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Mid-Atlantic Fishery Management Council 800 North State Street, Suite 201, Dover, DE 19901-3910 Phone: 302-674-2331 ǀ FAX: 302-674-5399 ǀ www.mafmc.org Richard B. Robins, Jr., Chairman ǀ Lee G. Anderson, Vice Chairman Christopher M. Moore, Ph.D., Executive Director M E M O R A N D U M Date: July 28, 2016 To: Council From: Julia Beaty Subject: Scup 2017 & 2018 Specifications Review The following materials are provided for the Council and Board s review of previously implemented 2017 and 2018 scup specifications. The July 29 Advisory Panel webinar summary, once finalized, will be posted to the Council s website as a supplemental document for the August briefing materials. Please note that some materials are behind the summer flounder specifications tab (Tab 5). 1) Monitoring Committee recommendations for scup 2) July 2016 Scientific and Statistical Committee meeting report (behind Tab 5) 3) Staff memo on 2017-2018 scup specifications 4) Scup Data Update for 2016 5) Advisory Panel Fishery Performance Report for summer flounder, scup, and black sea bass and additional written comments for all three species received through July 26, 2016 (behind Tab 5) 6) 2016 Scup Fishery Information Document Page 1 of 1

Summer Flounder, Scup, and Black Sea Bass Monitoring Committee Webinar Meeting Summary - Scup July 25, 2016 Monitoring Committee Attendees: Mike Bednarski (MA DMF), Jason McNamee (RI DFW), Peter Clarke (NJ F&W), Greg Wojcik (CT DEEP), Katie May Laumann (VMRC), Steve Doctor (MD DNR), Rich Wong (DE DFW), John Maniscalco (NY DEC), T.D. VanMiddlesworth (NC DMF), Kiley Dancy (Council staff), Julia Beaty (Council staff), Kirby Rootes-Murdy (ASMFC staff), Wilson Laney (USFW) Additional Attendees: Liz Scheimer (NMFS GARFO), Nichola Meserve (MA DMF), Douglas Christel (MA DMF), Greg DiDomenico (Garden State Seafood Association), Katie Almeida (Town Dock), Mike Ruccio (NMFS GARFO) General Comments The Monitoring Committee does not currently have any formal control rules for the recommendation of Annual Catch Targets (ACTs). The Committee recognizes the need to develop ACT control rules or guidelines for addressing management uncertainty in the future, which would be applicable to all three species. The Monitoring Committee will continue to pursue additional analyses requested by the Council and Board in December 2015 related to the review of commercial measures conducted last fall (i.e., review of the feasibility of a common minimum mesh size, summarization of past gear studies, and scup-specific measures as discussed below). Scup Comments and Recommendations For the past five years the recreational and commercial scup fisheries have under-harvested their landings limits by 20-51%. The ABCs began to decline in 2012 and continue to do so through 2018. If recent fishery performance continues, landings may begin reaching quota limits by 2018. The Monitoring Committee noted that given increasing landings over the past several years, as well as high estimates of recruitment indicating a large 2015 year class, an assessment update in 2017 could be beneficial by way of producing more up to date information on current stock status and population size for scup. This could potentially mitigate issues created by the decreasing ABC and possibly increasing population size. The commercial landings monitoring and fishery closure system is timely and successful in managing the landings. States should continue to be diligent in managing their state quotas to ensure that large overages do not occur. The Committee agreed with the staff recommendation that no changes be made to the implemented management measures, including the 2017 and 2018 ACTs (Table 1), commercial minimum fish size (9- inch total length), gear requirements, and possession limits. The Monitoring Committee will evaluate the timing of the seasonal commercial quota periods, as requested by the Council and Board in December 2015. The Monitoring Committee discussed ideas for analyzing the biological and economic impacts of modifying the quota period dates. Any changes to the quota period dates would require a framework or amendment. 1

Table 1: Currently implemented scup catch and landings limits for 2016-2018. The SSC and Monitoring Committee recommend no changes to the implemented measures for 2017-2018. Numbers may not add precisely due to unit conversions and rounding. Management 2016 (current) 2017 2018 Measure mil lb mt mil lb mt mil lb mt Basis for 2016-2018 Recs. OFL 35.80 16,238 32.09 14,556 29.68 13,464 Stock assessment projections ABC 31.11 14,110 28.40 12,881 27.05 12,270 Stock assessment projections/ Council risk policy/ssc recommendations ABC landings portion 26.56 12,047 23.88 10,832 22.55 10,227 Stock assessment projections ABC discards portion 4.55 2,063 4.52 2,049 4.50 2,043 Stock assessment projections Commercial ACL 24.26 11,006 22.15 10,047 21.10 9,571 78% of ABC (per FMP allocation) Commercial ACT Projected commercial discards Commercial quota Recreational ACL Recreational ACT Projected recreational discards Recreational harvest limit 24.26 11,006 22.15 10,047 21.10 9,571 3.80 1,721 3.77 1,710 3.76 1,705 Monitoring Committee recommendation; no deduction from ACL for management uncertainty 83.4% of the ABC discards portion (the average percentage of dead discards attributable to the commercial fishery from 2012-2014) 20.47 9,284 18.38 8,337 17.34 7,866 Commercial ACT minus discards 6.84 3,104 6.25 2,834 5.95 2,699 22% of ABC (per FMP allocation) 6.84 3,104 6.25 2,834 5.95 2,699 0.75 342 0.75 339 0.75 338 Monitoring Committee recommendation; no deduction from ACL for management uncertainty 16.6% of the ABC discards portion (the average percentage of dead discards attributable to the recreational fishery from 2012-2014) 6.09 2,763 5.50 2,495 5.21 2,361 Recreational ACT minus discards 2

