Since 2013, the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council have made several modifications to the management of the commercial king mackerel fishery in federal waters adjacent to Florida that resulted in ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-12.0046Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Season Segments, Vessel and Landing Limits

68B-12.006Other Prohibitions

PURPOSE AND EFFECT: Since 2013, the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council have made several modifications to the management of the commercial king mackerel fishery in federal waters adjacent to Florida that resulted in different regulations for adjacent state and federal waters. The proposed state rule changes are consistent with recent changes in adjacent federal waters. Specifically, these changes would make commercial king mackerel vessel limits in the Gulf-Atlantic fishery equal to commercial vessel limits in adjacent federal waters and establish a transit provision that would allow transport of legal commercial king mackerel harvest through closed areas for landing. The proposed rule amendment would also clarify existing rule language that closes state waters of the Gulf-Atlantic fishery to commercial king mackerel harvest when adjacent federal waters are closed.

The proposed rule amendment would also eliminate unnecessary language specifying commercial fishing seasons for king mackerel in the Gulf-Atlantic fishery. This rule was originally intended to give the Commission the ability to close state waters to commercial harvest of these species when adjacent federal waters were closed due to federal quotas being met or exceeded. However, state rules that specify commercial fishing seasons for king mackerel are no longer necessary to enforce commercial closures and can be removed. Florida’s king mackerel regulations for the Gulf-Atlantic fishery (68B-12, F.A.C.) now requires commercial fishermen harvesting king mackerel to abide by federal season closures in adjacent state waters, so listing these commercial fishing seasons in state rules is no longer necessary.

Finally, the proposed rule amendment would create a reference in existing state king mackerel rule to proposed rules in 68B-2, F.A.C. establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.

The effect of these rule changes is that commercial king mackerel trip limits, transit allowances, and closures are consistent in adjacent state and federal waters off Florida for the Gulf-Atlantic fishery. Removal of unnecessary and confusing language will make commercial regulations easier to understand. These changes will improve enforceability of state rules and provide flexibility for fishermen operating in multiple regions and reduces the likelihood of early season closures in some regions. Also, mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.

SUMMARY: The proposed rule changes for the Gulf-Atlantic fishery: 1) set king mackerel commercial vessel trip limits in state waters equal to commercial vessel trip limits in adjacent federal waters, 2) establish a transit provision to allow transport of legally-harvested king mackerel through closed areas and permits the landing of these fish in closed areas, 3) clarify that state waters are closed to commercial harvest of king mackerel when adjacent federal waters are closed, and 4) remove references to commercial king mackerel fishing season dates in FWC rule. The proposed rule would also create a reference in 68B-12.006, FAC (Other Prohibitions) to the proposed mackerel tournament donation permit, outlined in 68B-2.010.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting September 2-3, 2015, 8:30 a.m. ‒ 5:00 p.m., each day

PLACE: Hilton Fort Lauderdale Marine, 1881 SE 17th Street, Fort Lauderdale, Florida 33316

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-12.0046 Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Seasons Segments, Vessel and Landing Limits.

(1) Any person harvesting or possessing king mackerel in excess of the bag and possession limits specified in Rule 68B-12.004, F.A.C. in the Gulf-Atlantic fishery shall also possess a valid saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel from the Gulf Migratory Group.

(2) No change.

(3) Eastern Region – Persons harvesting king mackerel for commercial purposes from waters of the Eastern Region shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. § 622.385(a)(2)(i) (as of May 4, 2015) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel have a season that begins on November 1 of each year and continues through March 31 of the following year, unless closed sooner by operation of this subsection.

(a) These persons shall be subject to a commercial vessel limit of 50 king mackerel per vessel per day unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel. During this time, no person shall possess while in or on the waters of the region or land from a single vessel in any one day within this region more than 50 king mackerel.

(b) Should adjacent federal Exclusive Economic Zone (EEZ) waters be closed to commercial harvest, commercial harvest within this region shall be prohibited from the date the 50 king mackerel season ends pursuant to paragraph (a) until the next season begins on the following November 1. During this closed season, no person shall possess while in or on the waters of the region or land within the region any king mackerel harvested for commercial purposes.

