Proposed Rule2025-04276
Fisheries of the Northeastern United States; Framework Adjustment 39 to the Atlantic Sea Scallop Fishery Management Plan
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Published
March 18, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to approve and implement Framework Adjustment 39 to the Atlantic Sea Scallop Fishery Management Plan (FMP) that establishes specifications and other management measures for fishing years 2025 and 2026, including fishing effort allocation into access areas, modifying when areas open to optimize yield and minimize bycatch, and closures to protect juvenile scallops. Vessels with a limited access general category B permit may transit outside of the Northern Gulf of Maine with scallops onboard. Research set-aside program regulations are clarified. This action is necessary to prevent overfishing and improve resource yield-per-recruit and management of the fishery.
Full Text
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<title>Federal Register, Volume 90 Issue 51 (Tuesday, March 18, 2025)</title>
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[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Proposed Rules]
[Pages 12510-12522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04276]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250311-0035]
RIN 0648-BN45
Fisheries of the Northeastern United States; Framework Adjustment
39 to the Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve and implement Framework Adjustment 39
to the Atlantic Sea Scallop Fishery Management Plan (FMP) that
establishes specifications and other management measures for fishing
years 2025 and 2026, including fishing effort allocation into access
areas, modifying when areas open to optimize yield and minimize
bycatch, and closures to protect juvenile scallops. Vessels with a
limited access general category B permit may transit outside of the
Northern Gulf of Maine with scallops onboard. Research set-aside
program regulations are clarified. This action is necessary to prevent
overfishing and improve resource yield-per-recruit and management of
the fishery.
DATES: Comments must be received by April 2, 2025.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a draft environmental assessment (EA) for this action that
describes the proposed measures in Framework 39 and other considered
alternatives and analyzes the impacts of the proposed measures and
alternatives. The Council submitted a draft of Framework 39 to NMFS
that includes the draft EA, a description of the Council's preferred
alternatives, the Council's rationale for selecting each alternative,
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the
draft of Framework 39, the draft EA, the IRFA, and information on the
economic impacts of this proposed rulemaking are available upon request
from Dr. Cate O'Keefe, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950 and
accessible via the internet in documents available at: <a href="https://www.nefmc.org/library/scallop-framework-39">https://www.nefmc.org/library/scallop-framework-39</a>.
A plain language summary of this proposed rule is available at
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0145">https://www.regulations.gov/docket/NOAA-NMFS-2024-0145</a>. You may submit
comments on this document, identified by NOAA-NMFS-2024-0145, by the
following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2024-0145 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
978-281-9116, email: <a href="/cdn-cgi/l/email-protection#73161e1a1f0a5d18161a1f160a331d1c12125d141c05"><span class="__cf_email__" data-cfemail="7f1a1216130651141a16131a063f11101e1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The scallop fishery's management unit ranges from the shorelines of
Maine through North Carolina to the outer boundary of the Exclusive
Economic Zone. The Atlantic Sea Scallop FMP, established in 1982,
includes a number of amendments and framework adjustments that have
revised and refined the fishery's management. The New England Fishery
Management Council sets scallop fishery catch limits and other
management measures through specification or framework adjustments that
occur annually or biennially. The Council adopted Framework Adjustment
39 to the Atlantic Sea Scallop FMP on December 5, 2024. Council action
on Framework 39 could not be taken until the December meeting because
the data and scientific analysis required to support the action was not
complete and available until the end of November 2024. Each year the
scallop resource is surveyed and area-specific estimates of scallop
biomass are produced to support the dynamic management system. These
surveys, resulting data, and analysis are critical to the development
of science-driven allocations. The Council submitted a draft of the
framework, including the Initial Regulatory Flexibility Act analysis
for NMFS review and approval on December 20, 2024. This action proposes
to approve and implement Framework 39, which establishes scallop
specifications and other measures for fishing years 2025 and 2026,
including changes to the catch, effort, and quota allocations and
adjustments to the rotational area management program for fishing year
2025, and establishes default specifications for fishing year 2026, as
recommended by the Council.
NMFS proposes to implement these Framework 39 measures by the April
1 start of fishing year 2025. If NMFS implements these measures after
the start of the fishing year, the default allocation measures
currently established for fishing year 2025 will go into effect on
April 1, 2025. The default allocations are significantly lower than the
allocations proposed in Framework 39. Delay of this action beyond the
April 1 start of the fishing year would result in negative social and
economic impacts to the scallop industry. Pursuant to section 303(c) of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), this proposed rule is deemed necessary and appropriate,
[[Page 12511]]
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACL), Annual Catch Targets (ACT),
Annual Projected Landings (APL) and Set-Asides for the 2025 Fishing
Year, and Default Specifications for Fishing Year 2026
The Council set the proposed OFL based on a fishing mortality rate
(F) of 0.61, equivalent to the F threshold updated through the
Northeast Fisheries Science Center's most recent scallop benchmark
stock assessment that was completed in September 2020 (NEFSC, 2020).
The proposed ABC and the equivalent total ACL for each fishing year are
based on an F of 0.45, which is the F associated with a 25-percent
probability of exceeding the OFL. The Council's Scientific and
Statistical Committee (SSC) recommended scallop fishery ABCs of 39.5
million pounds (lb; 17,901 metric tons (mt)) for 2025 and 39.1 million
lb (17,745 mt) for the 2026 fishing year, after accounting for discards
and incidental mortality. In support of the Council's development of
the next framework adjustment, the SSC will reevaluate the best
available scientific information and, if warranted by the science at
that time, the SSC may recommend modifications to the ABC for the 2026
fishing year.
Table 1 outlines the proposed scallop fishery catch limits. After
deducting the incidental target total allowable catch (TAC), the
research set-aside (RSA), and the observer set-aside, the remaining ACL
available to the fishery is allocated according to the following fleet
proportions established in Amendment 11 to the Atlantic Sea Scallop FMP
(72 FR 20090, April 14, 2008): 94.5 percent is allocated to the limited
access scallop fleet (i.e., the larger ``trip boat'' fleet); 5 percent
is allocated to the limited access general category (LAGC) individual
fishing quota (IFQ) fleet (i.e., the smaller ``day boat'' fleet); and
the remaining 0.5 percent is allocated to limited access scallop
vessels that also have LAGC IFQ permits. Amendment 15 (76 FR 43746,
July 21, 2011) specified that buffers to account for management
uncertainty are not necessary in setting the LAGC ACLs (i.e., the LAGC
ACL is equal to the LAGC ACT). For the limited access fleet, the
management uncertainty buffer is based on the F associated with a 75-
percent probability of remaining below the F associated with ABC/ACL,
which, using the updated Fs applied to the ABC/ACL, now results in an F
of 0.39. Amendment 21 (87 FR 1688, January 12, 2023) modified the ACL
flowchart to account for the scallop biomass in the Northern Gulf of
Maine (NGOM) as part of the legal limits in the fishery by adding
biomass from the area into calculations of the OFL and ABC. That action
moved the accounting of the NGOM ACL from only within the OFL into the
OFL and ABC/ACL for the entire fishery. In addition, Amendment 21
created the NGOM Set-Aside to support a directed LAGC fishery
(including NGOM and LAGC IFQ permitted vessels) in the NGOM Management
Area.
Table 1--Scallop Catch Limits (mt) for Fishing Years 2025 and 2026 for
the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
Catch limits 2025 (mt) 2026 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 28,970 30,031
ABC/ACL (discards removed).............. 17,901 17,745
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 179 177
NGOM Set-Aside.......................... 306 230
ACL for fishery......................... 16,815 16,736
Limited Access ACL...................... 15,890 15,816
LAGC Total ACL.......................... 925 920
LAGC IFQ ACL (5 percent of ACL)......... 841 837
Limited Access with LAGC IFQ ACL (0.5 84 84
percent of ACL)........................
