50 CFR part 600.745

50 CFR 600.745 (up to date as of 9/04/2024)
Scientific research activity, exempted fishing, and exempted educational...

50 CFR 600.745 (Sept. 4, 2024)

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Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 600 —Magnuson-Stevens Act Provisions
Subpart H —General Provisions for Domestic Fisheries
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Source: 61 FR 32540, June 24, 1996, unless otherwise noted.

§ 600.745 Scientific research activity, exempted fishing, and exempted educational activity.
(a) Scientific research activity. Nothing in this part is intended to inhibit or prevent any scientific research
activity conducted by a scientific research vessel. Persons planning to conduct scientific research
activities on board a scientific research vessel in the EEZ or on the high seas are encouraged to submit to
the appropriate Regional Administrator or Director, 60 days or as soon as practicable prior to its start, a
scientific research plan for each scientific activity. The Regional Administrator or Director will
acknowledge notification of scientific research activity by issuing to the operator or master of that vessel,
or to the sponsoring institution, a Letter of Acknowledgment. This Letter of Acknowledgment is separate
and distinct from any permit or consultation required by the MMPA, the ESA, or any other applicable law.
The Regional Administrator or Director will include text in the Letter of Acknowledgment informing the
applicant that such a permit may be required and should be obtained from the agency prior to embarking
on the activity. If the Regional Administrator or Director, after review of a research plan, determines that it
does not constitute scientific research but rather fishing, the Regional Administrator or Director will inform
the applicant as soon as practicable and in writing. In making this determination, the Regional
Administrator, Director, or designee shall consider: 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. The Regional
Administrator or Director may also make recommendations to revise the research plan to ensure the
activity will be considered to be scientific research activity or recommend the applicant request an EFP.
The Regional Administrator or Director may designate a Science and Research Director, or the Assistant
Regional Administrator for Sustainable Fisheries, to receive scientific research plans and issue Letters of
Acknowledgment. In order to facilitate identification of the activity as scientific research, persons
conducting scientific research activities are advised to carry a copy of the scientific research plan and the
Letter of Acknowledgment on board the scientific research vessel and to make it available for inspection
upon the request of any authorized officer. It is recommended that for any scientific research activity, any
fish, or parts thereof, retained pursuant to such activity be accompanied, during any ex-vessel activities,
by a copy of the Letter of Acknowledgment. Activity conducted in accordance with a scientific research
plan acknowledged by such a Letter of Acknowledgment is presumed to be scientific research activity. An
authorized officer may overcome this presumption by showing that an activity does not fit the definition of
scientific research activity or is outside the scope of the scientific research plan.
(b) Exempted fishing —
(1) General. A NMFS Regional Administrator or Director may authorize, for limited testing, public display,
data collection, exploratory fishing, compensation fishing, conservation engineering, health and
safety surveys, environmental cleanup, and/or hazard removal purposes, the target or incidental
harvest of species managed under an FMP or fishery regulations that would otherwise be prohibited.
50 CFR 600.745(b)(1) (enhanced display)

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50 CFR 600.745 (up to date as of 9/04/2024)
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50 CFR 600.745(b)(2)

Exempted fishing may not be conducted unless authorized by an EFP issued by a Regional
Administrator or Director in accordance with the criteria and procedures specified in this section.
Compensation fishing must be conducted under an EFP if the activity would otherwise be prohibited
by applicable regulations unless the activity is specifically authorized under an FMP or a scientific
research permit. Conservation engineering that does not meet the definition of scientific research
activity, but does meet the definition of fishing must be conducted under an EFP if the activity would
otherwise be prohibited by applicable regulations. Data collection designed to capture and land
quantities of fish for product development, market research, and/or public display must be permitted
under exempted fishing procedures. An EFP exempts a vessel only from those regulations specified
in the EFP. All other applicable regulations remain in effect. The Regional Administrator or Director
may charge a fee to recover the administrative expenses of issuing an EFP. The amount of the fee
will be calculated, at least annually, in accordance with procedures of the NOAA Handbook for
determining administrative costs of each special product or service; the fee may not exceed such
costs. Persons may contact the appropriate Regional Administrator or Director to determine the
applicable fee.
(2) Application. An applicant for an EFP shall submit a completed application package to the appropriate
Regional Administrator or Director, as soon as practicable and at least 60 days before the desired
effective date of the EFP. Submission of an EFP application less than 60 days before the desired
effective date of the EFP may result in a delayed effective date because of review requirements. The
application package must include payment of any required fee as specified by paragraph (b)(1) of
this section, and a written application that includes, but is not limited to, the following information:
(i)

The date of the application.

