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Part 40- Commercial Scup - Express Terms

Express Terms

Existing paragraph 40.5 (f) (1) is amended to read as follows:

(1) Trawls - Only nets that have a minimum [mesh] size of at least five inches diamond mesh, inside measure, for at least 75 continuous meshes forward of the terminus of the cod end, may be used in a directed trawl fishery for scup. For nets with cod ends (including an extension) less than 125 meshes, the entire trawl net shall have a minimum mesh size of five inches throughout the net. Any trawl vessel that has on board more than [the threshold amount established by the department within the periods of January 1st to April 30th, May 1st to October 30th and November 1st to December 31st consistent with those established through the FMP by NMFS] one thousand pounds of scup during the period of January 1 through April 14, two thousand pounds of scup during the period of April 15 through June 15, two hundred pounds of scup during the period of June 16 through September 30, and one thousand pounds of scup during the period of October 1 through December 31, will be presumed to be engaged in a directed fishery for scup.

Existing paragraph 40.5 (f) (2) is amended to read as follows:

(2) It is unlawful to have nets either in use or available for immediate use with mesh less than the required minimum sizes described in paragraph (1) of this subdivision if more than [the threshold amount established by the department within the periods January 1st to April 30th , May 1st to October 30th and November 1st to December 31st consistent with those established through the FMP by NMFS] the following limits for scup are possessed on any vessel at any time during the designated period: one thousand pounds of scup during the period of January 1 through April 14; two thousand pounds of scup during the period of April 15 through June 15; two hundred pounds of scup during the period of June 16 through September 30; and one thousand pounds of scup during the period of October 1 through December 31.

Existing paragraph 40.5 (f) (3) is amended to read as follows:

(3) It is unlawful to land more than [the threshold amount established by the department within the periods of January 1st to April 30th, May 1st to October 30th and November 1st to December 31st] one thousand pounds of scup during the period of January 1 through April 14, two thousand pounds of scup during the period of April 15 through June 15, two hundred pounds of scup during the period of June 16 through September 30, and one thousand pounds of scup during the period of October 1 through December 31, unless nets that have mesh less than the required minimum sizes described in paragraph (1) of this subdivision are not available for immediate use.