Limited Access ACT...................... 13,771 13,707
APL (after set-asides removed).......... 8,180 (\1\)
Limited Access APL (94.5 percent of APL) 7,730 (\1\)
Total IFQ Annual Allocation (5.5 percent 450 337
of APL)\2\.............................
LAGC IFQ Annual Allocation (5 percent of 409 307
APL)\2\................................
Limited Access with LAGC IFQ Annual 41 31
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2026 that will be based on the 2025
annual scallop surveys.
\2\ As a precautionary measure, the 2026 IFQ and annual allocations are
set at 75 percent of the 2025 IFQ Annual Allocations.
Research Set-Aside
This action would deduct 1.275 million lb (578 mt) of scallops
annually for 2025 and 2026 from the ABC for use as the Scallop RSA to
fund scallop research. Vessels participating in Scallop RSA are
compensated through the sale of scallops harvested under RSA projects.
Of the 1.275 million-lb (578-mt) allocation, NMFS has already allocated
275,181 lb (124,820 kg) to previously-funded multi-year projects as
part of the 2024 RSA awards process. NMFS is reviewing proposals
submitted for consideration of 2025 RSA awards and will be selecting
projects for funding in the near future.
Of the 1.275 million lb (578 mt) of scallops set aside for 2025
RSA, up to half (625,000 lb, 283.5 mt) can be harvested from the access
areas (Areas I and II). No limit will be set on the amount that can be
harvested from open areas. The cap on access area RSA harvest is
intended to spread out compensation fishing between access and open
areas to prevent depletion of the access areas while allowing some
access to ensure the viability of the RSA program.
This action allows vessels participating in RSA projects to harvest
RSA compensation from the open area and the Area I and II Scallop
Rotational Areas. All vessels are prohibited from harvesting RSA
compensation pounds in all other access areas. Vessels are prohibited
from fishing for RSA compensation in the NGOM, unless the vessel is
fishing on an RSA compensation trip using NGOM RSA allocation that was
awarded to an RSA
[[Page 12512]]
project. Lastly, Framework 39 prohibits the harvest of RSA from any
rotational area under default 2026 measures. At the start of the 2026
fishing year, RSA compensation may only be harvested from open areas.
The Council will re-evaluate this default prohibition measure in the
action that would set final 2026 specifications.
Observer Set-Aside
This action would also deduct one percent of the ABC for the
industry-funded observer program to help defray the cost to scallop
vessels that carry an observer. The observer set-aside is 394,627 lb
(179 mt) for 2025 and 390,218 lb (177 mt) for 2026. The Council may
adjust the 2026 observer set-aside when it develops specific, non-
default measures for 2026.
Open Area Days-at-Sea (DAS) Allocations
This action would implement vessel-specific DAS allocations for
each of the three limited access scallop DAS permit categories (i.e.,
full-time, part-time, and occasional) for 2025 and 2026 (table 2).
Proposed 2025 DAS allocations are more than those allocated to the
limited access fleet in 2024. Framework 39 would set 2026 DAS
allocations at 75 percent of fishing year 2025 DAS allocations as a
precautionary measure. This is to avoid over-allocating DAS to the
fleet in the event that the 2026 specifications action is delayed past
the start of the 2026 fishing year. The proposed allocations in table 2
exclude any DAS deductions that are required if the limited access
scallop fleet exceeds its 2024 sub-ACL.
Table 2--Scallop Open Area DAS Allocations for 2025 and 2026
------------------------------------------------------------------------
2026
Permit category 2025 (default)
------------------------------------------------------------------------
Full-Time....................................... 24 18
Part-Time....................................... 9.6 7.2
Occasional...................................... 2.0 1.5
------------------------------------------------------------------------
If NMFS implements these Framework 39 measures after the April 1
start of fishing year 2025, default DAS allocations, which were
established in Framework Adjustment 38 to the Atlantic Sea Scallop FMP
(89 FR 20341, March 22, 2024), would go into effect on April 1, 2025.
Under the existing default DAS allocations, full-time vessels would
receive 15 DAS, part-time vessels would receive 6 DAS, and occasional
vessels would receive 1.25 DAS. NMFS will notify all limited access
permit holders of both default and Framework 39 DAS allocations so that
vessel owners know what mid-year adjustments would occur should
Framework 39 be approved and implemented after April 1, 2025.
Changes to Fishing Year 2025 Sea Scallop Rotational Area Program--
Closed Areas
Framework 39 would close Nantucket Lightship-North and South (table
3) and the Elephant Trunk (table 4). Closure of the Nantucket Lightship
area is intended to optimize growth of juvenile scallops observed in
the area to support future rotational access. In the mid-Atlantic, a
closure of the Elephant Trunk is intended to protect a strong
recruitment event detected by the 2024 surveys; these scallops are
currently too small to harvest, closure of the area is intended to
allow them to grow while reducing incidental mortality that would occur
if the area were open to fishing.
Table 3--Nantucket Lightship Scallop Rotational Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NL1......................... 40[deg] 20.0' N 69[deg] 30.0' W
NL2......................... 40[deg] 20.0' N 68[deg] 48.0' W
NL3......................... 40[deg] 33.0' N 68[deg] 48.0' W
NL4......................... 40[deg] 33.0' N 69[deg] 00.0' W
NL5......................... 40[deg] 50.0' N 68[deg] 60.0' W
NL6......................... 40[deg] 50.0' N 69[deg] 30.0' W
NL1......................... 40[deg] 20.0' N 69[deg] 30.0' W
------------------------------------------------------------------------
Table 4--Elephant Trunk Scallop Rotational Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ET1......................... 38[deg]50.0' N 74[deg]20.0' W
ET2......................... 38[deg]50.0' N 73[deg]30.0' W
ET3......................... 38[deg]10.0' N 73[deg]30.0' W
ET4......................... 38[deg]10.0' N 74[deg]20.0' W
ET1......................... 38[deg]50.0' N 74[deg]20.0' W
------------------------------------------------------------------------
Changes to Fishing Year 2025 Sea Scallop Rotational Area Program--Open
Access Areas
The 2024 scallop surveys show that Area I and Area II access areas
hold higher densities of larger scallops and can support rotational
fishing in 2025. Framework 39 would keep the Area II Scallop Rotational
Area open for fishing year 2025 (table 5). In addition, it would open
the Area I Rotational Area (table 6) to scallop fishing as part of the
Rotational Access Area Program.
The continued expansion of the Area II boundary to include Closed
Area II Extension will allow the fishery to target relatively high
densities of exploitable biomass and to spread effort out across a
larger area. Most scallops in the Area II access area are exploitable
and have supported access area fishing for several years.
For fishing year 2025, Framework 39 would combine the areas
formally known as Area I, Area I-Sliver, and Area I-Quad to create the
Area I Rotational Access Area (table 6).
Table 5--Area II Scallop Rotational Area
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
AII1..................................... 41[deg]30' N................. 67[deg]20' W.................
AII2..................................... 41[deg]30' N................. \(1)\........................ \(2)\
AII3..................................... 40[deg]40' N................. \(3)\........................ \(2)\
AII4..................................... 40[deg]40' N................. 67[deg]20' W.................
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]30' N
lat., 66[deg]34.73' W long.
\2\ From Point AII2 connected to Point AII3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]40' N lat.
and 65[deg]52.61' W long.
[[Page 12513]]
Table 6--Area I Scallop Rotational Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
AI1......................... 40[deg]55.0' N 68[deg]53.4' W
AI2......................... 41[deg]30.0' N 69[deg]23.0' W
AI3......................... 41[deg]30.0' N 68[deg]30.0' W
AI4......................... 40[deg]58.0' N 68[deg]30.0' W
AI1......................... 40[deg]55.0' N 68[deg]53.4' W
------------------------------------------------------------------------
Access Area Transit
To better enforce the Sea Scallop Rotational Area Management
Program, Framework 38 prohibited all vessels fishing under a scallop
declaration from entering or transiting any scallop rotational areas
unless the vessel is on a declared trip into that area, or otherwise
specified. Framework 38 also designated the area known as Area I
(including the Area I-Quad) (table 7) as a corridor for continuous
transiting. In Framework 39, the Council did not recommend any changes
to the current transit regulations, so this action proposes no changes
to the Area-I transit corridor.