(ii) The applicant's name, mailing address, and telephone number.
(iii) A statement of the purposes and goals of the exempted fishery for which an EFP is needed,
including justification for issuance of the EFP.
(iv) For each vessel to be covered by the EFP, as soon as the information is available and before
operations begin under the EFP:
(A) A copy of the USCG documentation, state license, or registration of each vessel, or the
information contained on the appropriate document.
(B) The current name, address, and telephone number of the owner and master, if not included
on the document provided for the vessel.
(v) The species (target and incidental) expected to be harvested under the EFP, the amount(s) of
such harvest necessary to conduct the exempted fishing, the arrangements for disposition of
all regulated species harvested under the EFP, and any anticipated impacts on the environment,
including impacts on fisheries, marine mammals, threatened or endangered species, and EFH.
(vi) For each vessel covered by the EFP, the approximate time(s) and place(s) fishing will take place,
and the type, size, and amount of gear to be used.
(vii) The signature of the applicant.

50 CFR 600.745(b)(2)(vii) (enhanced display)

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50 CFR 600.745 (up to date as of 9/04/2024)
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50 CFR 600.745(b)(2)(viii)

(viii) The Regional Administrator or Director, as appropriate, may request from an applicant
additional information necessary to make the determinations required under this section. An
incomplete application or an application for which the appropriate fee has not been paid will
not be considered until corrected in writing and the fee paid. An applicant for an EFP need not
be the owner or operator of the vessel(s) for which the EFP is requested.
(3) Issuance.
(i)

The Regional Administrator or Director, as appropriate, will review each application and will
make a preliminary determination whether the application contains all of the required
information and constitutes an activity appropriate for further consideration. If the Regional
Administrator or Director 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 or Director determines that any application warrants
further consideration, notification of receipt of the application will be published in the FEDERAL
REGISTER with a brief description of the proposal. Interested persons will be given a 15- to
45-day opportunity to comment on the notice of receipt of the EFP application. In addition,
comments may be requested during public testimony at a Council meeting. If the Council
intends to take comments on EFP applications at a Council meeting, it must include a
statement to this effect in the Council meeting notice and meeting agenda. Multiple
applications for EFPs may be published in the same FEDERAL REGISTER document and may be
discussed under a single Council agenda item. The notification may establish a cut-off date for
receipt of additional applications to participate in the same, or a similar, exempted fishing
activity. The Regional Administrator or Director will also forward copies of the application to the
Council(s), the U.S. Coast Guard, and the appropriate fishery management agencies of affected
states, accompanied by the following information:
(A) The effect of the proposed EFP on the target and incidental species, including the effect
on any TAC.
(B) A citation of the regulation or regulations that, without the EFP, would prohibit the
proposed activity.
(C) Biological information relevant to the proposal, including appropriate statements of
environmental impacts, including impacts on fisheries, marine mammals, threatened or
endangered species, and EFH.

(ii) If the application is complete and warrants additional consultation, the Regional Administrator
or Director may consult with the appropriate Council(s) concerning the permit application
during the period in which comments have been requested. The Council(s) or the Regional
Administrator or Director shall notify the applicant in advance of any public meeting at which
the application will be considered, and offer the applicant the opportunity to appear in support
of the application.
(iii) As soon as practicable after receiving a complete application, including all required analyses
and consultations (e.g., NEPA, EFH, ESA and MMPA), and having received responses from the
public, the agencies identified in paragraph (b)(3)(i) of this section, and/or after the
consultation, if any, described in paragraph (b)(3)(ii) of this section, the Regional Administrator
or Director shall issue the EFP or notify the applicant in writing of the decision to deny the EFP
and the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the
following:
50 CFR 600.745(b)(3)(iii) (enhanced display)

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50 CFR 600.745 (up to date as of 9/04/2024)
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50 CFR 600.745(b)(3)(iii)(A)

