Rule2026-08409
Fisheries of the Northeastern United States; 2026 and 2027 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures
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Published
April 30, 2026
Effective
April 30, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements Federal management measures for the 2026 and 2027 summer flounder, scup, and black sea bass recreational fisheries. This action implements management measures intended to allow these recreational fisheries to achieve, but not exceed, the recreational harvest target and thereby prevent overfishing.
Full Text
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Rules and Regulations]
[Pages 23178-23184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08409]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260427-0113]
RIN 0648-BO39
Fisheries of the Northeastern United States; 2026 and 2027 Summer
Flounder, Scup, and Black Sea Bass Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS approves and implements Federal management measures for
the 2026 and 2027 summer flounder, scup, and black sea bass
recreational fisheries. This action implements management measures
intended to allow these recreational fisheries to achieve, but not
exceed, the recreational harvest target and thereby prevent
overfishing.
DATES: Effective April 30, 2026. Comments must be received by May 15,
2026.
ADDRESSES: A plain language summary of this interim final Rule is
available at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-0331">https://www.regulations.gov/docket/NOAA-NMFS-2026-0331</a>.
You may submit comments on this document, identified by NOAA-NMFS-2026-
0331, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type NOAA-NMFS-2026-0331 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov
[[Page 23179]]
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).
FOR FURTHER INFORMATION CONTACT: Savannah Lewis, Fishery Management
Specialist, (978) 281-9348, or <a href="/cdn-cgi/l/email-protection#4f1c2e392e21212e2761032a38263c0f21202e2e61282039"><span class="__cf_email__" data-cfemail="db88baadbab5b5bab3f597beacb2a89bb5b4babaf5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
NMFS is implementing 2026 and 2027 summer flounder, scup, and black
sea bass recreational management measures under the Summer Flounder,
Scup, and Black Sea Bass Fishery Management Plan (FMP). The Mid-
Atlantic Fishery Management Council (Council), in cooperation with the
Atlantic States Marine Fisheries Commission (Commission), recommends
management measures for the summer flounder, scup, and black sea bass
recreational fisheries in the Greater Atlantic Region. The Council,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), develops recommendations regarding
fisheries in Federal waters seaward of New York, New Jersey, Delaware,
Pennsylvania, Maryland, Virginia, and North Carolina. The Commission,
pursuant to the Atlantic Coastal Fisheries Cooperative Management Act,
addresses fisheries in state waters from Florida to Maine.
These bodies work together in the development of complementary FMPs
for summer flounder, scup, and black sea bass because they are
harvested in both Federal and state waters. Each year these bodies work
together to develop recreational management recommendations for these
fisheries. The Council 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.
Measures are generally set for 2 years to balance a need for
consistency and responsiveness to changes in information. In interim
years, measures are reviewed and will remain unchanged unless new
information suggests a major change in the expected impacts of those
measures on the stock or the fishery. Measures are set so that
recreational harvest achieves, but does not exceed, the recreational
harvest targets determined through the application of the Recreational
Management Measures Setting Framework, established via Framework
Adjustment 19 to the Summer Flounder, Scup, and Black Sea Bass FMP and
Framework Adjustment 7 to the Bluefish FMP, also known as the
Recreational Measures Setting (RMS) Process Framework (91 FR 22766;
April 28, 2026).
Summary of Approved Measures
Pursuant to the regulations at 50 CFR 648.102(d) and 648.142(d),
NMFS must implement coastwide measures or approve conservation-
equivalent measures for summer flounder and black sea bass as soon as
possible following the Council and Board's recommendation. This rule
implements the following recreational management measures as
recommended by the Council and Board, pursuant to Magnuson-Stevens Act
sections 303(c) and 304(b):
<bullet> Conservation equivalency (i.e., waiving Federal
recreational management measures) in 2026 and 2027 for summer flounder,
with status quo coastwide measures;
<bullet> Conservation equivalency in 2026 and 2027 for black sea
bass, with 20-percent liberalization in coastwide measures; and
<bullet> Status quo measures for scup with no adjustments to the
Federal recreational management measures.
