Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan; Change to Gillnet Gear Requirements

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<title>Federal Register, Volume 91 Issue 1 (Friday, January 2, 2026)</title>
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[Federal Register Volume 91, Number 1 (Friday, January 2, 2026)]
[Rules and Regulations]
[Pages 61-66]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24203]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 251229-0188]
RIN 0648-BN37

Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Harbor Porpoise Take Reduction Plan; Change to Gillnet Gear
Requirements

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

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS is taking a deregulatory action to revise the regulations
implementing the Harbor Porpoise Take Reduction Plan (HPTRP) to ensure
the HPTRP is consistent with a gillnet gear requirement previously put
in place under the Monkfish Fishery Management Plan to reduce bycatch
of Atlantic sturgeon. This action is necessary to inform the public
about an amendment to the Harbor Porpoise Take Reduction Plan altering
the minimum twine size requirement to ensure that fishermen may use the
low-profile gillnet gear required by the Monkfish Fishery Management
Plan and also be in compliance with the Marine Mammal Protection Act
while fishing in the New Jersey Atlantic Sturgeon Bycatch Reduction
Area.

DATES: Effective on January 2, 2026. Comments on this revision to the
Harbor Porpoise Take Reduction Plan must be received by February 2,
2026.

ADDRESSES: A plain language summary of this interim final rule is
available at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0603">https://www.regulations.gov/docket/NOAA-NMFS-2025-0603</a>.
You may submit comments on this document, identified by NMFS-NOAA-2025-
0063, by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2025-0063 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: All comments received that are timely and properly
submitted are a part of the public record and will generally be posted
for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All
personal identifying information (e.g., name, address, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous). 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 us.
Copies of this action, including the environmental assessment (EA)
prepared in support of this action, as well as the EA and the
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/
IRFA) for related changes to the Monkfish Fishery Management Plan are
available via the internet at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or by
contacting Elizabeth Stratton (see FOR FURTHER INFORMATION CONTACT
below).
Several of the background documents for the Harbor Porpoise Take
Reduction Plan (HPTRP) and the take reduction planning process can also
be downloaded from the Plan website (<a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/harbor-porpoise-take-reduction-plan">https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/harbor-porpoise-take-reduction-plan</a>), including copies of the EA for this action.
Information on the analytical tools used to support the development and
analysis of the interim final regulations can be found in the EA. The
complete text of current regulations implementing the HPTRP can be
found in 50 CFR 229.33 and 229.34 or downloaded from the HPTRP's
website, along with outreach compliance guides to current regulations.

FOR FURTHER INFORMATION CONTACT: Elizabeth Stratton, Harbor Porpoise
Take Reduction Team Coordinator, (978) 281-9307 or
<a href="/cdn-cgi/l/email-protection#acc2c1cadf82cbcdde82c4dcd8ded8ecc2c3cdcd82cbc3da"><span class="__cf_email__" data-cfemail="1f7172796c31787e6d31776f6b6d6b5f71707e7e31787069">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

Due to high levels of incidental take of harbor porpoise (Phocoena
phocoena) in U.S. commercial fishing gear in the late 1980s, management
of bycatch in commercial gillnet gear of the Gulf of Maine/Bay of Fundy
(GOM/BOF) stock of harbor porpoise began with the formation of the
Harbor Porpoise Working Group. In 1994, Congress amended the Marine
Mammal Protection Act (MMPA) to include provisions governing the take
of marine mammals incidental to commercial fishing operations,
including incidental take authorization, reporting and monitoring
requirements, and development of take reduction planning. Pursuant to
section 118(f)(6)(C) of the MMPA, NMFS created the Harbor Porpoise Take
Reduction Team (Team) consisting of stakeholders representing state and
federal government agencies, the fishing industry, conservation
organizations, and researchers. The Team recommended take reduction
measures to reduce mortality and serious injury of the GOM/BOF stock of
harbor porpoise to below the stock's potential biological removal (PBR)
level. NMFS used those recommendations to propose and finalize a take
reduction plan. The first iteration of the plan, published on December
2, 1998 (63 FR 66464), was originally conceived as two separate harbor
porpoise take reduction plans, one for New England and one for the Mid-
Atlantic. These were combined into one plan in a final rule, referred
to here as the Harbor Porpoise Take Reduction Plan (HPTRP), but remain
in separate sections--50 CFR 229.33 (New England Plan) and 50 CFR
229.34 (Mid-Atlantic Plan)--in the Code of Federal Regulations.
The commercial fisheries managed under the HPTRP, the Northeast
sink gillnet fishery and the Mid-Atlantic gillnet fishery, are Category
I fisheries as listed on the MMPA List of Fisheries (89 FR 77789,
September 24, 2024). Category I fisheries are those that have frequent
incidental mortality and serious injury of marine mammals. The HPTRP
regulations in New England implemented closures and required pingers
for bycatch reduction, while the in the Mid-Atlantic, the HPTRP
regulations implemented closures and large-mesh (7-18 inches; 17.78-
45.72 cm) and small-mesh (>5 and <7 inches; >12.7 and <17.78 cm)
gillnet gear

