Tilefish fisheries 2026 proposed rule

Content

ACTION:

Proposed rule; request for comments.

SUMMARY:

In this action, NMFS proposes specifications for the 2026 fishing year for the golden tilefish and blueline tilefish fisheries
north of the North Carolina/Virginia border. The proposed 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:

Comments must be received by April 14, 2026.

ADDRESSES:

You may submit comments on this document, identified by NOAA-NMFS-2026-0430, by any of the following methods:

• Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2026-0430 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach
your comments.

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 by NMFS. 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. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain
anonymous).

Copies of the supporting documents for these proposed 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: https://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT:

Matthew Rigdon, matthew.rigdon@noaa.gov, 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 (Mid-Atlantic 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 Mid-Atlantic Council's Scientific and Statistical Committee (SSC) provides ABC recommendations for both
species to the Council to derive these catch limits. The Mid-Atlantic Council makes recommendations to NMFS that may not exceed
the SSC's ABC recommendation. The Mid-Atlantic 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
.

Proposed Specifications

Blueline Tilefish

Consistent with recommendations made by the Mid-Atlantic Council, this action proposes specifications for blueline tilefish
for fishing year 2026 that would 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.

The proposed specifications are consistent with recommendations of the

  Mid-Atlantic Council and are based upon the recent blueline tilefish assessment (Southeast Data, Assessment, and Review; SEDAR
  92) completed by the Southeast Fisheries Science Center in March 2025. The SEDAR 92 assessment updated the analysis used in
  the prior blueline tilefish assessment (SEDAR 50) using data through 2023. In both assessments, the stock, which ranges across
  the eastern seaboard, was split at Cape Hatteras, North Carolina. A Data-Limited Model (DLM) Toolkit was used to estimate
  a TAL for the region north of Cape Hatteras. This includes a portion of the blueline tilefish stock managed by the South Atlantic
  Fishery Management Council (South Atlantic Council), in addition to the full management unit managed by the Mid-Atlantic Council.
  A joint subgroup of both Councils' SSCs met to review the SEDAR 92 results and recommend apportionment of the ABC between
  the two management jurisdictions. Specifically, the subgroup was to apportion the ABC for the stock north of the Virginia/North
  Carolina border for management by the Mid-Atlantic Council, and an ABC for the stock south of that border for management by
  the South Atlantic Council.

The joint SSC subgroup recommended that the ABC for the blueline tilefish stock north of Cape Hatteras be set at 646,000 pounds
(lb) (293.0 metric tons (mt)). Then, the joint subgroup utilized recent information collected from the fishery independent
South Atlantic Deepwater Longline (SADL) survey in order to apportion the ABC across the Mid-Atlantic management unit and
the South Atlantic management unit. The subgroup noted that the SADL survey has had more success recently in catching blueline
tilefish (1,081 fish total across the 2023 and 2024 surveys) compared to the 2017 pilot survey (75 fish), which was used for
apportionment in SEDAR 50. The joint subgroup apportioned 70 percent of the ABC to the Mid-Atlantic, which represents a 14-percent
increase to the Mid-Atlantic apportionment relative to the prior assessment. Based on this apportionment, the proposed specifications
include an ABC of 452,200 lb (205.1 mt) for blueline tilefish in the Mid-Atlantic management unit for fishing year 2026. This
ABC would be an increase of approximately 350 percent compared to fishing year 2025.

The higher ABC primarily reflects the incorporation of updated catch information and life history parameters into the most
recent DLM Toolkit that was used in the SEDAR 92 process. Updates were made to commercial discard and private recreational
catch data. This updated information included much higher estimates for historical catch in the blueline tilefish fishery
than were used in prior assessments. The new assessment reflects best available science, and the resulting increase to the
ABC is primarily the result of the higher historical catch used in the model and not an indication of a large increase in
the biomass of blueline tilefish. There are no changes being proposed to management measures for the commercial or recreational
blueline tilefish fisheries. In the commercial fishery, which is allocated 27 percent of the ABC, the per-trip possession
limit will continue to constrain fishing effort similar to prior years. In the recreational fishery, which is allocated 73
percent of the ABC, the season length and bag limits will remain unchanged. As a result, we do not expect a significant change
in fishing effort in either the commercial or recreational fisheries.

Preliminary analysis indicates commercial landings exceeded the 2025 ACL by 617 lb (0.3 mt). The regulations require an overage
to be deducted in the following year. The resulting proposed specifications recommended are summarized in table 1.

| Specification | 2025 | Proposed 2026 |
| --- | --- | --- |
| ABC—North of NC/VA line | 100,520 lb (45.6 mt) | 452,200 lb (205.1 mt). |
| Recreational ACL | 73,380 lb (33.3 mt) | 330,106 lb (149.7 mt). |
| Recreational TAL | 71,912 lb (32.6 mt) | 323,504 lb (146.7 mt). |
| Commercial ACL | 27,140 lb (12.3 mt) | 122,094 lb (55.4 mt). |
| Commercial Overage Adjustment | −5,975 lb (2.7 mt) | −617 lb (0.3 mt). |
| Adjusted Commercial ACL | 21,165 lb (9.6 mt) | 121,477 lb (55.1 mt). |
| Commercial TAL | 20,894 lb (9.5 mt) | 109,330 lb (49.6 mt). |

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 Mid-Atlantic Council recommendations (90 FR 14350). Public
comment on the proposed specifications was 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 that would require altering the
projected 2026 specifications. Therefore, we are proposing 2026 golden tilefish specifications as previously projected, outlined
in table 2.