This interim final rule would also implement administrative
revisions and corrections to existing summer flounder, black sea bass,
and bluefish regulations that, while not recommended by the Council or
Commission as part of the recreational management measures setting
process, were reviewed by them and would be implemented pursuant to
section 305(d) of the Magnuson-Stevens Act.
Recreational Management Measures Process
The RMS Process uses a Percent Change Approach for determining when
and by what magnitude recreational management measures (i.e.,
possession limits, size limits, and season) may be changed. The RMS
Process uses two factors to determine if management measures should
remain status quo, could be liberalized, or must be restricted. First,
the average recreational harvest limit (RHL) for the upcoming 2 years
is compared to a confidence interval around an estimate of expected
future harvest under the current measures (i.e., status quo measures).
Expected future harvest is determined by the Recreational Demand Model
(RDM), which is a bio-economic model that has been used for setting
recreational summer flounder, scup, and black sea bass measures since
2023. Second, biomass is compared to the target biomass level, as
defined by the most recent stock assessment. Together, these two
factors determine the appropriate magnitude of change, defined as a
percentage change in expected harvest. The percentage change is then
applied to the preexisting recreational harvest target (RHT), expressed
as weight, to produce the following year's RHT. The RHT can be less
than, equal to, or greater than the RHL depending upon the expected
future harvest and the biomass of the stock.
The Monitoring Committee, which consists of representatives from
the Commission, the Council, state marine fishery agencies from
Massachusetts to North Carolina, and NMFS, evaluates changes to
recreational management measures to achieve the required percent change
and RHT. The FMP allows for only three types of recreational management
measures: (1) minimum and/or maximum fish size, (2) per-angler
possession limit, and (3) fishing season. While the RMS Process was
followed in a straightforward manner for summer flounder and scup, as
explained below, the outcome for black sea bass was adjusted to account
for unanticipated results from the process stemming from the use of a
new assessment model.
The Council and the Commission then consider the Monitoring
Committee's recommendations and any public comments in making their
recommendations. The Council forwards its recommendations to NMFS for
review. The Commission similarly adopts recommendations for the states.
NMFS reviews the Council's recommendations to ensure that they are
consistent with the FMP and all applicable laws and Executive Orders
before approving and implementing measures for Federal waters.
Commission measures are final at the time they are adopted. Although
this interim final rule is effective upon publication, NMFS will
consider public comments received during the comment period provided
above and make any necessary revisions in a later rule, if warranted.
Scup Recreational Management Measures
After applying the RMS Process for scup, the Council recommended,
and the Commission adopted, status quo
[[Page 23180]]
measures and RHT at a joint meeting in December 2025. The RDM estimated
the expected 2026-2027 harvest under status quo (i.e., 2025) measures,
with an associated 80-percent confidence interval (table 1). The median
coastwide projected harvest is 15.77 million pounds (lb; 7,153 metric
ton (mt)), with an 80-percent confidence interval of 14.08-17.67
million lb (6,387-8,015 mt). The average 2026 and 2027 scup RHL of
12.38 million lb (5,615 mt) is below the lower bound of the confidence
interval around projected harvest; this means that scup harvest is
estimated to exceed the RHL under status quo measures.
According to the 2025 management track assessment (using data
through 2024), scup is not overfished, and overfishing is not
occurring. Scup biomass is 323 percent of the biomass target, which
puts scup in the ``very high'' biomass category (i.e., biomass is
greater than 150 percent of the target level).
The projected harvest compared to the RHL, and the biomass compared
to the biomass target, places scup in a ``no liberalization or
reduction'' category under the RMS Process. The intent of the RMS
Process is to gradually bring harvest to the RHL, while preventing
large swings in the management measures, in light of the status of the
stock. Therefore, we are not implementing any changes in Federal
measures, consistent with the recommendation of the Council and
approved by the Board. The scup measures are a 10-inch (25.4-cm)
minimum fish size, a 40-fish per person possession limit, and an open
season from January 1 through December 31.
