Rule2026-11987
Fisheries of the Northeastern United States; Northeast Skate Complex; 2026 and Projected 2027 and 2028 Specifications
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Published
June 15, 2026
Effective
June 15, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces 2026 specifications and projects 2027 and 2028 specifications for the Northeast skate fishery as recommended by the New England Fishery Management Council. This action sets skate catch limits for fishing year 2026, projects catch limits for fishing years 2027 and 2028, and increases trip possession limits for the wing and bait fisheries. This action is necessary to establish skate specifications consistent with the most recent scientific information. The intent of this action is to establish appropriate catch limits for the skate fishery, while providing additional operational flexibility to fishery participants.
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 35899-35902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11987]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[260609-0140]
RIN 0648-BO35
Fisheries of the Northeastern United States; Northeast Skate
Complex; 2026 and Projected 2027 and 2028 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS announces 2026 specifications and projects 2027 and 2028
specifications for the Northeast skate fishery as recommended by the
New England Fishery Management Council. This action sets skate catch
limits for fishing year 2026, projects catch limits for fishing years
2027 and 2028, and increases trip possession limits for the wing and
bait fisheries. This action is necessary to establish skate
specifications consistent with the most recent scientific information.
The intent of this action is to establish appropriate catch limits for
the skate fishery, while providing additional operational flexibility
to fishery participants.
[[Page 35900]]
DATES: Effective June 15, 2026.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a supplemental information report (SIR) that describes this
action and compares it to the alternatives and analyses presented in
the environmental assessment that was prepared for Framework Adjustment
12 to the Northeast Skate Complex Fishery Management Plan. The SIR
includes a Regulatory Impact Review and economic analysis. Copies of
these and other supporting documents are available upon request from
Dr. Cate O'Keefe, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950. They are also
accessible via the internet at: <a href="https://www.nefmc.org/library/2026-2027-skate-specifications">https://www.nefmc.org/library/2026-2027-skate-specifications</a>.
FOR FURTHER INFORMATION CONTACT: Caroline Potter, Fishery Resource
Management Specialist, (978) 281-9325, or <a href="/cdn-cgi/l/email-protection#385b594a575451565d1648574c4c5d4a7856575959165f574e"><span class="__cf_email__" data-cfemail="0a696b78656663646f247a657e7e6f784a64656b6b246d657c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Skate Complex Fishery Management Plan (FMP) governs a
complex of seven skate species (barndoor, clearnose, little, rosette,
smooth, thorny, and winter) off the New England and mid-Atlantic
coasts. Skates are harvested and managed through two different targeted
fisheries, one for human consumption (the wing fishery) and one for use
as bait in other fisheries (the bait fishery). The fishing year runs
from May 1 through April 30 each year. The wing fishery is managed in
two seasonal quota periods: Season 1 (May 1-August 31) is allocated 57
percent of the annual total allowable landings (TAL) and season 2
(September 1-April 30) is allocated the remainder of the annual wing
TAL. The bait fishery is managed in three seasonal periods, with season
1 (May 1-July 31) allocated 30.8 percent, season 2 (August 1-October
31) allocated 37.1 percent, and season 3 (November 1-April 30)
allocated the remainder (32.1 percent) of the annual bait TAL.
The FMP requires that annual catch and possession limits for the
skate fishery be reviewed and established through the specifications or
framework process. Framework Adjustment 12 to the Northeast Skate
Complex FMP (Framework 12; 89 FR 58076, July 17, 2024) set management
measures and specifications for the skate fishery for fishing year 2024
and projected specifications for fishing year 2025. A subsequent final
rule (90 FR 16467, April 18, 2025) implemented the projected
specifications for fishing year 2025.
Final 2026 and Projected 2027 and 2028 Specifications
This action increases the acceptable biological catch (ABC) and
annual catch limit (ACL) for 2026 and 2027 to 41,282 metric tons (mt)
from 32,155 mt in 2025. For fishing years 2026 and 2027, the ABCs are
increased by 28 percent compared to the ABCs for years 2024 and 2025.
This action projects a 10-percent decrease in the ABC and ACL for
fishing year 2028 compared to fishing years 2026 and 2027. Thus, for
fishing year 2028, this action projects an ABC and ACL of 37,154 mt.
