On October 29, 2024, NOAA Fisheries published a final rule implementing Framework Adjustment 16 to the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). Among other measures, this rule created a new volumetric hold baseline requirement for limited access Illex squid permits (SMB Category 5). A similar volumetric hold baseline requirement was implemented for Tier 1 and Tier 2 Atlantic mackerel permit holders (SMB Category T1 or T2) in 2011 through Amendment 11 to the Mackerel, Squid, and Butterfish FMP.
What do you need to do?
If you are the owner of a limited access Illex squid permit that is not in confirmation of permit history (CPH), you must have your vessel’s fish hold capacity certified by a qualified individual or entity. You must submit your vessel’s fish hold capacity measurement, including a signed certification by the qualified individual or entity, to NOAA Fisheries (see “Who should you contact?” below) by November 28, 2025.
What if your permit is in CPH?
If your limited access Illex squid permit is in CPH, no action is necessary at this time - you do not need to remove it from CPH before November 28, 2025, and you do not need to submit a certified fish hold capacity measurement to NOAA Fisheries by November 28, 2025. However, if/when you eventually do take your permit out of CPH, you will need to submit a certified fish hold capacity measurement and have a volumetric hold baseline on file for that permit before you can fish under it.
There are two options for establishing a volumetric hold baseline for a limited access Illex permit that is in CPH:
- You may choose to establish your volumetric hold baseline based on the first replacement vessel greater than 20 ft after the permit is removed from CPH. At that point, the fish hold of your replacement vessel would need to be certified by a qualified individual or entity, and that measurement would need to be submitted to NOAA Fisheries to establish your volumetric hold baseline.
- You may choose to establish your volumetric hold baseline based on the vessel immediately preceding the permit’s placement into CPH. In order to do this, you would need to have obtained an appropriate fish hold capacity measurement for that vessel before the permit went into CPH, and that measurement would need to be submitted to NOAA Fisheries to establish your volumetric hold baseline.
If your permit is not currently in CPH, can you move it to CPH before November 28, 2025?
Yes, you can move your limited access Illex squid permit into CPH before November 28, 2025. If your permit is in CPH as of November 28, 2025, you do not need to submit a certified fish hold capacity measurement to NOAA Fisheries by that deadline. If/when you are ready to take your permit out of CPH, you must use one of the options described above in order to establish the volumetric hold baseline for that permit.
Can you upgrade your vessel before establishing the volumetric hold baseline requirement for your Illex permit?
Yes, you can upgrade your vessel’s hold capacity (through refitting or replacement*) before November 28, 2025, and use the upgraded vessel’s specifications in order to establish the volumetric hold baseline for your limited access Illex squid permit.
*Consistent with existing restrictions on replacements of vessels that have been issued any limited access permit.
What are the limits to vessel upgrades after your baseline has been established?
If you upgrade your Illex squid vessel (through refitting or replacement) after November 28, 2025, the modified fish hold or the fish hold of your replacement vessel must be certified by a qualified individual or entity and that measurement must be submitted to NOAA Fisheries. Your upgraded vessel’s hold capacity may not exceed your volumetric hold baseline by more than 10 percent. This is similar to the length and horsepower upgrade restrictions that are already in place for all Greater Atlantic Region limited access permits, and the mackerel hold upgrade restrictions that are in place for Tier 1 and Tier 2 Atlantic mackerel permits.
If your replacement vessel already has an appropriate fish hold capacity measurement available, you may submit that information to NOAA Fisheries (rather than obtaining a new measurement).
What if you already have a hold capacity baseline associated with a limited access Atlantic mackerel permit?
If your vessel already has a volumetric hold baseline related to a Tier 1 or Tier 2 Atlantic mackerel permit, you may use that baseline for your limited access Illex squid permit as well. If you wish to do this, contact NOAA Fisheries to confirm your choice by November 28, 2025 (see “Who should you contact?” below).
If you choose not to use the volumetric hold baseline associated with your mackerel permit in order to satisfy your Illex squid permit requirement (e.g., if you wanted to upgrade your vessel before establishing the volumetric hold baseline for your Illex permit), you could submit a new certified fish hold capacity measurement to NOAA Fisheries in order to establish the volumetric hold baseline associated with your limited access Illex squid permit on or before November 28, 2025. However, if you choose to do this, keep in mind that your Illex volumetric hold capacity measurement cannot exceed your mackerel volumetric hold baseline by more than 10 percent. If your Illex volumetric hold is larger than your mackerel volumetric hold baseline, the mackerel baseline will remain unchanged because it was created in a previous action and therefore cannot be increased. Additionally, the upgraded vessel could not exceed the vessel horsepower baseline by more than 20 percent, or your vessel length baseline by more than 10 percent for your existing limited access permits.
What happens if you fail to establish a hold capacity baseline?
If your permit is not in CPH and you have not submitted a certified fish hold capacity measurement to NOAA Fisheries by November 28, 2025, the volumetric hold baseline associated with your limited access Illex squid permit will, by default, need to be established based on your vessel at that time, and future annual permit renewals will be deemed incomplete and not issued until the necessary certified fish hold capacity measurement for that vessel is received.
Who should you contact?
For questions about permits, or to submit your certified fish hold capacity measurement to NOAA Fisheries, please contact:
- Ted Hawes: Ted.Hawes@noaa.gov; 978-281-9296.
For regulatory questions, please contact:
- Maria Fenton: Maria.Fenton@noaa.gov; 978-281-9196.
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
