Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 17

Issuing agencies

Abstract

Through this action, NMFS is implementing specifications and management measures in Framework Adjustment 17 to the Monkfish Fishery Management Plan (FMP). This action sets monkfish specifications for fishing year 2026, projects specifications for fishing years 2027 and 2028, streamlines the Annual Catch Limit (ACL) Overage Accountability Measure (AM) trigger, and adds default specifications for the monkfish fishery. This action is necessary to respond to updated scientific information and achieve the goals and objectives of the FMP. These measures are intended to help prevent overfishing and ensure that management measures are based on the best scientific information available.

Full Text

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Rules and Regulations]
[Pages 55282-55284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 260821-0006]
RIN 0648-BO16


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 17

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: Through this action, NMFS is implementing specifications and 
management measures in Framework Adjustment 17 to the Monkfish Fishery 
Management Plan (FMP). This action sets monkfish specifications for 
fishing year 2026, projects specifications for fishing years 2027 and 
2028, streamlines the Annual Catch Limit (ACL) Overage Accountability 
Measure (AM) trigger, and adds default specifications for the monkfish 
fishery. This action is necessary to respond to updated scientific 
information and achieve the goals and objectives of the FMP. These 
measures are intended to help prevent overfishing and ensure that 
management measures are based on the best scientific information 
available.

DATES: Effective September 28, 2026.

ADDRESSES: Copies of Framework Adjustment 17, including the draft 
Supplemental Information Report (SIR) prepared by the New England 
Fishery Management Council in support of this action, are available 
from Dr. Cate O'Keefe, Executive Director, New England Fishery 
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The 
supporting documents are also accessible via the internet at: <a href="https://www.nefmc.org/management-plans/monkfish">https://www.nefmc.org/management-plans/monkfish</a> or <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed under the Monkfish FMP by 
the New England and the Mid-Atlantic Fishery Management Councils 
(Councils). The fishery extends from Maine to North Carolina from the 
coast out to the end of the continental shelf. The Councils manage the 
fishery as two management areas, with the Northern Fishery Management 
Area (NFMA) covering the Gulf of Maine and northern part of Georges 
Bank, and the Southern Fishery Management Area (SFMA) extending from 
the southern flank of Georges Bank through Southern New England and 
into the Mid-Atlantic Bight to North Carolina.
    The monkfish fishery is primarily managed by landing limits and a 
yearly allocation of monkfish days-at-sea (DAS) calculated to enable 
vessels participating in the fishery to catch, but not exceed, the 
target total allowable landings (TAL) and the annual catch target 
(ACT), which is the TAL plus an estimate of expected discards, for each 
management area.
    Under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), NMFS approves, disapproves, or partially 
approves measures that the Council recommends, based on consistency 
with the Act and other applicable law. NMFS reviews proposed 
regulations for consistency with the fishery management plan, plan 
amendments, the Magnuson-Stevens Act and other applicable law, and 
publishes the proposed regulations, solicits public comment, and 
promulgates the final regulations. NMFS published a proposed rule for 
Framework 17 on April 23, 2026 (91 FR 21779), with a 30-day comment 
period that ended on May 26, 2026. Based on information provided in the 
SIR and considered during the preparation of this action, and after 
consideration of comments, NMFS has approved all the measures in 
Framework 17 recommended by the Councils, as described below. The 
measures implemented in this final rule:
    <bullet> Set specifications for the NFMA and SFMA for fishing year 
2026 and projects specifications for fishing years 2027 and 2028;

[[Page 55283]]

    <bullet> Streamlines the implementation of AMs in the event of an 
ACL overage; and
    <bullet> Adds default specifications for the monkfish fishery, 
previously approved in Framework 13.

Approved Measures

1. Specifications

    This action sets the NFMA and SFMA quotas for fishing year 2026 and 
projects quotas for fishing year 2027 and 2028, based on the Councils' 
recommendations.
    On August 19, 2025, the New England Council's Scientific and 
Statistical Committee (SSC) recommended acceptable biological catch 
(ABC) levels in the NFMA and SFMA for fishing years 2026-2028 based on 
the Northeast Fisheries Science Center's 2025 Data Update for Northern 
and Southern Monkfish and information provided by the New England 
Council's Plan Development Team.
    The Councils' recommended specifications include status quo ABCs 
and ACLs in both management areas relative to 2023-2025 values. 
Expected discards, calculated using the median of the most recent 10 
years of data, slightly increased in the NFMA and marginally decreased 
in the SFMA. After accounting for discards, the Councils recommended a 
3-percent decrease in the TAL for the NFMA and a less than 1-percent 
increase in the TAL for the SFMA. Table 1 includes the approved catch 
limits for 2026-2028 and the change relative to the 2023-2025 
specifications.

