Notice2026-05069
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 16, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, 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 Northeast Seafood Coalition, in partnership with the Massachusetts Division of Marine Fisheries (MA DMF). 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 50 (Monday, March 16, 2026)</title>
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[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Notices]
[Pages 12585-12587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05069]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF604]
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 Region, 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 Northeast Seafood Coalition, in partnership
with the Massachusetts Division of Marine Fisheries (MA DMF).
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 31, 2026.
ADDRESSES: You may submit written comments by email:
<a href="/cdn-cgi/l/email-protection#b7d9dad1c499d0d6c599d2d1c7f7d9d8d6d699d0d8c1"><span class="__cf_email__" data-cfemail="d6b8bbb0a5f8b1b7a4f8b3b0a696b8b9b7b7f8b1b9a0">[email protected]</span></a>. Include in the subject line ``Targeted Inshore
Cod Protection Closure Spawning Evaluation 2026.'' All comments
received are a part of the public record and may be posted for public
viewing without change. All
[[Page 12586]]
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#8cefe4fee5fff8e5e2e9a2eae3fee8cce2e3ededa2ebe3fa"><span class="__cf_email__" data-cfemail="c9aaa1bba0babda0a7ace7afa6bbad89a7a6a8a8e7aea6bf">[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
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CFR citation Regulation Need for exemption
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50 CFR 648.81(d)(1) insofar Restrictions on To collect data on
as it applies to 50 CFR fishing for NE the presence/
648.81(d)(4)(i), (ii), and multispecies, or absence of spawning
(iii). having fishing gear cod in targeted
capable of catching areas of GOM Cod
NE multispecies, on Protection Closure
board a vessel in Areas I, II, and
Gulf of Maine (GOM) III.
Cod Protection
Closure Areas I,
II, and III.
50 CFR 648.83............... Restriction on To collect sex and
retention of cod maturity data of
under the minimum all cod, including
fish size of 19 sublegal sized cod,
inches (48.3 cm). caught in targeted
areas of GOM Cod
Protection Closure
Areas I, II, and
III.
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Table 2--Project Summary
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Project title................ Exploration of targeted commercial
groundfish sector access to inshore cod
protection closures to better optimize
overall yield of other allocated
groundfish stocks and provide cod
spawning information for the New England
Fishery Management Council's (NEFMC)
Phase 2 of the Atlantic Cod Transition
Plan.
Project start................ 05/01/2026.
Project end.................. 11/30/2026.
Project objectives........... To generate data to evaluate Western Gulf
of Maine cod spawning activity in spring
seasonal groundfish closures, in support
of the NEFMC priority to assess closures
as part of Phase 2 of the Atlantic Cod
Transition Plan. Assess ability of the
groundfish fishing industry to harvest
healthy groundfish stocks, without
undermining groundfish conservation and
management measures.
Project location............. Statistical Areas 132, 133, and 124.
Number of vessels............ 14.
Number of trips.............. Up to 178.
Trip duration (days)......... 1.
Total number of days......... Up to 178.
Gear type(s)................. Bottom trawl.
Number of tows or sets....... Up to 4 per trip.
Duration of tows or sets..... Up to 4 hours.
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Table 3--Catch Composition Estimates
[Based on Sector II and XII; May, June, November 2024]
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Retained (live weight; pound (lb) /
Species kilogram (kg)) Discarded (lb/kg)
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Atlantic cod................................. 26,277/11,919 726/329
Winter flounder.............................. 29,544/13,401 1,871/849
Haddock...................................... 49,228/22,329 2,410/1,093
White hake................................... 1,283/582 160/73
American plaice.............................. 76,155/34,543 8,260/3,747
Pollock...................................... 518/235 212/96
Redfish...................................... 5,349/2,426 2,059/934
Witch flounder............................... 27,121/12,302 926/420
Yellowtail flounder.......................... 131,222/59,521 18,003/8,166
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Project Narrative
The purpose of this project is to continue to support industry
access to healthy groundfish stocks, while evaluating the utility of
seasonal cod protection closure areas, and collecting biological
samples of cod. Under the 2025 EFP (#25006), a system was established
to increase access to available groundfish stocks without jeopardizing
cod spawning aggregations. On May 13, 2025, three vessels fished under
the EFP, completing four total tows. Although the EFP was only in
effect for 1 day of fishing, the outcome reflected the effectiveness of
real-time monitoring and communication protocols, which triggered an
immediate suspension of the EFP once the spawning cod threshold was
reached in Area B. Fishing did not occur in Area A due to the
prevalence of fixed fishing gear. By incorporating targeted
modifications informed by the 2025 EFP, the proposed EFP would provide
modified access while maintaining strict monitoring and protection for
spawning cod. Specific modifications would include, but not be limited
to: (1) narrowing the footprint of Area A to foster cooperation with
the lobster industry and allow the deployment of
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bottom trawl gear; (2) altering the northern boundary of Area B and
splitting Area B into two areas (B1 and B2) to reduce the risk of
catching cod closer to Jeffrey's Ledge; and (3) adding an Area C, which
would provide additional access at a different time of year and for
vessels from other ports.
Under this EFP, participating fishermen would conduct tows in
targeted areas within GOM Cod Protection Closures I, II, and III, where
industry-based groundfish surveys previously demonstrated low spawning
cod density compared to other portions of the closure (Attachment).
Vessels would submit trip notification to the Pre-Trip Notification
System as usual. Vessels would only be allowed in targeted areas if
they have a Northeast Fisheries Observer or At-sea Monitor aboard, or
participate in an approved electronic monitoring program for the trip.
Tows conducted within the targeted areas would be restricted to remain
inside the area for the entire tow; however, vessels could make tows
both inside and outside the target area on the same trip. Upon
departure for a trip, vessels would notify a MA DMF project coordinator
about intent to fish in the target areas. Up to 80 total tows would be
conducted in Area A; up to 48 total tows would be conducted in Areas B1
and B2 combined; and up to 50 total tows would be conducted in Area C.
During all trips under the EFP, cod of all sizes caught in each tow
conducted within the target areas would be kept round (not gutted), and
isolated in separate totes with sealed and zip-tied lids. Cod caught in
tows conducted outside the target areas would be handled consistent
with standard fishing practices. Upon returning from a trip, vessels
would contact MA DMF to meet them to sample target area-caught cod for
sex and maturity. Additional sampling would be conducted to support the
Northeast Fisheries Science Center conversion factor study. All catch
would be accounted for consistent with standard fishing activities and
applicable Annual Catch Entitlement, and legal size catch would be
sold.
If MA DMF detects spawning cod caught in tows within the target
areas to be at or above proposed thresholds, participating vessels
would no longer be authorized to fish under the EFP within that
particular target area (each of the four target areas (A, B1, B2, and
C) will be evaluated separately). MA DMF defines spawning cod as
females with clear eggs or males with running milt (either expressed
externally, or when the testes are cut through). The proposed
thresholds are more than five spawning cod in one tow or more than 18
percent of tows within a 7-day consecutive fishing period containing
any spawning cod. MA DMF would immediately notify participating sector
managers and NMFS if a cod spawning threshold has been reached.
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 12, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-05069 Filed 3-13-26; 8:45 am]
BILLING CODE 3510-22-P
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