Mid-Atlantic Fishery Management Council 800 North State Street, Suite 201, Dover, DE 19901-3910 Phone: 302-674-2331 ǀ Toll Free: 877-446-2362 ǀ FAX: 302-674-5399 ǀ www.mafmc.org Richard B. Robins, Jr., Chairman ǀ Lee G. Anderson, Vice Chairman Christopher M. Moore, Ph.D., Executive Director M E M O R A N D U M DATE: July 7, 2016 TO: Chris Moore, Executive Director FROM: Julia Beaty and Kiley Dancy, Staff SUBJECT: Review of 2017-2018 Scup Management Measures Executive Summary The Mid-Atlantic Fishery Management Council (Council) set multi-year specifications for scup in 2015, establishing catch and landings limits for the 2016-2018 fishing years. The Council and the Atlantic States Marine Fisheries Commission s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) will review the 2017 scup management measures during their joint meeting in August 2016. These measures may remain unchanged if the Scientific and Statistical Committee (SSC) determines that the previously recommended Acceptable Biological Catch (ABC) for 2017 (28.40 million pounds; 12,881 metric tons) is still appropriate and if the Council and Board recommend no changes to the previously implemented catch and landings limits. The Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will also review recent fishery performance and make a recommendation to the Council and Board regarding any necessary modifications to the previously implemented 2017 Annual Catch Targets (ACTs) and commercial management measures (e.g., possession limits, quota period provisions, gear restrictions, and minimum fish size). The most recent benchmark stock assessment for scup was peer-reviewed and accepted by the Stock Assessment Review Committee (SARC) in June 2015. The assessment indicated that the scup stock was not overfished and overfishing was not occurring in 2014. The assessment model estimated a spawning stock biomass (SSB) of 403.27 million pounds (182,915 mt) in 2014. This is more than double the biomass at maximum sustainable yield (SSBMSY proxy = SSB40% = 192.47 million pounds = 87,302 mt). The fishing mortality rate on fully selected age 3 scup was 0.127 in 2014. This is 42% lower than the fishing mortality threshold reference point of 0.220 (FMSY proxy=f40%; NEFSC 2015). The Northeast Fisheries Science Center (NEFSC) provided a data update on scup fishery catch, landings, and discards, as well as NEFSC and state survey catches through 2015. This information indicates that scup biomass continues to be high, relative exploitation ratios remain low, and the 2015 year class appears to be large. Reported 2015 landings in the commercial fishery were 17.03 million pounds (7,725 mt), about 80% of the 2015 commercial quota (21.24 million pounds, 9,632 mt). Estimated 2015 landings in the recreational fishery were 5.06 million pounds (2,295 mt), about 70% of the recreational harvest limit (7.25 million pounds, 3,288 mt). Total commercial and recreational landings in 2015 were 22.09 million pounds (10,020 mt). Total commercial and recreational discards were 4.41 million pounds (2,000 mt). Total catch in 2015 was about 26.50 million pounds (12,020 mt), about 79% of the 2015 ABC (NEFSC 2016). Page 1

Staff recommend maintaining the previously adopted 2017 ABC of 28.40 million pounds as the basis for scup management measures in 2017. This ABC results in a commercial Annual Catch Limit (ACL) of 22.15 million pounds (10,047 mt) and a recreational ACL of 6.25 million pounds (2,834 mt). In 2015 the Monitoring Committee recommended no reduction from the commercial and recreational ACLs to account for management uncertainty; therefore, both the commercial and recreational ACTs were set equal to their respective ACLs for 2017. The previously implemented 2017 scup commercial quota is 18.38 million pounds (8,337 mt) and the recreational harvest limit is 5.50 million pounds (2,495 mt; Table 1). In 2015 the Monitoring Committee carried out a thorough review of the commercial management measures for the summer flounder, scup, and black sea bass fisheries which may be modified through the annual specifications process (MAFMC 2015B). The Council reviewed the Monitoring Committee s recommendations and Advisory Panel input in December 2015 and voted to increase the scup incidental possession limit for federally-permitted trawl vessels during November April from 500 to 1,000 pounds. No new analysis of commercial scup management measures has been completed since late 2015; therefore, staff recommend no changes to the commercial management measures for the scup fishery at this time. Page 2

Table 1: Currently implemented catch and landings limits for scup for 2016-2018. Management Measure 2016 2017 2018 mil lb mt mil lb mt mil lb mt OFL 35.80 16,238 32.09 14,556 29.70 13,464 ABC 31.11 14,110 28.40 12,881 27.10 12,270 ABC landings portion ABC discards portion 26.56 12,047 23.88 10,832 22.60 10,227 4.55 2,063 4.52 2,049 4.50 2,043 Basis Stock assessment projections. Stock assessment projections and Council risk policy. Stock assessment projections. Stock assessment projections. Commercial ACL 24.26 11,006 22.15 10,047 21.10 9,571 78% of ABC (per FMP). Commercial ACT 24.26 11,006 22.15 10,047 21.10 9,571 Projected commercial discards Commercial quota Recreational ACL Recreational ACT Projected recreational discards Recreational harvest limit 3.80 1,721 3.77 1,710 3.76 1,705 20.47 9,284 18.38 8,337 17.30 7,866 Set equal to commercial ACL as per Monitoring Committee recommendation. 83.4% of the ABC discards portion (the average percentage of dead discards attributable to the commercial fishery from 2012-2014). Commercial ACT minus discards. 6.84 3,104 6.25 2,834 5.95 2,699 22% of ABC (per FMP). 6.84 3,104 6.25 2,834 5.95 2,699 0.75 342 0.75 339 0.75 338 6.09 2,763 5.50 2,495 5.21 2,361 Set equal to recreational ACL as per Monitoring Committee recommendation. 16.6% of the ABC discards portion (the average percentage of dead discards attributable to the recreational fishery from 2012-2014). Recreational ACT minus discards. Page 3

Introduction The Magnuson-Stevens Act (MSA) requires that the Council s SSC provide ongoing scientific advice for fishery management decisions, including recommendations for ABC, prevention of overfishing, and achieving maximum sustainable yield (MSY). The SSC must recommended ABCs that addresses scientific uncertainty. The MSA mandates that the Council's catch limit recommendations for the upcoming fishing year(s) cannot exceed the ABC recommended by the SSC. The Council s Monitoring Committees are responsible for developing recommendations for management measures designed to achieve the ABCs recommended by the SSC. Specifically, the Monitoring Committee must recommend ACTs that are equal to or less than the ACLs to address management uncertainty, and must also recommend management measures designed to achieve these ACTs. Summer flounder, scup, and black sea bass are cooperatively managed by the Council and the Atlantic States Marine Fisheries Commission (the Commission) under a joint Fishery Management Plan (FMP). The Commission s Summer Flounder, Scup, and Black Sea Bass Management Board and the Council meet jointly to consider the recommendations of the SSC and Monitoring Committee before deciding on proposed scup catch limits and other scup management measures. The Council and Board may set multiyear specifications for scup for up to three years at a time. The Council and Board submit their scup management recommendations to the National Marine Fisheries Service (NMFS), which is responsible for implementation and enforcement of federal fisheries regulations. This memorandum includes information to assist the SSC and Monitoring Committee in reviewing their recommendations for 2017 management measures for the scup fishery, which were developed in 2015. Additional information about fishery performance and past management measures can be found in the 2016 Scup Fishery Information Document prepared by Council staff (MAFMC 2016A) and the 2015 Summer Flounder, Scup, and Black Sea Bass Fishery Performance Report developed by the Council and Commission Advisory Panels (MAFMC 2016B). Recent Catch and Landings Reported 2015 landings in the commercial scup fishery were 17.03 million pounds (7,725 mt), about 80% of the 2015 commercial quota (21.24 million pounds, 9,632 mt). Estimated 2015 landings in the recreational fishery were 5.060 million pounds (2,295 mt), about 70% of the recreational harvest limit (7.249 million pounds, 3,288 mt). Total commercial and recreational landings in 2015 were 22.090 million pounds (10,020 mt). Total commercial and recreational discards were 4.409 million pounds (2,000 mt). Total catch in 2015 was about 26.500 million pounds (12,020 mt), about 79% of the 2015 ABC (NEFSC 2016). The scup commercial quota is allocated among three quota periods: Winter I (January 1 April 30), Summer (May 1 October 31), and Winter II (November 1 December 31). About 64% of the 2016 Winter I commercial scup quota was landed. As of the week ending June 25, 2016, 30% of the Summer commercial scup quota had been landed (Table 2). Page 4

