Notice2026-02065
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
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
February 2, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received two exempted fishing permit (EFP) applications for U.S. West Coast highly migratory species (HMS) fisheries that warrant further consideration at this time. Both EFP applicants request exemptions from regulatory provisions pertaining to the use of authorized gear types under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The applicants propose to test the effects and efficacy of using alternative fishing practices to harvest swordfish and other HMS off of the U.S. West Coast. During the November 2025 Pacific Fishery Management Council (Council) meeting, the Council reviewed and endorsed these two EFP applications and recommended that NMFS approve them. NMFS has determined that these applications warrant further consideration and is requesting public comment on them, as well as the Council's recommendations on them.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Pages 4506-4507]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02065]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF399]
Magnuson-Stevens Fishery Conservation and Management Act; General
Provisions for Domestic Fisheries; Applications for Exempted Fishing
Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS received two exempted fishing permit (EFP) applications
for U.S. West Coast highly migratory species (HMS) fisheries that
warrant further consideration at this time. Both EFP applicants request
exemptions from regulatory provisions pertaining to the use of
authorized gear types under the Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory Species (HMS FMP). The applicants
propose to test the effects and efficacy of using alternative fishing
practices to harvest swordfish and other HMS off of the U.S. West
Coast. During the November 2025 Pacific Fishery Management Council
(Council) meeting, the Council reviewed and endorsed these two EFP
applications and recommended that NMFS approve them. NMFS has
determined that these applications warrant further consideration and is
requesting public comment on them, as well as the Council's
recommendations on them.
DATES: Comments must be submitted in writing by March 4, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-0133, by any of the following methods:
<bullet> 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-2026-0133 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Chris Fanning, NMFS West
Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Include the identifier ``NOAA-NMFS-2026-0133'' in the comments.
Instructions: 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 NMFS. All comments received 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. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast
Region, 562-980-4198, <a href="/cdn-cgi/l/email-protection#13507b617a603d55727d7d7a7d74537d7c72723d747c65"><span class="__cf_email__" data-cfemail="bffcd7cdd6cc91f9ded1d1d6d1d8ffd1d0dede91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
On November 17, 2025, the Council reviewed and was supportive of
three applications for HMS EFPs. The Council recommended that NMFS
approve the night-set buoy gear (NSBG) and multi-species extended
linked buoy gear (MSXLBG) applications and that the proponents of the
third application bring it back for additional discussion and
consideration at the Council's March 2026 meeting. The Council further
recommended that NMFS build in flexibility when considering EFP
applications to allow for variations in the fishing configurations
within environmental review processes and analyses. When making its
recommendations for flexibility, the Council considered the utility of
allowing for a greater range of target depths and time for gear
deployment, as well as modifications to monofilament configurations,
bait type, and light placement.
The MSXLBG EFP application from the Pfleger Institute of
Environmental Research \1\ requests flexibility on hook depth, set time
and bait type to allow for both deep and shallow setting to occur,
including on the same sets, to target the highly migratory species
complex. If issued, this EFP would modify a current extended linked
buoy gear (XLBG) EFP that exempts the permitted vessels from
regulations at 50 CFR 660.712(a)(1) prohibiting use of longline-type
gear in federal waters off the U.S. West Coast. The terms and
conditions for the current XLBG EFP restrict target depths to below 100
meters. Based on the new application, and taking into account Council
recommendations, NMFS is considering modifications to the current terms
and conditions to allow for targeting depths shallower than 100 meters
and testing a broader range of gear options and deployment strategies,
including timing of sets, large circle
[[Page 4507]]
hook size, bait type, and light placement.
---------------------------------------------------------------------------
\1\ <a href="https://www.pcouncil.org/documents/2025/10/i-3-attachment-2-draft-efp-application-multi-species-extended-link-buoy-gear.pdf/">https://www.pcouncil.org/documents/2025/10/i-3-attachment-2-draft-efp-application-multi-species-extended-link-buoy-gear.pdf/</a>.
---------------------------------------------------------------------------
The NSBG EFP application from Andrew Hemstreet \2\ requests an
exemption from the prohibition on deploying deep-set buoy gear (DSBG)
until local sunrise and retrieving the gear no later than 3 hours after
local sunset, which would otherwise be prohibited by 50 CFR
660.715(c)(3). In addition, the applicant has conveyed his interest in
also having more flexibility to use a standard or linked buoy gear
configuration at night to target a broader range of depths (i.e.,
including depths shallower than 90 meters) than is currently authorized
in regulations for DSBG at 50 CFR 660.715(a)(1) and (2). NMFS is
therefore considering his application to be requesting exemptions under
Sec. 660.715(a)(1) and (2), and (c)(3).
---------------------------------------------------------------------------
\2\ <a href="https://www.pcouncil.org/documents/2025/10/i-3-attachment-1-efp-application-hemstreet.pdf/">https://www.pcouncil.org/documents/2025/10/i-3-attachment-1-efp-application-hemstreet.pdf/</a>.
---------------------------------------------------------------------------
At this time, NMFS is requesting public comment on the NSBG EFP and
MSXLBG applications and Council recommendations discussed above. NMFS
will take the Council's comments into consideration along with public
comments on whether to issue these EFPs. Aside from regulatory
exemptions to conduct the proposed EFP activities, vessels fishing
under an EFP would be subject to all other regulations implemented at
50 CFR part 660, subpart K and 50 CFR part 300, subpart C, including
measures to protect sea turtles, marine mammals, sharks, and seabirds.
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP.
Additionally, NMFS will analyze the effects of issuing EFPs in
accordance with the National Environmental Policy Act and NOAA's
Administrative Order 216-6A, as well as for compliance with other
applicable laws, including section 7(a)(2) of the Endangered Species
Act (16 U.S.C. 1531 et seq.), which requires the agency to consider
whether the proposed action is likely to jeopardize the continued
existence and recovery of any endangered or threatened species or
result in the destruction or adverse modification of critical habitat.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 28, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-02065 Filed 1-30-26; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 2, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.