This action implements three modifications to the existing summer flounder minimum mesh size exemptions, as recommended by the Mid-Atlantic Fishery Management Council and adopted by the Atlantic States Marine Fisheries Commission. These modifications include: (1) Expanding the geographical area of the small-mesh exemption program (SMEP: Figure 1)); (2) revising the annual evaluation process for the SMEP; and, (3) revising the definition of a flynet within the summer flounder regulations.

This action also implements three administrative changes to the minimum mesh size exemptions: (1) Reduces the minimum enrollment period for the SMEP Letter of Authorization (LOA) from 7 days to 1 day to provide added flexibility to the industry; (2) implements the use of a flynet vessel trip report (VTR) gear code for ease of tracking fishing activity under the flynet exemption; and, (3) revises the criterion used to evaluate termination of the flynet exemption to align with the original fishery management plan amendment and its intent. Additional details on the SMEP area, minimum LOA period, and flynet gear code can be found below:

Please note that the current SMEP season ends on April 30, 2026.

Reduced Minimum Letter of Authorization Period

The minimum Summer Flounder SMEP Letter of Authorization (LOA) enrollment period has been reduced from 7 days to 1 day. On March 31, 2026, GARFO launched a new, fully-electronic, self-service pilot program for the Summer Flounder SMEP program. Permit holders may use the Fish Online portal to manage their participation (i.e., enrollment, withdrawal, cancellation) and may now enroll for a minimum period of 1 day. Further details on this program may be found on NOAA's website. Upon implementation of this rule, 2025 Summer Flounder SMEP LOAs will be cancelled for all participants and immediately reissued with the updated Summer Flounder SMEP requirements.

Flynet Gear Code for VTRs

When submitting VTRs through GARFO's Fish Online eVTR application, flynet operators should now select "FLY - OTTER TRAWL, BOTTOM, FLYNET" from the gear code drop-down list. Flynet operators using ACCSP's eTrips application should select "FLY NET" from the gear code drop-down list.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.