SUPPLEMENTARY INFORMATION:

Regulations governing the summer flounder fishery are found at 50 CFR 648.100 through 648.111. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102.

The commercial quota for summer flounder for 2025 was set equal to 8,761,471 pounds (lb; 3,974,136 kilograms (kg)) (89 FR 99138, December 10, 2024). The amount allocated to vessels landing summer flounder in Massachusetts is 571,147 lb (259,068 kg). Massachusetts received a commercial summer flounder quota transfer of 23,702 lb (10,751 kg) (90 FR 45154, September 19, 2025), from North Carolina. Massachusetts transferred 609 lb (276 kg) (90 FR 46528, September 29, 2025) of commercial summer flounder quota to Rhode Island, resulting in a revised commercial summer flounder quota for Massachusetts of 594,240 lb (269,543 kg).

The NMFS Regional Administrator for the Greater Atlantic Region monitors the state commercial landings and determines when a state's commercial quota has been harvested. NMFS is required to publish notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the state's commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. Based on dealer reports and other available information, the Regional Administrator has determined that the available quota has been harvested. The Massachusetts Division of Marine Fisheries closed the state fishery on October 25, 2025, and this action promotes consistency between state and Federal management measures.

The regulations at 50 CFR 648.14(n) prohibit Federally permitted vessels from landing summer flounder for sale in a state, and prohibit all persons from purchasing or otherwise receiving ( printed page 50491) summer flounder for a commercial purpose after the effective date published in the Federal Register notification that commercial quota is no longer available in that state. Therefore, effective 0001 hours on November 7, 2025, landings of summer flounder in Massachusetts by vessels holding Federal summer flounder commercial fishery permits are prohibited for the remainder of the 2025 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register . Effective 0001 hours on November 7, 2025, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts for the remainder of the calendar year, or until additional quota becomes available through a transfer from another state.

Classification

This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866.

The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. This action closes the commercial summer flounder fishery for Massachusetts until January 1, 2026, under current regulations. The regulations at 50 CFR 648.103(b) require such action to ensure that summer flounder vessels do not exceed quotas allocated to the states. If implementation of this closure was delayed to solicit prior public comment, the quota for this fishing year will be exceeded, thereby undermining the conservation objectives of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. The Assistant Administrator further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reason stated above.

Authority: 16 U.S.C. 1801 et seq.