NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal commercial swordfish rules. These new rules: (1) created a new, open access commercial permit for swordfish harvest, (2) allow for-hire vessels that possess a ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-58.001Designation as a Restricted Species

68B-58.005Commercial Seasons

68B-58.006Allowed and Prohibited Gear and Method of Harvest

PURPOSE AND EFFECT: NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal commercial swordfish rules. These new rules: (1) created a new, open access commercial permit for swordfish harvest, (2) allow for-hire vessels that possess a federal HMS Charter/Headboat permit to commercially harvest and sell swordfish when not operating as a vessel for-hire, and (3) set regional bag limits and allowable gears for vessels fishing under these new permits. The purpose of this rule development notice is to modify state swordfish rules to designate swordfish as a restricted species, establish allowable gears in state waters, allow fishermen operating under new and modified federal commercial swordfish permits to land and sell fish in Florida, require wholesale dealers purchasing swordfish to obtain a federal Atlantic swordfish dealer permit, update size limits, and clarify federal citations in state rules.

The effect of these rule amendments would be that Florida commercial swordfish rules, including seasons and requirements for sale, would be consistent with federal rules. Florida fishermen fishing under the new federal regulations would be allowed to land and sell their catch in Florida. The size limit for swordfish would also be applied consistently in state and adjacent federal waters. Additionally, designating swordfish as a restricted species would ensure that the swordfish commercial fishery is limited to people who make their living from commercial or for-hire fishing. Other effects include that allowable gears for swordfish harvest in state waters would be clarified, and by updating federal rule citations in state swordfish rules, constituents would know which version of the federal rules is being referenced.

SUBJECT AREA TO BE ADDRESSED: Subject areas addressed in the rule development notice include designation as a restricted species, commercial seasons, gear restrictions and other subjects encompassed by the above-cited possible rules.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Jessica McCawley, Director, Division of Marine Fisheries Management, Florida Fish and Wildlife Conservation Commission, 2590 Executive Center Circle E, Suite 201, Tallahassee, Florida 32301, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.