2023 Fishing Year Limited Access Allocations for the Atlantic Sea Scallop Fishery

New measures for Limited Access vessels implemented through Framework Adjustment 36 to the Atlantic Sea Scallop Fishery Management Plan and a summary of how they may affect fishing plans and activities for the 2023 fishing year. Effective April 1, 2023.

The following information describes new measures implemented through Framework 36 to the Atlantic Sea Scallop Fishery Management Plan and a summary of how they may affect your fishing plans and activities for the 2023 fishing year. We have also included reminders of some current requirements.

2023 Days-At-Sea (DAS) Allocations

Scallop Open Area DAS Allocations

2023 Rotational Closures

The following areas are closed for scallop fishing year 2023 (see map above and coordinates below):

• Area I
• Elephant Truck
• Nantucket Lightship-West
• New York Bight (No Transit)
• Nantucket Lightship-South Deep (Opens for fishing as Open Area on May 31, 2023)
• Nantucket Lightship-Triangle (Opens for fishing as Open Area on May 31, 2023)
• Nantucket Lightship-North (Opens for fishing as Open Area on June 30, 2023)

Fishing Year 2023 Access Area Allocations

Framework 36 changes the boundaries of Area II to include all of both areas formerly known as Closed Area II and Closed Area II-East. Framework 36 will not allocate any additional landings from Nantucket Lightship-South-Deep for the limited access fleet and this area will revert to open bottom starting on May 31, 2023.

Full-time Access Area Allocations: The table below provides the limited access full-time allocations for all of the access areas, which can be taken in as many trips as needed, so long as you do not exceed the possession limit on each trip.

 **Framework 36 implements a new access area possession limit of 12,000 lb for full-time limited access vessels.**

Full-Time Vessel Access Area Allocations and Trip Possession Limits

Part-time Vessel Access Area Allocations: The table below provides the limited access part-time allocations for two of the access areas, which can be taken in as many trips as needed, so long as you do not exceed the possession limit on each trip.

**Framework 36 implements a new access area possession limit of 9,600 lb for part-time limited access vessels.**

Part-Time Vessel Access Area Allocations and Trip Possession Limits

Northern Windowpane Flounder Accountability Measure Area Remains in Effect Fishing Year 2023

You are required to continue complying with the gear restrictions described below for fishing year 2023, April 1, 2023, through March 31, 2024. In fishing year 2021, the scallop fleet exceeded its sub-annual catch limit (ACL) for northern windowpane flounder by 398 percent. 

Because the scallop fleet exceeded its northern windowpane flounder sub-ACL in fishing year 2021, the Georges Bank Accountability Measure Area remains a windowpane flounder gear restricted area through March 31, 2024. Dredge gear must meet the description below in the gear restricted area. In addition, vessels may not fish for scallops with trawl gear in the gear restricted area when the accountability measure is in effect.

Gear Restriction

When a vessel is subject to this gear restricted area, the vessel will be required to fish with dredges as follows:

1. The maximum number of rows of rings in the apron of the topside does not exceed five rows; and
2. The maximum hanging ratio for a net on the top of a scallop dredge (twine top) does not exceed 1.5:1 overall.

Area II Seasonal Closure to Mitigate Flatfish Bycatch: Framework 36 continues the existing seasonal closure in Closed Area II to reduce bycatch of northern windowpane flounder and Georges Bank yellowtail flounder. For the 2023 fishing year, the seasonal closure in Closed Area II will occur from August 15-November 15.

** Area II will be closed from August 15 - November 15 for the 2023 fishing year.**

Research Set-Aside (RSA) Compensation Fishing

Because of a reduction in harvestable biomass particularly in access areas, under Framework 36 RSA compensation fishing will only be allowed in the open area. 

Access Area Carryover

Beginning April 1, 2023, and through the first 60 days of the fishing year, limited access vessels may fish their remaining unharvested 2022 access area scallop allocation. These trips must begin no later than May 30, 2023. After that date, any unused 2022 access area allocation expires.

• Trips declared prior to April 1, 2023, fishing 2022 allocation may continue into the 2023 fishing year Vessels on fishing year 2022 trips can only land 2022 Area II allocation, must stay within the 2022 Area II boundaries, and are subject to the fishing 2022 possession limits (i.e., 15,000 lb for full-time and 9,000 lb for part-time) on all access area trips. 
• For carryover trips declared after April 1, 2023, full-time and part-time vessels must declare a Mid-Atlantic Access Area (MAAA) trip*, must stay in the 2022 Area II boundaries, and are subject to the fishing year 2023 possession limits (i.e., 12,000 lb for full-time and 9,600 lb for part-time) on all access area trips. 

