2026-08205RuleWallet

New Rules Tweak Flounder Fishing Limits in the Northeast Waters

Published Date: 4/28/2026

Rule

Summary

Starting April 28, 2026, new rules change how recreational fishing limits are set for summer flounder, scup, black sea bass, and bluefish in the Northeast. These updates affect anglers by tweaking management and accountability measures to keep fish populations healthy. You’ve got until May 28, 2026, to share your thoughts on these changes.

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Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

New Recreational Measures Process Begins

Starting April 28, 2026, NOAA is implementing a revised Recreational Measures Setting (RMS) Process that changes how bag, size, and season limits are set for summer flounder, scup, black sea bass, and bluefish. The new process uses a modified Percent Change Approach to set targets based on predicted harvest or catch and stock biomass so managers can adjust measures with more stability and predictability.

Two-Phase Targeting: Harvest Now, Catch Later

The RMS Process will operate in two phases: Phase 1 (immediately effective) sets Recreational Harvest Targets (RHT) using recreational harvest (landings) and the RHL, while Phase 2 (effective for the 2030 specifications cycle and beyond) will set Recreational Catch Targets (RCT) using total dead catch and the recreational ACT. Phase 2 shifts the focus from landed harvest to total dead catch starting with the 2030 specifications cycle.

Revised Accountability and Payback Rules

The rule revises recreational accountability measures (AMs): if the most recent 3-year average recreational ACL is exceeded and biomass is below 50% of BMSY or the stock is under rebuilding, a pound-for-pound payback (deduction in pounds from the recreational ACT) is required. If biomass is above 50% of BMSY, AMs depend on fishing mortality; when a scaled payback is used the payback coefficient equals (BMSY - B) divided by one-half of BMSY.

Conservation Equivalency and Default Measures

The Atlantic States Marine Fisheries Commission (ASMFC) will review conservation equivalency proposals and provide NMFS with approved State or multi-State measures; if a State proposal is disapproved, ASMFC may recommend precautionary default measures. At ASMFC request, those precautionary default measures could apply to federally permitted party/charter vessels and other recreational vessels harvesting summer flounder in or from the EEZ when landing in a State with unapproved measures.

Immediate Effect Prevents Restrictive Defaults in May 2026

Making this rule effective April 28, 2026 allows NOAA to set 2026-2027 recreational measures consistent with Framework 19 before the 2026 seasons begin. Without immediate effect, default coastwide measures would have remained in place, delaying state conservation equivalency and potentially causing earlier openings to be closed or more restrictive Federal measures to apply. The rule cites that southern black sea bass seasons (e.g., Maryland and Delaware) open May 1, 2026, Massachusetts is anticipated to open May 17, 2026, and the default coastwide measures would open May 15, 2026; it also notes Federal waters minimum size for black sea bass would be 2.5 inches longer with a bag limit of 10 fewer fish than some states' waters under the coastwide default.

Bluefish Transition Delayed Until 2028

Bluefish will remain managed under its rebuilding plan and will not move to Phase 1 of the RMS Process until 2028; bluefish will join Phase 2 with the other species in 2030. The rule notes bluefish is under a rebuilding plan and is estimated to be rebuilt in 2028.

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Key Dates

Published Date
Rule Effective
Comments Due
4/28/2026
4/28/2026
5/28/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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