Magnuson-Stevens Fishery Conservation and Management Act Provisions; Atlantic Coastal Fisheries Cooperative Management 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 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 NOAA Northeast Fisheries Science Center (NEFSC). 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 196 (Tuesday, October 13, 2026)</title>
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[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Notices]
[Pages 64885-64888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20876]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG118]


Magnuson-Stevens Fishery Conservation and Management 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 (GARFO), NMFS, has made a 
preliminary determination that an Exempted Fishing Permit (EFP) 
application contains all 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 NOAA Northeast Fisheries Science Center 
(NEFSC). 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#97f9faf1e4b9f0f6e5b9f2f1e7d7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="fc92919a8fd29b9d8ed2999a8cbc92939d9dd29b938a">[email&#160;protected]</span></a>. Include in the subject line ``NEFSC 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#2a69425843595e43444f046c45584e6a44454b4b044d455c"><span class="__cf_email__" data-cfemail="286b405a415b5c41464d066e475a4c6846474949064f475e">[email&#160;protected]</span></a>, (978) 281-9185.

SUPPLEMENTARY INFORMATION: The NOAA NEFSC submitted a complete 
application for an EFP to conduct commercial fishing activities that 
the regulations would otherwise restrict, to continue trials of on-
demand fishing gear that use one or no surface buoys, and to test the 
ability of gear marking systems to consistently locate gear. This EFP 
would exempt the participating vessels from the following Federal 
regulations:

[[Page 64886]]



                                          Table 1--Requested Exemptions
----------------------------------------------------------------------------------------------------------------
              CFR citation                         Regulation                      Need for exemption
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50 CFR 697.21(b)........................  Gear marking requirements..  For trial of trap/pot gear with no more
                                                                        than one surface marking on trawls of
                                                                        more than three traps, and trial of trap/
                                                                        pot gear with no surface marking on
                                                                        trawls of three or fewer traps.
50 CFR 648.84(b)........................  Gear marking requirements..  For trial of gillnet gear with no more
                                                                        than one surface marking.
50 CFR 648.264(a)(5)....................  Gear marking requirements..  For trial of red crab trap/pot gear with
                                                                        no more than one surface marking on
                                                                        trawls.
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                        Table 2--Project Summary
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project title.....................  Development and trials of on-demand
                                     fishing systems in fixed gear
                                     fisheries.
Project start.....................  01/01/2027.
Project end.......................  12/31/2027.
Project objectives................  This research is designed to help
                                     fishermen test alternatives to
                                     traditional vertical buoy lines and
                                     physical gear markers in fixed gear
                                     fisheries.
Project location..................  Gulf of Maine, Georges Bank,
                                     Southern New England, and Mid-
                                     Atlantic including, but not limited
                                     to Statistical Areas: 511, 512,
                                     513, 514, 515, 521, 522, 525, 526,
                                     537, 538, 539, 561, 562, 621, and
                                     626.
Number of vessels.................  Trap/pot: Up to 90, including up to
                                     5 using grappling;
                                    Gillnet: Up to 10.
Number of trips...................  Trap/pot: Up to 9,500 trips (90
                                     vessels making an average of 1.5
                                     trips/week);
                                    Gillnet: Up to 1,000 trips (10
                                     vessels making an average of 2
                                     trips/week).
Trip duration (days)..............  Variable based on fishery, target
                                     species, and fishing location, but
                                     within the range of standard
                                     commercial fishing trips and
                                     consistent with FMP regulations.
Gear type(s)......................  Lobster traps, deep-sea red crab
                                     pots, fish pots, and anchored-fixed
                                     gillnets.
Number of tows or sets............  Trap/pot: Effort capped at 900
                                     modified trap trawls;
                                    Gillnet: Effort capped at 100
                                     modified gillnet strings.
                                    Per vessel effort will vary by
                                     season, fishing operation, and the
                                     number of active participants, but
                                     will not exceed 20 modified trawls
                                     and/or strings.
                                    In Atlantic Large Whale Take
                                     Reduction Plan (ALWTRP) Restricted
                                     Areas, effort will be limited to
                                     fully on-demand lobster trawls,
                                     fished with no persistent vertical
                                     lines. Vessels will be allowed to
                                     modify up to 20 trawls each, with a
                                     cap of 600 total trawls actively
                                     fished across the Restricted Areas.
Duration of tows or sets..........  Trap/pot: Variable but expected to
                                     be 14 days or less; will not exceed
                                     FMP soak limits;
                                    Gillnet: typical commercial soak
                                     times.
------------------------------------------------------------------------

