------------------------------------
(2) Stock biomass Change in Expected
(1) Future RHL vs Harvest compared to the Harvest
Estimate target stock size
(B/BMSY)
------------------------------------------------------------------------
Future 2-year average RHL is Very high (at Liberalization:
greater than the upper bound least 150% of percentage change
of the harvest estimate the target stock based on the
confidence interval (catch is size). difference between
expected to be lower than the the harvest estimate
RHL). and the 2-year
average RHL, not to
exceed 40%.
High (greater Liberalization:
than or equal to percentage change
110% and less based on the
than 150%). difference between
the harvest estimate
and the 2-year
average RHL, not to
exceed 20%.
Around the Target Liberalization: 10%.
(greater than or
equal to 90% and
less than 110%).
Low (greater than No Liberalization or
or equal to 50% Reduction: 0%.
and less than
90%).
Future 2-year average RHL is Very high to Low No Liberalization or
within the confidence (greater than Reduction: 0%.
interval of the harvest 50%).
estimate (harvest is expected
to be close to the RHL).
Future 2-year average RHL is Very high (at No Liberalization or
less than the lower bound of least 150% of Reduction: 0% unless
the harvest estimate the target stock an accountability
confidence interval (harvest size). measure is
is expected to exceed the High (greater triggered.
RHL). than or equal to Reduction: 10%.
110% and less
than 150%)..
Around the Target Reduction: percentage
(greater than or change based on the
equal to 90% and difference between
less than 110%). harvest estimate and
2-year average RHL,
not to exceed 20%.
Low (greater than Reduction: percentage
or equal to 50% change based on the
and less than difference between
90%). the harvest estimate
and the 2-year
average RHL, not to
exceed 40%.
Biomass compared Change in Harvest.
to target (SSB/
SSBMSY).
No comparison made............ Overfished (less No liberalizations
than 50% of allowed. Reduction %
target). = difference between
catch estimate and 2-
year avg. RHL. To be
replaced with
rebuilding plan
measures as soon as
possible.
------------------------------------------------------------------------
Phase 2: Modified Percent Change Approach Using the Recreational ACT
and Catch
The second phase of this action, effective for the 2030
specifications cycle and beyond, will continue the modified Percent
Change Approach using the recreational ACT and total dead catch instead
of the RHL and harvest to determine if recreational management measures
should change. Using the recreational ACT means that adjustments to
management measures would consider all predicted recreational dead
catch rather than harvest alone.
The revised process would use two factors to determine if
management measures could remain status quo, could be liberalized, or
must be restricted. These two factors are:
<bullet> Comparison of a confidence interval around an estimate of
expected catch under status quo measures to the average recreational
ACT for the upcoming 2 years; and
<bullet> Biomass compared to the target level as defined by the
most recent stock assessment.
These two factors also determine the appropriate degree of change
to recreational management measures, defined as a percentage change in
expected catch. Table 2 shows the management response table with
recreational ACT and catch replacing RHL and harvest.
[[Page 22770]]
Table 2--Phase 2 Management Response Table (Recreational ACT and Catch)
------------------------------------------------------------------------
Factors to determine recommended change
--------------------------------------------------
(4) Stock biomass Change in Expected
(3) Future ACT vs Catch compared to the Catch
Estimate target stock size
(B/BMSY)
------------------------------------------------------------------------
Future 2-year average ACT is Very high (at Liberalization:
greater than the upper bound least 150% of percent based on the
of the catch estimate the target stock difference between
confidence interval (catch is size). the catch estimate
expected to be lower than the ................. and the 2-year
ACT). High (greater average ACT, not to
than or equal to exceed 40%.
110% and less Liberalization:
than 150%).. percent based on the
difference between
the catch estimate
and the 2-year
average ACT, not to
exceed 20%.
Around the Target Liberalization: 10%.
(greater than or
equal to 90% and
less than 110%).
Low (greater than No Liberalization or
or equal to 50% Reduction: 0%.
and less than
90%).
Future 2-year average ACT is Very high to Low No Liberalization or
within the confidence (greater than Reduction: 0%.
interval of the catch 50%).
estimate (catch is expected
to be close to the ACT).
