Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 72

Citation91 FR 49358
Published date04 August 2026
FR Document2026-15784
Pages49358-49371
SectionRules and Regulations
IssuerCommerce Department,National Oceanic and Atmospheric Administration
49358
Federal Register / Vol. 91, No. 148 / Tuesday, August 4, 2026 / Rules and Regulations
3
Minimum test pressure is not applicable to those cylinders and tubes requalified using ultrasonic examination (UE).
4
This provision does not apply to cylinders used for carbon dioxide, fire extinguisher, or other industrial gas service.
(b) DOT 3A or 3AA cylinders. (1) A
cylinder conforming to specification
DOT 3A or 3AA with a water capacity
of 56.7 kg (125 lb.) or less that is
removed from any cluster, bank, group,
rack, or vehicle each time it is filled,
may be requalified every ten years
instead of every five years, provided the
cylinder conforms to all of the following
conditions:
(i) The cylinder was manufactured
after December 31, 1945.
(ii) The cylinder is used exclusively
for air; argon; cyclopropane; ethylene;
helium; hydrogen; krypton; neon;
nitrogen; nitrous oxide; oxygen; sulfur
hexafluoride; xenon; chlorinated
hydrocarbons, fluorinated
hydrocarbons, liquefied hydrocarbons,
and mixtures thereof that are
commercially free from corroding
components; permitted mixtures of
these gases (see § 173.301(d) of this
subchapter); and permitted mixtures of
these gases with up to 30 percent by
volume of carbon dioxide, provided the
gas has a dew point at or below minus
(52 °F) at 1 atmosphere.
(iii) [Reserved]
(iv) The cylinder is dried immediately
after hydrostatic testing to remove all
traces of water.
(v) The cylinder is not used for
underwater breathing.
(vi) Each cylinder is stamped with a
five-pointed star at least one-fourth of
an inch high immediately following the
test date.
(2) A cylinder conforming to
specification DOT 3A or 3AA with a
water capacity of 56.7 kg (125 lb.) or less
that is not removed from any cluster,
bank, group, rack, or vehicle each time
it is filled, may be requalified by either
hydrostatic testing and visual inspection
described in § 180.205 or by ultrasonic
examination (UE) every ten years
instead of every five years, provided the
cylinder conforms to all of the following
conditions:
(i) The cylinder was manufactured
after December 31, 1945.
(ii) The cylinder is used exclusively
for air; argon; helium; oxygen; nitrogen;
neon; tetrafluoromethane (CF4);
hydrogen; deuterium; mixtures of
hydrogen, argon, helium, oxygen, and/
or nitrogen; mixtures of argon, xenon,
and/or neon; mixtures of krypton and
neon; mixtures of hydrogen, argon,
helium, and/or nitrogen; and mixtures
containing deuterium, provided all gas
mixtures have a dew point at or below
minus (52 °F) at 1 atmosphere.
(iii) Carbon dioxide in any
concentration cannot be added to
cylinders in the bundle.
(iv) Gases that are toxic and/or
corrosive cannot be added to cylinders
in the bundle.
(v) If requalified by hydrostatic
pressure testing, the cylinder is dried
immediately after testing to remove all
traces of water.
(vi) The cylinder is not used for
underwater breathing.
(vii) Each cylinder is stamped with a
five-pointed star at least one-fourth of
an inch high immediately following the
test date.
(3) If, since the last required
requalification, a cylinder has not been
used exclusively for the gases
specifically identified in paragraph
(b)(1)(ii) of this section, but currently
conforms with all other provisions of
paragraph (b)(1) of this section, it may
be requalified every 10 years instead of
every five years, provided it is first
requalified and examined as prescribed
by § 173.302a(b)(2), (3) and (4) of this
subchapter.
(4) Except as specified in paragraph
(b)(3) of this section, if a cylinder,
marked with a star, is filled with a
compressed gas other than as specified
in paragraph (b)(1)(ii) of this section, the
star following the most recent test date
must be obliterated. The cylinder must
be requalified five years from the
marked test date, or prior to the first
filling with a compressed gas, if the
required five-year requalification period
has passed.
* * * * *
Issued in Washington, DC, on July 31,
2026, under the authority delegated in 49
CFR 1.97.
Paul J. Roberti,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2026–15819 Filed 8–3–26; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 260729–0180]
RIN 0648–BO27
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 72
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Interim final rule; request for
comments.
