Rule2026-11986
Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish and Golden Tilefish Fisheries; 2026 Specifications
Primary source
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Published
June 15, 2026
Effective
June 15, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements and informs the public of specifications for the 2026 fishing year for the golden tilefish and blueline tilefish fisheries north of the North Carolina/Virginia border. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Tilefish Fishery Management Plan (FMP).
Full Text
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<title>Federal Register, Volume 91 Issue 114 (Monday, June 15, 2026)</title>
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[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Rules and Regulations]
[Pages 35897-35899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11986]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260609-0139; RTID 0648-XF172]
Fisheries of the Northeastern United States; Mid-Atlantic
Blueline Tilefish and Golden Tilefish Fisheries; 2026 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements and informs the public of
specifications for the 2026 fishing year for the golden tilefish and
blueline tilefish fisheries north of the North Carolina/Virginia
border. This action is necessary to establish allowable harvest levels
and other management measures to prevent overfishing while allowing
optimum yield, consistent with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Tilefish
Fishery Management Plan (FMP).
DATES: This rule is effective June 15, 2026.
ADDRESSES: Copies of the supporting documents for these specifications
are available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901. These documents are also accessible via the internet
at <a href="https://www.mafmc.org">https://www.mafmc.org</a>.
FOR FURTHER INFORMATION CONTACT: Matthew Rigdon,
<a href="/cdn-cgi/l/email-protection#c9a4a8bdbda1acbee7bba0aeada6a789a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="a5c8c4d1d1cdc0d28bd7ccc2c1cacbe5cbcac4c48bc2cad3">[email protected]</span></a>, 978-281-9336.
SUPPLEMENTARY INFORMATION:
Background
The golden tilefish and blueline tilefish fisheries north of the
North Carolina/Virginia border are managed under the Tilefish FMP,
which outlines the process for establishing annual specifications. The
Tilefish FMP requires the Mid-Atlantic Fishery Management Council
(Council) to recommend acceptable biological catch (ABC), annual catch
limit (ACL), annual catch target (ACT), total allowable landings (TAL),
and other management measures for the commercial and recreational
sectors of the fisheries. The Council's Scientific and Statistical
Committee (SSC) provides ABC recommendations for both species to the
Council to derive these catch limits. The Council makes recommendations
to NMFS that may not exceed the SSC's
[[Page 35898]]
ABC recommendation. The Council's recommendations must include
supporting documentation concerning the environmental, economic, and
social impacts of the recommendations. NMFS reviews these
recommendations, proposes them for public comment, and, if approved,
publishes the final specifications in the Federal Register. A proposed
rule for these specifications was published on March 30, 2026 (91 FR
15585), and comments were accepted through April 14, 2026. Additional
information on the process for setting these specifications is
contained in the proposed rule and is not repeated here.
Final Specifications
Blueline Tilefish
Consistent with recommendations made by the Council, this action
implements specifications for blueline tilefish for fishing year 2026
that increase the commercial TAL by 426 percent and the recreational
TAL by 350 percent. The increased catch limits are primarily due to
updated data analyses of fishing effort but may represent some
increased fishing opportunity for both the commercial and recreational
fisheries. Mid-Atlantic recreational fisheries are valued at
approximately $439 million as of 2021. The blueline tilefish
recreational fishery represents one component of this value, and the
increased recreational TAL for fishing year 2026 could contribute
additional value to Mid-Atlantic recreational fisheries. The blueline
tilefish commercial fishery was valued at approximately $67,000 in
fishing year 2024 based on recent ex-vessel value data. This action
would authorize approximately $454,000 in commercial blueline tilefish
value due to the increased commercial TAL for fishing year 2026.
Landings data indicate commercial landings exceeded the 2025 ACL by
43 pounds (lb) (0.02 mt). The regulations require an overage to be
deducted in the following year. The resulting final specifications
recommended are summarized in table 1.
Table 1--Blueline Tilefish Specifications for Fishing Year 2026 With
2025 Specifications for Comparison
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Specification 2025 2026
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ABC--North of NC/VA line........ 100,520 lb (45.6 452,200 lb (205.1
mt). mt).