| Specification | 2026 |
| --- | --- |
| 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). |
This action would not change the landing limits for non-IFQ commercial fisheries. A vessel fishing under a non-IFQ Federal
commercial tilefish vessel permit would 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 would 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 would not change the recreational management measures for golden or blueline tilefish. The golden tilefish recreational
fishery would continue to be open year-round, and the bag limit would remain 8-fish per person per trip for all vessel types.
The blueline tilefish recreational measures would continue to include an open season from May 15 through November 14 and bag
limits that vary by vessel type. Private recreational vessels would continue to have a 3-fish limit per person per trip. For-hire
vessels which have not been issued a valid U.S. Coast Guard Certification of inspection would continue to have a 5-fish limit
per person per trip. For-hire vessels which have been issued a valid U.S. Coast Guard Certification of Inspection would continue
to have a 7-fish limit per person per trip. 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 NMFS.GAR.Permits@noaa.gov.

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.

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 304(b) (50 CFR 648.292). As such, NMFS is issuing this rule pursuant to section
305(d). The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tilefish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

The Magnuson-Stevens Act requires publication of proposed regulations in the
Federal Register
with a public comment period of 15 to 60 days. NMFS finds that a 15-day comment period for this action provides a reasonable
opportunity for public participation in this action pursuant to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)),
while also ensuring that the final specifications are in place as close as possible to the start of the fishing year that
began on January 1, 2026. 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 their development
over the past year. A longer comment period would be contrary to the public interest, as it could delay this rulemaking further
into the 2026 fishing year, increasing confusion in the tilefish industry around current quotas. The proposed specifications
for the golden tilefish fishery are unchanged from what was projected when the 2025 specifications were announced. The proposed
blueline tilefish specifications include an increase in TAL compared to prior fishing years. However, that increase is based
on higher estimates of historical catch that occurred under the existing management measures. No changes to management measures
are being proposed, and therefore, no significant changes to fishing effort are expected. Additionally, we do not expect this
large increase to lead to significant increases in fishing effort, nor overfishing, because the specifications are based on
the new stock assessment, which informs us of appropriate levels of catch which would not cause overfishing. We do not expect
fishing effort to significantly change because the updated stock assessment model incorporated new historical catch information
and other input parameters based on newer and best scientific information available. Those updated numbers for historical
catch are what caused the assessment model to output larger allowable catch. In other words, the prior stock assessment and
associated specifications underestimated the amount of fish being caught, and this updated model provides a clearer picture
of what has already been happening.

This action is exempt from review under Executive Order 12866.

This proposed rule is exempt from Executive Order 14192 because this rule is not significant under Executive Order 12866.

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of
small entities. The basis for the certification follows.

For Regulatory Flexibility Act (RFA) purposes, NOAA's National Marine Fisheries Service has established a size standard for
small businesses, including their affiliated operations, whose primary industry is commercial fishing (50 CFR 200.2). A business
primarily engaged in commercial fishing (North American Industry Classification System (NAICS) code 11411) is classified as
small if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and
has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The Small Business
Administration has established size standards for all other major industry sectors in the United

  States, including defining for-hire fishing firms (NAICS code 487210) as small when their receipts are less than or equal
  to $8 million.

According to the ownership database, 722 affiliate commercial fishing firms landed blueline tilefish during the 2020-2024
period, with 713 of those business affiliates categorized as small businesses and 9 categorized as large businesses. During
this period, 426 primarily for-hire affiliates were identified as potentially affected by this action because they possessed
a Federal party/charter permit for tilefish during the 2020-2024 period. All 426 of these for-hire affiliates were categorized
as small businesses.

The proposed specifications would result in increased commercial and recreational total allowable landings (TAL) for blueline
tilefish. These measures are expected to create some additional opportunities for revenue due to the increased allowable catch
being less likely to be fully harvested and forcing the commercial fishery to close early. The increased TAL would allow commercial
vessels to either target blueline tilefish or to retain incidental catches of blueline tilefish while targeting other species,
during a portion of the year when the fishery has been closed in the past. Significant increases in fishing effort are not
expected, as the higher TALs are largely driven by updated catch information used in the most recent stock assessment and
not by changes in total biomass of the stock. No changes to management measures are being proposed, and those measures would
continue to constrain both the commercial and recreational fishery participants. No negative economic impacts are expected
as a result of the proposed specifications, and if anything, the increased TALs could provide a small economic benefit to
fishery participants. Therefore, this action will not have a significant economic impact on a substantial number of small
entities.

The proposed specifications for golden tilefish are status quo, and no changes are proposed for fishing year 2026. Impacts
to small businesses in the golden tilefish fishery were analyzed during the proposed rulemaking announcing the proposed 2025
specifications for blueline and golden tilefish, and projected 2026-2027 specifications for golden tilefish (90 FR 14350;
April 1, 2025) and it was determined that the proposed specifications for golden tilefish for fishing years 2025-2027 would
not have a significant economic impact on a substantial number of small entities. The Chief Counsel for Regulation of the
Department of Commerce certified that conclusion for the 2025 specifications to the Chief Counsel for Advocacy of the Small
Business Administration. The factual basis for that determination was published in that proposed rule (90 FR 14350; April
1, 2025) and is not repeated here.

As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995.

Authority:

16 U.S.C. 1801 et seq.

Dated: March 25, 2026. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2026-06102 Filed 3-27-26; 8:45 am] BILLING CODE 3510-22-P

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