Final Rule to Implement the Summer Flounder Commercial Issues Amendment 21 to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan

NOAA Fisheries is implementing Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), also known as the Summer Flounder Commercial Issues Amendment. Amendment 21 changes the state allocation system for the commercial summer flounder fishery and updates the FMP objectives for summer flounder. 

In March 2019, the Mid Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Board approved Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass FMP. We approved Amendment 21 on October 19, 2020, and this final rule implements the proposed changes.

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. In years when the coastwide quota exceeds 9.55 million lb, the first 9.55 million lb will be distributed based on the existing allocations. The additional quota, above 9.55 million lb, will be distributed in equal shares to all states, except Maine, Delaware, and New Hampshire, which would split 1 percent of the additional quota (Table 1). The total percentage allocated annually to each state will depend on how much additional quota beyond 9.55 million pounds, if any, is available in any given year.

The new allocation formula will be used to set the 2021 state-by-state summer flounder quotas.  NOAA Fisheries expects to publish the final rule for the revised 2021 specifications prior to the start of the fishing year (January 1). The final 2021 allocations will take into account any 2019 or 2020 overages through October 31, 2020.

Table 1: Revised State Quota Allocations

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