Table 7--Area I Scallop Transit Corridor
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
AIA1........................ 40[deg]58.2' N 68[deg]30' W
AIA2........................ 40[deg]55.8' N 68[deg]46.8' W
AIA3........................ 41[deg]3.0' N 68[deg]52.2' W
AIA4........................ 41[deg]0.6' N 68[deg]58.2' W
AIA1........................ 40[deg]58.2' N 68[deg]30' W
------------------------------------------------------------------------
Delayed Access Area Opening
The Area I and Area II Rotational Access Areas would be closed
annually from April 1 through May 14. The areas would re-open on May 15
each fishing year. Scallop yield fluctuates seasonally, with yields on
Georges Bank highest in the summer. Fishing during times of improved
yield would reduce overall fishing mortality, as fewer animals would be
harvested to fill a vessel's access area allocation, and reduce swept
area impact on habitat and impacts to non-target species and protected
species. A delayed opening of these access areas may also reduce
impacts from fishing in areas with multiple cohorts (scallops of
different ages/sizes), such as the Area I--Sliver.
This closure would remain in place for the Area I and Area II
access areas unless changed in a future action. If parts of these areas
become available for open bottom fishing in future actions (e.g., Area
II-Extension), the access area closure would not apply. Limited Access
vessels would have 60 days after the re-opening of the access areas on
May 15 to finish harvesting their previous year's access area
allocation.
Area II Seasonal Bycatch Closure
Area II would be closed annually to directed scallop fishing from
November 15 through May 15. This closure is intended to reduce bycatch
of windowpane and yellowtail flounder and to optimize scallop yield.
The current closure, August 15 through November 15, does not cover the
time period when windowpane bycatch is highest. Catch rates of
windowpane flounder have been highest from December through April.
Displacing scallop fishing effort from those months would reduce non-
target species impacts, particularly in April when both fishing effort
and northern windowpane catch rates are both relatively high. Scallop
meat yields are also low during the winter and spring months, and
displacing fishing effort in Area II from February, March, and April
into the late spring and summer would reduce overall fishing mortality.
Shifting and extending the timing of the bycatch closure will better
align access to the area with times of lower flatfish bycatch, and when
scallop yield is highest.
As the closure would overlap with the beginning of the following
fishing year, vessels would be permitted to fish their remaining Area
II trips when the area reopens. Limited Access vessels would have 60
days after the re-opening of the access areas to finish harvesting
their previous year's access area allocation.
New York Bight Scallop Rotational Area Reverting to Open Area
Framework 39 would revert the New York Bight Scallop Rotational
Area to the open area. This area was previously managed as part of the
area rotation program; however, there is not enough biomass to support
rotational access, nor was there enough recruitment seen in the 2024
annual survey to support keeping this area as part of the program. The
area no longer meets the criteria for either closure or controlled
access as defined in 50 CFR 648.55(a)(6). This area would become part
of the open area and could be fished as part of the DAS program or on
LAGC IFQ open area trips after the 60-day carryover period, i.e., after
May 30, 2025.
Full-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 8 provides the proposed limited access full-time allocations
for all of the access areas for the 2025 fishing year and the first 60
days the access areas that are open in the 2026 fishing year. These
allocations could be landed in as many trips as needed, so long as
vessels do not exceed the possession limit (also in table 7) on any one
trip.
Table 8--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2025 Scallop 2026 Scallop allocation
Rotational access area possession limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area I............................. 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
Area II............................ 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
----------------------------------------------------------------------------
Total.......................... ...................... 24,000 lb (10,886 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
Full-Time Limited Access Vessels' One-for-One Access Area Allocation
Exchanges
Framework 39 would allow full-time limited access vessels to
exchange access area allocation in 6,000-lb (2,722-kg) increments. The
owner of a vessel issued a full-time limited access scallop permit
would be able to exchange unharvested scallop pounds allocated into an
access area for another full-time limited access vessel's unharvested
scallop pounds allocated into another access area. For example, a full-
time vessel may exchange 6,000 lb (2,722 kg) from one access area for
6,000 lb (2,722 kg) allocated to another full-time vessel for another
access area. Further, a full-time vessel may exchange 12,000 lb (5,443
kg) from one access area for 12,000 lb (5,443 kg) allocated to another
full-time vessel for another access area. These exchanges may be made
only between vessels with the same permit
[[Page 12514]]
category; a full-time vessel may not exchange allocations with a part-
time vessel, and vice versa. Part-time vessels may not exchange access
area allocations.
Part-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 9 provides the proposed limited access part-time allocations
for all of the access areas for the 2025 fishing year and the first 60
days the access areas are open in the 2026 fishing year. Vessels could
fish the allocation in either of the open access areas (i.e., Area I
and Area II). These allocations could be landed in as many trips as
needed, so long as a vessel does not exceed the possession limit (also
in table 9) or its available allocation on any one trip.
Table 9--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2025 Scallop 2026 Scallop allocation
Rotational access area possession limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area I or Area II \1\.............. 9,600 lb (4,354 kg)... 9,600 lb (4,354 kg)... 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Allocation can be fished in either Area I and/or Area II Access Areas.
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels With IFQ-Only Permits
This action would implement a 1.854 million-lb (841-mt) ACL for
2025 and a 1.845 million-lb (837-mt) default ACL for 2026 for LAGC
vessels with IFQ permits (see table 1). These sub-ACLs provide a
ceiling on overall landings by the LAGC IFQ fleet. If the fleet were to
reach this ceiling, any overages would be deducted from the following
year's sub-ACL. Framework 28 (82 FR 15155, March 27, 2017) changed the
way the LAGC IFQ allocations are set from a direct percentage of the
ACL to a percentage of the APL. The purpose of this change was to help
ensure that the allocation of potential catch between the fleets is
more consistent with the concept of spatial management by allocating
catch to the LAGC IFQ fleet based on harvestable scallops instead of
total biomass. Since Framework 28 was implemented in 2017, the LAGC IFQ
allocation has been equal to 5.5 percent of the projected landings (5
percent for LAGC IFQ vessels and 0.5 percent for LAGC IFQ vessels that
also have a limited access scallop permit). The annual allocation to
the LAGC IFQ-only fleet for fishing years 2025 and 2026 based on APL
would be 901,691 lb (409 mt) for 2025 and 676,819 lb (307 mt) for 2026
(see table 1). Each vessel's IFQ would be calculated from these
allocations based on APL.
If NMFS implements these Framework 39 measures after the April 1
start of the 2025 fishing year, the default 2025 IFQ allocations would
go into place automatically on April 1, 2025. NMFS will notify IFQ
permit holders of both default 2025 and Framework 39 IFQ allocations so
that vessel owners know what mid-year adjustments would occur should
Framework 39 be approved and implemented after the April 1, 2025, start
of fishing year 2025.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels With IFQ
Permits
This action would implement a 185,188-lb (84-mt) ACL for 2025 and a
default 185,188-lb (84-mt) ACL for 2026 for limited access scallop
vessels with IFQ permits (see table 1). These sub-ACLs provide a
ceiling on overall landings by this fleet. If the fleet were to reach
this ceiling, any overages would be deducted from the following year's
sub-ACL. The annual allocation to limited access vessels with IFQ
permits would be 90,390 lb (41 mt) for 2025 and 90,390 lb (41 mt) for
2026 (see table 1). Each vessel's IFQ would be calculated from these
allocations based on APL. NMFS will notify IFQ permit holders of both
default 2025 and Framework 39 IFQ allocations so that vessel owners
know what mid-year adjustments would occur should Framework 39 be
approved and implemented after the April 1, 2025, start of fishing year
2025.
