Proposed Rule2026-09617
Fisheries of the Northeastern United States; Omnibus Management Flexibility Amendment to New England Fishery Management Council Fishery Management Plans
Primary source
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Published
May 14, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the New England Fishery Management Council (Council) has transmitted the Omnibus Management Flexibility Amendment to the New England Fishery Management Council Fishery Management Plans (FMP) to the Secretary of Commerce for review. If approved, the Amendment would allow for increased management flexibility and consistency across all the Council's FMPs. The intended effect of the Amendment is to modify certain administrative measures across all the Council's FMPs. This notice is intended to alert the public to this action and provide an opportunity for comment.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Proposed Rules]
[Pages 27234-27236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09617]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BO38
Fisheries of the Northeastern United States; Omnibus Management
Flexibility Amendment to New England Fishery Management Council Fishery
Management Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
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SUMMARY: NMFS announces that the New England Fishery Management Council
(Council) has transmitted the Omnibus Management Flexibility Amendment
to the New England Fishery Management Council Fishery Management Plans
(FMP) to the Secretary of Commerce for review. If
[[Page 27235]]
approved, the Amendment would allow for increased management
flexibility and consistency across all the Council's FMPs. The intended
effect of the Amendment is to modify certain administrative measures
across all the Council's FMPs. This notice is intended to alert the
public to this action and provide an opportunity for comment.
DATES: Comments on the Omnibus Management Flexibility Amendment must be
received on or before July 13, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-0067, by the following method:
<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-2026-0067 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), 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).
Electronic copies of the Omnibus Management Flexibility Amendment
may be obtained from <a href="https://www.regulations.gov">https://www.regulations.gov</a> and the New England
Fishery Management Council website at <a href="https://www.nefmc.org/library/omnibus-management-flexibility-amendment">https://www.nefmc.org/library/omnibus-management-flexibility-amendment</a>.
FOR FURTHER INFORMATION CONTACT: Travis Ford, 978-281-9233,
<a href="/cdn-cgi/l/email-protection#d4a0a6b5a2bda7fab2bba6b094babbb5b5fab3bba2"><span class="__cf_email__" data-cfemail="d5a1a7b4a3bca6fbb3baa7b195bbbab4b4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act or Act) requires that each
Regional Fishery Management Council submit any FMP amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval. The Magnuson-Stevens Act also requires that upon a Council's
transmittal to NMFS of a complete package for an amendment and the
associated regulations deemed necessary by the Council to implement the
amendment, on or before the 5th day after the day on which a Council
transmits the plan amendment, NMFS must immediately commence a review
of the plan or amendment to determine whether the plan or amendment is
consistent with the Act's National Standards, other provisions of the
Act, and any other applicable law. NMFS must also publish notification
in the Federal Register that the Amendment is available for public
review and comment for a period of 60 days beginning on the date that
the notice is published. At its September 2025 meeting, the New England
Fishery Management Council adopted the Omnibus Management Flexibility
Amendment to New England Fishery Management Council FMPs for NMFS's
review. Because the Monkfish FMP is jointly managed by the New England
and the Mid-Atlantic Fishery Management Councils, the Mid-Atlantic
Council took final action on the monkfish aspects of the Amendment at
its October 2025 meeting and confirmed the New England Council's
selected monkfish measures. The New England Council originally
submitted the Amendment to NMFS on February 4, 2026. While the package
was in review, on April 6, 2026, the New England Council withdrew its
original submission and resubmitted the Amendment with changes to the
background materials for the action. The transmittal date for the
revised Amendment is May 7, 2026. The New England Council has reviewed
the Amendment's proposed rule regulations as drafted by NMFS and deemed
them to be necessary and appropriate as specified in section 303(c) of
the Magnuson-Stevens Act.
Background
The New England Council developed this Amendment in response to
Executive Order 14276, Restoring American Seafood Competitiveness to
reduce regulatory burden and enhance access to fishery resources. If
approved by NMFS, the Council asserts that the Amendment would address
the need for increased management flexibility and consistency across
all the Council's FMPs.
Specifications Frequency
Currently, all the Council's FMPs require specifications to be set
at varying frequencies. Given the uncertainty in the schedule of
updated stock assessments and data updates, some FMPs may be required
to set specifications even when there are no updated assessment
products available. To allow for greater flexibility in planning stock
assessments, data updates, and subsequent management actions, the
Council recommends providing the ability to consider setting
specifications for up to 5 years consistent with best available science
across all its FMPs.
