Notice2026-15915
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Primary source
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Published
August 5, 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 Atlantic Capes Fisheries, Inc. 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 149 (Wednesday, August 5, 2026)</title>
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[Federal Register Volume 91, Number 149 (Wednesday, August 5, 2026)]
[Notices]
[Pages 50520-50522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15915]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF925]
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 Atlantic Capes Fisheries, Inc. Regulations under
the Magnuson-Stevens Fishery Conservation and Management Act require
publication of
[[Page 50521]]
this notification to provide interested parties the opportunity to
comment on applications for proposed EFPs.
DATES: Comments must be received on or before August 20, 2026.
ADDRESSES: You may submit written comments by email:
<a href="/cdn-cgi/l/email-protection#b1dfdcd7c29fd6d0c39fd4d7c1f1dfded0d09fd6dec7"><span class="__cf_email__" data-cfemail="a0cecdc6d38ec7c1d28ec5c6d0e0cecfc1c18ec7cfd6">[email protected]</span></a>. Include in the subject line ``Atlantic Capes
SCOQ 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#12717a607b61667b7c773c747d6076527c7d73733c757d64"><span class="__cf_email__" data-cfemail="bbd8d3c9d2c8cfd2d5de95ddd4c9dffbd5d4dada95dcd4cd">[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 648.14(j)(1)(iii).... Prohibition against Retaining and
fishing for, landing both
retaining, or species on the same
landing both trip is needed to
surfclams and ocean calculate the
quahogs in or from amount of mixing in
the EEZ on the same the fishery, to
trip. develop protocols
for future
estimation of
discards and mixing
at sea, and for
shoreside
processing.
50 CFR 648.14(j)(1)(iv)..... Prohibition against Retaining and
fishing for, landing ocean
retaining, or quahogs on a
landing ocean designated surfclam
quahogs in or from trip or surfclams
the EEZ on a trip on a designated
designated as a ocean quahog trip
surfclam fishing is needed to
trip under calculate the
648.15(b); or amount of mixing in
fishing for, the fishery, to
retaining, or develop protocols
landing surfclams for future
in or from the EEZ estimation of
on a trip discards and mixing
designated as an at sea and for
ocean quahog shoreside
fishing trip under processing.
648.15(b).
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Table 2--Project Summary
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Project title..................... SCOQ mixing Amendment Accounting
Protocols Study.
Project start..................... 09/01/2026.
Project end....................... 08/31/2027.
Project objectives................ To conduct industry-funded research
to determine best practices and
protocols for: (1) Estimating
discards of non-target clam species
for eVTR reporting; (2) estimating
pre-landing bushel volumes of
surfclam/ocean quahogs that are
mixed in cages; and (3) fully
accounting for the volume of
bushels separated from mixed cages
to be reported to NMFS via vessel
trip reports.
Project location.................. Southern New England and Mid-
Atlantic.
Number of vessels................. Up to 15.
Number of trips................... Up to 1,200.
Trip duration (days).............. Up to 2.
Total number of days.............. Up to 2,400.
Gear type(s)...................... Dredge.
Number of tows or sets............ 25 per trip.
Duration of tows or sets.......... 1 hour.
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Project Narrative
The purpose of this project is to continue to collect data in
support of determining best practices and protocols for estimating
discards of non-target clam species, estimating pre-landing bushel
volumes of surfclams/ocean quahogs that are in mixed cages, and fully
accounting for the volume of bushels separated from mixed cages, to be
reported to NMFS via vessel trip reports. This project was issued a
previous EFP (24080), under which 255 trips were taken. During each of
those trips, volumetric data was collected by the captain/crew on
target clam species, non-target clam species, bycatch, and trash/broken
shells. Partner organization Rutgers University had scientists aboard
13 EFP trips and collected volumetric data on one of the same tows as
the captain/crew, as well as additional tows. The processor provided
data on the number of cages, the volume of non-target clams sorted from
the total catch, and the volume of trash and bycatch sorted from the
total catch. The data collected so far allowed for preliminary progress
toward determining best practices and protocols for estimates of catch
composition on mixed-catch trips. Specifically, the catch estimate
collected by the captain appears to be a fair representation of the mix
of target and non-target clams caught. The catch mix determined at the
plants represents the mix of clams in the landed catch. This EFP would
continue the data collection under the previous EFP, in support of
determining the best practices and protocols for estimating catch
composition on mixed-catch trips.
Under this EFP, up to 15 vessels would be authorized to fish for,
retain, and land both surfclams and ocean quahogs on the same trip,
either in mixed or separate cages, regardless of which species the trip
was designated for. On each trip, the captain/crew would make
independent estimates of mixing using protocols co-developed by
scientists, industry, and the Northeast Fisheries Science Center
(NEFSC). Processors would independently sort and document catch at the
plant. A subset of trips (approximately two per month) would carry a
project scientist to collect independent estimates using scientifically
derived protocols, taking into consideration methods provided by the
Northeast Fisheries Observer Program. Project scientists would also
collect estimates at the processing plant,
[[Page 50522]]
though not from the same trips on which they collected at-sea
estimates.
Vessels would be required to indicate each EFP trip when making the
Vessel Monitoring System (VMS) declaration in order to land both
surfclams and ocean quahogs on that trip and must submit the
appropriate VMS trip-start and trip-end hail forms. Individual
Transferable Quota (ITQ) would be used to account for all surfclams and
ocean quahogs landed during this project. Vessels would use ITQ cage
tags for the target species, and those tag numbers would be reported by
the vessel and the processor as usual. The project PI would submit to
the Greater Atlantic Regional Fisheries Office (GARFO) processor-sort
data for all EFP trips and, on a quarterly basis, ITQ cage tags to
fully cover the total number of bushels of non-target clams that are
sorted out of landings by the participating processors.
All independent estimates would be submitted to Rutgers University
for comparison. Project results would be summarized in a report made
available to the Mid-Atlantic Fishery Management Council, NEFSC
assessment scientists, and GARFO.
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: August 3, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-15915 Filed 8-4-26; 8:45 am]
BILLING CODE 3510-22-P
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