2025-04276Proposed RuleWallet

Government Guards Baby Scallops with New Fishing Rules for 2025

Published Date: 3/18/2025

Proposed Rule

Summary

Fishermen who catch Atlantic sea scallops will see new rules for 2025 and 2026 that change when and where they can fish to protect young scallops and reduce unwanted catch. Some boats get more freedom to travel with scallops onboard, and research rules get clearer. These changes aim to keep scallop populations healthy and fishing fair, with comments open until April 2, 2025.

Analyzed Economic Effects

11 provisions identified: 4 benefits, 6 costs, 1 mixed.

New 2025–2026 Catch Limits and Revenue Effect

The Council proposes Acceptable Biological Catch (ABC) of 39.5 million lb (17,901 mt) for 2025 and 39.1 million lb (17,745 mt) for 2026. NMFS estimates projected landings would fall about 7.64 million lb (3,465 mt) in 2025 versus 2024, reducing fleetwide revenue by about $35.7 million (2024 dollars) compared to 2024, but increasing projected revenue by $180.8 million compared to the 2025 default measures.

New Open-Area Days-at-Sea (DAS) Allocations

For 2025, full-time limited access vessels would receive 24 open-area DAS, part-time 9.6 DAS, and occasional 2.0 DAS. 2026 default DAS are set at 75 percent of 2025 (full-time 18, part-time 7.2, occasional 1.5); if Framework 39 is not implemented by April 1, 2025, lower default DAS (full-time 15, part-time 6, occasional 1.25) would apply.

Closure of Two Rotational Areas

Framework 39 would close Nantucket Lightship-North and Nantucket Lightship-South and the Elephant Trunk rotational area for the 2025 fishing year to protect small/young scallops. These closures are intended to let juveniles grow and reduce incidental mortality.

Area I and II Reopened and Area I Combined

Area II would remain open for the 2025 fishing year and its boundary expands to include Closed Area II Extension; Area I (combining Area I, Area I-Sliver, and Area I-Quad) would be opened as a Rotational Access Area for 2025. These changes make those access areas available for rotational fishing in 2025.

Seasonal Delays and Bycatch Closure Dates

Area I and Area II access areas would be closed annually from April 1 through May 14 and would re-open May 15 each fishing year. Separately, Area II would be closed annually to directed scallop fishing from November 15 through May 15 to reduce bycatch of windowpane and yellowtail flounder and to target higher-yield months.

Full-Time Vessel Trip Limits and Exchange Rules

Full-time limited access vessels would have per-trip possession limits of 12,000 lb for Area I and 12,000 lb for Area II and a total 2025 projected access-area allocation of 24,000 lb. Full-time vessels may exchange access-area allocation in 6,000-lb (2,722-kg) increments with other full-time vessels (exchanges only between same permit category). Part-time full allocations are 9,600 lb (fishable in Area I or II).

Research and Observer Set-Asides Deducted from ABC

Framework 39 would deduct a Scallop Research Set-Aside (RSA) of 1.275 million lb (578 mt) annually for 2025 and 2026 to fund scallop research; up to 625,000 lb (283.5 mt) of the 2025 RSA may be harvested from access areas. It also deducts an industry-funded observer set-aside equal to 1 percent of ABC: 394,627 lb (179 mt) for 2025 and 390,218 lb (177 mt) for 2026. Regulatory text clarifies that vessels harvesting RSA pounds cannot also harvest commercial pounds on the same trip.

LAGC IFQ ACLs, IFQ Annual Allocations, and Trips

For 2025, LAGC IFQ ACL would be 1.854 million lb (841 mt) and a default 1.845 million lb (837 mt) for 2026. The annual IFQ allocation to IFQ-only vessels would be 901,691 lb (409 mt) for 2025 and set at 75 percent (676,819 lb; 307 mt) for 2026 as a precaution. Framework 39 would allocate 571 LAGC IFQ access-area trips for 2025 and specify 0 default access-area trips for 2026.

Northern Gulf of Maine (NGOM) Landing Limits

Framework 39 sets the NGOM total allowable landings (TAL) at 712,093 lb (323,000 kg) for 2025 and a default 534,070 lb (242,250 kg) for 2026. It sets an NGOM Set-Aside of 675,563 lb (306,430 kg) for 2025 and 506,672 lb (229,823 kg) for 2026; because the set-aside is below the 800,000-lb trigger, no NGOM APL is allocated.

LAGC Category B Transit With Scallops Allowed

Framework 39 would allow vessels issued a limited access general category (LAGC) Category B permit to possess scallops and transit, with gear stowed, outside of the NGOM scallop management area. LAGC Category B vessels fishing in the NGOM would still be limited to no more than 1,666 lb (756 kg) of in-shell scallops shoreward of the VMS demarcation line.

Incidental Scallop Landings Target Set

Framework 39 proposes a 50,000-lb (22,680-kg) incidental scallop landings target TAL for each fishing year (2025 and 2026) to account for mortality from vessels catching scallops incidentally while fishing for other species.

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Key Dates

Published Date
Effective Date
3/18/2025
4/1/2025

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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