SUMMARY
: NMFS issues this interim
final rule to implement Framework
Adjustment 72 (Framework 72) to the
Northeast Multispecies Fishery
Management Plan (FMP), specifically to
implement status determination criteria
for Georges Bank yellowtail flounder,
set catch limits for multispecies
(groundfish) stocks, and revise the
process for setting recreational measures
for Atlantic cod and haddock. This
action is necessary to respond to
updated scientific information and to
achieve the goals and objectives of the
FMP. The measures are intended to help
prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and
ensure that management measures are
based on the best scientific information
available.
DATES
: Effective August 4, 2026.
Comments must be received by 5 p.m.
EST on September 3, 2026.
ADDRESSES
: A plain language summary
of this interim final rule is available at:
https://www.regulations.gov/docket/
NOAA-NMFS-2026-0859. You may
submit comments, identified by NOAA–
NMFS–2026–0859, by the following
method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and type
NOAA–NMFS–2026–0859 in the Search
box (note: copying and pasting the
FDMS Docket Number directly from this
document may not yield search results).
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
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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. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. You may submit
anonymous comments by entering ‘‘N/
A’’ in the required fields if you wish to
remain anonymous.
Copies of Framework Adjustment 72,
including the Supplemental Information
Report (SIR), the Regulatory Impact
Review, and supporting documents
prepared by the New England Fishery
Management Council (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: http://
www.nefmc.org/management-plans/
northeast-multispecies or http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: Liz
Sullivan, Fishery Policy Analyst, phone:
978–282–8493; email: Liz.Sullivan@
noaa.gov.
SUPPLEMENTARY INFORMATION
:
Summary of Approved Measures
The Northeast Multispecies FMP
specifies the management measures for
13 groundfish species. The FMP was
prepared by the Council and is
implemented by NMFS through
regulations at 50 CFR part 648,
consistent with the requirements of the
Magnuson-Stevens Act. The groundfish
fishery includes recreational and
commercial components, and the
members of the commercial fishery
choose whether to fish as part of the
sector program or the common pool.
Annually, the commercial groundfish
fishery has a value of approximately $40
million (ex-vessel revenue from the
most recent complete fishing year).
Recreational fisheries, including the
recreational groundfish fishery,
contribute substantial value to the
regional and national economies.
This action implements Framework
72 to the Northeast Multispecies FMP.
The New England Fishery Management
Council reviewed the regulations
included in this rulemaking and
deemed them consistent with, and
necessary to implement, Framework 72
in a March 16, 2026, letter from Council
Chairman Daniel Salerno to Regional
Administrator Michael Pentony. Under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act, or Act), on
behalf of the Secretary of Commerce, the
Greater Atlantic Regional Fisheries
Office’s Regional Administrator
approves, disapproves, or partially
approves measures that the Council
proposes, based on consistency with the
Act and other applicable law.
To help ensure that Framework 72 is
implemented as early as possible in the
2026 fishing year, which began May 1,
2026, NMFS is implementing
Framework 72 through this interim final
rule, which is effective upon
publication. NMFS is also affording the
public the opportunity to comment on
this action by accepting public comment
until September 3, 2026. NMFS will
review all of the comments received on
this interim final rule. If substantive
comments are received, and NMFS
determines that changes to the rule are
appropriate in response, NMFS will
publish a new final rule.
NMFS has approved and is
implementing all of the measures in
Framework 72, as recommended by the
Council. Framework 72:
Incorporates status determination
criteria (SDC) for Georges Bank (GB)
yellowtail flounder provided by the
most recent stock assessment;
Sets shared United States/Canada
quotas for GB yellowtail flounder and
eastern GB cod and haddock for fishing
year 2026;
Sets specifications, including catch
limits for 12 groundfish stocks: GB cod,
GB haddock, and GB yellowtail flounder
for fishing year 2026; and Southern New
England/Mid-Atlantic (SNE/MA)
yellowtail flounder, Cape Cod/Gulf of
Maine (CC/GOM) yellowtail flounder,
GB winter flounder, GOM winter
flounder, SNE/MA winter flounder,
redfish, white hake, ocean pout, and
wolffish for fishing years 2026–2030;
and
Modifies the regulatory process for
the Regional Administrator to set
recreational measures for cod and
haddock stocks that do not have a
recreational sub-annual catch limit
(ACL).