*We are requiring vessels conducting carryover trips into Area II to declare a MAAA trip in order to distinguish these trips from non-carryover trips and to effectively monitor the fishery for compliance with the requirements.  

• A vessel can combine carryover trips and 2023 trips provided there is 2022 allocation available in that area and it does not exceed the possession limit on any one trip. However, vessels may not exceed the 12,000 lb possession limit on any trip landing both 2022 and 2023 allocation.
• For example, if a full-time vessel has 2,000 lb of 2022 Area II allocation remaining and it makes an Area II trip for 12,000 lb, total. The first 2,000 lb would come off of the 2022 Area II allocation, and the remaining 10,000 lb would come off of the 2023 Area II allocation.
• For non-carryover trips declared after April 1, full-time and part-time vessels must declare an Area II trip, can only land 2023 Area II allocation, can fish in the entire 2023 Area II boundaries, and must follow the 2023 possession limits (i.e., 12,000 lb for full-time and 9,600 lb for part-time) on all access area trips.

**IMPORTANT** Fishing Year 2022 Carryover for Nantucket Lightship-South-Deep Rotational Area and Updates to Nantucket Lightship –Triangle

Framework 36 reverts the Nantucket Lightship-South-Deep (NLS-S-D) and Nantucket Lightship-Triangle Rotational Areas to open area after the 60-day carryover period ends to allow limited access vessels to harvest any remaining fishing year 2022 NLS-S-D allocation (through May 30, 2023). On May 31, 2023, both of these areas will revert to open bottom for the limited access fleet.

Nantucket Lightship-North Scallop Rotational Area (NLS-N) Closed for the Limited Access Fleet for 90 Days Before Reverting to Open Area

To support IFQ access on Georges Bank, Framework 36 allocates LAGC IFQ access area trips that could be taken in either the NLS-N or Area II for the 2023 fishing year. Limited access vessels are prohibited from fishing in the area during the first 90 days of fishing year 2023 (i.e., through June 29, 2023). On June 30, 2023, the NLS-N will revert to part of the open area for the limited access fleet. This area can then be fished by the limited access fleet on DAS.

Important Access Area Program Reminders

Crew Limits: Limited access vessels are restricted to 8 individuals (10 individuals in Nantucket Lightship-South-Deep), including the captain. Limited access vessels fishing in the small dredge program are limited to six individuals (eight individuals in Nantucket Lightship-South-Deep), including the captain. Crew limits for vessels on open area DAS trips remain at seven individuals for both full-time and part-time vessels and five individuals for small dredge vessels.

Reporting Requirements for All Scallop Trips: You need to submit a scallop pre-landing notification form through your Vessel Monitoring System (VMS) unit prior to returning to port at the end of each access area and DAS trip, including trips where no scallops are landed.

Access Area Allocation Monitoring: Although vessel owners are ultimately responsible for tracking their own scallop access area landings and ensuring they do not exceed their annual allocations, NMFS will compile dealer-reported scallop landing records with access area trip declarations. The information will be available on the web-based allocation monitoring tool, Fish Online, which each vessel owner can access and review. If vessel owners/operators have questions about the data they are seeing in Fish Online then they should contact our Vessel Trip Reporting Office at 978-281-9246. Questions on the accounting rules should be directed to the Sustainable Fisheries Division at 978-281-9315.

Observer Program Updates

Set-Aside Compensation

The access area compensation credit for limited access vessels is 250 lb per day, in addition to the vessel’s possession limit for each day or part of a day an observer is on board. The observer compensation credit can be harvested on a subsequent trip; however, you must remain within the trip’s possession limit when an observer is not onboard.  The open area compensation rate for limited access vessels fishing under DAS is 0.11 DAS per DAS fished (the vessel is charged 0.89 DAS for each DAS fished with an observer onboard).  We monitor the compensation rates and the observer set-aside use closely throughout the year. If information suggests that a different rate is necessary to account for unexpected fishery conditions, we will change the compensation rate as appropriate and necessary. Please see the webpage below for more information on how observer set aside rates were calculated.

2023 Observer Set-Aside Compensation Calculation

Call In and Survival Craft Requirements

Please read the following letters regarding important information and updates.

• Industry Funded Scallop Call-In Guide
• Industry Funded Scallop Program Call-In Requirements
• Survival Craft Requirements Regarding Capacity

Fishing Year 2023 Flatfish ACLs in the Scallop Fishery

*Proposed by the New England Fishery Management Council in Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan.

