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 ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-58.002Definitions

68B-58.003Size Limits

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

68B-58.007Requirements for Sale

68B-58.011Reporting Requirement for Non-tournament Landings

PURPOSE AND EFFECT: 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 Additionally, rule language has been clarified and outdated language has been removed.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.

SUMMARY: Chapter 68B-58 (Swordfish) will be created and the swordfish rule language will be reformatted and reorganized in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.

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.

A HEARING WILL BE HELD AT THE DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-58.002 Definitions.

As used in Chapter 68B-58, F.A.C.:

(1) “Swordfish” means any fish of the species Xiphias gladius, or any part thereof.

(2) “Cleithrum to keel length” means the length of a fish measured along the body contour, i.e., a curved measurement, from the point of the cleithrum that provides the shortest possible measurement along the body contour to the anterior portion of the caudal keel. The cleithrum is the semicircular bony structure at the posterior edge of the gill opening.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

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 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 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)).

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

68B-58.004 Recreational Bag and Vessel Limits; Exception 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)).

(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) Exception for Commercial Harvest – The bag and vessel limits established in subsection (1) do not apply to a person who is harvesting pursuant to a saltwater products license and a federal Limited Access Permit (LAP) for swordfish issued pursuant to 50 C.F.R. 635.4(f).

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

68B-58.007 Requirements for Sale.

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 and a federal Limited Access Permit (LAP) for swordfish issued pursuant to 50 C.F.R. 635.4(f), and presents both the saltwater products license and the LAP to the buyer of the swordfish.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

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) 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.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012