Project Narrative

    This project is a continuation of DA25-051 to trial on-demand (also 
known as ropeless) fishing systems aimed at reducing the entanglement 
risk to protected species, mainly the North Atlantic Right Whale, in 
trap/pot and gillnet fisheries. DA25-051 authorized on-demand gear 
trials on up to 180 total trap/pot vessels and up to 20 total gillnet 
vessels to replace up to 20 of their existing trawls/strings (up to 
2,000 total trawls/strings) with modified trawls/strings, including in 
the ALWTRP Restricted Areas. DA25-051 expires on December 31, 2026.
    This EFP would allow up to 90 total trap/pot vessels and up to 10 
gillnet vessels to replace up to 20 of their existing trawls/strings 
(up to 1,000 total trawls/strings) with modified trawls/strings, 
including in the ALWTRP Restricted Areas. Modified gear would replace 
one or both traditional end lines with acoustic on-demand systems and 
other alternatives to persistent buoy lines (including, but not limited 
to, spooled systems, buoy and stowed-rope systems, lift-bag systems, 
and grappling).
    The research focus for 2027 includes:
    <bullet> New acoustic releases, stowed rope designs, inflatable 
systems, and emerging technologies will be evaluated as they become 
available. Investigators will work with manufacturers and fishermen to 
test and refine gears and gather data to inform regulators. New 
innovative gears will be tested using hybrid, one end ropeless, 
configurations in areas open to commercial fishing.
    <bullet> New and existing on-demand gear performance will be 
evaluated in varied environmental conditions among varied vessel and 
gear configurations to inform safety decisions and refine reliability 
and operability. Emerging systems designed for deeper waters (>75 
fathoms (137.2 meters)) will be evaluated in terms of reliability and 
operationally feasible.
    <bullet> Data analysis will focus on durability, performance, user 
experience, and additional criteria that could be used to later approve 
innovative gear technologies.
    <bullet> Dedicated research trips will be employed to evaluate 
alternative (digital) gear location marking accuracy and compare gear 
marking methods (manual versus automatic).
    <bullet> Experimental fishing in Restricted Areas will incorporate 
novel on-demand systems and new fishing partners to further assess the 
feasibility and efficiency of fishing fully on-demand trawls. Trials 
will be conducted with a focus on safety (protected species and 
fishermen) and equity (fishermen and manufacturers).
    <bullet> NEFSC will coordinate with Maine's Department of Marine 
Resources and Massachusetts' Department of Marine Fisheries on-demand 
research programs.
    <bullet> Communication efforts will continue to the broader fishing 
community.
    To ensure that on-demand fishing and gear marking technologies are 
adequately tested across the breadth of regional commercial fishing 
conditions, NEFSC requests the flexibility to test on-demand gear 
across the geographic range of the Federal American lobster and Jonah 
crab fishery, including testing fully on-demand gear (no persistent 
vertical lines) in ALWTRP Restricted Areas. It also requests the 
opportunity to trial on-demand gillnet and other trap/pot gear across 
the Gulf of Maine, Georges Bank, Southern New England, and the Mid-
Atlantic. To cover a greater area and target areas where data is 
needed, NEFSC has requested flexibility

[[Page 64887]]

