NOAA Fisheries recently approved several changes to federal king mackerel regulations based on stock assessment results and scientific analysis that indicate catch limits may be increased and regional management zones should be revised. The ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-30.002 Definitions

68B-30.003 Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications

68B-30.006Other Prohibitions

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries recently approved several changes to federal king mackerel regulations based on stock assessment results and scientific analysis that indicate catch limits may be increased and regional management zones should be revised. The approved federal changes include 1) establishment of a year-round management boundary between the Gulf and Atlantic stocks of king mackerel at the Monroe—Miami-Dade county line, 2) modifications to Atlantic commercial vessel limits and seasons, 3) an allowance for limited retention and sale of king mackerel caught as bycatch in the federal Atlantic shark gill-net fishery, and 4) an increase in the Gulf recreational bag limit from two to three fish. These changes are intended to balance harvester access to the resource during periods of high demand while mitigating quota closures later in the fishing seasons, allow commercial fishermen to retain and sell incidental catches of king mackerel that would otherwise be discarded dead, and enable the recreational sector to harvest more of their quota. These changes will take effect in federal waters on May 11, 2017, and are largely supported by recreational and commercial harvesters.

At its April 2017 meeting, the Florida Fish and Wildlife Conservation Commission modified king mackerel regulations in state waters based on the federal rule changes described above. These state regulation changes 1) revise the management boundary between the king mackerel fishery in state waters of the Gulf of Mexico (known in Commission rules as the Gulf-Atlantic fishery) and the king mackerel fishery in state waters of the Atlantic Ocean to be the Monroe—Miami-Dade county line year-round, 2) remove outdated rule language pertaining to the Gulf-Atlantic fishery’s Eastern and Western regions, 3) modify and streamline state rule language for king mackerel commercial vessel limits to clarify that commercial harvesters in state waters are subject to commercial vessel limits applicable in adjacent federal waters, 4) specify that king mackerel legally harvested in Atlantic federal waters by the commercial fishery may be sold, and 5) increase the king mackerel recreational bag limit from two to three fish per person for state waters of the Gulf of Mexico and Monroe County. The purpose of these rules is to achieve consistency between the Commission’s king mackerel regulations and regulations in adjacent federal waters.

The effect of the rule amendments are that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for king mackerel in the Gulf of Mexico and the Atlantic Ocean. A single year-round boundary between the Gulf and Atlantic king mackerel fisheries will better reflect the biological boundary between the stocks and simplify regulations. Consistent and streamlined commercial vessel limits will ease compliance and reduce confusion for commercial harvesters, while also promoting efforts to provide access to king mackerel during peak seasons and alleviate federal commercial quota closures. Allowing commercial fishermen to sell fish legally harvested in Atlantic federal waters will reduce regulatory dead discards of king mackerel. The recreational bag limit increase will allow anglers in the Gulf greater access to their quota and create consistent regulations across state and federal waters.

RULEMAKING AUTHORITY: : Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

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, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

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-30.002 Definitions.

As used in this chapter:

(1) “Atlantic fishery” means all Florida waters of the Atlantic Ocean north of a line extending due east of the Miami-Dade/Monroe county line designated as follows, and all king mackerel in those waters (consistent with the Federal Standard established in 50 C.F.R. § 622.369(a) as of May 11, 2017): Between November 1 and March 31 of the following years, the Atlantic fishery consists of all Florida waters in the Atlantic Ocean north of a line extended due east from the coastal boundary between Volusia and Flagler counties (29 deg. 25 min. N. latitude). Between April 1 and October 31 of each year, the Atlantic fishery consists of all Florida waters in the Atlantic Ocean and all Florida waters in the Gulf of Mexico south of a line extended due west from the coastal boundary between Monroe and Collier Counties (25 deg. 48 min. N. latitude).

(2) through (4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, 1-1-98, Formerly 46-30.002, Amended 05-11-17.

 

68B-30.003 Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications.

(1) Commercial Harvest Limits. Persons holding a Florida resident, nonresident, or alien saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel from the Atlantic Migratory Group, may harvest king mackerel from the Atlantic fishery upon the following conditions:

(a) The season for harvest of king mackerel from the Atlantic fishery has not been closed pursuant to Rule 68B-30.004, F.A.C.; and,

(b) Persons harvesting king mackerel for commercial purposes from the Atlantic fishery shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. § 622.385(a)(1) (as of May 11, 2017) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel The following commercial daily vessel harvest limits shall apply in the indicated counties. During the specified periods, no more than the applicable commercial daily vessel harvest limit shall be possessed aboard any vessel subject to this subsection.

1. Persons harvesting king mackerel in the state waters of Nassau, Duval, St. Johns, and Flagler Counties shall be subject to a year round commercial vessel limit of 3,500 pounds per vessel, per day.

2. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Volusia County, shall be subject to a commercial vessel limit of 3,500 pounds per vessel, per day.

3. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Dade Counties, shall be subject to a commercial vessel limit of 75 king mackerel per vessel, per day.

4. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Monroe County, shall be subject to a commercial vessel limit of 1,250 pounds per vessel, per day.

(2) through (5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, 1-1-97, 1-1-98, Formerly 46-30.003, 12-21-00, 10-12-15, Amended 05-11-17.

 

68B-30.006 Other Prohibitions.

(1) through (3) No change.

(4) Nothing in this chapter shall prohibit the sale of king mackerel harvested persuant to 50 C.F.R. 622.379(b) (as of May 11, 2017).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Formerly 46-30.006, 10-12-15, Amended 05-11-17.