Section 250-RICR-90-00-3.7 - Scup3.7.1RecreationalA. Private and rental: 1. Minimum size: Eleven inches (11").2. Season: May 1 through December 31.3. Possession limit: Thirty (30) fish per person per day.B. Licensed Party and Charter vessels: 1. Minimum size: Eleven inches (11").2. Season and possession limit:a. May 1 through August 31: Thirty (30) fish per person per day.b. September 1 through October 31: Forty (40) fish per person per day.c. November 1 through December 31: Thirty (30) fish per person per day.C. Shore:1. Minimum size: Nine and one half inches (9.5").2. Season: May 1 through December 31.3. Possession limit: Thirty (30) fish per person per day.3.7.2CommercialA. Minimum size: Nine inches (9")B. Season, quota and possession limit: 1. January 1 through April 30 (Federal Winter I) possession limit: Fifty thousand (50,000) pounds per vessel per day, decreasing to one thousand (1,000) pounds per vessel per day once eighty percent (80%) of the Federal Winter I coastwide scup quota has been harvested as determined by NOAA Fisheries2. May 1 through September 30: The State quota for this sub-period will be divided as follows:a. General category (gear types other than floating fish traps): Forty percent (40%). (1) Possession limit: Ten thousand (10,000) pounds per person and per vessel per week.b. Floating fish trap: Sixty percent (60%) (1) During years in which the Federal Winter I coastwide scup quota is exhausted prior to April 15, the floating fish trap quota will be available on April 15. During years in which the Federal Winter I coastwide scup quota is not exhausted prior to April 15, the floating fish trap quota will be available on May 1.(2) If the DEM estimates that the floating fish trap sector will not fully utilize its scup allocation prior to the end of the Summer-Fall sub-period, beginning on June 15, the DEM may transfer the floating fish trap sector allocation to the general category sector. DEM will consult with the floating fish trap operators or their designee prior to enacting any allocation transfer, and will maintain written correspondence in the form of a letter on file as proof of said consultation.(3) If the DEM estimates that the floating fish trap sector has a reasonable likelihood of utilizing its quota prior to the end of the sub-period, a portion of any unused allocation that was transferred to the general category sector may be transferred back to the floating fish trap sector. Any quota that was transferred from the general category sector to the floating fish trap sector shall not exceed the amount that may have been transferred from the floating fish trap sector to the general category sector.(4) Reporting: Floating fish trap operators shall report landings of scup to Standard Atlantic Fisheries Information System (SAFIS) every Monday, Wednesday, and Friday, of every week that the trap is in operation. If there is non-compliance with this reporting requirement, the floating fish trap operators will be notified and will default to the following program: (AA) April 15 through September 30: During those years in which the Federal Winter I coastwide scup quota is exhausted prior to April 15, the floating fish trap quota will be available on April 15. The possession limit will be twenty-five thousand (25,000) pounds per floating fish trap per day. Once ninety percent (90%) of the sub-period allocation is projected to be harvested, the possession limit will be five thousand (5,000) pounds per fish trap licensee per day until one hundred percent (100%) of the quota has been harvested.(BB) May 1 through September 30: During those years in which the Federal Winter I coastwide scup quota is not exhausted prior to April 15, the floating fish trap quota will be available on May 1. The possession limit will be twenty-five thousand (25,000) pounds per floating fish operator per day. Once ninety percent (90%) of the sub-period allocation is projected to be harvested, the possession limit will be five thousand (5,000) pounds per fish trap licensee per day until one hundred percent (100%) of the quota has been harvested.(CC) Floating fish trap operator: For purposes of this Section, a fish trap operator shall refer to a resident person or resident corporation currently issued a permit pursuant to R.I. Gen. Laws § 20-5-2. The maximum possession limit per floating fish trap licensee shall be the amount set forth above regardless of the number of authorized trap locations, the number of vessels or the number of licensed fishermen who may be working for or may enter into contract with the floating fish trap operator. While engaged in the operation of a fish trap, any licensed fisherman that may be working for or may enter into contract with the floating fish trap operator waives any individual right to possess scup pursuant to a possession limit set out in these Regulations.3. October 1 through December 31 (Federal Winter II): Two thousand (2,000) pounds per person or per vessel per day, decreasing to five hundred (500) pounds per person or per vessel per day once seventy percent (70%) of the Federal Winter II coastwide scup quota has been harvested as determined by NOAA Fisheries.C. Minimum mesh size - otter trawl: 1. Owners or operators of otter trawl vessels possessing greater than one thousand (1,000) pounds of scup from October 1 through April 14; or greater than two thousand (2,000) pounds of scup from April 15 through June 15; or greater than two hundred (200) pounds of scup from June 16 through September 30, may only fish with nets that have a minimum mesh size of five inches (5") diamond (inside measure) or square mesh with a minimum length of seventy-five (75) meshes from the terminus of the net. For nets with less than seventy-five (75) mesh cod ends, the entire net will be five inches (5") minimum size diamond or square mesh.2. Vessels possessing trawl devices while harvesting scup in excess of the possession limits specified herein may have nets onboard the vessel that have a mesh size less than the minimum size specified in the Regulations provided that the net is stowed and is not available for immediate use.D. Scup pot construction: 1. Pot limits: Each person utilizing pots in the scup fishery shall be authorized to deploy up to one hundred fifty (150) pots regardless of the number of licenses on board the vessel.2. Escape vents: All scup pots must be constructed with escape openings. Openings may be circular, rectangular, or square, and must be a minimum of three and one tenth inches (3 1/10") diameter, two and one quarter inches (2 1/4") by five and three quarter inches (5 3/4") if rectangular or may be constructed of two and one quarter inches (2 1/4") by two and one quarter inches (2 1/4") wire mesh. Escape vents must be attached with biodegradable fasteners which allow vents or panels to fall away from the trap after loss.250 R.I. Code R. 250-RICR-90-00-3.7
Amended effective 2/28/2019
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