[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Rules and Regulations]
[Pages 16644-16654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06826]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250416-0069]
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: Final rule.
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SUMMARY: NMFS approves and implements Framework Adjustment 39 to the
Atlantic Sea Scallop Fishery Management Plan 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: Effective on April 21, 2025.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared an environmental assessment (EA) for this action that
describes the approved measures in Framework 39 and other considered
alternatives and analyzes the impacts of the approved measures and
alternatives. Copies of Framework 39, the EA, the initial regulatory
flexibility analysis (IRFA), and information on the economic impacts of
this 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: https://www.nefmc.org/library/scallop-framework-39.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
978-281-9116, email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Council adopted Framework Adjustment 39 to the Atlantic Sea
Scallop Fishery Management Plan (FMP) at its December 2024 meeting.
NMFS published a proposed rule for Framework 39 on March 18, 2025 (90
FR 12510). The proposed rule included a 15-day public comment period
that closed on April 2, 2025. Except as explained below with respect to
section 305(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), NMFS is issuing this rule
pursuant to the rulemaking authority at section 304(b)(1)(A) of the
Act.
NMFS has approved all of the measures in Framework 39 recommended
by the Council. This final rule implements Framework 39, which sets
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 default specifications for fishing year 2026. The Magnuson-
Stevens Act authorizes NMFS to approve, partially approve, or
disapprove measures proposed by the Council based on whether the
measures are consistent with the Atlantic Sea Scallop FMP, the
Magnuson-Stevens Act and its National Standards, and other applicable
law. Details concerning the development of these measures were
contained in the preamble of the proposed rule and are not repeated
here. This final rule also addresses regulatory text that is unclear
pursuant to section 305(d) of the Magnuson-Stevens Act.
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 OFL is 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 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 75-percent probability of not
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 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
[[Page 16645]]
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 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 deducts 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 mt) to previously funded multi-year projects as part of the
2024 RSA awards process. 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 is 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 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 deducts 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.
In fishing year 2025, the observer compensation rates for limited
access vessels in open areas fishing under days-at-sea (DAS) is 0.17
DAS per DAS fished. For access area trips, the observer compensation
rate is 200 lb (90.7 kg), in addition to the vessel's trip possession
limit for each day or part of a day an observer is onboard.
For LAGC IFQ trips less than 24 hours, a vessel will be able to
harvest the trip limit and the daily compensation rate on the observed
trip, or the vessel could harvest any unfished compensation on a
subsequent trip while adhering to the commercial possession limit. LAGC
IFQ vessels may possess an additional 200 lb (90.7 kg) per trip on
trips less than 24 hours when carrying an observer.
For trips exceeding 24 hours, the daily compensation rate of 200 lb
(90.7 kg) will be prorated at 12-hour increments. The amount of
compensation a vessel can receive on one trip will be capped at 2 days
(48 hours) and vessels fishing longer than 48 hours will not receive
additional compensation allocation. For example, if the observer
compensation rate is 200 lb/day (90.7 kg/day) and an LAGC IFQ vessel
carrying an observer departs on July 1 at 2200 hours and lands on July
3 at 0100 hours, the length of the trip would equal 27 hours, or 1 day
and 3
[[Page 16646]]
hours. In this example, the LAGC IFQ vessel would be eligible for 1 day
plus 12 hours of compensation allocation, i.e., 300 lb (136.1 kg).
For NGOM trips, a vessel will be able to harvest the trip limit and
the daily compensation rate on the observed trip. NGOM vessels may
possess an additional 125 lb (56.7 kg) per trip when carrying an
observer.
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 2025 and 2026 (table 2). The 2025
DAS allocations are more than those allocated to the limited access
fleet in 2024. Framework 39 sets the 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 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
------------------------------------------------------------------------
Changes to Fishing Year 2025 Sea Scallop Rotational Area Program--
Closed Areas
Framework 39 closes the 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,
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 keeps the Area II Scallop Rotational Area
open for fishing year 2025 (table 5). In addition, it opens 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 combines 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
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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.
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 maintains 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 will be closed
annually from April 1 through May 14. The areas re-open on May 15 each
fishing year.
[[Page 16647]]
This year, the closure will be effective on April 21, 2025. Vessels
that have complied with the observer notification requirements, have
declared a trip into the Area II Access Area using the correct Vessel
Monitoring System (VMS) code, and have crossed the VMS demarcation line
before 0001 hrs., April 21, 2025, may complete their trip and retain
and land scallops caught from the area. Limited Access vessels have
until July 13, 2025, to finish harvesting their previous year's access
area allocation in Area II.
This closure will 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 will 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 previously implemented seasonal bycatch closure, August 15 through
November 15, did 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 is intended to reduce non-target species impacts, particularly
in April when both fishing effort and 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 is intended to reduce
overall scallop 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.