(A) The applicant has failed to disclose material information required, or has made false
statements as to any material fact, in connection with his or her application; or
(B) According to the best scientific information available, the harvest to be conducted under
the permit would detrimentally affect the well-being of the stock of any regulated species
of fish, marine mammal, threatened or endangered species, or EFH; or
(C) Issuance of the EFP would have economic allocation as its sole purpose (other than
compensation fishing); or
(D) Activities to be conducted under the EFP would be inconsistent with the intent of this
section, the management objectives of the FMP, or other applicable law; or
(E) The applicant has failed to demonstrate a valid justification for the permit; or
(F) The activity proposed under the EFP could create a significant enforcement problem.
(iv) The decision of a Regional Administrator or Director to grant or deny an EFP is the final action
of NMFS. If the permit, as granted, is significantly different from the original application, or is
denied, NMFS may publish notification in the FEDERAL REGISTER describing the exempted fishing
to be conducted under the EFP or the reasons for denial.
(v) The Regional Administrator or Director should attach, as applicable, 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, including,
but not limited to:
(A) The maximum amount of each regulated species that can be harvested and landed during
the term of the EFP, including trip limitations, where appropriate.
(B) The number, size(s), name(s), and identification number(s) of the vessel(s) authorized to
conduct fishing activities under the EFP.
(C) A citation of the regulations from which the vessel is exempted.
(D) The time(s) and place(s) where exempted fishing may be conducted.
(E) The type, size, and amount of gear that may be used by each vessel operated under the
EFP.
(F) Whether observers, a vessel monitoring system, or other electronic equipment must be
carried on board vessels operating under the EFP, and any necessary conditions, such as
predeployment notification requirements.
(G) Data reporting requirements necessary to document the activities, including catches and
incidental catches, and to determine compliance with the terms and conditions of the EFP
and established time frames and formats for submission of the data to NMFS.
(H) Other conditions as may be necessary to assure compliance with the purposes of the EFP,
consistent with the objectives of the FMP and other applicable law.
(I)

Provisions for public release of data obtained under the EFP that are consistent with
NOAA confidentiality of statistics procedures at set out in subpart E. An applicant may be
required to waive the right to confidentiality of information gathered while conducting
exempted fishing as a condition of an EFP.

50 CFR 600.745(b)(3)(v)(I) (enhanced display)

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50 CFR 600.745(b)(4)

(4) Acknowledging permit conditions. Upon receipt of an EFP, the permit holder must date and sign the
permit, and retain the permit on board the vessel(s). The permit is not valid until signed by the permit
holder. In signing the permit, the permit holder:
(i)

Agrees to abide by all terms and conditions set forth in the permit, and all restrictions and
relevant regulations; and

(ii) Acknowledges that the authority to conduct certain activities specified in the permit is
conditional and subject to authorization and revocation by the Regional Administrator or
Director.
(5) Duration. Unless otherwise specified in the EFP or a superseding notice or regulation, an EFP is valid
for no longer than 1 year. EFPs may be renewed following the application procedures in this section.
(6) Alteration. Any permit that has been altered, erased, or mutilated is invalid.
(7) Inspection. Any EFP issued under this section must be carried on board the vessel(s) for which it was
issued. The EFP must be presented for inspection upon request of any authorized officer. Any fish, or
parts thereof, retained pursuant to an EFP issued under this paragraph must be accompanied, during
any ex-vessel activities, by a copy of the EFP.
(8) Inspection. Any EFP issued under this section must be carried on board the vessel(s) for which it was
issued. The EFP must be presented for inspection upon request of any authorized officer.
(9) Sanctions. Failure of a permittee to comply with the terms and conditions of an EFP may be grounds
for revocation, suspension, or modification of the EFP with respect to all persons and vessels
conducting activities under the EFP. Any action taken to revoke, suspend, or modify an EFP for
enforcement purposes will be governed by 15 CFR part 904, subpart D.
(c) Reports.
(1) NMFS requests that persons conducting scientific research activities from scientific research
vessels submit a copy of any report or other publication created as a result of the activity, including
the amount, composition, and disposition of their catch, to the appropriate Science and Research
Director and Regional Administrator or Director.
(2) Upon completion of the activities of the EFP, or periodically as required by the terms and conditions
of the EFP, persons fishing under an EFP must submit a report of their catches and any other
information required, to the appropriate Regional Administrator or Director, in the manner and within
the time frame specified in the EFP, but no later than 6 months after concluding the exempted fishing
activity. Persons conducting EFP activities are also requested to submit a copy of any publication
prepared as a result of the EFP activity.
(d) Exempted educational activities —
(1) General. A NMFS Regional Administrator or Director may authorize, for educational purposes, the
target or incidental harvest of species managed under an FMP or fishery regulations that would
otherwise be prohibited. The trade, barter or sale of fish taken under this authorization is prohibited.
The decision of a Regional Administrator or Director to grant or deny an exempted educational
activity authorization is the final action of NMFS. Exempted educational activities may not be
conducted unless authorized in writing by a Regional Administrator or Director in accordance with
the criteria and procedures specified in this section. Such authorization will be issued without
charge.
50 CFR 600.745(d)(1) (enhanced display)

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50 CFR 600.745(d)(2)

(2) Application. An applicant for an exempted educational activity authorization shall submit to the
appropriate Regional Administrator or Director, at least 15 days before the desired effective date of
the authorization, a written application that includes, but is not limited to, the following information:
(i)

The date of the application.

