Proposed Rule2025-17831
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Framework Adjustment 18 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
Primary source
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Published
September 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Framework Adjustment 18 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This framework would modify exemptions to the minimum mesh size requirements in the commercial summer flounder fishery. The purpose of this action is to increase flexibility for the commercial fishing industry.
Full Text
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Proposed Rules]
[Pages 44618-44622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17831]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250908-0149]
RIN 0648-BN55
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Framework
Adjustment 18 to the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 18
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan. This framework would modify exemptions to the minimum mesh size
requirements in the commercial summer flounder fishery. The purpose of
this action is to increase flexibility for the commercial fishing
industry.
DATES: Comments must be received by October 16, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0026">https://www.regulations.gov/docket/NOAA-NMFS-2025-0026</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0026, by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0026 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
''N/A'' in the required fields if you wish to remain anonymous).
Copies of the draft Framework Adjustment 18 to the Summer Flounder,
Scup, and Black Sea Bass Fishery Management Plan, including the
Environmental Assessment and the Regulatory Impact Review (EA/RIR)
prepared in support of this action are available from Dr. Christopher
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 North State Street, Dover, DE 19901. The supporting
documents are also accessible via the internet at: <a href="https://www.mafmc.org/actions/summer-flounder-commercial-mesh-exemptions">https://www.mafmc.org/actions/summer-flounder-commercial-mesh-exemptions</a>.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Policy Analyst,
(978) 281-9184, or <a href="/cdn-cgi/l/email-protection#f995988c8b98d79d9c909e919897b997969898d79e968f"><span class="__cf_email__" data-cfemail="f894998d8a99d69c9d919f909996b896979999d69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
develop management measures for the summer flounder, scup, and black
sea bass fisheries in state and Federal waters. Pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and Administrative Procedure Act, NMFS reviews and, after
taking public comment, approves appropriate fishery management actions
that apply in Federal waters.
The Council submitted draft Framework Adjustment 18 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP)
(Summer Flounder Commercial Mesh Exemption Framework Action) to NMFS
for consideration of approval. The Summer Flounder Commercial Mesh
Exemption Framework Action proposes changes to the two exemptions from
the minimum mesh size requirements in the commercial summer flounder
fishery. The goal of this framework is to modernize the exemptions to
be consistent with current gear use and fishing practices, providing
the industry with better access to the exemptions and greater
flexibility. The proposed changes are consistent with the primary
original objective of the minimum mesh size exemptions, which was to
reduce summer flounder discards in other fisheries without increasing
the catch of smaller summer flounder.
The implementing regulations for the FMP are found at 50 CFR part
648 subpart G. Pursuant to Magnuson-Stevens Act section 303(b)(4), the
summer flounder regulations at Sec. 648.108(a) specify the minimum
allowable mesh size when using an otter trawl in the commercial summer
flounder fishery. To protect smaller summer flounder, summer flounder
permit holders may retain no more than 100 pounds (lb; 45 kilograms
(kg)) of summer flounder from May to October and 200 lb (91 kg) from
November to April when using otter trawls with mesh below the minimum
size. The regulations at Sec. 648.108(b) provide two exemptions from
the minimum mesh size requirements: (1) The Small-Mesh Exemption
Program (SMEP), which provides exemptions within a defined geographical
area from November through April for vessels holding a Letter of
Authorization (LOA); and (2) the flynet exemption, which allows
exemptions for vessels using a specific net configuration. These two
[[Page 44619]]
exemptions were originally implemented in 1993 to allow summer flounder
permit holders to retain some bycatch of summer flounder while
operating in other small-mesh fisheries.
The original SMEP was implemented based on data indicating that
catch of smaller summer flounder was low in the SMEP area during the
winter months. Under the SMEP, summer flounder permit holders may
obtain an LOA that allows them to land more than 200 lb (91 kg) of
summer flounder when fishing with mesh smaller than the minimum size
east of 72[deg]30' W longitude between November 1 and April 30. Vessels
must hold the LOA for a minimum of 7 days and may not fish west of
72[deg]30' W longitude while the LOA is active. The regulations
authorize the Regional Administrator to terminate the SMEP for the
remainder of a season if observer data indicate SMEP participants are
discarding more than an average of 10 percent of their entire summer
flounder catch per trip (by weight).