Other Reminders

Shell Stock Restrictions and changes to the shell-stock possession limits:

• Framework 36 changes the in-shell (shell stock) possession limit of scallops from a bushel conversion (1 bushel of in-shell scallops = 8 lb of scallop meats) to a weight conversion (8.33 lb of in-shell scallops = 1 lb of scallop meats).
• Vessels may not possess more than 3,332 lb of in-shell scallops shoreward of the VMS demarcation line, unless fishing under the state waters exemption program.
• A vessel declared into the Sea Scallop Access Area Program may not possess more than 3,332 lb of in-shell scallops outside of the access area.
• Vessels fishing in the Georges Bank paralytic shellfish poisoning (PSP) closure area may not retain in-shell scallops.

Scallop Pre-Landing Notification:

You must send a VMS Scallop Pre-Landing Notification form for the scallop trip at least 6 hours before arrival on the way back to port, or immediately after fishing ends if less than 6 hours before arrival. Forms must include the:

• Operator’s permit number;
• Vessel trip report (VTR) serial number recorded from that trip's VTR;
• Estimated amount of scallop meats and/or bushels to be landed;
• Estimated time and date of arrival in port; and
• Port city and state at which the scallops will be landed.

Daily Scallop Catch Reports: 

Scallop catch reports are required to be submitted daily for vessels that fish for, possess, or retain scallops and not also fishing under a Northeast multispecies DAS or sector allocation. These reports must be submitted in 24-hour intervals for each day of fishing that begins at 0000 hours and ends at 2400 hours. The reports must be submitted before 9:00 a.m. local time each day for the previous day's catch. Each report must include the:

• Operator’s permit number;
• VTR serial number;
• Date fish were caught;
• Total pounds of scallop meets kept; and
• Total pounds of all other fish kept.

No Transit Rotational Areas

Scallop vessels are not allowed to transit the Area II and New York Bight Rotational Areas unless there is a compelling safety reason for transiting the area and the vessel's fishing gear is stowed and not available for immediate use.

Stellwagen Bank Historic Shipwreck Avoidance: 

NOAA Fisheries, in conjunction with NOAA Stellwagen Bank National Marine Sanctuary (Sanctuary), requests that vessels avoid shipwreck sites on southern Stellwagen Bank within the Sanctuary by keeping gear 400 feet away from each of the site locations listed below. For details on the location of the wrecks please visit the Stellwagen Bank National Marine Sanctuary Shipwreck Avoidance page.

Protected Species Reminders:

Seasonal Turtle Chain Mat and Turtle Deflector Dredge (TDD) Required:

• Between May 1 and November 30
• Scallop vessels fishing west of 71° W. longitude must use both TDDs and Turtle chain mats during the entire TDD and chain mat season
• Gear Descriptions
• Commercial Fishing Reporting of Protected Species Takes
• Protected Species Handling and Resuscitation Requirements and Guidelines (PDF, 1 page)

Groundfish Possession Limits on Access Area Trips: 

Unless otherwise prohibited, limited access scallop vessels, also issued a valid groundfish permit, that have declared into a trip and that are fishing within the Sea Scallop Access Areas, may possess and land, per trip, up to a maximum of 1,000 lb of all groundfish combined. Additionally, the restrictions for Atlantic cod, haddock, and yellowtail flounder are as follows:

• Atlantic cod - Vessels may possess up to 100 lb of Atlantic cod per trip, provided such fish is for personal use only (you cannot sell, trade, or barter cod caught from access areas).
• Haddock - Vessels may possess and land haddock up to the overall possession limit of all groundfish combined, except that vessels cannot possess or land haddock from January 1 through June 30.
• Yellowtail flounder - PROHIBITED

Groundfish Possession Limits on Scallop DAS Trips

Unless otherwise prohibited, limited access scallop vessels also issued a valid groundfish permit that have declared into the scallop DAS program may possess and land, per trip:

• Groundfish - A maximum of 300 lb of all species combined.
• Yellowtail flounder - PROHIBITED.

Fishing Year 2023 Rotational Area Coordinates

Access Areas for Fishing Year 2023

 Area II Access Area

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.

Closed Areas Reverting to Open Area on May 31, 2023, for Fishing Year 2023

Nantucket Lightship-North Closed Area

Nantucket Lightship-South-Deep Access Area

Nantucket Lightship-Triangle Closed Area

Closed Areas for Fishing Year 2023

Nantucket Lightship-West Scallop Closed Area

New York Bight Scallop Closed Area

Closed Area I Access Area

Elephant Trunk

Georges Bank Accountability Measure Area

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 GBAM2 connected to Point GBAM3 along the U.S.-Canada Maritime Boundary.

³ The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W long.