Speargun freedoms: NOAA lets fishers hunt more Atlantic species.
Published Date: 8/14/2026
Proposed Rule
Summary
NOAA is updating fishing gear rules for Atlantic highly migratory species to make fishing easier and more flexible. These changes affect fishermen using buoy gear and spearguns by allowing more species to be caught and expanding permit options. Comments are open until October 13, 2026, so fishers and fans have time to weigh in before the new rules swim into action.
Analyzed Economic Effects
7 provisions identified: 6 benefits, 1 costs, 0 mixed.
Allow power assistance for buoy gear
NMFS proposes to allow the use of power assistance (e.g., electric reels or hydraulic rigs) to deploy and retrieve buoy gear. Estimated equipment costs described in the rule are about $8,000 for an electric reel or about $2,000 for a hydraulic rig.
Authorize buoy gear on more permits (5-buoy limit)
NMFS proposes to authorize buoy gear for holders of the open-access Swordfish General Commercial permit, but those vessels would be limited to possessing or deploying up to 5 buoys each (current other permit holders remain limited to 35 buoys). The rule identifies 619 Swordfish General Commercial permit holders as of December 2024.
Allow retention of BAYS tunas with buoy gear
NMFS proposes to allow BAYS tunas (bigeye, albacore, yellowfin, skipjack) to be retained when caught with buoy gear by certain combinations of commercial limited access swordfish and tuna permit holders (e.g., Swordfish Directed LAP with an Atlantic Tunas Longline category permit or Swordfish Handgear LAP with an Atlantic Tunas General category permit). Vessels holding only tuna permits would remain prohibited from using buoy gear.
Allow certain sharks to be retained on buoy gear
NMFS proposes to allow allowable shark species caught with buoy gear to be retained by Shark Directed LAP, Shark Incidental LAP, Smoothhound Shark permit holders in federal Atlantic and Gulf waters, and HMS CCSB permit holders in the U.S. Caribbean, with existing retention limits and species lists unchanged. The 35-buoy limit is maintained for these permit holders (with a 5-buoy exception when combined with Swordfish General Commercial permit).
Authorize spearguns to sell BAYS tunas
NMFS proposes to authorize speargun fishing gear to retain and sell BAYS tunas consistent with permit retention and size limits for these commercial permits: Atlantic Tunas General category, HMS Charter/Headboat (with commercial endorsement, non-for-hire trips only), and HMS CCSB (U.S. Caribbean only). Existing sale regulations remain unchanged.
Allow small nets for bait collection onboard
NMFS proposes to allow possession and use of small nets and other gear commonly used for bait collection on board HMS fishing vessels (e.g., cast nets and small dipnets), provided the gear is too small and/or too weak to capture HMS. This does not change bait requirements for specific gear areas or prohibitions already in place.
Increase in buoy marking paperwork and costs
Because buoy gear would be authorized for additional permit categories, NMFS proposes to revise OMB Control Number 0648-0373 marking requirements. The rule estimates an increased burden of 619 respondents, 3,095 buoy-marking responses, 774 burden hours (15 minutes per buoy), and $46,425 in marine paint and stencil costs.
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Key Dates
Department and Agencies
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