Table 1--Estimated Scup Harvest, Associated Confidence Interval, 2026-2027 Average RHL, Stock Size Category, and
Resulting Percent Change Recommended
----------------------------------------------------------------------------------------------------------------
80-percent
Estimated harvest under status confidence Average 2026-2028 Stock size Recommended
quo measure interval RHL category percent change
----------------------------------------------------------------------------------------------------------------
15.77 million lb (7,153 mt)..... 14.08-17.67 12.38 million lb Very High......... None.
million lb (6,387- (5,615 mt).
8,015 mt).
----------------------------------------------------------------------------------------------------------------
Summer Flounder and Black Sea Bass Conservation Equivalency Measures
The regulations at Sec. Sec. 648.102(d)(2) and 648.142(d)(2) allow
for conservation equivalency for summer flounder and black sea bass,
under which Federal recreational measures are waived. Conservation
equivalency means that the combination of state or regional measures
provides the equivalent conservation as the coastwide measures.
Federally permitted party/charter vessels and all recreational vessels
fishing in Federal waters are subject to the recreational fishing
measures implemented by the state in which they land. This approach
allows for more customized measures at a state or regional level that
are likely to meet the needs of anglers in each area, compared to
coastwide measures that may be advantageous to anglers in some areas
and unnecessarily restrictive in others. The combination of state or
regional measures must achieve equivalent conservation as the coastwide
measures recommended by the Council and the Commission.
The Council and the Commission meet annually or biennially to
recommend either state- or region-specific recreational measures (i.e.,
conservation equivalency) or coastwide management measures. Even if the
Council and Commission recommend conservation equivalency, the Council
must specify a set of non-preferred coastwide measures that would apply
if conservation equivalency is not approved for use in Federal waters.
When conservation equivalency is recommended, the Commission
certifies that the state or regional measures developed through its
technical and policy review processes achieve conservation equivalency.
NMFS then waives for the appropriate years the permit condition found
at Sec. 648.4(b) that requires Federal permit holders to comply with
the more restrictive management measures when state and Federal
measures differ. In such a situation, federally permitted summer
flounder and black sea bass charter/party permit holders and
individuals fishing for summer flounder and black sea bass in Federal
waters are subject to the recreational fishing measures implemented by
the state in which they land, rather than the coastwide measures.
In addition, the Council and Commission must recommend
precautionary default measures when recommending conservation
equivalency. The Commission would require adoption of the precautionary
default measures by any state that either does not submit a management
proposal to the Commission's Technical Committee or that submits
measures that are not conservationally equivalent to the coastwide
measures.
The Commission and the individual states collaborate on the
development of conservationally equivalent measures. The selection of
appropriate data and analytical techniques for technical review of
potential state conservation-equivalent measures and the process by
which the Commission evaluates and recommends proposed conservation-
equivalent measures are determined by the Commission and its individual
member states.
Once the states and regions select their final summer flounder and
black sea bass management measures through their respective
development, analytical, and review processes and submit them to the
Commission, the Commission conducts further review and evaluation of
the submitted proposals and then notifies NMFS as to which proposals
have been approved or disapproved. NMFS has no authority over the
development of state or Commission management measures but is an equal
participant, along with the member states, in the review process. NMFS
neither approves nor implements individual states' measures but retains
final authority to approve or disapprove the use of conservation
equivalency.
On April 13, 2026, the Commission notified NMFS that it had
certified that the 2026 and 2027 recreational fishing measures to be
implemented in state waters for summer flounder and black sea bass are,
collectively, the conservation equivalent of the fish sizes, seasons,
and possession limits recommended by the Council and prescribed in
Sec. Sec. 648.104(b), 648.105, and 648.106(a), respectively, for
summer flounder and in Sec. Sec. 648.145(a), 648.146, and 648.147(b),
respectively, for black sea bass. According to Sec. Sec. 648.102(d)(2)
and 648.142(d)(2), if conservation equivalency is adopted, vessels
subject to the recreational fishing measures are not subject to Federal
measures and instead are subject to the recreational fishing measures
implemented by the state in which they land. Pursuant to the
Commission's certification, Sec. Sec. 648.107 and 648.151 are amended
through this
[[Page 23181]]
interim final rule to recognize state-implemented measures as the
conservation equivalent of the Federal coastwide recreational
management measures for 2026 and 2027.