Table 2: The amount of scup landed in the commercial fishery during the Winter I and Summer quota periods (as of the week ending June 25, 2015), according to NMFS weekly landings reports. The Winter I quota is a coast-wide quota. The Summer period quota is allocated among states by the Atlantic States Marine Fisheries Commission. State Winter I Landings (pounds) January 1 April 30, 2016 Summer Landings (pounds) May 1 June 25, 2016 Maine 0 0 New Hampshire 0 0 Massachusetts 251,252 462,317 Rhode Island 1,368,717 1,167,793 Connecticut 462,859 117,669 New York 1,575,409 599,565 New Jersey 1,792,798 6,353 Delaware 2 1 Maryland 37,500 2 Virginia 283,622 16,180 North Carolina 101,610 9 Other 0 0 Total landings 5,873,769 2,369,889 Quota 9,232,987 7,972,176 Source: NMFS Weekly Quota Report for week ending June 25, 2016. Currently Implemented 2016-2018 ABCs The Council and Board set scup specifications for the 2016-2018 fishing years in 2015 based on the SSC s ABC recommendations. The SSC used the Council s risk policy to derive their 2016-2018 ABC recommendations from OFL projections provided with the 2015 benchmark stock assessment. The SSC used OFL projections which assumed that 75% of the 2015 ABC would be caught and that F in 2016 and 2017 would be 0.22 (FMSY). The SSC assigned a 60% coefficient of variation (CV) to the OFL, which is double the CV recommended by the SARC, but below the CV of 100% typically used by the SSC for species of this assessment level. The SSC used a probability of overfishing (p*) of 40% to derive the 2016-2018 ABCs, based on the Council s risk policy for a species with a typical life history. Page 5

Table 3: OFL, ABC, F, and SSB based on projections from the 2015 benchmark scup stock assessment (NEFSC 2015) and the SSC s application of the Council s risk policy (p*=40%) and an OFL CV of 60%. The ABC catch level shown for 2015 is 75% of the 2015 ABC. Projected catch, landings, discards, and SSB for 2016-2018 were calculated based on the assumption that 75% of the ABC will be caught in 2015. Year OFL ABC Catch ABC Landings ABC Discards SSB F mil lb mt mil lb mt mil lb mt mil lb mt mil lb mt 2015 25.33 11,490 25.33 11,490 22.17 10,058 3.16 1,432 0.143 413.32 187,477 2016 35.80 16,238 31.11 14,110 26.56 12,047 4.56 2,067 0.189 376.69 170,862 2017 32.09 14,556 28.40 12,881 23.88 10,832 4.52 2,049 0.189 346.00 156,946 2018 29.70 13,464 27.05 12,270 22.54 10,227 4.50 2,043 0.192 320.90 145,560 The SSC considered the following to be the most significant sources of uncertainty in the 2015 benchmark assessment (MAFMC 2015A): While older age Scup (age 3+) are represented in the catch used in the assessment model, most indices used in the model do not include ages 3+. As a result, the dynamics of the older ages of scup are driven principally by catches and inferences regarding year class strength. Uncertainty exists with respect to the estimate of natural mortality used in the assessment. Uncertainty exists as to whether the MSY proxies (SSB40%, F40%) selected and their precisions are appropriate for this stock. The SSC assumed that OFL has a lognormal distribution with a 60% CV, based on a metaanalysis of survey and statistical catch at age model accuracies. Survey indices are particularly sensitive to scup availability, which results in high inter-annual variability. Efforts were made to address this question in the Stock Assessment Workshop and Stock Assessment Review Committee (SAW/SARC) that should be continued; and The projection on which the ABC was determined is based on an assumption that the quotas would be landed in 2016, 2017, and 2018. Stock Status and Biological Reference Points Biological reference points estimated by the 2015 benchmark scup stock assessment include (NEFSC 2015): A biomass reference point of SSB MSY proxy = SSB40% = 192.47 million pounds (87,302 mt) A minimum biomass threshold of ½ SSB MSY proxy = ½ SSB40% = 96.23 million pounds (43,651 mt) A fishing mortality reference point of FMSY proxy = F40% = 0.220. According to the 2015 benchmark scup stock assessment, the scup stock was not overfished and overfishing was not occurring in 2014. The assessment model estimated an SSB of 403.27 million pounds (182,915 mt) in 2014. This is more than double the biomass at MSY (SSBMSY proxy = SSB40% = 192.47 million pounds = 87,302 mt). The fishing mortality rate on fully selected age 3 scup was 0.127 in 2014. This is 42% lower than the fishing mortality threshold reference point of 0.220 (FMSY proxy=f40%). Page 6