The flynet exemption allows vessels to retain more than the
incidental limits of summer flounder when using a two-seam otter trawl
flynet with: (1) Large mesh in the wings that measures 8 inches (20
centimeters (cm)) to 64 inches (163 cm), (2) a first body section
(belly) of the net with 35 or more meshes that are at least 8 inches
(20 cm), and (3) mesh that decreases in size throughout the body of the
net to 2 inches (5 cm) or smaller towards the terminus of the net. The
flynet definition was based on nets being used primarily to target
bluefish and sciaenids between September and April from North Carolina
to Cape Henlopen, Delaware. State data indicated summer flounder
comprised only 1 to 3 percent of the total flynet trip catch,
supporting the exemption.
The regulations at Sec. 648.110 authorize the Council to recommend
actions to adjust management measures, including gear restrictions and
gear requirements, to meet or be consistent with the goals and
objectives of the FMP through a framework action. Under the rulemaking
authority of Magnuson-Stevens Act sections 303(c) and 304(b), this
action proposes three modifications to the existing summer flounder
minimum mesh size exemptions: (1) expand the geographical area of the
SMEP, (2) revise the annual evaluation process for the SMEP, and (3)
revise the definition of a flynet within the summer flounder
regulations. These changes were recommended by the Council, and adopted
by the Commission, in October 2024. Under the Secretarial rulemaking
authority of Magnuson-Stevens Act section 305(d), which authorizes NMFS
to promulgate regulations necessary to carry out an FMP, this action
also proposes three administrative changes related to the minimum mesh
size exemptions: (1) allow for a minimum LOA period of less than 7 days
to provide added flexibility to the industry, (2) implement the use of
a flynet vessel trip reporting (VTR) code for ease of tracking fishing
activity under the flynet exemption, and (3) revise the criterion used
to evaluate termination of the flynet exemption to align with the
original FMP amendment and the original objective of the action. These
administrative changes support the implementation of the proposed
framework, alleviate an administrative constraint that is no longer
necessary, and correct an error in the regulations. While these changes
were not part of the framework action, the Council expressed support
for NMFS to make them.
Proposed Measures
SMEP: Area Expansion
This action proposes moving the western boundary of the SMEP area
approximately 5 miles (8 kilometers (km)) west for the portion of the
area south of Long Island Sound. The use of bottom-tending gear is
prohibited in the Frank R. Lautenberg Deep-Sea Coral Protection Area,
and this action would not modify the portion of the SMEP south of that
area nor allow SMEP trips in the Coral Protection Area. The proposed
western boundary would follow the existing boundary at 72[deg]30' W
longitude from the southern coast of Connecticut to Long Island, New
York. South of Long Island, it would follow 72[deg]37' W longitude
south until it intersects with the northeast corner of the current scup
Southern Gear Restricted Area (GRA) at 39[deg]20' N latitude and
72[deg]37' W longitude. It would then follow the eastern border of the
scup Southern GRA to 37[deg] N latitude, which would form the southern
boundary of the SMEP until it intersects with the current SMEP boundary
at 72[deg]30' W longitude. It would then follow that longitude south to
the boundary of the U.S. Exclusive Economic Zone (EEZ).
The proposed revision would add approximately 4,943 km\2\ (1,441
nm\2\) of accessible waters to the SMEP area after excluding the deep-
sea coral zone where bottom-tending gear is prohibited. Members of the
industry requested this change to provide greater flexibility to those
fishing in multiple fisheries. They noted that the SMEP has reduced
summer flounder regulatory discards and is critical for the economic
stability of their businesses. The proposed expansion of the SMEP area
is intended to allow for greater retention of summer flounder in areas
where summer flounder permit holders are currently participating in
other fisheries using mesh below the summer flounder minimum mesh size.
The proposed change is not expected to pose a risk to the health of the
summer flounder stock because (1) overall summer flounder landings are
constrained by annual catch limits, (2) the summer flounder regulations
prohibit the retention of undersized summer flounder, and (3) the
regulations allow for the SMEP to be temporarily terminated if data
indicate that SMEP participants are discarding summer flounder above a
specified threshold.