Specification Setting Process
Of all the Council's FMPs, only the Northeast Multispecies and
Monkfish FMPs lack a fully defined specification setting process.
Therefore, specifications actions in these FMPs are developed by a
framework adjustment or amendment. The Council recommends adding a
consistent specification setting process to the Northeast Multispecies
and Monkfish FMPs. The Council contends that this would enable it to
streamline the setting of fishery specifications under a specification
process and not require development of a framework adjustment action or
amendment. In addition, the Council recommends adding status
determination criteria to the list of measures for the Northeast Skate
Complex FMP that could be adjusted through the specifications setting
process or by framework adjustment.
In-Season Adjustment Authority
The Atlantic Herring FMP provides for ``in-season adjustments,'' in
which the established specifications and sub-annual catch limits (ACL)
may be adjusted by NMFS to achieve conservation and management
objectives. This process requires the NMFS Regional Administrator to
consult with the Council to allow changes during the fishing year. This
provision has allowed managers the flexibility to respond in a more
timely manner to updated scientific and fishery information. The
Council recommends adding a provision for in-season adjustment
authority across all its FMPs. Further, for all of its FMPs, the
Council recommends expanding the use of in-season adjustments to
established specifications and sub-ACLs beyond what the Atlantic
Herring FMP would currently allow. Any adjustments must be consistent
with the respective FMPs objectives and other FMP provisions.
Annual Review/Report
The Monkfish and Northeast Skate Complex FMPs and the small-mesh
fishery component of the Northeast Multispecies FMP require annual plan
development team reviews and, in the case of small-mesh multispecies,
also a report. These annual reviews/reports can be duplicative with
other products from the Council (e.g., risk policy matrices and
specifications actions) and NMFS (e.g., online stock assessment and
[[Page 27236]]
fishery evaluation reports, data updates, state of the ecosystem
reports, and ecosystem and socioeconomic profiles). The Council
recommends removing these requirements in the Monkfish and Northeast
Skate Complex FMPs and, in addition, the Council recommends removing
the requirements for a report annual review for the small-mesh
multispecies fishery. The Council does not intend for this change to
prevent it from prioritizing the preparation of an annual review or
monitoring or performance report for any of the Council's FMPs through
its priority setting process.
List of Framework Adjustment Items
The Council recommends adding all of the above-listed items to the
list of framework adjustment items for the Northeast Multispecies
(including the small-mesh fishery component), Atlantic Sea Scallop,
Monkfish, Atlantic Herring, Northeast Skate Complex, and Atlantic Deep-
Sea Red Crab FMPs.
This includes:
<bullet> Specification Frequency;
<bullet> Specification Setting Process;
<bullet> In-Season Adjustment Authority; and
<bullet> Annual Review/Report.
The Magnuson-Stevens Act allows NMFS to approve, partially approve,
or disapprove measures recommended by a regional fishery management
council in an amendment based on whether the measures are consistent
with the FMPs, plan amendment, the Magnuson-Stevens Act including its
National Standards, and other applicable law. The Council recommends
changes to policy for fisheries under its purview, and if those
policies are consistent with the Magnuson Stevens Act and other
applicable law, NMFS may implement them as recommended. As such, NMFS
is seeking comment on whether measures in this action are consistent
with the FMPs, the Magnuson-Stevens Act including its National
Standards, and other applicable law. Through this notice, NMFS seeks
comments on the Amendment and its incorporated documents through the
end of the comment period stated in the DATES section of this notice of
availability (NOA). Following the publication of this NOA, a rule
proposing the implementation of measures in this Amendment is
anticipated to be published in the Federal Register for public comment.
Public comments must be received by the end of the comment period
provided in this NOA to be considered in the approval/disapproval
decision. All comments received by the end of the comment period on the
NOA, whether specifically directed to the NOA or the proposed rule,
will be considered in the approval/disapproval decision. Comments
received after the end of the comment period for the NOA will not be
considered in the approval/disapproval decision of the Amendment.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 11, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-09617 Filed 5-13-26; 8:45 am]
BILLING CODE 3510-22-P
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