Notice2026-07390
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
Primary source
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Published
April 16, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received an exempted fishing permit (EFP) application for U.S. West Coast highly migratory species (HMS) fisheries that warrants further consideration at this time. The EFP applicant requests 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 applicant proposes to test the effects and efficacy of using monofilament rings as an alternative form of terminal tackle (herein referred to as "ring tackle") used to harvest swordfish and other HMS off of the U.S. West Coast. During the March 2026 Pacific Fishery Management Council (Council) meeting, the Council reviewed and endorsed the EFP application and recommended that NMFS approve it. NMFS has determined that this application warrants further consideration and is requesting public comment on it.
Full Text
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<title>Federal Register, Volume 91 Issue 73 (Thursday, April 16, 2026)</title>
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[Federal Register Volume 91, Number 73 (Thursday, April 16, 2026)]
[Notices]
[Pages 20416-20417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07390]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF666]
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.
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SUMMARY: NMFS received an exempted fishing permit (EFP) application for
U.S. West Coast highly migratory species (HMS) fisheries that warrants
further consideration at this time. The EFP applicant requests
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 applicant
proposes to test the effects and efficacy of using monofilament rings
as an alternative form of terminal tackle (herein referred to as ``ring
tackle'') used to harvest swordfish and other HMS off of the U.S. West
Coast. During the March 2026 Pacific Fishery Management Council
(Council) meeting, the Council reviewed and endorsed the EFP
application and recommended that NMFS approve it. NMFS has determined
that this application warrants further consideration and is requesting
public comment on it.
DATES: Comments must be submitted in writing by May 18, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2026-1090, 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-2026-1090 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-2026-1090'' 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#7a3912081309543c1b141413141d3a14151b1b541d150c"><span class="__cf_email__" data-cfemail="783b100a110b563e19161611161f3816171919561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: At its March 2026 meeting, the Council
considered an EFP application \1\ from the Pflegler Institute of
Environmental
[[Page 20417]]
Research that was first received by the Council in November 2025. At
the November 2025 meeting, the Council requested that the Highly
Migratory Species Management Team (HMSMT) return in March with
additional information regarding the gear configuration and species
bycatch in other parts of the world where the gear type has been used.
The March 2026 report from the HMSMT \2\ provides bycatch data and
other information from available studies on ring tackle in other parts
of the world. The EFP applicant also attended the March meeting to
answer questions from the Council.
The Council recommended that NMFS approve the EFP application and
expressed support for testing the use of ring tackle in a variety of
EFP gear configurations. The Council also recommended that NMFS
prioritize flexibility in the operative terms and conditions of
existing, approved, HMS EFPs, to build on lessons learned, and to
support continued participation in fishery innovations (including
consideration of more vessels), provided that such flexibilities can be
accommodated within effort limits considered in the environmental
review processes and analyses underpinning the issuance of EFPs for
those configuration types.
If issued, the EFP would exempt the permitted vessels from the
Commercial fishing gear definitions at 50 CFR 660.702, which specify
that Deep-set buoy gear (DSBG) includes ``gangions with hooks
attached,'' and from gear specifications at 50 CFR 660.715(b)(3), which
require the use of circle hooks in DSBG. The EFP would allow use of
monofilament rings as a substitute for one of the three hooks currently
permitted on each vertical mainline of standard DSBG, and each section
of linked DSBG. That is, the maximum of three pieces of terminal tackle
per buoy would not be modified under this EFP, only the requirement
that circle hooks must be used.
At this time, NMFS is requesting public comment on the ring tackle
EFP application. NMFS will take the Council's comments into
consideration along with public comments on whether to issue this EFP.
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: April 13, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
Endnotes
\1\ <a href="https://www.pcouncil.org/documents/2026/02/g-3-attachment-1-draft-efp-pier-hookless-gear.pdf/">https://www.pcouncil.org/documents/2026/02/g-3-attachment-1-draft-efp-pier-hookless-gear.pdf/</a>.
\2\ <a href="https://www.pcouncil.org/documents/2026/03/g-3-a-supplemental-hmsmt-report-1-highly-migratory-species-management-team-report-on-exempted-fishing-permits-preliminary-or-final.pdf/">https://www.pcouncil.org/documents/2026/03/g-3-a-supplemental-hmsmt-report-1-highly-migratory-species-management-team-report-on-exempted-fishing-permits-preliminary-or-final.pdf/</a>.
[FR Doc. 2026-07390 Filed 4-15-26; 8:45 am]
BILLING CODE 3510-22-P
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