2026 and 2027 Summer Flounder Recreational Management Measures
After applying the RMS Process for summer flounder, the Council and
Board recommended status quo measures and RHT and conservation
equivalency at a joint meeting in December 2025. The non-preferred
coastwide measures will remain status quo and are waived for 2026 and
2027 by conservation equivalency via this interim final action.
However, the coastwide measures become the default management measures
the year after conservation equivalency expires (in this case, 2028)
until either coastwide or new conservationally equivalent measures are
established.
The non-preferred coastwide measures recommended by the Council and
Commission are an 18.5-inch (46.99-cm) minimum fish size, a three-fish
per person possession limit, and an open season from May 8 through
September 30. The 2026 and 2027 precautionary default measures are
identical to those in place for 2024 and 2025--a 20.0-inch (50.8-cm)
minimum fish size, a two-fish per person possession limit, and an open
season of July 1-August 31. Precautionary default measures are required
only if a state or region does not submit a conservationally equivalent
proposal or submits a proposal for management measures that do not meet
the required level of conservation.
The application of the RMS Process for summer flounder resulted in
the status quo recommendation. The RDM was used to generate estimated
2026-2027 harvest under status quo (i.e., 2025) measures, with an
associated 80-percent confidence interval (table 2). The median
coastwide projected harvest is 6.06 million lb (2,749 mt), with an 80-
percent confidence interval of 5.18-6.89 million lb (2,350-3,125 mt).
The average 2026 and 2027 summer flounder RHL of 8.19 million lb (3,715
mt) is above the upper bound of the confidence interval (6.89 million
lb (3,125 mt)) (i.e., the estimated harvest of summer flounder is
expected to be under the RHL).
According to the 2025 management track assessment (using data
through 2024), summer flounder is not overfished, and overfishing is
not occurring. However, because summer flounder biomass is 83 percent
of the biomass target, this puts summer flounder in the ``low'' biomass
category (i.e., biomass is less than 90 percent of the target level).
The expected harvest compared to the RHL and the biomass compared
to the biomass target place summer flounder in a ``no liberalization or
reduction'' category within the RMS Process. Therefore, NMFS is not
implementing any changes in Federal coastwide measures and is approving
conservation equivalency. In its April 13, 2026 letter, the Commission
certified that all states' 2026 and 2027 summer flounder recreational
management measures are collectively conservationally equivalent to the
non-preferred coastwide measures and that no states are required to
implement the precautionary default measures.
Table 2--Estimated Summer Flounder Harvest, Associated Confidence Interval, 2026-2027 Average RHL, Stock Size
Category, and Resulting Percent Change Recommended
----------------------------------------------------------------------------------------------------------------
80-percent
Estimated harvest under status confidence Average 2026-2027 Stock size Recommended
quo measure interval RHL category percent change
----------------------------------------------------------------------------------------------------------------
6.06 million lb (2,749 mt)...... 5.18-6.89 million 8.19 million lb Low............... None.
lb (2,350-3,125 (3,715 mt).
mt).
----------------------------------------------------------------------------------------------------------------
2026-2027 Black Sea Bass Recreational Management Measures
At a joint meeting in December 2025, the Council and Commission
recommended an RHT, conservation equivalency, and revised, liberalized
non-preferred coastwide measures to reflect the recommended RHT. The
Council and Board recommended non-preferred coastwide measures of a 14-
inch (35.56 cm) minimum size, a five-fish possession limit, and a May
15-September 30 open season. These coastwide measures are waived for
2026 and 2027 through conservation equivalency within this action.