(ii) The applicant's name, mailing address, and telephone number.
(iii) A brief statement of the purposes and goals of the exempted educational activity for which
authorization is requested, including a general description of the arrangements for disposition
of all species collected.
(iv) Evidence that the sponsoring institution is a valid educational institution, such as accreditation
by a recognized national or international accreditation body.
(v) The scope and duration of the activity.
(vi) For each vessel to be covered by the authorization:
(A) A copy of the U.S. Coast Guard documentation, state license, or registration of the vessel,
or the information contained on the appropriate document.
(B) The current name, address, and telephone number of the owner and master, if not included
on the document provided for the vessel.
(vii) The species and amounts expected to be caught during the exempted educational activity, and
any anticipated impacts on the environment, including impacts on fisheries, marine mammals,
threatened or endangered species, and EFH.
(viii) For each vessel covered by the authorization, the approximate time(s) and place(s) fishing will
take place, and the type, size, and amount of gear to be used.
(ix) The signature of the applicant.
(x) The Regional Administrator or Director may request from an applicant additional information
necessary to make the determinations required under this section. An incomplete application
will not be considered until corrected in writing.
(3) Issuance.
(i)

The Regional Administrator or Director, as appropriate, will review each application and will
make a determination whether the application contains all of the required information, is
consistent with the goals, objectives, and requirements of the FMP or regulations and other
applicable law, and constitutes a valid exempted educational activity. The applicant will be
notified in writing of the decision within 5 working days of receipt of the application.

(ii) The Regional Administrator or Director should attach, as applicable, terms and conditions to the
authorization, consistent with the purpose of the exempted educational activity and as
otherwise necessary for the conservation and management of the fishery resources and the
marine environment, including, but not limited to:
(A) The maximum amount of each regulated species that may be harvested.
(B) A citation of the regulations from which the vessel is being exempted.
(C) The time(s) and place(s) where the exempted educational activity may be conducted.
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50 CFR 600.745(d)(3)(ii)(D)

(D) The type, size, and amount of gear that may be used by each vessel operated under the
authorization.
(E) Data reporting requirements necessary to document the activities and to determine
compliance with the terms and conditions of the exempted educational activity.
(F) Such other conditions as may be necessary to assure compliance with the purposes of the
authorization, consistent with the objectives of the FMP or regulations.
(G) Provisions for public release of data obtained under the authorization, consistent with
NOAA confidentiality of statistics procedures in subpart E. An applicant may be required
to waive the right to confidentiality of information gathered while conducting exempted
educational activities as a condition of the authorization.
(iii) The authorization will specify the scope of the authorized activity and will include, at a
minimum, the duration, vessel(s), persons, species, and gear involved in the activity, as well as
any additional terms and conditions specified under paragraph (d)(3)(ii) of this section.
(4) Duration. Unless otherwise specified, authorization for an exempted educational activity is effective
for no longer than 1 year, unless revoked, suspended, or modified. Authorizations may be renewed
following the application procedures in this section.
(5) Alteration. Any authorization that has been altered, erased, or mutilated is invalid.
(6) Transfer. Authorizations issued under this paragraph (d) are not transferable or assignable.
(7) Inspection. Any authorization issued under this paragraph (d) must be carried on board the vessel(s)
for which it was issued, or be in the possession of at least one of the persons identified in the
authorization, who must be present while the exempted educational activity is being conducted. The
authorization must be presented for inspection upon request of any authorized officer. Activities that
meet the definition of “fishing,” despite an educational purpose, are fishing. An authorization may
allow covered fishing activities; however, fishing activities conducted outside the scope of an
authorization for exempted educational activities are illegal. Any fish, or parts thereof, retained
pursuant to an authorization issued under this paragraph must be accompanied, during any exvessel activities, by a copy of the authorization.
(e) Observers. NMFS-sanctioned observers or biological technicians conducting activities within NMFSapproved sea sampling and/or observer protocols are exempt from the requirement to obtain an EFP. For
purposes of this section, NMFS-sanctioned observers or biological technicians include NMFS employees,
NMFS observers, observers who are employees of NMFS-contracted observer providers, and observers
who are employees of NMFS-permitted observer providers.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 FR 42794, Aug. 25, 2009; 80 FR 62500, Oct. 16, 2015]

50 CFR 600.745(e) (enhanced display)

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