Exempted Fishing Permit Application Process in Alaska
The Alaska Regional Office has established an annual application process for Exempted Fishing Permits (EFPs), starting in 2020. There are two application periods.
Who can apply?
Anyone who is planning on fishing activities that would otherwise be prohibited by federal regulations may apply for an EFP. The permit is issued to the applicant but a copy must be on the vessel at all times during the project.
Which regulations describe the process for obtaining an EFP?
Regulations that describe the application and review process for EFPs are at 50 CFR 679.6 and 50 CFR 600.745. This information collection is approved by OMB Collection 0648-0206.
How do I apply?
Please refer to this template when drafting your EFP application.
There are two application periods - one in May and the other in September. You must follow the procedures detailed in 50 CFR 679.6 and 50 CFR 600.745, which include sending a completed application to the Alaska Regional Administrator for consideration.
- Plan on the application process taking at least 8 to 12 months from the date your application is submitted until the EFP is issued. The time NOAA Fisheries requires to review your application depends on the complexity of the project, the type of NEPA review, and North Pacific Fishery Management Council's meeting schedule.
- If your project is complex, contact NOAA Fisheries' Alaska Regional Office at least 12 months ahead of your desired EFP fishing start date.
- If you plan to do an experiment, the design must be approved by the Alaska Fisheries Science Center (AFSC) before a permit may be issued. Applicants should work with the AFSC on the experimental design before submitting an EFP application.
- Each EFP undergoes National Environmental Policy Act (NEPA) review. NOAA Fisheries may be able to issue a categorical exclusion (which takes a minimal amount of time) or may need to write an environmental analysis of the impacts of issuing the EFP (which could take a long time). The application and NEPA document would support the decision-making and inform the public of the EFP project. There may be an Endangered Species Act consultation required.
- The Regional Administrator is also required to consult with the North Pacific Fishery Management Council before issuing an EFP. This requires a Federal Register notice of the receipt of an application (published by NOAA Fisheries) and may require a presentation of the EFP project to the Council by the applicant, which would take place at the October meeting for May applicants and the February meeting for September applicants.
Dates | w/EA or ESA Sect 7 | w Categorical Excl & no ESA Sect 7 |
---|---|---|
May 1 | Initial contact by applicant, initial application submitted, NEPA Analysis/ESA Consultation initiated | Initial contact by applicant, determination on NEPA analysis & ESA consultation |
June | Refine application as needed; EA & ESA analyses ongoing | Initial application submitted; Categorical Exclusion drafted |
July | Draft NEPA analysis completed; ESA consultation completed; final draft application submitted; AFSC review requested | Final draft application submitted; AFSC review requested |
August | AFSC review received; application revised and finalized; Council Consultation requested; ADFG, USCG, IPHC notified | AFSC review received; application revised and finalized; Council Consultation requested; ADFG, USCG, IPHC notified |
September | FR Notice published | FR Notice published |
October | Public comment period on application and EA end; Council Consultation; Permit drafted | Public comment period on application and EA end; Council Consultation; Permit drafted |
November | Regional review; GCAK/GC-ENF/OLE review | Regional review; GCAK/GC-ENF/OLE review |
December | Permit Issued | Permit Issued |
January | EFP fishing can begin | EFP fishing can begin |
*Timing could be longer depending on project complexity. For more complex projects, contact NOAA Fisheries Alaska Regional Office at least 12 months ahead of desired EFP fishing start date. |
Dates | w/EA or ESA Sect 7 | w Categorical Excl & no ESA Sect 7 |
---|---|---|
September 1 | Initial contact by applicant; initial application submitted; NEPA Analysis/ESA Consultation initiated | Initial contact by applicant; determination on NEPA analysis & ESA consultation |
October | Refine application as needed; EA & ESA analyses on-going | Initial Application submitted; Categorical Exclusion drafted |
November | Draft NEPA analysis completed; ESA consultation completed; final draft application submitted; AFSC review requested | Final draft application submitted; AFSC review requested |
December | AFSC review received; application revised and finalized; Council Consultation requested; ADFG, USCG, IPHC notified | AFSC review received; application revised and finalized; Council Consultation requested; ADFG, USCG, IPHC notified |
January | FR Notice published | FR Notice published |
February |
Public comment period on application and EA ends; Council Consultation; Permit drafted |
Public comment period on application and EA ends; Council Consultation; Permit drafted |
March | Regional review, GCAK/GC-ENF/OLE review | Regional review, GCAK/GC-ENF/OLE review |
April | Permit Issued | Permit Issued |
May | EFP fishing can begin | EFP fishing can begin |
*Timing could be longer depending on project complexity. For more complex projects, contact NOAA Fisheries Alaska Regional Office at least 12 months ahead of desired EFP fishing start date. |