Future 2-year average ACT is Very high (at No Liberalization or
less than the lower bound of least 150% of Reduction: 0% unless
the catch estimate confidence the target stock an accountability
interval (catch is expected size). measure is
to exceed the ACT). High (greater triggered.
than or equal to Reduction: 10%.
110% and less
than 150%)..
Around the Target Reduction: percent
(greater than or change based on the
equal to 90% and difference between
less than 110%). catch estimate and 2-
year average ACT,
not to exceed 20%.
Low (greater than Reduction: percent
or equal to 50% based on the
and less than difference between
90%). the catch estimate
and the 2-year
average ACT, not to
exceed 40%.
Biomass compared Change in Catch.
to target (SSB/
SSBMSY).
No comparison made............ Overfished (less No liberalizations
than 50% of allowed. Reduction %
target). = difference between
catch estimate and 2-
year avg. ACT. To be
replaced with
rebuilding plan
measures as soon as
possible.
------------------------------------------------------------------------
Measure Setting Timing
As with Framework 17 and Framework 6, the RMS Process will adjust
measures in conjunction with the setting of catch and landings limits
in response to updated stock assessment information, which is currently
a 2-year cycle. Updated stock assessments are anticipated to be
available biennially for all four species. In the interim year (or
years, if stock assessment frequency changes), measures will be
reviewed and may be modified if new data suggest a major change in the
expected impacts of those measures on the stock or the fishery.
Phase Shift
Phase 1 of the RMS Process functions similar to the previous
version of the Percent Change Approach. The Council and Commission will
rely on the modified Percent Change Approach using the RHL and harvest
estimates while additional years of data are collected to understand
how using total dead catch will impact management measures. For the
2030 specifications, the RMS Process will shift to Phase 2 and begin
using the recreational ACT and dead catch estimates to set the RCT,
which management measures are designed to achieve but not exceed. The
transition to Phase 2 is not contingent on the outcome of additional
analysis nor will it require another rulemaking process; if the Council
and Commission want to use a different process, they would need to
complete a new recommendation for management action.
Bluefish
Bluefish has been under a rebuilding plan since 2022, and because
the rebuilding plan overlaps with the timeline for the Percent Change
Approach and RMS Process development, bluefish will continue to have
measures set based on the rebuilding plan until the stock is rebuilt,
which is estimated to be in 2028. The Council and Commission
recommended, and NMFS agreed, to delay implementation of Phase 1 of the
RMS Process and corresponding accountability measure changes for
bluefish until 2028. This delay is to allow time for the stock to
complete rebuilding and for the development of an appropriate
methodology for evaluating the impacts of measures on bluefish harvest
and discards in the RMS Process. Bluefish will transition to Phase 2 in
2030 with the other three species.
Recreational Accountability Measures
This interim final rule makes minimal to no changes to how
recreational accountability measures are triggered compared to current
requirements. Recreational accountability measures are still triggered
if the most recent three-year average recreational catch exceeds the
most recent three-year average recreational ACL for summer flounder,
scup, and black sea bass. If triggered, accountability measures apply
under all outcomes illustrated in tables 1 and 2.
The changes to the recreational accountability measures give
greater consideration to whether overfishing occurred as a result of a
recreational ACL overage when determining the appropriate response. A
pound-for-pound payback is still required when any stock is overfished
or under a rebuilding plan or the biomass is below 50 percent of
B<INF>MSY</INF>. When the stock is above 50 percent of B<INF>MSY</INF>,
not overfished, and/or not under a rebuilding plan, either a scaled
payback is required or measures may be modified, depending on the
biomass level. The accountability measures also
[[Page 22771]]
include wording to better explain how they would work under different
combinations of fishing mortality and stock status. These changes
incorporate stock status when applying accountability measures and also
provide a consideration of stability in measures and to achieve optimum
yield.
