Rule2026-18607
Fisheries of the Northeastern United States; Greater Atlantic Region Catch Share Cost Recovery Program Updates
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
September 11, 2026
Effective
October 13, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements regulatory and administrative changes to improve the Greater Atlantic Region's Catch Share Cost Recovery Programs. These updates are intended to simplify regulations and reduce costs for the Atlantic Sea Scallop Individual Fishing Quota (IFQ), Golden Tilefish IFQ, and Atlantic Surfclam and Ocean Quahog Individual Transferable Quota (ITQ) fisheries. This action will result in improved administration and management of the Atlantic sea scallop, golden tilefish, and Atlantic surfclam and ocean quahog fisheries.
Full Text
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<title>Federal Register, Volume 91 Issue 175 (Friday, September 11, 2026)</title>
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[Federal Register Volume 91, Number 175 (Friday, September 11, 2026)]
[Rules and Regulations]
[Pages 57804-57805]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18607]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260908-0006]
RIN 0648-BM54
Fisheries of the Northeastern United States; Greater Atlantic
Region Catch Share Cost Recovery Program Updates
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 regulatory and administrative
changes to improve the Greater Atlantic Region's Catch Share Cost
Recovery Programs. These updates are intended to simplify regulations
and reduce costs for the Atlantic Sea Scallop Individual Fishing Quota
(IFQ), Golden Tilefish IFQ, and Atlantic Surfclam and Ocean Quahog
Individual Transferable Quota (ITQ) fisheries. This action will result
in improved administration and management of the Atlantic sea scallop,
golden tilefish, and Atlantic surfclam and ocean quahog fisheries.
DATES: This rule is effective October 13, 2026.
ADDRESSES: Copies of the supporting documents for this rule are
available from Sustainable Fisheries Division, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
<a href="/cdn-cgi/l/email-protection#bfdbd0cad8d3decc91cfd0cbcbccffd1d0dede91d8d0c9"><span class="__cf_email__" data-cfemail="8febe0fae8e3eefca1ffe0fbfbfccfe1e0eeeea1e8e0f9">[email protected]</span></a>, (978) 281-9341.
SUPPLEMENTARY INFORMATION:
Background
The Greater Atlantic Regional Fisheries Office (GARFO) manages
three Limited Access Privilege Programs (LAPP): (1) Limited Access
General Category (LAGC) Atlantic Sea Scallop IFQ; (2) Golden Tilefish
IFQ; and (3) Atlantic Surfclam and Ocean Quahog ITQ. The Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
requires the collection of fees to recover ``the actual costs directly
related to the management, data collection, and enforcement'' of a LAPP
(16 U.S.C. 1854(d)(2)(A)(i)). Permit holders in these three LAPPs must
pay an annual cost recovery fee, based on the ex-vessel value of fish
landed under the program. The fee may be up to, but cannot exceed, 3
percent of the ex-vessel value of the fish harvested under the LAPP (16
U.S.C 1854(d)(2)(B)). Permits cannot be renewed until the previous
year's fee is paid (see 50 CFR 648.53(h)(4)(iii),
648.74(c)(6)(iii)(C)(1), and 648.294(h)(5)(vi)).
A proposed rule for this action was published in the Federal
Register on May 1, 2026 (91 FR 23385), and public comments were
accepted through June 1, 2026. Additional information on the
developmental history and need for this action is contained in the
proposed rule and is not repeated here.
This action waives fees under $25 to avoid the disproportionate
costs associated with administering these bills. The cost of staff time
spent working on billing for fees less than the U.S. Department of
Treasury's $25 minimum threshold for debt collection significantly
exceeds the value of the bills themselves, ultimately costing the
fishing industry more in the subsequent billing cycle. The unbilled
amounts below $25 will be rolled over into the following year's cost
recovery accounting, so GARFO would still collect the total ``actual
costs'' of the LAPPs as required by the Magnuson-Stevens Act.
This action also standardizes the billing timeline for GARFO, and
payment periods for permit holders, across the regulations implementing
the three LAPPs administered by GARFO. Setting a standard timeline for
billing and payment periods will reduce uncertainty for members of the
fishing industry and reduce the administrative burden on the agency.