[[Page 62]]

specifications, including requirements for floatline length, minimum
twine size, tie-down requirements, net size, nets per vessel, and nets
per string.
In 1998, the 5-year (1990-1995) review of the HPTRP estimated
annual mortality from New England and Mid-Atlantic gillnet fisheries
was 2,040 harbor porpoises, of which only 10 percent, or approximately
200 harbor porpoises, were attributed to the Mid-Atlantic region. The
goal of the HPTRP was to reduce bycatch by 79 percent (63 FR at 66464,
December 2, 1998) to bring it below PBR, which at the time was 483
harbor porpoises (62 FR 3005, January 21, 1997) across both regions.
Since the implementation of the HPTRP, harbor porpoise mortality and
serious injury incidental to U.S. commercial fisheries has fallen to
22.3 percent of PBR (now 649, Hayes et al., 2023), with the most recent
stock assessment report covering 2017-2021 estimating a mean combined
annual mortality of 145, with 131 in Northeast sink gillnet fisheries,
10 in Mid-Atlantic gillnet fisheries, and 4 in Northeast bottom trawl
fisheries (Hayes et al., 2023).
The GOM/BOF harbor porpoise stock is not listed as threatened or
endangered under the Endangered Species Act (ESA), and this stock is no
longer considered strategic under the MMPA (MMPA sec. 3(19)). As noted
above, the total annual mortality and serious injury estimate for the
GOM/BOF harbor porpoise stock in U.S. commercial fisheries is currently
well below PBR (145, 22.3 percent of PBR), with the majority of bycatch
occurring in the Northeast sink gillnet fishery and not in the Mid-
Atlantic gillnet fishery, the subject of this modification.
The change to the HPTRP in this rule is a necessary deregulatory
action to comport with changes to regulations under the Monkfish
Fishery Management Plan (FMP) implemented to protect ESA-listed
Atlantic sturgeon. NMFS issued a Biological Opinion on May 27, 2021,
that considered the effects of authorizing two interstate fishery
management plans (ISFMP) and eight Federal FMPs, including the Monkfish
and Spiny Dogfish FMPs, on ESA-listed species and designated critical
habitat. The Biological Opinion determined that NMFS's authorization of
the eight FMPs and two ISFMPs may adversely affect, but was not likely
to jeopardize, threatened (Gulf of Maine) and endangered (New York
Bight, Chesapeake Bay Carolina, and Southern Atlantic) distinct
population segments (DPS) of Atlantic sturgeon. The Biological Opinion
included an Incidental Take Statement and Reasonable and Prudent
Measures (RPM) with accompanying Terms and Conditions to minimize the
impacts of incidental take of Atlantic sturgeon. The RPMs required that
NMFS convene a working group to review all of the available information
on Atlantic sturgeon bycatch in the federally-permitted large-mesh
gillnet fisheries and, by May 27, 2022, develop an Action Plan to
reduce Atlantic sturgeon bycatch (Sturgeon Action Plan) in these
fisheries by 2024.
NMFS initially issued the Sturgeon Action Plan on May 26, 2022, and
revised it on September 26, 2022, incorporating feedback from both the
New England and Mid-Atlantic Fishery Management Councils (Councils) and
members of the public. The Councils subsequently developed and approved
a joint framework action--Framework Adjustment 15 to the Monkfish FMP
and Framework Adjustment 6 to the Dogfish FMP--to address the
recommendations of the Sturgeon Action Plan and fulfill the
requirements of the Biological Opinion.
The final rule to implement the Sturgeon Action Plan was published
on December 18, 2024 (89 FR 102834) and contains area-based gear
requirements and overnight soak prohibitions for vessels fishing with
gillnets in the monkfish and spiny dogfish fisheries to reduce bycatch
of Atlantic sturgeon. The Sturgeon Action Plan's requirements for
vessels fishing for spiny dogfish involve overnight soak prohibitions
and are not relevant to this rule. The Sturgeon Action Plan's gear
requirements are a suite of characteristics that together are defined
as ``low-profile gillnet gear'' (50 CFR 648.2) and are required by
vessels fishing under federally permitted monkfish days-at-sea within
the New Jersey Atlantic Sturgeon Bycatch Reduction Area (New Jersey
Polygon or NJP, defined in 50 CFR 648.91(d)) beginning on January 1,
2026. However, characteristics of the low-profile gillnet gear are
inconsistent with one of the current measures, twine size, in the HPTRP
in the Mid-Atlantic.
The NJP in the Sturgeon Action Plan is wholly encompassed by
management areas designated in the HPTRP, identified specifically as
the Waters off New Jersey Management Area (WNJMA, see figure 1). The
WNJMA also contains within it two smaller HPTRP management areas,
identified as Mudhole North and Mudhole South, that have the same gear
modification requirements, but with different closure dates in the same
January to April timeframe; they are parts of the WNJMA, and any change
to the WNJMA applies to both Mudholes. The HPTRP requires gillnets in
the WNJMA to employ specific gear modifications intended to reduce
harbor porpoise bycatch, including a minimum twine diameter of 0.9
millimeters (mm) from January 1 to March 31 and from April 21 to April
30 in all large mesh (7-18 inches; 17.78-45.72 cm) gillnet gear. The
HPTRP minimum twine size requirement of 0.9 mm in the Mid-Atlantic
conflicts with the new definition in the Monkfish FMP of ``low-profile
gillnet gear,'' which includes a twine size requirement of 0.81 mm.