New York Bight Scallop Rotational Area Reverting to Open Area
Framework 39 reverts 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 will become part of the
open area and can 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 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
can 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--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 allows 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 can 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 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 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 can fish the
allocation in either of the open access areas (i.e., Area I and Area
II). These allocations can 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.
[[Page 16648]]
Table 9--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 implements 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 is
901,691 lb (409 mt) for 2025 and 676,819 lb (307 mt) for 2026 (see
table 1). Each vessel's IFQ is calculated from these allocations based
on APL.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels With IFQ
Permits
This action implements 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 is 90,390 lb (41 mt) for 2025 and 90,390 lb (41 mt) for 2026
(see table 1). Each vessel's IFQ is calculated from these allocations
based on APL.
3. LAGC IFQ Trip Allocations for Scallop Access Areas
Framework 39 allocates 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 will 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 \1\.................................... 571 0
-----------------
Total............................................. 571 0
------------------------------------------------------------------------
\1\ LAGC Access Area trips can be taken in any of the available areas
until the 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 sets total allowable landings (TAL) in the NGOM of
712,093 lb (323,000 kg) for fishing year 2025. This action deducts
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 deducts 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), resulting in a NGOM set-aside of 675,563 lb
(306,430 mt).
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 sets 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 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 does not allocate any landings to the NGOM APL.
Table 11 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).
[[Page 16649]]
This action reopens the NGOM, effective on 0001 hours on April 21,
2025. The NGOM was closed on April 11, 2025, when the default NGOM set-
aide was projected to be harvested. The NGOM set-aside approved and
implemented in this action is higher than the default 2025 NGOM set-
aside. Therefore, this action reopens the NGOM to allow for the harvest
of the remaining 2025 NGOM set-aside. The NGOM will be closed when we
project that the 2025 NGOM set-aside of 675,563 lb (306,430 kg) has
been harvested.
5. Northern Gulf of Maine Permitted Vessel Transit
This action relieves a restriction 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 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 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.
6. 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, 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. 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 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.
Comments and Responses
We received nine comments on the proposed rule during the public
comment period. Three comments, and parts of other comments, were not
relevant to the proposed rule. We respond to relevant comments below,
organized by topic. We are not responding to the comments that cited
general concerns and recommendations about offshore wind, right whales,
or scallop management and commercial fishing outside the scope of this
rulemaking.
Comments on Area I access area: We received three comments on the
Area I access area. One comment cited concerns about opening Area I in
2025, specifically that they observed many small 40- to 50-count
scallops in the area. One commenter was concerned that the delayed
opening in Area I was not enough to ensure that Area I would remain a
viable access area after 2025. Another commenter stated that Area I
does appear to have the capacity to support the allocated 2025 trips.
Response: Area I is being opened as an access area in 2025, and the
best available information demonstrates that there is enough biomass to
support the allocated trips. The 2024 scallop surveys indicate that
there are high densities of large scallops in the area that will
support rotational fishing in 2025. The northern portion of Area I
(Area I--Sliver) has been closed since the 2021 fishing year and is
where the vast majority of exploitable biomass is located. The 2024
surveys also observed high densities of small, 2-year-old scallops.
While Area I does have a mix of large and small scallops, most areas
open to the fishery have a range of scallop sizes, which is why other
management strategies to reduce the retention of small scallops are in
place (e.g., minimum ring size in dredges). Concerns about the presence
of small scallops, and the need for Area I to sustain access area trips
in years beyond 2025, were raised and considered during the development
of Framework 39. The Council considered higher and lower access area
allocations in Area I; the Area I allocation was recommended as a
balance between optimizing scallop harvest in 2025, and ensuring the
continued viability of Area I as an access area.
Comments on Area II access area: Three commenters cited concerns
about the Area II access area. These commenters were concerned that
there would not be sufficient biomass to support all of the allocated
2025 trips; two of the commenters specifically cited low catch rates
during recent trips.
Response: During the development of Framework 39 similar concerns
were raised about the viability of Area II as an access area in 2025.
Considering the public feedback, results of the 2024 surveys, and
Scallop Area Management Simulator (SAMS) model projections, the Council
recommended one 12,000-lb (5,443-kg) trip in Area II for the 2025
fishing year. Based on the best available scientific information, the
2024 surveys and SAMS model, Area II can support the allocated access
area trips in 2025.
While there is uncertainty about the future catch rates, winter
months are when scallop meat yield is lowest, and we typically observe
declines in catch rates (lower landings per unit effort, (LPUE)). The
seasonal variability in LPUE was the primary reason this action delays
the opening of Areas I and II to May 15, to shift fishing effort to
better align with times when meat yield is best and LPUE is highest.
