Rule2026-05990
Fisheries of the Northeastern United States; Framework Adjustment 40 to the Atlantic Sea Scallop Fishery Management Plan
Primary source
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Published
March 27, 2026
Effective
April 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements Framework Adjustment 40 to the Atlantic Sea Scallop Fishery Management Plan (FMP) that establishes specifications for fishing years 2026 and 2027, including days-at-sea, limited access general category allocations, and modified area designations to optimize yield and to protect juvenile scallops. 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 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Rules and Regulations]
[Pages 14782-14789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05990]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260324-0089]
RIN 0648-BO34
Fisheries of the Northeastern United States; Framework Adjustment
40 to the Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS approves and implements Framework Adjustment 40 to the
Atlantic Sea Scallop Fishery Management Plan (FMP) that establishes
specifications for fishing years 2026 and 2027, including days-at-sea,
limited access general category allocations, and modified area
designations to optimize yield and to protect juvenile scallops. This
action is necessary to prevent overfishing and improve resource yield-
per-recruit and management of the fishery.
DATES: Effective April 1, 2026. Comments must be received by April 27,
2026.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a supplemental information report (SIR) for this action that
describes the measures in Framework 40. Copies of Framework 40, the
SIR, and information on the economic impacts of this rulemaking are
available upon request by mail from Dr. Cate O'Keefe, Executive
Director, New England Fishery Management Council, 50 Water Street,
Newburyport, MA 01950 and accessible via the internet at <a href="https://www.nefmc.org/library/scallop-framework-40">https://www.nefmc.org/library/scallop-framework-40</a>. These documents and a plain
language summary of this interim final rule are available at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-1494">https://www.regulations.gov/docket/NOAA-NMFS-2025-1494</a>. You may submit comments
on the interim final rule, identified by NOAA-NMFS-2025-1494, 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-2025-1494 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), 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#93f6fefaffeabdf8f6fafff6ead3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="e1848c888d98cf8a84888d8498a18f8e8080cf868e97">[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 Council recommends
scallop fishery catch limits and other management measures through
specifications or framework adjustments that occur annually or
biennially. Each year, the
[[Page 14783]]
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 adopted Framework Adjustment
40 to the Atlantic Sea Scallop FMP on December 3, 2025. Council action
on Framework 40 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 2025. The Council
submitted the SIR to NMFS on February 4, 2026, for approval. To help
ensure that Framework 40 is implemented as close as possible to April
1, 2026, the start of the fishing year, NMFS is implementing Framework
40 through this interim final rule and is also affording the public the
opportunity to comment on this action by accepting public comment until
April 27, 2026. NMFS will review all of the comments received on this
interim final rule. If substantive comments are received, and NMFS
intends to make changes to the rule in response, NMFS will publish a
final rule.
NMFS has approved all of the measures in Framework 40 recommended
by the Council, as described below. This interim final rule implements
Framework 40, which establishes (1) scallop specifications and other
measures for fishing years 2026, including changes to the catch,
effort, and quota allocations and adjustments to the rotational area
management program, and (2) default specifications for fishing year
2027. The measures approved in this action will allow for increased
scallop harvest relative to the default specifications set through
Framework 39, while continuing to meet the conservation objectives of
the FMP.
The default measures established in Framework 39 (90 FR 16644,
April 21, 2025) would be effective if NMFS implements these measures
after the start of the fishing year. The default allocations for full-
time limited access vessels and limited access general category vessels
are significantly lower than the allocations in Framework 40.
Additionally, the default Northern Gulf of Maine (NGOM) set-aside is
higher than the Framework 40 set-aside. If this action were delayed,
the Framework 40 NGOM set-aside could be exceeded within a week,
resulting in overharvest of the NGOM. Overharvest of the NGOM set-aside
would not only negatively impact the scallop resource, it would also
trigger a pound-for-pound payback in fishing year 2027, which would
reduce fishing opportunities and have negative socioeconomic impacts on
the scallop fleet. Given the size of the anticipated 2027 NGOM set-
aside, the overage and resulting payback could eliminate the 2027 NGOM
scallop fishing season.
