October 16, 2025 — The following was released by the Port of New Bedford:

Mayor Jon Mitchell today wrote to Eugenio Piñeiro Soler, Assistant Administrator for NOAA Fisheries, setting forth his position on a proposed rule that would allow full-time, limited-access scallop permit holders to “stack” two permits on a single vessel. New Bedford has been the nation’s highest-value fishing port for 23 consecutive years, since 2001. As the Mayor writes, “the Atlantic sea scallop fishery is one of America’s highest grossing commercial fisheries and is concentrated in New Bedford,” giving the city “a singular interest in policies that govern the allocation of scallop permits.”

Background and changing circumstances
Three years ago, the mayor opposed a proposal that would have authorized leasing of limited-access scallop permits. In his view then, it went further than necessary to address over-capitalization and risked inexorable industry consolidation, costing shoreside jobs and diminishing returns to single-boat owners and their crews, while failing to sufficiently engage the small businesses most exposed. He now notes that changing circumstances have prompted him to revisit his position, given the continued tightening of effort controls and their knock-on effects throughout the fleet and waterfront.

Why the industry needs relief
“The continued decline in available days-at-sea and closed area trips for limited-access permit holders has forced a broad reckoning in the industry that the traditional assignment of one permit per boat is antiquated. It has resulted in scallopers remaining in port for nearly eleven months a year on average – hardly an efficient use of a multi-million-dollar business asset,” the mayor writes. Building on that point, the mayor cites the practical consequences in port: prolonged vessel idling has increased congestion on municipal piers, reducing safety for fishermen; and by cutting average-boat revenues, it has constrained reinvestment in vessels, raising additional safety concerns.

What’s different now
“The new proposal is being advanced by a different group of proponents, who went back to the proverbial drawing board to fashion a more measured approach. In its broadest terms, the proposal would not allow the leasing of permits, but it instead would allow the transfer of permits between two vessels of similar size and common ownership. In practice, this would enable one boat to fish for approximately twice as long in any given year,” the mayor wrote.

“Earlier objections to permit stacking are not triggered by the new proposal. The consolidation of two permits will not likely result in the loss of crew jobs. The reality is that on account of the days-at-seas caps, it is now common for scallop fishermen to serve on multiple vessels. It is also not likely for scallop stocks to grow to a point that could support a significantly greater number of fishing days for the current fleet. New equipment technology and fishing techniques have made scallop fishing much more efficient than it was in the 1990s, when the current permitting regime was instituted.” He adds that “the process used to fashion the new proposal was more open than last time,” and that proponents “have actively sought to understand the concerns of boat owners and shore-side businesses,” yielding “broader understanding and support in New Bedford,” the mayor wrote.

Not yet an endorsement, but a clear direction
“While it would be premature for me to explicitly endorse the proposal, as the precise language has yet to be settled on, it is clear that the status quo is untenable,” the mayor wrote.

Four caveats from the mayor’s letter
Before any action is taken, the letter sets out four caveats that should accompany the proposal:

1. Expansion of the resource. “The Management Council should expand the biomass available for fishing… In particular, the implementation of a permit stacking regime would make it even more important that the Council revisit its decision not to reopen the Northern Edge to scalloping, as I have long advocated.”
2. Legal Curbs on Consolidation. “To protect against the risk of consolidation, the five percent ownership cap of scallop permits must remain sacrosanct… The Council should remain leery of allowing stacking rules to slide down a slippery slope toward open-ended leasing and even the commodification of permits.”
3. Preventing the Abandonment of Vessels. “The stacking of permits will lead owners not to use their less productive vessels… permit holders must make certain accommodations. This could include a prohibition on the stacking of a permit if the vessel with which it is associated has remained dormant at a public facility for an unreasonably long time.”
4. Robust Engagement. “Before implementing the proposal, the Council should ensure that the interests of smaller fishing and shore side businesses are fully considered. Given its status as the epicenter of the scallop industry and America’s leading fishing port, New Bedford should be the focal point of these efforts.”

Read the letter here