The 2026 and 2027 TAL is 20,966 mt (compared to 15,718 mt in 2025);
based on the proportional allocations prescribed in the FMP, the wing
TAL is 13,943 mt (compared to 10,453 mt in 2025), and the bait TAL is
7,024 mt (compared to 5,266 mt in 2025). The 2028 TAL is expected to be
18,800 mt (consisting of a wing TAL of 12,502 mt and a bait TAL of
6,298 mt). A comparison of the current 2024-2025 and the final 2026 and
projected 2027 and 2028 specifications is summarized below in table 1.
The Council will review the projected 2027 and 2028 specifications
to determine if any changes need to be recommended. NMFS will publish a
notice prior to the start of the fishing year to confirm these limits
as projected or, if changes are necessary, NMFS may publish a proposed
rule.
Table 1--Comparison of 2024-2025 and 2026-2028 Skate Fishery Specifications, in Metric Tons and Whole Weight
----------------------------------------------------------------------------------------------------------------
2024-2025
(current) 2026-2027 2028
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ABC/ACL......................................................... 32,155 41,282 37,154
ACT (90% of ACL)................................................ 28,940 37,154 33,439
Overall Fishery TAL............................................. 15,718 20,966 18,800
Wing TAL (66.5% of Overall TAL)................................. 10,453 13,943 12,502
Wing Season 1 TAL (57% of Wing TAL)............................. 5,958 7,948 7,126
Wing Season 2 TAL............................................... 4,495 5,995 5,376
Bait TAL (33.5% of Overall TAL)................................. 5,266 7,024 6,298
Bait Season 1 TAL (30.8% of Bait TAL)........................... 1,622 2,163 1,940
Bait Season 2 TAL (37.1% of Bait TAL)........................... 1,954 2,606 2,337
Bait Season 3 TAL............................................... 1,690 2,255 2,021
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Possession Limit Changes
This action also changes skate per trip possession limits. It
increases the skate wing possession limits (in wing weight) for trips
fishing on a monkfish, Atlantic sea scallop, or Northeast multispecies
Day-At-Sea (DAS) by 500 pounds (lb; 226.8 kilograms (kg)) for each
season, which results in a trip limit of 4,500 lb (2,041.2 kg) for
Season 1 (May 1-August 31) and a trip limit of 6,500 lb (2,948.4 kg)
for Season 2 (September 1-April 30). This action also increases the
skate bait whole weight possession limit from 25,000 lb (11,339.8 kg)
to 30,000 lb (13,607.8 kg) for trips fishing on a Bait Letter of
Authorization for all three bait seasons.
Comments on Proposed Rule
The comment period for the proposed rule (91 FR 14674, March 26,
2026) ended on April 10, 2026, and we received four comments. One
comment supported the skate wing possession limit increase of 500 lb
(227 kg) for each season and stated that it will hopefully result in
additional income for the wing fishery. Another commenter voiced
opposition to raising the trip limits for winter skate (the primary
target of the bait fishery) and argued for reducing trip limits as
there are more skates landed than the market demands. In addition, the
commenter noted that the price for skate is low and there should be
efforts to increase the price. NMFS recognizes that it is possible that
possession limit increases could cause
[[Page 35901]]
short-term price depressions, if market gluts were to occur. However,
the previous possession limit increase did not produce price gluts and
any impact on skate prices due to changes in possession limits is
expected to be minor for this action. In addition, there are expected
economic benefits to increasing the possession limits, including
elevated economic efficiency at the trip level with decreases in cost
per unit effort and additional yield on trips where skates have been a
constraining factor, such as for the monkfish fishery. The increased
skate bait possession limit is also intended to offset any increased
costs for skate bait trips that have experienced longer trip times.
One commenter stated that there are times of excessive skate
production and price drops, and the commenter noted current efforts for
a program to procure and process skate wings to support food security.
The commentor suggested that seafood gleaning should be part of the
FMP. This suggestion is outside the scope of this action, but NMFS
encourages that any suggested changes to the Northeast Skate Complex
FMP be raised as part of the Council process.