To evaluate the economic impact of this rule, Framework 40 measures
were compared to two baselines: default measures that would be
effective if this rule were not implemented and status quo (table 1).
Table 1--Limited Access Baseline Conditions and Framework 40
----------------------------------------------------------------------------------------------------------------
Status quo Default measures Framework 40
----------------------------------------------------------------------------------------------------------------
Days-at-Sea.................... 24....................... 18....................... 36.
Access Area Allocations........ 24,000 lb................ 0 lb..................... 0 lb.
----------------------------------------------------------------------------------------------------------------
Framework 40 is expected to have a positive social and economic
impact on the scallop fishery compared to both the default measures
that would go into effect if this action were not implemented and the
status quo. This measure will expand access to the resource and is
projected to result in a cost savings benefit of $129 million compared
to the default regulation that would go into effect in its absence.
Compared to the status quo a 31 percent increase ($56 million) in net
revenues is projected from implementing the Framework 40 measures.
Table 2--Net Scallop Revenue for Limited Access Vessels in FY 2026 and Percent Change From the Status Quo
[Revenues in million 2024 dollars, landings in million lbs.]
----------------------------------------------------------------------------------------------------------------
FY 2026
Status quo default (FW IFR provisions
39)
----------------------------------------------------------------------------------------------------------------
Estimated scallop annual projected landings (APL) (before set- 18.355 10.134 18.686
asides removed)................................................
Estimated Limited Access scallop landings (94.5% net of set 15.827 8.057 16.139
asides)........................................................
Average No. of Entities (2020-2024), both small and large....... 152 152 152
Estimated revenues for scallop APL.............................. $297.475 $168.673 $299.909
Estimated Limited Access scallop revenues....................... $256.499 $134.112 $259.037
Estimated Net Revenue for scallop APL........................... $207.060 $133.126 $272.055
Estimated Limited Access net scallop revenue.................... $178.538 $105.848 $234.979
Net scallop revenue per Entity.................................. $1.364 $0.877 $1.792
Change in net revenue compared to Status Quo.................... 0.00% -40.71% 31.61%
----------------------------------------------------------------------------------------------------------------
Source: Table 50, Framework 40 to the Atlantic Sea Scallop FMP SIR.
The impacts of the measures in this IFR on the target species
(Atlantic sea scallops) are also expected to be positive. The OFLs and
ABCs for fishing years 2026 and 2027 (default) recommended by the
Scientific and Statistical Committee (SSC) are summarized in Table 3.
The 2026 and 2027 OFL and ABC values are based on the most updated
survey information and model configurations. Although generally the
existing and default fishing targets are set lower than the limits in
this IFR, they are too liberal for the NGOM fishery; thus the IFR
measures reduce the risk of overfishing and optimize overall yield from
the fishery over the long term.
[[Page 14784]]
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 2026 Fishing
Year and Default Specifications for Fishing Year 2027
The OFL is based on a fishing mortality rate (F) of 0.49,
equivalent to the F threshold updated through the Northeast Fisheries
Science Center's most recent scallop benchmark stock assessment that
was completed in 2025 (NEFSC, 2025). The ABC and the equivalent total
ACL for each fishing year are based on an F of 0.36, which is the F
associated with a 25-percent probability of exceeding the OFL. The SSC
recommended scallop fishery ABCs of 28.1 million pounds (lb; 12,757
metric tons (mt)) for 2026 and 31.3 million lb (14,206 mt) for the 2027
fishing year, after accounting for discards and incidental mortality.
In support of the 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 2027 fishing year.
Table 3 outlines the 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 0.29. Amendment 21 to the Atlantic Sea Scallop FMP (87 FR 1688,
January 12, 2023) modified the ACL flowchart to account for the scallop
biomass in the 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 within the NGOM OFL
only 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 3--Scallop Catch Limits (mt) for Fishing Years 2026 and 2027 for
the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
Catch limits 2026 (mt) 2027 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 19,645 21,741
ABC/ACL (discards removed).............. 12,757 14,206
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 128 142
NGOM Set-Aside.......................... 199 99
ACL for fishery......................... 12,028 13,463
Limited Access ACL...................... 11,367 12,722
LAGC Total ACL.......................... 661 740
LAGC IFQ ACL (5 percent of ACL)......... 601 673
Limited Access with LAGC IFQ ACL (0.5 60 67
percent of ACL)........................
