May 14, 2025 — The following was released by the Fisheries Survival Fund:
A petition submitted by the Fisheries Survival Fund (FSF) to restore scallop fishing access to the Northern Edge of Georges Bank has been formally recognized by the federal government as a national deregulatory priority. In comments submitted to the Office of Management and Budget (OMB), the U.S. Small Business Administration’s Office of Advocacy included the FSF petition among just 21 proposals selected from more than 75,000 nationwide for special consideration. It was the only fisheries-related regulation identified and one of just two pertaining to the Department of Commerce.
This federal-level recognition may provide critical momentum for the New England Fishery Management Council to reopen consideration of access to the Northern Edge, a historically significant area with continued importance to the nation’s scallop fleet.
FSF advanced its April 28 petition through two regulatory channels.
First, it was submitted directly to the Secretary of Commerce under standard federal rulemaking procedures, requesting that the New England Fishery Management Council be directed to revisit current restrictions in the Closed Area II Habitat Management Area—commonly known as the Northern Edge. This followed the same legal pathway FSF used in 1998 to launch a successful effort expanding scallop access elsewhere on Georges Bank.
Second, FSF responded to OMB’s government-wide Request for Information (RFI) on deregulation, issued April 11, 2025[1]. This RFI was initiated in direct response to Executive Order 14219, signed by President Donald J. Trump on February 19, 2025, which mandated a comprehensive government-wide review of existing regulations to identify those that are unlawful, exceed statutory authority, or impose unnecessary burdens. The RFI invited the public to propose specific regulations for repeal or reform as part of this broader deregulatory effort.
FSF acknowledges that this opportunity was made possible by Executive Order 14219 and expresses its appreciation to President Trump for his leadership in creating a structured and responsive mechanism for regulatory reform.
By authorizing agencies to seek public input and reconsider outdated rules, the administration made it possible for affected industries such as scallop fishing to engage meaningfully in the federal decision-making process.
In its formal filing, the SBA’s Office of Advocacy highlighted the current regulation[2], which bars scallop fishing in the Northern Edge area. Advocacy noted that it had been contacted by a coalition of 156 small businesses in the scallop industry, which cited the adverse economic impacts of the closure. While the closure was originally intended to protect groundfish populations, Advocacy called on the National Marine Fisheries Service (NMFS) to reexamine whether those conservation goals can be met without unnecessarily restricting scallop access.
SBA’s recommendation is notable because nearly all of the other deregulatory proposals included in its comments were national in scope. Northern Edge access was the only fisheries regulation named, and one of just two regulations from the entire Department of Commerce to receive this distinction. This singling out by the SBA is expected to further distinguish the FSF petition among the tens of thousands filed during the OMB’s open comment period.
The Office of Advocacy is uniquely empowered under the Regulatory Flexibility Act to represent small business concerns in the federal rulemaking process. Its endorsement of the FSF petition underscores both the economic significance of scallop access and the need for a more tailored, evidence-based approach to habitat protections that balances environmental objectives with sustainable harvesting.