Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits

Issuing agencies

Abstract

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region (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. 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.

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<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
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[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Notices]
[Pages 64882-64884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20874]



[[Page 64882]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG111]


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 Region (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. 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 October 28, 2026.

ADDRESSES: You may submit written comments by email: 
<a href="/cdn-cgi/l/email-protection#cca2a1aabfe2abadbee2a9aabc8ca2a3adade2aba3ba"><span class="__cf_email__" data-cfemail="f7999a9184d9909685d9929187b799989696d9909881">[email&#160;protected]</span></a>. Include in the subject line ``surfclam EFP 
economic assessment.'' 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: Ryan Silva, Supervisory Fishery Policy 
Analyst, <a href="/cdn-cgi/l/email-protection#d7a5aeb6b9f9a4bebba1b697b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="53212a323d7d203a3f2532133d3c32327d343c25">[email&#160;protected]</span></a>, 978-281-9326.

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 648.370(h)...............  Habitat Management  To fish with
                                   Areas (HMA)--       hydraulic clam
                                   prohibition on      dredges in the
                                   using bottom-       project area.
                                   tending mobile
                                   gear.
50 CFR 648.14(j)(2)(iii)........  Prohibition         Participating
                                   against             vessels are not
                                   offloading          capable of
                                   unshucked           carrying cages
                                   surfclams or        and ports do not
                                   ocean quahogs       have the
                                   from vessels not    infrastructure to
                                   capable of          safely offload
                                   carrying cages.     into cages.
50 CFR 648.14(j)(3)(vi).........  Prohibition         Participating
                                   against landing     vessels will use
                                   or possessing,      alternate/smaller
                                   after offloading,   sized containers
                                   any cage holding    and alternate
                                   surfclams or        tags and will not
                                   ocean quahogs       be tagging as
                                   without a cage      required in Sec.
                                   tag required by      648.77.
                                   Sec.   648.77.
50 CFR 648.77(a)................  Cage tag            The tags will not
                                   requirements.       be in increments
                                                       of 60 ft\3\ (32
                                                       bushels); the
                                                       landing
                                                       containers will
                                                       be tagged in 16-
                                                       bushel
                                                       increments.
------------------------------------------------------------------------


                        Table 2--Project Summary
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Applicant.........................  Red's Best, LLC.
Project title.....................  Economic Impact Assessment of the
                                     Great South Channel Habitat
                                     Management Area Closure on Small-
                                     Vessel Massachusetts Surfclam
                                     Fishermen: A Comparative Yield and
                                     Revenue Study.
Project start.....................  Requested as soon as possible.
Project end.......................  3/31/2029, with annual EFP renewal.
Project objectives................  1. Generate an economic dataset
                                     comparing small-vessel surfclam
                                     fishing productivity inside and
                                     outside of the Great South Channel
                                     (GSC) HMA.
                                    2. Assess the spatial distribution
                                     and density of surfclams in the GSC
                                     HMA research exemption areas.
                                    3. Assess the benefits of smaller
                                     surfclam catch volume units.
Project location..................  Statistical areas 521, 526.
Number of vessels.................  1-4.
Number of trips...................  200.
Trip duration (days)..............  1.
Total number of days..............  200.
Gear type(s)......................  Hydraulic clam dredge.
Number of tows or sets............  30.
Duration of tows or sets..........  15-30 minutes.
------------------------------------------------------------------------

Project Narrative

    The subject EFP application is proposed in the broader context of 
ongoing discussions regarding access by the surfclam fishery to 
historical fishing grounds in the GSC HMA, which was curtailed through 
the Council's Omnibus Habitat Amendment 2. The surfclam industry has 
since sought to re-gain access to this area, which was partially 
accommodated in 2020 through the Clam Dredge Framework that established 
three exemption areas within the GSC HMA where surfclam fishing is 
allowed. In addition, the Rose and Crown and Davis Bank East were 
informally designated as research exemption areas, and considered 
candidate areas where bottom tending mobile gear could be used in 
support of GSC HMA research priorities. The Council is currently 
assessing the effectiveness of the exemption area program, and may 
consider further changes to the GSC HMA in 2027.
    The EFP applicant is proposing to assess the economic viability of 
the surfclam resource in the GSC HMA research exemption areas Rose and 
Crown and Davis Bank East, and contrast this with the surfclam resource

[[Page 64883]]

