50 CFR § 648.120 - Scup Annual Catch Limit (ACL).

---
identifier: "/us/cfr/t50/s648.120"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 648.120 - Scup Annual Catch Limit (ACL)."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "648.120"
section_name: "Scup Annual Catch Limit (ACL)."
chapter_name: "FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
part_number: "648"
part_name: "FISHERIES OF THE NORTHEASTERN UNITED STATES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1801"
regulatory_source: "61 FR 34968, July 3, 1996, unless otherwise noted."
cfr_part: "648"
---


# 648.120 Scup Annual Catch Limit (ACL).

(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 be equal to 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]