Mid-Atlantic Council Seeks Public Input on Summer Flounder Mesh Regulations and Exemptions

Comments are due November 17, 2023.

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

Proposed Rule: Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

NOAA Fisheries is seeking comments on proposed changes to the commercial and recreational allocations for summer flounder, scup, and black sea bass. The comment period is open through September 12, 2022.

Public Hearings Scheduled for Recreational Harvest Control Rule Framework/Addenda

This action considers changes to the process for setting recreational management measures (bag, size, and season limits) for summer flounder, scup, black sea bass, and bluefish. Eight virtual public hearings will be held between March 16 and April 13, 2022, and written comments may be submitted through April 22, 2022.

MAFMC and ASMFC Approve Changes to Commercial and Recreational Allocations of Summer Flounder, Scup, and Black Sea Bass

The revised allocations are intended to better reflect the current understanding of the historic proportions of catch and landings from the commercial and recreational sectors. These changes are expected to take effect January 1, 2023.

Reminder: MAFMC and ASMFC to Consider Final Action on Summer Flounder, Scup, and Black Sea Bass Commercial/Recreational Allocation Amendment

Next week, the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) will consider final action on the Summer Flounder, Scup, and Black Sea Bass Commercial/Recreational Allocation Amendment during the Council’s December 2021 Council Meeting.

Final action was previously considered in April 2021 but was postponed until December to allow further progress to be made on the Recreational Harvest Control Rule Framework and Addendum. The purpose of this joint amendment is to consider adjusting the allocations of catch or landings between the commercial and recreational fisheries for summer flounder, scup, and black sea bass. Details on the specific alternatives being considered are available in the Decision Document and in the Combined Briefing Materials. Additional background information can be found here.

Meeting Details: This agenda item is scheduled for 3:00 p.m. on Tuesday, December 14 (please note that this start time is subject to change). Members of the public are welcome to attend in person at the Westin Annapolis (100 Westgate Circle Annapolis, MD 21401) or online via Webex webinar (Meeting number: 2330 933 4966; Meeting password: ncKMj56xX6p). Please see the December 2021 Meeting Page for additional details, including health and safety precautions. A live stream of the meeting will also be available on our YouTube channel.

Public Comment: Members of the public participating in person and remotely will have opportunities to provide oral comments during the meeting. There is no need to pre-register for public testimony. At the appropriate time, the chairman will provide instructions on how to indicate your desire to speak. You may also submit written comments through the December 2021 Public Comment form or via email to cmoore@mafmc.org. Comments submitted by 5:00 p.m. on Thursday, December 9, will be combined and posted as supplemental materials on the meeting page (please note that comments submitted by December 1 are already included in the briefing materials). After December 9, comments may only be submitted through the comment form (no email).

Questions? For questions about the amendment, contact Kiley Dancy (kdancy@mafmc.org, 302-526-5257) or Dustin Colson Leaning (dleaning@asmfc.org, 703-842-0714). For questions about the meeting or public comment procedures, contact Mary Sabo (msabo@mafmc.org, 302-526-5261).

December 2021 Council Meeting - Quick Links

Council Revises Black Sea Bass Commercial State Allocation Recommendations

The Mid-Atlantic Fishery Management Council approved a 1% increase in New York’s black sea bass commercial allocation, bringing New York’s baseline share of the coastwide quota to 8%, during a meeting last week with the Atlantic States Marine Fisheries Commission’s (Commission) Summer Flounder, Scup and Black Sea Bass Management Board (Board). This action modifies the state commercial quota allocations that had been previously approved through the Council’s Black Sea Bass Commercial State Allocation Amendment and the Commission’s Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan.

The Amendment and Addendum, approved in February 2021, address significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented in 2003. Among other things, these actions changed Connecticut’s baseline allocation from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters. The Amendment and Addendum also added the state-by-state allocations to the federal FMP.

In March, New York appealed the allocation changes approved by the Board in February, arguing that its baseline quota should increase similarly to that of Connecticut as it too had experienced a significant disparity between allocation and the abundance/availability of black sea bass in Long Island Sound, which is shared by New York and Connecticut.

The Commission’s Interstate Fisheries Management Program Policy Board (Policy Board) considered the appeal in May. Finding that it was justified, the Policy Board remanded the section of Addendum XXXIII addressing baseline allocations back to the Board for corrective action to address impacts to New York’s baseline allocation in a manner comparable to the consideration given to Connecticut. Based on the Policy Board’s decision, the Board was required to increase New York’s baseline allocation by up to 2%.

During their June Council Meeting, the Council considered the implications of this decision and agreed to revisit these allocations with the Board, with the goal of maintaining the same final recommendations in the Council’s Amendment and the Commission’s Addendum.

During last week’s meeting, the Council and Board considered various potential increases in New York’s baseline quota. Both management bodies ultimately approved a 1% increase. The Council will forward its revised recommendations to NOAA Fisheries for final approval. A table containing the revised state allocations of the black sea bass commercial quota can be found below.

For more information, visit http://www.mafmc.org/actions/bsb-commercial-allocation or contact Julia Beaty, Fishery Management Specialist, jbeaty@mafmc.org, (302) 526-5250.

*These allocations represent the baseline quota plus the regional biomass distribution based on the results of the 2021 Operational Stock Assessment. These allocations will be updated if future assessments indicate a change to the biomass distribution.

