Public Hearings Scheduled for Recreational Measures Setting Process Framework/Addenda

The Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) are considering changes to the process for setting recreational management measures (bag, size, and season limits) for bluefish, summer flounder, scup, and black sea bass. The Council is considering these changes through a framework action, and the Commission is considering an identical set of options through draft addenda.

The Framework/Draft Addenda are intended to establish a process that will replace the currently used Percent Change Approach implemented through the Harvest Control Rule Framework/Addenda, which will sunset at the end of 2025. The Commission’s Draft Document for Public Comment provides detailed information about the specific management options under consideration. The option that is ultimately selected by the Council and Commission will be used to set recreational management measures for 2026 and beyond.

Public Hearings

The Commission has scheduled a series of public hearings to gather input on its Draft Addenda. Although the Council’s framework development process does not include public hearings, all public comments provided during the Commission’s comment period will be considered by both groups before taking final action. All those interested in the management of the recreational summer flounder, scup, black sea bass, and bluefish fisheries are encouraged to provide input during any of five public hearings to be held between January 14 and January 29, 2025. Written comments may be submitted through February 15, 2025. Please see the Commission’s press release for a hearing schedule and instructions for submitting comments.

Learn More

The Council’s Recreational Measures Setting Process Framework/Addenda page contains further details, including an action development timeline and links to relevant background documents.

If you have questions or need additional information, please contact Julia Beaty (jbeaty@mafmc.org) or Chelsea Tuohy (ctuohy@asmfc.org).

ASMFC and MAFMC Approve Changes to Summer Flounder Commercial Mesh Size Exemptions

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Annapolis, MD – The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) and the Mid-Atlantic Fishery Management Council (Council) have jointly approved modifications to two exemptions from the summer flounder commercial minimum mesh size requirements. 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 action which will be submitted to the National Marine Fisheries Service for review and implementation. 

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. Through this action, the Board and Council agreed 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.

The Board and Council also voted 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.

Finally, the Board and Council approved a revised definition of the term “flynet” as it relates to the flynet exemption from the summer flounder commercial 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.

Addendum XXXV, including the map showing the approved boundaries, will be posted at https://asmfc.org/species/summer-flounder under Management Plans and FMP Reviews once the map is finalized. Updates on the Council’s framework will be posted at https://www.mafmc.org/actions/summer-flounder-commercial-mesh-exemptions.

For more information, please contact either Chelsea Tuohy, ASMFC Fishery Management Plan Coordinator at ctuohy@asmfc.org or Kiley Dancy, Mid-Atlantic Fishery Management Council, at kdancy@mafmc.org.

Fact Sheet: Black Sea Bass 2025 Specifications

Fact Sheet: Black Sea Bass 2025 Specifications

Overview

• The black sea bass fishery is jointly managed by the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission).

• The Council develops recommendations for fisheries in federal waters, while the Commission establishes management measures for state waters. Measures adopted by the Commission are final, while the Council’s recommendations must be reviewed and, if approved, implemented by NOAA Fisheries

• Each year, the Council and Commission work together to develop coastwide specifications (i.e., total allowable catch and harvest levels) with the goal of aligning the management approach for state and federal waters.

• At their August 2024 meeting, the Council and the Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) were unable to reach agreement on black sea bass specifications for 2025. The Board voted to leave the 2025 specifications the same as 2024, while the Council adopted specifications associated with a 20% reduction in the acceptable biological catch limit (ABC), consistent with the advice of its Scientific and Statistical Committee (SSC).

• In October 2024, NOAA Fisheries published a proposed rule to implement 2025 black sea bass specifications consistent with those adopted by the Commission. If implemented, these specifications would exceed the ABC recommended by the Council and its SSC.

Why did the Council and Commission adopt different specifications?

• The Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires the Council’s SSC to provide scientific advice for fishery management decisions, including recommendations for ABCs, prevention of overfishing, and achieving maximum sustainable yield.

• The Council’s SSC recommended a 20% reduction in the ABC for 2025 based on the results of the 2024 Black Sea Bass Management Track Stock Assessment.

• During their August 2024 meeting, the Council and Board discussed uncertainty about the projection methodology as well as concern about the potential socio-economic impacts of a 20% decrease in the ABC.

• The Council is bound by the MSA requirement to set catch limits which do not exceed the recommendations of its SSC. However, the Commission is not bound by the MSA. Therefore, the Board voted to suspend the typical joint management process for the 2025 black sea bass specifications, allowing them to adopt different catch and landings limits than the Council. The Board then voted to maintain status quo catch and landing limits for 2025. The Council considered also adopting status quo specifications; however, as this would violate the MSA, the Council ultimately agreed to set the 2025 specifications based on the SSC’s recommended 2025 ABC.