3. LAGC IFQ Trip Allocations for Scallop Access Areas
Framework 39 would allocate LAGC IFQ vessels a fleet-wide number of
trips for fishing year 2025 and no default trips for fishing year 2026
(see table 10). The scallop catch associated with the total number of
trips for all areas combined (571 trips) for fishing year 2025 is
equivalent to 5.5 percent of total projected catch from access areas.
LAGC Access Area trips can be taken in any of the available areas
(Area I or Area II). Once the Regional Administrator has determined
that the total number of LAGC IFQ access area trips have been or are
projected to be taken, all of the access areas would then be closed to
LAGC IFQ fishing.
Table 10--Fishing Years 2025 and 2026 LAGC IFQ Trip Allocations for
Scallop Access Areas
------------------------------------------------------------------------
2026
Scallop access area 2025 \2\
------------------------------------------------------------------------
Area I/Area II/New York Bight \1\..................... 571 0
-----------------
Total............................................. 571 0
------------------------------------------------------------------------
\1\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
\2\ The LAGC IFQ access area trip allocations for the 2026 fishing year
are subject to change through a future specifications action or
framework adjustment.
4. NGOM Scallop Fishery Landing Limits
This action proposes total allowable landings (TAL) in the NGOM of
712,093 lb (323,000 kg) for fishing year 2025. This action would deduct
25,000 lb (11,340 kg) of scallops annually for 2025 and 2026 from the
NGOM TAL to increase the overall Scallop RSA to fund scallop research.
In addition, this action would deduct one percent of the NGOM ABC from
the NGOM TAL for fishing years 2025 and 2026 to support the industry-
funded observer program to help defray the cost to scallop vessels that
carry an observer (table 11).
Amendment 21 developed landing limits for all permit categories in
the NGOM and established an 800,000-lb (362,874-kg) NGOM Set-Aside
trigger for the NGOM directed fishery, with a sharing agreement for
access by all permit categories for allocation above the trigger.
Allocation above the trigger (i.e., the NGOM APL) will be split 5
percent for the NGOM fleet and 95 percent for limited access and LAGC
IFQ fleets. Framework 39 would set a NGOM Set-Aside of 675,563 lb
(306,430 kg) for fishing year 2025 and a default NGOM Set-Aside of
506,672 lb (229.823
[[Page 12515]]
kg) for fishing year 2026. Because the NGOM Set-Aside for fishing years
2025 and 2026 is below the 800,000-lb (362,874-kg) trigger, Framework
39 would not allocate any landings to the NGOM APL. Table 10 describes
the breakdown of the NGOM TAL for the 2025 and 2026 (default) fishing
years.
Table 11--NGOM Scallop Fishery Landing Limits for Fishing Year 2025 and 2026
----------------------------------------------------------------------------------------------------------------
Landings limits 2025 2026 \(1)\
----------------------------------------------------------------------------------------------------------------
NGOM TAL............................. 712,093 lb (323,000 kg). 534,070 lb (242,250 kg).
1 percent NGOM ABC for Observers..... 11,530 lb (5,230 kg).... 11,530 lb (5,230 kg).
RSA Contribution..................... 25,000 lb (11,340 kg)... 25,000 lb (11,340 kg).
NGOM Set-Aside....................... 675,563 lb (306,430 kg). 506,672 lb (229.823 kg).
NGOM APL............................. (\2\)................... (\2\).
----------------------------------------------------------------------------------------------------------------
\1\ The catch limits for the 2026 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2026 that will be based on the 2025 annual
scallop surveys.
\2\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
5. Northern Gulf of Maine Permitted Vessel Transit
This action proposes to allow vessels issued an LAGC Category B
permit to possess scallops and transit, with gear stowed, outside of
the NGOM scallop management area. Vessels issued a NGOM scallop permit
would continue to be prohibited from declaring into or fishing for
scallops outside of the NGOM scallop management area. Vessels issued an
LAGC Category B permit fishing in the NGOM would continue to be limited
to no more than 1,666 lb (756 kg) of in-shell scallops shoreward of the
Vessel Monitoring System (VMS) demarcation line.
Vessels possessing a LAGC Category B permit are currently
prohibited from possessing scallops harvested on a declared NGOM trip
outside of the NGOM scallop management area. Vessels with LAGC Category
A permits are allowed to possess scallops and transit outside of the
area. This proposed change acknowledges that several ports that are
south of 42[deg]20'N. latitude, such as Scituate, and Provincetown, MA,
are a short distance from Stellwagen Bank where the majority of biomass
within the NGOM scallop management area is located. This measure would
allow vessels to possess and land catch in principle ports south of the
southern boundary of the management unit.
6. Scallop Incidental Landings Target TAL
This action proposes a 50,000-lb (22,680-kg) scallop incidental
landings target TAL for each respective fishing year, 2025 and 2026, to
account for mortality from vessels that catch scallops while fishing
for other species and ensure that F targets are not exceeded. The
Council and NMFS may adjust this target TAC in a future action if
vessels catch more scallops under the incidental target TAC than
predicted.
Regulatory Corrections Under Regional Administrator Authority
This proposed rule includes one revision to add regulatory text to
clarify the conditions related to research set-aside harvest.
Regulatory text has been added at Sec. 648.56(i) to clarify that
fishing vessels harvesting research set-aside pounds are not allowed to
also harvest commercial pounds on the same trip.
These revisions are consistent with section 305(d) of the Magnuson-
Stevens Act, which provides authority to the Secretary of Commerce to
promulgate regulations necessary to ensure that amendments to the
Atlantic Sea Scallop FMP are carried out in accordance with the
Atlantic Sea Scallop FMP and the Magnuson-Stevens Act.
Classification
NMFS is proposing annual specifications and management measure
changes pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act,
which provides specific authority for implementing regulations prepared
under section 303(c). Pursuant to section 305(d) of the Magnuson-Steven
Act, this action is necessary to carry out the Atlantic Sea Scallop FMP
by allowing NMFS to implement measures developed in Framework
Adjustment 39 to the Atlantic Sea Scallop FMP for fishing year 2025.
The NMFS Assistant Administrator has determined that this proposed rule
is consistent with the Atlantic Sea Scallop FMP and other applicable
law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant under
Executive Order 12866.
NMFS's primary economic analysis compares projected fleetwide
revenues between the 2025 fishing year (i.e., Framework 39) and the
2024 fishing year (i.e., Framework 38). This approach allows NMFS to
estimate the impacts the rule would have on fishery revenues when
compared to the previous season. The proposed rule would allocate each
full-time limited access vessel 24 open area DAS and 2 access area
trips (i.e., 1 Area I trips at 12,000 lb (5,443 kg) and 1 Area II at
12,000 lb (5,443 kg)) amounting to 24,000 lb (10,886 kg) of projected
landings in the fishing year 2025. As a result of these provisions,
NMFS estimates that projected landings for limited access and LAGC
fleets would decrease by about 7.64 million lbs. (3,465 mt) in the 2025
fishing year. This reduced catch would reduce the fleetwide revenue for
the limited access vessels (including revenue from the LAGC IFQ
vessels) by about $35.7 million (in 2024 dollars), when compared to the
fishing year 2024 projections. The measures proposed in this action are
intended to align and optimize fishery access, in fishing year 2025,
with the current resource conditions, while protecting small scallops
to increase yield in future years.
As a secondary analysis, NMFS also compared projected fleetwide
revenues resulting from this proposed rule with the 2025 default
measures implemented in Framework 38. This approach compares revenues
to a ``no action'' baseline, however it does not reflect the potential
change in fishery revenues when compared with the previous year.
