2026-16621Proposed RuleWallet

Commerce's Rulemaking To-Do List Drops, Zzz

Published Date: 8/14/2026

Proposed Rule

Summary

In compliance with Executive Order 12866, entitled "Regulatory Planning and Review," and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce) publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to pre-rulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the publication of the Spring 2025 Unified Agenda. The purpose of the Agenda is to provide information to the public on regulations that are currently under review, being proposed, or recently issued by Commerce. It is expected that this information will enable the public to participate more effectively in Commerce's regulatory process. Commerce's 2026 Unified Agenda includes regulatory activities that are expected to be conducted during the period November 1, 2025, through October 31, 2026.

Analyzed Economic Effects

11 provisions identified: 5 benefits, 1 costs, 5 mixed.

2025-2027 Catch Limits and TACs Set

The Northeast Multispecies Fishery Management Plan (Framework 69) would update status criteria and set total allowable catches (TAC) for fishing year 2025-2026 and set annual specifications for fishing years 2025-2027 for multiple groundfish stocks. These actions directly affect commercial fishermen who rely on these TACs for 2025-2027 fishing seasons.

Shark Quotas and Management Changes

Amendment 16 to the Atlantic Highly Migratory Species plan would modify acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and change how carryover of underharvests is handled, affecting bottom longline, gillnet, and pelagic longline fisheries across the Atlantic, Gulf of Mexico, and Caribbean Sea.

Changes to Blacknose & Shark Fisheries Rules

Proposed revisions could remove the Atlantic blacknose shark management boundary, change commercial retention limits, revise recreational minimum sizes, and change bag limits for some Atlantic shark species. In 2021, ex-vessel revenues for the entire Atlantic shark fishery were about $2.6 million.

2026 Tuna and Swordfish Quota Adjustments

NMFS would temporarily adjust baseline quotas for North Atlantic albacore, North and South Atlantic swordfish, and Atlantic bluefin tuna for 2026 based on 2025 harvest levels and may implement quota modifications approved by ICCAT. These temporary quota adjustments affect the 2026 fishing opportunities for those fisheries.

Permit Renewal Rules for Swordfish & Shark Permits

NMFS is proposing changes to allow modification of the current rule that prevents renewal of swordfish and shark limited access permits if not renewed within one year of expiration. The change aims to address a significant decrease in the number of valid permits since 1999.

Limit Gear Switching When Sablefish ACL Low

The West Coast groundfish program may limit gear switching by issuing gear-specific quota pounds for northern sablefish in years when the northern sablefish annual catch limit (ACL) is below 6,000 metric tons. This is meant to stabilize trawl fishery access when sablefish abundance is relatively low.

Cordell Bank Area Reopened to Fishing

NMFS proposes to open approximately 40 square miles of historically important fishing grounds in the Cordell Bank area off central California while creating a new Groundfish Exclusion Area to protect sensitive habitat. This would result in a net opening of about 40 square miles to California fishermen.

New Single Non-Trawl Permit & Cost Recovery

The West Coast limited entry fixed gear (LEFG) actions would create a single limited entry non-trawl endorsed permit to allow any legal non-trawl groundfish gear (except entangling nets), remove the base permit designation, remove daily start/end times for sablefish season dates, and develop a cost recovery program for the LEFG tier program.

More Reporting for Seafood Importers

If you import seafood into the U.S., NOAA may change import permitting, reporting, and recordkeeping rules. NOAA says importers may face increased reporting and recordkeeping requirements but estimates the economic impact will be small because documentation is already completed and transmitted through the supply chain.

Remove Indicator-Species Weight Caps

NMFS is considering removing the existing rule that limits demersal (or pelagic) indicator species to no more than 5 percent by weight when a vessel fishes in the other's closed area. This change is intended to increase flexibility and remove inefficiencies in pelagic and bottom longline fisheries.

Bluefin Tuna Area and Season Options

NMFS may modify Angling category areas and allocations, establish fishing seasons for school and large school/small medium-sized bluefin tuna, and modify restricted-fishing days. The rulemaking states it would not change the overall bluefin quota and therefore is not expected to have an overall economic impact on the bluefin tuna fisheries.

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Key Dates

Effective Date
Published Date
11/1/2025
8/14/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
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