Limited Access ACT...................... 10,169 11,026
APL (after set-asides removed).......... 7,747 (\1\)
Limited Access APL (94.5 percent of APL) 7,321 (\1\)
Total IFQ Annual Allocation (5.5 percent 426 320
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 387 290
APL) \2\...............................
Limited Access with LAGC IFQ Annual 39 29
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2027 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2027 that will be based on the 2026
annual scallop surveys.
\2\ As a precautionary measure, the 2027 IFQ and annual allocations are
set at 75 percent of the 2026 IFQ Annual Allocations.
Research Set-Aside
This action deducts 1.275 million lb (578 mt) of scallops annually
for 2026 and 2027 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) 2026 allocation, NMFS has already allocated 482,631
lb (218,918 kg) to previously-funded multi-year projects as part of the
2024 and 2025 RSA awards processes.
This action allows vessels participating in RSA projects to harvest
RSA compensation from the open bottom. No access areas have been
allocated for RSA compensation fishing (see explanation of access areas
below).
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 project. Lastly,
Framework 40 prohibits the harvest of RSA from any rotational area
under default 2027 measures. Until a new framework measure is published
prior to the 2027 fishing year, RSA compensation may only be harvested
from open areas. The Council and NMFS will re-evaluate this default
prohibition measure in the action that would set final 2027
specifications.
Observer Set-Aside
This action deducts one percent of the ABC for the industry-funded
observer program to help defray the cost to scallop vessels that carry
an observer. When a scallop vessel carries an observer, the vessel is
allocated additional days-at-sea (DAS) or quota from the observer set-
aside. This additional allocation is intended to help
[[Page 14785]]
defray the out-of-pocket costs paid by the vessel for the observer
coverage. The observer set-aside is 282,192 lb (128 mt) for 2026 and
313,056 lb (142 mt) for 2027. The Council may adjust the 2027 observer
set-aside when it develops specific, non-default measures for 2027.
Open Area Days-at-Sea (DAS) Allocations
This action implements vessel-specific DAS allocations for each of
the three limited access scallop DAS permit categories (i.e., full-
time, part-time, and occasional) for 2026 and 2027 (table 2). The 2026
DAS allocations are more than those allocated to the limited access
fleet in 2025. Framework 40 sets 2027 DAS allocations at 75 percent of
fishing year 2026 DAS allocations as a precautionary measure to avoid
over-allocating DAS to the fleet in the event that the 2027
specifications action is delayed past the start of the 2027 fishing
year. The allocations in table 4 exclude any DAS deductions that are
required if the limited access scallop fleet exceeds its 2025 sub-ACL.
Table 4--Scallop Open Area DAS Allocations for 2026 and Default 2027
------------------------------------------------------------------------
2027
Permit category 2026 (default)
------------------------------------------------------------------------
Full-Time........................................... 36 27
Part-Time........................................... 14.4 10.8
Occasional.......................................... 3 2.25
------------------------------------------------------------------------
Changes to Fishing Year 2026 Sea Scallop Rotational Area Program--
Access Areas
The formal access area rotational program was established in 2003
to promote optimal yield in the fishery. Under the rotation program,
areas with large concentrations of fast-growing, small scallops are
closed before the scallops are exposed to fishing. Scallops grow
fastest when they are very small and protection of these small scallops
through area closures is critical in the rotational management of the
scallop resource. After a period of closure, and after evaluation
according to the criteria and procedures established in the FMP, the
areas can be re-opened for scallop fishing when the scallops are larger
and more suitable for harvest. This process boosts scallop meat yield
and yield per recruit. When the areas are open for access (i.e.,
``access areas''), vessels are allocated a number of trips with
corresponding trip limits that they may use in those dedicated access
areas. Once the high concentrations of scallops in an access area have
been fished down, the area may be closed if it appears that the
resource will rebound in a few years after protecting any small
scallops that may be there, or it could be converted back to an ``open
area.'' where limited access vessels fish for scallops under DAS
allocations and LAGC IFQ vessels can fish open area trip limits.