The average recruitment from 1984 to 2014 was 109 million age 0 scup. The 2014 year class was estimated to be about 112 million fish (NEFSC 2015). Catch and survey data through 2015 indicate that scup SSB remains high, relative exploitation ratios remain low, and the 2015 year class appears to be large (NEFSC 2016). Other Management Measures Recreational and Commercial Annual Catch Limits The ABC is divided into a commercial ACL and a recreational ACL (Figure 1). As specified in the Summer Flounder, Scup, and Black Sea Bass FMP, the commercial scup ACL is 78% of the ABC and the recreational ACL is 22% of the ABC. The ACLs include both landings and discards. Staff recommend no changes to the previously implemented 2017 commercial ACL of 22.15 million pounds (10,047 mt) and recreational ACL of 6.25 million pounds (2,834 mt). Annual Catch Targets The Monitoring Committee is responsible for recommending ACTs for the Council and Board s consideration. The ACTs may either be equal to the ACLs or reduced from the ACLs to account for management uncertainty. The Monitoring Committee should consider all relevant sources of management uncertainty in the scup fishery and provide the technical basis for any reduction in catch when recommending ACTs. Management uncertainty includes uncertainty in the ability of managers to control catch and uncertainty in quantifying the true catch (i.e., estimation errors). This can occur due to a lack of sufficient information about the catch (e.g., due to late reporting, under-reporting, and/or misreporting of landings or bycatch) or due to a lack of management precision (i.e., the ability to constrain catch to desired levels). In 2015 the Monitoring Committee recommended no reduction from the commercial and recreational scup ACTs to the ACLs for 2016-2018. As indicated by the 2015 benchmark assessment and the 2016 data update, scup SSB is much higher than the biomass reference point. Both the commercial and recreational fisheries have landed well below their landings limits since 2011 (Table 4). For these reasons, staff recommend that the 2017 ACTs remain equal to the ACLs. Table 4: Scup commercial and recreational fishery performance relative to quotas and harvest limits, 2011-2015. Year Commercial Commercial Recreational Recreational Percent Percent Landings Quota Landings Harvest Underage Underage (mil lb) (mil lb) (mil lb) Limit (mil lb) 2011 15.03 20.36-26% 3.67 5.74-36% 2012 14.88 27.91-47% 4.17 8.45-51% 2013 17.87 23.53-24% 5.43 7.55-28% 2014 15.96 21.95-27% 4.68 7.03-34% 2015 17.03 21.23-20% 5.05 6.80-26% Average 16.15 23.00-29% 4.60 7.11-35% Page 7

Figure 1: Illustration of how scup catch and landings limits are determined from the overfishing limit. The Research Set Aside program was suspended in 2014. Page 8

Commercial Quotas and Recreational Harvest Limit Commercial quotas and recreational harvest limits for scup are determined by subtracting projected discards from the sector-specific ACTs. Projected discards from the stock assessment are apportioned between the recreational and commercial fisheries using the average percentage of dead discards attributable to each sector over the past three years. According to the 2015 benchmark stock assessment, commercial dead discards accounted for an average of 83.4% of all dead discards from 2012 through 2014. Recreational dead discards accounted for an average of 16.6% of all dead discards from 2012 through 2014. The previously implemented 2017 commercial quota is 18.38 million pounds (8,337 mt) and the 2017 recreational harvest limit is 5.50 million pounds (2,495 mt). As prescribed by the FMP, the commercial scup quota is divided into three periods: Winter I (January 1 April 30; allocated 45.11% of the commercial quota), Summer (May 1 October 31; allocated 38.95% of the commercial quota), and Winter II (November 1 December 31; allocated 15.94% of the commercial quota). Based on the previously implemented 2017 scup commercial quota, the 2017 Winter I commercial quota will be 8.29 million pounds (3,761 mt), the Summer quota will be 7.16 million pounds (3,247 mt), and the Winter II quota will be 2.93 million pounds (1,329 mt), prior to any quota rollover from Winter I, if applicable. Staff recommend no changes to the previously implemented 2017 commercial quota, the Winter I, Summer, and Winter II quotas, or the 2017 recreational harvest limit. Commercial Winter I and Winter II Quota Period Possession Limits The Council and Board use commercial scup possession limits to help constrain landings to the seasonal quotas. The Winter I possession limit is 50,000 pounds. After 80% of the Winter I quota is landed, the possession limit drops to 1,000 pounds. The Winter II possession limit is 12,000 pounds. The Winter II possession limit is an initial possession limit. If the Winter I quota is not fully harvested, the Winter II possession limit increases by 1,500 pounds for every 500,000 pounds of scup not caught during the Winter I period. There are no federal possession limits during the Summer quota period; however, there are state possession limits. In 2015 the Monitoring Committee recommended no changes to the Winter I and Winter II quota period possession limits (MAFMC 2015B). The Council and Board agreed with this recommendation. According to an analysis presented by Council staff, the majority of commercial scup trips in recent years landed well below the Winter I and Winter II possession limits. Based on this analysis, the Monitoring Committee saw no reason to modify these measures. Advisors have not recommended a change to these measures in recent years; however, one advisor noted that the staff analysis of these measures (MAFMC 2015B, MAFMC 2016A) appears to under-represent the number of trips which landed close to the Winter I possession limit in 2014 and 2015. Staff recommend no change to the Winter I and Winter II quota period possession limits for 2017. Commercial Minimum Fish Size The minimum size for retention of scup in the commercial fishery is 9 inches total length (TL). The Council and Board have not modified this measure since scup was first managed by the Council through Page 9

