(a) Annual catch limits. The Monitoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational scup fisheries, the sum total of which shall not exceed the ABC recommended by the SSC.
(1) Sector allocations. The commercial and recreational fishing sector ACLs will be based on the allocations defined in the Summer Flounder, Scup, and Black Sea Bass FMP.
(2) Periodicity. The scup commercial and recreational sector ACLs may be established on an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance relative to the sector ACLs at least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or any 2 consecutive years), the Monitoring Committee will review fishery performance information and consider whether changes to measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that the scup stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded but may be conducted in conjunction with such reviews.
[76 FR 60631, Sept. 29, 2011, as amended at 87 FR 68930, Nov. 17, 2022; 88 FR 14508, Mar. 9, 2023; 91 FR 22466, Apr. 27, 2026]
Notes of Decisions
Massachusetts Ex Rel. Div. of Marine Fisheries v. Daley, 170 F.3d 23 (1st Cir. 1999).
“The bite is in the provision of the regulation, 50 C.F.R. § 648.120 (d)(6), that subtracts the overage in one summer from the state’s quota in the following year (Massachusetts’ 1997 overage exceeded its 1998 and 1999 quota combined).”
New York v. Evans, 162 F. Supp. 2d 161 (E.D.N.Y 2001).
· cites it 2× “5375, 43,420; 50 C.F.R. §§ 648.120 (c), (d). The States Commission then adopted an identical plan as a scup CFMP (the “State Plan”).”
Com. of Mass. by Div. Of Marine Fisheries v. Daley, 10 F. Supp. 2d 74 (D. Mass. 1998).
“The rule amends a portion of the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries, 50 C.F.R. § 648.120 . Among other things, the amendment revises the method for allocating, among the states, the commercial quotas for summer scup fishing.”
Massachusetts ex rel. Div. of Marine Fisheries v. Daley, 10 F. Supp. 2d 74 (D. Mass. 1998).
“The rule amends a portion of the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries, 50 C.F.R. § 648.120 . Among other things, the amendment revises the method for allocating, among the states, the commercial quotas for summer scup fishing.”
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