SMEP: Discard Threshold Evaluation
This action proposes an update to the annual review criteria for
the SMEP. The current regulations authorize the Regional Administrator
to terminate the SMEP for the remainder of the season when a threshold
of an average of 10 percent of summer flounder catch is discarded per
SMEP trip (by weight). This action would increase the discard threshold
to an average of 25 percent of the summer flounder catch per SMEP trip
(by weight). This change is based on improved data quality and
availability. Current data indicate a similar level of summer flounder
discards per trip, regardless of SMEP participation, in the trawl
fishery from November to April (i.e., the SMEP season). On average, 24
percent of summer flounder catch is discarded per trip for both LOA and
non-LOA trips during this period, and 25 percent for all trips year-
round. Increasing the evaluation threshold to 25 percent is not
expected to result in significant increases in summer flounder discards
and would ensure that termination of the SMEP is considered when SMEP
discards increase beyond what is considered normal relative to the
summer flounder fishery as a whole.
This action also proposes that, when the discard threshold is
reached, the Monitoring Committee would lead or review an analysis of
SMEP discards before the Regional Administrator decides whether to
temporarily revoke the SMEP. Implementing a Monitoring Committee-led
review of SMEP discards would allow the Regional Administrator to
consider other relevant information before deciding whether to
temporarily revoke the SMEP. These changes are intended to prevent
premature SMEP closures and unnecessary economic harm to permit holders
who rely on the SMEP.
[[Page 44620]]
This action also proposes changes to the timing of the SMEP
revocation, authorizing the Regional Administrator to terminate the
exemption for the remainder of the current SMEP season or the following
SMEP season. The current regulations allow the Regional Administrator
to terminate the SMEP for only the remainder of the current season.
This action would add an option to terminate the SMEP for the following
SMEP season based on the lag in data availability and the timeline
required to undertake an in-depth review of SMEP discards.
SMEP: LOA 7-Day Minimum
This action proposes a revision to the requirement that SMEP
participants hold an SMEP LOA for a minimum of 7 days. The 7-day
minimum was implemented due to the administrative burden of processing
paper-based LOA applications and withdrawal requests. Regional NMFS
staff are currently working on the development of paperless LOAs and
their integration into the region's electronic permitting system. The
updated system would automatically validate qualification criteria and
issue LOAs for those with simple criteria, such as the SMEP LOA,
eliminating the need for the 7-day minimum.
The SMEP regulations prevent permit holders from fishing outside of
the SMEP area while holding a SMEP LOA, including with gear that
complies with the summer flounder minimum mesh requirements. The 7-day
minimum participation period limits the industry's ability to adjust
its behavior based on real-time fishing conditions. This action
proposes updating the SMEP participation period to allow for a minimum
period of up to, but not more than, 7 days, as specified by the
Regional Administrator. This administrative change would allow for the
minimum participation period to be reduced when technology that enables
faster LOA processing becomes available.
Flynet Exemption: Flynet Definition
This action proposes removing the number of seams and the maximum
mesh size from the flynet definition within the summer flounder
regulations (Sec. 648.108(b)(2)). The proposed changes are based on
industry feedback that the current definition does not reflect modern
net configurations and that similar nets that align with the original
objective of the flynet exemption are used throughout the region. The
updated definition would be ``an otter trawl with: (1) Large mesh in
the wings that measures 8 inches (20 cm) or greater; (2) a first body
(belly) section that has at least 280 inches (711 cm) of mesh behind
the sweep where the mesh size is at least 8 inches (20 cm); and (3)
mesh that decreases in size throughout the body of the net toward the
codend.'' These nets do not typically catch high amounts of summer
flounder because the large mesh at the openings allows flatfish to
escape. As with the proposed SMEP alterations, this proposed change is
not expected to pose a risk to the health of the summer flounder stock,
given the summer flounder annual catch limits, summer flounder minimum
size requirements, and the Regional Administrator's authority to
rescind the flynet exemption for the remainder of the year when a
specific threshold is reached.
