Summer Flounder, Scup, and Black Sea Bass Draft Addendum XXXVII

Commercial Quota Period Overage Payback Provisions

Topics

Overview

Topics

In August 2026, the Summer Flounder, Scup, and Black Sea Bass Management Board (Board) initiated Draft Addendum XXXVII to consider whether quota period overages should be forgiven in years where the annual commercial scup quota is not exceeded.

The commercial scup fishing year is divided into three quota periods: Winter I (January–April), Summer (May–September), and Winter II (October–December). Under the current payback provisions, if a quota period is exceeded, the amount of the overage must be deducted from the corresponding quota period in the following year.

In 2026, unusually rapid landings, combined with data management challenges, resulted in a 23% overage of the Winter I quota and an early fishery closure. Under the existing provisions, this overage must be deducted from the 2027 Winter I quota. Fishery participants have raised concerns that, if the 2026 annual commercial scup quota is not exceeded, requiring repayment of the Winter I overage could impose an unnecessary economic burden on the commercial industry without providing a meaningful conservation benefit to the scup stock.

Draft Addendum XXXVII consider options to waive repayment of a quota period overage when the annual commercial scup quota is not exceeded in the same year. The intent is to maintain the annual quota as the overall constraint on harvest while providing greater flexibility to distribute landings among quota periods. This approach would preserve harvest opportunities across the fishing year without increasing total annual commercial harvest.

The Draft Addendum is intended to complement the Mid-Atlantic Fishery Management Council’s Commercial Scup Winter I Framework Adjustment, which was approved in August 2026 for review and final action by the Greater Atlantic Regional Fisheries Office Regional Administrator. Together, the actions address both the management of Winter I harvest and the consequences of quota period overages when total annual harvest remains within the commercial scup quota. 

Phase

Status

August 2026: Board imitated Draft Addendum XXXVII

Development of Draft Addendum document for Board consideration for public comment

Board considers approval of Draft Addendum XXXVII for Public Comment

Draft Addendum XXXVII Public Comment Period, including Public Hearings

Board considers final approval of Addendum XXXVII

State Implementation of Addendum XXXVII

Contacts

  • Chelsea Tuohy, Fishery Management Plan Coordinator, ctuohy@asmfc.org or 703.842.0740

Action Development Timeline & Documents

August 2026

Board met jointly with the Council. The Council took final action on the Scup Commercial Winter I Framework and the Board initiated Draft Addendum XXXVII.

Next Steps

The Board will meet at the Commission’s Annual Meeting (November 2026) to consider approving Draft Addendum XXXVII for public comment.