This action also makes minor,
clarifying regulatory changes that are
not part of Framework 72, under section
305(d) authority in the Magnuson-
Stevens Act to make changes necessary
to carry out the FMP. NMFS is making
these changes in conjunction with the
Framework 72 measures for expediency
purposes. These changes are described
below under the heading, Minor,
Clarifying Regulatory Changes under
Secretarial Authority.
Status Determination Criteria
In 2024, the Northeast Fishery
Science Center (Center) completed a
research track assessment of GB
yellowtail flounder, which transitioned
the assessment to a Woods Hole
Assessment Model (WHAM). This
replaced the previous empirical
approach that had been used to set catch
advice for past fishing years. The 2025
management track assessment produced
revised SDCs for GB yellowtail flounder,
including revised numeric estimates.
Framework 72 incorporates the
previously revised SDCs for GB
yellowtail flounder, and provides
updated numerical estimates of these
criteria, in accordance with the results
and peer review recommendations of
the 2025 stock assessments (tables 1 and
2). These replace the ‘‘unknown’’ SDCs
for GB yellowtail flounder that had been
incorporated into the FMP by
Framework 53 (80 FR 25110, May 1,
2015).
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Fishing Year 2026 Shared United
States/Canada Quotas
Management of Transboundary Georges
Bank Stocks
Eastern GB cod, eastern GB haddock,
and GB yellowtail flounder are shared
stocks that are jointly managed with
Canada under the United States/Canada
Resource Sharing Understanding
(Understanding). As part of the
Understanding, the United States and
Canada consider the most recent stock
information and develop shared quotas
that are allocated between the United
States and Canada based on a formula
that considers historical catch (10-
percent weighting) and the current
resource distribution (90-percent
weighting). For historical information
about the Understanding, see: http://
www.bio.gc.ca/info/intercol/tmgc-cogst/
index-en.php.
A new approach called the Integration
of Science Advice for Transboundary
Stocks (ISATS) process was followed to
provide science advice to support the
decision-making process for the
management of the three transboundary
stocks. ISATS includes a meeting of the
stock assessment leads for both
countries, where the outcomes of the
United States and Canadian domestic
assessments are compiled into a joint
document, to be considered equally as
the basis for informing catch advice. In
2025, the U.S. GB yellowtail flounder
management track assessment was
conducted after the ISATS process and
results were considered directly.
For GB yellowtail flounder, the
Council’s Scientific and Statistical
Committee (SSC) also recommends an
acceptable biological catch (ABC) for the
stock. The ABC is typically used to
inform the development of the annual
shared quota. Although the stock is
jointly managed with Canada, the
Council may not recommend catch
limits that would exceed the SSC’s
recommendation. In 2025, the shared
quota for GB yellowtail flounder was
developed before the SSC had met to
discuss the stock, and the SSC took this
already-developed quota into
consideration when making its
recommendation to the Council. The
SSC does not recommend ABCs for
eastern GB cod and haddock because
they are management units of the total
GB cod and haddock stocks. The SSC
recommends overall ABCs for the total
GB cod and haddock stocks. The shared
United States/Canada quota for eastern
GB cod and haddock is included in
these overall ABCs and must be
consistent with the SSC’s
recommendation for the total GB stocks.
2026 United States/Canada Quotas
The United States and Canada
developed shared quotas for 2026 based
on the available domestic assessment
information from both countries. The
Council adopted these
recommendations in Framework 72
(table 3), and this action approves them.
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The 2026 U.S. quotas for the eastern
GB cod represent an 84-percent
increase, compared to 2025; the eastern
GB haddock and GB yellowtail flounder
quotas represent 36-percent and 68-
percent decreases, respectively. A more
detailed discussion of the 2026 catch
advice for shared stocks, including a
description of each country’s quota
share, is accessible online at: https://
www.nefmc.org/.
The regulations implementing the
United States/Canada Resource Sharing
Understanding at 50 CFR 648.85(a)
require deducting any overages of the
U.S. quota for eastern GB cod, eastern
GB haddock, or GB yellowtail flounder
from the U.S. quota in the following
fishing year. If catch information for the
2025 fishing year indicates that the U.S.
fishery exceeded its quota for any of the
shared stocks, NMFS will reduce the
respective U.S. quotas for the 2026
fishing year in a future action, as close
to May 1, 2026, as possible. If any
fishery that is allocated a portion of the
U.S. quota exceeds its allocation and
causes an overage of the overall U.S.
quota, the overage reduction would be
applied only to that fishery’s allocation
in the following fishing year. This
ensures that catch by one component of
the overall fishery does not negatively
affect another component of the overall
fishery.
