(a) Annual catch limits. The Monitoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational summer flounder fisheries, the sum total of which shall not exceed the ABC recommended by the SSC.
(1) Sector allocations. The commercial and recreational fishing sector ACLs will be established based on the allocations defined in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP).
(2) Periodicity. The summer flounder commercial and recreational sector ACLs may be established on an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance relative to the sector ACLs at least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or any 2 consecutive years), the Monitoring Committee will review fishery performance information and consider whether changes in measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the summer flounder stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded but may be conducted in conjunction with such reviews.
[76 FR 60626, Sept. 29, 2011, as amended at 87 FR 68929, Nov. 17, 2022; 88 FR 14507, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026]
Notes of Decisions
North Carolina Fisheries Ass'n, Inc. v. Daley, 27 F. Supp. 2d 650 (E.D. Va. 1998).
· cites it 9× “50 C.F.R. § 648.100 (a). In furtherance of these goals, the Secretary has established an annual quota for commercial summer flounder.”
North Carolina Fisheries Ass'n, Inc. v. Daley, 16 F. Supp. 2d 647 (E.D. Va. 1997).
· cites it 7× “50 C.F.R. § 648.100 (d)(1). NMFS is required by federal regulation to announce the proposed commercial quota for each year on October 15 of the previous year.”
Connecticut v. Daley, 53 F. Supp. 2d 147 (D. Conn. 1999).
· cites it 3× “16 The state-by-state quota system was later adjusted by Amendment 4, which revised the state specific quota shares set forth in 50 C.F.R. § 648.100 (d). See Record A10 at 338.”
United Boatmen v. Gutierrez, 429 F. Supp. 2d 543 (E.D.N.Y 2006).
· cites it 2× “See 50 C.F.R. § 648.100 . C. Standard for Granting Summary Judgment Summary judgment is granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact…”
North Carolina Fisheries Ass'n, Inc. v. Evans, 172 F. Supp. 2d 792 (E.D. Va. 2001).
· cites it 3× “50 C.F.R. § 648.100 (d)(2) (2000). During the summer flounder fishing season, NMFS monitors the commercial quota by reviewing the dealer transactions in the form of weekly summaries provided by the summer flounder dealers from each state.”
Nat. Resources Def. Council, Inc. v. Daley, 62 F. Supp. 2d 102 (D.D.C. 1999).
· cites it 4× “Pursuant to 50 C.F.R. § 648.100 and in response to amendments to the FMP adopted as a result of continued population declines, NMFS is required to implement measures for the fishing year to ensure that the target fishing mortality (F), as specified in the FMP, is not exceeded.”
Connecticut v. United States Dep't of Com., 204 F.3d 413 (2d Cir. 2000).
“See 50 C.F.R. § 648.100 (2000). Under this quota system, the amount that may be landed in any given state is based on the landings in that state from 1980 to 1989.”
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