                                  Table 1--Approved Framework 17 Specifications
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                                                      Northern area                        Southern area
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             Catch limits                  2026-2028 Specs in     % Change from      2026-2028     % Change from
                                            metric tons (mt)       2023-2025 *      Specs (mt)      2023-2025 *
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ABC...................................                    6,224               0            5,861               0
ACL...................................                    6,224               0            5,861               0
Management Uncertainty (3%)...........                      187  ...............             176  ..............
ACT (TAL + discards)..................                    6,038               0            5,685               0
Expected Discards.....................                      863            18.4          2,198.5            -0.3
TAL...................................                    5,309              -3            3,487             0.2
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* Percent change from the previously approved 2023-2025 specifications.

    At the end of each fishing year, NMFS evaluates catch information 
and determines if the quota has been exceeded. The regulations at 50 
CFR 648.96(d) require revision of the monkfish ACT if it is determined 
that the ACL was exceeded in any given year. If an overage occurs, NMFS 
will publish a notice in the Federal Register of any revisions to these 
specifications. NMFS has determined, based on final 2024 year-end 
accounting, that no adjustment is necessary for fishing year 2026. NMFS 
will provide notice of the 2027 and 2028 quotas prior to the start of 
each respective fishing year.

2. Annual Catch Limit Overage Accountability Measures

    Under regulations defining the ACL Overage AMs at Sec.  
648.96(d)(2), if it is determined that the ACL for a stock was exceeded 
in a given year, then the Councils are required to take action to 
deduct the amount of the ACL overage from the ACT for that stock in the 
second fishing year following the overage. Only if the Councils fail to 
take action to implement this revision is the Regional Administrator 
required to take action to implement the AM in accordance with the 
Administrative Procedure Act and other applicable law.
    Framework 17 removes the requirement that the Councils trigger the 
ACL Overage AMs, making only the Regional Administrator responsible for 
implementing the AMs. This change simplifies and streamlines the 
procedure for implementing AMs and minimizes disruption to Council 
workplans. Shifting responsibility for implementing AMs to the Regional 
Administrator eliminates these disruptions; NMFS already provides 
notice of annual monkfish quotas in the Federal Register and would be 
able to implement any ACT revisions as part of that process. The 
regulations included in this final rule clarify this process.
    This rule implements no other changes to the ACL Overage AMs.

3. Default Overfishing Limits (OFL), ABCs, and ACLs

    This rule implements regulations that define default OFLs, ABCs, 
and ACLs that would go into place if no specifications for a fishing 
year are in place at the start of that fishing year.
    Default rollover specifications were originally included in the 
Councils' submission of Framework 13 to the Monkfish FMP. After 
reviewing Framework 13 for consistency with the Magnuson-Stevens Act 
and applicable law, NMFS approved Framework 13 and published a final 
rule in the Federal Register on August 11, 2023 (88 FR 54495) (2023 
Final Rule). However, during the development of Framework 17 and in 
discussions related to potential changes that might be considered under 
the New England Council's Omnibus Management Flexibility Amendment, 
NMFS discovered that changes to the monkfish regulations to clarify 
rollover and default specifications in Sec.  648.96 were inadvertently 
omitted from the 2023 Final Rule. As such, these regulations were never 
put in place. This action adds regulations to define default 
specifications and corrects this omission.

Comments and Responses

    NMFS received two comments during the public comment period for the 
proposed rule. Of these comments, one was not relevant to the proposed 
measures and will not be addressed here. The other comment received 
opposed publication of the final rule for Framework 17 on procedural 
grounds.
    Comment 1: One member of the public stated that, in 15 separate 
instances, the proposed rule for Framework 17 failed to comply or 
document compliance with the Magnuson-Stevens Act (including the 10 
National Standards), the National Environmental Policy Act (NEPA), the 
Endangered Species Act (ESA), the Regulatory Flexibility Act (RFA), the 
Marine Mammal Protection Act (MMPA), the Coastal Zone Management Act 
(CZMA), and several Executive Orders. The commenter stated that NMFS 
should not approve the action or issue the final rule for Framework 17 
until these ``procedural and substantive defects'' are addressed.