in surrounding waters outside of the HMA that are currently open to the 
surfclam fishery. A secondary objective is to generate a standardized 
spatial dataset on surfclam distribution patterns, size structure, and 
catch per unit effort (CPUE) within the Rose and Crown and Davis Bank 
East research exemption areas. The applicant states that data generated 
by this EFP would provide the empirical baseline needed to assess the 
socioeconomic impacts of the GSC HMA. Specifically, this information 
could contribute directly to the Council's exemption area review by 
filling data gaps concerning small-vessel operational viability and 
surfclam distribution, in support of future consideration for exemption 
area changes.
    The applicant is requesting that 1-4 vessels be authorized to take 
up to 200 trips inside the Rose and Crown and Davis Bank East (test 
areas), to be compared with approximately 200 trips outside the HMA 
(control area) over the course of the 2.5-year study. If approved, the 
EFP would be re-issued on an annual basis, pending progress on project 
objectives. The same vessels, operators, and gear would fish 
approximately equal effort in each area. The applicant states that 400 
total trips would provide a sufficient number of data points to 
establish commercial viability thresholds across seasonal, depth, and 
vessel-capacity strata. Participating vessels would land up to the 
equivalent of 16 cages of surfclams per trip. Control fishing would 
occur within Massachusetts state waters east and southeast of Cape Cod, 
and proximal Federal waters outside of the HMA, and test area fishing 
would occur within the GSC HMA Rose and Crown and Davis Bank East 
exemption areas. Vessels would not fish in control and test areas on 
the same trip.
    Bushels per hour of active towing and swept area (the productivity 
rate metric), and pounds of shucked meat per bushel of live surfclams 
landed (the yield-quality metric), are the two primary metrics 
collected under this EFP that would be used to compare economic 
productivity of the control and test areas. For each tow, vessel 
operators and/or sea technicians would record:
    <bullet> Tow fishing start and end time (to the minute);
    <bullet> Tow speed over ground;
    <bullet> Start and end coordinates;
    <bullet> Bushels of surfclams estimated at time of sorting;
    <bullet> Number of cages filled and cage tag numbers (or alternate 
volume unit and tag numbers);
    <bullet> Sediment type as observed in dredge bag contents (sand, 
gravel, shell hash, mud, cobble);
    <bullet> Any notable changes in bottom composition or structure 
across tows; and
    <bullet> Species identity and estimated weight of all non-target 
species (bycatch).
    For each trip landing under the EFP, the following will be 
recorded:
    <bullet> Total bushels of live surfclams landed;
    <bullet> Percentage of clams live vs. broken or damaged at time of 
offloading;
    <bullet> Ex-vessel price per bushel (market price on date of 
landing);
    <bullet> Gross ex-vessel revenue;
    <bullet> Pounds of shucked meat produced per bushel of live weight;
    <bullet> Dredge specifications (blade width, bar spacing); and
    <bullet> Total hours of active towing.
    To assess the spatial distribution and density of surfclams in the 
GSC HMA Rose and Crown and Davis Bank East research exemption areas, 
the applicant is proposing to conduct approximately 35, 15-minute 
standardized tows during test area fishing trips at pre-determined 
station locations that follow a fixed grid design. At least one 
standardized tow would be occupied per exempted trip until all stations 
are sampled. Vessel operators would have discretion to perform the tow 
within 1 nautical mile of the station location to accommodate obstacles 
or un-towable bottom. The operator would note when the tow locations 
deviate from the sampling plan, and why.
    Tow location, duration, total catch in bushels, and a one-bushel 
surfclam subsample would be recorded for each tow to characterize 
surfclam distribution patterns across the test areas. Vessels would use 
their commercial dredge to conduct standardized tows. Each surfclam in 
the sub-sample would be measured to the nearest 5 millimeters. The sub-
sample would either be measured at sea, or separated and measured 
shoreside. The applicant notes that this dataset would not replace a 
formal fishery-independent survey, but would provide valuable 
information on the distribution of the surfclam resource in the test 
areas.
    At the conclusion of each season and upon EFP expiration, the 
following analysis would be performed:
    <bullet> Productivity comparison: Mean bushels per hour of active 
towing and swept area in control area trips vs. test area trips, with 
confidence intervals;
    <bullet> Meat yield comparison: Mean pounds of shucked meat per 
bushel for control vs. test area landings;
    <bullet> Revenue-per-trip comparison: Mean gross ex-vessel revenue 
per trip in control vs. test areas, controlling for trip duration and 
market price variation;
    <bullet> Summary of CPUE and catch composition from commercial tows 
by sub-area and depth stratum within the GSC HMA test areas;
    <bullet> Spatial distribution and density of surfclams by size 
class caught during standardized tows;
    <bullet> Annualized fleet-level economic impact: Using the observed 
productivity differential and publicly available data on the number of 
small-vessel Massachusetts surfclam permit holders, estimate the 
aggregate annual economic loss to the fleet attributable to the GSC HMA 
restrictions; and
    <bullet> Cost-benefit framing: Present the annualized economic cost 
of the closure against the available scientific literature on habitat 
recovery rates and the habitat protection benefit provided by excluding 
the small-vessel fleet.
    The applicant and partner vessels would adhere to the following 
reporting schedule:
    <bullet> Trip-level data sheets and Vessel Trip Reports;
    <bullet> Vessel Monitoring System trip declaration using the GSC 
HMA EFP project code for every EFP trip;
    <bullet> Weekly dealer reports;
    <bullet> Interim progress report with preliminary economic analysis 
submitted to GARFO every 90 days after commencement of EFP fishing; and
    <bullet> Final economic impact report submitted to GARFO within 30 
days of EFP expiration, summarizing productivity data, meat yield data, 
revenue comparisons, fleet-level economic impact estimates, spatial 
CPUE characterization, and recommendations regarding small-vessel 
access in the GSC HMA.
    The final report will be made available to New England and Mid-
Atlantic Fishery Management Councils, and GARFO, for review and use in 
future Council deliberations regarding the GSC HMA.
    The applicant has also requested authorization to use alternatives 
to the industry-standard 32-bushel cages and cage tags. The exemption 
would follow the EFP issued to the Cape Cod Commercial Fisherman's 
Alliance (EFP #25056), which is developing alternative volume landing 
units more suitable to smaller surfclam vessels. Participating vessels 
could use two alternative landing containers: a standard-size fish vat 
(internal measurements: 44 inch x 39 inch x 27 inch; 1.12 meter (m) x 
0.99 m x 0.69 m) capable of holding 16 bushels (0.85 m\3\); and a 
standard-size stackable fish tote

[[Page 64884]]

(internal measurements: 25 inch x 15.8 inch x 10.2 inch; 0.64 m x 0.40 
m x 0.26 m) capable of holding 1.5 bushels (0.08 m\3\). One alternative 
denomination of a 16-bushel tag would be used, either on a fish vat or 
on a pallet of ten 1.5-bushel totes. The applicant would work with 
GARFO and the National Band and Tag Company to convert standard cage 
tags into the alternative tag denomination.
    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: October 8, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-20874 Filed 10-9-26; 8:45 am]
BILLING CODE 3510-22-P


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