However, the coastwide measures become the default management measures
the year after conservation equivalency expires (in this case, 2028)
until new coastwide or conservationally equivalent measures are
established. The precautionary default measures are only implemented in
any state or region that failed to develop adequate measures to
constrain landings as required by the conservation equivalency
guidelines. The precautionary default measures remain the same as those
in 2025-a 16-inch (40.64-cm) minimum size, a two-fish possession limit,
and a June 1-August 31 open season.
Similar to the process for summer flounder and scup, the Council
and Board discussed the application of the RMS Process for setting 2026
and 2027 recreational measures for black sea bass, including
consideration of the appropriate confidence interval as described in
the RMS Process Framework (91 FR 22766; April 28, 2026). In 2025, for
the first time, the black sea bass inputs to the RDM were based on a
stock assessment prepared using the Woods Hole Assessment Model (WHAM).
The transition to WHAM results in a different way to characterize
assessment uncertainty from the prior model; this prior model is still
used for summer flounder and scup, resulting in different uncertainty
parameters for the three species. The effect of this difference is that
the standard 80-percent confidence intervals around the median catch
estimate are much wider for black sea bass this year than in prior
years and wider than those for summer flounder and scup. For example,
the 80-percent confidence interval for the black sea bass catch
estimate ranges from 28 percent below to 45 percent above the median
estimate of 5.86 million lb (2,658 mt). In contrast, the 80-percent
confidence interval for summer flounder ranged from only 11 percent
below to just 12 percent above the median estimate of 6.06 million lb
(2,749 mt). Without accounting for this change in the treatment of
uncertainty, this much more expansive range of catch estimates for
black sea bass would result in maintaining the current status quo
measures under almost all RHL levels, including for 2026 and 2027,
preventing any liberalization of the measures, despite the healthy and
abundant black sea bass stock. Had the process contemplated using a
narrower range of confidence intervals (e.g., 70 or 75 percent), the
RMS Process could have allowed a liberalization of black sea bass
measures for up to 39 percent increased harvest. This substantial
difference in
[[Page 23182]]
potential outcomes solely due to the different characterization of
uncertainty in WHAM was unexpected, and the Council and Commission did
not have a ready solution to address this situation.
Due in part to the 2025 lapse in appropriations and associated
furlough of NMFS staff in October and November, these results were not
analyzed prior to the Council and Commission joint meeting in December
2025. Recognizing that the implications on the RMS Process from the
transition to WHAM had not been anticipated, and that there was no
rational basis for acting solely on either the 80-percent confidence
interval or choosing a different confidence interval (e.g., 70 or 75
percent), the Council and Commission agreed to recommend an interim
approach for 2026 and 2027 based on a 20-percent liberalization. This
is within the range of potential outcomes prescribed by the RMS
Process, provides for a meaningful increase in recreational harvest
during this interim period, and results in an RHT below the RHL of 8.14
million lb (3,692 mt), thus minimizing the risk of overfishing. NMFS
supports the approach recommended by the Council and Commission due to
the need to balance conservation of the stock with the ability to
achieve optimum yield in the face of the unanticipated challenges
associated with the transition to a new stock assessment model for
black sea bass.
At the December 2025 joint meeting, the Council and Commission
tasked staff to plan a comprehensive review of confidence interval
methods for all three species (summer flounder, scup, and black sea
bass) to better inform future decision-making and ensure the RDM and
RMS Process are working as intended. NMFS intends to support this
review, as it will ensure that the RMS Process can continue to provide
appropriate management recommendations.
The new recreational harvest target, calculated as a 20-percent
increase from the projected harvest of 5.86 million lb (2,658 mt), is
7.03 million lb (3,189 mt). The Council and Commission determined that
this approach is sufficiently precautionary because the harvest target
would still be expected to be below the 2026-2027 RHL of 8.14 million
lb (3,692 mt), and the most recent stock assessment indicates biomass
has continued to increase and has been well above the target level for
more than a decade. This liberalization is not expected to pose a risk
to the black sea bass stock.