the 1996 amendment that added scup to the Summer Flounder FMP. The Council and Board considered modifying this measure in 2005, 2012, and 2015. As part of the commercial management measures review carried out by the Monitoring Committee in 2015, the Monitoring Committee recommended no change to the minimum fish size for scup in the commercial fishery. The Monitoring Committee noted that because such a high proportion of scup discards are smaller than 9 inches, reducing or eliminating the minimum size (as requested by some advisors) could significantly shift selectivity of the fishery and increase harvest of immature fish, which could have negative effects on scup biomass. The Monitoring Committee also noted that reducing or eliminating the minimum size could increase mortality in the commercial pot/trap and hook and line fisheries, which respectively accounted for 3.6% and 4.6%, of commercial scup landings between 2010 and 2014 (NEFSC 2015). Eliminating the commercial minimum size and relying on trawl mesh specifications to limit mortality of smaller scup, as proposed by some advisors, could create enforcement challenges given that scup are targeted using other commercial gear types. The federal commercial and recreational minimum scup sizes are currently identical, which is generally considered beneficial from an equity and enforceability perspective (MAFMC 2015B). In December 2015 the Council and Board agreed with the Monitoring Committee s recommendation and chose not to modify the minimum commercial scup size. Staff recommend that this regulation remain unchanged in 2017. Commercial Trawl Mesh Size Trawl vessels which possess more than 500 pounds of scup from November 1 through April 30 and more than 200 pounds of scup from May 1 through October 31 must use a minimum mesh size of 5.0 inches. In 2015 the Council recommended that the winter (i.e., May October) possession limit for vessels using mesh smaller than 5.0 inches be increased from 500 to 1,000 pounds. NMFS published a proposed rule to implement this change on May 23, 2016. The Council agreed to modify this measure in recognition of the substantial increase in SSB and the expansion of age structure of the population since this measure was last modified in 2004. Staff recommend no additional changes to this measure for 2017. Commercial Pot and Trap Regulations NMFS Vessel Trip Report data show that less than 1% of the 2015 commercial scup catch was taken with pots and traps. Pots and traps used in the commercial scup fishery must have either a circular escape vent with a 3.1 inch minimum diameter or square or rectangular escape vents with each side being at least 2.25 inches in length. The Council and Commission hosted a workshop in 2005 to review several studies on vent size. Workshop participants did not recommend any changes in the vent sizes for the commercial scup fishery. The Monitoring Committee reviewed these measures in 2015 and recommend no changes. Staff recommend no changes to these measures for 2017. Recreational seasons, possession limits, and minimum size The Council and Board will review recreational measures for 2017 (i.e., the recreational scup season, possession limits, and minimum fish sizes) at their December 2016 meeting. Data from the first four waves (i.e., the two-month reporting increments for recreational data) of 2016 recreational landings are expected to be available in October 2016. The Monitoring Committee will meet in November to review these landings data and make recommendations for any necessary changes in recreational management measures. Staff have no recommendations for 2017 recreational management measures at this time. Page 10

References MAFMC (Mid-Atlantic Fishery Management Council). 2015A. Report of the July 2015 Meeting of the MAFMC SSC. Available at: http://www.mafmc.org/ssc MAFMC (Mid-Atlantic Fishery Management Council). 2015B. Summer Flounder, Scup, and Black Sea Bass Commercial Management Measures Review. Available at: http://www.mafmc.org/briefing/december-2015 MAFMC (Mid-Atlantic Fishery Management Council). 2016A. Scup Fishery Information Document. Available at: http://www.mafmc.org/sf-s-bsb/ MAFMC (Mid-Atlantic Fishery Management Council). 2016B. Summer Flounder, Scup, and Black Sea Bass Fishery Performance Reports. Available at: http://www.mafmc.org/sf-s-bsb/ NEFSC (Northeast Fisheries Science Center). 2015. 60 th Northeast Regional Stock Assessment (60 th SAW) Assessment Report. Northeast Fisheries Science Center Reference Document 15-08. Available at: http://www.nefsc.noaa.gov/publications/ NEFSC (Northeast Fisheries Science Center). 2016. Scup Data Update for 2016. Available at: http://www.mafmc.org/council-events/2016/ssc-3. Page 11

Scup Data Update for 2016 National Marine Fisheries Service Northeast Fisheries Science Center 166 Water St. Woods Hole, MA 02543 Fishery and Survey Data Reported 2015 landings in the commercial fishery were 7,725 mt = 17.031 million lbs, about 80% of the commercial quota (9,632 mt = 21.235 million lbs). Estimated 2015 landings in the recreational fishery were 2,295 mt = 5.060 million lbs, about 70% of the recreational harvest limit (3,288 mt = 7.249 million lbs). Total commercial and recreational landings in 2015 were 10,020 mt = 22.090 million lbs and total commercial and recreational discards were 2,000 mt = 4.409 million lbs, for a total catch in 2013 of 12,020 mt = 26.500 million lbs, about 79% of the 2015 ABC = 15,320 mt = 33.775 million lbs (Table 1, Figure 1). The NEFSC Spring 2014 (2 nd highest) and Fall 2015 (record high) survey biomass indices were near or at record highs for the time series (Figures 2-4). The MADMF Spring and Fall 2015, RIDFW Fall 2014, and URIGSO 2014 indices were also near record highs (Figures 5-7). Most of the other state agency survey indices decreased during 2013-2015 (Figures 8-12). Some of the indices of recruitment (RIDFW, NYDEC, NEFSC; age 0 fish) indicate the recruitment of a strong year class in 2015 (Figure 13). Measures of mean size, sizestructure, and exploitation ratio (total fishery catch/survey biomass index) from the NEFSC trawl surveys are presented in Figures 14-19.

Table 1. Total catch (metric tons) of scup from Maine through North Carolina. Landings include revised Massachusetts landings for 1986-1997. Commercial discards for 1981-1988 calculated as the geometric mean ratio of discards to landings numbers at age for 1989-1993. Commercial discard estimate for 1998 is the mean of 1997 and 1999 estimates. Recreational catch from MRIP (2004-2015) and MRFSS (1981-2003; adjusted by MRFSS to MRIP 2004-2011 ratio). Year Commercial Commercial Recreational Recreational Total Landings Discards Landings Discards Catch 1981 9,856 4,495 3,116 59 17,526 1982 8,704 3,970 2,791 53 15,518 1983 7,794 3,555 3,353 63 14,765 1984 7,769 3,543 1,296 33 12,641 1985 6,727 3,068 3,268 60 13,123 1986 7,176 3,273 6,223 97 16,769 1987 6,276 2,862 3,323 42 12,504 1988 5,943 2,710 2,289 35 10,977 1989 3,984 1,277 2,980 43 8,285 1990 4,571 2,466 2,220 42 9,299 1991 7,081 3,388 4,336 87 14,892 1992 6,259 1,885 2,366 52 10,562 1993 4,726 1,510 1,714 31 7,981 1994 4,392 962 1,409 41 6,804 1995 3,073 974 720 14 4,781 1996 2,945 870 1,156 22 4,993 1997 2,188 675 642 9 3,514 1998 1,896 705 469 16 3,086 1999 1,505 735 1,012 7 3,259 2000 1,207 592 2,919 61 4,779 2001 1,729 1,671 2,285 184 5,869 2002 3,173 1,284 1,944 152 6,553 2003 4,405 436 4,549 176 9,566 2004 4,209 1,324 3,278 182 8,993 2005 3,711 565 1,215 270 5,761 2006 4,081 896 1,681 426 7,084 2007 4,193 1,363 2,085 346 7,987 2008 2,370 2,254 1,713 287 6,624 2009 3,721 3,189 1,462 211 8,583 2010 4,866 2,638 2,715 318 10,537 2011 6,819 1,234 1,632 173 9,858 2012 6,751 1,029 1,842 231 9,853 2013 8,105 1,279 2,464 224 12,072 2014 7,239 1,004 2,124 229 10,596 2015 7,725 1,774 2,295 226 12,020