Projected landings under the Framework 38 default measures were
estimated to be 9.16 million lbs., resulting in estimated revenues of
$167.45 million. The proposed measures in this rulemaking are expected
to result in projected landings of 19.75 million lbs., with estimated
revenues of $348.25 million. Therefore, relative to the default
measures that will go into effect without Framework 39, the Framework
provides an increase in projected scallop revenues of $180.8 million.
An IRFA was prepared for Framework 39, as required by section 603
of the Regulatory Flexibility Act (RFA). The
[[Page 12516]]
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A copy of this analysis is available from the
Council (see ADDRESSES). A summary of the IRFA follows:
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
This action proposes the management measures and specifications for
the Atlantic sea scallop fishery for fishing year 2025, along with 2026
default measures. A description of the action, why it is being
considered, and the legal basis for this action are contained in the
Council's Framework 39 document and in the preamble of this proposed
rule. They are not repeated here.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Federal Rules Which May Duplicate, Overlap or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other Federal laws.
Description and Estimate of Number of Small Entities to Which the
Proposed Rule Would Apply
The proposed regulations would affect all vessels with limited
access, LAGC IFQ, and LAGC NGOM scallop permits. Framework 39 (section
5.6) and the LAGC IFQ Performance Evaluation (2017) provide extensive
information on the number of vessels that would be affected by the
proposed regulations, their home and principal state, dependency on the
scallop fishery, and revenues and profits (see ADDRESSES). There were
315 vessels that held full-time limited access permits in fishing year
2023, including 250 dredge, 54 small-dredge, and 11 scallop trawl
permits. In the same year, there were also 29 part-time limited access
permits in the sea scallop fishery. No vessels were issued occasional
scallop permits in 2023. Approximately 99 of the IFQ vessels and 89
NGOM vessels actively fished for scallops in fishing year 2023. The
remaining IFQ permits likely leased out scallop IFQ allocations with
their permits in Confirmation of Permit History. The limited access
fleet also held LAGC permits, i.e., 39 of limited access vessels also
had IFQ permits; 66 had NGOM permits, and 76 had incidental permits.
For RFA purposes, NMFS defines a small business in a shellfish
fishery as a firm that is independently owned and operated with
receipts of less than $11 million annually (see 50 CFR 200.2).
Individually permitted vessels may hold permits for several different
fisheries, harvesting species of fish that are regulated by several
different fishery management plans, in addition to those impacted by
the proposed action. Furthermore, multiple permitted vessels and/or
permits may be owned by entities affiliated through stock ownership,
common management, identity of interest, contractual relationships, or
economic dependency. For the purposes of this analysis, ``ownership
entities'' are defined as those entities with common ownership as
listed on the permit application. Only permits with identical ownership
are categorized as an ``ownership entity.'' For example, if five
permits have the same seven persons listed as co-owners on their permit
applications, those seven persons would form one ``ownership entity''
that holds those five permits. If two of those seven owners also co-own
additional vessels, that ownership arrangement would be considered a
separate ``ownership entity'' for the purpose of this analysis.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2023 permits
and contains average gross sales associated with those permits for
calendar years 2019 through 2023. Matching the potentially impacted
2023 fishing year permits described above (i.e., limited access and
LAGC IFQ) to calendar year 2023 ownership data results in 153 distinct
ownership entities for the limited access fleet and 76 distinct
ownership entities for the LAGC IFQ fleet. Based on the Small Business
Administration (SBA) guidelines, 146 of the limited access distinct
ownership entities and 76 LAGC IFQ entities are categorized as small.
Seven limited access and none of LAGC IFQ entities are categorized as
large business entities with annual fishing revenues over 11 million
dollars in the calendar year 2023. There were 85 distinct small
business entities with NGOM permits in 2023.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
A detailed description of each specification alternative is
provided in section 4.3 of the draft Framework 39 EA (see ADDRESSES),
and economic analyses and impacts are provided in section 6.6.1. For
the purposes of the RFA analysis (section 7.12), the Council's
preferred alternative is evaluated relative to the fishing year 2024
projections for the Framework 38 preferred alternative.
The Council's preferred alternative (section 4.3.6) in Framework 39
would allocate each full-time limited access vessel 24 open area DAS
and 2 access area trips (i.e., 1 Area I trips at 12,000 lb (5,443 kg)
and 1 Area II at 12,000 lb (5,443 kg)) amounting to 24,000 lb (10,886
kg) in fishing year 2025. This is estimated to result in about 19.75
million lb (8,958 mt) of annual projected landings after research and
observer set asides are accounted for. The limited access share of 94.5
percent is approximately 17.04 million lb (7,729 mt). The LAGC IFQ
share (5.5 percent allocation for both IFQ only and limited access
vessels with IFQ permits) will be approximately 0.992 million lb (450
mt).
The preferred alternative (section 4.3.6) is expected to have
negative impacts on the revenues and profits of small entities
regulated by this action in fishing year 2025 (i.e., Framework 39)
compared to the primary baseline fishing year 2024 (i.e., Framework 38)
scenario. The decline in revenue per entity between fishing year 2024
levels and fishing year 2025 is a result of a decline in projected
landings between these fishing years. Projected landings for limited
access and LAGC fleets are expected to decrease by about 7.64 million
lb (3,465 mt) in the Framework 39 preferred alternative compared to the
analysis for 2024 provided in Framework Adjustment 38 to the FMP (89 FR
20341, March 22, 2024).
A hybrid system of DAS, trip limits, and rotational closures is
used in the management of Atlantic sea scallops. This approach can
result in increases and decreases in landings over time, depending on
which rotational areas may be open for harvest or closed to protect
small scallops and improve yield-per-recruit. Considering that
rotational closures and rotational harvest are driven by underlying
resource conditions (i.e., level of exploitable biomass), a major
driver of scallop fishery allocations is
[[Page 12517]]
recruitment. Due to the lack of strong incoming recruitment over the
last 10 years, overall landings, and subsequent economic benefits have
steadily declined since 2019.
Framework 39 economic benefits are expected to be lower when
compared with the primary baseline Framework 38 preferred alternative
due to recent declines in exploitable biomass, but higher when compared
to the default measures. The measures proposed in this action are
intended to align and optimize fishery access, in fishing year 2025,
with the current resource conditions, while protecting small scallops
to increase yield in future years. Under the Framework 39 preferred
alternative (section 4.3.6), fleetwide revenue for the limited access
vessels (including revenue from the LAGC IFQ vessels) would be lower by
about $35.7 million (in 2024 dollars) compared to the preferred
alternative in Framework 38. Revenue per entity for limited access
vessels in fishing year 2025 under the Framework 39 preferred
alternative would be lower by about $0.14 million as compared to the
Framework 38 preferred alternative in fishing year 2024.
Projected landings under the alternative baseline Framework 38
default measures are estimated to be 9.16 million lb, resulting in
estimated revenues of $167.45 million. The proposed measures in
Framework 39, result in projected landings of 19.75 million lb, with
estimated revenues of $348.25 million. Therefore, relative to the
default measures that will go into effect without Framework 39, the
Framework provides an increase in projected scallop revenues of $180.8
million.
The preferred alternative (section 4.3.6) would have about 9.3
percent lower revenue per entity compared to the primary baseline
Framework 38 preferred alternative. The negative economic impact on
entities in Framework 39 is primarily due to lower abundance and
biomass, and below-average recruitment for several years, even though
scallop prices are estimated to be higher during Framework 39 compared
to Framework 38. Higher prices were not enough to compensate for the
loss in fishing income due to the larger magnitude of the scallop
landing losses. Under the preferred alternative (section 4.3.6),
allocations for the LAGC IFQ fishery, including the limited access
vessels with IFQ permits, will be about 29.5 percent lower than the
allocation that was implemented for fishing year 2024 under Framework
38. In terms of revenue, this difference is expected to be of similar
magnitude and negative for the preferred alternative relative to 2024
levels. Therefore, the Framework 39 preferred alternative will have
negative economic impacts on the LAGC IFQ fishery compared to fishing
year 2024 levels due to a decline in scallop landing allocation for the
LAGC IFQ fleet.
