Notice2026-18629
Magnuson-Stevens Act Provisions; Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
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Published
September 14, 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 Maine Department of Marine Resources. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative 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 176 (Monday, September 14, 2026)</title>
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Notices]
[Pages 58100-58102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18629]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XG052]
Magnuson-Stevens Act Provisions; Atlantic Coastal Fisheries
Cooperative Management 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
[[Page 58101]]
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 Maine Department of Marine
Resources. Regulations under the Magnuson-Stevens Fishery Conservation
and Management Act and the Atlantic Coastal Fisheries Cooperative
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 September 29, 2026.
ADDRESSES: You may submit written comments by email:
<a href="/cdn-cgi/l/email-protection#7f1112190c51181e0d511a190f3f11101e1e51181009"><span class="__cf_email__" data-cfemail="5e3033382d70393f2c703b382e1e30313f3f70393128">[email protected]</span></a>. Include in the subject line ``ME DMR 2027 On-
demand 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#6e0d061c071d1a07000b4008011c0a2e00010f0f40090118"><span class="__cf_email__" data-cfemail="cba8a3b9a2b8bfa2a5aee5ada4b9af8ba5a4aaaae5aca4bd">[email protected]</span></a>, (978) 281-9185.
SUPPLEMENTARY INFORMATION: The Maine Department of Marine Resources (ME
DMR) submitted a complete application for an EFP to conduct commercial
fishing activities that the regulations would otherwise restrict to
test alternative gear retrieval systems that only use one traditional
surface buoy. This EFP would exempt the participating vessels from the
following Federal regulations:
Table 1--Requested Exemptions
------------------------------------------------------------------------
CFR citation Regulation Need for exemption
------------------------------------------------------------------------
50 CFR 697.21(b)(2)........... Gear marking For trial of trap/pot
requirements. gear with no more
than one surface
marking on trawls of
more than three
traps.
50 CFR 648.84(b).............. Gear marking For trial of gillnet
requirements. gear with no more
than one surface
marking.
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Table 2--Project Summary
------------------------------------------------------------------------
------------------------------------------------------------------------
Project title..................... Testing various acoustic on-demand,
timed and spring-release fishing
technologies that help minimize the
risk of large whale entanglements
in trap/pot and gillnet fishing
gear in the Gulf of Maine.
Project start..................... 01/01/2027.
Project end....................... 12/31/2027.
Project objectives................ Provide access, training, and
support to fishers in the Gulf of
Maine to test acoustic on-demand,
spring, and timed-release fishing
systems and acoustic gear
geolocation technology. Data
collected would help provide
feedback to manufacturers to adapt
to the specific needs of Maine
fishers involved in fixed gear
fleets. This work is important to
reduce the risk associated with
vertical lines to the endangered
North Atlantic right whale in the
Gulf of Maine.
Project location.................. Trap/pot: Lobster Management Area 1
and all Maine Lobster Conservation
Zones (A-G).
Gillnet: Statistical Areas 513, 514,
515.
Number of vessels................. Up to 65 total: up to 7 gillnet
vessels, with the rest being trap/
pot vessels.
Number of trips, trip duration See Project Narrative.
(days), total number of days,
number and duration of sets.
Gear type(s)...................... Trap/pot and anchored gillnet.
------------------------------------------------------------------------
Project Narrative
This EFP would allow federally permitted vessels to test
alternative gears to reduce entanglement risk to protected species,
mainly the North Atlantic right whale, in trap/pot and sink gillnet
fisheries. There would be two components to this EFP, a gear library
component, which is an assortment of devices and technologies to
retrieve gear, and a gear geolocation component.
This EFP would build on the research conducted by ME DMR under
previous EFPs, with DA25-005 being the most recent. Since the start of
this project and under previously issued EFPs, ME DMR has conducted
6,715 trap/pot hauls as part of the gear library component. Of these,
2,170 hauls were conducted under the most recent EFP (DA25-005), which
became effective December 1, 2025. No hauls have been conducted with
gillnet gear, and 55 hauls, which did not use active fishing traps,
have been completed as part of the gear geolocation component.
The EFP objectives are to: (1) collect data on deployments and
retrievals of various acoustic on-demand fishing gear within the trap/
pot and gillnet fisheries in the Gulf of Maine; (2) provide support and
training to fishers on various on-demand technologies; (3) assess
fishing areas that may be best suited for adopting the tested retrieval
systems; (4) increase familiarity of on-demand gear within the trap/pot
and gillnet fisheries; (5) provide feedback to on-demand fishing gear
manufacturers to increase performance under commercial fishery
conditions; (6) trial gear geolocation and marking systems that promote
interoperability for fishers and management; and (7) compare the
relative precision of various gear geolocation technologies to improve
understanding of how transitioning to acoustic technologies may impact
fishing behavior.