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[GRAPHIC] [TIFF OMITTED] TR02JA26.002

This discrepancy between requirements in the Monkfish FMP and the
HPTRP prompted a review of the current HPTRP gear restrictions and
history.
When the HPTRP was implemented in 1998, the Mid-Atlantic coastal
gillnet fishery consisted of both local Mid-Atlantic vessels and New
England vessels that fished in Mid-Atlantic waters during the winter
months. The New England vessels fishing in the Mid-Atlantic region used
a finer twine size \1\ and more nets per string than the local Mid-
Atlantic vessels. Data indicated that the fine twine gear used by New
England vessels was associated with a higher level of harbor porpoise
bycatch than the gear used by local fishermen in the Mid-Atlantic. For
that reason, the HPTRP employed gear modifications to reflect locally
prevailing practices in the Mid-Atlantic (63 FR 48670, September 11,
1998). Among those requirements was a 0.9-mm minimum twine size for
large-mesh (7-18 inches; 17.78-45.72 cm) gillnets, which had lower
harbor porpoise bycatch than hauls targeting monkfish using smaller
twine sizes (Palka 1997). The HPTRP also set a 0.81-minimum twine size
for small-mesh (>5 and <7 inch; >12.7 and <17.78 cm) gillnets in the
Mid-Atlantic. Because none of the gear characteristics alone were
strongly correlated with reduced bycatch, the HPTRP combined a number
of measures to achieve the bycatch reduction goal in the Mid-Atlantic;
however, smaller twine size (such as 0.62 mm and 0.66 mm) and floatline
length appeared to be the predominant gear characteristics correlated
with harbor porpoise bycatch in the Mid-Atlantic.
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\1\ Reported twine size in monkfish hauls with harbor porpoise
bycatch were: 0.57mm (3 takes), 0.62 mm (6 takes), 0.66 mm (4
takes), 0.71 mm (1 take), 0.81 mm (1 take), and 0.90 mm (1 take)
(Palka 1997).
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As noted above, when the minimum twine size requirement for large-
mesh gillnet gear was established in the HPTRP in 1998, there were not
enough data to distinguish the effect of twine size as opposed to other
factors like soak time and floatline length, on harbor porpoise
bycatch. Now, 27 years after the rule was implemented, we still expect
that a combination of factors influence the rate of bycatch of harbor
porpoise in gillnet gear; the role that twine size plays in affecting
harbor porpoise bycatch rates remains unclear. Currently, there is a
low rate of observer coverage in mid-Atlantic gillnet fisheries,\2\ and
observed bycatch has been very low in the Mid-Atlantic region in recent
years, with a mean combined annual mortality of 10 from 2017 through
2021 (Hayes et al., 2023). In addition, 0.81-mm twine in large mesh
gear has not been observed since 2016, and was rare before that, so
there are few data for comparison. Finally, there are fewer harbor
porpoises present in the Mid-Atlantic from January to May due to
changes in habitat use. Given all of these constraints, there is some
uncertainty in how this small change (0.9 mm to 0.81 mm, a change of
only