While revisions to the bluefish accountability measures will not be
effective until 2028, they are included in this rule. Until January 1,
2028, the current bluefish accountability measure regulations at 50 CFR
648.163(d) continue to be in effect, and after that the new measures
will take effect. The revised bluefish accountability measures compare
total catch (landings and dead discards) with the most recent 3-year
average recreational ACL, unless there has been a transfer between the
recreational and commercial sectors; if there has been a transfer, then
the most recent single-year recreational catch to recreational ACL
comparison is used.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the Assistant Administrator has
determined that this interim final rule is consistent with the Summer
Flounder, Scup, and Black Sea Bass, and Bluefish FMPs, other provisions
of the Magnuson-Stevens Act, and other applicable law.
This interim final rule has been determined to be not significant
for purposes of Executive Order (E.O.) 12866.
This interim final rule is not an E.O. 14192 regulatory action
because this rule is not significant under E.O. 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and opportunity for public comment on this action because the
time necessary to provide such prior notice and opportunity for public
comment would be contrary to the public interest.
Framework 17 and Framework 6 sunsetted in December 2025. As set
forth above, the Percent Change Approach established by these
frameworks and used in the development of recreational management
measures from 2023 to 2025 has provided better management results than
the prior approach; for example, in 2024 black sea bass recreational
harvest and dead catch were under the RHL and recreational ACL,
respectively, for the first time in 5 years. Framework 17 was
challenged in litigation, and the court held that the Percent Change
Approach and the implementing regulations satisfied applicable MSA and
APA requirements. (Natural Resources Defense Council v. Raimondo, No.
23-982 (BAH), 2024 WL 4056653 (D.D.C. Sept. 5, 2024)).
Framework 19 and Framework 7 make relatively minor changes to
Framework 17 and Framework 6, both of which were themselves subject to
notice and comment. NMFS is making changes to Frameworks 17 and 6 based
on public and industry feedback after a few years of using those
frameworks with the goal of improving efficiency while providing
additional stability for fishery participants. As discussed above, the
changes include an additional biomass category, an increase in ``no
change'' opportunities, and consideration of overfished stocks
separately. The public is now familiar with how the system operates
because the process outlined in Framework 17 was used to manage the
summer flounder, scup, and black sea bass fisheries during the 2023 to
2025 fishing years. Managers, commercial industry representatives, and
recreational fishing participants have expressed broad support for the
timely continuation of this process with the changes included in this
action. The continuation of the RMS Process with slight revisions via
this interim final rule is highly anticipated.
If Framework 19 for summer flounder, scup, and black sea bass is
not effective immediately, measures for 2026 will remain the 2025
Federal coastwide measures. Making Framework 19 effective immediately
will allow for NMFS to instead set 2026-2027 recreational management
measures (established via a separate interim final rule to be published
as soon as possible) that are consistent with Framework 19 by the
beginning of the applicable 2026 recreational fishing seasons. Because
the 2026-2027 recreational management measures must be implemented
under the process and methodology established by Framework 19, this
interim final rule must be effective before those recreational
management measures can be promulgated.
Delaying the implementation of this rule while accepting public
comment would result in significant negative economic impacts on
fishing communities and for-hire business owners, as well limitations
on the fishing experience of anglers, without providing concomitant
conservation benefits. By default, Federal for-hire permit holders must
comply with more restrictive coastwide measures (50 CFR 648.4(b)).
Routinely, the recreational management measures rulemaking applicable
to a given year or years waives Federal coastwide measures for summer
flounder and black sea bass in favor of state regulations through
conservation equivalency, which allows states to set measures tailored
to their fishing communities' needs while resulting in the same
conservation benefit as would accrue from the coastwide measures. The
recreational fishing seasons for black sea bass in the southern states
within the Greater Atlantic Region, such as Maryland and Delaware, open
on May 1, 2026. The current coastwide measures, which cannot be waived
in favor of state measures until the 2026-2027 recreational management
measures rulemaking is effective, do not open the season until May 15,
2026.
Additionally, the minimum size for black sea bass in Federal waters
would be 2.5 inches (6.35 cm) longer with a bag limit of 10 fewer fish
than what would be in place for some states' waters. Undertaking notice
and comment on this rulemaking would prevent Federal for-hire permit
holders from undertaking fishing trips they have already booked for the
first 15 days in May and impose more restrictive size and bag limits on
all anglers for no conservation purpose.