(4) Western Region – Persons harvesting king mackerel for commercial purposes from waters of the Western Region shall be subject to a commercial vessel limit of 1250 pounds of fish per vessel per day unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel. have a season that begins on July 1 of each year and continues through June 30 of the following year, unless closed sooner by operation of this subsection. These persons shall be subject to commercial vessel limits effective during segments of the season as follows:

(a) Harvest of king mackerel shall be limited to 1250 pounds of fish per vessel per day from July 1 until the date the daily commercial vessel limit in adjacent federal Exclusive Economic Zone (EEZ) waters is reduced to 500 pounds of king mackerel.

(b) A limit of 500 pounds of king mackerel per vessel per day shall apply from the date the 1250 pounds of fish per vessel per day season segment ends pursuant to paragraph (a) until the adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel. During this season segment, no person shall possess while in or on the waters of the region or land from a single vessel in any one day within this region more than 500 pounds of king mackerel.

(c) Harvest of king mackerel for commercial purposes within this region shall be prohibited from the date the 500 pound season segment ends pursuant to paragraph (b) until the next season begins on the following July 1. During this closed season, no person shall land within the region any king mackerel harvested for commercial purposes.

(d) Notwithstanding paragraphs (a) and (b), if at any time during the season adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel, the season for the commercial harvest of king mackerel in the region shall close pursuant to paragraph (c).

(e) King mackerel may be landed from April 1 through June 30 in Collier County when the Western Region of the Gulf-Atlantic Fishery has been closed, under the following conditions:

1. The king mackerel have been legally harvested from adjacent state or federal waters off Monroe County pursuant to Chapter 68B-30, F.A.C., or pursuant to Part 622 of the Code of Federal Regulations (CFR) for Atlantic migratory group king mackerel,

2. The king mackerel have been harvested pursuant to a Florida saltwater products license and restricted species endorsement (Section 379.362, F.S.) and a federal king mackerel permit (Part 622 CFR),

3. The transport of king mackerel through the closed state waters off Collier County is continuous and direct from the area open to harvest to the place of landing, and

4. All fishing gear must be stowed during transit through the closed area.

(5) Season closures - If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel, corresponding state waters shall also be closed to commercial harvest of king mackerel, beginning from the date of such closure until federal waters are reopened to commercial harvest of king mackerel.

(6) Transit provisions – A vessel that has onboard king mackerel harvested from an open area in either state or federal waters may transit through and land king mackerel in state waters that are closed to the harvest of king mackerel pursuant to subsections (3) and (4), under the following conditions:

(a) The king mackerel have been legally harvested from state or federal waters pursuant to Chapter 68B-12 and 68B-30, F.A.C., or pursuant to Part 622 C.F.R. for king mackerel,

(b) The king mackerel have been harvested pursuant to a Florida saltwater products license and restricted species endorsement (Section 379.362, F.S.) and a federal king mackerel permit (Part 622 C.F.R.),

(c) The transport of king mackerel through the closed state waters is direct, continuous and expeditious from the area open to harvest to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold, and

(d) All fishing gear must be stowed during transit through the closed area. For the purpose of this section appropriately stowed means a rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

(75) Notice of the closure of each season segment described in subsections (5)(3) and (4) of this rule shall be given by the Commission in the manner provided in Section 120.81(5), F.S.

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 10-1-90, Amended 12-4-91, 11-29-93, 12-28-95, 1-1-97, 1-1-98, Formerly 46-12.0046, Amended 4-1-12, _______.

 

68B-12.006 Other Prohibitions.

(1) No change.

(2) The Commission shall issue a permit pursuant to Rule 68B-2.010, F.A.C., to authorize king mackerel caught in an organized tournament to be donated to a licensed wholesale dealer.

(3)(2) The prohibitions of this chapter apply as well to any and all persons operating a vessel in the Gulf-Atlantic fishery, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 11-13-86, Formerly 46-12.006, Amended _______.

 

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, and [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2015