Bigger Nets Allowed for Summer Flounder Commercial Fishers
Published Date: 4/28/2026
Rule
Summary
Starting April 27, 2026, commercial summer flounder fishers get more freedom with their net sizes thanks to new rules that tweak mesh size exemptions. This change helps fishermen work smarter without breaking the bank, boosting their day-to-day fishing game in the Northeast. If you’re in the commercial fishing biz for summer flounder, scup, or black sea bass, these updates are made just for you!
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Analyzed Economic Effects
8 provisions identified: 8 benefits, 0 costs, 0 mixed.
SMEP Area Expanded by ~4,943 km²
Starting April 27, 2026, the Small-Mesh Exemption Program (SMEP) area is moved about 5 miles west for the portion south of Long Island Sound and adds approximately 4,943 km² (1,441 nm²) of accessible water to the SMEP area after excluding the deep-sea coral zone. If you hold a summer flounder commercial permit, this change lets you use SMEP exemptions in more waters to retain summer flounder while fishing other fisheries.
SMEP Discard Threshold Raised to 25%
The annual review criterion for SMEP is changed so the Regional Administrator will consider terminating SMEP only if SMEP trips discard an average of more than 25 percent of summer flounder catch per trip (by weight), up from the current 10 percent threshold. This reduces the chance of temporary SMEP closures when discards are at levels judged normal for the fishery.
SMEP Termination Can Apply Next Season
The Regional Administrator may now terminate the SMEP for either the remainder of the current SMEP season or for the following SMEP season, rather than only for the current season. The Monitoring Committee will coordinate or conduct a review before a termination decision is made.
LOA Minimum Period Can Be Shortened (1–7 days)
The rule allows the Regional Administrator to set the minimum Letter of Authorization (LOA) participation period between 1 and 7 days to accommodate paperless LOAs. Regional NMFS implemented paperless LOAs on April 1, 2026. This change lets you get SMEP authorization for as little as a single day when the Regional Administrator specifies it.
Flynet Definition Modernized (8 in mesh, 280 in belly)
The regulatory definition of a ‘‘flynet’’ is changed to remove seam-count and maximum mesh-size requirements and instead define it as an otter trawl with: (1) wing mesh of 8 inches (≈20.3 cm) or greater; (2) at least 280 inches (≈711.2 cm) of mesh behind the sweep in the first belly section with mesh at least 8 inches (≈20.3 cm); and (3) mesh that decreases in size toward the codend. If you use flynet gear, this aligns the rule with modern net configurations in the region.
Flynet Termination Criterion Corrected to 'Catch' 1%
The flynet exemption termination test is corrected so the Regional Administrator may terminate the exemption if the annual average summer flounder catch exceeds 1 percent of the annual average total catch from all vessels fishing under the exemption. The rule replaces the previous regulatory wording that referenced 'discards' instead of 'catch.'
Flynet Trips Now Tracked with a VTR Code
A flynet vessel-trip-reporting (VTR) code will be used so trips taken under the flynet exemption can be more accurately identified in reports. This helps monitoring and decisionmaking about the exemption.
Rule Effective Immediately (No 30-Day Delay)
NMFS made this rule effective on April 27, 2026, immediately implementing the exemptions and administrative changes without the usual 30-day delay because the rule relieves restrictions on fishery participants and provides good cause for immediate implementation.
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