Moreover, because of differences in how and when black sea bass
become available to anglers along the coast, the application of the
default coastwide measures that would be required to allow for notice
and comment would impact the various states differently, resulting in
inequity largely between northern and southern anglers. For example,
the opening date for black sea bass in Massachusetts is anticipated to
be May 17, 2026, compared to May 1, 2026, for Maryland, where black sea
bass are available earlier than in waters farther north. Leaving in
place the coastwide measures, which open the fishing season on May 15,
2026, would have less of an impact on states that open their fisheries
later. Thus, delaying implementation of this interim final rule would
have inequitable impacts along the eastern seaboard.
Immediate implementation of this rule would enable NMFS (via the
related 2026-2027 recreational management measures rulemaking that will
follow this one) to approve conservation equivalency after review of
the Commission-certified conservationally equivalent state measures, as
described above, for the mid-Atlantic states of Massachusetts through
North Carolina. Conservation equivalency allows for consistent
recreational measures in state and Federal waters, clarifying
requirements for anglers, increasing compliance, and avoiding
enforcement issues while allowing measures tailored to the needs of
each state.
[[Page 22772]]
We are inviting public comment on this interim final rule, and we
will consider responding to any comments received in a subsequent final
rule addressing both this interim final rule and the interim final rule
establishing the 2026 and 2027 summer flounder, scup, and black sea
bass recreational management measures (RIN 0648-BO39) if warranted. In
the meantime, it is contrary to the public interest to provide the
opportunity for public comment prior to making Framework 19 and
Framework 7 effective. For the same reasons, there is good cause to
waive the 30-day delay in effective date pursuant to 5 U.S.C.
553(d)(3). In addition, the regulated community is anticipating the
implementation of 2026-2027 recreational management measures consistent
with the frameworks approved via this interim final rule and thus does
not require 30 days to come into compliance with this rule.
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 opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 23, 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. 648.102 by revising paragraph (d)(2)(ii) to read as
follows:
Sec. 648.102 Summer flounder specifications.
* * * * *
(d) * * *
(2) * * * (ii) The ASMFC will review conservation equivalency
proposals and determine whether or not they achieve the necessary
recreational target. The ASMFC will provide the Regional Administrator
with the individual State and/or multi-State region conservation
measures for the approved State and/or multi-State region proposals
and, in the case of disapproved State and/or multi-State region
proposals, the precautionary default measures that should be applied to
a State or region. At the request of the ASMFC, precautionary default
measures would apply to federally permitted party/charter vessels and
other recreational fishing vessels harvesting summer flounder in or
from the EEZ when landing in a State that implements measures not
approved by the ASMFC.
* * * * *
0
3. Amend Sec. 648.103 by revising paragraph (d) to read as follows:
Sec. 648.103 Summer flounder accountability measures.
* * * * *
(d) Recreational AMs. If the most recent 3-year average
recreational ACL is exceeded, then the following procedure will be
followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown and the most recent 3-year average
recreational ACL has been exceeded, then the exact amount, in pounds,
by which the most recent 3-year average recreational catch estimate
exceeded the most recent 3-year average recreational ACL will be
deducted, in the following fishing year, or as soon as possible,
thereafter, once catch data are available, from the recreational ACT.
This payback may be evenly spread over 2 years if doing so allows for
use of identical recreational management measures across the upcoming 2
years.
(2) If biomass is above the threshold, but below 90% of the target,
and the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/B<INF>MSY</INF> is greater
than 0.5), but below 90 percent of the biomass target (B/
B<INF>MSY</INF> is less than 0.9), the stock is not under a rebuilding
plan, and the most recent 3-year average recreational ACL has been
exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no Accountability
Measure response is required. If an estimate of total fishing mortality
is not available for the most recent complete year of catch data, then
a comparison of total catch relative to the ABC will be used.