to have greater than 100 participants during the permit period (with 
only 100 fishing at one time). It would provide requested modifications 
to the active participants, general locations, and technologies to be 
tested one month in advance. Priority would be given to participants 
who are seasonally excluded from fishing in certain areas and/or in 
offshore fisheries with limited entanglement mitigation options.
    This permit would only exempt vessels from the specified Federal 
regulations in Federal waters. It would not exempt the vessels from any 
requirements imposed by any State, the Endangered Species Act, the 
Marine Mammal Protection Act, or any other applicable laws. The 
applicant would be responsible for obtaining all required State 
authorizations. Other than gear markings, all trap/pot 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 (number 
and length of trips, soak times, trap limits, etc.).
    The use of on-demand lobster trap gear in the ALWTRP Restricted 
Areas is limited to gear without any persistent vertical lines. The EFP 
would allow vessels to modify up to 20 trawls each, but would cap 
effort to 600 total trawls in the ALWTRP Restricted Areas. If 
necessary, due to a high level of interest and limited capacity, the 
NEFSC may require a demonstrated history of fishing within ALWTRP 
Restricted Areas as a condition for participation in on-demand trials 
in those areas.
    In recognition of industry's interest in grappling as a low-cost 
alternative to acoustic on-demand systems, this project would allow up 
to 5 trap/pot vessels to retrieve up to 20 trawls via grappling; this 
would be a subset of the 90 total trap/pot vessels and the 900 modified 
trap/pot trawls effort cap. This would enable NEFSC to collect data on 
the viability of grappling at a commercial scale. Although no grappling 
trials have occurred to date, four vessels/operators have expressed 
interest in participating in the study. No grappling would be allowed 
in the ALWTRP Restricted Areas.
    In phase one of participation, staff from NEFSC and the gear 
manufacturers would provide training to ensure that the system is 
working as intended and that all participants have sufficient 
experience with the gear before borrowing from the gear cache library. 
In phase two, participating vessels would rig an on-demand system to 
one end of a standard trawl or string and fish it as a hybrid (with one 
traditional surface marking) for at least 10 hauls per system. In phase 
three, participants would fish the gear as part of normal fishing 
operations, including fishing fully on-demand gear and fully on-demand 
trap trawls in the ALTWRP Restricted Areas. In some cases, a scientific 
observer may be on board, and/or GoPro Systems (or equivalent) may 
record gear retrievals. NEFSC would provide standardized data 
collection sheets to all participants, but individually identifiable 
data will only be made public with the express permission of the vessel 
owner.
    NEFSC also plans to include targeted geolocation studies in areas 
with limited trawling and/or dredging to test new location-marking 
systems on the seafloor and automated location-marking when gear is set 
and retrieved. This EFP would support efforts to improve gear-marking 
and gear-conflict avoidance technologies, including testing sub-surface 
gear location vs. surface location where the gear is deployed, and 
other gear marking technologies. This EFP would also continue to test 
the EarthRanger and rmwHub platforms that display gear locations from 
various gear-marking technologies. NEFSC would demonstrate and 
encourage adoption of these technologies with non-participant vessels.
    NEFSC proposes the following best practices and risk reduction 
measures for all vessels:
    <bullet> All vessels would report all right whale sightings to NMFS 
via <a href="/cdn-cgi/l/email-protection#a4cac18ad6d38ad7d1d6d2c1dde4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="335d561d41441d40464145564a735d5c52521d545c45">[email&#160;protected]</span></a> or (866-755-6622) or the U.S. Coast Guard 
(Channel 16) and record sightings on data sheets;
    <bullet> All vessels would retrieve on-demand vertical lines as 
quickly as possible to minimize time in the water column;
    <bullet> All vessels would provide mandatory, weekly gear loss 
reports;
    <bullet> All vessels would operate within a 10-knot (5.14 meters 
per second) speed limit when transiting ALWTRP Restricted Areas or when 
whales are observed;
    <bullet> For fully on-demand gear without traditional surface 
markings, participants would use cloud-based data aggregators to share 
gear locations and orientation details, which would be available to 
Federal, State, and corresponding enforcement personnel, as well as 
other fishermen in proximity to the gear;
    <bullet> For fully on-demand gear without traditional surface 
markings, on-demand vertical lines would be marked with unique orange 
marks above the regional markings, in addition to ALWTRP regulations 
(per agreement with the NMFS Atlantic Large Whale Take Reduction Team 
Coordinator);
    <bullet> When fishing in ALWTRP Restricted Areas, vessels would 
check real-time right whale sightings information (such as Right Whale 
Sightings Advisories and Whale ALERT) before setting any gear and avoid 
areas of high right whale abundance, and all vessels would be 
recommended to follow this process when setting gear outside the ALWTRP 
Restricted Areas;
    <bullet> Enforcement will be provided with and trained on digital 
gear marking systems prior to the start of trials, so they can locate 
research gear;
    <bullet> The NEFSC would continue to provide monthly updates on any 
gear conflicts to GARFO's Sustainable Fisheries Division.
    Vessels fishing fully on-demand lobster trap trawls in seasonal 
Restricted Areas will be required to follow additional practices:
    <bullet> All participants will be trained by NEFSC on-demand gear 
experts and gear manufacturers and achieve a sufficient level of 
experience with the gear based on NEFSC's standard three-phase training 
protocol (described above) prior to Restricted Area fishing;
    <bullet> Participants will carry a NEFSC scientist on a subset of 
trips to overs trial performance and collect additional data;
    <bullet> An NEFSC-issued research flag will be flown by each 
vessel;
    <bullet> No floating groundline will be used on research trawls, 
including where otherwise legally allowed between the first trap and 
anchor or on-demand unit;
    <bullet> Project vessels will operate within a 10-knot vessel speed 
limit in the Restricted Areas;
    <bullet> If any large whale species comes within 500 yards of a 
participating vessel during hauling, fishing will immediately cease, by 
either removal or resetting, and be reinitiated only after it was 
reasonable to assume the whale(s) has left the area;
    <bullet> Participants will be provided with information on species 
identification as well as protocols to report live, dead, or entangled 
sightings of all large whale species. All whale sightings will be 
recorded on data sheets.
    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

[[Page 64888]]

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. 2026-20876 Filed 10-9-26; 8:45 am]
BILLING CODE 3510-22-P


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