SUPPLEMENTARY INFORMATION:

Regulations implementing the Mackerel, Squid, and Butterfish FMP appear at 50 CFR part 648, subpart B. The regulations at § 648.22 describe the specifications that must be set annually for the fisheries managed under the Mackerel, Squid, and Butterfish FMP. For the Illex squid fishery, these specifications include the Domestic Annual Harvest (DAH), which is also known as the commercial quota and represents the total amount of Illex squid that can be landed by commercial fishing vessels in a given fishing year. On July 9, 2026, NMFS published a final rule (91 FR 42360) implementing a 38,631-metric ton (mt) Illex squid DAH for fishing year 2026 (January 1-December 31, 2026).

The regulations at § 648.24(a)(2) require NMFS to close the directed Illex squid fishery in Federal waters for the remainder of the year when the Regional Administrator projects that 96 percent of the DAH is harvested. When such a closure is in effect, vessels are prohibited from fishing for, possessing, or landing more than 10,000 pounds (lb; 4,536 kilograms (kg)) of Illex squid at any time per trip, and from landing Illex squid more than once per calendar day, as specified at § 648.26(c)(2).

Based on vessel reports, dealer reports, and other available information, the Regional Administrator projected that 96 percent of the Illex squid DAH will be harvested by August 23, 2026. Therefore, effective 0001 hr local time on August 23, 2026, through 2400 hr local time on December 31, 2026, vessels may not fish for, possess, or land more than 10,000 lb (4,536 kg) of Illex squid at any time per trip, and may only land Illex squid once per calendar day. Vessels issued an Illex squid moratorium permit that enter port before 0001 hr local time on August 23, 2026, may land and sell more than 10,000 lb (4,536 kg) of Illex squid from that trip, consistent with the possession restrictions at § 648.26(c).

Also, effective 0001 hr local time on August 23, 2026, through 2400 hr local time on December 31, 2026, federally permitted dealers may not purchase, possess, or receive for a commercial purpose or attempt to purchase, possess, or receive for a commercial purpose, more than 10,000 lb (4,536 kg) of Illex squid from a vessel unless the vessel enters port before 0001 hr local time on August 23, 2026.

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act. This action is required by § 648.24(a)(2), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866.

Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest. The public had prior notice and opportunity to comment on the 2026 Illex squid DAH through the proposed rule to implement the 2026 Illex squid fishery specifications (91 FR 12545; March 16, 2026), and the closure process for the Illex squid fishery when that provision of the FMP was put in place. Further, data indicating that 96 percent of the 2026 DAH will be harvested only recently became available. High volume landings in the Illex squid fishery can lead to harvest of the DAH relatively quickly. If implementation of this action is delayed, the 2026 DAH will likely be exceeded, thereby undermining the conservation objectives of the Mackerel, Squid, and Butterfish FMP. For these reasons, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date.

Authority: 16 U.S.C. 1801 et seq.

91 FR 54247