Atlantic Sea Scallop Fishery Management Plan Adjustment 40

Content

ACTION:

Interim final rule.

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 https://www.nefmc.org/library/scallop-framework-40. These documents and a plain language summary of this interim final rule are available at https://www.regulations.gov/docket/NOAA-NMFS-2025-1494. 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 https://www.regulations.gov 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 https://www.regulations.gov 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: emily.keiley@noaa.gov.

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

  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).

| | 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.

| | Status quo | FY 2026
default (FW 39) | IFR provisions |
| --- | --- | --- | --- |
| Estimated scallop annual projected landings (APL) (before set-asides removed) | 18.355 | 10.134 | 18.686 |
| Estimated Limited Access scallop landings (94.5% net of set asides) | 15.827 | 8.057 | 16.139 |
| 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.

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.

| 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 percent of ACL) | 60 | 67 |
| 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 of APL) 2 | 426 | 320 |
| LAGC IFQ Annual Allocation (5 percent of APL) 2 | 387 | 290 |
| Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 | 39 | 29 |
| 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

  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.

| Permit category | 2026 | 2027
(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.

| Point | Latitude | Longitude |
| --- | --- | --- |
| NL1 | 40°20.0′ N | 69°30.0′ W |
| NL2 | 40°20.0′ N | 68°48.0′ W |
| NL3 | 40°33.0′ N | 68°48.0′ W |
| NL4 | 40°33.0′ N | 69°00.0′ W |
| NL5 | 40°50.0′ N | 68°60.0′ W |
| NL6 | 40°50.0′ N | 69°30.0′ W |
| NL1 | 40°20.0′ N | 69°30.0′ W |

| Point | Latitude | Longitude | Note |
| --- | --- | --- | --- |
| AII1 | 41°30′ N | 67°20′ W | |
| AII2 | 41°30′ N | (1) | (2) |
| AII3 | 40°40′ N | (3) | (2) |
| AII4 | 40°40′ N | 67°20′ W | |
| 1 The intersection of 41°30′ N Lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N Lat., 66°34.73′ W Long. | | | |
| 2 From Point AII2 connected to Point AII3 along the U.S.-Canada Maritime Boundary. | | | |
| 3 The intersection of 40°40′ N Lat. and the U.S.-Canada Maritime Boundary, approximately 40°40′ N Lat. and 65°52.61′ W Long. | | | |

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 § 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.

| Landings limits | 2026 | | 2027 
1 | |
| --- | --- | --- | | |
| 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

  (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

Regulatory Text 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

Regulatory Text 2. In § 648.53, revise paragraphs (a)(9), (b)(3), (c)(1), and (c)(2) to read as follows:

§ 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:

| 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 percent of ACL) | 60 | 67 |
| 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 of APL) 2 | 426 | 320 |
| LAGC IFQ Annual Allocation (5 percent of APL) 2 | 387 | 290 |
| Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 | 39 | 29 |
| 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 § 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:

| Permit category | 2026 | 2027 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. | | |

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(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.

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1. Amend § 648.59 by

a. Removing and reserving paragraph (a)(2)(i) and;

b. Revising paragraphs (b)(3)(i)(B), (c), (e), and (g)(3)(v);

The revisions read as follows:

§ 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.

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(c) Scallop Access Area scallop allocation carryover. With the exception of vessels that held a Confirmation of Permit History as described in § 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 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.

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(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 § 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.

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(g) * * *

(3) * * *

(v) LAGC IFQ access area allocations. There are no LAGC IFQ access area trip allocations for the 2026 and 2027 fishing years.

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1. Amend § 648.60 by:

a. Removing and reserving paragraphs (a) and (b);

b. Redesignating table 3 to paragraph (g)(1) as table 1 to paragraph (g)(1).

c. Revising paragraph (h);

The revision read as follows:

§ 648.60 Sea Scallop Rotational Areas.

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(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):

| Point | N latitude | W longitude | Note |
| --- | --- | --- | --- |
| AII1 | 41°30′ | 67°20′ | |
| AII2 | 41°30′ | (a) | (b) |
| AII3 | 40°40′ | (c) | (b) |
| AII4 | 40°40′ | 67°20′ | |
| AII1 | 41°30′ | 67°20′ | |
| a The intersection of lat. 41°30′ N and the United States-Canada Maritime Boundary, approximately lat. 41°30′ N, long. 66°34.73′
W. | | | |
| b From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary. | | | |
| c The intersection of lat. 40°40′ N and the United States-Canada Maritime Boundary, approximately lat. 40°40′ N and long. 65°52.61′
W. | | | |

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1. Amend § 648.62 by:

a. Revising paragraph (b)(1); and

b. Removing paragraph (e).

The revision read as follows:

§ 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.

| 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). | | |

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[FR Doc. 2026-05990 Filed 3-26-26; 8:45 am] BILLING CODE 3510-22-P

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