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.
Issuing agencies
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
<html>
<head>
<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
</head>
<body><pre>
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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 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.
----------------------------------------------------------------------------------------------------------------
Table 2--Project Summary
------------------------------------------------------------------------
------------------------------------------------------------------------
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.