(ii) If F has exceeded F<INF>MSY</INF> (or the proxy). If the most
recent estimate of total fishing mortality exceeds F<INF>MSY</INF> (or
the proxy), then an adjustment to the recreational ACT will be made as
soon as possible, once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. If an estimate of total
fishing mortality is not available for the most recent complete year of
catch data, then a comparison of total catch relative to the ABC will
be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year recreational ACL, and the
payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this
section. This payback may be evenly spread over 2 years if doing so
allows for use of identical recreational management measures across the
upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and B<INF>MSY</INF> (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY.</INF> (3) If
biomass is greater than or equal to 90 percent of B<INF>MSY</INF> (B/
B<INF>MSY</INF> is 0.9 or greater). If the most recent estimate of
biomass is greater than or equal to 90 percent of the target
B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> is 0.9 or greater), the stock
is not under a rebuilding plan, and the most recent 3-year average
recreational ACL has been exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no AM response is
required. If an estimate of total fishing mortality is not available
for the most recent complete year of catch data, then a comparison of
total catch relative to the ABC will be used.
(ii) If F has exceeded the F<INF>MSY</INF> (or the proxy). If the
most recent estimate of total fishing mortality exceeds F<INF>MSY</INF>
(or
[[Page 22773]]
the proxy), then an adjustment to recreational measures may be made for
the following year, or as soon as possible once catch data are
available. Adjustments should take into account the performance of the
measures and conditions that precipitated the overage. If recreational
measures would otherwise be liberalized following the process as
prescribed in the FMP, then the scale of the liberalization may be
reduced, or status quo measures may be used, to account for the AM. If
an estimate of total fishing mortality is not available for the most
recent complete year of catch data, then a comparison of total catch
relative to the ABC will be used.
* * * * *
0
4. Amend Sec. 648.123 by revising paragraph (d) to read as follows:
Sec. 648.123 Scup accountability measures.
* * * * *
(d) Recreational AMs. If the most recent 3-year average
recreational ACL is exceeded, then the following procedure will be
followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown, and the most recent 3-year average
recreational ACL has been exceeded, then the exact amount, in pounds,
by which the most recent 3-year average recreational catch estimate
exceeded the most recent 3-year average recreational ACL will be
deducted in the following fishing year, or as soon as possible,
thereafter, once catch data are available, from the recreational ACT.
This payback may be evenly spread over 2 years if doing so allows for
use of identical recreational management measures across the upcoming 2
years.
(2) If biomass is above the threshold, but below 90 percent of the
target, and the stock is not under rebuilding. If the most recent
estimate of biomass is above the biomass threshold (B/B<INF>MSY</INF>
is greater than 0.5), but below 90 percent of the biomass target (B/
B<INF>MSY</INF> is less than 0.9), the stock is not under a rebuilding
plan, and the most recent 3-year average recreational ACL has been
exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no AM response is
required. If an estimate of total fishing mortality for the most recent
complete year of catch data is not available, then a comparison of
total catch relative to the ABC will be used.
(ii) If F has exceeded F<INF>MSY</INF> (or the proxy). If the most
recent estimate of total fishing mortality exceeds F<INF>MSY</INF> (or
the proxy), then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. If an estimate of total
fishing mortality for the most recent complete year of catch data is
not available, then a comparison of total catch relative to the ABC
will be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year recreational ACL, and the
payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this
section. This payback may be evenly spread over 2 years if doing so
allows for use of identical recreational management measures across the
upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and B<INF>MSY</INF> (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY.</INF> (3) If
biomass is greater than or equal to 90 percent of the biomass target
(B/B<INF>MSY</INF> is 0.9 or greater). If the most recent estimate of
biomass is greater than or equal to 90 percent of the target
B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> is 0.9 or greater), the stock
is not under a rebuilding plan, and the most recent 3-year average
recreational ACL has been exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no AM response is
required. If an estimate of total fishing mortality is not available
for the most recent complete year of catch data, then a comparison of
total catch relative to the ABC will be used.
(ii) If F has exceeded the F<INF>MSY</INF> (or the proxy). If the
most recent estimate of total fishing mortality exceeds F<INF>MSY</INF>
(or the proxy), then an adjustment to recreational measures may be made
for the following year, or as soon as possible once catch data are
available. Adjustments should take into account the performance of the
measures and conditions that precipitated the overage. If recreational
measures would otherwise be liberalized following the process as
prescribed in the FMP, then the scale of the liberalization may be
reduced, or status quo measures may be used, to account for the AM. If
an estimate of total fishing mortality is not available for the most
recent complete year of catch data, then a comparison of total catch
relative to the ABC will be used.
