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Less than 1% of all domestic scallops harvested are diver caught. In the U.S. there is only one fishery that still harvests scallops commercially by diving on a large enough scale to matter, and that is in the state of Maine. Most other diver scallops are taken by recreational fishermen. Maine gives out about 300 fishing licenses for scallops, and of those only about 1 in 5 are a diver's license. Divers rarely ever catch their limit, which is a little over 135 pounds. So if you do the math, you will see that it's impossible for 60 divers catching a little over 6,000 pounds of scallops to supply every menu in the U.S. that boasts diver scallops.
But....
That doesn't mean that they don't exist. There is still a small fishery in Maine that continues to harvest premium, day boat, true diver scallops. That fishery opens in mid December (read right now) and extends through April, though the season never really lasts that long. Most often the quota is met, weather gets bad, or the divers just stop going out there long before March or April comes along. The peak times to enjoy some of the best scallops available are during the months of December, January, and February. Usually diver scallops are available to the highest bidder a few days out of each week and typically the short supply goes fast.
Why is a diver scallop better? As long as a diver scallop is handled properly, the customer is ensured that the meat is unadulterated and fresher out of the water than any other scallops in the market. A diver scallop is often harvested and shipped on the same day, so consumers can actually be dinning on scallops just hours out of the water. Diver scallops are pristine in quality and set the bar for sweetness and quality.
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