Recreational ACL................ 73,380 lb (33.3 330,106 lb (149.7
mt). mt).
Recreational TAL................ 71,912 lb (32.6 323,504 lb (146.7
mt). mt).
Commercial ACL.................. 27,140 lb (12.3 122,094 lb (55.4
mt). mt).
Commercial Overage Adjustment... -5,975 lb (2.7 mt) -43 lb (0.02 mt).
Adjusted Commercial ACL......... 21,165 lb (9.6 mt) 121,051 lb (54.9
mt).
Commercial TAL.................. 20,894 lb (9.5 mt) 109,846 lb (49.8
mt).
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Golden Tilefish
The directed golden tilefish fishery is managed under an individual
fishing quota (IFQ) program, with a small amount of non-IFQ catch
allowed under an incidental permit. On April 1, 2025, NMFS proposed
2025 specifications for golden tilefish and announced projected
specifications for fishing years 2026 and 2027 based on Council
recommendations (90 FR 14350). Public comments on the proposed
specifications were accepted through April 16, 2025. A final rule
implementing these specifications was published on June 26, 2025 (90 FR
27257). The previously projected 2026 specifications equal those
implemented for 2025, resulting in no change to the fishery. In
addition, there is no new biological information or ACL overages that
would require altering the projected 2026 specifications. Therefore, we
are implementing 2026 golden tilefish specifications as previously
projected, outlined in table 2.
Table 2--Proposed Golden Tilefish Specifications for Fishing Year 2026
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Specification 2026
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ABC..................................... 1,878,338 lb (852.0 mt).
ACL..................................... 1,878,338 lb (852.0 mt).
IFQ ACT................................. 1,733,109 lb (786.1 mt).
Incidental ACT.......................... 91,216 lb (41.4 mt).
IFQ TAL................................. 1,728,590 lb (784.1 mt).
Incidental TAL.......................... 68,949 lb (31.3 mt).
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This action does not change the landing limits for non-IFQ
commercial fisheries. A vessel fishing under a non-IFQ Federal
commercial tilefish vessel permit will continue to be prohibited from
possessing more than 500 lb (227 kilograms (kg)) of gutted golden
tilefish at any time, or 50 percent, by weight, of the total of all
species, including golden tilefish, being landed (whichever is less).
This landing limit does not apply to a vessel authorized to land golden
tilefish under a Tilefish IFQ permit. A vessel fishing under a non-IFQ
commercial tilefish permit will also continue to be prohibited from
possessing more than 500 lb (227 kg) of gutted blueline tilefish per
trip. If 70 percent of the blueline tilefish commercial TAL is landed,
the Regional Administrator may reduce the blueline tilefish possession
limit to 300 lb (136 kg).
This action does not change the recreational management measures
for golden or blueline tilefish. Any vessel used to fish recreationally
for golden or blueline tilefish must have the appropriate Federal
vessel permit. Boats used to take anglers for hire must have the
Charter/Party Tilefish Permit, while private recreational vessels need
to have the Private Recreational Tilefish Permit. Both permit types
require the submission of vessel trip reports. Additional information
about permitting and reporting requirements is available from the
Greater Atlantic Regional Fisheries Office's Permits Office at (978)
282-8438 or <a href="/cdn-cgi/l/email-protection#8cc2c1cadfa2cbcddea2dce9fee1e5f8ffcce2e3ededa2ebe3fa"><span class="__cf_email__" data-cfemail="0d43404b5e234a4c5f235d687f6064797e4d63626c6c236a627b">[email protected]</span></a>.
The 2026 fishing year for golden tilefish and blueline tilefish
began on January 1, 2026. The regulations include rollover provisions
for both species that allow the fisheries to operate under status quo
specifications until new specifications are finalized.
Comments and Responses
We received three comments on the proposed rule. No changes were
made to this rule as a result of the comments.
Comment: One commenter opposed all fishing, stating that no fish
should be killed and that NMFS should protect all fish.