* * * * *
0
5. Amend Sec. 648.143 by revising paragraph (d) to read as follows:
Sec. 648.143 Black sea bass accountability measures.
* * * * *
(d) Recreational AMs. If the most recent 3-year average
recreational ACL is exceeded, then the following procedure will be
followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown, and the most recent 3-year average
recreational ACL has been exceeded, then the exact amount, in pounds,
by which the most recent 3-year average recreational catch estimate
exceeded the most recent 3-year average recreational ACL will be
deducted in the following fishing year, or as soon as possible
thereafter, once catch data are available, from the recreational ACT.
This payback may be evenly spread over 2 years if doing so allows for
use of identical recreational management measures across the upcoming 2
years.
(2) If biomass is above the threshold, but below 90 percent of the
biomass target, and the stock is not under rebuilding. If the most
recent estimate of biomass is above the biomass threshold (B/
B<INF>MSY</INF> is greater than 0.5), but below 90 percent of the
biomass target (B/B<INF>MSY</INF> is less than 0.9), the stock is not
under a rebuilding plan, and the most recent 3-year average
recreational ACL has been exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no Accountability
Measure response is required. If an estimate of total fishing mortality
is not available for the most recent complete year of catch data, then
a comparison of total catch relative to the ABC will be used.
(ii) If F has exceeded F<INF>MSY</INF> (or the proxy). If the most
recent estimate of total fishing mortality exceeds F<INF>MSY</INF> (or
the proxy), then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available, as described in
paragraph
[[Page 22774]]
(d)(2)(ii)(A) of this section. If an estimate of total fishing
mortality for the most recent complete year of catch data is not
available, then a comparison of total catch relative to the ABC will be
used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year recreational ACL, and the
payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this
section. This payback may be evenly spread over 2 years if doing so
allows for use of identical recreational management measures across the
upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and B<INF>MSY</INF> (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY.</INF> (3) If
biomass is greater than or equal to 90 percent of the biomass target
(B/B<INF>MSY</INF> is 0.9 or greater). If the most recent estimate of
biomass is greater than or equal to 90 percent of the target
B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> is 0.9 or greater), the stock
is not under a rebuilding plan, and the most recent 3-year average
recreational ACL has been exceeded, then the following AMs will apply:
(i) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no AM response is
required. If an estimate of total fishing mortality is not available
for the most recent complete year of catch data, then a comparison of
total catch relative to the ABC will be used.
(ii) If F has exceeded the F<INF>MSY</INF> (or the proxy). If the
most recent estimate of total fishing mortality exceeds F<INF>MSY</INF>
(or the proxy), then an adjustment to recreational measures may be made
for the following year, or as soon as possible once catch data are
available. Adjustments should take into account the performance of the
measures and conditions that precipitated the overage. If recreational
measures would otherwise be liberalized following the process as
prescribed in the FMP, then the scale of the liberalization may be
reduced, or status quo measures may be used, to account for the AM. If
an estimate of total fishing mortality is not available for the most
recent complete year of catch data, then a comparison of total catch
relative to the ABC will be used.
* * * * *
0
6. Revise Sec. 648.163 to read as follows:
Sec. 648.163 Bluefish Accountability Measures (AMs).
(a) ACL overage evaluation. The ACLs will be evaluated based on a
single-year examination of total catch (landings and dead discards).
Both landings and dead discards will be evaluated in determining if the
ACLs have been exceeded. Effective January 1, 2028, for the
recreational fishery, this comparison will be based on the most recent
3-year average recreational ACL if there were no commercial/
recreational transfers as outlined in Sec. 648.162(b)(2) during those
years. If a transfer occurred in those years, the recreational ACL
overage evaluation will be based on the single most recent year.
(b) Commercial sector EEZ closure. NMFS shall close the EEZ to
fishing for bluefish by commercial vessels for the remainder of the
calendar year by publishing notification in the Federal Register if the
Regional Administrator determines that the inaction of one or more
states will cause the ACL specified in Sec. 648.160(a) to be exceeded,
or if the commercial fisheries in all states have been closed. NMFS may
reopen the EEZ if earlier inaction by a state has been remedied by that
state, or if commercial fisheries in one or more states have been
reopened without causing the ACL to be exceeded.
