NMFS issues this final rule to implement three provisions of Amendment 8 to the Fishery Management Plan for the Summer Flounder and Scup Fisheries (FMP) that were initially disapproved, but that have been revised and resubmitted by the Mid-Atlantic Fishery Management Council (Council). These measures establish criteria under which vessels under construction or being rerigged for the scup fishery on January 26, 1993, can qualify for a moratorium permit; define scup pots and traps; and require the consideration of recreational landings in the process of setting annual recreational harvest limits. The intent of Amendment 8 is to reduce fishing mortality and to allow the stock to rebuild.