How can NOAA Fisheries implement ABCs that exceed the SSC’s recommendations?

• The MSA requires the Council to set catch limits that do not exceed the ABCs recommended by the SSC. However, that restriction applies only to the Councils, and NOAA Fisheries is able to set an ABC higher than the SSC recommendation in some circumstances.

• Regulations at 50 CFR 648.143(e) allow the NOAA Fisheries Regional Administrator to take administrative action to address disconnects between Council and Board actions “to achieve alignment through consistent state and Federal measures such that no differential effects occur to Federal permit holders.”

• As rationale for not implementing the specifications recommended by the Council, NOAA Fisheries notes in the proposed rule that divergent state and Federal quotas "would likely have significant negative socioeconomic impacts on Federal black sea bass permit holders." The proposed rule also notes that the black sea bass stock "is well above the FMP's definition of the biomass capable of producing maximum sustainable yield." 

Why would a 20% reduction in catch limits be needed for an abundant stock?

• The 2024 Black Sea Bass Management Track Stock Assessment found that the black sea bass stock was not overfished and overfishing was not occurring in 2023. Spawning stock biomass in 2023 was estimated at about 2.19 times the target level, and fishing mortality was estimated to be 23% below the threshold level that defines overfishing.

• However, projections predicted a sharp decline in biomass in the future. Based on this information, the Council’s SSC recommended an ABC of 13.29 million pounds for 2025. This represents a 20% decrease compared to 2024.

• The Council and Board questioned the projected decline in future biomass as this is not consistent with the generally increasing trend in biomass seen over the past several years. They also noted that projections based on the previous assessment model for several prior specifications cycles repeatedly predicted similarly sharp declines in biomass which were not realized.

What does this mean for 2025 recreational measures?

• The Council and Board will decide on the approach for 2025 recreational bag, size, and season limits during their December 2024 meeting. Their decision will be informed by Monitoring Committee and Advisory Panel input, recent fishery information, the requirements of the Fishery Management Plan, and other information as appropriate.

What does this mean for specifications after 2026?

• The management track assessment will be updated next year, with plans already underway to thoroughly evaluate the projection methodology and make revisions as appropriate. These updates will be used to inform the 2026-2027 catch and landings limits.

Proposed 2025 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries

NOAA Fisheries is proposing the Mid-Atlantic Fishery Management Council’s recommended 2025 summer flounder, scup, and bluefish specifications. These specifications are consistent with those adopted by the Atlantic States Marine Fisheries Commission (Commission). The proposed catch limits are based on the results of recently conducted stock assessments for summer flounder, scup, and bluefish, and the recommendations of the Council’s Scientific and Statistical Committee for all three species. The proposed 2025 specifications for black sea bass consistent with those adopted by the Commission.

Comments must be received on or before October 31, 2024.

• Read the proposed rule

MAFMC to GARFO: Comments on Black Sea Bass Commercial State Allocation Amendment NOA and Proposed Rule

MAFMC Comment Letter on Black Sea Bass Commercial State Allocation Amendment (Amendment 23)

NOAA Fisheries Seeks Comments on a Proposed Rule to Implement 2023 Recreational Management Measures for Summer Flounder, Scup, and Black Sea Bass

Comments Due April 14, 2023

NOAA Fisheries is seeking comments on proposed 2023 summer flounder, scup, and black sea bass recreational fishery management measures.

Summer Flounder and Black Sea Bass

We propose the conservation equivalency approach for the summer flounder and black sea bass recreational fisheries. Under conservation equivalency, states or regions develop minimum sizes, possession limits, and fishing seasons that will achieve the necessary level of conservation. Both the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission recommended conservation equivalency, for both species, in 2023.

The proposed rule contains additional details on conservation equivalency, including what measures would be put in place if the states or regions do not implement conservationally equivalent measures.

Scup

We are proposing a 10-inch minimum size limit, 40-fish possession limit, and May 1- December 31 open season for recreational scup measures in federal waters, with the states to further modify state measures through the Commission process.

Read the proposed rule as published in the Federal Register today. The comment period is open through April 14. Submit your comments through the e-rulemaking portal. 

Questions?

Fishermen: Contact Emily Keiley, Sustainable Fisheries, 978-281-9116

Media: Contact Allison Ferreira, Regional Office, 978-281-9103

Final Rule: 2023 Summer Flounder, Scup, and Black Sea Bass Specifications

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