(c) State commercial landing quotas. The Regional Administrator
will monitor state commercial quotas based on dealer reports and other
available information and shall determine the date when a state
commercial quota will be harvested. NMFS shall publish notification in
the Federal Register advising a state that, effective upon a specific
date, its commercial quota has been harvested and notifying vessel and
dealer permit holders that no commercial quota is available for landing
bluefish in that state.
(1) Commercial landings overage repayment. All bluefish landed for
sale in a state shall be applied against that state's annual commercial
quota, regardless of where the bluefish were harvested. Any overages of
the commercial quota landed in any state will be deducted from that
state's annual quota for the following year, irrespective of whether
the fishery-level ACL is exceeded. If a state has increased or reduced
quota through the transfer process described in Sec. 648.162, then any
overage will be measured against that state's final adjusted quota.
(2) Combined quota overage. If there is a quota overage at the end
of the fishing year among states involved in the combination of quotas,
the overage will be deducted from the following year's quota for each
of the states involved in the combined quota, irrespective of whether
the fishery-level ACL is exceeded. The deduction will be proportional,
based on each state's relative share of the combined quota for the
previous year. A transfer of quota or combination of quotas does not
alter any state's percentage share of the overall quota specified in
Sec. 648.162(d)(1).
(d) Recreational AM when the recreational ACL is exceeded and no
sector-to-sector transfer of allowable landings has occurred. Through
December 31, 2027, the accountability measures under paragraphs (d)(1)
to (d)(3) of this section will apply if the recreational ACL is
exceeded and no transfer between the commercial and recreational sector
was made for the fishing year, as outlined in Sec. 648.162(b)(2), and
the following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the most recent
year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted from the following year's
recreational ACT, or as soon as possible thereafter, once catch data
are available. This payback may be evenly spread over 2 years if doing
so allows for use of identical recreational management measures across
the upcoming 2 years.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/B<INF>MSY</INF> is greater
than 0.5), but below the biomass target (B/B<INF>MSY</INF> is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the recreational ACL has been exceeded. If the recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy).
If the most recent estimate of total fishing mortality exceeds FMSY (or
the proxy) then an adjustment to the recreational ACT will be made as
soon as possible
[[Page 22775]]
once catch data are available. If an estimate of total fishing
mortality for the most recent complete year of catch data is not
available, then a comparison of total catch relative to the ABC will be
used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the
recreational ACL overage and the payback coefficient, as specified in
paragraph (d)(2)(ii)(B) of this section. This payback may be evenly
spread over 2 years if doing so allows for use of identical
recreational management measures across the upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimates of B<INF>MSY</INF> and biomass (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY.</INF>
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater than 1.0), then
adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(e) Effective January 1, 2028. For the recreational fishery,
revised Recreational Accountability Measures and ACL overage
evaluations will be effective January 1, 2028. The ACL comparison, and
any associated payback amounts, will be based on the most recent 3-year
average recreational ACL if there were no commercial/recreational
transfers as outlined in Sec. 648.162(b)(2) during those years. If a
transfer occurred in those years, the recreational ACL overage
evaluation, and any associated payback amounts, will be based on the
single most recent year.
(1) Recreational AM when the recreational ACL is exceeded. If it
has been determined that the recreational ACL is exceeded as described
in Sec. 648.163(e) then the following procedure will be followed:
(i) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the recreational
catch estimate exceeded the recreational ACL will be deducted from the
following year's recreational ACT, or as soon as possible thereafter,
once catch data are available. This payback may be evenly spread over 2
years if doing so allows for use of identical recreational management
measures across the upcoming 2 years.
(ii) If biomass is above the threshold, but below 90 percent of the
target, and the stock is not under rebuilding. If the most recent
estimate of biomass is above the biomass threshold (B/B<INF>MSY</INF>
is greater than 0.5), but below 90 percent of the biomass target (B/
B<INF>MSY</INF> is less than 0.9), the stock is not under a rebuilding
plan, and the recreational ACL has been exceeded, then the following
AMs will apply:
(A) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent estimate of total fishing mortality has
not exceeded F<INF>MSY</INF> (or the proxy), then no Accountability
Measure response is required. If an estimate of total fishing mortality
is not available for the most recent complete year of catch data, then
a comparison of total catch relative to the ABC will be used.
