Greater Atlantic Exempted Fishing Permit Program

Online applications are submitted through our Fish Online. We will contact you after you submit your application so you know who is processing your request and to answer any questions you have.  Visit our Exempted Fishing Permit Program Inventory for a list of projects we support.  

Exempted Fishing Permit

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An Exempted Fishing Permit (EFP) is a permit issued by the Greater Atlantic Regional Fisheries Office (Regional Office) that authorizes fishing activities that would otherwise be prohibited under fishery management plan regulations at 50 CFR part 648 or part 697. EFPs are issued for an array of activities in support of fisheries-related research and/or the development of new fishery management measures. Anyone that intends to engage in an activity that would be prohibited under these regulations (with the exception of scientific research on a scientific research vessel, and exempted educational activities) is required to obtain an EFP prior to commencing the activity.   

Review Timeline

An EFP application should be submitted at least 60 days before the desired effective date. If you submit your EFP application less than 60 days before needed, you may not receive it in time. Please make sure you have submitted all of the required material in your initial application. Our 60-day target for processing EFP applications does not begin until we have a complete application. Applicants should also be aware that large scale projects, projects with uncertain resource impacts, or controversial exemption requests may take longer than 60 days to process.  

Application Review and Issuance

We review each application to ensure it contains all of the required information and constitutes an activity appropriate for further consideration. The application should demonstrate that the proposed activity supports fishery management objectives and science needs. If we find that the application does not warrant further consideration, both the applicant and the affected fishery management council will be notified in writing of the reasons for the decision. If we determine that an application warrants further consideration, notification of receipt of the application will be published in the Federal Register with a description of the proposal, and be open for a 15-day comment period. In addition to soliciting comment on the EFP proposal, we conduct required analyses and consultations to assess potential impacts of the proposal under the Magnuson-Stevens Act, National Environmental Policy Act, and Endangered Species Act. Applicants may be required to assist in the preparation of these analyses.

The Regional Administrator makes the determination on whether to approve or deny the EFP request. If approved, the Regional Administrator will attach terms and conditions to the EFP, consistent with the purpose of the exempted fishing and as otherwise necessary for the conservation and management of the fishery resources and the marine environment. EFPs often include additional vessel operator reporting requirements that must be followed when operating under the EFP. EFP recipients and vessel operators must sign the EFP acknowledging the terms and conditions, and are responsible for adhering to these terms and conditions. Failure to do so may result in permit revocation. Federally permitted operators and vessels undergo a regulation compliance history check, and may be withheld from the EFP if there is a history of violations that exceed thresholds established by the Regional Office.

Letter of Acknowledgement 

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A Letter of Acknowledgement (LOA) acknowledges certain activities as scientific research conducted from a scientific research vessel. Scientific research activities are activities that would meet the definition of fishing under the Magnuson-Stevens Act, but for the statutory exemption provided for scientific research. Such activities are exempt from regulations promulgated under the Magnuson-Stevens Act, provided they continue to meet the definition of scientific research activities conducted from a scientific research vessel. Although the LOA is not required for scientific research, obtaining an LOA serves as a convenience to the researcher, the vessel(s), NOAA Fisheries, the NOAA Office of Law Enforcement, and the U.S. Coast Guard, to establish that the activity is indeed exempt from the provisions of the Magnuson-Stevens Act. Obtaining an LOA may prevent work interruptions resulting from enforcement inquiries.

To meet the definition of a scientific research vessel, the vessel must be conducting a scientific research activity and be under the direction of one of the following: Government agency; university (or other educational institution accredited by a recognized national or international accreditation body); international treaty organization; or scientific institution. In order to meet this definition, vessel activity must be dedicated to the scientific research activity, and cannot include commercial fishing.  Fishing vessels may serve as a scientific research vessel while performing the scientific research activity under the direction of one of the listed entities. 

Scientific research activity includes, but is not limited to, sampling, collecting, observing, or surveying the fish or fishery resources within the Exclusive Economic Zone. Research topics include taxonomy, biology, physiology, behavior, disease, aging, growth, mortality, migration, recruitment, distribution, abundance, ecology, stock structure, bycatch or other collateral effects of fishing, conservation engineering, and catch estimation of fish species considered to be a component of the fishery resources.

An LOA is separate and distinct from any permit or consultation required under the Marine Mammal Protection Act, the Endangered Species Act, state regulations, or any other applicable law. 

Review Timeline

LOA applications should be submitted at least 30 days prior to the start of the research activity.

Application Review

When reviewing an LOA application, the Regional Administrator or designee shall consider the following:  The merits of the individual proposal and the institution(s) involved; whether the proposed activity meets the definition of scientific research activity; and whether the vessel meets all the requirements for a scientific research vessel.  Federally permitted operators and vessels undergo a regulation compliance history check, and may be withheld if there is a history of violations that exceed thresholds established by the Regional Office.

Temporary Possession Permit

Temporary Possession Permits authorize a federally permitted fishing vessel that is accompanied by an eligible research technician to temporarily retain fish that are not compliant with applicable fishing regulations for the purpose of collecting catch data. Example regulations include minimum fish sizes, species under quota closures, and fish possession limits. All such fish are returned to the sea as soon as practicable following data collection. 

To be eligible for a Temporary Possession Permit, a vessel must have on board a trained fishery research technician that is an acknowledged representative of one of the following: Government agency; university (or other educational institution accredited by a recognized national or international accreditation body); international treaty organization; or scientific institution. 

Review Timeline

Applications should be submitted 30 days prior to the start of the sampling activity.

Exempted Educational Activity Authorization

An Exempted Educational Activity Authorization (EEAA) authorizes an educational institution to fish for species managed under a fishery management plan and/or in federal waters in support of an educational activity. 

Review Timeline

Applications should be submitted 30 days prior to the start of the exempted educational activity.

Application Requirements

We need a complete application in order to process your request. Most of this information will be captured on the Fish Online application form. However, additional detail is typically needed, and can be included in a separate document that you will upload to Fish Online and attach to your application form.

The following information is needed to process your application: 

• Applicant name, mailing address, email address, and telephone number.
• Project title.
• Project start and end date (note: permits are typically limited for up to one year).
• Project field start and end date
• A statement of the purpose and goals of the activity.
• Location where the activity will occur (e.g., statistical area, closed area).
• The type of gear to be used, and description of effort (number of tows/sets, tow/set duration, number of trips, and trip duration).
• A description of the catch sampling protocol and personnel that will conduct sampling.
• The species (target and incidental) expected to be caught, the amount(s) of such catch necessary to conduct the activity, and the disposition of catch.
• A list of regulatory exemptions needed. Note: These permits and acknowledgements only apply to regulations promulgated under the Magnuson Stevens Act and Atlantic Coastal Act, and do not waive any requirement established under other statutes (e.g., state law, Endangered Species Act, and Marine Mammal Protection Act). Exemptions from highly migratory species regulations must contact the Atlantic Highly Migratory Species Division.
• Vessel and vessel operator information (names, vessel and operator permit numbers, and US Coast Guard or state registration numbers). Note: all vessel and vessel operators undergo a fishery regulation violation history check, which may result is a vessel and/or operator from being excluded from the permit.
• Applicant signature.

Contact us

Please contact us with any questions: nmfs.gar.researchpermit@noaa.gov, (978) 281-9355.