Pacific Fishermen Gain Gear Freedom and Fee Program
Published Date: 4/17/2026
Proposed Rule
Summary
The new rules affect fishermen using limited entry fixed gear permits on the Pacific Coast. They’ll get more freedom with their gear and fishing times, plus a new cost recovery program will help cover management expenses. Comments are open until May 18, 2026, so now’s the time to weigh in!
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Allow any legal non-trawl gear
If you hold a limited entry non-trawl (LEFG) permit, you would be allowed to use any legal non-trawl groundfish gear to harvest your LEFG sablefish tier limits and groundfish trip limits, except entangling nets (including set nets, gillnets, and trammel nets). The rule replaces the term "fixed gear" with "non-trawl," keeps gear endorsements permanent on permits, and removes crossover provisions to reduce regulatory complexity.
Observer notification time increased
If your vessel carries an observer, you must notify NMFS 48 hours before your intended departure and identify the gear you will use; this replaces the current 24-hour notification requirement. The change is in the notice-of-departure rule and applies to vessels carrying observers.
Remove base-permit designation
The rule removes the "base permit" definition and the requirement to designate a base permit for LEFG permits (the definition is removed from Sec. 660.11 and related language removed from Sec. 660.25). NMFS and the Council say removing this designation eliminates a duplicative administrative burden on permit owners and staff.
Remove time-of-day from season dates
For the limited entry non-trawl sablefish primary season north of 36° N latitude, the rule removes the specific time-of-day language ("noon local time") while keeping the season start and end days as April 1 and December 31. This change eliminates hour-of-day specifications for the open dates of the primary season.
New sablefish cost-recovery fees (max 3%)
If your vessel lands sablefish in the limited entry non-trawl (tier) primary fishery, the vessel owner or authorized representative must pay an annual cost-recovery fee equal to the annual fee percentage multiplied by the ex-vessel value of applicable landings; the fee percentage is calculated as direct program costs divided by fishery ex-vessel value and may not exceed 3 percent. NMFS will calculate and notify the public of the annual fee percentage in the first quarter before the season start on April 1; fees are collected at landing, NMFS will issue an annual bill due 30 calendar days after the bill date (payments via pay.gov by credit card or ACH), failure to pay can trigger an Initial Administrative Determination with a 30-day response period and penalties if unpaid (including potential bar from fishing in the sablefish tier until liability is satisfied). The rule also requires payment before a vessel may be registered to any limited entry non-trawl permit with a sablefish endorsement, directs NMFS to use PacFIN fish ticket data to calculate ex-vessel value, and adds the cost-recovery collection to OMB Control No. 0648-0663 with at most 164 new respondents (likely ~100) at 1 hour per annual response, adding about 100 hours to the annual paperwork burden.
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Key Dates
Department and Agencies
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