Catch Limits for Fishing Years 2026–
2030
Summary of the Catch Limits
Specifications are adopted for
multiple years. Any specifications for
fishing years beyond 2026 are
projections that will be considered and
reaffirmed or adjusted in the annual
framework for that fishing year.
Previously, specifications have been
adopted for 3 years, the Council’s
omnibus management flexibility
amendment (Amendment 26 to the
Northeast Multispecies FMP, 91 FR
27234, May 14, 2026) would increase
this duration to up to 5 years. To reflect
this, Framework 72 developed
specifications for fishing years 2026–
2030.
Tables 4 through 16 show the catch
limits for the 2026–2030 fishing years.
A brief summary of how these catch
limits were developed is provided
below. More details on the catch limits
for each groundfish stock can be found
in appendix II (Calculation of Northeast
Multispecies Annual Catch Limits, FY
2026–FY 2030) to the Framework 72 SIR
(see
ADDRESSES
for information on how
to get this document).
Through Framework 72, the Council
recommended catch limits, including
overfishing limits (OFLs), for GB cod,
GB haddock, GB yellowtail flounder for
fishing year 2026, and CC/GOM
yellowtail flounder, SNE/MA yellowtail
flounder, GB winter flounder, GOM
winter flounder, SNE/MA winter
flounder, white hake, redfish, ocean
pout, and Atlantic wolffish for the
2026–2030 fishing years, based on stock
assessments or data updates completed
in 2025. Specifications for the Atlantic
cod stocks were set in Amendment 25
(Revised) (91 FR 39529, June 30, 2026).
Framework 72 replaces the Amendment
25 (Revised) specifications for GB cod.
Catch limits for other groundfish stocks
were previously set by Framework 66
(89 FR 35755, May 2, 2024) and
Framework 69 (91 FR 11141, March 9,
2026). Table 4 provides an overview of
which catch limits change based on
Framework 72, as well as when the
stock was most recently assessed. Table
5 provides the percentage change in the
2026 catch limit compared to the 2025
fishing year.
All specifications projected for fishing
year 2026 in previous frameworks or
Amendment 25 (Revised) were
considered for reaffirmation or
adjustment, as warranted by the best
scientific information available in the
adopting framework/amendment, and
any updates in this action. The
previously projected and adopted
specifications are reaffirmed, consistent
with the considerations and
determinations in the adopting
frameworks and amendment, because
no new or updated scientific
information warranted changes to prior
adopted specifications.
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BILLING CODE 3510–22–C
Overfishing Limits and Acceptable
Biological Catches
The OFL is calculated to set the
maximum amount of fish that can be
caught in a year, without constituting
overfishing. The ABC is typically set
lower than the OFL to account for
scientific uncertainty. For GB cod, GB
haddock, and GB yellowtail flounder,
the total ABC is reduced by the amount
of the Canadian quota (see table 1 for
the Canadian and United States shares
of these stocks). Additionally, although
GB winter flounder, white hake, and
Atlantic halibut are not jointly managed
with Canada, there is some Canadian
catch of these stocks. Because the total
ABC must account for all sources of
fishing mortality, expected Canadian
catch of GB winter flounder (38 metric
tons; mt), white hake (57 mt), and
Atlantic halibut (71 mt) is deducted
from the total ABC. The United States
ABC is the amount available to the
domestic fishery after accounting for
Canadian catch (see table 3). For stocks
without Canadian catch, the United
States ABC is equal to the total ABC.
Annual Catch Limits
Development of Annual Catch Limits
The U.S. ABC for each stock is
divided among the various fishery
components to account for all sources of
fishing mortality. For stocks with a
recreational allocation, the U.S. ABC is
typically first divided between the
commercial and recreational fisheries,
before being further divided into sub-
components and sub-ACLs. An estimate
of catch expected from state waters and
the other sub-component (e.g., Federal
commercial non-groundfish fisheries
and some recreational groundfish
fisheries, if there is not a recreational
allocation) is deducted from the U.S.
ABC. The remaining portion of the U.S.
