Exempted Fishing Permits and Scientific Research Acknowledgments

Online applications are submitted through our Fish Online portal. For help with Fish Online, please contact our Helpdesk at (978) 281-9355. We will contact you after you submit your application so you know who is processing your request.

Exempted Fishing Permit

An Exempted Fishing Permit (EFP) is a permit issued by the Greater Atlantic Regional Fisheries Office (Regional Office) that authorizes a fishing vessel to conduct fishing activities that would otherwise be prohibited under the regulations at 50 CFR part 648 or part 697. Generally, EFPs are issued for activities in support of fisheries-related research, including landing undersized fish or fish in excess of a possession limit for research purposes, seafood product development and/or market research, compensation fishing, and the collection of fish for public display. 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

The Regional Administrator will review each application and make a preliminary determination on whether the application contains all of the required information and constitutes an activity appropriate for further consideration. If the Regional Administrator finds that any application does not warrant further consideration, both the applicant and the affected Council(s) will be notified in writing of the reasons for the decision. If the Regional Administrator determines that an application warrants further consideration, notification of receipt of the application will be published in the Federal Register with a brief description of the proposal. There will be a 15- to 45-day comment period on the notice of receipt of the EFP application.

As soon as practicable after considering comments and conducting required analyses and consultations (e.g., NEPA, EFH, ESA and MMPA), the Regional Administrator will make a 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. 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.

Letter of Acknowledgement

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 Fishery Conservation and Management Act (Magnuson-Stevens Act), but for the statutory exemption provided for scientific research. Such activities are exempt from any and all 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.

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

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: 

• Foreign government agency
• U.S. Government agency
• U.S. state or territorial agency
• University (or other educational institution accredited by a recognized national or international accreditation body)
• International treaty organization
• Scientific institution

In order to meet this definition, vessel activity must be dedicated to the scientific research activity, and cannot include commercial fishing.

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.

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.

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:  

• Foreign government agency
• U.S. Government agency
• U.S. state or territorial agency
• University (or other educational institution accredited by a recognized national or international accreditation body)
• International treaty organization
• 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 program. 

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, some information may need to 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).
• 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). 
• 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.