Oceanic whitetip sharks are large, pelagic sharks found offshore in deeper waters of tropical and subtropical oceans worldwide. This highly migratory species is managed cooperatively by both domestic and international partners. ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-44.004Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

PURPOSE, EFFECT AND SUMMARY: Oceanic whitetip sharks are large, pelagic sharks found offshore in deeper waters of tropical and subtropical oceans worldwide. This highly migratory species is managed cooperatively by both domestic and international partners. NOAA Fisheries recently listed this species as threatened under the federal Endangered Species Act (ESA). Additionally, NOAA Fisheries’ Atlantic Highly Migratory Species (HMS) Division classified oceanic whitetip sharks as a prohibited species in U.S. federal waters of the Atlantic, Gulf of Mexico, and Caribbean to reduce mortality and promote conservation and recovery of the species. In response, the Atlantic States Marine Fisheries Commission (ASMFC), which coordinates the species’ management in Atlantic state waters (Maine to Florida), modified the Coastal Sharks Interstate Fishery Management Plan (ISFMP) to set the commercial and recreational possession limits to zero for oceanic whitetip. Florida is an ASMFC member state, and as such the Florida Fish and Wildlife Conservation Commission (FWC) is responsible for implementing the requirements for the ASMFC Coastal Sharks ISFMP in Florida state waters.

At its Sept. 2024 meeting, the FWC Commissioners approved a federal consistency action that will complement federal efforts and facilitate implementation of the ASMFC Coastal Sharks ISFMP by adding oceanic whitetip to Florida’s list of prohibited shark species. The effects of this federal consistency action will be the prohibition of landing, attempting to land, or harming the species in Florida state waters. This action would make Florida’s regulations for oceanic whitetip shark consistent with U.S. federal waters of the Atlantic, Gulf of Mexico, and Caribbean as well as all other U.S. state waters of the Atlantic coast. This action is unlikely to impact commercial or recreational harvesters as there have been no documented oceanic whitetip shark landings in Florida state waters.

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

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

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION

120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Jessica McCawley, Director, Division of Marine Fisheries Management, Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, Florida 32399

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-44.004 Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters.

(1) through (2) No change.

(3) Prohibited Species –

(a) For the purposes of this rule, “prohibited species” shall include:

1. through 16. No change.

17. Oceanic whitetip shark (consistent with the Federal Standard established in 50 C.F.R. §635.71(d)(19) as of September 18, 2024).

17. through 32. renumbered as 18. through 33. No change.

(b) through (e) No change.

(4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.004, Amended 10-15-07, 1-19-10, 7-1-19, 1-1-20, 3-6-23, _____.