Rule2026-08206
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
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Published
April 28, 2026
Effective
April 27, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the implementation of Framework Adjustment 18 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). This framework modifies exemptions to the minimum mesh size requirements in the commercial summer flounder fishery. The purpose of this action is to increase operational flexibility for the commercial fishing industry.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Rules and Regulations]
[Pages 22762-22766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08206]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260422-0108]
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: Final rule.
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SUMMARY: NMFS announces the implementation of Framework Adjustment 18
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan (FMP). This framework modifies exemptions to the minimum mesh size
requirements in the commercial summer flounder fishery. The purpose of
this action is to increase operational flexibility for the commercial
fishing industry.
DATES: This rule is effective April 27, 2026.
ADDRESSES: Copies of the draft Framework Adjustment 18 to the Summer
Flounder, Scup, and Black Sea Bass FMP, 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#ec808d999e8dc28889858b848d82ac82838d8dc28b839a"><span class="__cf_email__" data-cfemail="fa969b8f889bd49e9f939d929b94ba94959b9bd49d958c">[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 the Administrative Procedure Act, NMFS reviews Council
recommendations and, after taking public comment, implements approved
fishery management actions for Federal waters.
In this final rule, NMFS is implementing Framework Adjustment 18 to
the Summer Flounder, Scup, and Black Sea Bass FMP (i.e., the Summer
Flounder Commercial Mesh Exemption Framework Action). The Summer
Flounder Commercial Mesh Exemption Framework Action implements changes
to the two existing 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 operational flexibility. These changes are
consistent with the original intent of the minimum mesh size
exemptions, which is 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), in
order to protect smaller summer flounder, 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.
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 an appropriate Letter
of Authorization (LOA) issued by the Regional Office for this purpose;
and (2) the flynet exemption, which allows exemptions for vessels using
a specific net configuration. Additional information on the history and
details of these programs is provided in the proposed rule (90 FR
44618, September 16, 2025) and is not repeated here.
Under the rulemaking authority of Magnuson-Stevens Act sections
303(c) and 304(b), this action implements three modifications to the
existing summer flounder minimum mesh size exemptions, as requested by
the fishing industry and recommended by the Council: (1) expansion of
the geographical area of the SMEP; (2) revision of the annual
evaluation process for the SMEP; and (3) revision of the definition of
a flynet within the summer flounder regulations. 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 implements three administrative changes related
to the minimum mesh size exemptions: (1) allowance for a minimum LOA
period of less than 7 days to provide added operational flexibility to
the industry; (2) implementation of the use of a flynet vessel trip
reporting (VTR) code for ease of tracking fishing activity under the
flynet exemption; and (3) revision of the criterion used to evaluate
whether to terminate the flynet exemption in order to more accurately
align with the original FMP amendment and the original objective of the
action. These administrative changes support the implementation of the
framework, alleviate an administrative constraint
[[Page 22763]]
that is no longer necessary, and correct an error in the regulations.
Final Measures
SMEP: Area Expansion
This action moves 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 coordinates of the revised area
are found in Sec. 648.108, as implemented by this rule. 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 revision adds approximately 4,943 km\2\ (1,441
nautical miles\2\) of accessible waters to the SMEP area after
excluding the deep-sea coral zone.
Members of the fishing industry requested this change to provide
greater flexibility to those fishing in multiple fisheries, noting that
the SMEP has reduced summer flounder regulatory discards and is
critical for the economic stability of their businesses. The 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 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. This action additionally
corrects a citation referring to net stowage requirements in section
648.14(n)(2)(iii)(B).
SMEP: Discard Threshold Evaluation
This action updates 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 increases 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. The increase
to the evaluation threshold 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.
When the discard threshold is reached, the Monitoring Committee
will lead the preparation of an analysis of SMEP discards before the
Regional Administrator decides whether to temporarily revoke the SMEP.
Alternatively, if NMFS leads the preparation of the analysis, then the
Monitoring Committee will review that analysis ahead of the Regional
Administrator's decision. Implementing a Monitoring Committee-led
review of SMEP discards will 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.
Finally, this action also changes 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 updates the SMEP participation period, allowing the
Regional Administrator to specify a shorter minimum participation
period of between 1 and 7 days. These changes would occur as needed
alongside development and further advancement of paperless LOAs. The 7-
day minimum was originally implemented due to the administrative burden
of processing paper-based LOA applications and withdrawal requests.
However, the 7-day minimum participation period limits the industry's
ability to adjust its behavior based on real-time fishing conditions.
This administrative change also allows for the minimum participation
period to be reduced when technology that enables faster LOA processing
becomes available. On April 1, 2026, regional NMFS staff implemented
paperless LOAs and integrated them into the region's electronic
permitting system. This updated system automatically validates
qualification criteria and issues LOAs, which should obviate the need
for the 7-day minimum. This rule will accommodate the paperless LOA
process by allowing for a minimum LOA period from 7 days to as short as
1 day.
