FR 2025-04276

The proposed rule by the National Marine Fisheries Service (NMFS) detailed in the document aims to introduce Framework Adjustment 39 to the Atlantic Sea Scallop Fishery Management Plan. The targeted implementation years are 2025 and 2026. This adjustment involves setting catch limits, revising fishing allocations, and managing access areas to protect juvenile scallops. The rule also involves several strategic modifications to improve scallop yield and sustainability, including seasonal closures, rotational area management, and establishing a research set-aside for studies related to scallop fishing.

Significant Issues and Concerns

The extensive length and complex regulatory language of the document pose a significant barrier to understanding for the general public. It includes a range of detailed economic analyses and technical specifications that may be difficult to digest for those unfamiliar with fishery management or economic principles. The specificity of the rules, particularly around the Research Set-Aside (RSA) and Observer Set-Aside programs, raises concerns about potential misunderstandings among stakeholders, especially if they are not explained adequately. Furthermore, the document does not provide clear metrics or criteria for evaluating the success or impact of the proposed framework, potentially complicating assessment of its effectiveness over the proposed period.

Potential Impacts on the Public

For the general public and non-experts, the proposed rule could initially appear confusing or overly technical, diminishing understanding and engagement with the contents. There might be concerns about whether the rule achieves optimal balance between resource management and economic activity, considering the complex economic and scientific data presented.

Impact on Specific Stakeholders

The proposed changes could have a mix of positive and negative implications for various stakeholders. On the positive side, fishing communities and industries that rely on sustainable scallop fishing may benefit from measures designed to prevent overfishing and ensure long-term viability. These regulations may provide greater stability and predictability for those earning incomes in this sector.

On the downside, small business entities within the fishery sector might face reduced revenue in comparison to previous years due to anticipated declines in projected landings. The document mentions a potential $0.14 million decrease in revenue per vessel based on forecasts. Additionally, the complexity of some proposed measures, such as those involving RSA compensation, might create administrative challenges or require stakeholders to seek further clarification or assistance to comply effectively.

In conclusion, the NMFS's proposed adjustments aim to support the sustainability of the Atlantic Sea Scallop fishery. However, the accessibility and clarity of the document could be enhanced for broader public comprehension, especially given the potential economic and environmental impacts on varying stakeholders. Clear communication and further explanation of the specific allocations and intended outcomes could aid in better public and stakeholder understanding of the proposed rules.

The proposed rule for Framework Adjustment 39 to the Atlantic Sea Scallop Fishery Management Plan involves several financial considerations related to the management of the scallop fishery. The financial references in the document highlight prospective impacts on industry revenue, allocations for specific programs, and economic implications for small entities.

Financial Impact on Industry Revenue

The primary financial implication of this proposed rule is the anticipated reduction in fleetwide revenue for limited access vessels, including the LAGC IFQ fleet. It is estimated that the projected landings for the 2025 fishing year will result in a reduction of about $35.7 million in revenue compared to the previous year, 2024. This decline is attributed to changes in allocations and expected lower catch limits. Nevertheless, compared to the default measures from Framework 38, which would result in 9.16 million pounds of landings and estimated revenues of $167.45 million, the propositions in Framework 39 are predicted to increase landings to 19.75 million pounds, with estimated revenues of $348.25 million. This represents an impressive increase of $180.8 million over the default scenario.

Specific Financial Allocations

The document identifies allocations toward specific programs such as the Research Set-Aside (RSA) and Observer Set-Aside. A total of 1.275 million pounds of scallops has been allocated annually for the RSA to fund research activities. An additional 394,627 pounds for 2025 and 390,218 pounds for 2026 are set aside for the observer program to help defray costs to vessels that carry observers. These allocations are intended to ensure effective management and conservation practices. However, without clear cost-benefit analyses, these allocations could be perceived as potentially wasteful, raising accountability issues.

Implications for Small Business Entities

For regulatory purposes, a small business in the shellfish industry is defined as a firm with annual receipts of less than $11 million. The document identifies that seven limited access entities exceed this threshold, thus categorizing them as large entities, while all LAGC IFQ entities remain classified as small. The economic benefit for smaller entities under Framework 39 compared to the baseline of 2024 is expected to decrease by roughly 9.3 percent, or about $0.14 million per entity. The decline in projected landings, rather than scallop prices, drives this negative impact.

Transparency and Evaluation Concerns

The financial references in the document reveal intricate spending and revenue projections but do not address the need for clear metrics or evaluation criteria to measure the proposed framework's success. This omission makes it challenging to assess whether financial allocations, such as those for the RSA or observer programs, provide substantial benefits relative to their costs. As such, stakeholders might struggle to understand precisely how these financial endeavors will optimize the fishery management plan's objectives.

In conclusion, the financial allocations and references within this proposed rule have significant implications for the scallop fishery's economic landscape. The positive impact of increased projected revenues over the default measures contrasts with the anticipated decline compared to 2024 revenue levels. Specific program allocations, while supportive of research and monitoring endeavors, would benefit from clearer justification to ensure fiscal responsibility.