Response: NMFS disagrees that fishing for tilefish should be
prohibited as it would prevent the fishery from achieving optimum yield
on a continuing basis as required by National
[[Page 35899]]
Standard 1 of the Magnuson-Stevens Act.
Comment: One commenter stated that seafood gleaning should be
incorporated in the Tilefish Fishery Management Plan.
Response: This action implements specifications and sets quotas for
golden and blueline tilefish fisheries for 2026 and does not consider
any changes to the Tilefish FMP. While the comment is not relevant to
this action, NMFS encourages the commenter to suggest changes or
improvements to the Tilefish FMP to the Council for consideration.
Changes or modifications to an FMP are considered and developed through
the Council's open and public process.
Comment: One commenter who participates in the golden tilefish
fishery expressed general support for the 2026 tilefish specifications.
Response: NMFS agrees. This action approves 2026 specifications for
the blueline and golden tilefish fisheries.
Changes From the Proposed Rule
The final rule incorporates a 43-lb (20 kg) deduction to the
blueline tilefish commercial ACL based on final landings data for 2025.
The proposed rule indicated that preliminary data suggested an overage
of 617 lb (280 kg) based on preliminary landings data at the time of
the proposed rulemaking. NMFS reviewed all landings information while
drafting this final rule and determined that the ACL overage was lower,
at 43 lb (20 kg). Therefore, this final rule incorporates a deduction
of 43 lb (20 kg) instead of 617 lb (280 kg) based on the most recent
and accurate landings information.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson Stevens Act (16 U.S.C. 1855(d)). The reason for using this
regulatory authority for this action is that, in a previous action
taken pursuant to section 304(b) of the Magnuson-Stevens Act (16 U.S.C.
1854(b)), the FMP and implementing regulations created the process by
which specifications are developed through a NMFS rulemaking process
distinct from that of section 304(b). See 50 CFR 648.292. As such, NMFS
is issuing this rule pursuant to section 305(d).
The 30-day delay in effective date requirement under 5 U.S.C.
553(d) does not apply to this rule because it relieves a restriction
for the blueline tilefish fishery (5 U.S.C. 553(d)(1) by implementing
an increased quota for 2026 and because there is good cause for the
rule to take effect upon publication (5 U.S.C. 553(d)(3)). The 2026
fishing year began on January 1, 2026, operating under a rollover
provision using specifications from the prior fishing year.
Implementing the blueline tilefish specifications relieves that
restriction by allowing blueline tilefish fishery participants to fish
under the higher 2026 quotas. The 2026 fishing year blueline tilefish
quotas are higher than the 2025 quotas currently in effect, so
continued delay in the effectiveness of those specifications could
prevent fishing vessels from taking full advantage of the higher
quotas. Therefore, the 30-day delay in effective date does not apply to
the blueline tilefish specifications set by this rule under 5 U.S.C.
553(d)(1).
Additionally, there is good cause under 5 U.S.C. 553(d)(3) to
implement this action upon publication in the Federal Register. This is
a routine specifications action that occurs every year, and stakeholder
and industry groups have been involved with the development of this
action and have participated in public meetings throughout its
development. Further delay in the date of effectiveness would be
contrary to the public interest as it could increase confusion in the
tilefish industry around current quotas. Furthermore, regulated parties
do not require any additional time to come into compliance with this
rule and a 30-day delay before the final rule becomes effective does
not provide any benefit. Unlike actions that require an adjustment
period, tilefish fishing vessels will not have to purchase new
equipment or otherwise expend time or money to comply with these
management measures. Rather, complying with this final rule simply
means adhering to the new catch limits set for the 2026 fishing year.
Finally, fishery stakeholders have also been involved in the
development of this action and are anticipating this rule.
This action is exempt from review under Executive Order (E.O.)
12866.
This final rule is not an E.O. 14192 regulatory action because this
rule is not significant under E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
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 section (5)(b) and (c) of E.O.
13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and (c)(2)(B) of E.O. 13175 is not required and
has not been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 9, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-11986 Filed 6-12-26; 8:45 am]
BILLING CODE 3510-22-P
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