April 15, 2026 — The following was released by The Mid-Atlantic Fishery Management Council:
The Mid-Atlantic Fishery Management Council has expressed serious concern to the U.S. Department of Commerce and NOAA Fisheries regarding significant delays in the rulemaking process for the Recreational Measures Setting Process Framework. Despite the final framework being submitted over eight months ago, a proposed rule has yet to be published.
In a letter to Secretary Howard Lutnick and Assistant Administrator Eugenio Piñeiro Soler, the Council expressed serious concern that the delay threatens the implementation of the 2026 recreational management measures (bag, size, and season limits) for black sea bass and summer flounder.
Impacts on the 2026 Season
Without the framework in place, NOAA Fisheries has indicated it intends to enforce “non-preferred coastwide measures” instead of the state-tailored measures developed by the Council, Commission, and individual states. This would have several immediate consequences for the fishing community:
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The highly anticipated 20% liberalization for black sea bass will not be realized. The black sea bass stock has been increasing for many years and is currently more than double the target level. In December, the Council and Commission agreed to allow states to liberalize measures to achieve a 20% increase in expected harvest—the first such increase since 2012. This change would have expanded angler access, reduced regulatory discards, and supported for-hire businesses. However, these benefits will not be realized if the non-preferred coastwide measures are implemented.
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Measures in some states will be severely restricted. The non-preferred coastwide measures for both summer flounder and black sea bass are not tailored to individual state needs or regional differences. As such, the non-preferred measures for both species are much more restrictive than the recommended 2026 measures for multiple states.
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There will be widespread confusion among the recreational fishing public and increased non-compliance. Non-preferred coastwide measures have never been implemented for these species and are therefore largely unknown to the recreational fishing public. With the fishing season opening in less than three weeks in some states, imposing these measures will generate confusion, frustration, and non-compliance.
Proposed Solutions
The Council’s letter urges the Department of Commerce and NOAA Fisheries to approve the Recreational Measures Setting Process Framework and the 2026 recreational measures adopted through the Council, Commission, and state process as soon as possible. To avoid disrupting the upcoming season, the Council also requests that the agency consider expedited implementation methods, such as an interim final rule or emergency rulemaking.
The Council remains committed to working with its partners to resolve this delay and provide stability for the recreational fishing public.
The full text of the letter can be found here.