Rule2026-09071
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool, Accountability Measures, and Regular B Days at Sea Measures Under Regional Administrator Authority for Fishing Year 2026
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 7, 2026
Effective
May 5, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action implements measures for the Northeast multispecies fishery under Regional Administrator authority for the 2026 fishing year. This action is necessary to ensure that the Northeast multispecies fishery may achieve the optimum yield for the relevant stocks, while controlling catch to help prevent in-season closures or quota overages. These measures are the allocation of zero trips into the Closed Area II Yellowtail Flounder/Haddock Special Access Program (SAP) for common pool vessels to target yellowtail flounder and the closure of the Regular B Days-at-Sea (DAS) Program.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Rules and Regulations]
[Pages 24737-24738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09071]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260304-0064; RTID 0648-XF634]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool, Accountability Measures, and Regular
B Days at Sea Measures Under Regional Administrator Authority for
Fishing Year 2026
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: This action implements measures for the Northeast multispecies
fishery under Regional Administrator authority for the 2026 fishing
year. This action is necessary to ensure that the Northeast
multispecies fishery may achieve the optimum yield for the relevant
stocks, while controlling catch to help prevent in-season closures or
quota overages. These measures are the allocation of zero trips into
the Closed Area II Yellowtail Flounder/Haddock Special Access Program
(SAP) for common pool vessels to target yellowtail flounder and the
closure of the Regular B Days-at-Sea (DAS) Program.
DATES: Effective May 5, 2026, through April 30, 2027.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, 978-281-9232.
SUPPLEMENTARY INFORMATION: Section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management Act authorizes the Regional
Administrator to implement measures that are necessary to carry out a
fishery management plan (FMP). Consistent with this authority,
Northeast multispecies regulations provide the means by which the
Regional Administrator may implement the measures included in this
action for the 2026 fishing year that began on May 1, 2026, consistent
with the Northeast Multispecies FMP's goals and objectives. These
measures are the allocation of trips for common pool vessels into the
Closed Area II Yellowtail Flounder/Haddock Special Access Program (SAP)
and the closure of the Regular B DAS Program.
Closed Area II Yellowtail Flounder/Haddock Special Access Program
The regulations at Sec. 648.85(b)(3)(vii) allow common pool trips
that may be declared into the Closed Area II Yellowtail Flounder/
Haddock SAP to target yellowtail flounder only if the Regional
Administrator authorizes such trips for the fishing year, after
consultation with the New England Fishery Management Council. This
action allocates zero trips for common pool vessels to target
yellowtail flounder within the Closed Area II Yellowtail Flounder/
Haddock SAP for fishing year 2026. As a result, this SAP is only open
to target haddock, from August 1, 2026, through January 31, 2027.
Northeast multispecies vessels fishing in the SAP must fish with a
haddock separator trawl, a Ruhle trawl, or hook gear.
The Regional Administrator determines the allocation of the total
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP
based on: the available yellowtail flounder total allowable catch (TAC)
under the U.S./Canada Resource Sharing Understanding; the potential
catch of Georges Bank (GB) yellowtail flounder by all vessels fishing
outside of the SAP; recent discard estimates in all fisheries that
catch yellowtail flounder; the expected number of SAP participants; and
any other available information. Allocating trips to target yellowtail
flounder in the Closed Area II Yellowtail Flounder/Haddock SAP is
discretionary if the available GB yellowtail flounder catch is
insufficient to support at least 150 trips with a 15,000-lb (6,804-kg)
trip limit, for a total catch of 2,250,000 lb (1,020,600 kg). The
commercial groundfish sub-ACL for yellowtail flounder for the 2026
fishing year is 167,551 lb (76,000 kg), which equals 11 trips landing a
15,000-lb (6,804-kg) limit. Given the low GB yellowtail flounder catch
limit, catch rates outside of this SAP are more than adequate to fully
harvest the 2026 GB yellowtail flounder allocation. Because the
available GB yellowtail flounder catch cannot support at least 150
trips into the SAP with a 15,000-lb trip limit and catch rates outside
the SAP are adequate to harvest available GB yellowtail flounder, there
is insufficient GB yellowtail flounder to allocate any trips to the
SAP.
If approved, Framework Adjustment 72 would reduce the 2026 GB
yellowtail flounder sub-ACL. As a result, NMFS does not expect the
final rule implementing Framework 72, if approved, would change the
determination to allocate no trips to the SAP to target yellowtail
flounder.