NMFS is modifying the Federal non-preferred coastwide measures to
reflect this 20-percent liberalization, and NMFS approves conservation
equivalency for 2026 and 2027 to waive the Federal measures. In its
April 13, 2026 letter, the Commission certified that all states' 2026
and 2027 black sea bass recreational management measures are
collectively conservationally equivalent, and no states are required to
implement the precautionary default measures. NMFS solicits public
comment on the process used to set the black sea bass recreational
management measures as well as the result, including conservation
equivalency.
Table 3--Estimated Black Sea Bass Harvest, Associated Confidence Interval, 2026-2027 Average RHL, Stock Size
Category, and Resulting Percent Change
----------------------------------------------------------------------------------------------------------------
80-percent
Estimated harvest under status confidence Average 2026-2027 Stock size Recommended
quo measure interval RHL category percent change *
----------------------------------------------------------------------------------------------------------------
5.86 million lb (2,658 mt)...... 4.22-8.50 million 8.16 million lb Very High......... None.
lb (1,914-3,856 (3,692 mt).
mt).
----------------------------------------------------------------------------------------------------------------
* While no percent change was recommended, the Council and Board recommended a 20% increase due to unanticipated
impacts from the PCA.
The RDM, as well as stock assessment models and projections, will
continue to be refined and improved over time. Consistent with the RMS
Process, the measures in this rule would not change in 2027 unless new
information suggests a major change in the expected impacts of those
measures on the stock or the fishery.
Other Regulatory Corrections
In Sec. 648.107(a), the name of the Commission's Board is updated
to reflect the current name. In Sec. 648.146, the sentence ``Vessels
landing black sea bass in a state with an approved Wave 1 recreational
fishery are subject to the state regulations regarding fishing season
during that Wave 1 fishery.'' was erroneously removed from the Code of
Federal Regulations and is being added back in. Additionally, in Sec.
648.147(b), the sentence ``Vessels landing black sea bass in a state
with an approved Wave 1 recreational fishery are subject to the state
regulations regarding size requirements during that Wave 1 fishery.''
was also removed erroneously and is being added back in. In Sec.
648.162(c), the out-of-date submission deadline of September 1 for
bluefish is removed.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, which
provides specific authority for implementing regulations prepared under
section 303(c), the NMFS Assistant Administrator has determined that
this interim final rule is consistent with the Summer Flounder, Scup,
and Black Sea Bass Fishery Management Plan, other provisions of the
Magnuson-Stevens Act, and other applicable law. Pursuant to section
305(d) of the Magnuson-Steven Act, this action is necessary to allow
NMFS to implement, revise, and correct measures developed through
previous management actions. The NMFS Assistant Administrator has
determined that this interim final rule is consistent with the Summer
Flounder, Scup, and Black Sea Bass FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
This interim final rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
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.
The 2026-2027 recreational management measures made effective
through this action were developed using the methodology and process of
RMS Process Framework. The RMS Process Framework (i.e., Framework
Adjustment 19 to the Summer Flounder, Scup, and Black Sea Bass FMP and
Framework Adjustment 7 to the
[[Page 23183]]
Bluefish FMP) (91 FR 22766; April 28, 2026) replaced the prior
methodology for setting recreational measures for summer flounder,
scup, and black sea bass; this prior Percent Change Approach sunsetted
in December 2025 and was not available for management use. The
recreational management measures implemented within this action could
not be promulgated until the RMS Process Framework was effective. NMFS
approved the RMS Process Framework via a recently-published interim
final rule.
Until the recreational management measures are effective, measures
for 2026 remain the 2025 Federal coastwide measures. Delaying the
implementation of this rule while accepting public comment is contrary
to the public interest because it would result in significant economic
impacts on fishing communities and for-hire business owners, as well as
limitations on the fishing experience, without providing concomitant
conservation benefits. By default, Federal for-hire permit holders must
comply with more restrictive coastwide measures (Sec. 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, as described earlier in this rule,
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 state 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 further 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 enables NMFS to approve
conservation equivalency after review of the Commission-certified
conservationally equivalent state measures, as described above, for the
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.