Flynet Exemption: Termination Evaluation
This action proposes a revision to the evaluation criterion used to
determine whether the termination of the flynet exemption may be
warranted. In Amendment 2 to the FMP, the Council recommended that the
Regional Administrator consider terminating the flynet exemption when
the annual average summer flounder catch exceeds 1 percent of the total
catch in the flynet fishery. However, the regulations provide a
criterion of summer flounder discards greater than 1 percent of summer
flounder catch in the flynet fishery. The record for that amendment
does not indicate that NMFS rejected the Council's recommendation nor
does it provide a rationale for such a change. Rather, the difference
between the FMP and regulations likely results from an administrative
error. This action proposes updating the regulations to align with the
original FMP amendment. The original criterion is more consistent with
the objective of the flynet exemption, which was implemented because
summer flounder catch is low in flynet gear.
Flynet Exemption: Vessel Trip Reporting
Currently, evaluation of the flynet exemption relies on the vessel
operator self-reporting the net type during observed trips. Given the
limited number of observed trips and the variation in net terminology
throughout the region, accurate identification of flynet trips has been
challenging. This action proposes the implementation of a flynet gear
code to identify trips taken under the flynet exemption more accurately
through VTRs. This change would support improved monitoring of the
flynet exemption, which will result in improved decision making
regarding termination of, or any future modifications to, the
exemption.
Classification
Pursuant to sections 304(b)(1)(A), 304(c), and 305(d) of the
Magnuson-Stevens Act, the NMFS Assistant Administrator has determined
that this proposed rule is consistent with the Summer Flounder, Scup,
and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment. NMFS is issuing this rule pursuant to sections 304(b)(1)(A)
and 305(d) of the Magnuson-Stevens Act, which provide specific
authority for implementing this action. Section 304(b) of the Magnuson-
Stevens Act authorizes NMFS to review and, if warranted, approve and
implement rules and regulations deemed necessary by the Council.
Pursuant to section 305(d) of the Magnuson-Stevens Act, this action is
necessary to carry out the Summer Flounder, Scup, and Black Sea Bass
FMP because the administrative changes proposed under this authority
support implementation of the Council's proposed changes, alleviate an
administrative constraint that is no longer necessary, and correct an
error in the regulations.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The entities (i.e., the small and large businesses) that may
be affected by this action include fishing operations with Federal
moratorium (commercial) permits for summer flounder. Vessels may hold
multiple fishing permits, and some entities own multiple vessels and/or
permits. According to the Northeast Fisheries Science Center commercial
ownership database, 719 vessels held Federal summer flounder moratorium
permits in 2023. Ownership data collected from permit holders indicate
that 416 unique business entities held at least one summer flounder
permit. Of these, 363 were classified as commercial fishing businesses,
with 355 (i.e., 98 percent) of them classified as small businesses and
8 (i.e., 2 percent) classified as large businesses. On average, summer
flounder accounted for
[[Page 44621]]
$54,751 of the $1.42 million average total revenue (i.e., 4 percent)
for the small businesses. It accounted for an average of $292,749 of
the $19.1 million average total revenue (i.e., 1.5 percent) for the
large businesses.
The expansion of the geographical area of the SMEP is intended to
allow summer flounder permit holders using small mesh in other
fisheries to retain summer flounder that they would otherwise be
required to discard. Vessels operating in the expanded area would be
expected to retain an additional 5,000 lb (2.27 mt) to 15,000 lb (6.8
mt) of legal-sized summer flounder annually, which would result in
approximately $12,500 to $37,500 of additional revenue per year across
participating vessels. The proposed changes to the SMEP evaluation and
termination criteria are intended to prevent a premature closure and
unnecessary economic harm to permit holders who rely on the SMEP, which
is expected to have an unquantifiable, slight positive economic impact
on summer flounder permit holders. The proposed changes to the
definition of a flynet would allow summer flounder permit holders using
small mesh in other fisheries to retain summer flounder that they would
otherwise be required to discard. Vessels do not report detailed gear
configuration information for every trip, and it is not possible to
identify the number of vessels or trips taken with gear that would meet
the revised flynet definition. However, the proposed changes are
expected to allow a small increase in summer flounder landings for a
small number of vessels, resulting in a small increase in revenue. The
other changes proposed in the action are administrative.