Comments on Implementing Framework 39: Two comments were in favor
of implementing Framework 39.
Response: We are implementing Framework 39 as proposed.
Comment on Days-at-sea: One commenter stated that DAS should be
reduced to ensure future health of the scallop population.
Response: The Council considered a range of DAS from 15 to 26 for
the 2025-fishing year. This action allocates 24 DAS to full-time
limited access vessels. While this is an increase over the 2024
allocations (20 DAS for full time vessels), the 2025 specifications are
estimated to result in a F in the open bottom DAS fishery. The SAMS
model estimated that under a constant open area F rate from the
preferred option in Framework 38, the number of DAS would have been
increased from 20 in 2024 to 33.4 in 2025. Open area F rates are
expected to decrease from the preferred option in Framework 38. A
reduction in F, and continued fishing at rates below the F at maximum
sustainable yield are consistent with ensuring the future health of the
scallop population and fishery.
Comment on RSA compensation fishing: One comment stated that RSA
compensation fishing should never be allowed in rotational access
areas.
Response: Each year, through the specification process, we
determine where RSA compensation fishing can occur. This year the
Council recommended, and we are approving, a cap on the amount of RSA
compensation fishing that can occur within the access areas. This cap
is intended to reduce the amount of RSA compensation fishing in the
access areas while balancing the viability of the
[[Page 16650]]
scallop RSA program. The scallop RSA supports critical research that
supports scallop science and management.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Sea Scallop FMP, other provisions of the
Magnuson-Stevens Act and other applicable law. Pursuant to section
305(d) of the Magnuson-Stevens Act, the NMFS Assistant Administrator
has determined that this final rule is necessary to discharge NMFS'
responsibilities and to carry out the Magnuson-Stevens Act.
The Office of Management and Budget has determined that this rule
is not significant pursuant to Executive Order (E.O.) 12866 and is not
a regulatory action under E.O. 14192.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject to the Paperwork Reduction Act.
The Assistant Administrator for Fisheries has determined that
expedited implementation of this rule will benefit the public, and is
necessary to achieve management objectives for the scallop fishery,
windowpane and yellowtail flounder stocks, and to prevent harms to
scallop fishery participants. As explained in more detail below, this
constitutes good cause, under 5 U.S.C. 553(d)(3), to waive the 30-day
delay in the rule's effective date and to make the final Framework 39
measures effective upon publication in the Federal Register. The 2025
scallop fishing year began on April 1, 2025. The Council took final
action on Framework 39 to the Atlantic Sea Scallop FMP at its December
2024 meeting. As stated in the background section of this rule, the
Council could not have taken action earlier, as the scientific data and
analysis needed to support the action was not available for earlier
action. Likewise, NMFS has taken all diligent steps to promulgate this
rule as quickly as possible, but could not have published the rule
sooner because the data necessary to develop the framework was not
available earlier.
If this action is not implemented as soon as possible, it will
delay positive economic benefits to the scallop fleet. Delayed
implementation will negatively impact the access area rotation program
by delaying fishing in areas that should be available, adversely affect
scallop stocks by delaying harvest until times when scallop meats are
smaller, resulting in increased mortality, and by creating confusion in
the Atlantic sea scallop industry because of the differences in the
default and Framework 39 measures.
Framework 39 will increase allocations throughout the fleet.
Currently Framework 38 default measures are in effect. The default
measures, including access area designations, DAS, IFQ, RSA, and
observer set-aside allocations, automatically went into effect on April
1, 2025. Most of these default measures are set at lower harvest levels
than what will be implemented under Framework 39. These default
allocations were intentionally set at levels low enough to avoid
exceeding the final Framework 39 allocations. Under the existing
default measures, each full-time vessel has 15 DAS and no access area
trips. The specification measures in Framework 39 will provide full-
time vessels with an additional 9 DAS (24 DAS total) and 24,000 lb
(5,443 kg) in access area allocations. In addition, the NGOM set-aside
under the default measures is only 47 percent of the Framework 39 NGOM
set-aside and further delay in implementing the full set-aside for this
area would have negative economic impacts on the scallop fishery.
Framework 39 will also open the Closed Area I and II Access Areas
allowing the fleet to sustainably fish in the area. Expedited
implementation of Framework 39 will, accordingly, benefit the public
most directly affected by its measures.
For these reasons, NMFS has determined that there is good cause for
the measures in this final rule to become effective immediately upon
publication in the Federal Register.