Framework 40 does not open any access areas for fishing year 2026
or identify any access areas that are anticipated to be opened in 2027.
The 2025 scallop surveys suggest that there are no areas of high-
density scallops that can support rotational fishing in 2026 comparable
to recent years (i.e., access area allocations of 12,000 lb (5,443 kg)
or more).
Changes to Fishing Year 2026 Sea Scallop Rotational Area Program--
Closed Areas
Framework 40 maintains the closure of Nantucket Lightship-North and
Nantucket Lightship-South (table 3) and closes Area II (table 4).
The continued closure of the Nantucket Lightship-North and
Nantucket Lightship-South is anticipated to optimize growth of juvenile
scallops on Georges Bank with the expectation of supporting scallop
fishing in the future. Scallops in the Nantucket Lightship-South are in
very high densities and are likely to recruit to the 4-inch ring by the
2027 fishing year. This recruitment event appears to extend up to the
boundary with the Nantucket Lightship-North, and a continued closure is
expected to help further protect these animals. The growth potential
for these juveniles is high if they survive over the next several
years. The continued closure of the Nantucket Lightship-North and
Nantucket Lightship-South to scallop fishing is intended to support the
growth of this cohort of scallops in the absence of fishing pressure.
The closure of Area II allows for the recovery of the area after 6
years of rotational fishing and protect moderate densities of small
scallops in the Area II-Extension observed in the 2025 surveys.
Table 5--Nantucket Lightship Scallop Rotational Area
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Point Latitude Longitude
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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
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Table 6--Area II
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Point Latitude Longitude Note
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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 ......................
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\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 14786]]
Elephant Trunk Closure Converting to Open Area
Framework 40 opens the Elephant Trunk area, which was closed during
the 2025 fishing year to allow growth of small scallops observed in the
2024 surveys. The area no longer meets the criteria for either closure
or controlled access as defined in 50 CFR 648.55(a)(6). This area is
becoming part of the open area and can be fished as part of the DAS
program or on LAGC IFQ open area beginning on April 1, 2026.
Area I Rotational Area Converting to Open Area
Framework 40 will revert the Area I 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 2025 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 Sec. 648.55(a)(6). This area will 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, 2026.
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels With IFQ-Only Permits
This action implements a 1.325 million-lb (601-mt) ACL for 2026,
and a 1.484 million-lb (673-mt) default ACL for 2027, 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 exceed
this ceiling, any overages would be deducted from the following year's
sub-ACL. Framework Adjustment 28 to the FMP (82 FR 15155, March 27,
2017) changed the way the LAGC IFQ allocations are set from a
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, all of which are in fishable areas, instead of
total biomass, some of which is located in closed areas and unavailable
for harvest. 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 2026 and 2027 based on APL is
853,189 lb (387 mt) for 2026 and 639,341 lb (290 mt) for 2027 (see
table 1). Each vessel's IFQ will be calculated from these allocations
based on APL.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels With IFQ
Permits
This action implements a 132,277-lb (60-mt) ACL for 2026 and a
default 147,710-lb (67-mt) ACL for 2027 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 scallop vessels with
IFQ permits is 85,980 lb (39 mt) for 2026 and 63,934 lb (29 mt) for
2027 (see table 1). Each vessel's IFQ will be calculated from these
allocations based on APL. NMFS will notify IFQ permit holders of their
Framework 40 IFQ allocations.
3. NGOM Scallop Fishery Landing Limits
This action implements a total allowable landing limit (TAL) in the
NGOM of 482,753 lb (218,973 kg) for fishing year 2026. This action
deducts 25,000 lb (11,340 kg) of scallops annually for 2026 and 2027
from the NGOM TAL to increase the overall Scallop RSA to fund scallop
research. In addition, this action deducts one percent of the NGOM ABC
from the NGOM TAL for fishing years 2026 and 2027 to support the
industry-funded observer program to help defray the cost to scallop
vessels that carry an observer (table 7).