The modifications to the summer flounder commercial minimum mesh
exemptions proposed in this rule are expected to result in negligible
to moderate positive socioeconomic impacts for commercial fishery
participants because they would allow for additional flexibility for
fishing vessels to retain incidental catch of summer flounder while
targeting other species. Therefore, this action would be expected to
increase revenues. In sum, if finalized as proposed, this action would
not have a significant economic impact on a substantial number of small
entities. As a result, an initial regulatory flexibility analysis is
not required, and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 8, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.4, revise paragraph (a)(3)(iii) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(3) * * *
(iii) Exemption permits. Owners of summer flounder vessels seeking
an exemption from the minimum mesh requirement under the provisions of
Sec. 648.108(b)(1) must request a letter of authorization (LOA) from
the Regional Administrator. Vessels must be enrolled in the exemption
program for a minimum period, specified by the Regional Administrator,
of up to 7 days. The Regional Administrator may impose temporary
additional procedural requirements by publishing a notification in the
Federal Register. If a summer flounder charter or party requirement of
this part differs from a summer flounder charter or party management
measure required by a state, any vessel owners or operators fishing
under the terms of a summer flounder charter/party vessel permit in the
EEZ for summer flounder must comply with the more restrictive
requirement while fishing in state waters, unless otherwise authorized
under Sec. 648.107.
* * * * *
0
3. In Sec. 648.14, revise paragraphs (n)(2)(iii)(B) and (C) to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(n) * * *
(2) * * *
(iii) * * *
(B) Fish with or possess nets or netting that are modified,
obstructed, or constricted, if fishing with an exempted net described
in Sec. 648.108, unless the nets or netting are stowed in accordance
with Sec. 648.108(e).
(C) Fish outside of the area specified in Sec. 648.108(b)(1)(i) if
exempted from the minimum mesh requirement specified in Sec. 648.108
by a summer flounder Small-Mesh Exemption Program letter of
authorization.
* * * * *
0
4. In Sec. 648.102, revise paragraph (a)(5) to read as follows:
Sec. 648.102 Summer flounder specifications.
(a) * * *
(5) Adjustments to the exempted area boundary and season specified
in Sec. 648.108(b)(1), based on data reviewed by the Summer Flounder
Monitoring Committee during the specification process, to prevent
discarding of more than an average of 25 percent of the summer flounder
catch per trip, by weight, from all SMEP trips.
* * * * *
0
5. In Sec. 648.106, revise paragraph (d) to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
* * * * *
(d) Commercially permitted vessel possession limits. Owners and
operators of otter trawl vessels issued a permit under Sec.
648.4(a)(3) that fish with or possess nets or pieces of net on board
that do not meet the minimum mesh requirements and that are not stowed
in accordance with Sec. 648.108(e), may not retain 100 lb (45.4 kg) or
more of summer flounder from May 1 through October 31, or 200 lb (90.7
kg) or more of summer flounder from November 1 through April 30, unless
the vessel is fishing under an exemption, as specified in Sec.
648.108(b). Summer flounder on board these vessels must be stored so as
to be readily available for inspection in standard 100-lb (45.3-kg)
totes or fish boxes having a liquid capacity of 18.2 gal (70 L), or a
volume of not more than 4,320 in\3\ (2.5 ft\3\ or 70.79 cm\3\).
0
6. In Sec. 648.108, revise paragraph (b) to read as follows:
Sec. 648.108 Summer flounder gear restrictions.
* * * * *
(b) Exemptions. Unless otherwise restricted by this part, the
minimum mesh-size requirements specified in paragraph (a)(1) of this
section do not apply to: (1) A vessel issued a summer flounder
moratorium permit that meets the requirements of paragraph (b)(1)(ii)
of this section, fishing from November 1 through April 30 in the Small-
Mesh Exemption Area, as defined in paragraph (b)(1)(i) of this section.