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)(B) of E.O. 13175 is not
required and has not been prepared.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has completed a final regulatory flexibility analysis (FRFA) in
support of Framework 39, as included below. This FRFA incorporates the
Initial Regulatory Flexibility Analysis (IRFA), a summary of the
significant issues raised by public comments in response to the IRFA,
NMFS' responses to those comments, a summary of the analyses completed
in the Framework 39 EA, and the preamble to this final rule. A summary
of the IRFA was published in the proposed rule for this action and is
not repeated here. A description of why this action was considered, the
objectives of, and the legal basis for this rule is contained in
Framework 39 and in the preambles to the proposed rule and this final
rule and are not repeated here. All of the documents that constitute
the FRFA (including the preambles of the proposed and final rules) are
available from NMFS and/or the Council, and a copy of the IRFA, the
Regulatory Impact Review (RIR), and the EA are available upon request
(see ADDRESSES section).
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
We received no comments specific to the IRFA or on the economic
impacts of the rule more generally. See above for responses to comments
on the proposed rule.
Description and Estimate of Number of Small Entities to Which the 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.
[[Page 16651]]
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
in the calendar year 2023. There were 85 distinct small business
entities with NGOM permits in 2023.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Final Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements. This final rule does not require
specific action on behalf of regulated entities other than to ensure
they stay within the established specifications.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During the development of Framework 39, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. Framework 39
allows the LAGC IFQ fleet to fish 2025 access area trips in either Area
I or Area II. Further, Framework 39 allows part-time vessels to fish
access area trips in either Area I or Area II. This could have
potentially slight positive impacts on the resource overall by
spreading out effort and providing more access in areas with higher
catch rates. It also could potentially reduce total area swept because
the LAGC IFQ and part-time vessels will have the opportunity to fish on
high densities of scallops in all open access areas. Alternatives to
the measures in this final rule are described in detail in Framework
39, which includes an EA, RIR, and IRFA (see ADDRESSES section). The
measures implemented by this final rule minimize the long-term economic
impacts on small entities to the extent practicable. The only
alternatives for the prescribed catch limits that were analyzed were
those that met the legal requirements to implement effective
conservation measures. Specifically, catch limits must be derived using
SSC-approved scientific calculations based on the Atlantic Sea Scallop
FMP. Moreover, the limited number of alternatives available for this
action must also be evaluated in the context of an ever-changing FMP,
as the Council has considered numerous alternatives to mitigating
measures every fishing year in amendments and frameworks since the
establishment of the Atlantic Sea Scallop FMP in 1982.
Overall, this rule minimizes adverse long-term impacts by ensuring
that management measures and catch limits result in sustainable fishing
mortality rates that promote stock rebuilding, and as a result,
maximize optimal yield. The measures implemented by this final rule
also provide additional flexibility for fishing operations in the
short-term.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a bulletin to permit holders that also serves
as a small entity compliance guide was prepared. This final rule and
the guide (i.e., bulletin) will be sent via email to the Greater
Atlantic Regional Fisheries Office scallop email list and are available
on the website at: https://www.fisheries.noaa.gov/action/framework-adjustment-39-atlantic-sea-scallop-fishery-management-plan. Hard copies
of the guide and this final rule will be available upon request (see
ADDRESSES section).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 16, 2025.
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. Amend Sec. 648.53 by revising 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:
[[Page 16652]]
Table 1 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.
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2025 and 2026 are as follows:
Table 2 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.
* * * * *
0
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)(A),
(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) * * *
(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
------------------------------------------------------------------------
* * * * *
(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:
[[Page 16653]]
Table 3 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2025 Scallop 2026 Scallop allocation
Rotational access area 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).
per trip.
----------------------------------------------------------------------------
Total.......................... ...................... 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.
(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.
(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), (2), and (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 this
section 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 4 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
2026
Scallop access area 2025 \1\
------------------------------------------------------------------------
Area I/Area II \2\.................................... 571 0
-----------------
Total............................................... 571 0
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2026 fishing year
are subject to change through a future specifications action or
framework adjustment.
\2\ LAGC Access Area trips can be taken in any of the available areas
until the 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
[[Page 16654]]
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. Amend Sec. 648.62 by revising paragraph (a)(1), adding paragraph
(a)(4), and revising 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.
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Landings limits 2025 (lb) 2026 \1\ (lb)
------------------------------------------------------------------------
NGOM TAL................................ 712,093 534,070 lb.\2\
1 percent NGOM ABC for Observers........ 11,530 11,530 lb.\2\
RSA Contribution........................ 25,000 25,000.
NGOM Set-Aside.......................... 675,563 506,672.
NGOM APL................................ (\3\) (\3\).
------------------------------------------------------------------------
\1\ The landings limits for the 2026 fishing year are subject to change
through a future specifications action or framework adjustment.
\2\ 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.
\3\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874
kg).
* * * * *
[FR Doc. 2025-06826 Filed 4-18-25; 8:45 am]
BILLING CODE 3510-22-P