Current FWC regulations allow king and Spanish mackerel harvested in recreational fishing tournaments to be donated to wholesale dealers who sell the fish and donate the money received from sale of the fish to a charity of the tournament’s choosing. ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-2.010Saltwater Game Fish and Sport Fish Designations

PURPOSE AND EFFECT: Current FWC regulations allow king and Spanish mackerel harvested in recreational fishing tournaments to be donated to wholesale dealers who sell the fish and donate the money received from sale of the fish to a charity of the tournament’s choosing. However, recent changes to federal rules for king and Spanish mackerel caught in federal waters off Florida only allow such activity during state-permitted tournaments. The purpose of this rule is to create a state mackerel tournament donation permit that meets the requirements of 50 C.F.R. § 622.386(e) (as of January 9, 2015) for tournament-caught king and Spanish mackerel to be donated and sold. The effect of this rule would be that tournament organizers would be allowed to donate tournament-caught king and Spanish mackerel (harvested from state or federal waters off Florida) to a licensed wholesale dealer in exchange for a donation of the monetary value of the fish to a charity of the tournament's choice.

SUBJECT AREA TO BE ADDRESSED: Subject areas addressed in the rule development notice include creation of tournament permits to allow king mackerel and Spanish mackerel that are caught in recreational fishing tournaments to be donated to a wholesale dealer in exchange for a charitable donation.

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.

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:

68B-2.010 Tournament Permits.

King and Spanish Mackerel – A permit is required to meet the requirements of 50 C.F.R. § 622.386(e) (as of January 9, 2015) for tournament-caught king and Spanish mackerel to be donated and sold. Upon request and submission of the information required in subsection (1), the Executive Director, or his designee, shall issue a mackerel tournament donation permit to the director of an organized tournament to allow tournament-caught king and Spanish mackerel to be donated to a licensed wholesale seafood dealer.

(1) The tournament organizer shall supply the following:

(a) The tournament organizer’s name, mailing address, phone number, and email address; the name of the tournament/organization; the number of tournament participants; the dates and times of the tournament; the name and address of the tournament landing and weigh-in location. The tournament organizer shall also indicate whether participants are charged an entry fee and if prizes are awarded.

(b) The name of the wholesale seafood dealer accepting donated fish, their wholesale seafood dealer license number, contact person, business address, and phone number.

(c) The name, address, phone number, and tax identification number of the charitable organization.

(2) Permits shall only be issued to the director of an organized tournament.

(3) King or Spanish mackerel caught in an organized tournament permitted pursuant to this subsection may be donated to a licensed wholesale seafood dealer. Donation of tournament fish as authorized by this permit does not constitute a sale.

(4) Wholesale dealers must donate the monetary value of tournament-caught king and Spanish mackerel directly to a charitable organization designated by the permittee. The monetary value received for tournament-caught fish may not be donated or returned to the tournament or used to pay for tournament expenses or prizes.

(5) Tournament organizers must ensure that donated fish are handled and iced to ensure product safety pursuant to Rule 68E-27.022, F.A.C.

(6) Wholesale dealers accepting tournament-caught king or Spanish mackerel shall be present at the tournament check-in location to accept the donated fish.

(7) Wholesale dealers shall report donated fish pursuant to Rules 68E-5.002(1) and (2), F.A.C. Wholesale dealers shall identify the donated fish as tournament catch on Marine Fisheries Trip Tickets. 

(8) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New_____.