The purpose of this rule amendment is to modify the Commission's Spanish Mackerel Rule to become consistent with federal Spanish mackerel regulations in the Atlantic Ocean. The South Atlantic Fisheries Management Council and the Gulf of Mexico ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

Rule No.: RULE TITLE
68B-23.004: Commercial Fishing Season for Spanish Mackerel; Commercial Vessel Limits
PURPOSE, EFFECT AND SUMMARY: The purpose of this rule amendment is to modify the Commission’s Spanish Mackerel Rule to become consistent with federal Spanish mackerel regulations in the Atlantic Ocean. The South Atlantic Fisheries Management Council and the Gulf of Mexico Fisheries Management Council jointly manage Spanish mackerel under the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic Resources of the Atlantic and Gulf of Mexico. The Councils developed regulatory actions for the Atlantic Ocean Spanish mackerel stock in 2005 that shifted the start of the commercial fishing year one month earlier. In 2008, the corresponding commercial vessel limits were amended. The most recent stock assessment for Spanish mackerel was completed in 2008. The stock assessment indicated that overfishing was not occurring. However the Review Panel could not determine whether or not the stock was overfished. These rule amendments are being proposed to become consistent with federal rules to reduce confusion, aid compliance, and ease enforcement. Additionally, these rules were implemented in federal water to aid the commercial fishery by ensuring that the Spanish mackerel fishery is open in March when many other fisheries are closed to harvest.

SUMMARY: Rule 68B-23.004, F.A.C., (Commercial Fishing Season for Spanish Mackerel; Commercial Vessel Limits) would amend the Commission’s Spanish Mackerel Rule governing the commercial fishing year and the commercial vessel limits such that they are consistent with the recreational swordfish vessel limits in federally managed waters of the Atlantic Ocean as instituted by the National Marine Fisheries Service. The proposed Commission rule would change the commercial fishing season for Spanish mackerel from April 1 through March 31 to March 1 through the end of February and it would change the start date of the 3,500 pound vessel limit from April 1 to March 1.

SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [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-23.004 Commercial Fishing Season for Spanish Mackerel; Commercial Vessel Limits.

(1) East Coast Region.

(a) Persons harvesting Spanish mackerel for commercial purposes from waters of the East Coast Region shall have a season that begins on the regional season opening date of March April 1 of each year and continues through the end of February March 31 of the following year. These persons shall be subject to commercial vessel limits effective during segments of the season as follows (consistent with the Federal Standard established in 50 C.F.R. § 622.44(b)):

1. Beginning on March April 1 and continuing through November 30 of each year, no person harvesting Spanish mackerel for commercial purposes shall harvest or land from a single vessel in any one day more than 3,500 pounds of Spanish mackerel. During this season segment, the possession of more than 3,500 pounds of Spanish mackerel aboard a single vessel in or on state waters at any time, is prohibited.

2. through 3. No change.

4. A limit of 500 pounds of Spanish mackerel per vessel per day shall apply from the date the 1500-pound season segment ends until the end of February each year the season on March 31. During this season segment, no person shall possess while in or on the waters of the state, or land from a single vessel in any one day within this region, more than 500 pounds of Spanish mackerel.

(b) No change.

(2) through (5) No change.

PROPOSED EFFECTIVE DATE: AUGUST 3, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-30-86, Amended 12-10-87, 10-1-88, 11-1-89, 10-1-90, 11-26-92, 11-29-93, 9-30-96, 12-2-96, 1-1-98, Formerly 46-23.004, Amended 1-1-01, 8-3-10.