[[Page 55284]]

    Response: NMFS disagrees that Framework 17 or the proposed rule is 
out of compliance with the MSA, applicable law, or applicable Executive 
Orders. NMFS has approved Framework 17 on the basis that it is in 
compliance with the Monkfish FMP, the Magnuson-Stevens Act, and all 
applicable law.
    The Supplemental Information Report submitted by the Councils in 
support of Framework 17 includes an in-depth discussion of the action's 
compliance with the Magnuson-Stevens Act and applicable laws that the 
commenter states are not adequately addressed. Specifically, the 
Framework 17 document includes a summary of how the Framework is 
consistent with all 10 National Standards, 15 required provisions for 
FMPs found in section 303(a) of the Magnuson-Stevens Act, the ESA, the 
MMPA, CZMA, and applicable Executive Orders. The proposed rule for 
Framework 17 provided instruction in the ADDRESSES section on how to 
obtain copies of the Framework 17 document, including the draft 
Supplemental Information Report, prepared by the Councils. This 
included instructions on how readers could access the documents via the 
internet. NMFS again directs the commenter and the public to the 
Framework 17 document by following the instructions in the ADDRESSES 
section of this final rule.
    In addition, the proposed rule clearly documents that the Chief 
Counsel for Regulation of the Department of Commerce certified to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA) 
that this action would not have a significant economic effect on a 
substantial number of small entities. The proposed rule includes a 
detailed description of the entities regulated by this action, whether 
they are large or small, and the long-term impacts of the action on 
small entities.
    Finally, some of the remaining deficiencies that the commenter 
claims regarding Framework 17 and/or its proposed rule are not relevant 
(e.g., Executive Orders 12898 and 14008, which have been rescinded).

Changes From the Proposed Rule

    NMFS made one change to the proposed rule. This final rule made a 
minor adjustment to the regulatory text regarding the implementation of 
an AM due to an ACL overage to clarify the Regional Administrator's 
role in the process.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Monkfish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is exempt from the requirements of Executive Order 
14192 because it is a routine fishing action.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    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 Executive 
Order 13175 is not required, and the requirements of section (5)(b) and 
(c) of Executive Order 13175 also do not apply. A Tribal summary impact 
statement under section (5)(b)(2)(B) and (c)(2) of Executive Order 
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. Although NMFS received a 
comment simply stating that the certification was not defensible, this 
comment did not provide additional data or information that contradicts 
the factual basis for this certification. This comment and NMFS's 
response is included in the Comments and Responses section of this 
final rule. As a result, a regulatory flexibility analysis was not 
required, and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing.

    Dated: August 24, 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. Amend Sec.  648.96 by adding paragraph (c)(1)(iv) and revising 
paragraph (d)(2) to read as follows:


Sec.  648.96  FMP review, specification, and framework adjustment 
process.

* * * * *
    (c) * * *
    (1) * * *
    (iv) Default OFLs, ABCs, and ACLs. If final specifications (OFLs, 
ABCs, and ACLs) for a fishing year are not published in the Federal 
Register in a manner consistent with this section for the start of that 
fishing year, specifications for that fishing year shall be equal to 
the prior fishing year's specifications for each stock, until 
superseded by a final rule implementing new specifications.
    (A) Specification of ACTs for each management area and accounting 
for incidental catch in non-directed fisheries and discards in all 
fisheries under default ACLs shall be consistent with what was adopted 
for the previous year's specifications.
    (B) [Reserved]
    (d) * * *
    (2) ACL overages and adjustments. If it is determined, based upon, 
but not limited to, available landings and discard information, that 
the ACL for a monkfish stock is exceeded in a given year, then the ACT 
for that stock in the second fishing year following the fishing year in 
which the ACL overage occurred shall be revised such that the ACL 
overage is deducted from the ACT on a pound for pound basis. If 
necessary, based on the scale of the deduction, management measures 
(DAS and trip limits) may be revised after consultation with the 
Councils. The Regional Administrator shall make these adjustments in 
accordance with the Administrative Procedure Act and other applicable 
law.
* * * * *

[FR Doc. 2026-17500 Filed 8-26-26; 8:45 am]
BILLING CODE 3510-22-P


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