The economic benefits of all the alternatives considered in this
Framework, including the proposed alternative, will exceed economic
benefits of the alternative baseline of No Action (i.e., default
specifications). The specification alternatives considered in Framework
39 differ across alternatives with each alternative allocating to the
same access area allocations. Differences between the alternatives are
driven by the number of DAS allocated, which ranges from 18 to 26 DAS,
and the trip limit, which ranges from 10,000 lb (4,536 kg) to 14,000 lb
(6,350 kg). The Council's preferred alternative, alternative 6 (section
4.3.6) (see ADDRESSES) would result in a higher allocation to the LA
and LAGC IFQ components in 2025 compared to all other alternatives
except Alternative 5 (section 4.3.5).
Framework 39 is expected to result in lower revenues compared to
the primary baseline Framework 38 preferred alternative in fishing year
2024 primarily due to lower projected landings (table 12 and table 13).
The percent change in revenue per business entity for Framework 39
alternatives is expected to decline by 9.3 percent compared to the
Framework 38 baseline. Under the preferred alternative in Framework 39,
revenues per entity with limited access permits are estimated to be
below fishing year 2024 levels by about 20 percent in fishing year
2025.
Access Areas--Delayed Opening and Seasonal Closure
This action proposes two measures that would impact the timing of
fishing in scallop access areas. The proposed change to open access
areas on May 15, instead of April 1, as described in section 4.5 of the
draft EA, is intended to align the timing of scallop fishing when
scallop yield is higher. Scallop yield fluctuates seasonally, with
yields on Georges Bank highest in the summer. As described in section
6.6.6.6.2 of the draft EA the economic impact of this alternative
(Alternative 2) is expected to be slight positive, and slight positive
relative to the current opening date, as fishing during times of
improved yield would reduce trip costs compared to fishing during times
of lower yield.
This action also proposes a seasonal closure of the Area II access
area from November 15 to May 15 (section 4.7). The current seasonal
closure (August 15-November 15) is not well aligned with times of high
flatfish bycatch, and closes the area during a time of relatively high
scallop yield. Changing the timing of the closure would allow scallop
fishing in Area II through the end of summer and into the fall when
scallop yields are still high and windowpane bycatch is lower. As
described in section 6.6.1.7.2.3 the economic impacts of the seasonal
closure are expected to be slight positive.
Although it is not practicable to precisely quantify the economic
impact of these seasonal access area changes, one of the primary
objectives is to allow for scallop fishing during the times when
scallop yield is the highest.
Northern Gulf of Maine
The Council considered 4 NGOM TAL options for fishing year 2025
that ranged from 487,068 lb (216,848 kg) (option 1) to 675,563 lb
(306,430 kg) (option 3). The preferred alternative (section 4.5.2)
would have a higher TAL (675,563 lb, 306,430 kg) and revenue compared
to the alternative 2 (option 2).
Under the sharing arrangement approved for the NGOM Management Area
in Amendment 21, Framework 39 would not allocate pounds to the LAGC IFQ
or limited access components for fishing year 2025 because the NGOM
set-aside did not exceed 800,000 lb (362,874 kg). Therefore, this
action would not have direct impacts on the limited access component.
As described in section 4.2.2.2 of the draft EA, this action also
proposes to allow vessels with a limited access general category B
permit to transit, with gear stowed, outside of the Northern Gulf of
Maine scallop management area with scallops onboard. This would relieve
a current regulatory restriction by allowing vessels additional
flexibility in their landing port. As described in the draft EA
(section 6.6.6.2.2) this alternative would not increase or decrease
landings or revenue but would distribute landings and revenue to a
broader range of fishing ports. The economic impact of this alternative
would be negligible.
LAGC IFQ
The Council considered six alternatives for LAGC IFQ access area
allocations. As noted above, Alternative 6, with the Council's
preferred in section 4.6, would allocate 571 total trips from Area I
and Area II. Under Alternative 1 (No Action), the number of total
access area trips would be zero. Because Landings Per Unit of Effort
(LPUE) in the open bottom is projected
[[Page 12518]]
to decrease in 2025, LAGC IFQ vessels may have more opportunities to
target larger scallops in areas of high abundance and would likely
utilize rotational trips. The preferred alternative for LAGC access
area allocations would have higher economic benefits for the small
business entities in the LAGC IFQ fishery compared to No Action and
alternatives 2 through 4, but not alternative 5.
Research Set-Aside
The research set-aside proposed in this action is the same as 2024
(1.275 million lb (578 mt). Under the default measures used for the
alternative baseline, RSA compensation fishing is limited to open
areas. As described in section 4.5.2 of the draft EA, this action
proposes to allow RSA compensation fishing opportunities up to 50
percent of the total available RSA compensation pounds in higher-
density areas (Area I and Area II). While we cannot quantitatively
estimate the economic impacts, as described in section 6.6.1.5.2 of the
draft EA, this alternative is expected to result in slight positive
economic impacts overall relative to the alternative baseline of no
action because it would allow vessels to direct fishing effort to areas
with higher concentrations of scallops. Because this option would allow
directed scallop fishing on larger scallops in high densities, it could
result in lower trip costs compared to open area fishing. Access to
larger scallops in access areas could have a positive effect on
revenues, which is an important part of the RSA program.
This action will not have a significant economic impact on a
substantial number of small entities. Economic impacts of Framework 39
preferred alternatives, including fishery specifications, access area
trip allocations for the limited access and LAGC IFQ fisheries, except
NGOM measures, are expected to be negative for the scallop vessels and
small business entities compared to the fishing year 2024 primary
baseline implemented through Framework 38. This is primarily due to a
decline in the projected landings which is expected to result in a
$0.14 million per vessel reduction in revenues (roughly 9.3 percent
reduction relative to the Framework 38 baseline). There are only seven
large entities in the limited access component of the scallop fishery
and impacts on scallop revenues to small entities would not be
disproportionate. The economic analysis indicates that this change will
not result in large-scale restructuring of the scallop fishery, closure
of any businesses, or negative market effects. All entities would be
impacted in a similar way from a higher projected landing allocation. A
negative economic impact in Framework 39 compared to Framework 38 is
primarily due to a stock recruitment condition leading to a decline in
projected scallop landing. Please submit any comments concerning this
IRFA in accordance with the instructions provided in the ADDRESSES
section of this proposed rule.
Table 12--Scallop Revenue for Limited Access Vessels in Fishing Year 2025 and Percent Change From Fishing Year 2024
[Revenues in 2024 million dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternatives/runs Framework 39 alternatives FW38's
-------------------------------------------------------------------------------------------------------------------------------------------- preferred
Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 Status alternative
------------------------------------------------------- (pref) quo ------------
----------------------
Description Unit 4.3.1 No 4.3.6 4.3.7
action 4.3.2 4.3.3 4.3.4 4.3.5 Pref. Status (in 2024$)
alt. quo
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated scallop APL landings...... mil lb.................. 8.764 16.258 19.018 19.095 21.743 19.752 26.935 27.39
Estimated LA scallop landings (94.5% mil lb.................. 6.657 13.739 16.347 16.420 18.922 17.041 23.829 24.19
net of set asides).
No. of Entities (Average in 2019- Counts.................. 154 154 154 154 154 154 154 151
2023) both small and large.
