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.
(a) Except for a person landing less than a total of 500 pounds of scup from November 1 through April 30 or 100 pounds of scup from May 1 through October 31, a person may not use a trawl with:
(i) Mesh less than 5 inch stretched mesh size;
(ii) More than 25 meshes in the codend with more than 100 continuous meshes of 5 inch mesh forward of the codend; or
(iii) Mesh size less than 5 inches throughout the trawl net for trawl nets with codends less than 125 meshes.
(b) A person may not use a roller rig trawl with a roller diameter in excess of 18 inches to catch scup.
(2) 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.
(1) The Secretary may modify or set a season or catch limit by publishing notice in a daily newspaper of general circulation at least 48 hours in advance of the modification, stating the effective hour and date.
(2) 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.