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) is split 5 percent
for the NGOM fleet and 95 percent for limited access and LAGC IFQ
fleets. Framework 40 sets a NGOM Set-Aside of 437,867 lb (198,613 kg)
for fishing year 2026 and a default NGOM Set-Aside of 219,934 lb
(99,760 kg) for fishing year 2027. Because the NGOM Set-Aside for
fishing years 2026 and 2027 is below the 800,000-lb (362,874-kg)
trigger, Framework 40 does not allocate any landings to the NGOM APL.
Table 10 describes the breakdown of the NGOM TAL for the 2026 and 2027
(default) fishing years.
Table 7--NGOM Scallop Fishery Landing Limits for Fishing Year 2026 and 2027
----------------------------------------------------------------------------------------------------------------
2026 2027 \1\
Landings limits ----------------------------------------------------------------
lb kg lb kg
----------------------------------------------------------------------------------------------------------------
NGOM TAL....................................... 482,753 218,973 .............. ..............
1 percent NGOM ABC for Observers............... 19,886 9,020 .............. ..............
RSA Contribution............................... 25,000 11,340 25,000 11,340
NGOM Set-Aside................................. 437,867 198,613 219,934 99,760
NGOM APL....................................... (\2\) (\2\) (\2\) (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The catch limits for the 2027 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2027 that will be based on the 2026 annual
scallop surveys.
\2\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
4. Scallop Incidental Landings Target TAL
This action sets a 50,000-lb (22,680-kg) scallop incidental
landings target TAL for each respective fishing year, 2026 and 2027, 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.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act
[[Page 14787]]
(Magnuson-Stevens Act), the NMFS Assistant Administrator has determined
that this interim final rule is consistent with the FMP, other
provisions of the Magnuson-Stevens Act and other applicable law.
Executive Order 12866
This interim final rule has been determined to be economically
significant under Executive Order 12866.
Executive Order 14192
This interim final rule is a routine fishing action exempt from
E.O. 14192.
Executive Order 13175
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2) of E.O. 13175 is not
required and has not been prepared.
Administrative Procedure Act
The Assistant Administrator for Fisheries has determined under 5
U.S.C. 553(b) that it is contrary to the public interest to provide for
prior notice for this action. It is necessary to implement the measures
of this rule in an expedited manner to achieve conservation objectives
for the scallop fishery. Similarly, the need to implement these
measures in a timely manner constitutes good cause, under authority
contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date
of effectiveness and to make Framework 40 measures effective as soon as
possible.
Need for the Rule
Without this rule, on April 1, 2026, the default specifications
would be effective for the scallop fishery. The default specifications
were previously approved in Framework 39. At the time Framework 39 and
its 2026 default specifications were developed, NMFS did not have the
survey and assessment information that is now available, and the
default specifications do not appropriately allocate scallop effort
relative to updated scientific information. Based upon the current best
available science, the default regulations are too restrictive for the
limited access and LAGC fleets and too liberal for the NGOM fishery. If
this rule were delayed and default specifications were put into place,
both of these scenarios would have negative impacts on the resource and
fishery.
Limited Access and Limited Access General Category Fisheries
Because most of the default specifications are more conservative
than those that would be implemented in Framework 40, delaying the
implementation of this action to allow prior notice and opportunity for
public comment or a 30-day delay in effective date would be contrary to
the public interest because it would cause the scallop fleet to lose
the positive economic benefits of immediate implementation and could
also negatively impact the area rotation program by delaying fishing in
areas where scallops are more abundant. There is good cause to
immediately implement the rule rather than delay the effective date by
30-days because this action provides full-time limited access vessels
with an additional 18 DAS (36 DAS total), and LAGC IFQ vessels will
receive an additional 89-mt (426-mt total) of allocation. Framework 40
will also open the Elephant Trunk area and convert Area I to open
bottom. Opening both of these areas provides more access and
opportunity for the scallop fleet to fish in areas of higher scallop
densities; increased access area flexibility is critical to supporting
the scallop industry. Framework 40 could not have been put into place
sooner to allow for a 30-day delayed effectiveness because the
information and data necessary for the Council to develop the framework
were not available in time for this action to be forwarded to NMFS and
implemented by April 1, 2026, the beginning of the scallop fishing
year. Additionally, because this rule relieves restrictions by
increasing these allocations, it is not subject to the 30-day delayed
effectiveness provision of the APA pursuant to 5 U.S.C. 553(d)(1).
