An important aspect of fisheries research is the need for exemption from fishing regulations, which is given by the National Marine Fisheries Service (NMFS) through an Exempted Fishing Permit (EFP). Fishermen and researchers have complained about the difficulties they've encountered in trying to get permits for their experimental fishing projects.
The following questions concerning the complex EFP process were posed by Becky Clauss of the Northeast Consortium, which is a major funder of cooperative research projects in New England.
The information in the answers was provided by Bonnie Van Pelt of the NMFS Sustainable Fisheries Division in Gloucester.
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Who needs an exemption from fishing regulations in order to conduct research?
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| A. |
Anyone who wants to conduct fishing as part of an experiment if that experiment does not meet the regulatory definition of "scientific research activities."
(The testing of fishing gear, data collection designed to capture and land quantities of fish or shellfish for product development, market research, and/or public display, or projects which involve the collection and retention of fish outside the scope of an applicable research plan are not considered "scientific research activities" and must be permitted under exempted fishing procedures.)
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| Q. |
What is the distinction between experimental work that falls under an Exempted Fishing Permit (EFP) and "scientific research activities?"
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Mostly the kind of vessel used, the kind of work planned, disposition of catch, and whether testing fishing gear is part of the plan. Work conducted under an EFP typically involves: using fishing vessels as research platforms; the retention of some or all of the catch for sampling purposes and ultimately for commercial sale; and/or testing of fishing gear and retention of catch for purposes specified in the experimental fisheries proposal.
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| Q. |
What are some examples of research that would require an EFP?
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| A. |
Projects that test fishing gear that is otherwise prohibited; projects that would occur in areas where fishing is not allowed or is restricted and would catch fish in amounts not authorized under the current regulations; and/or projects where the goals and the objectives go beyond the collection of scientific information on the affected resource(s) and require the use of days-at-sea, yet don't propose to use them. Exemptions to the trip limits/quota are never allowed under exempted fishing permits.
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| Q. |
What's the general process for getting an EFP?
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Requests for EFPs are received at the NMFS Regional Office and reviewed. If a request is determined to be complete and potentially approvable, a notice is published in the Federal Register along with a request for public comment. After the comment period closes, a final decision on the request is made. If approved, we send the applicant an EFP.
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| Q. |
How far in advance should I apply?
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As far in advance as you can, but at least 60 days before your anticipated start date. The more complex the proposal, the longer it takes to process it.
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| Q. |
What are the most common reasons that applications take longer than 60 days for approval?
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The application is not complete and/or does not contain a clear project description. NMFS works with the applicant to help make the request complete and that takes time. If the experiment is complex and/or the exemptions requested are numerous, its effect on the human environment has to be evaluated under the National Environmental Policy Act (NEPA) and that can take additional time.
There is a 15-45 day comment period to allow for public input on the proposed experiment after publication in the Federal Register. However, we generally request that a 15-day comment period be observed.
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| Q. |
If the application isn't complete, what is usually missing?
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| A. |
Specifics on when, where, how, by whom, and for how long the work will be done; and/or an evaluation of the effects the experiment may have on the marine resources, protected species, and/or habitat.
The experiment sometimes needs to be better defined. For example, what is the applicant trying to find out? How will the experiment get an answer? How will results will be measured and documented? And how will results be used?
Also, any requests for days-at-sea exemptions must be justified in the context of the project's objectives and goals. Explaining up-front why the exemptions are necessary for your project can be a time-saver.
If, for example, you want to conduct your experiment in a closed area, explain why the same experiment can't be conducted in an open area.
Also, keep in mind that you will have to provide information on the vessels that will conduct the work before an EFP is issued. Don't leave this to the last minute. An enforcement check needs to be completed on every vessel that intends to participate. If problems are encountered then, it can slow the process.
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| Q. |
Does a previous fishery violation affect the review process for obtaining an EFP?
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A check for violations is a regular part of the approval process. A previous violation may affect approval, but the issue is dealt with on a case-by-case basis.
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| Q. |
Do you have any tips for applicants to make the process smoother?
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Make sure your proposal is clear, complete, and well-explained. If you need help, we can assist. In general, the more detail the better. In addition, the earlier we get it, the more likely you can start your work on time. Project coordinators should try to ensure that the vessels they are contracting to do the work are not undergoing any enforcement actions.
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| Q. |
Why is this extensive EFP review process required?
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| A. |
To assure that any exemptions to the regulations are justified, that the potential impacts of the exemptions have been considered, and that the exempted activity will result in useful information that will improve how we manage and use fishery resources.
By definition, these are projects that involve fishing in a way that is otherwise prohibited under present fishing regulations, many of which are in place to promote rebuilding of important fish stocks.
However, we weigh the benefits of doing the work against the potential risks and, more times than not, the conservation benefits associated with conducting the experiment outweigh any short-term negative impacts.
Also, we need to be sure there is a good reason to allow some individuals to catch and land fish while others cannot - because they have used all their days-at-sea or an area is closed, for example. Incidentally, the process is not unique to the Northeast. It is the same in all regions of NMFS.
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| Q. |
How are days-at-sea affected by exempted fishing activities?
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Days-at-sea are not affected by research unless the proposal includes a request to be exempted from the requirement to fish under days-at-sea.
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| Q. |
If the project is delayed, does the proposal have to be resubmitted?
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In general, no, unless the experiment has changed in purpose or method. Keep in mind that "method" can include when and where you intend to conduct the work.
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For more information on the process of obtaining an Exempted Fishing Permit, contact: Bonnie Van Pelt, fishery policy analyst, Sustainable Fisheries Division, NMFS, 1 Blackburn Drive, Gloucester, MA 01930; phone (978) 281-9244.
For more information on cooperative research opportunities through the Northeast Consortium, call Becky Clauss at (603) 862-4034 or e-mail her at rclauss@cisunix.unh.edu.
