Summer Flounder Commercial Issues Amendment (Amendment 21)

Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, also known as the Summer Flounder Commercial Issues Amendment, was developed jointly by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. This amendment modified the state allocation system for the commercial summer flounder fishery and updated the FMP objectives for summer flounder. These changes were implemented on January 1, 2021.

Summary of Approved Measures

Commercial Allocation Changes

Amendment 21 changed the state-by-state commercial quota allocations when the coastwide quota exceeds 9.55 million lb. Under the new allocation system, when the coastwide commercial summer flounder quota is 9.55 million lb or less, the quota will be distributed according to the existing (Amendment 4) allocations. When the coastwide quota exceeds 9.55 million lb, the first 9.55 million lb will be distributed based on the existing allocations, and the additional quota above 9.55 million lb will be distributed in equal shares to all states, except Maine, Delaware, and New Hampshire, which will split 1 percent of the additional quota.

This change was intended to increase equity in state allocations when annual coastwide commercial quotas are at or above historical averages, while recognizing the economic reliance coastal communities have on the state allocation percentages currently in place.

FMP Goals and Objectives

Amendment 21 also revised the FMP goals and objectives for summer flounder to provide more meaningful and up to date guidance to managers. The revised goals focus on ensuring biological sustainability of the summer flounder resource, supporting and enhancing development of the effective management measures, and optimizing social and economic benefits from the resource.

Other Measures Considered

The Council and Board considered, but did not recommend, changes to the commercial federal moratorium permit qualification criteria. They also did not recommend adding landings flexibility policies to the list of frameworkable items in the FMP.

Amendment Status

The Council and Board took final action at their March 2019 meeting. A Final Environmental Impact Statement (FEIS) was submitted to the National Marine Fisheries Service in May 2020. On October 19, 2020, NMFS notified the Council and ASMFC that it had approved the amendment. The Final Rule published on 12/14/20, and FMP modifications were implemented on January 1, 2021.

Recent Documents

Approval and Final Rule

Proposed Rule

Final Amendment

Allocation Revisions Fact Sheet

Public Hearings

Committee Meeting Summaries

Commercial/Recreational Allocation Model 

Advisory Panel Documents

FMP Goals and Objectives Workshop (December 2015)

Past Council/Board Meeting Materials

Scoping Documents

Federal Register Notices


Amendment Background

Summer flounder are managed cooperatively by the Atlantic States Marine Fisheries Commission in state waters (0-3 miles), and by the Mid-Atlantic Fishery Management Council and NOAA Fisheries in Federal waters (3-200 miles). 

A number of issues and concerns relative to summer flounder management have been raised by Council and Commission members, advisors, and other stakeholders. The Council received significant input on summer flounder management during the Council's Visioning and Strategic Planning process, conducted from 2011-2013. During this process, input gathered from surveys, port meetings, and other comment opportunities indicated that there was significant stakeholder interest in re-examining and updating many of the management strategies and measures currently in place for the summer flounder fishery.

In addition, this action was proposed to evaluate the need for management response to changing conditions in the summer flounder fishery. This includes addressing apparent shifts in the distribution and center of biomass for the summer flounder stock (possibly related to the effects of rebuilding and/or climate change), as well as changing social and economic drivers for these fisheries.

The Council conducted fourteen scoping hearings and solicited comments from the public in September and October of 2014. Comments were compiled and presented at the Council’s December 2014 meeting. Based on these comments, the Council and Board identified four general categories of issues to be addressed in the amendment:

  1. Fishery Management Plan (FMP) goals and objectives,

  2. Quota allocation between the commercial and recreational sectors,

  3. Commercial management measures and strategies, and

  4. Recreational management measures and strategies.

These issues were later split into separate actions to expedite addressing commercial issues and FMP goals and objectives revisions while revised time series of recreational data are being developed by NMFS.

Additional Resources

Summer Flounder Stock Assessment Documents

  More Information on Summer Flounder Management