Fishermen Get Looser Nets in Northeast Flounder Rules
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 rules, boosting their flexibility while keeping fish populations safe. If you’re in the Northeastern fishing game, these updates could make your day-to-day a bit easier and more efficient.
Analyzed Economic Effects
7 provisions identified: 6 benefits, 1 costs, 0 mixed.
SMEP Area Expanded by 4,943 km²
The Small-Mesh Exemption Program (SMEP) area is moved about 5 miles west for the portion south of Long Island Sound, adding approximately 4,943 km² (1,441 nm²) of accessible waters to the SMEP (after excluding the deep-sea coral zone). The SMEP applies November 1 through April 30 and requires a valid LOA to participate.
SMEP Discard Threshold Raised to 25%
The average discard threshold that can trigger SMEP termination is increased from 10 percent to 25 percent of summer flounder catch per SMEP trip (by weight). If that threshold is exceeded, the Monitoring Committee will review SMEP discards before the Regional Administrator may terminate the exemption for the remainder of the season or the following season.
LOA Minimum Can Be Reduced to 1 Day
The Regional Administrator may specify a minimum SMEP Letter of Authorization (LOA) participation period between 1 and 7 days (previously a 7-day minimum). NMFS implemented paperless LOAs and integrated them on April 1, 2026 to enable faster LOA processing.
Possession Limits for Non‑Exempt Nets Remain Enforced
Owners/operators of otter trawl vessels with nets that do not meet minimum mesh requirements and that are not stowed in accordance with Sec. 648.108(e) may not retain 100 lb (45.4 kg) or more of summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or more from November 1 through April 30, unless the vessel is fishing under an exemption as specified in Sec. 648.108(b).
Flynet Definition Updated to Match Modern Gear
The regulatory definition of a 'flynet' is revised to remove seam-count and maximum-mesh-size requirements and instead require: (1) wings with mesh 8 inches (20.3 cm) or greater; (2) at least 280 inches (711.2 cm) of 8-inch (20.3 cm) mesh behind the sweep in the first body section; and (3) mesh that decreases toward the codend. Vessels using a flynet must document flynet use on their Vessel Trip Report (VTR) and may not have other nets smaller than 5.5 inches (14.0 cm) on board when using the exemption.
Flynet Termination Criterion Corrected to 1% Catch
The flynet exemption termination criterion 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 (replacing the prior regulatory language referencing 'discards'). Termination would be published in the Federal Register for the remainder of the calendar year.
Flynet Trips Will Use a VTR Gear Code
A flynet vessel trip reporting (VTR) code is implemented so trips taken under the flynet exemption can be identified more accurately on VTRs. This change aims to improve monitoring and decisionmaking about the flynet exemption.
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