Sec. 08.02.05.22. Scup

A. Minimum Size.

(1) Recreational. A recreational angler may not catch or possess a scup less than 8 inches in total length.

(2) Commercial. A commercial tidal fish licensee may not catch or possess scup less than 9 inches in total length.

B. Commercial Gear Restrictions.

(1) Except as provided in §B(2) of this regulation, a person may not use a trawl with mesh less than 5 inch diamond mesh applied throughout the:

(a) Codend for at least 75 continuous meshes forward of the end of the net; or

(b) Entire net for codends with less than 75 meshes.

(2) A trawl shall meet the requirements specified in §B(1) of this regulation unless the individual:

(a) Possesses less than:

(i) 1,000 pounds of scup per trip during the period October 1 through April 14;

(ii) 2,000 pounds of scup per trip during the period April 15 through June 15; or

(iii) 200 pounds of scup per trip during the period June 16 through September 30; and

(b) Stores the scup separately from all other species.

(3) A person may not use a roller rig trawl with a roller diameter in excess of 18 inches to catch scup.

(4) Pots and Traps. A pot or trap used to catch scup shall have:

(a) An escape vent of at least a:

(i) 3.1 inch diameter round opening; or

(ii) 2.25 inch square opening; and

(b) Hinges or fasteners on one panel or door made of one of the following degradable materials:

(i) Untreated hemp or jute string of 3/16 inch in diameter or smaller;

(ii) Magnesium alloy fasteners; or

(iii) Ungalvanized or uncoated iron wire of 0.062 inch in diameter or smaller.

C. Catch Limits.

(1) Commercial Catch Limits. A coastwide quota and daily catch limit to be shared by Atlantic states will be established and published by National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission.

(2) A commercial tidal fish licensee may not catch, possess, or land more pounds of scup daily than as set forth in §C(1) of this regulation.

(3) Recreational Catch Limits. An individual may not catch or possess more than 50 scup per day.

D. General.

(1) The Secretary may establish or modify a season, size limit, or catch limit in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Scup by issuing a public notice on the Department’s website.

(2) The public notice shall state its effective hour and date and shall be published on the Department’s website at least 48 hours in advance of the effective hour and date.

(3) The Secretary shall make reasonable effort to disseminate public notice through various other media so that an affected person has reasonable opportunity to be informed.

(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.