[[Page 64]]

0.09 mm) in twine size may affect harbor porpoise bycatch.
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\2\ From 2015 through 2022, observer coverage in Mid-Atlantic
gillnet fisheries ranged from 1 to 13 percent (Precoda 2024; Precoda
and Orphanides 2022).
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Analysis of the available data indicates that the combinations of
gear configurations and environmental variables, along with relatively
low bycatch rates, will show a barely perceptible effect in the data,
if there is one, as a result of this twine size change. Scientists have
noted that it could take several years of observation to see any effect
of this small change in minimum twine size (Precoda et al., 2025).
In June 2024, NMFS convened the Team to monitor implementation of
the HPTRP and that meeting was open to the public. At that meeting, the
Team discussed the changes to the Monkfish FMP, and did not voice any
concerns about NMFS modifying the HPTRP. Members of the Team also
supported changing the minimum twine size to 0.81 mm throughout the
HPTRP regulated areas in the Mid-Atlantic to minimize the burden on
fishermen who might have to otherwise change their nets when fishing
outside the NJP. This rule therefore modifies the minimum required
twine size for large-mesh gillnet gear in all HPTRP management areas in
the Mid-Atlantic, so that fishermen will not have to maintain two sets
of gear.
A technical memo summarizing the information presented to the Team
was published after the meeting (Precoda et al., 2025). The memo used
historical observer gillnet data from waters including and extending
beyond the NJP and developed two generalized additive models, with
different definitions for bycatch, using different data sets to
evaluate the potential impact on harbor porpoise bycatch of this change
to a minimum 0.81-mm diameter twine in the HPTRP management areas in
the Mid-Atlantic (Precoda et al., 2025). The analysis showed that the
statistically significant factors affecting harbor porpoise bycatch
included year, soak duration, longitude, and combinations of twine size
and soak duration or twine size and month, but twine size on its own
was not significant (Precoda et al., 2025). After accounting for these
other influential factors, statistical models showed that harbor
porpoise bycatch in 12-inch (30.48-cm) mesh gillnets observed during
1994-2022 with 0.81-mm twine size tended to be higher than in gillnets
with 0.9-mm twine size, though that difference was larger before 2005
than in the more recent 2012-2022 timeframe. There is no evidence that
changing twine size from 0.9 mm to 0.81 mm would, on its own, produce a
large impact on harbor porpoise bycatch, such that the levels of harbor
porpoise bycatch in the Mid-Atlantic gillnet fishery would meaningfully
change from current levels (Precoda et al., 2025).

