[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.50]

[Page 343]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
   Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
 
Sec. 648.50  Shell-height standard.


    (a) Minimum shell height. The minimum shell height for in-shell 
scallops that may be landed, or possessed at or after landing, is 3.5 
inches (89 mm). Shell height is a straight line measurement from the 
hinge to the outermost part of the shell, that is, the edge farthest 
away from the hinge.
    (b) Compliance and sampling. Compliance with the minimum shell-
height standard will be determined by inspection and enforcement at or 
after landing, including the time when the scallops are received or 
possessed by a dealer or person acting in the capacity of a dealer as 
follows: An authorized officer will take samples of 40 scallops each, at 
random, from the total amount of scallops in possession. The person in 
possession of the scallops may request that as many as 10 samples (400 
scallops) be examined as a sample group. A sample group fails to comply 
with the standard if more than 10 percent of all scallops sampled are 
less than the shell height specified. The total amount of scallops in 
possession will be deemed in violation of this subpart and subject to 
forfeiture, if the sample group fails to comply with the standard. All 
scallops will be subject to inspection and enforcement, in accordance 
with these compliance and sampling procedures, up to and including the 
time when a dealer receives or possesses scallops for a commercial 
purpose.