Northern Gulf of Maine
The 2026 NGOM set-aside implemented by this action is 437,867 lb
(198,613 kg), which is lower than the default 2026 NGOM set-aside by
69,196 lb (31,387 kg). If there were a delay in the implementation of
this rule, beyond April 1, 2026, there is a high likelihood that the
2026 NGOM set-aside established in Framework 40 would be exceeded
within a week of the start of the scallop fishing year. Not only would
this result in localized overharvest of the NGOM scallop fishery, it
would also have negative socio-economic impacts on the scallop fishery.
An overage of the NGOM set-aside would trigger the accountability
measure and require a pound-for-pound pay back as soon as practicable,
likely in the 2027 fishing year. The overage payback would result in a
significantly lower 2027 NGOM set-aside and diminished opportunity for
the scallop fleet in 2027, possibly eliminating scallop fishing in the
area in 2027 altogether. Recent biomass trends suggest the 2027 NGOM
set-aside could be lower than previous years, exacerbating the effect
of any accountability measure. Delaying the implementation of this
action to allow prior notice and opportunity for public comment or a
30-day delay in effective date would be contrary to the public interest
because it would cause the scallop fleet to lose the future economic
benefits and could also negatively impact the scallop resource in the
NGOM.
Regulatory Flexibility Act
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Paperwork Reduction Act
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 24, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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), (b)(3), (c)(1), and
(c)(2) to read as follows:
[[Page 14788]]
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 2026 and 2027 fishing years:
Table 1 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2026 (mt) 2027 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 19,645 21,741
ABC/ACL (discards removed).............. 12,757 14,206
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 128 142
NGOM Set-Aside.......................... 199 99
ACL for fishery......................... 12,028 13,463
Limited Access ACL...................... 11,367 12,722
LAGC Total ACL.......................... 661 740
LAGC IFQ ACL (5 percent of ACL)......... 601 673
Limited Access with LAGC IFQ ACL (0.5 60 67
percent of ACL)........................
Limited Access ACT...................... 10,169 11,026
APL (after set-asides removed).......... 7,747 (\1\)
Limited Access APL (94.5 percent of APL) 7,321 (\1\)
Total IFQ Annual Allocation (5.5 percent 426 320
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 387 290
APL) \2\...............................
Limited Access with LAGC IFQ Annual 39 29
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2027 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2027 that will be based on the 2026
annual scallop surveys. The 2027 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 2027
IFQ annual allocations are set at 75 percent of the 2026 IFQ Annual
Allocations.
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2026 and 2027 are as follows:
Table 2 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
2027
Permit category 2026 \1\
------------------------------------------------------------------------
Full-Time............................................... 36 27
Part-Time............................................... 14.4 10.8
Occasional.............................................. 3 2.25
------------------------------------------------------------------------
\1\ The DAS allocations for the 2027 fishing year are subject to change
through a future specifications action or framework adjustment. The
2027 DAS allocations are set at 75 percent of the 2026 allocation as a
precautionary measure.
* * * * *
(c) * * *
(1) Limited access AM exception. If NMFS determines that the
fishing mortality rate associated with the limited access fleet's
landings in a fishing year is less than 0.29, the AM specified in
paragraph (c) of this section shall not take effect. The fishing
mortality rate of 0.29 is the fishing mortality rate that is one
standard deviation below the fishing mortality rate for the scallop
fishery ACL, currently estimated at 0.36.
