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 ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-58.001Designation as a Restricted Species

68B-58.003Size Limits

68B-58.004Recreational Bag and Vessel Limits; Exception for Commercial Harvest

68B-58.005Commercial Seasons

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

68B-58.007Requirements for Sale

68B-58.011Reporting Requirement for Non-tournament Landings

PURPOSE AND EFFECT: 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.

SUMMARY: Rule 68B-58.001 will be created to designate swordfish as a restricted species. Rule 68B-58.003 will be amended to modify the minimum cleithrum to keel length measurement to be 25 inches. Rule 68B-58.004 will be given a new title and amended to provide exceptions from recreational bag and vessel limits to persons commercially harvesting swordfish pursuant to the new federal Swordfish General Commercial permit or a federal HMS Charter/Headboat permit when not operating as a vessel for-hire. Rule 68B-58.005 will be created to clarify state waters will close to commercial harvest of swordfish when adjacent federal waters close. 68B-58.006 will be created to clarify that hook and line is the only allowable gear to harvest swordfish in state waters, and also allow swordfish legally harvested with other gears in federal waters to transit though state waters. Requirements for sale will be modified in Rule 68B-58.007 to require a restricted species endorsement to sell swordfish, allow commercial fishermen operating under the federal Swordfish General Commercial permit or a federal HMS Charter/Headboat permit when not operating as a vessel for-hire to sell swordfish and require wholesale dealers initially purchasing swordfish to possess a federal Atlantic swordfish dealer permit. Federal rule references will be modified in 68B-58.011 to update the federal citation in this subsection.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting February 12-13, 2013, 8:30 a.m. – 5:00 p.m. each day

PLACE: DoubleTree by Hilton Hotel Tampa Airport – Westshore, 4500 W Cypress Street, Tampa, FL 33607

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 IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-58.001 Designation as Restricted Species.

Swordfish are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New_________.

 

68B-58.003 Size Limits.

(1) Size Limit – A person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a swordfish that is less than 47 inches in lower jaw fork length, or 25 29 inches in cleithrum to keel length.

(2) A swordfish that is damaged by shark bites may be retained only if the remainder of the carcass is at least 47 inches lower jaw fork length with its head naturally attached or 25 29 inches cleithrum to keel length if its head has been removed (consistent with the Federal Standard established in 50 C.F.R. §635.20(f)).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended_________.

 

68B-58.004 Recreational Bag and Vessel Limits; Exceptions for Commercial Harvest.

(1) Recreational Limits –

(a) Except as provided in subsections (2) and (3), a recreational harvester may not harvest or land from Florida Waters more than one swordfish per day or possess in or on Florida Waters more than one swordfish (consistent with the Federal Standard established in 50 C.F.R. §635.22(f) as of September 20, 2013).

(b) Private Vessel Limit – The persons aboard a private vessel in or on Florida Waters may not collectively possess more than four swordfish, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of swordfish in excess of the applicable bag limits.

(c) Vessel for Hire Limit – Possession of more than the daily bag limit of swordfish multiplied by the number of customers fishing, or 15 swordfish, whichever is less, aboard any vessel for hire is prohibited. This provision will not be construed to authorize harvest or possession of swordfish in excess of the applicable bag limits.

(2) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a swordfish (consistent with the Federal Standard established in 50 C.F.R. §635.22(f)).

(3) Exceptions for Commercial Limits Harvest–

(a) The bag and vessel limits established in subsection (1) do not apply to a person who is harvesting pursuant to a saltwater products license, restricted species endorsement, and either a federal Limited Access Permit (LAP) for swordfish, valid federal Swordfish General Commercial permit, or valid federal HMS Charter/Headboat permit (when not carrying passengers as a vessel for hire) issued pursuant to 50 C.F.R. 635.4(f) (as of September 20, 2013).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended _______.

 

68B-58.005 Commercial Seasons.

(1) If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of swordfish, corresponding state waters shall also be closed to commercial harvest of swordfish, beginning from the date of such closure until federal waters are reopened to the commercial harvest.

(2) During the period of any state waters closure pursuant to subsection (1), the harvest, possession, or landing for commercial purposes, and the purchase, sale or exchange, of swordfish, is prohibited.  These prohibitions shall not apply to trade of swordfish that were harvested, offloaded, and purchased, sold, or exchanged prior to the closure.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

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

(1) The harvest or attempted harvest of any swordfish in or from state waters is prohibited except by use of hook and line gear.

(2) The landing requirements contained in this section shall not apply to lawful commercial harvest in federal waters when such harvest is transported directly through state waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

68B-58.007 Requirements for Sale.

(1) A person who harvests a swordfish within or without Florida Waters may not sell a swordfish unless the harvester possesses a valid saltwater products license, a valid restricted species endorsement, and either a valid a federal Limited Access Permit (LAP) for swordfish, valid federal Swordfish General Commercial permit, or federal HMS Charter/Headboat permit (swordfish may not be harvested on a vessel-for-hire trip) issued pursuant to 50 C.F.R. 635.4(f) (as of September 20, 2013 October 1, 2002), and presents both the saltwater products license, restricted species endorsement, and one of these federal permits the LAP to the buyer of the swordfish.

(2) No wholesale dealer, as defined in Section 379.362(1), F.S., shall purchase swordfish, or any part thereof, unless such dealer is in possession of a valid federal Atlantic swordfish dealer permit. No wholesale dealer shall purchase swordfish, or any part thereof without confirming that the seller possesses a valid Florida saltwater products license, valid restricted species endorsement, and the federal licenses and permits specified in subsection (1). This subsection applies only when a swordfish, or any part thereof is sold, exchanged, bartered, distributed, or landed for the first time.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended_________.

 

68B-58.011 Reporting Requirement for Non-tournament Landings.

A person who harvests a swordfish from Florida Waters pursuant to subsection 68B-58.004(1), F.A.C. shall report the landing of the swordfish as required by 50 C.F.R. § 635.5(c)(2) (as of September 20, 2013 October 1, 2002) unless the person harvested the swordfish as a participant in a fishing competition in which participants must register or an award is offered for catching or landing a swordfish.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 21, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012 and November 22, 2013