50 CFR 600.745 (b)(2)

50 CFR Part 600 (up to date as of 7/30/2024)
Magnuson-Stevens Act Provisions

50 CFR 600.740

§ 600.740 Enforcement policy.
(a) The Magnuson-Stevens Act provides four basic enforcement remedies for violations, in ascending order
of severity, as follows:
(1) Issuance of a citation (a type of warning), usually at the scene of the offense (see 15 CFR part 904,
subpart E).
(2) Assessment by the Administrator of a civil money penalty.
(3) For certain violations, judicial forfeiture action against the vessel and its catch.
(4) Criminal prosecution of the owner or operator for some offenses. It shall be the policy of NMFS to
enforce vigorously and equitably the provisions of the Magnuson-Stevens Act by utilizing that form
or combination of authorized remedies best suited in a particular case to this end.
(b) Processing a case under one remedial form usually means that other remedies are inappropriate in that
case. However, further investigation or later review may indicate the case to be either more or less serious
than initially considered, or may otherwise reveal that the penalty first pursued is inadequate to serve the
purposes of the Magnuson-Stevens Act. Under such circumstances, the Agency may pursue other
remedies either in lieu of or in addition to the action originally taken. Forfeiture of the illegal catch does
not fall within this general rule and is considered in most cases as only the initial step in remedying a
violation by removing the ill-gotten gains of the offense.
(c) If a fishing vessel for which a permit has been issued under the Magnuson-Stevens Act is used in the
commission of an offense prohibited by section 307 of the Magnuson-Stevens Act, NOAA may impose
permit sanctions, whether or not civil or criminal action has been undertaken against the vessel or its
owner or operator. In some cases, the Magnuson-Stevens Act requires permit sanctions following the
assessment of a civil penalty or the imposition of a criminal fine. In sum, the Magnuson-Stevens Act
treats sanctions against the fishing vessel permit to be the carrying out of a purpose separate from that
accomplished by civil and criminal penalties against the vessel or its owner or operator.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]

§ 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;
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50 CFR Part 600 (up to date as of 7/30/2024)
Magnuson-Stevens Act Provisions

50 CFR 600.745(b)

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.
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.
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50 CFR Part 600 (up to date as of 7/30/2024)
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50 CFR 600.745(b)(2)(iv)

(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.
(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.

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