At its December 2025 meeting, the New England Fishery Management Council voted to submit Framework 40 to NOAA’s National Marine Fisheries Service (NMFS).  Pursuant to section 304(a) of the Magnuson-Stevens Fishery Conservation and Management Act, NMFS is drafting a proposed rule to approve and implement Framework 40.  Framework 40 is a time-sensitive action that would set annual specifications for the Atlantic sea scallop fleet for the 2026 fishing year, including the annual catch limits for the limited access and limited access general category fleets, as well as days-at-sea. Framework 40 would implement specifications that would result in projected landings of 18.66 million lb.  Framework 40 specifications would increase landings and days-at-sea allocations relative to the default measures that will go into effect if this action is delayed.  If default measures went into effect in 2026, projected landings are estimated to be 10.13 million lb, resulting in revenues of $148.08 million.  Projected landings for the Framework 40 specifications are 18.66 million lb, with revenues of $278.09 million.  This action is expected to have a positive social and economic impact relative to the no-action alternative. This is a time-sensitive regulatory action that sets annual catch limits for the Atlantic Sea Scallop Fishery Management Plan. This action is routine and needed to fully open the scallop fishery for the 2026-fishing year, beginning April 1, 2026.  If Framework 40 is not effective by April 1, 2026, more restrictive default measures would go into effect.  Framework 40 was developed by the Council with input from the scallop industry throughout its development. The specifications in this rule would only be in place for one year, with additional default specifications for fishing year 2027. If this action is delayed, opening the Scallop fishery by April 1, 2026, would trigger default measures that are less preferable to industry and resource managers.  In addition to being more restrictive, the default measures would create confusion among the fleet if they go into effect and then NMFS implements Framework 40’s 2026 specifications because fishery management measures would change mid-season. The default measures could also have detrimental impacts to the conservation of important, and sensitive, scallop resources and could cause immediate adverse economic impacts to the scallop industry. They could also lead to reductions in future scallop harvests. For these reasons, NMFS anticipates waiving the final rule’s 30-day cooling-off period under 5 USC 553(d)(3) for good cause.