Rule2025-06444
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; 2025 Closure of the Northern Gulf of Maine Scallop Management Area to the Limited Access General Category Fishery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 16, 2025
Effective
April 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the closure of the Northern Gulf of Maine (NGOM) Scallop Management Area for the remainder of the 2025 fishing year. After reviewing final harvest information, the area may be reopened by Framework 39, if approved, for Limited Access General Category vessels. Subject to specific enumerated exceptions, possession, retention, or landing of scallops is prohibited in the NGOM Scallop Management Area once the Regional Administrator publishes a notification in the Federal Register that the NGOM Set-Aside has been reached. This action is intended to prevent the overharvest of the 2025 NGOM Set-Aside.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 72 (Wednesday, April 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Rules and Regulations]
[Pages 15938-15940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06444]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240314-0080; RTID 0648-XE842]
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; 2025 Closure of the Northern Gulf of Maine Scallop Management
Area to the Limited Access General Category Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of the Northern Gulf of Maine
(NGOM)
[[Page 15939]]
Scallop Management Area for the remainder of the 2025 fishing year.
After reviewing final harvest information, the area may be reopened by
Framework 39, if approved, for Limited Access General Category vessels.
Subject to specific enumerated exceptions, possession, retention, or
landing of scallops is prohibited in the NGOM Scallop Management Area
once the Regional Administrator publishes a notification in the Federal
Register that the NGOM Set-Aside has been reached. This action is
intended to prevent the overharvest of the 2025 NGOM Set-Aside.
DATES: Effective 1800 hour local time, April 16, 2025, through March
31, 2026.
FOR FURTHER INFORMATION CONTACT: Ashley Trudeau, Fishery Resource
Management Specialist, (978) 281-9252.
SUPPLEMENTARY INFORMATION: The regulations governing fishing activity
in the NGOM Scallop Management Area are located in 50 CFR 648.54 and
648.62. These regulations authorize vessels issued a valid Federal
scallop permit to fish in the NGOM Scallop Management Area under
specific conditions, including the NGOM Set-Aside for the 2025 fishing
year, and a State Waters Exemption Program for the State of Maine and
Commonwealth of Massachusetts. Section 648.62(b)(2) requires the NGOM
Scallop Management Area to be closed to scallop vessels issued Federal
Limited Access General Category (LAGC) scallop permits, except as
provided below, once the NMFS Greater Atlantic Regional Administrator
provides notice that 100 percent of the NGOM Set-Aside has been
harvested. Any vessel that holds a Federal NGOM (LAGC B) or Individual
Fishing Quota (IFQ) (LAGC A) permit may continue to fish in the Maine
or Massachusetts state waters portion of the NGOM Scallop Management
Area under the State Waters Exemption Program found in Sec. 648.54
provided it has a valid Maine or Massachusetts state scallop permit and
fishes only in that state's respective waters.
Based on trip declarations by federally permitted LAGC scallop
vessels fishing in the NGOM Scallop Management Area and analysis of
fishing effort, NMFS projects that the default 2025 NGOM Set-Aside has
been harvested. Thus, in accordance with Sec. 648.62(b)(2), the NGOM
Scallop Management Area is closed to all federally permitted LAGC
scallop vessels as of the effective date and time of this action, the
quickest date NMFS was able to close. As of this date, no vessel issued
a Federal LAGC scallop permit may fish for, possess, or land scallops
in or from the NGOM Scallop Management Area after the effective date
and time of this action, unless the vessel is fishing exclusively in
state waters and is participating in an approved state waters exemption
program as specified in Sec. 648.54. Any federally permitted LAGC
scallop vessel that has declared into the NGOM Scallop Management Area,
complied with all trip notification and observer requirements, and
crossed the vessel monitoring system demarcation line on the way to the
area before the effective date and time of this action, may complete
its trip and land scallops. This closure is in effect until the end of
the 2025 scallop fishing year, through March 31, 2026, or until
replaced by Framework 39, if approved and appropriate.
The proposed rule for Framework Adjustment 39 to the Atlantic Sea
Scallop Fishery Management Plan (90 FR 12510) published on March 18,
2025, and the public comment period ended on April 2, 2025. Framework
39 would increase the NGOM set-aside from the current default
allocation of 315,449 lb (143 mt) to 675,563 lb (306 mt). If Framework
39 is approved, the final rule implementing final 2025 scallop fishery
specification would subtract NGOM harvest made under the default
specifications from the Framework 39 2025 NGOM Set-Aside amount and
reopen the NGOM Management Area, if appropriate given the landings
already accrued, with the remaining NGOM Set-Aside for the remainder of
fishing year 2025.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries finds good cause pursuant
to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment because it would be contrary to the public interest and
impracticable. NMFS also finds, pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30-day delayed effectiveness period. Exigent
circumstances necessitate this closure action and any delay would harm
the public interest. The NGOM Scallop Management Area opened for the
2025 fishing year on April 1, 2025, under default measures implemented
under Framework Adjustment 38 (89 FR 20341, March 22, 2024). Applicable
regulations at Sec. 648.60(b)(2) require this closure to ensure that
federally permitted scallop vessels do not harvest more than the
allocated NGOM Set-Aside. However, NMFS can only make projections for
the NGOM closure date as trips into the area occur on a real-time basis
and as activity trends appear. As a result, accurate projections are
only available shortly before the set-aside is harvested. Since the
April 1, 2025, opening, scallops have been harvested at an average rate
of 33,800 lb (1533 kg) per day with a resulting estimated harvest of
198,000 lb (89,811 kg), 63 percent of the NGOM Set-Aside. The rapid
harvest rate that has occurred does not allow for projections far
enough in advance that would allow for notice of a proposed rule, a
comment period, or a delay in rule effectiveness. Accordingly, earlier
rule publication was not possible. Allowing federally permitted LAGC
scallop vessels to continue taking trips in the NGOM Scallop Management
Area during the period necessary to publish and receive comments on a
proposed rule, or delay rule effectiveness, would result in vessels
harvesting more than the 2025 NGOM Set-Aside for the NGOM Scallop
Management Area. This would result in excessive fishing effort in the
area thereby undermining conservation and management objectives of the
Atlantic Sea Scallop Fishery Management Plan and requiring more
restrictive future management measures to make up for the excessive
harvest. Applicable regulations at Sec. 648.62(b)(3) require that
overages of the NGOM set-aside are subject to pound-for-pound payback
in a subsequent fishing year. In addition, reductions in NGOM scallop
biomass associated with excessive harvest would result in lower NGOM
total allowable landings in future years. As such, delaying this
closure action to afford the public with a comment period or a delay in
effectiveness would harm the public. The public had prior notice and
full opportunity to comment on this closure process during notice and
comment rulemaking for Framework 38. Stakeholders are also aware that
NMFS closes the NGOM Scallop Management Area when it projects the NGOM
Set-Aside is fully harvested. This process occurs annually dating back
to the adoption of Amendment 11 to the Scallop FMP in 2007. As stated
above, any scallop vessel that has declared into the NGOM Scallop
Management Area, complied with all trip notification and observer
requirements, and crossed the vessel monitoring system demarcation line
on the way to the area before the effective date of this closure, may
complete its trip and land scallops. Therefore, those affected by this
regulation are given the reasonable opportunity to complete a trip in
progress and those who have not begun any such trip do not need 30 days
in which to comply with the effective date
[[Page 15940]]
of this closure, because the rule prohibits them from taking action
they have not yet taken.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 11, 2025.
Kelly Denit,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-06444 Filed 4-11-25; 4:15 pm]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on April 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.