ABC is distributed to the fishery
components that receive an allocation
for the stock. Components of the fishery
that receive an allocation have a sub-
ACL set by reducing their portion of the
ABC (the sub-ABC) to account for
management uncertainty and are subject
to accountability measures (AM) if they
exceed their respective catch limit
during the fishing year. This process is
described fully in appendix II of the
Framework 72 SIR.
Sector and Common Pool sub-ACLs
For stocks allocated to sectors, the
commercial groundfish sub-ACL is
further divided into the non-sector
(common pool) sub-ACL and the sector
sub-ACL, based on the total vessel
enrollment in sectors and the
cumulative potential sector
contributions (PSC) associated with
those sectors. The sector and common
pool sub-ACLs implemented in this
action are based on fishing year 2026
PSCs and sector rosters. All permits
enrolled in a sector, and the vessels
associated with those permits, had until
April 30, 2026, to withdraw from a
sector and fish in the common pool for
the 2026 fishing year. In addition to the
enrollment delay, all permits that
changed ownership after the roster
deadline were permitted to join a sector
(or change sector) through April 30,
2026.
Management Uncertainty Buffer for
Sectors
As mentioned generally above,
management uncertainty is accounted
for in the setting of ACLs that are equal
to or lower than the ABC recommended
by the SSC. This difference between an
ABC and ACL or sub-ACL is known as
a management uncertainty buffer.
Without changing the process for setting
management uncertainty buffers,
Amendment 23 (87 FR 75852, December
9, 2022) implemented a measure to
adjust the management uncertainty
buffer for the sector sub-ACL for each
allocated groundfish stock to zero when
appropriate. In years that the at-sea
monitoring (ASM) coverage target is set
at 100 percent, the management
uncertainty buffer will default to zero
for the sector sub-ACL for allocated
stocks, unless the Council’s
consideration of the 100-percent
coverage target warrants specifying a
different management uncertainty buffer
in order to prevent exceeding the sub-
ACL. Based on Amendment 25
(Revised), this provision does not apply
for SNE cod.
As established in Amendment 23, the
ASM coverage target is dependent on
the level of funding for ASM and
observers, and NMFS must evaluate
overall annual appropriations from
Congress to finalize the ASM coverage
target. NMFS provides the target as soon
as it can each year so that sectors can
establish their rosters and meet annual
deadlines. On March 13, 2026, the
Regional Administrator announced that
the preliminary fishing year 2026 ASM
coverage target of 100 percent, and
nothing has changed since that
announcement to require a lower ASM
coverage target or to change the
determination that the coverage target
provides a basis for removing the
management uncertainty buffer.
Therefore, in this action, NMFS is
removing the management uncertainty
buffer for each allocated stock, other
than SNE cod, for all sectors for the
entirety of the 2026 fishing year.
Because removal of the buffer is
dependent on the annual determination
of the ASM coverage target and
consideration of its merit, the
determination regarding the buffer in
fishing years 2027 and beyond would be
made in a future action.
In Framework 72, the Council
recommended the removal of the
management uncertainty buffer for the
sector sub-ACL for white hake, if the
ASM coverage target is 90 percent or
higher, for each fishing year through
2030. The Council’s goal is to mitigate
the adverse economic impacts of the
ACLs for this potentially constraining
stock by increasing the sector sub-ACLs
if the ASM coverage target is high
enough to reduce uncertainty. While
this measure is moot for fishing year
2026, given this year’s 100-percent
coverage target, it is approved for the
future fishing years.
Table 6 provides the fishing year 2026
ACLs and sub-ACLs for all stocks with
the management uncertainty buffer
removed for sectors. Because the
removal of the management uncertainty
buffer for sectors is an annual decision,
tables 7–10 show the ACLs and sub-
ACLs for fishing years 2027–2030 with
the buffer left in place, and these would
be updated in a future action based on
the coverage target for that fishing year.
The removal of the management
uncertainty buffer for sectors alone is
not likely to cause the ABC or OFL to
be exceeded. The fishery remains
accountable for remaining within the
sub-ACLs allocated to it. Further, the
revised management uncertainty buffer
applies only to sectors and not to the
common pool component of the fishery
or other sub-ACLs or sub-components
for any stocks. Therefore, the
management uncertainty buffer
continues to exist for the stock’s ACL,
but the sector-specific buffer is
removed.
Sector Allocations for Fishing Year 2026
At the start of the 2026 fishing year,
NMFS allocated annual catch
entitlements (ACE) for the allocated
stocks to each sector, based on
preliminary sector rosters and the catch
limits set by prior frameworks and
default specifications for certain stocks.