Estimated revenues for scallop APL.. mil dollars............. $160.258 $294.745 $339.743 $336.598 $378.649 $348.249 $455.377 $397.37
Scallop revenue per Entity.......... mil dollars............. $0.953 $1.640 $1.912 $1.860 $2.115 $1.940 $2.153 $2.13
Change in scallop revenue per entity %....................... -55.3% -23.0% -10.2% -12.7% -0.7% -8.9% +1.1% 0.00%
compared to FW38 preferred
alternative.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 13--Impacts of the LAGC IFQ Allocation for Fishing Year 2025
[Framework 39]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Framework 39 alternatives
-------------------------------------------------------------------------------------------------------------------------------------------- Framework 38
Sections Alt. 1 (no action) Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 (preferred) Status quo preferred
-------------------------------------------------------------------------------------------------------------------------------------------- alternative
4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation for IFQ-only vessels 352,244 lb........ 726,919 lb........ 864,929 lb........ 868,787 lb........ 1,001,174 lb...... 901,636 lb........ 1,260,769 lb...... 1,279,673 lb
(5%). (160 mt).......... (330 mt).......... (392 mt).......... (394 mt).......... (454 mt).......... (409 mt).......... (572 mt).......... (580 mt).
Allocation for LA vessels with 35,224 lb......... 72,692 lb......... 86,493 lb......... 86,879 lb......... 100,117 lb........ 90,163 lb......... 126,077 lb........ 127,967 lb
IFQ permits (0.5%). (15,977 kg)....... (32,973 kg)....... (39,233 kg)....... (39,408 kg)....... (45,412 kg)....... (40,897 kg)....... (57,188 kg)....... (58,045 kg).
Total Allocation for IFQ fishery 387,468 lb........ 799,611 lb........ 951,421 lb........ 955,665 lb........ 1,101,292 lb...... 991,799 lb........ 1,386,845 lb...... 1,407,641 lb
(5.5%) *. (176 mt).......... (363 mt).......... (432 mt).......... (433 mt).......... (500 mt).......... (450 mt).......... (629 mt).......... (638 mt).
Percent Change in estimated -72.5%............ -43.2%............ -32.4%............ -32.1%............ -21.8%............ -29.5%............ -1.5%............. 0.0%.
landings (and revenue) per
business entity from Status Quo.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* APL with set asides removed.
[[Page 12519]]
Table 14--Impacts of the Preferred Alternative 2 Option 1 and Other Alternatives for NGOM Scallop Fishery
Relative to the Alternative No Action Baseline
[2025 fishing year and monetary values in 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Alternative 2 Alternative 1
-----------------------------------------------------------------------------
4.2.1.2.1 4.2.1.2.2
----------------------------------------------------
Option 1 (preferred) Option 2 No action
----------------------------------------------------
F=0.18 F=0.20
----------------------------------------------------------------------------------------------------------------
2025 Total Allowable Landings 712,093 lb.............. 523,598 lb..............
(TAL). (323 mt)................ (238 mt)................
1 Percent NGOM ABC for Observers.. 11,530 lb............... 11,530 lb...............
(5 mt).................. (5 mt)..................
2025 RSA Contribution............. 25,000 lb............... 25,000 lb...............
(11 mt)................. (11 mt).................
2025 NGOM Set-Aside............... 675,563 lb.............. 487,068 lb.............. 315,449 lb
(306 mt)................ (221 mt)................ (143 mt).
Impacts of the NGOM Set-Aside:
Estimated LAGC revenue........ $11,970,686............. $8,630,635.............. $5,589,621.
DAS........................... 3,378................... 2,435................... 1,577.
Trip costs.................... $2,705,630.............. $1,950,707.............. $1,263,373
Revenue....................... $9,265,056.............. $6,679,928.............. $4,326,247.
Revenue net of No Action...... $4,938,809.............. $2,353,681..............
Revenue net of No Action 114.17%................. 54.39%.................. 0.00%.
Percent.
----------------------------------------------------------------------------------------------------------------
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 12, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
0
2. In Sec. 648.53, revise paragraphs (a)(9) and (b)(3) to read as
follows:
Sec. 648.53 Overfishing limit (OFL), acceptable biological catch
(ABC), annual catch limits (ACL), annual catch targets (ACT), annual
projected landings (APL), DAS allocations, and individual fishing
quotas (IFQ). (a) * * *
(9) Scallop fishery catch limits. The following catch limits will
be effective for the 2025 and 2026 fishing years:
Table 2 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2025 (mt) 2026 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 28,970 30,031
ABC/ACL (discards removed).............. 17,901 17,745
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 179 177
NGOM Set-Aside.......................... 306 230
ACL for fishery......................... 16,815 16,736
Limited Access ACL...................... 15,890 15,816
LAGC Total ACL.......................... 925 920
LAGC IFQ ACL (5 percent of ACL)......... 841 837
Limited Access with LAGC IFQ ACL (0.5 84 84
percent of ACL)........................
Limited Access ACT...................... 13,771 13,707
APL (after set-asides removed).......... 8,180 (\1\)
Limited Access APL (94.5 percent of APL) 7,730 (\1\)
Total IFQ Annual Allocation (5.5 percent 450 337
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 409 307
APL) \2\...............................
Limited Access with LAGC IFQ Annual 41 31
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2026 that will be based on the 2025
annual scallop surveys. The 2026 default allocations for the limited
access component are defined for DAS in paragraph (b)(3) of this
section and for access areas in Sec. 648.59(b)(3)(i)(B).
\2\ As specified in paragraph (a)(6)(iii)(B) of this section, the 2026
IFQ annual allocations are set at 75 percent of the 2025 IFQ Annual
Allocations.
[[Page 12520]]
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2025 and 2026 are as follows:
Table 3 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
2026
Permit category 2025 \1\
------------------------------------------------------------------------
Full-Time............................................. 24 18
Part-Time............................................. 9.6 7.2
Occasional............................................ 2.0 1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment. The
2026 DAS allocations are set at 75 percent of the 2025 allocation as a
precautionary measure.
* * * * *
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3. Amend Sec. 648.56 by adding paragraph (i) to read as follows:
Sec. 648.56 Scallop research.
* * * * *
(i) Vessels on compensation fishing trips, harvesting scallops for
RSA compensation, may not fish for, or land scallops except for RSA
compensation. Vessels on compensation fishing trips may not fish for,
or land scallops on DAS, access area allocation, or IFQ allocation.
0
4. Amend Sec. 648.59 by revising paragraphs (a)(2)(i), (b)(3)(i)(B),
(c), (e), (g)(1), and (g)(3)(v) to read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and
Access Area Program requirements. (a) * * *
(2) * * *
(i) Scallop Rotational Areas Available for Continuous Transit:
(A) Area 1 Scallop Transit Area
Table 1 to Paragraph (a)(2)(i)(A)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
AIT1........................ 40[deg]58.2' N 68[deg]30' W
AIT2........................ 40[deg]55.8' N 68[deg]46.8' W
AIT3........................ 41[deg]3.0' N 68[deg]52.2' W
AIT4........................ 41[deg]0.6' N 68[deg]58.2' W
AIT1........................ 40[deg]58.2' N 68[deg]30' W
------------------------------------------------------------------------
(ii) [Reserved]
(b) * * *
(3) * * *
(i) * * *
(B) The following access area allocations and possession limits for
limited access vessels shall be effective for the 2025 and 2026 fishing
years:
(1) Full-time vessels. (i) For a full-time limited access vessel,
the possession limit and allocations are:
Table 2 to Paragraph (b)(3)(i)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2025 Scallop 2026 Scallop allocation
Rotational access area limit allocation (default) \1\
----------------------------------------------------------------------------------------------------------------
Area I............................. 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
Area II............................ 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
----------------------------------------------------------------------------
Total.......................... ...................... 24,000 lb (10,886 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ The access area allocations for the 2026 fishing year are subject to change through a future specifications
action or framework adjustment.
