Notice2026-00356
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Highly Migratory Species; Notice
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the opening of the 2026 permit application period for initial issuance of limited entry deep-set buoy gear permits under qualification Tier 9. Authorized through implementation of Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species and its implementing regulations, Tier 9 was established as the final tier in a ranking system for issuance of limited entry deep-set buoy gear permits. Tier 9 permits for deep-set buoy gear will be available through the National Permits System.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1136-1137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00356]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF404]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Highly Migratory Species; Notice
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; permit application period opening.
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SUMMARY: NMFS announces the opening of the 2026 permit application
period for initial issuance of limited entry deep-set buoy gear permits
under qualification Tier 9. Authorized through implementation of
Amendment 6 to the Fishery Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species and its implementing
regulations, Tier 9 was established as the final tier in a ranking
system for issuance of limited entry deep-set buoy gear permits. Tier 9
permits for deep-set buoy gear will be available through the National
Permits System.
DATES: The 2026 application period for initial issuance of deep-set
buoy gear permits issued under Tier 9 is February 1 to March 31, 2026.
ADDRESSES:
Electronic Access
This notice is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information on Amendment 6 to the HMS FMP and supporting documents are
available at the NOAA Fisheries West Coast Region website: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, West Coast Region
Permits and Monitoring Branch <a href="/cdn-cgi/l/email-protection#aed9cddc83decbdcc3c7daddeec0c1cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="671004154a1702150a0e1314270908060649000811">[email protected]</span></a> or (562) 980-4238.
SUPPLEMENTARY INFORMATION:
Background
The Fishery Management Plan (FMP) for U.S. West Coast Fisheries for
Highly Migratory Species (HMS) and its implementing regulations at
title 50 in the Code of Federal Regulations (CFR), part 660, subpart K,
regulate commercial and recreational fishing for HMS in the U.S.
exclusive economic zone off the coasts of Washington, Oregon, and
California and in adjacent high seas waters. NMFS published Amendment 6
and its implementing regulations on May 8, 2023 (88 FR 29545).
Amendment 6 authorizes deep-set buoy gear (DSBG) as an additional gear
type for catching swordfish and other HMS in Federal waters off of
California and Oregon. The Pacific Fishery Management Council
recommended that NOAA Fisheries authorize DSBG as an additional
commercial gear type to improve the economic viability of the West
Coast-based swordfish fishery while minimizing bycatch to the extent
practicable. The regulations also established a limited entry (LE)
regime for ``phased-in'' permitting of DSBG fishing within Federal
waters of the Southern California Bight (see 50 CFR 660.707(g)). Tier 9
is the final phase of that LE permit regime.
Tier 9 Permits
As required by the regulations at Sec. 660.707(g)(12), once the
list of initial approved qualifiers for Tiers 1 through 8 was exhausted
in 2024, NMFS began accepting applications under Tier 9 in Spring 2025.
NMFS will continue to accept new applications for Tier 9 permits on an
annual basis and issue up to 25 permits per year until a total of 300
LE DSBG permits are issued, unless NMFS determines that the maximum
number of permits should be fewer than 300 and publishes a subsequent
rulemaking. Additionally, as required by regulations, NMFS must
annually announce the opening of Tier 9 in the Federal Register. This
notice serves as that announcement.
Therefore, beginning on February 1, 2026, and ending on March 31,
2026, NMFS will accept new applications for initial issuance of LE DSBG
permits under Tier 9. Applicants for Tier 9 permits who submitted
applications in previous years and have yet to receive a permit do not
need to resubmit their applications. To qualify for a LE DSBG permit
under Tier 9 an applicant must be a ``person'' as defined at Sec.
660.702 and must not already own a LE DSBG permit either individually
or as a shareholder in a business which owns a LE DSBG permit. The
process for initial issuance of LE DSBG permits to applicants that
qualify under Tier 9, which can be found in Sec. 660.707(g)(12), is
summarized below.
To apply for a LE DSBG permit under Tier 9, a person must submit a
complete application to NMFS through the National Permits System
website no later than 11:59 p.m. Pacific daylight time on March 31,
2026. A complete initial issuance application package consists of the
following: a completed initial issuance application form, which may
include ownership interest for businesses, and as required under Sec.
660.707(g)(3)(ii); a current copy of the United States Coast Guard
Documentation Form or state registration form for the vessel that will
be registered to the permit; and payment of required fees. NMFS may
require additional documentation as it deems necessary to make a
determination on the application. The initial issuance application
package will be considered incomplete until the required information is
submitted. NMFS will
[[Page 1137]]
decline to act on an incomplete application.
NMFS will issue LE DSBG permits to approved applicants under Tier 9
on a first come, first served basis, according to the date and time
that their application was submitted through the National Permits
System. NMFS will issue up to 25 permits each year. If NMFS approves
more than 25 applications in a single year, the approved applicants
above 25 will receive priority for permit issuance the following year
according to the date and time that their complete applications were
received.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: January 8, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-00356 Filed 1-9-26; 8:45 am]
BILLING CODE 3510-22-P
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