This rule updates the ACE allocated to
sectors based on final sector rosters and
the catch limits approved in Framework
72, including the revised GB cod ABC,
and based on the catch limits for EGOM
cod, WGOM cod, and SNE cod set by
Amendment 25 (Revised). NMFS
calculates a sector’s allocation for each
stock by summing its members’ PSC for
the stock and then multiplying that total
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percentage by the commercial sub-ACL
for that stock. The process for allocating
ACE to sectors is more fully described
in the final rule allocating ACE to
sectors for the start of the 2026 fishing
year (91 FR 22467, April 27, 2026) and
is not repeated here. Table 11 shows the
cumulative PSC by stock for each sector
for fishing year 2026. Tables 12 and 13
show the ACEs allocated to each sector
for fishing year 2026, in thousands of
pounds and metric tons, respectively.
NMFS has included the common pool
sub-ACLs in tables 11 through 13 for
comparison. NMFS uses final
allocations, along with later adjustments
including ACE transfers, reductions for
overages, or increases for carryover,
monitor sector catch.
Common Pool Total Allowable Catches
The common pool sub-ACL for each
allocated stock (except for SNE/MA
winter flounder) is further divided into
trimester total allowable catches (TACs).
Table 14 summarizes the common pool
trimester TACs set in this action.
Incidental catch TACs are also
specified for certain stocks of concern
(i.e., stocks that are overfished or subject
to overfishing) for common pool vessels
fishing in the special management
programs (i.e., special access programs
(SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the
catch of these stocks under each
program. Tables 15 and 16 summarize
the Incidental Catch TACs for each
stock and the distribution of these TACs
to each special management program.
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BILLING CODE 3510–22–C
Recreational Management Measures
Currently, the Regional Administrator
sets recreational measures (open season,
minimum fish size, and possession
limit) for stocks that have a recreational
sub-ACL (i.e., WGOM cod, SNE cod,
and GOM haddock) after consulting
with the Council, consistent with
regulations in the FMP and the
Administrative Procedure Act. This
process has been used to set recreational
measures since 2013. Framework 72
provides for this process to be used for
the two cod stocks and one haddock
stock that do not have a recreational
sub-ACL (i.e., GB haddock, GB cod, and
EGOM cod). This administrative change
to recreational management measures
setting is expected to result in more
consistent development and
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implementation of measures across
stocks that have recreational fisheries,
even if they do not have recreational-
specific allocations. Framework 72
makes no changes to the current
recreational measures for any cod or
haddock stock.
Minor, Clarifying Regulatory Changes
Under Secretarial Authority
This rule makes minor, clarifying
changes in the regulations. Specifically,
this action revises 50 CFR
648.89(b)(2)(ii) to add a single word to
improve clarity of the text. Additionally,
this action revises § 648.82(e)(1)(i) to
remove references to the regulations
detailing differential days-at-sea
accounting that were removed in a
previous action.
Classification
The NMFS Assistant Administrator
has determined that this interim final
rule is consistent with the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
Executive Orders 12866 and 14192
This interim final rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866. This rule is not an E.O. 14192
regulatory action because this rule is not
significant under E.O. 12866.
Executive Order 13175
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) of E.O. 13175 is not required and
has not been prepared.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
the implementation of Framework 72, as
prior notice and comment would be
contrary to the public interest. The
delay caused by providing prior notice
and opportunity for public comment
would prevent affected entities from
being able to take advantage of an
overall increase in fishing capacity
during the extremely important summer
season.
The Northeast multispecies fishing
year started on May 1, 2026. Absent
implementation of this rule to adjust
Northeast multispecies catch allocations
for 2026, the fishery will continue to be
constrained to low rollover
specifications from 2025, many of
which are further reduced to 75 percent
of the 2025 specifications.
Implementing Framework 72
immediately and without prior notice
and the opportunity for public comment
is necessary to achieve optimum yield
in the northeast multispecies fishery.
The Magnuson-Stevens Fishery
Conservation and Management Act
requires conservation and management
measures to comply with ten National
Standards, the first one of which
mandates preventing overfishing while
achieving optimum yield on a
continuing basis. Thus, in the
groundfish sector fishery, catch
allocations for all Northeast
multispecies stocks are implemented
annually on the basis of the best
scientific information available. The
specifications for fishing year 2026
include the allocations for each species
adjusted by Framework 72 and the
removal of the management uncertainty
buffer for all stocks. These allocations
reflect a balance of interests consistent
with the national standards to comprise
the greatest benefit to the nation and
provide the increased fishing
opportunity to fishery participants that
is necessary for optimizing fishing
operations.