Metric tons 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Scup Fishery Total Catch: 1981-2015 Includes MRIP and SBRM Year Commercial Landings Recreational Landings Commercial Discards Recreational Discards Total Catch Figure 1. Scup fishery total catch. 3

NEFSC Biomass Indices 16 14 12 Survey kg/tow 10 8 6 4 2 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year Spring Fall Winter Figure 2. NEFSC trawl survey biomass indices for scup. 4

25 Scup: Spring kg/tow 20 Index (kg/tow) 15 10 5 0 Year Figure 3. NEFSC spring trawl survey biomass indices for scup. Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing. 5

18 Scup: NEFSC Fall kg/tow Index (kg/tow) 16 14 12 10 8 6 4 2 0 Year Mean Weight Lower Upper Figure 4. NEFSC fall trawl survey biomass indices for scup. Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing.. 6

45 MADMF Biomass Indices 40 35 30 Survey kg/tow 25 20 15 10 5 0 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year Spring Fall Figure 5. MADMF trawl survey indices for scup. 7

RIDFW Indices Fall Survey kg/tow 45 40 35 30 25 20 15 10 5 14 12 10 8 6 4 2 Spring Survey kg/tow; Trap N/trap/hr 0 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year Fall Spring Coop Trap Figure 6. RIDFW trawl and trap survey indices for scup. The Cooperative trap survey ended in 2012. 8

URIGSO Abundance Index 450 400 350 300 URIGSO N/tow 250 200 150 100 50 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year URIGSO Figure 7. URIGSO trawl survey indices for scup. 9

35 CTDEP Biomass Indices 30 25 Survey kg/tow 20 15 10 5 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year Spring Fall Figure 8. CTDEP trawl survey indices for scup. 10

7 NYDEC Abundance Index 6 5 Survey Age 2+ N/tow 4 3 2 1 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year NYDEC Figure 9. NYDEC trawl survey indices for scup. 11

45 NJDFW Biomass Index 40 35 30 Survey kg/tow 25 20 15 10 5 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year NJDFW Figure 10. NJDMF trawl survey indices for scup. 12

ChesMMAP and NEAMAP Biomass Indices 4.5 8 4.0 7 3.5 6 ChesMMAP kg/tow 3.0 2.5 2.0 1.5 1.0 5 4 3 2 NEAMAP kg/tow 0.5 1 0.0 0 1980 1985 1990 1995 2000 2005 2010 2015 2020 Year ChesMMAP NEAMAP Spring NEAMAP Fall Figure 11. VIMS (ChesMMAP and NEAMAP) trawl survey indices for scup. 13

Measure Normalized to Time Series Mean 10 9 8 7 6 5 4 3 2 1 0 Scup Total Stock N Measures of Abundance: All Available Year NEC Spr NEC Fal NEC Win MA Spr MA Fal RI Spr RI Fal RI Trap URIGSO CT Spr CT Fal NY NJ ChesMMAP NEA Spr NEA Fal Figure 12. Measures of scup aggregate numeric abundance. Indices normalized to time series means. 14

Scup Age 0 Measures of Abundance 6.0 Measure Normalized to Time Series Mean 5.0 4.0 3.0 2.0 1.0 0.0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Year NEFSC CTDEP NYDEC VIMS RIDFW Trap RIDFW Fall Figure 13. Measures of scup age 0 abundance. Indices normalized to time series means. 15

50 Scup: Spring Mean Length (cm) 45 40 35 Mean Length (cm) 30 25 20 15 10 5 0 Year Figure 14. Trend in mean length of the NEFSC Spring survey catch. Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing. 16

50 Scup: Fall Mean Length (cm) 45 40 35 Mean Length (cm) 30 25 20 15 10 5 0 Year Figure 15. Trend in mean length of the NEFSC Fall survey catch. Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing. 17

Figure 16. Length frequency of the NEFSC Spring survey catch: 2013-2015. 18

Figure 17. Length frequency of the NEFSC Fall survey catch: 2013-2015. 19

5.0 Scup: Spring Relative F 4.5 Relative F (Total Catch / Biomass Index) 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 Year Figure 18. Trend in exploitation ratio based on total fishery catch and the NEFSC Spring survey biomass index Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing. 20

5.0 Scup: Fall Relative F 4.5 Relative F (Total Catch / Biomass Index) 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 Year Figure 19. Trend in exploitation ratio based on total fishery catch and the NEFSC Fall survey biomass index Whiskers around each annual index represent +/- one standard deviation. Dashed lines represent 65% confidence intervals around the 2004-2011 mean, a period when the stock was estimated to be at or above SSBMSY and not experiencing overfishing. 21

Scup Fishery Information Document June 2016 This document provides a brief overview of the biology, stock condition, management system, and fishery performance for scup with an emphasis on 2015, the most recent complete fishing year. 1. Biology Scup (Stenotomus chrysops) are a schooling, demersal (i.e., bottom-dwelling) species. They are found in a variety of habitats in the Mid-Atlantic. Essential fish habitat (EFH) for scup includes demersal waters, areas with sandy or muddy bottoms, mussel beds, and sea grass beds from the Gulf of Maine through Cape Hatteras, North Carolina. Scup undertake extensive seasonal migrations between coastal and offshore waters. Scup are found in estuaries and coastal waters during the spring and summer. In the fall and winter they move offshore and to the south, to outer continental shelf waters south of New Jersey. Scup spawn once annually over weedy or sandy areas, mostly off of southern New England. Spawning takes place from May through August and usually peaks in June and July. 1 About 50% of scup are sexually mature at two years of age and about 17 cm (about 7 inches) total length. Nearly all scup older than three years of age are sexually mature. Scup reach a maximum age of at least 14 years. They may live as long as 20 years; however few scup older than age 7 are caught in the Mid-Atlantic. 2, 3 Adult scup are benthic feeders. They consume a variety of prey, including small crustaceans (including zooplankton), polychaetes, mollusks, small squid, vegetable detritus, insect larvae, hydroids, sand dollars, and small fish. The Northeast Fisheries Science Center s (NEFSC s) food habits database lists several predators of scup, including several shark species, skates, silver hake, bluefish, summer flounder, black sea bass, weakfish, lizardfish, king mackerel, and monkfish. 1 2. Status of the Stock The scup stock was designated as overfished in 2005, triggering the establishment of a rebuilding plan (implemented in 2007 via Amendment 14 to the Fishery Management Plan). Scup were declared rebuilt ahead of schedule in 2009 after a benchmark stock assessment determined that the stock was no longer overfished and overfishing was not occurring. 2 The most recent benchmark stock assessment for scup took place in 2015 and determined that scup were not overfished and overfishing was not occurring in 2014 (Figures 1 and 2). 3 1

