(a) Moratorium (commercially) permitted vessels. The minimum size for scup is 9 inches (22.9 cm) TL for all vessels issued a moratorium permit under §648.4(a)(6). If such a vessel is also issued a charter and party boat permit and is carrying passengers for hire, or carrying more than three crew members if a charter boat, or more than five crew members if a party boat, then the minimum size specified in paragraph (b) of this section applies.

(b) Party/Charter permitted vessels and recreational fishery participants. The minimum size for scup is 9 inches (22.9 cm) total length for all vessels that do not have a scup moratorium permit, or for party and charter vessels that are issued a scup moratorium permit but are fishing with passengers for hire, or carrying more than three crew members if a charter boat, or more than five crew members if a party boat. However, possession of smaller scup harvested from state waters is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at §648.131 and abide by state regulations.

(c) The minimum size applies to whole fish or any part of a fish found in possession, e.g., fillets. These minimum sizes may be adjusted pursuant to the procedures in §648.122.

[76 FR 60635, Sept. 29, 2011, as amended at 78 FR 37480, June 21, 2013; 79 FR 38264, July 7, 2014; 84 FR 65703, Nov. 29, 2019]