Summary of Change to the Harbor Porpoise Take Reduction Plan

This interim final rule amends the gillnet gear modification
requirements in Sec. 229.34, the Mid-Atlantic portion of the HPTRP, to
reduce the minimum allowable twine size diameter for nets with a mesh
size of greater than 7 inches (17.78 cm) to a diameter of 0.81 mm from
the current minimum allowable twine size diameter of 0.9 mm. This
deregulatory amendment would not require fishermen to make any changes
to their gear but would allow fishermen who use the low-profile gillnet
gear required by the Monkfish FMP to also be in compliance with the
MMPA while fishing in the NJP. In order to provide fishermen fishing in
the NJP with maximum flexibility, the change in the minimum twine size
requirement will apply to all the managed areas of the HPTRP within the
Mid-Atlantic, as suggested by a member of the Team. This suggestion was
supported by several others, and no Team member voiced an objection.
This action does not require fishermen to change their gear, and
therefore does not impose an economic impact. The economic impact to
fishermen of the new low-profile gillnet gear requirements, including a
change to the 0.81-mm twine size, within the NJP is thoroughly
discussed in the EA for the Joint Framework Action to Reduce Sturgeon
Bycatch in Monkfish and Spiny Dogfish Fisheries available on our
website (<a href="https://www.fisheries.noaa.gov/action/framework-adjustment-15-monkfish-fishery-management-plan-framework-adjustment-6-spiny">https://www.fisheries.noaa.gov/action/framework-adjustment-15-monkfish-fishery-management-plan-framework-adjustment-6-spiny</a>).
For fishermen who do not fish in the NJP, the change to the HPTRP
to allow a slightly smaller minimum twine size is not expected to have
any negative economic effects. The Monkfish FMP modifications and this
rule do not impose any new requirements on fishermen fishing outside
the NJP. This action allows additional flexibility by increasing the
range of twine sizes fishermen may use in a broader area, so that
fishermen do not need to modify gear when moving outside of the NJP in
order to remain in compliance with the HPTRP.
While the rule will not impose an economic impact, taking no action
would have economic consequences. If no action is taken to modify the
minimum twine size requirements in the HPTRP, federally permitted
monkfish fishermen currently fishing in the NJP, which is within the
HPTRP's WNJMA, would be unable to comply with the conflicting
regulations between January and April, effectively rendering the NJP as
a closed area. Based on 2021 through 2024 Catch Accounting and
Monitoring System (CAMS) data from the NMFS Greater Atlantic Regional
Fisheries Office (GARFO), an average of nine federally permitted
monkfish vessels fishing large-mesh fixed-gear gillnet operated in the
NJP between January and April each year. On average, these vessels
collectively generated $156,640 (in 2024 dollars) in revenue from the
NJP during these four months. Additional economic impacts of taking no
action would depend on how fishermen respond to the regulatory
environment. Some fishermen may choose to modify their gear in
accordance with the Monkfish FMP. By doing so, they would be excluded
from fishing within the HPTRP's WNJMA from January to April. Based on
2021-2024 GARFO CAMS data, an average of 12 federally permitted
monkfish vessels fishing large-mesh fixed-gear gillnet operated in the
WNJMA during those months each year. On average, these vessels
collectively generated $279,174 (in 2024 dollars) in revenue from the
WNJMA during these four months. However, it is unlikely all vessels
would make the same gear modification decision. The economic impacts
would likely be a portion of this value, depending on the number and
revenues of vessels undertaking the modification to gain access to the
NJP during May through December.
Alternatively, fishermen could decide not to alter their gear and
remain in compliance with the existing HPTRP. If so, fishermen would be
functionally excluded from the NJP for the duration of the year. Based
on 2021-2024 GARFO CAMS data, an average of 14 federally permitted
monkfish vessels fishing large-mesh fixed-gear gillnet operated in the
NJP. On average, these vessels collectively generated $427,863 (in 2024
dollars) in revenue from the NJP. However, it is unlikely all vessels
would make the same gear modification decision. The economic impacts of
this possibility would be a portion of this value, depending on the
number and revenues of vessels who do not change their gear to maintain
unrestricted access to the WNJMA. While there are areas outside of the
NJP where federal monkfish gear is currently fished, fishermen would
potentially have to displace gear upwards of 20 additional miles (32
kilometers) from shore,

[[Page 65]]

affecting the time at sea and fuel costs (Miller et al., 2024a, Miller
et al., 2024b). For more details on the economic analyses and
underlying assumptions, please see section 6.7 in the associated EA for
this action, as well as sections 5.5, 6.6, and 7.1 of the Joint
Framework Action to Reduce Sturgeon Bycatch in Monkfish and Spiny
Dogfish Fisheries EA (NEFMC and MAFMC 2024).
This modification of the HPTRP exercises NMFS' discretion and
authority under the MMPA and is needed to provide consistency of MMPA
regulations with Framework Adjustment 15 to the Monkfish FMP and
Framework Adjustment 6 to the Spiny Dogfish FMP (89 FR 65576, August
12, 2024), which are intended to minimize bycatch of Atlantic sturgeon,
including distinct population segments listed as threatened or
endangered under the ESA. The rule will continue to reduce mortality
and serious injury of harbor porpoise through the gear modifications
and closures in place, congruent with the MMPA section 118 short-term
goal of remaining below PBR, and is not expected to affect the
trajectory with respect to the long-term goal of the Plan of achieving
a zero mortality and serious injury rate.