Catch (mt) 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 Catch F FMSY = F40% = 0.220 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0 0.0 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 Fishing mortality (F) 2014 Figure 1: Total fishery catch and fishing mortality rate (F) for scup, 1984-2014. The horizontal dashed line is the fishing mortality reference point. Overfishing is occurring when the fishing mortality rate exceeds this threshold. 3 250,000 350 SSB (mt) 225,000 200,000 175,000 150,000 125,000 100,000 R SSB SSBMSY 300 250 200 150 R (age 0, millions) 75,000 50,000 25,000 100 50 0 0 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 Figure 2: Scup spawning stock biomass (SSB) and Recruitment (R), 1984-2014. 3 2

3. Management System and Overall Fishery Performance The Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) work cooperatively to develop fishery regulations for scup off the east coast of the United States. The Council and Commission work in conjunction with the National Marine Fisheries Service (NMFS), which serves as the federal implementation and enforcement entity. This cooperative management endeavor was developed because a significant portion of the catch is taken from both state waters (0-3 miles offshore) and federal waters (3-200 miles offshore, also known as the Exclusive Economic Zone or EEZ). The management unit for scup includes U.S. waters from Cape Hatteras, North Carolina to the U.S.-Canadian border. The Fishery Management Plan (FMP) for scup has been in place since 1996, when scup were incorporated into the Summer Flounder FMP through Amendment 8 to that plan. Amendment 8 also established measures to ensure effective management of scup fisheries, including gear restrictions, reporting requirements, commercial quotas, a moratorium on new commercial scup permits, recreational possession limits, and minimum size restrictions. The Council has made several adjustments to the FMP since 1996. The FMP and subsequent amendments and framework adjustments can be found at: www.mafmc.org/sf-s-bsb/. Scup fisheries are currently managed through output controls (catch and landings limits), with 78% of the allowable catch allocated to the commercial fishery and 22% of allowable catch allocated to the recreational fishery. The Council s Scientific and Statistical Committee (SSC) recommends annual Acceptable Biological Catch (ABC) levels for scup, which are then approved by the Council and Commission and submitted to NMFS for final approval and implementation. The ABC is divided into commercial and recreational Annual Catch Limits (ACLs), based on the quota allocation percentages prescribed in the FMP (i.e., 78% commercial, 22% recreational). The Council first implemented recreational and commercial ACLs with a system of overage accountability in 2012. Both ABCs and ACLs are catch-based limits, meaning they include both projected landings and discards. Projected discards are subtracted to determine the commercial quota and recreational harvest limit, which are landings-based limits. Table 1 shows scup catch and landings limits from 2007 through 2018, as well as commercial and recreational landings through 2015. Scup support sizable commercial and recreational fisheries in the Mid-Atlantic region. Total scup landings (commercial and recreational) from Maine to North Carolina peaked in 1981 at over 27 million pounds and reached a low of 5.1 million pounds in 1998. In 2015, about 22.0 million pounds of scup were landed by commercial and recreational fishermen (Figure 3). 4,5 3

Table 1: Summary of catch limits, landings limits, and landings for commercial and recreational scup fisheries from 2007 through 2018. Measure 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 e 2018 e ABC (mil. lb) a -- -- 11.70 17.09 51.70 40.88 38.71 35.99 33.77 31.11 28.40 27.05 TAC (mil. lb) b 13.97 9.90 15.54 17.09 31.92 -- -- -- -- -- -- -- Commercial ACL (mil. -- -- -- -- -- 31.89 30.19 28.07 26.35 24.26 22.15 21.10 lb) c Commercial quota (mil. 8.90 5.24 8.37 10.68 20.36 27.91 23.53 21.95 21.23 20.47 18.38 17.34 lb) d Commercial landings 9.24 5.22 8.20 10.73 15.03 14.88 17.87 15.93 16.95 -- -- -- (mil. lb) % of commercial 104% 100% 98% 100% 74% 53% 76% 72% 80% -- -- -- quota landed Recreational ACL (mil. -- -- -- -- -- 8.99 8.52 7.92 7.43 6.84 6.25 5.95 lb) c Recreational harvest limit 2.74 1.83 2.59 3.01 5.74 8.45 7.55 7.03 6.80 6.09 5.50 5.21 (mil. lb) d Recreational landings 4.56 3.79 3.23 5.97 3.67 4.17 5.43 4.68 5.05 -- -- -- (mil. lb) % of recreational limit harvested 166% 207% 125% 198% 64% 49% 72% 66% 74% -- -- -- a The ABC is the annual Acceptable Biological Catch for the entire scup fishery, and is divided into sector-specific Annual Catch Limits (ACLs) for the commercial and recreational fisheries. The ABC and ACLs include both landings and discards. b Prior to the implementation of the 2011 Omnibus ACLs and AMs Amendment, the Council specified a Total Allowable Catch (TAC). After implementation of this amendment, the Council specified ABCs instead of TACs. Both terms refer to the total catch limit in a given year. The difference between the TAC and the ABC in 2009 is due to NMFS specifying a revised catch limit after new scientific information became available. In 2011, the difference was due to the Council specifying a more conservative limit than that recommended by the SSC. c ACLs are annual sector-specific catch limits for the commercial and recreational fisheries. ACLs include both landings and discards. d Commercial quotas and recreational harvest limits reflect the removal of projected discards from the sector-specific ACLs. For 2006-2014, these limits are also adjusted for Research Set Aside (RSA). Quotas and harvest limits for 2015-2016 do not reflect an adjustment for RSA due to the suspension of the program in 2014. e In 2015, the Council implemented ABCs, ACLs, commercial quotas, and recreational harvest limits for 2016-2018. The 2017 and 2018 measures will be reviewed by the SSC, the Council, and the Commission in 2016 and 2017, respectively, and may be modified. 4

