Feds Plan Whale-Saving Tweaks to East Coast Fishing Rules
Published Date: 8/17/2026
Notice
Summary
NMFS intends to prepare an environmental analysis in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts of alternatives to amend the Atlantic Large Whale Take Reduction Plan (Plan) if determined to be necessary to reduce mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. This notice of intent informs the public of an upcoming scoping period to solicit input on potential efforts to reduce the risk of entanglement to right, humpback (Megaptera novaeangliae), and fin whales (Balaenoptera physalus) in U.S. East Coast commercial trap/pot and gillnet fishing gear while stabilizing the economic viability of the U.S. commercial fishing industry, protecting coastal community heritage, and minimizing regulatory burdens to meet statutory requirements under the Marine Mammal Protection Act (MMPA) and other laws as well as administration priorities. A complete list of fisheries regulated by the Plan is included below. This Notice of Intent (NOI) initiates the scoping process, an early and open step designed to determine the scope of issues to be addressed in depth within the environmental analysis. This document is not a notice of proposed rulemaking.
Analyzed Economic Effects
5 provisions identified: 0 benefits, 5 costs, 0 mixed.
Family Fishing Businesses Face Severe Strain
If you run a family-owned commercial trap/pot or gillnet fishing business along the U.S. East Coast, proposed Plan modifications could cause severe economic strain on your business as agencies consider measures to reduce whale entanglements. NMFS plans Team meetings in 2026–2027, an environmental analysis by late 2027, and a Record of Decision in late 2028 to meet the Congressional timeline for rules effective by December 31, 2028.
Seasonal Closures and Effort Limits Could Cut Profits
The scoping lists measures such as shorter soak times, daytime-only fishing, line or gear caps, and seasonal restricted areas that could limit fishing access. The notice says these actions may lead to reduced catches and "reduced profit due to reduced catches," and they are being considered in the environmental analysis that aims to produce actions by late 2028.
New Gear Costs and Marking Requirements
If you fish with traps/pots or gillnets, you could face extra costs to buy new gear or to modify and mark existing gear, because the Plan scoping explicitly lists "costs associated with the purchase of new gear" and "additional costs and labor to modify gear configurations and gear markings." These changes are being analyzed through late 2027 and a decision is expected in late 2028.
More Labor Time and Safety Hazards Retrieving Gear
Some gear modifications under consideration could increase the time it takes to retrieve gear, which the notice says may raise labor costs and create safety hazards for fishers. NMFS will analyze these effects during scoping and the environmental review through late 2027.
Threats to Coastal Fishing Community Heritage
The notice says Plan changes intended to reduce whale entanglements may threaten the cultural heritage of coastal fishing communities by altering how people fish and the local way of life. NMFS is soliciting public input through October 16, 2026, as part of scoping to evaluate these kinds of impacts.
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