Council to Hold Virtual Summer Flounder Management Strategy Evaluation (MSE) Workshops

The Mid-Atlantic Fishery Management Council (Council) will hold three virtual regional public workshops to solicit input on future management of the recreational summer flounder fishery. These workshops are part of the Council’s development of a management strategy evaluation (MSE) which will evaluate different management strategies designed to minimize discards in the recreational summer flounder fishery. Input provided during the workshops will build on the 800+ comments and suggestions that were submitted through a public comment form earlier this year. More information about this project can be found on the Summer Flounder Management Strategy Evaluation page.

During the workshops, participants will listen to a series of short background presentations and then provide input and feedback regarding summer flounder discard concerns, potential management objectives to address these concerns, and performance metrics and strategies to achieve these objectives. 

Workshop Schedule and Registration

The dates and times of the three virtual workshops are listed below. Individuals are encouraged to participate in the workshop for their region; however, all workshops are open to all individuals. Participants will first need to register for the workshop(s) in which they plan to attend. To help plan and organize the workshops, interested participants are encouraged to register at least 24 hours prior to a scheduled workshop.

  1. Massachusetts through Connecticut: Monday, March 29, 2021; 5:30 P.M. – 8:00 P.M.

    Register for the MA-CT Workshop

  2. New York through Delaware: Wednesday, March 31, 2021; 5:30 P.M. – 8:00 P.M.

    Register for the NY-DE Workshop

  3. Maryland through North Carolina: Monday, April 5, 2021; 5:30 P.M. – 8:00 P.M.

    Register for the MD-NC Workshop

Workshops will be held via Webex, which can be accessed using a computer, tablet, or smartphone. Participants can also join and participate in the workshop with a phone-only connection; however, you will not be able to see any presentations or other materials shared on the webinar.  Once registered, you will receive an email from Webex with the webinar information including the webinar link, telephone number and access code, and a calendar invite.

Questions? Contact Brandon Muffley, bmuffley@mafmc.org, (302) 526-5260

ASMFC and MAFMC Approve Changes to State Allocations of Commercial Black Sea Bass Quota

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) jointly approved several changes to the management program for black sea bass commercial fisheries. These changes include modifying the state allocations of the commercial black sea bass quota, adding the state allocations to the Council’s Fishery Management Plan (FMP), and modifying the regulations for federal in-season closures. The Board adopted the new allocations through Addendum XXXIII to the Summer Flounder, Scup and Black Sea Bass FMP, while the Council recommended these changes through an amendment to its FMP. These actions address significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented under Amendment 13 in 2003 and also account for the historical dependence of the states on the black sea bass fishery. 

Under the approved changes, Connecticut’s baseline allocation will increase from 1% to 3% of the coastwide quota to address its disproportionally low allocation compared to the increased availability of black sea bass in state waters. The state allocations will then be calculated by allocating 75% of the coastwide quota according to the new baseline allocations (historical allocations modified to account for Connecticut’s increase to 3%) and 25% to three regions based on the most recent regional biomass distribution information from the stock assessment (see Table 1). The three regions are: 1) Maine-New York, 2) New Jersey, and 3) Delaware-North Carolina. The regional allocations will be distributed among states within a region in proportion to their baseline allocations, except Maine and New Hampshire will each receive 1% of the northern region quota. Because the allocations are based in part on the regional biomass distribution from the stock assessment, they will be adjusted if a new assessment indicates a change to the biomass distribution. The Board and Council committed to reevaluating the approved state allocation system within 5 years.

The Council and Board agreed to add the state allocations to the Council’s FMP. As a result, future modifications to the allocations will require a joint action of the Board and Council. Additionally, they approved a change to the federal regulations such that the entire black sea bass commercial fishery will close in-season for all federally permitted vessels and dealers once landings are projected to exceed the coastwide quota plus an additional buffer of up to 5%. The buffer aims to minimize negative economic impacts of coastwide closures on states that have not fully harvested their quotas. The Council and Board considered, but did not adopt, changes to the regulations for paybacks of state quota overages; states will only be required to pay back overages of their state quota if the coastwide quota is exceeded.

Table 1. Revised state allocation percentages of the black sea bass commercial quota based on the most recent regional biomass distribution information.

*These allocations are based on the results of the 2019 Operational Stock Assessment and will be updated if future assessments indicate a change to the biomass distribution.

Addendum XXXIII’s measures are final for state waters (0-3 miles from shore) and become effective January 1, 2022. The Council will submit their amendment to NOAA Fisheries for review, approval, and implementation.

Addendum XXXIII will be available on the Commission website, www.asmfc.org, on the black sea bass webpage by the end of February. Updates on the Council’s amendment will be posted at https://www.mafmc.org/actions/bsb-commercial-allocation.

Contacts

For more information, please contact either:

  • Julia Beaty, Mid-Atlantic Fishery Management Council, jbeaty@mafmc.org, 302.526.5250

  • Savannah Lewis, Atlantic States Marine Fisheries Commission, slewis@asmfc.org, 703.842.0715

MAFMC PRESS CONTACT: Mary Sabo, 302-518-1143

ASMFC PRESS CONTACT: Tina Berger, 703-842-0740

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