Because specifications were not
implemented at the beginning of this
fishing year, May 1, 2026, pursuant to
the Northeast multispecies fishery
management plan regulations, default
specifications were automatically
reduced to 75 percent of the previous
year’s specifications for the Northeast
multispecies stocks that did not have
previously set specifications for 2026.
Those reduced specifications remain in
place until they are replaced through
implementation of new specifications
for this fishing year or October 31,
whichever is earlier. Default
specifications are set conservatively at
only a portion of the previous fishing
year’s specifications and are intended to
be only temporary stopgap measures
until the current year’s specifications
can be implemented based on the most
recent stock assessments and updated
fishery information from preceding
years.
In addition to an overall increase in
catch allocations, this year’s
specifications also include an additional
increase in catch allocations through the
removal of the management uncertainty
buffer for sectors. The management
uncertainty buffer is not necessary in
fishing year 2026 based on the 100-
percent fishery monitoring coverage
target, as specified in 50 CFR
648.90(a)(4)(i)(B). Based on an analysis
of the catch limits in Framework 72
being implemented at the beginning of
the fishing year, sector groundfish
revenues are expected to increase up to
$1.8 million from immediate removal of
the management uncertainty buffer
alone. Until Framework 72 is in effect,
the buffers remain in place and sector
participants cannot access the benefits
from this measure.
The changes to the quotas for various
stocks for this fishing year are especially
beneficial to fishery participants, while
maintaining all the conservation goals.
This is because the current default quota
for GB haddock has been a particularly
constraining stock for the fishery, and
the new quota will increase by 103
percent compared to the fishing year
2025 allocation. Under the Sector
program, which accounts for 98 percent
of the commercial fishery’s catch, the
current default for GB haddock has been
restricting fishing operations across all
stocks because sector vessels cannot fish
in a stock area without an allocation for
every species within that stock area. A
lack of allocation for one species halts
a vessel’s fishing in that area for any
species, unless the vessel owners pay to
lease additional quota.
The restrictive GB haddock default
limits require fishermen who have
exhausted their allocation to pay for
quota today that they will be able to
otherwise access at no cost once
Framework 72’s higher GB haddock
quota is in effect. The lease payments
they are making today will generally not
be recoverable even after allocations are
increased. After the higher allocations
are implemented, a sector may want or
need to lease allocation back to another
member or sector because the original
lease was not ultimately necessary.
However, lease prices for GB haddock
and other species’ catch limits often
decrease after the implementation of
increased catch limits, so leasing back to
another member or sector would result
in a net loss of funds for the sector
member or sector. Also, if a fisherman
cannot afford to pay for additional quota
or a fisherman attempts to avoid these
higher and potentially unnecessary
costs by not fishing, they lose
opportunities to fish until after
Framework 72 is in effect. In these
cases, this in effect acts as a temporary
fishing closure for such fishermen, and
these missed fishing opportunities
cannot be replaced.
Thus, while the new specifications
include decreased catch limits, in
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addition to the limits that are being
increased, the overall impact of the
specifications provides stable and
unfluctuating catch limits at the earliest
available opportunity. While the
decreased limits could potentially
constrain some fishing activity, the
greater availability of a higher value
stock (i.e., GB haddock) means the more
constrained stocks may be limited only
to when caught in pursuit of the higher
value or more available stock. Due to GB
haddock’s value and availability, faster
implementation of this fishing year’s
specifications allows more time for
fishing under more accurate and
beneficial market conditions.
Finally, losing fishing opportunities
during the summer months redirects
some fishing effort from warmer and
generally calmer weather into colder
and more hazardous weather. This is
particularly challenging for smaller
vessels, for which summer may be the
only season in which they are able to
participate in the fishery. Also,
providing more days in a fishing year
from which a fisherman can choose to
fish generally provides a greater
potential for choosing days with safer
conditions. Implementing the 2026
fishing year quotas as soon as possible
provides certainty and the greatest
amount of time possible within this
fishing year for participation.
For these reasons, there is good cause
to waive the prior notice and
opportunity for public comment for this
rule.