(ii) [Reserved]
(2) Part-time vessels. (i) For a part-time limited access vessel,
the possession limit and allocations are as follows:
Table 3 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2025 Scallop 2026 Scallop allocation
Rotational access area limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area Ior Area II \a\............... 9,600 lb (4,354 kg) 9,600 lb (4,354 kg)... 0 lb (0 kg).
per trip.
----------------------------------------------------------------------------
Total.......................... ...................... 9,600 lb (4,354 kg)... 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\a\ Allocation can be fished in either Area I and/or Area II Access Areas.
(ii) [Reserved]
(3) Occasional limited access vessels. (i) For the 2025 fishing
year only, an occasional limited access vessel is allocated 2,000 lb
(907 kg) of scallops with a trip possession limit at 2,000 lb of
scallops per trip (907 kg per trip). Occasional limited access vessels
may harvest the 2,000 lb (907 kg) allocation from Area I or Area II
Access Areas.
(ii) For the 2026 fishing year, occasional limited access vessels
are not allocated scallops in any rotational access area.
* * * * *
(c) Scallop Access Area scallop allocation carryover. With the
exception of vessels that held a Confirmation of Permit History as
described in Sec. 648.4(a)(2)(i)(J) for the entire fishing year
preceding the carry-over year, a limited access scallop vessel may fish
any unharvested Scallop Access Area allocation from a given fishing
year within the first 60 days the access area is open in the subsequent
fishing year, unless otherwise specified in this section. However, the
vessel may not exceed the Scallop Rotational Area trip possession
limit. For example, if a full-time vessel has 7,000 lb (3,175 kg)
remaining in the Area II Access Area at the end of fishing year 2024,
that vessel may harvest those 7,000 lb (3,175 kg) during the first 60
days that the Area II Access Area is open in fishing year 2025 (May 15,
2025, through July 13, 2025). * * * * * (e) Sea Scallop Research Set-
Aside Harvest in Scallop Access Areas. Unless otherwise specified, RSA
may be harvested in any access area that is open in a given fishing
year, as specified through a specifications action or framework
adjustment and pursuant to Sec. 648.56. The amount of scallops that
can be harvested in each access area by vessels participating in
approved RSA projects shall be determined through the RSA application
review and approval process. The access areas open for RSA harvest for
fishing years 2025 and 2026 are:
(1) 2025. Area I and II Scallop Rotational Access Areas.
[[Page 12521]]
(2) 2026. No access areas.
* * * * *
(g) * * *
(1) An LAGC scallop vessel may only fish in the scallop rotational
areas specified in Sec. 648.60 or in paragraph (g)(3)(iv) of this
section, subject to any additional restrictions specified in Sec.
648.60, subject to the possession limit and access area schedule
specified in the specifications or framework adjustment processes
defined in Sec. 648.55, provided the vessel complies with the
requirements specified in paragraphs (b)(1) through (2), (b)(6) through
(9) and (d) through (g) of this section. A vessel issued both a NE
multispecies permit and an LAGC scallop permit may fish in an approved
SAP under Sec. 648.85 and under multispecies DAS in the Area II and
Area I, Scallop Rotational Areas specified in Sec. 648.60, when open,
provided the vessel complies with the requirements specified in Sec.
648.59 and this paragraph (g), but may not fish for, possess, or land
scallops on such trips.
* * * * *
(3) * * *
(v) LAGC IFQ access area allocations. The following LAGC IFQ access
area trip allocations will be effective for the 2025 and 2026 fishing
years:
Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
2026
Scallop access area 2025 \a\
------------------------------------------------------------------------
Area I/Area II \b\.................................... 571 0
-----------------
Total............................................. 571 0
------------------------------------------------------------------------
\a\ The LAGC IFQ access area trip allocations for the 2026 fishing year
are subject to change through a future specifications action or
framework adjustment.
\b\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
* * * * *
0
5. Amend Sec. 648.60 by:
0
a. Revising paragraphs (a) and (b)(2);
0
b. Removing and reserving paragraphs (c) and (d);
0
d. Revising paragraph (g);
0
e. Adding paragraph (h); and
0
f. Removing and reserving paragraph (j).
The revisions and additions read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
(a) Area I--Rotational Area--(1) Area I--Rotational Area
definition. The Area I Rotational Area is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request):
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
AI1......................... 40[deg]55.0' N 68[deg]53.4' W
AI2......................... 41[deg]30.0' N 69[deg]23.0' W
AI3......................... 41[deg]30.0' N 68[deg]30.0' W
AI4......................... 40[deg]58.0' N 68[deg] 30.0' W
AI1......................... 40[deg]55.0' N 68[deg]53.4' W
------------------------------------------------------------------------
(2) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Area I
Scallop Rotational Access Area, defined in paragraph (a)(1) of this
section, during the period from April 1 to May 15 of each year the Area
I Access Area is open to scallop vessels, unless transiting pursuant to
Sec. 648.59(a).
(b) * * *
(2) Season. (i) A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Area II
Scallop Rotational Access Area, defined in paragraph (b)(1) of this
section, during the period of November 15 to May 15 of each year the
Area II Access Area is open to scallop vessels, unless transiting
pursuant to Sec. 648.59(a).
(ii) [Reserved]
(g) Nantucket Lightship Scallop Rotational Area--(1) Nantucket
Lightship Scallop Rotational Area definition. The Nantucket Lightship
Scallop Rotational Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):
Table 3 to Paragraph (g)(1)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NL1......................... 40[deg]20.0' N 69[deg]30.0' W
NL2......................... 40[deg]20.0' N 68[deg]48.0' W
NL3......................... 40[deg]33.0' N 68[deg]48.0' W
NL4......................... 40[deg]33.0' N 69[deg]00.0' W
NL5......................... 40[deg]50.0' N 68[deg]60.0' W
NL6......................... 40[deg]50.0' N 69[deg]30.0' W
NL1......................... 40[deg]20.0' N 69[deg]30.0' W
------------------------------------------------------------------------
(2) [Reserved]
(h) Elephant Trunk Scallop Rotational Area--(1) Elephant Trunk
Scallop Rotational Area definition. The Elephant Trunk Scallop
Rotational Area is defined by straight lines connecting the following
points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):
Table 4 to Paragraph (h)(1)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ET1......................... 38[deg]50.0' N 74[deg]20.0' W
ET2......................... 38[deg]50.0' N 73[deg]30'.0 W
ET3......................... 38[deg]10.0' N 73[deg]30.0' W
ET4......................... 38[deg]10.0' N 74[deg]20.0' W
ET1......................... 38[deg]50.0' N 74[deg]20.0' W
------------------------------------------------------------------------
(2) [Reserved]
* * * * *
0
6. In Sec. 648.62, revise paragraph (a)(1), add paragraph (a)(4), and
revise paragraph (b)(1) to read as follows:
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
(a) * * *
(1) A vessel fishing under a NGOM scallop permit may only fish for
scallops in the NGOM scallop management area.
* * * * *
(4) A vessel issued a NGOM scallop permit may possess scallops
outside the NGOM management unit if all fishing gear is stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
(b) * * *
(1) The following landings limits will be effective for the NGOM
for the 2025 and 2026 fishing years.
[[Page 12522]]
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Landings limits 2025 2026 \(a)\
------------------------------------------------------------------------
NGOM TAL................................ 712,093 lb 534,070 lb.
1 percent NGOM ABC for Observers........ 11,530 lb 11,530 lb.
RSA Contribution........................ 25,000 lb 25,000 lb.
NGOM Set-Aside.......................... 675,563 lb 506,672 lb.
NGOM APL................................ (\c\) (\c\).
------------------------------------------------------------------------
\a\ The landings limits for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment.
\b\ The catch limits for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2026 that will be based on the 2024
annual scallop surveys.
\c\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874
kg).
* * * * *
[FR Doc. 2025-04276 Filed 3-14-25; 11:15 am]
BILLING CODE 3510-22-P
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