(B) If F has exceeded F<INF>MSY</INF> (or the proxy). If the most
recent estimate of total fishing mortality exceeds F<INF>MSY</INF> (or
the proxy) then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available. If an estimate of total
fishing mortality for the most recent complete year of catch data is
not available, then a comparison of total catch relative to the ABC
will be used.
(1) Adjustment to Recreational ACT. If an adjustment to the
following year's recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the
recreational ACL overage and the payback coefficient, as specified in
paragraph (e)(1)(ii)(B)(2) of this section. This payback may be evenly
spread over 2 years if doing so allows for use of identical
recreational management measures across the upcoming 2 years.
(2) Payback coefficient. The payback coefficient is the difference
between the most recent estimates of B<INF>MSY</INF> and biomass (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY</INF>.
(iii) If biomass is greater than or equal to 90 percent of the
biomass target (B<INF>MSY</INF> is 0.9 or greater). If the most recent
estimate of biomass is greater than or equal to 90 percent of the
target B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> is 0.9 or greater), the
stock is not under a rebuilding plan, and recreational ACL has been
exceeded, then the following AMs will apply:
(A) If fishing mortality (F) has not exceeded F<INF>MSY</INF> (or
the proxy). If the most recent total F estimate has not exceeded
F<INF>MSY</INF> (or the proxy), then no AM response is required. If an
estimate of total fishing mortality is not available for the most
recent complete year of catch data, then a comparison of total catch
relative to the ABC will be used.
(B) If F has exceeded F<INF>MSY</INF> (or the proxy). If the most
recent estimate of total fishing mortality exceeds F<INF>MSY</INF> (or
the proxy), then adjustments to recreational measures may be made for
the following year, or as soon as possible once catch data are
available. Adjustments should take into account the performance of the
measures and conditions that precipitated the overage. If recreational
management measures would otherwise be liberalized following the
process as prescribed in the FMP, then the scale of the liberalization
may be reduced, or status quo measures may be used, to account for the
AM. If an estimate of total fishing mortality is not available for the
most recent complete year of catch data, then a comparison of total
catch relative to the ABC will be used.
(2) [Reserved]
(f) AM for when the ACL is exceeded and a sector-to-sector transfer
of allowable landings has occurred. If the fishery-level ACL is
exceeded and landings from the recreational fishery and/or the
commercial fishery are determined to have caused the overage, and a
transfer between the commercial and recreational sector has occurred
for the fishing year, as outlined in Sec. 648.162(b)(2), then the
amount transferred between the recreational and commercial sectors may
be reduced by the ACL overage amount (pound-for-pound repayment) in a
subsequent, single fishing year if the Bluefish Monitoring Committee
determines that the ACL overage was the result of too liberal a
landings transfer between the two sectors. If the Bluefish Monitoring
Committee determines that the ACL overage was not the result of the
landings transfer, the recreational AMs described in paragraphs (d) and
(e) of this section will be implemented.
(g) Non-landing AMs. In the event that the fishery-level ACL has
been exceeded and the overage has not been accommodated through the AM
measures in paragraphs (a) through (e) of this section, then the exact
amount, in pounds, by which the fishery-level ACL was exceeded shall be
deducted, as soon as possible, from subsequent, single fishing year
ACTs. The payback will be applied to each sector's ACT in proportion to
each sector's contribution to the overage.
(h) State/Federal disconnect AM. If the total catch, allowable
landings, commercial quotas, and/or recreational harvest limit measures
adopted by the
[[Page 22776]]
ASMFC Bluefish Management Board and the MAFMC differ for a given
fishing year, administrative action will be taken as soon as is
practicable to revisit the respective recommendations of the two
groups. The intent of this action shall be to achieve alignment through
consistent state and Federal measures so no differential effects occur
to Federal permit holders.
[FR Doc. 2026-08205 Filed 4-27-26; 8:45 am]
BILLING CODE 3510-22-P
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