(i) Small-Mesh Exemption Area. The Small-Mesh Exemption Area is the
area east or north, as appropriate, of a line that follows 72[deg]30' W
from the coast of Connecticut south to 40[deg]50.24' N
[[Page 44622]]
latitude and then follows straight lines connecting the following
points in the order stated until it intersects with the outer boundary
of the U.S. EEZ (copies of a map depicting the area are available upon
request from the Regional Administrator):
Table 1 to paragraph (b)(1)(i)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
SMEA1.......................... 40[deg]50.24' N 72[deg]30' W
SMEA2.......................... 40[deg]48.04' N 72[deg]37' W
SMEA3.......................... 39[deg]20' N 72[deg]37' W
SMEA4.......................... 39[deg]4.38' N 72[deg]47.22' W
SMEA5.......................... 38[deg]28.65' N 73[deg]29.37' W
SMEA6.......................... 38[deg]29.72' N 73[deg]30.65' W
SMEA7.......................... 38[deg]26.32' N 73[deg]33.44' W
SMEA8.......................... 38[deg]13.15' N 73[deg]49.77' W
SMEA9.......................... 38[deg]13.74' N 73[deg]50.73' W
SMEA10......................... 38[deg]11.98' N 73[deg]52.65' W
SMEA11......................... 37[deg]29.53' N 74[deg]29.95' W
SMEA12......................... 37[deg]29.43' N 74[deg]30.29' W
SMEA13......................... 37[deg]6.97' N 74[deg]40.8' W
SMEA14......................... 37[deg]5.83' N 74[deg]45.57' W
SMEA15......................... 37[deg]4.43' N 74[deg]41.03' W
SMEA16......................... 37[deg]3.5' N 74[deg]40.39' W
SMEA17......................... 37[deg] N 74[deg]43' W
SMEA18......................... 37[deg] N 72[deg]30' W
SMEA19......................... (\a\) 72[deg]30' W
------------------------------------------------------------------------
\a\ U.S. EEZ longitude, approximately 33[deg]1.30' N.
(ii) Requirements.
(A) A vessel fishing in the Summer Flounder Small-Mesh Exemption
Area under this exemption must have on board a valid LOA issued by the
Regional Administrator.
(B) The vessel must be enrolled in the exemption program for a
minimum period, specified by the Regional Administrator, of up to 7
days.
(C) The vessel may not fish for any species outside of the Small-
Mesh Exemption Area, as described in paragraph (b)(1)(i) of this
section, during the time the LOA is effective. Vessels may resume
fishing outside the Small-Mesh Exemption Area once the LOA has expired.
Vessels may withdraw from the SMEP before the LOA expiration date in
accordance with the terms outlined in the LOA. Vessels participating in
the Small-Mesh Exemption Program in accordance with this section and
Sec. 648.4(a)(3)(iii) may transit the area west or south of the Small-
Mesh Exemption Area if the vessel's fishing gear is stowed in a manner
prescribed under Sec. 648.108(e), so that it is not ``available for
immediate use'' outside the exemption area.
(iii) Evaluation and Termination. If data indicate that vessels
fishing under the Small-Mesh Exemption Program are discarding more than
an average of 25 percent, by weight, of their entire catch of summer
flounder per Small-Mesh Exemption Program trip, the Monitoring
Committee shall coordinate or conduct a review of the exemption
program. The review shall be completed no later than the next series of
specifications setting or review meetings and presented to the ASMFC
Summer Flounder, Scup and Black Sea Bass Management Board and MAFMC.
After considering the Monitoring Committee's review and the
recommendations of the Board and Council, the Regional Administrator
may terminate the exemption for the remainder of the season or for the
following exemption season. If the Regional Administrator makes such a
determination, he/she shall publish notification of the termination in
the Federal Register, in compliance with the requirements of the
Administrative Procedure Act.
(2) A vessel fishing with an otter trawl fly net with the following
configuration is exempt from the summer flounder minimum mesh size
requirements, provided the vessel documents use of a flynet on its
Vessel Trip Report (VTR) and has no other nets or netting with mesh
smaller than 5.5 inches (14.0 cm) on board:
(i) Configuration.
(A) The net has large mesh in the wings that measures 8 inches
(20.3 cm) or greater.
(B) The first body section (belly) of the net has at least 280
inches (711.2 cm) of mesh behind the sweep where the mesh size is at
least 8 inches (20.3 cm).
(C) The mesh decreases in size throughout the body of the net
toward the codend.
(ii) Evaluation and Termination. The Regional Administrator may
terminate this exemption if he/she determines, after a review of
relevant data, that the annual average summer flounder catch exceeds 1
percent of the annual average total catch from all vessels fishing
under the exemption. If the Regional Administrator makes such a
determination, he/she shall publish notification in the Federal
Register, in compliance with the requirements of the Administrative
Procedure Act, terminating the exemption for the remainder of the
calendar year.
* * * * *
[FR Doc. 2025-17831 Filed 9-15-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.