Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
Published Date: 2/2/2026
Notice
Summary
The National Marine Fisheries Service is reviewing two special fishing permit requests to try new ways of catching swordfish and other fast-moving fish off the U.S. West Coast. These permits would let fishermen use different gear than usual to see if it works better. If you have thoughts, you’ve got until March 4, 2026, to share them—this could change how fishing happens and impact local fishing businesses.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Exempted Fishing Permits to Test New Gear
The National Marine Fisheries Service (NMFS) is considering two exempted fishing permit (EFP) applications to let West Coast fishermen test alternative gear to harvest swordfish and other highly migratory species off the U.S. West Coast. The Pacific Fishery Management Council reviewed and recommended these EFPs on November 17, 2025; NMFS is requesting public comment and may change how fishing is done, which could affect local fishing businesses.
Shallower Hooking Depths Allowed for Testing
The multi-species extended linked buoy gear (MSXLBG) EFP would seek flexibility to set hooks both deeper and shallower than current limits, including allowing targeting at depths shallower than 100 meters, and to test variations in hook depth, set time, bait type, hook size, and light placement as part of a modified XLBG EFP.
Night-Set Buoy Gear: Night Deployment Flexibility
The night-set buoy gear (NSBG) EFP requests an exemption from the rule that prohibits deploying deep-set buoy gear until local sunrise and requires retrieval no later than 3 hours after local sunset, and also requests flexibility to use standard or linked buoy gear at night to target depths shallower than 90 meters.
EFP Vessels Still Subject to Protected-Species Rules
Vessels operating under any issued EFP would still be required to follow all other regulations 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.
Public Comment Deadline for Stakeholders
NMFS is accepting public comments on these EFP applications and the Council recommendations; comments must be submitted by March 4, 2026, using regulations.gov (NOAA-NMFS-2026-0133) or by mail to NMFS West Coast Region in Long Beach, CA.
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