Flynet Exemption: Flynet Definition
This action changes the regulatory definition of a ``flynet'' by
removing the requirements for a specified number of seams and the
maximum mesh size within the summer flounder regulations at Sec.
648.108(b)(2). Industry feedback indicated 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. Based on consultations with members of the
fishing industry that use the gear, the updated definition will 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.'' As with the proposed SMEP
alterations, this 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 revises the evaluation criterion in Sec.
648.108(b)(2)(iv) used to determine whether the termination of the
flynet exemption may be warranted, replacing ``discards'' with
``catch.'' 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 resulted from an administrative
error which this rule will correct.
[[Page 22764]]
Flynet Exemption: Vessel Trip Reporting
This action implements a flynet gear code to identify trips taken
under the flynet exemption more accurately through VTRs. 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 change will support improved monitoring of the flynet exemption,
which will result in improved decision making regarding termination of,
or any future modifications to, the exemption.
Comments
NMFS received three comments on the proposed rule (90 FR 44618,
September 16, 2025) from four individuals. Two comments expressed
support for the proposed action. One comment written by two individuals
expressed partial support while offering concerns about bycatch
reduction and stakeholder input.
Comment 1: One comment requested that the action include a gradual
transition to requiring the use of semi-pelagic otterboards to reduce
bycatch and mitigate the environmental impacts of bottom-tending gear
on seabed habitats.
Response: This action was initiated after the Council's fall 2023
review of summer flounder commercial mesh regulations, which identified
necessary changes to the SMEP based on feedback from the commercial
fishing industry. The scope of this action was set after multiple
rounds of public input, Committee discussion, and Council review. In
order to comply with the National Environmental Policy Act, an EA was
prepared at the proposed rule stage that found no significant impacts
of all alternative proposed actions on the quality of the human
environment. The goals described in this comment fall outside of the
purpose and need for this action that was evaluated in the EA. In
addition, NMFS determined that the rule is not expected to notably
change fishing locations, amount of gear in the water, or timing of
fishing in a manner that would modify existing impacts to habitat.
Finally, NMFS determined that this rule is in compliance with section
7(d) of the Endangered Species Act (ESA) because no incentive is
provided for vessels to increase effort, substantially change the area
fished, or change the gear types used to catch summer flounder, so no
new or elevated interaction risks with ESA-listed species are expected
to occur. While the commenter can seek the Council to pursue this
approach in a future action, NMFS has determined that implementing
further changes to gear regulations is outside the scope of this rule.
Comment 2: The same commenters also requested that the rule conduct
a more thorough cost-benefit analysis by considering a wider range of
stakeholders, including researchers or conservationists.
Response: Members of the Council, Advisory Panel, and Monitoring
Committee represent a wide range of fishery stakeholders, including
researchers, environmental conservation professionals, and
representatives of the recreational and commercial fishing industries.
Actions such as this rule are developed through meetings that are open
to public comment and documented on the Council's website. The Council
prepared thorough analyses of the action's impacts on habitat,
protected resources, and human communities as part of its EA, RIR, and
Regulatory Flexibility Act compliance. NMFS has determined that these
analyses are sufficient to support this final rule.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
NMFS is issuing this rule pursuant to sections 304(b) and 305(d) of
the Magnuson-Stevens Act. Section 304(b) provides specific authority
for implementing this action. Sections 304(b) and 305(d) of the
Magnuson-Stevens Act authorize 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 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. The
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
Pursuant to 5 U.S.C. 553(d)(1) and (d)(3), the 30-day delay in
effective date requirement does not apply to this rule because: (1) the
rule will relieve a restriction on fishery participants; and (2) there
is good cause to implement it immediately. This rule relieves a
restriction by expanding the area within which the SMEP exception
applies and eliminating the restriction for a 7-day minimum LOA period.
SMEP exemptions allow summer flounder permit holders using smaller mesh
in other fisheries to retain more summer flounder, thus converting
discards to landings. This rule expands the SMEP area by 4,943 km\2\,
allowing greater retention of summer flounder in areas where summer
flounder permit holders are participating in other fisheries using mesh
below the summer flounder minimum mesh size. The 7-day minimum
participation period for SMEP LOAs previously limited industry's
ability to respond to real-time fishing conditions. Relief of this
restriction therefore provides greater flexibility for fishery
participants. There is good cause to implement this rule immediately
because modernizing the regulatory definition of exempted flynet gear
aligns the exempted flynet gear with current fishing operations. This
new definition reflects modern net configurations that serve the
original objective of the flynet exemption and are already in use
throughout the region. The updated flynet gear definition is expected
to reduce potential confusion and/or inadvertent violations.
For the reasons above, the 30-day delay in effective date does not
apply to this rule.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is considered an E.O. 14192 deregulatory action.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a
[[Page 22765]]
regulatory flexibility analysis was not required and none was prepared.
This final 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: April 23, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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 inches\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 longitude
72[deg]30' W from the coast of Connecticut south to latitude
40[deg]50.24' N 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
[[Page 22766]]
``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. 2026-08206 Filed 4-27-26; 8:45 am]
BILLING CODE 3510-22-P
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