For the gear library component, participating vessels would replace
one traditional surface marking with their choice of alternative gear
available in the Maine Innovative Gear Library. Currently, there are
several options, including, but not limited to: (1) buoy and stowed
rope systems (e.g., Sub Sea Sonics, Ashored, Edgetech); (2) lift bag
systems (e.g., SMELTS (Sea Mammal Education Learning Technology
Society), Ropeless Systems, Liftlabs); (3) buoy and spooled rope
systems (e.g., Devocean); and (4) stowed rope/timed release (e.g., Sub
Sea Sonics). Vessels would be required to use one traditional
[[Page 58102]]
surface marking on one end of trap trawls of more than three traps and
on all gillnet gear. For trap trawls of fewer than three traps, vessels
would still use one traditional surface marking, in addition to the on-
demand retrieval system; therefore, there would be no fully ropeless
trawls. Other than gear markings, all trap trawls and gillnet strings
would be consistent with the regulations of the management area where
the vessel is fishing and would be fished in accordance with the
participating vessels' standard operations (i.e., number and length of
trips, soak times, trap limits, etc.). Because the on-demand systems
would replace buoyed systems that the fishermen would otherwise be
fishing, the gear library component would not increase fishing effort.
For the geolocation component, vessels would use acoustic
positioning systems from Teledyne Benthos, Ropeless Systems, Ashored,
Sub Sea Sonics, Edgetech, or Advanced Navigation. Each of these systems
uses a surface unit to communicate with a unit on the seafloor to
determine the gear's geolocation, associated with whichever gear is
attached. This may differ significantly from the geolocation provided
by the surface buoy or surface GPS marking upon deployment, the extent
of which ME DMR is proposing to investigate, alongside the performance
of these systems in an acoustic environment where multiple signals are
being transmitted simultaneously. Vessels would set up to three trawls
at different distances apart, within a one-kilometer radius. Trawls
would be allowed to soak no longer than 1 hour each. Up to 10 discrete,
single-day gear geolocation trials would be conducted within the
fishing year, resulting in a maximum of 150 gear retrievals. In
instances where traps are used, they would not have fresh bait. These
trials would increase trap/pot effort via short soaks and a high rate
of retrieval. However, catch per unit effort would be reduced.
ME DMR researchers anticipate, for the gear library component, up
to 6,240 trap/pot trawl retrievals and up to 500 gillnet string
retrievals, and up to an additional 150 retrievals of trap/pot trawls
for the geolocation component. Trap trawls would be consistent with
Atlantic Large Whale Take Reduction Plan (ALWTRP) regulations. Trawls
would not exceed 50 traps per trawl. The gear library component trawls
would soak for no shorter than 3 days and no longer than 30 days.
Gillnets would be consistent with ALWTRP and Harbor Porpoise Take
Reduction Plan regulations. Gillnets would use 15-30.5 centimeter mesh,
would not exceed 3,200 meters, and are estimated to soak for no more
than 24 hours. Any legal catch would be sold to a dealer.
To maximize data collection and participation, ME DMR requests
flexibility to modify the participant vessel list with the ability to
list up to 65 total vessels, consisting of up to 7 gillnet vessels,
with the rest consisting of trap/pot vessels.
ME DMR or partnering organizations and a representative from gear
manufacturers would distribute gear and train all participants on its
use. Scientific observers may accompany the participants on up to two
trips per vessel, within budget and safety limitations. ME DMR would
provide standardized data collection sheets to all participants.
Individually identifiable data would only be made available via consent
of the participants.
ME DMR has proposed the following best practices and risk
management:
<bullet> Buoy lines associated with this project would contain
unique white and blue markings above the required regional markings;
<bullet> Weekly mandatory gear loss reporting;
<bullet> After release, the on demand vertical line would be
retrieved as quickly as possible to minimize time in the water column;
<bullet> Visual right whale sightings would be recorded on data
sheets and fishermen would notify NMFS via email
(<a href="/cdn-cgi/l/email-protection#610f044f13164f121413170418210f0e00004f060e17"><span class="__cf_email__" data-cfemail="87e9e2a9f5f0a9f4f2f5f1e2fec7e9e8e6e6a9e0e8f1">[email protected]</span></a>) or via phone (866-755-6622), or the U.S. Coast
Guard via radio (Channel 16);
<bullet> Typical soak time is anticipated to be less than 14 days
and no longer than 30 days (weather permitting and without unforeseen
circumstances);
<bullet> Project vessels would adhere to a 10-knot (5.1 meters per
second) speed limit when transiting dynamic management areas,
transiting areas closed to vertical lines, and/or whales are observed;
<bullet> Law enforcement agencies, including Maine Marine Patrol
and NOAA Office of Law Enforcement, would be notified of project
participants and activities in advance of the project start date.
Materials related to the redeployment of alternative retrieval gear
systems would be provided along with this notice. Law enforcement would
be able to inspect gear at any time as usual, because at least one
traditional endline would be present at all times. Law enforcement
would be provided with the information necessary to continue relevant
enforcement operations with participant gear;
<bullet> Trap Tracker or an equivalent application would be
utilized for acoustic on-demand retrieval and set positioning details
and would be available to Federal, State, and corresponding enforcement
personnel;
<bullet> Gear locations would be available to those who have
downloaded gear marking applications, but otherwise locations would be
treated with sensitivity to mitigate the possibility of gear
molestation from members of the public who oppose project activities;
<bullet> Project updates would be updated through the ME DMR
website for public awareness of general activities related to this EFP;
and
<bullet> Premature deployments of on-demand gear would be
documented and would be retrieved as soon as circumstances (e.g.,
weather) allow.
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: September 9, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-18629 Filed 9-11-26; 8:45 am]
BILLING CODE 3510-22-P
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