Published on: 14089364. Designation as a Restricted Species, Size Limits, Recreational Bag and Vessel Limits; Exception for Commercial Harvest, Commercial Seasons, Allowed and Prohibited Gear and Method of Harvest, Requirements for Sale, Reporting Requirement for Non-tournament Landings
Published on: 13982567. Recent stock assessments have determined that the North Atlantic swordfish stock has recovered from prior overfishing and the stock is currently rebuilt. However, as a result of several factors, the U.S. has been unable to fully harvest the domestic swordfish quota. In an effort to revitalize the U.S. commercial swordfish fishery utilizing gears that minimize bycatch, NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal swordfish rules. These new rules: (1) created an open access commercial permit for swordfish harvest, (2) allowed for-hire vessels possessing a federal HMS Charter/Headboat to commercially harvest and sell swordfish when not operating as a vessel for-hire, (3) establish allowable gears and regional harvest limits for vessels fishing under the new and modified permits. The purpose of the new rules and rule amendments is to amend state swordfish rules to designate swordfish as a restricted species, allow fishermen operating pursuant to the new and modified federal commercial permits to land and sell swordfish in Florida, require dealers initially purchasing swordfish to possess a valid federal Atlantic swordfish dealer permit, define allowable gears in state waters and allow transit of swordfish legally harvested with other gears in federal waters, close state waters to commercial swordfish harvest if adjacent federal waters are closed, modify the cleithrum-keel minimum size length, and clarify federal rule references in state rules.
The effect of these rule amendments will be to make Florida’s commercial swordfish regulations more consistent with federal regulations, including the requirements for sale and commercial fishing seasons, and allow commercial fishermen possessing new and modified federal permits to harvest and sell swordfish in Florida. A restricted species designation would ensure that Florida’s commercial swordfish fishery remains professional, even with the new federal open access permit. Florida fishermen who make their living from commercial and for-hire fishing, who may already possess or qualify for a restricted species endorsement, would be able to join this new fishery. Changes in rule will also define allowable gears in state waters and include a provision to allow the transit of swordfish legally harvested in federal waters with other gears. Rule amendments would modify the cleithrum to keel size limit to maintain consistency with federal size measurements. Other effects of the new rules would clarify federal citations in state rule.
Published on: 12993264. This rule chapter has been created to relocate the swordfish rules originally found in the billfish chapter (68B-33) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The swordfish rules have also been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. Creation of this chapter will not affect the meaning of current swordfish regulation nor change the intent of the rules.
Published on: 12429112. The purpose and effect of this rule development notice is to address possible creation of a new rule chapter for swordfish and to address other possible rule amendments for the swordfish fisheries in the 2013 calendar year as a result of stock assessments, federal regulatory actions, efforts to increase the clarity of the regulations, or other management or enforcement requirements, or to address amendments resulting from the agency’s comprehensive review of Division 68B.