Overview
The Summer Flounder Commercial Mesh Size Exemptions Framework proposes modifications to two exemptions from the summer flounder commercial minimum mesh size requirements. Specifically, this action proposes to expand the Small Mesh Exemption Program (SMEP) area, implement a tiered monitoring approach for the Small Mesh Exemption Program, and revise the definition of the term “flynet” as it relates to the flynet exemption from minimum mesh size requirements. These changes are intended to modernize the mesh size exemptions and provide additional flexibility to fishery participants while continuing to meet the conservation objectives of the FMP.
This action was developed jointly with the Atlantic States Marine Fisheries Commission’s (Commission) Summer Flounder, Scup, and Black Sea Bass Board (Board). The Council and Board took final action at a joint meeting on October 24, 2024. The Board adopted these changes through Addendum XXXV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and the Council recommended identical measures through a framework adjustment. The Council’s framework will be submitted to the National Marine Fisheries Service for review and implementation.
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Current regulations for the summer flounder trawl fishery require a minimum mesh size of 5.5-inch diamond mesh or 6.0-inch square mesh to retain more than 200 pounds of summer flounder from November through April, or 100 pounds of summer flounder from May through October. The Small Mesh Exemption Program provides an exemption from these requirements for authorized vessels fishing in a designated area from November 1 through April 30. This exemption is designed to allow vessels to retain some bycatch of summer flounder while operating in other small-mesh fisheries.
This action proposes to expand the exemption area by moving the boundary of the northern portion of the area approximately five miles west, then connecting the western boundary to the southern scup Gear Restricted Area. While this has the appearance of notably increasing the size of the exemption area, a large portion of the area overlaps with the Frank R. Lautenberg deep sea coral zone, where bottom tending gear is already prohibited. The intent of this change is to increase economic opportunities for industry while continuing to protect the summer flounder stock and prevent regulatory discards.
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This action proposes to implement a tiered monitoring approach for the Small Mesh Exemption Program. Current regulations allow the Greater Atlantic Regional Fisheries Office Regional Administrator to terminate the program for the remainder of the season if vessels fishing under the exemption are discarding on average more than 10%, by weight, of their entire catch of summer flounder per trip. Under the new tiered monitoring approach, the discard trigger will be increased to 25%, and once the trigger is reached, a more detailed review of discards will be conducted to determine whether the exemption should be rescinded. The intent of this review is to allow for a more comprehensive consideration of the drivers of, and appropriate response to, discards.
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This action proposes to revise the definition of the term “flynet” as it relates to the flynet exemption from the minimum mesh size requirements. The revised definition encompasses similar high-rise net types which have very large mesh in the wings, with mesh size decreasing through the body of the net. These nets are not designed to catch flatfish and generally catch small amounts of summer flounder.
Explore the Proposed Changes to the Small Mesh Exemption Program Boundary
Visit the Mid-Atlantic Ocean Data Portal to view the proposed changes to the Small Mesh Exemption Area boundary. The map shows the existing/status quo SMEP area in a solid yellow color and the proposed expansion area in stripes. Two map layers showing adjacent fishery management areas will automatically load as companion layers to aid in review of the proposed change. Explore the map layer here.
Contacts
Kiley Dancy, Mid-Atlantic Fishery Management Council, kdancy@mafmc.org, (302) 526-5257
Hannah Hart, Mid-Atlantic Fishery Management Council, hhart@mafmc.org, (302) 526-5263
Chelsea Tuohy, Atlantic States Marine Fisheries Commission, ctuohy@asmfc.org, (703) 842-0740
Action Development Timeline and Documents
Action Plan (as of July 31, 2024)
December 2023 Meeting: The Council and Board reviewed analysis of several summer flounder commercial mesh regulations and agreed to prioritize development of a framework/addendum to consider changes to these requirements.
January 2024: An FMAT/PDT for this action was formed.
April 2, 2024: The Council held a public webinar to gather stakeholder input on the alternatives being considered in this action.
April 2024 Meeting: The Council and Board approved a range of alternatives for inclusion in a draft framework/addendum document.
June 2024 Meeting: The Council and Board adopted additional alternatives to consider modifying the annual evaluation methodology for the Small Mesh Exemption Program (SMEP).
August 2024 Meeting: The Council and Board reviewed and approved a document for public comment.
September 2024: The Commission held two public hearings to gather public input on the draft addendum.
October 24, 2024 Meeting: The Council and Board reviewed public comments and took final action on the framework/addendum.