For these same reasons, there is good
cause under 5 U.S.C. 553(d)(3) for the
measures in this final rule to become
effective immediately upon publication.
In addition, many of these measures
relieve a restriction, pursuant to 5
U.S.C. 553(d)(1). Most of the allocations
implemented through this rule are an
increase over the current limits and
setting the management uncertainty
buffer at zero increases the allocation for
all stocks. Therefore, the increased
specifications and removal of the
uncertainty buffer increases fishing
opportunity for industry, thereby
relieving current restrictions.
Although the rule will decrease the
catch limit for a few stocks, it would be
contrary to the public interest to
implement allocation adjustments at
different times. Implementing new catch
limits, whether increasing or decreasing,
in a piecemeal manner, would create
confusion and add to the already
ongoing difficult disruption to business
planning and quota leasing markets
arising from the current default
specifications. And because the
regulated community is expecting these
decreases, sectors are already managing
to the lower quotas. There is therefore
no advantage to the regulated
community for delaying
implementation; fishery participants do
not need to prepare to come into
compliance and will not be able to
maximize fishing opportunity for the
stocks with quotas that are decreasing.
In addition, there is potential danger of
overfishing these stocks, which could
then lead to the need for more
restrictive conservation methods in
future fishing years. Delaying the
effective date of the lower quotas
therefore offers no advantage for sector
preparation, and immediate
implementation does not disadvantage
the non-fishing industry public in any
way.
Stakeholder and industry groups have
been aware of and have participated in
the public meetings on Framework 72’s
development. Stakeholders voiced their
strong support to have Framework 72
effective without delay. Public
comments submitted in response to the
Amendment 25 (Revised) proposed rule
from industry groups, individual
fishermen, and non-governmental
organizations also urged quick
implementation of both Amendment 25
(Revised) and Framework 72.
Commenters noted that immediate
implementation of both would provide
economic and conservation benefits
while averting the adverse economic
and conservation impacts on fishery
participants, fishing communities, and
Northeast multispecies stocks that
would result if these rulemakings were
delayed. (Amendment 25 (Revised) was
implemented on June 30, 2026 (91 FR
39529)). NMFS also has received
correspondence citing a critical need for
immediately implementing the new
catch limits in Framework 72.
NMFS is inviting public comments on
this interim final rule. NMFS will
consider responding to any comments
in a subsequent final rule, if warranted.
Regulatory Flexibility Act
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Paperwork Reduction Act
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, Recordkeeping,
and reporting requirements.
Dated: July 29, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, NMFS amends 50 CFR part
648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.82, revise paragraph
(e)(1)(i) to read as follows:
§ 648.82 Effort-control program for NE
multispecies vessels.
* * * * *
(e) * * *
(1) * * *
(i) Common pool vessels. For a
common pool vessel, Category A DAS
shall accrue in 24-hr increments. For
example, a vessel that fished from 6 a.m.
to 10 p.m. would be charged 24 hr of
Category A DAS, not 16 hr; a vessel that
fished for 25 hr would be charged 48 hr
of Category A instead of 25 hr.
* * * * *
3. In § 648.89, revise paragraphs
(b)(2)(ii) and (g) to read as follows:
§ 648.89 Recreational and charter/party
vessel restrictions.
* * * * *
(b) * * *
(2) * * *
(ii) Transiting. If the minimum size
specified for cod and haddock differ
between stock areas, vessels in
possession of cod or haddock that meet
the minimum size specified for fish
caught in one stock area, as specified in
§ 648.88, may transit a different stock
area with that cod and haddock,
provided all bait and hooks are removed
from fishing rods, and any cod and
haddock on board has been gutted and
stored.
* * * * *
(g) Regional Administrator authority
for cod and haddock recreational
measures. The Regional Administrator,
after consultation with the NEFMC, may
adjust recreational measures for cod and
haddock stocks that do not have a
recreational allocation to set consistent
measures with other stock areas, as
appropriate. Appropriate measures,
including adjustments to fishing
seasons, minimum fish sizes, or
possession limits, may be implemented
in a manner consistent with the
Administrative Procedure Act, with the
final measures published in the Federal
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Register prior to the start of the fishing
year when possible. Separate measures may be implemented for the private and charter/party components of the
recreational fishery.
* * * * *
[FR Doc. 2026–15784 Filed 8–3–26; 8:45 am]
BILLING CODE 3510–22–P
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