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
approving the RMS Process Framework, if warranted. This is a routine
action, and stakeholder and industry groups have been involved with the
development of this action and have participated in public meetings
throughout its development over the past year. In the meantime, it is
contrary to the public interest to provide the opportunity for public
comment prior to making the recreational management measures of this
action 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), as
was done for the RMS Process Framework. In addition, the regulated
community is anticipating the implementation of 2026-2027 recreational
management measures and thus does not require 30 days to come into
compliance with this rule. Approving conservation equivalency through
this interim final rule also relieves restrictions on recreational
fishing by waiving the generally more restrictive coastwide measures in
favor of regional or state-specific measures adopted by the states;
this also justifies waiving the 30-day delay in the effective date. See
5 U.S.C. 553(d)(1).
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.
Dated: April 27, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
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. In Sec. 648.107, revise paragraph (a) introductory text to read as
follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2026 and 2027 are the conservation
equivalent of the size limits, season, and possession limit prescribed
in Sec. Sec. 648.104(b), 648.105, and 648.106. This determination is
based on a recommendation from the Summer Flounder, Scup, and Black Sea
Bass Board of the Atlantic States Marine Fisheries Commission.
* * * * *
0
3. Revise Sec. 648.146 as follows:
[[Page 23184]]
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a black sea bass moratorium
permit under Sec. 648.4(a)(7), and fishermen subject to the possession
limit specified in Sec. 648.145(a), may possess black sea bass only
from May 15 through September 30, unless otherwise specified in the
conservation equivalent measures described in Sec. 648.151 or unless
this time period is adjusted pursuant to the procedures in Sec.
648.142. However, possession of black sea bass harvested from state
waters outside of this season is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations. Vessels landing black sea bass in a state
with an approved Wave 1 recreational fishery are subject to the state
regulations regarding fishing season during that Wave 1 fishery.
0
4. In Sec. 648.147, revise paragraph (b) to read as follows:
Sec. 648.147 Black sea bass size requirements.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum fish size for black sea bass is 14 inches
(35.56 cm) total length for all vessels that do not qualify for a black
sea bass moratorium permit, and for party boats holding a black sea
bass moratorium permit, if fishing with passengers for hire or carrying
more than five crew members, and for charter boats holding a black sea
bass moratorium permit, if fishing with more than three crew members,
unless otherwise specified in the conservation equivalent measures as
described in Sec. 648.151. However, possession of smaller black sea
bass harvested from state waters is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations. Vessels landing black sea bass in a state
with an approved Wave 1 recreational fishery are subject to the state
regulations regarding size requirements during that Wave 1 fishery.
0
5. In Sec. 648.151, revise paragraph (a) introductory text to read as
follows:
Sec. 648.151 Black sea bass conservation equivalency.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2026 and 2027 are the conservation
equivalent of the season, size limits, and possession limit prescribed
in Sec. Sec. 648.146, 648.147(b), and 648.145(a). This determination
is based on a recommendation from the Summer Flounder, Scup, and Black
Sea Bass Board of the Atlantic States Marine Fisheries Commission.
* * * * *
0
6. In Sec. 648.162, revise paragraph (c) to read as follows:
Sec. 648.162 Bluefish specifications.
* * * * *
(c) Annual fishing measures. The MAFMC shall review the
recommendations of the Bluefish Monitoring Committee. Based on these
recommendations and any public comment, the MAFMC shall recommend to
the Regional Administrator measures necessary to prevent overages of
the applicable specified limits or targets for each sector as
prescribed in the FMP. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental,
economic, and social impacts of the recommendations. The Regional
Administrator shall review these recommendations and any
recommendations of the ASMFC. After such review, NMFS will publish a
proposed rule in the Federal Register as soon as practicable to
implement ACLs, ACTs, research quota, a coastwide commercial quota,
individual State commercial quotas, a recreational harvest limit, and
additional management measures for the commercial and recreational
fisheries to prevent overages of the applicable specified limits or
targets for each sector as prescribed in the FMP. After considering
public comment, NMFS will publish a final rule in the Federal Register.
* * * * *
[FR Doc. 2026-08409 Filed 4-29-26; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.