This action requires NMFS to send out bills within 6 months of the end
of the cost recovery period and sets payments due within 30 days from
the date bills are sent for all three LAPPs. Currently, Atlantic
Surfclam and Ocean Quahog ITQ bills are due within 30 days, Golden
Tilefish IFQ bills are due within 45 days, and Atlantic Sea Scallop IFQ
bills are due within 60 days. Requiring payment within 30 days of the
bill date, also known as ``Net 30,'' is standard practice across many
industries. Providing 6 months from the end of the cost recovery period
to send fee notices allows time for GARFO staff to compile the cost of
managing the LAPPs as well as sufficient time to receive, review, and
correct, if necessary, landings and price data from fishing vessels and
dealers. The Atlantic Sea Scallop IFQ cost recovery year runs from
October 1 through September 31, and GARFO would send out bills before
the end of the following March. The cost recovery year for Golden
Tilefish IFQ and Atlantic Surfclam and Ocean Quahog ITQ follows the
calendar year, and GARFO would send out bills before the end of the
following June.
Comments and Responses
We received three comments on the proposed rule. One comment
expressed general support for the proposed action because it would
improve efficiency without negatively impacting sustainability of the
fisheries. Two of the comments received were not relevant to this rule
and are, therefore, not discussed further.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. The reason for using this regulatory authority is
that this action addresses the agency's administration of the cost
recovery provisions of the Atlantic Sea Scallop Fishery Management Plan
(FMP), Golden Tilefish FMP, and Atlantic Surfclam and Ocean Quahog FMP
to minimize agency inefficiencies and unnecessary costs for the
industry. NMFS notified the New England Fishery Management Council and
the Mid-Atlantic Fishery Management Council of its intention to
implement these changes using this authority. Neither Council objected,
nor did they express interest in addressing these issues through the
Council process. The NMFS Assistant Administrator has determined that
this final rule is consistent with the Atlantic Sea Scallop FMP, Golden
Tilefish FMP, and Atlantic Surfclam and Ocean Quahog FMP, the Magnuson-
Stevens Act, and other applicable law.
[[Page 57805]]
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is considered to be an Executive Order 14192
deregulatory action.
A tribal summary impact statement under section (5)(b)(2)(B) and
section (5)(c)(2) of Executive Order 13175 was not required for this
final rule because this action does not impose substantial direct
compliance costs on Indian tribal governments and this action does not
preempt tribal law. A tribal summary impact statement is not required
and has not been prepared.
The Senior Lead Counsel for Regulation of the Department of
Commerce certified to the Chief Counsel for Advocacy of the Small
Business Administration (SBA) 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 final
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 8, 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. 648.53, revise paragraph (h)(4)(ii) to read as follows:
Sec. 648.53 Overfishing limit (OFL), acceptable biological catch
(ABC), annual catch limits (ACL), annual catch targets (ACT), annual
projected landings (APL), DAS allocations, and individual fishing
quotas (IFQ).
* * * * *
(h) * * *
(4) * * *
(ii) Fee Payment Procedure. Within 6 months from the end of a cost
recovery billing period, NMFS shall mail a cost recovery bill to each
IFQ scallop permit holder. An IFQ scallop permit holder who has
incurred a cost recovery fee must pay the fee to NMFS within 30 days
from the date of mailing of the recovery bill. Cost recovery payments
shall be made electronically via the Federal web portal, <a href="https://www.pay.gov">https://www.pay.gov</a>, or other internet sites as designated by the Regional
Administrator. Instructions for electronic payment shall be available
on both the payment website and the paper bill. Payment options shall
include payment via a credit card, as specified in the cost recovery
bill, or via direct automated clearing house (ACH) withdrawal from a
designated checking account. Payment by check may be authorized by NMFS
if it has determined that electronic payment is not possible (for
example, if the geographical area of an individual(s) is affected by
catastrophic conditions).
* * * * *
0
3. In Sec. 648.74, revise paragraph (c)(5) introductory text to read
as follows:
Sec. 648.74 Individual Transferable Quota (ITQ) Program.
* * * * *
(c) * * *
(5) Fee payment and collection. NMFS will send a bill to ITQ permit
holders within 6 months from the end of a cost recovery billing period
for any applicable ITQ cost recovery fee.
* * * * *
0
4. In Sec. 648.294, revise paragraph (h)(3) introductory text, and
paragraph (h)(3)(i) to read as follows:
Sec. 648.294 Golden tilefish individual fishing quota (IFQ) program.
* * * * *
(h) * * *
(3) Fee payment procedure. NMFS will create an annual IFQ
allocation bill for each cost recovery billing period and provide it to
IFQ allocation permit holders with quota share within 6 months from the
end of a cost recovery billing period. The bill will include
information regarding the amount and value of IFQ allocation landed
during the prior cost recovery billing period, and the associated cost
recovery fees.
(i) Payment due date. An IFQ allocation permit holder who has
incurred a cost recovery fee must pay the fee to NMFS within 30 days of
the date of the bill.
* * * * *
[FR Doc. 2026-18607 Filed 9-10-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 11, 2026.
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