The Council and NMFS are announcing availability of the final Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan document, available at http://www.nefmc.org/scallops/planamen/a15/final_amendment15.html, for public comment. Amendment 15 establishes annual catch limits and accountability measures for the scallop fishery, as required by the MSA Reauthorization Act. It also establishes a new "overfishing definition" designed to be consistent with the rotational management program; makes administrative changes to the Limited Access General Category ITQ program; and address issues related to the research set-aside program. Any comments on these issues should be submitted by April 29, as well as on the environmental, economic, and social analyses in the amendment.
What has not yet been published are the regulations needed to implement A15's provisions. These are expected to be published for public comment soon. After the close of the comment period, NMFS will review public input and make a final decision on whether Amendment 15 meets the legal standards. There are no expected problems with approval. This process is expected to be completed by sometime in July, but it may take longer.
Also pending are the specifications for the 2011 scallop fishery, implemented via Framework 22. FW 22 sets the total number of open area days-at-sea, access area trips, and other things such as the observer and research TAC set-aside amounts. To be consistent with the law, FW 22 was drafted assuming that the new ACLs and AMs called for by A15 would be in place. As a result, the new specifications cannot be implemented until A15 goes final. A proposed rule implementing FW 22 is expected soon. Until this new framework is adopted, the rules in place for 2010 will remain in effect.