Commerce's 2026 Rule Wishlist: Bureaucracy's Boring Semi-Annual Ritual
Published Date: 8/14/2026
Notice
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
Related Federal Register Documents
2026-14204, Lake Ontario National Marine Sanctuary; Delay of Effective Date
NOAA is giving everyone more time before the rule that bans grappling or anchoring on Lake Ontario shipwrecks kicks in. Instead of starting in July 2026, this rule is now delayed until September 2028 to let NOAA set up mooring buoys and work with divers and boaters. This means boaters and commercial vessels can keep anchoring safely while NOAA gets everything ready without rushing.
2026-14195, Rescinding the Definition of “Harm” Under the Endangered Species Act
The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration are wiping away the official definition of “harm” under the Endangered Species Act starting September 14, 2026. This change affects anyone involved in protecting endangered plants and animals by shifting how “harm” is understood and enforced. It’s a big move that could change how projects and protections are handled, but no new costs or deadlines are added right now.
2026-07536, Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of America
Starting April 20, 2026, NOAA is setting new rules for companies doing geophysical surveys in the Gulf of America to protect marine mammals. These rules let companies get permission to accidentally disturb marine mammals but require them to minimize harm and report what they find. This plan lasts five years and helps balance ocean research with saving sea life.
2026-05599, Deep Seabed Mining: Notice of Receipt of Applications for Deep Seabed Mining Exploration Licenses and Announcement of Public Comment Period and Virtual Public Hearings
NOAA got two applications from companies wanting to explore mining deep under the ocean floor. They’re holding virtual public meetings in April and want your thoughts by May 22, 2026. This affects anyone interested in ocean mining and how we protect our seas while exploring new resources.
2026-04256, Atlantic Highly Migratory Species; Spatial Fisheries Management; Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Starting April 3, 2026, new rules change shark fishing zones and times in the Atlantic to better protect sharks and manage fishing risks. Fishermen using bottom and pelagic longline gear will see updated area boundaries and must pay for electronic monitoring if fishing in certain safer zones. These changes help keep shark populations healthy while supporting responsible fishing.
2026-19801, Fisheries of the Caribbean, Gulf of America, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Regulatory Amendment 36
Starting October 28, 2026, new rules will change how many gag and black groupers recreational fishers can catch and make it easier for commercial boats to carry special black sea bass traps through certain areas. These changes help protect fish populations while making fishing trips smoother and more practical. If you fish or work in the South Atlantic snapper-grouper fishery, these updates affect your catch limits and gear handling.
Previous / Next Documents
Previous: 2026-16620, Regulatory Agenda
The Chairman of the Surface Transportation Board (STB or Board) is publishing the Regulatory Flexibility Agenda.
Next: 2026-16622, Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions
This agenda announces the regulatory and deregulatory actions the DoW plans to take in the next 12 months and those regulatory and deregulatory actions completed since the publication of the Spring 2025 Unified Agenda. It was developed under the guidelines of Executive Order 12866, "Regulatory Planning and Review," and Executive Order 13563, "Improving Regulation and Regulatory Review." This agenda includes actions that support the Administration's priorities; the Secretary of Defense's top priorities to revive the warrior ethos, rebuild our military, and reestablish deterrence. Members of the public may submit comments on individual proposed and interim final rulemakings at www.regulations.gov during the comment period that follows publication in the Federal Register. This agenda updates the report published on September 22, 2025, and includes regulations expected to be issued or under review by DoW over the next 12 months. The complete Unified Agenda will be available online at www.reginfo.gov. In accordance with the Regulatory Flexibility Act (5 U.S.C. 602), which requires agencies to publish their regulatory flexibility agendas in the Federal Register, the DoW's printed agenda entries in the Federal Register include only: (1) Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Any rules that the Agency has identified for periodic review under the Regulatory Flexibility Act (5 U.S.C. 610). Although printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's agenda requirements, additional information on these entries is in the Unified Agenda available online.