Massachusetts Fishermen Seek Rule-Breaking Permit for Science
Published Date: 12/5/2025
Notice
Summary
The Massachusetts Division of Marine Fisheries wants special permission to test new fishing gear that doesn’t follow some usual rules, like using no surface buoys. This could help improve fishing methods and safety for federally permitted vessels. People have until December 22, 2025, to share their thoughts before a final decision is made.
Analyzed Economic Effects
7 provisions identified: 5 benefits, 2 costs, 0 mixed.
Temporary access to restricted areas
Selected federally permitted Massachusetts lobster trap vessels may fish in certain seasonal Restricted Areas from February 1, 2026 through May 15, 2026. The project would allow up to 50 vessels to make up to 700 one-day trips, with up to 20 sets per trip (up to 14,000 total sets).
Exemption from surface-buoy marking rule
The EFP requests an exemption from 50 CFR 697.21(b)(2) to allow testing of trap/pot trawls with no surface markings (fully ropeless) for trawls of more than three traps in the restricted areas. The exemption would permit use of modified trawls without persistent vertical lines during the trial period.
On-demand gear purchase reimbursements available
Participants may use privately owned on-demand gear purchased with their own funds or gear purchased through reimbursements from an on-demand grant program operated by the Massachusetts Division of Marine Fisheries. The notice says participants may be reimbursed through that MA DMF grant program.
Gear-location sharing via EarthRanger required
Participants must virtually mark each end of their trawls using the on-demand system and integrate gear-marking with the EarthRanger cloud database so EarthRanger users can see all set on-demand gear within 5 miles. MA DMF will also have access to all on-demand set locations through EarthRanger.
EFP does not waive other laws or state permits
The permit would only exempt vessels from the specified Federal regulation in Federal waters; it would not exempt vessels from any state requirements, the Endangered Species Act, the Marine Mammal Protection Act, or other laws. The applicant would be responsible for obtaining any required state authorizations.
Operational safety and reporting requirements
Participating vessels must follow risk-reduction practices such as reporting all right whale sightings, retrieving on-demand lines quickly, adhering to a 500-yard approach buffer, stopping hauling if a whale is within 500 yards, maintaining a 10-knot speed limit in Restricted Areas, and providing weekly gear loss reports. MA DMF will provide monthly gear conflict/loss reports to NMFS and law enforcement will be notified of participants.
Confidential collection of some deployment and catch data
MA DMF may collect data considered confidential — including on-demand specific deployment locations and catch information — and those confidential data will not be made public. Standardized data collection sheets will be provided to participants.
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