NOAA opens comment period on next round of lobster and crab gear rules tied to right whale plan; deadline October 16
NOAA Fisheries published a Notice of Intent on August 17 to prepare an Environmental Impact Statement for potential Phase 2 modifications to the Atlantic Large Whale Take Reduction Plan. Written comments on potential gear changes for American lobster and Jonah crab fisheries are due by October 16, 2026.
NOAA Fisheries opened a 60-day public comment period on August 17, 2026, for potential Phase 2 modifications to the Atlantic Large Whale Take Reduction Plan. The period — a scoping notice for an Environmental Impact Statement, not a proposed rule — closes October 16, 2026. Written comments go to docket NOAA-NMFS-2025-0041 at regulations.gov.
The scoping covers all commercial fixed-gear fisheries regulated under the ALWTRP, with primary focus on American lobster and Jonah crab trap/pot operations along the U.S. East Coast. NOAA is asking for ideas and information on a range of potential options: vertical line reductions through trap or gear caps, ropeless retrieval device requirements, single-trap-per-line configurations on weaker rope, lower line breaking strength to allow entangled whales to self-release, shorter soak times, daytime-only fishing restrictions, seasonal area closures in documented right whale aggregation zones, dynamic area management programs, and gear marking changes. No specific measures have been proposed.
The Atlantic Large Whale Take Reduction Plan has governed fixed-gear fisheries from Maine through the Mid-Atlantic since 1997, targeting entanglement risk to North Atlantic right whales and, to a lesser extent, humpback and fin whales. A Phase 1 risk-reduction rule took effect in 2021, adding gear restrictions and seasonal closures across New England and Mid-Atlantic trap/pot and gillnet fisheries. The Consolidated Appropriations Act of 2023 directed NOAA to issue new regulations for lobster and Jonah crab fisheries consistent with the Marine Mammal Protection Act and the Endangered Species Act by December 31, 2028. Comments from this scoping period will inform Atlantic Large Whale Take Reduction Team meetings in 2026 and 2027 before any proposed rule is drafted.
Commercial lobster and crab fishers, state marine agencies, and coastal fishing associations are the primary parties in this proceeding. Charter and for-hire captains who work southern New England, Gulf of Maine, and Mid-Atlantic grounds where lobster gear concentrates have an indirect stake: any effort restrictions or seasonal closures that emerge from the process could affect access to traditional fishing grounds. Written comments are due October 16, 2026 at regulations.gov, docket NOAA-NMFS-2025-0041. The NOAA Fisheries Notice of Intent page linked below carries background documents. This is a scoping summary; the controlling source is the NOAA Fisheries action page.
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