Notice2026-04537

Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application 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
March 9, 2026

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Regional Fisheries Office (GARFO), NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The EFP would allow federally permitted fishing vessels to fish outside fishery regulations in support of exempted fishing activities proposed by the University of Rhode Island (URI). Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

Full Text

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<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
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[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Notices]
[Pages 11288-11289]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XF568]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Regional Fisheries Office (GARFO), NMFS, 
has made a preliminary determination that an Exempted Fishing Permit 
(EFP) application contains all of the required information and warrants 
further consideration. The EFP would allow federally permitted fishing 
vessels to fish outside fishery regulations in support of exempted 
fishing activities proposed by the University of Rhode Island (URI). 
Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed EFPs.

DATES: Comments must be received on or before March 24, 2026.

ADDRESSES: You may submit written comments by email: 
<a href="/cdn-cgi/l/email-protection#26484b40550841475408434056664849474708414950"><span class="__cf_email__" data-cfemail="86e8ebe0f5a8e1e7f4a8e3e0f6c6e8e9e7e7a8e1e9f0">[email&#160;protected]</span></a>. Include in the subject line ``URI Scallop Kite 
Panel EFP.'' All comments received are a part of the public record and 
may be posted for public viewing without change. All personal 
identifying information (e.g., name, address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``anonymous'' as the signature if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Christine Ford, Fishery Management 
Specialist, <a href="/cdn-cgi/l/email-protection#c8aba0baa1bbbca1a6ade6aea7baac88a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="94f7fce6fde7e0fdfaf1baf2fbe6f0d4fafbf5f5baf3fbe2">[email&#160;protected]</span></a>, 978-281-9185.

SUPPLEMENTARY INFORMATION: The applicant submitted a complete 
application for an EFP to conduct commercial fishing activities that 
the regulations would otherwise restrict. This EFP would exempt the 
participating vessels from the following Federal regulations:

                                          Table 1--Requested Exemptions
----------------------------------------------------------------------------------------------------------------
             CFR citation                            Regulation                       Need for exemption
----------------------------------------------------------------------------------------------------------------
50 CFR 648.51(b)(4)(iii)..............  Restriction against dredge or net    To trial a bycatch reduction
                                         obstructions.                        device.
50 CFR 648.80(h)(3)(iii)(A)...........  Restriction against Limited Access   To allow for the temporary
                                         General Category-Individual          possession of yellowtail flounder
                                         Fishing Quota vessels from           and windowpane flounder for catch
                                         possessing any species other than    data collection.
                                         scallops.
50 CFR 648.83(a)(1)...................  Yellowtail flounder minimum size     To allow for the temporary
                                         regulations.                         possession of undersized
                                                                              yellowtail flounder for catch data
                                                                              collection.
50 CFR 648.86(l)......................  Windowpane flounder possession.....  To allow for the temporary
                                                                              possession of windowpane flounder
                                                                              for catch data collection.
50 CFR 648.86(g)......................  Yellowtail flounder possession.....  To allow for the temporary
                                                                              possession of yellowtail flounder
                                                                              for catch data collection.

[[Page 11289]]

 
50 CFR 648.88 (a)(2)(i)...............  Handgear permit restrictions.......  To allow a vessel issued a NE
                                                                              multispecies Handgear permit to
                                                                              use scallop gear to temporarily
                                                                              possess yellowtail and windowpane
                                                                              flounder for catch data
                                                                              collection.
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                        Table 2--Project Summary
------------------------------------------------------------------------
 
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Project title..............................  Piloting the use of a kite
                                              panel on a scallop dredge
                                              twine top to reduce
                                              bycatch of flatfish and
                                              juvenile scallops.
Project start..............................  04/01/2026.
Project end................................  09/30/2026.
Project objectives.........................  To evaluate the potential
                                              of attaching a canvas kite
                                              to the twine top of
                                              scallop dredges as a
                                              bycatch reduction
                                              strategy.
Project location...........................  Statistical Area 539.
Number of vessels..........................  2 (1 primary; 1 back-up).
Number of trips............................  5.
Trip duration (days).......................  1.
Total number of days.......................  5.
Gear type(s)...............................  Dredge.
Number of tows or sets.....................  7-12 per trip.
Duration of tows or sets...................  60-90 minutes.
------------------------------------------------------------------------

Project Narrative

    The applicant proposes to attach a canvas panel to a scallop dredge 
twine top to act as a kite that will open the dredge bag and facilitate 
escapement of flatfish species and juvenile scallops. This project was 
designed to identify optimal kite size, location, and tow speed to 
achieve optimal bag lift for future testing. To achieve the goal, the 
researchers would: (1) Conduct underwater video tows with dredge 
modifications; (2) conduct paired tows between control and experimental 
scallop dredges; and (3) quantify and compare the scallop catch and 
bycatch between the dredges.
    This EFP would authorize two commercial fishing vessels (one 
primary; one backup) to complete five total research trips for this 
project. All trips would occur within Statistical Area 539. URI and/or 
Commercial Fisheries Research Foundation researchers would accompany 
the vessels on each trip. The first two trips would consist of video 
testing to evaluate the practicality of implementing the kite design 
and confirming underwater performance. GoPro cameras would be mounted 
on the dredge facing the twine top to characterize the performance of 
the dredge with the kite panel attached. Video evidence would also 
enable the project team to assess whether any modifications are needed. 
Following video analysis, 3 days of field trials would be conducted at 
the best-verified kite location, based on evidence from the first two 
trips. As the vessels may only tow one dredge at a time, tows would 
alternate using an ABBA method, with A being the control dredge and B 
being the experimental dredge. Between 7 and 12 tows would be conducted 
each trip. The expected tow duration of 60-90 minutes would be 
standardized across all tows.
    The participants would use a standard New Bedford-style dredge that 
is commonly used throughout the industry. The only modification would 
be the addition of the kite. The kite would be triangular in shape 
(with the front-facing corner removed), and approximately 12 x 20 
inches (30.5 x 50.8 cm). The kite will be attached to the twine top 
using snap links, that allow it to stretch. The kite will not be snug 
against the twine; as such, it is not expected to restrict escapement 
of non-target species.
    For each tow, the entire scallop catch would be placed into 
baskets. A random sub-sample of baskets would be selected to measure 
scallops. Legal catch would be landed for sale in accordance with the 
fishing permits held by the vessels. All incidental catch of interest 
would be identified to species and weighed, prior to being released 
back into the water.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 4, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-04537 Filed 3-6-26; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on March 9, 2026.

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