One commenter argued that there should be no skate fishing. NMFS
disagrees that fishing for skate should be prohibited, as this would
prevent the fishery from achieving optimum yield on a continuing basis
as required by National Standard 1 of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Changes From the Proposed Rule
Skate regulations (50 CFR 648.320(a)(4)) currently indicate that
specifications should be set for a period of up to 2 fishing years. In
November 2025, the Council submitted the Omnibus Management Flexibility
Amendment (Flexibility Amendment), which, among other changes, would
allow skate specifications to be set for up to 5 years. With the
expectation that the Flexibility Amendment would be approved and
effective before these skate specifications were finalized, the Council
recommended specifications for fishing year 2028, which were included
in the proposed rule. The proposed rule indicated that if the
Flexibility Amendment were not implemented by the time this final rule
was published, the projected 2028 specifications would not be included
in the final rule. 91 FR at 14674-14675. After further consideration,
we have determined that including the 2028 specifications in this final
rule provides the opportunity to avoid potentially unnecessary
rulemaking procedures and related waste of agency, Council, and
stakeholder resources. If the Flexibility Amendment is approved and the
2028 specifications are otherwise appropriate, including them in this
final rule eliminates the need for a new 2028 specifications action and
proceeding with a new rulemaking. NOAA and the Council retain the
opportunity to confirm the projections that form the basis for the 2028
specifications and review the analyses and rationale completed for this
action along with any significant new information and revise the 2028
specifications via a new rulemaking if needed, including if the
Flexibility Amendment is not approved. No other changes have been made
from the proposed rule.
Classification
NMFS is issuing this rule pursuant to sections 303(c), 304(b), and
305(d) of the Magnuson-Stevens Act, which provide specific authority
and procedures for implementing this action. The Council reviewed the
regulations to change possession limits for this action and deemed them
necessary and appropriate to implement this action, consistent with
section 303(c) of the Magnuson-Stevens Act. In addition, in a previous
action under section 304(b), the regulations at Sec. 648.320(a)(7)
authorize NMFS to take this action to set specifications under section
305(d). The NMFS Assistant Administrator has determined that this final
rule is consistent with the Northeast Skate Complex FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
This action may be implemented immediately upon publication under 5
U.S.C. 553(d)(1) and (3) for good cause and because it relieves
restrictions by increasing catch and possession limits. The 2026
fishing year began on May 1, 2026, operating under a rollover provision
using specifications from the prior fishing year. The rollover amounts
are lower than the 2026 fishing year skate quotas and possession
limits. Because the higher 2026 catch and possession limits relieve the
restrictions of lower catch limits, they are excepted from the
requirement to delay the effective date by 30-days and may be
implemented immediately on publication of this action.
Establishing specifications is a routine action that occurs every
year. Stakeholders and industry groups are accustomed to annual
implementation of catch and possession limits and anticipate immediate
implementation of them to facilitate planning, efficiency, and
maximizing their fishing opportunities to the extent practicable.
Stakeholders 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 skate industry around current quotas as fishermen may expect the
proposed 2026 specifications and possession limits to be in place by
the start of the 2026 fishing year. Furthermore, regulated parties do
not require any additional time to come into compliance with this rule
as they are currently subject to possession and catch limits. Unlike
actions that require an adjustment period, skate 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 and possession
limits. Thus, a 30-day delay before the final rule becomes effective
does not provide any benefit.
This final rule has been determined to be not significant for
purposes of 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.
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.
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.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
[[Page 35902]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 9, 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. In Sec. 648.322, revise paragraphs (b)(1)(i) and (c)(3) to read as
follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
* * * * *
(b) * * *
(1) * * *
(i) A vessel or operator of a vessel that has been issued a valid
Federal skate permit under this part, and fishes under an Atlantic sea
scallop, NE multispecies, or monkfish DAS as specified at Sec. Sec.
648.53, 648.82, and 648.92, respectively, unless otherwise exempted
under Sec. 648.80 or paragraph (c) of this section, may fish for,
possess, and/or land up to the allowable trip limits specified as
follows: Up to 4,500 lb (2,041 kg) of skate wings (10,215 lb (4,633 kg)
whole weight) per trip in Season 1 (May 1 through August 31), and 6,500
lb (2,948 kg) of skate wings (14,755 lb (6,693 kg) whole weight) per
trip in Season 2 (September 1 through April 30), or any prorated
combination of the allowable landing forms defined at paragraph (b)(5)
of this section.
* * * * *
(c) * * *
(3) The vessel owner or operator possesses or lands no more than
30,000 lb (13,608 kg) of whole skates per trip.
* * * * *
[FR Doc. 2026-11987 Filed 6-12-26; 8:45 am]
BILLING CODE 3510-22-P
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