(2) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet
exceeded its sub-ACL, defined in paragraph (a)(5) of this section, by
July of the fishing year following the year for which landings are
being evaluated. On or about July 1, the Regional Administrator shall
notify the New England Fishery Management Council of the determination
of whether or not the sub-ACL for the limited access fleet was
exceeded, and the number of landings in excess of the sub-ACL. Upon
this notification, the Scallop Plan Development Team (PDT) shall
evaluate the overage and determine if the fishing mortality rate
associated with total landings by the limited access scallop fleet is
less than 0.29. On or about September 1 of each year, the Scallop PDT
shall notify the Council of its determination, and the Council, on or
about September 30, shall make a recommendation, based on the Scallop
PDT findings, concerning whether to invoke the limited access AM
exception. If NMFS concurs with the Scallop PDT's recommendation to
invoke the limited access AM exception, in accordance with the
Administrative Procedure Act (APA), the limited access AM shall not be
implemented. If NMFS does not concur, in accordance with the APA, the
limited access AM shall be implemented as soon as possible after
September 30 each year.
* * * * *
0
3. Amend Sec. 648.59 by
0
a. Removing and reserving paragraph (a)(2)(i) and;
0
b. Revising paragraphs (b)(3)(i)(B), (c), (e), and (g)(3)(v);
The revisions read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.
(b) * * *
(3) * * *
(i) * * *
(B) There are no scallop rotational areas available for continuous
transit for the 2026 and 2027 fishing years.
* * * * *
(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
[[Page 14789]]
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 2025, 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 2026. Area II will be open for
carry-over fishing from May 15, 2026, through July 13, 2026. Area I
will be open for carry-over fishing from April 1, 2026, through May 30,
2026.
* * * * *
(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 2026 and 2027 are:
(1) 2026. No access areas.
(2) 2027. No access areas.
* * * * *
(g) * * *
(3) * * *
(v) LAGC IFQ access area allocations. There are no LAGC IFQ access
area trip allocations for the 2026 and 2027 fishing years.
* * * * *
0
4. Amend Sec. 648.60 by:
0
a. Removing and reserving paragraphs (a) and (b);
0
b. Redesignating table 3 to paragraph (g)(1) as table 1 to paragraph
(g)(1).
0
c. Revising paragraph (h);
The revision read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
* * * * *
(h) Area II Scallop Rotational Area boundary. The Area II 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 2 to Paragraph (h)
----------------------------------------------------------------------------------------------------------------
Point N latitude W longitude Note
----------------------------------------------------------------------------------------------------------------
AII1............................... 41[deg]30' 67[deg]20' ..............
AII2............................... 41[deg]30' (\a\) (\b\)
AII3............................... 40[deg]40' (\c\) (\b\)
AII4............................... 40[deg]40' 67[deg]20' ..............
AII1............................... 41[deg]30' 67[deg]20' ..............
----------------------------------------------------------------------------------------------------------------
\a\ The intersection of lat. 41[deg]30' N and the United States-Canada Maritime Boundary, approximately lat.
41[deg]30' N, long. 66[deg]34.73' W.
\b\ From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary.
\c\ The intersection of lat. 40[deg]40' N and the United States-Canada Maritime Boundary, approximately lat.
40[deg]40' N and long. 65[deg]52.61' W.
* * * * *
0
5. Amend Sec. 648.62 by:
0
a. Revising paragraph (b)(1); and
0
b. Removing paragraph (e).
The revision read as follows:
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
(b) * * *
(1) The following landings limits will be effective for the NGOM
for the 2026 and 2027 fishing years.
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Landings limits 2026 2027 \a\
------------------------------------------------------------------------
NGOM TAL................................ 482,753 ..............
1 percent NGOM ABC for Observers........ 19,886 ..............
RSA Contribution........................ 25,000 25,000
NGOM Set-Aside.......................... 437,867 219,934
NGOM APL................................ (\b\) (\b\)
------------------------------------------------------------------------
\a\ The landings limits for the 2027 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2027 that will be based on the 2026
annual scallop surveys.
\b\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874
kg).
* * * * *
[FR Doc. 2026-05990 Filed 3-26-26; 8:45 am]
BILLING CODE 3510-22-P
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