Regular B DAS Program
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the Regional Administrator determines that the
continuation of the program would undermine the achievement of the
objectives of the FMP or the Regular B DAS Program. One reason for
terminating the program is an inability to constrain common pool
catches to the Incidental Catch TACs.
On March 9, 2026, Framework Adjustment 69 (91 FR 11141) implemented
Common Pool Incidental Catch TACs for the Regular B DAS Program for the
2026 fishing year (table 1). These TACs are further divided into
Quarterly Incidental Catch TACs to be monitored and managed during each
quarter of the fishing year.
[[Page 24738]]
Table 1--Fishing Year Total and Quarterly Incidental Catch TACs for the Regular B DAS Program (mt, live weight)
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Total Quarterly incidental catch TAC (mt)
incidental ---------------------------------------------------------------
Stock catch TAC (mt)
---------------- 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
2026 (13 percent) (29 percent) (29 percent) (29 percent)
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GB Cod *........................ 0.04 0.005 0.01 0.01 0.01
GOM Cod *....................... 0.05 0.01 0.02 0.02 0.02
GB Yellowtail Flounder [dagger]. 0.05 0.01 0.01 0.01 0.01
CC/GOM Yellowtail Flounder *.... 0.36 0.05 0.10 0.10 0.10
American Plaice [dagger]........ 10.22 1.33 2.96 2.96 2.96
Witch Flounder [dagger]......... 2.69 0.35 0.78 0.78 0.78
SNE/MA Winter Flounder #........ 0.49 0.06 0.14 0.14 0.14
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* These catch limits are based on default specifications and would be replaced when the final rule for Amendment
25 becomes effective, if approved.
[dagger] These catch limits are based on Framework 69.
# These catch limits are based on default specifications and would be replaced when the final rule for Framework
72 becomes effective, if approved.
With the exception of American plaice, the Incidental Catch TACs
allocated to the Regular B DAS Program are very small, and in-season
management of the Regular B DAS Program would be extremely difficult
and impractical. Even if vessels target American plaice, bycatch of
other stocks with an Incidental Catch TAC is likely. Implementation of
an in-season action to close the Regular B DAS Program when a Quarterly
Incidental Catch TAC has been reached would not be possible to prevent
further catch of that stock.
As a result, it is unlikely that catch can be effectively limited
to the Incidental Catch TACs during fishing year 2026, and NMFS
projects that continuation of the program would undermine the
achievement of the objectives of the Northeast Multispecies FMP and the
Regular B DAS Program. The Regular B DAS Program will be closed and use
of Regular B DAS is prohibited for the 2026 fishing year, through April
30, 2027. This applies to all vessels issued a limited access Northeast
multispecies permit. The Regular B DAS Program has been closed in this
manner annually since fishing year 2019.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be contrary to the public
interest and is unnecessary.
The Regional Administrator is authorized by the regulations
implementing the Northeast Multispecies FMP to prevent overfishing and
achieve the management objectives of the FMP. The regulations at Sec.
648.85(b)(3)(vii) for the Closed Area II Yellowtail Flounder/Haddock
SAP require that the Regional Administrator implement the measures
within this action for the upcoming fishing year. There is no
alternative action that could be taken with respect to these measures,
nor could public comment provide new information that would change
these requirements.
The closure of the Regular B DAS Program and prohibition of Regular
B DAS is the result of determination that continuation of the program
would undermine the achievement of the objectives of the Northeast
Multispecies FMP or the Regular B DAS program. The Regular B DAS
program closure implemented through this action will prevent an overage
of the Incidental Catch TACs. Delay of this action would provide vessel
owners an opportunity to participate in the Regular B DAS Program, but
participation and catch in the program may likely exceed the
allocation. Exceeding the allocation is against the public's interest
of achieving optimum yield.
For each of the measures included in this in-season action, delay
for prior notice and opportunity for comment is unnecessary. These
processes and criteria for determinations were established with prior
notice and opportunity for comment. These actions are regular
occurrences to which participants have become accustomed, and timely
implementation and notice is expected to facilitate planning for the
new fishing year. This action must be implemented as soon as possible
to avoid adverse impacts on fishery stocks and participants by ensuring
that the fishery's catch limits are not exceeded.
For the reasons above, delay of this action for additional prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period are unnecessary and against the public interest
because they would undermine management objectives of the FMP and cause
unnecessary negative economic impacts to the Northeast Multispecies
fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 4, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-09071 Filed 5-5-26; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 7, 2026.
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