Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits

[Federal Register Volume 91, Number 73 (Thursday, April 16, 2026)]
[Notices]
[Pages 20416-20417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
    •  Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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.
    •  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 
https://www.regulations.gov 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, Chris.Fanning@noaa.gov.

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\ https://www.pcouncil.org/documents/2026/02/g-3-attachment-1-draft-efp-pier-hookless-gear.pdf/.
    \2\ 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/.

[FR Doc. 2026-07390 Filed 4-15-26; 8:45 am]
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