Landings (Millions of lb) 30 25 20 15 10 Commercial landings Recreational landings Total landings 5 0 Figure 3: Commercial and recreational scup landings from Maine through North Carolina, 1981-2015. 4,5 4. Commercial Fishery Regulations and Performance Commercial landings for scup peaked in 1981 at 21.73 million pounds and reached a low of 2.66 million pounds in 2000 (Figure 3). In 2015, commercial fishermen landed 16.95 million pounds of scup, about 80% of the commercial quota. 4 A moratorium permit is required to fish commercially for scup. Moratorium permits became a requirement in the commercial scup fishery after Amendment 8 established a limited-entry system. In 2015, 650 vessels held moratorium permits for scup. 6 The commercial scup fishery operates year-round, taking place mostly in federal waters during the winter months and mostly in state waters during the summer. A coast-wide commercial quota is allocated between three quota periods, known as winter I, summer, and winter II (Table 2). The Council and Commission developed these seasonal quota periods ensure that both smaller day boats, which typically operate near shore in the summer months, and larger vessels, which typically operate offshore in the winter months, have the ability to land scup before the annual quota is reached. The summer period quota is divided among states according to the allocation percentages outlined in the Commission s FMP (Table 3). Once the quota for a given period is reached, the commercial fishery is closed for the remainder of that period. If the full winter I quota is not harvested, unused quota is added to the quota for the winter II period. Any quota overages during the winter I and II periods are subtracted from the quota allocated to those periods in the following 5

year. Quota overages during the summer period are subtracted from the following year s quota only in the states where the overages occurred. A possession limit of 50,000 pounds of scup is in effect during the winter I quota period. A possession limit of 12,000 pounds is in effect during the winter II period. If the winter I quota is not reached, the winter II possession limit increases by 1,500 pounds for every 500,000 pounds of quota not caught during winter I. The winter II possession limit was 18,000 pounds in 2015 due to quota rollover from the winter I period. Almost 96% of the 1,307 commercial trips which landed scup during the winter II period in 2015 landed less than 10,000 pounds of scup. 4 The Council increased the winter I commercial scup possession limit from 30,000 pounds to 50,000 pounds in 2012. Over the past five years, less than 1% of the commercial trips which landed scup during the winter I period landed more than 20,000 pounds (Table 4). Table 2: The dates, allocations, and possession limits associated with the three quota periods for the commercial scup fishery. Quota Period Winter I Summer Winter II Dates January 1 April 30 May 1 October 31 November 1 December 31 Percentage of commercial quota allocated 45.11% Possession limit 50,000 pounds, until 80% of winter I allocation is reached, then reduced to 1,000 pounds. 38.95% State-specific 15.94% 12,000 pounds. If winter I quota is not reached, the winter II possession limit increases by 1,500 pounds for every 500,000 pounds of scup not landed during winter I. Table 3: State-by-state quotas for the commercial scup fishery during the summer quota period. State Share of summer quota Maine 0.1210% Massachusetts 21.5853% Rhode Island 56.1894% Connecticut 3.1537% New York 15.8232% New Jersey 2.9164% Maryland 0.0119% Virginia 0.1650% North Carolina 0.0249% Total 99.9908% 6

Table 4: The total number of trips which resulted in landings of scup during Winter I period from 2011 through 2015, and the number of trips landing greater than 20,000, 30,000, 40,000, and 50,000 pounds of scup. 4 C refers to confidential information, representing fewer than three dealers or permit holders. Year Total Winter I Trips Number of Trips Landing More Than 20,000 lb 30,000 lb 40,000 lb 2011 3,290 21 0 0 2012 4,554 20 5 C 2013 3,730 36 14 C 2014 3,411 29 13 C 2015 3,543 25 8 C The commercial scup fishery in federal waters is predominantly a bottom otter trawl fishery. In 2015, about 98% of the scup caught (by weight) by federal commercial fishing permit holders were caught with bottom otter trawls. All other gear types each accounted for less than 1% of the commercial scup catch in 2015. 7 Trawl vessels with a scup moratorium permit may not possess 500 pounds or more of scup from November 1 through April 30, or 200 pounds or more from May 1 through October 31, unless fishing with nets that have a minimum mesh size of 5-inch diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. These limits are known as the trawl incidental possession limits. In December 2015 the Council voted to increase the winter (i.e., November 1 through April 30) scup incidental possession limit from 500 to 1,000 pounds. This measure has not yet been implemented, but is expected to be in effect by November 1, 2016. Pots and traps for scup are required to have degradable hinges and escape vents that are either circular with a 3.1 inch minimum diameter or square with a minimum length of 2.25 inches on the side. Two scup Gear Restricted Areas (GRAs) were first implemented in 2000 with the goal of reducing scup discards in small-mesh fisheries (i.e., mesh smaller than that required in the commercial scup fishery). Trawl vessels may not fish for or possess longfin squid, black sea bass, or silver hake in the Northern GRA from November 1 December 31 and in the Southern GRA from January 1 March 15 unless they use mesh which is at least 5 inches in diameter (Figure 4). In April 2016 the Council voted to modify the boundaries of the Southern Scup GRA. This modification has not yet been implemented. The GRAs are thought to have contributed to the recovery of the scup population in the mid- to late-2000s. 8 7

Figure 4: The Northern and Southern scup Gear Restricted Areas (GRAs), as currently configured (in red), shown with the proposed modification to the Southern GRA (in black). Vessel Trip Report (VTR) data suggest that NMFS statistical areas 537, 613, and 616 were responsible for the largest percentage of the commercial scup catch in 2015. Statistical area 539, off of Rhode Island, had the highest number of trips which caught scup (Table 6, Figure 5). 7 Table 6: Statistical areas that each accounted for at least 5% of the total commercial scup catch in 2015, with associated number of trips. 7 Statistical Area Percent of 2015 Commercial Scup Catch Number of Trips 537 30% 1,147 613 19% 1,019 616 18% 341 539 12% 1,884 611 6% 1,636 8

Figure 5: NMFS Statistical Areas, highlighting those that each accounted for more than 5% of the commercial scup catch in 2015. 7 Over the past two decades, total scup ex-vessel revenue ranged from a low of $4.8 million in 2000 (adjusted to real 2015 dollars to account for inflation) to a high of $11.3 million in 2015. 4 In 2015, 16.95 million pounds of scup were landed by commercial fishermen from Maine to North Carolina. The average price per pound was $0.67, which resulted in a total ex-vessel value of $11.3 million. 4 There is a strong relationship between the amount of scup landed in a given year and the average price per pound. As landings increase, price generally decreases (Figure 6). The highest average price per pound over the past two decades was $1.46 ($2.23 in 2015 dollars) and occurred in 1998. The lowest mean price per pound was $0.55 ($0.51 in 2015 dollars) and occurred in 2013. 4 9