Classification

The NMFS Assistant Administrator has determined that the rule is
consistent with the HPTRP, with the rulemaking authority under MMPA
section 118(f), and with other applicable laws.

Executive Order 12866 and Executive Order 14192

This rule has been determined to be not significant for purposes of
Executive Order 12866. The rule is considered an Executive Order 14192
deregulatory action.

Administrative Procedure Act

In promulgating this change to the HPTRP, we find that there is
good cause to waive prior notice and an opportunity for public comment
otherwise required pursuant to 5 U.S.C. section 553 because notice and
comment would be contrary to public interest (5 U.S.C. 553(b)(B)). In
addition, there is an exigent need to implement this action to relieve
restrictions on the regulated community and mitigate economic harm
caused by an unintended closure of the New Jersey Atlantic Sturgeon
Bycatch Reduction Area (NJP) to fishing as a result of conflicting
regulations. In order to immediately relieve this restriction, this
rule is effective upon publication pursuant to 5 U.S.C. 553 (d)(1).
Specifically, beginning January 1, 2026, Framework Adjustment 15 to the
Monkfish Fishery Management Plan (FMP) requires federally permitted
monkfish vessels, fishing in the NJP, to use 0.81-mm twine size while
the existing HPTRP regulations require a minimum twine size of 0.9 mm
in the same area from January through April each year.
An average of nine federally permitted monkfish vessels fishing
large-mesh fixed-gear gillnet operate in the NJP between January and
April each year (the time and area that would be subject to closure),
collectively generating approximately $156,640 (in 2024 dollars) in
revenue during these four months and accounting for approximately 15
percent of the annual monkfish effort in the Waters off New Jersey
Management Area. Any delay in amending the HPTRP to harmonize with the
Monkfish FMP requirement will result in substantial economic impacts to
these small fishing businesses and businesses that depend on them.
In addition, the public has had ample opportunity to comment on the
Monkfish FMP 0.81 mm twine size requirement. There were approximately
20 public meetings with opportunities for public comment related to
Monkfish Framework Adjustment 15 (see Table 50 in the Environmental
Assessment for the Joint Framework Action to Reduce Sturgeon Bycatch in
Monkfish and Spiny Dogfish Fisheries). In addition, the proposed rule
for Monkfish Framework Adjustment 15, which was published on August 12,
2024 (89 FR 65576), was open for a 30-day public comment period. During
the public comment period, NMFS received no comments on this change as
it related to harbor porpoise take.\3\ NMFS also notified, via email,
all members of GARFO's Marine Mammal/Endangered Species and general
interest email lists (10,149 recipients) about a Harbor Porpoise Take
Reduction Team meeting on June 28, 2024, where the proposal to change
the HPTRP to a minimum 0.81-mm twine size in the Mid-Atlantic region
would be discussed. In addition, NMFS posted information about the
meeting on its website, including a registration link for non-Team
members to observe the meeting. At that meeting, the Harbor Porpoise
Take Reduction Team received a briefing and asked questions about the
Monkfish Framework Adjustment 15 low-profile gear requirement
(including the 0.81-mm twine size) and Team members voiced no concerns
about NMFS modifying the HPTRP to avoid this conflict in regulations.
Members of the Team also supported changing the minimum twine size to
0.81 mm throughout the HPTRP's Mid-Atlantic regulated areas to minimize
the burden on fishermen who might have to otherwise change their nets
when fishing outside the NJP. Members of the public in attendance were
invited to email any additional comments to the Harbor Porpoise Take
Reduction Team coordinator. No comments were submitted.
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\3\ The only comment that mentioned the Mid-Atlantic Plan raised
concerns that the change to the minimum twine size regulation in the
Mid-Atlantic Plan would not be in place by January 1, 2026, and
would result in an inadvertent fishery closure that would incur
negative economic impacts to the fishery (89 FR at 102836).
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This rule relieves a restriction by removing a conflict between the
Monkfish FMP and the HPTRP and will allow fishermen to continue fishing
without interruption. By changing the minimum twine size required in
large-mesh gillnets in the existing HPTRP management areas in the Mid-
Atlantic to a minimum diameter of 0.81 mm rather than a minimum of 0.9
mm, this regulation does not require fishermen to make any changes.
Federally permitted monkfish vessels will have changed their gear to be
consistent with the Monkfish FMP requirements. This rule allows
fishermen to be in compliance with both the HPTRP and the Monkfish
FMP's requirement to use low-profile gear (with a twine size of 0.81
mm) when fishing in the NJP, does not require fishermen who fish
outside of the NJP to make any changes, and also allows fishermen who
fish both inside and outside of the NJP to maintain the gear of their
choosing. Vessels need the immediate implementation of this measure to
authorize them to continue fishing in the areas and times of year they
have been fishing, and will continue to fish in accordance with the new
gear requirements implemented by the Monkfish FMP beginning January 1,
2026. It is in the public interest that commercial fishing vessels and
the businesses that depend on them avoid the economic impacts of the
unintended closure that will result if this rule is delayed.

National Environmental Policy Act

An Environmental Assessment has been prepared, analyzing the
impacts on the human environment that would result from this interim
final rule and NMFS has determined that this interim final rule will
not have significant environmental impacts upon implementation of the
action. Upon consideration of any comments received on this interim
final rule, NMFS may

[[Page 66]]

publish a subsequent rule confirming, modifying, or withdrawing this
interim final rule.

Paperwork Reduction Act

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

Regulatory Flexibility Act

Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.

References

Hayes, S.H., E. Josephson, K. Maze-Foley, J. McCordic, P.E.
Rosel, and J. Wallace. 2023. U.S. Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments 2022. Northeast Fisheries Science Center,
Woods Hole, MA.
Miller, A., L. Solinger, B. Shank, A. Huamani, M. Duffing
Romero, M. Asaro, C. Franco, M. Trego. 2024a. A decision support
tool to assess risk of entanglement mortality to large whales from
commercial fixed-gear fisheries in the Northwest Atlantic. U.S. Dept
Commer Northeast Fish Sci Cent Tech Memo 312. 102 p.
Miller, A.S., L.K. Solinger, B. Shank, A. Huamani and M. J.
Asaro. 2024b. Gearing Up:
Methods for Quantifying gear density for fixed-gear commercial
fisheries in the U.S.
Atlantic. Canadian Journal of Fisheries and Aquatic Sciences.
82: 1-15.
NEFMC and MAFMC. 2024. Environmental Assessment of the Joint
Framework Action to Reduce Sturgeon Bycatch in Monkfish and Spiny
Dogfish Fisheries: Monkfish Framework Adjustment 15 and Spiny
Dogfish Framework Adjustment 6. October 22, 2024. 248 pp.
Palka, D. 1997. Effects of Gear Characteristics on the Mid-
Atlantic Harbor Porpoise Bycatch. Report to the Mid-Atlantic Take
Reduction Team. Unpublished.
Precoda, K., S. Chavez-Rosales, and D. Palka. 2025.
Investigating gillnet twine size and Mid-Atlantic harbor porpoise
bycatch. Northeast Fisheries Science Center Reference Document 25-
03. 24 pp.

List of Subjects in 50 CFR Part 229

Administrative practice and procedure, Confidential business
information, Fisheries, Marine mammals, Reporting and recordkeeping
requirements.

Dated: December 30, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 229 is amended
as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE
MAMMAL PROTECTION ACT OF 1972

0
1. The authority citation for 50 CFR part 229 continues to read as
follows:

Authority: 16 U.S.C. 1361 et seq.; Sec. 229.32(f) also issued
under 16 U.S.C. 1531 et seq.

0
2. Amend Sec. 229.34 by revising paragraphs (b)(1)(ii)(B),
(b)(2)(ii)(B), (b)(3)(ii)(B), and (b)(4)(ii)(B) to read as follows:

Sec. 229.34 Harbor Porpoise Take Reduction Plan Regulations--Mid-
Atlantic.

* * * * *
(b) * * *
(1) * * *
(ii) * * *
(B) Twine size. The twine is at least 0.81 mm in diameter.
* * * * *
(2) * * *
(ii) * * *
(B) Twine size. The twine is at least 0.81 mm in diameter.
* * * * *
(3) * * *
(ii) * * *
(B) Twine size. The twine is at least 0.81 mm in diameter.
* * * * *
(4) * * *
(ii) * * *
(B) Twine size. The twine is at least 0.81 mm in diameter.
* * * * *

[FR Doc. 2025-24203 Filed 12-31-25; 8:45 am]
BILLING CODE 3510-22-P

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Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan; Change to Gillnet Gear Requirements

Federal Register Citation

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