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

68B-30.004Seasons

68B-30.006Other 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 clarify existing rule language that closes state waters of the 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 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 Atlantic fishery (68B-30, F.A.C.) now require 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 transit allowances and closures are consistent in adjacent state and federal waters off Florida’s east coast. 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: 1) 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, 2) clarify that state waters for the king mackerel Atlantic fishery are closed to commercial harvest of king mackerel when adjacent federal waters are closed, and 3) remove references to commercial king mackerel fishing season dates for the Atlantic fishery in FWC rule. Additionally, the proposed rule would create a reference in 68B-30.006, F.A.C. (Other Prohibitions) to the proposed mackerel tournament donation permit, outlined in 68B-2.010, F.A.C.

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

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 king mackerel so harvested may not be possessed in, on, or above state waters outside the Atlantic fishery; and

(a)(b) 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)(c) 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. through 4. No change.

(2) through (4) No change.

(5) 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 Rule 68B-30.004, F.A.C., 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 CFR 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 CFR),

(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.

Specific 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, Amended 12-21-00,          .

 

68B-30.004 Commercial Seasons Closures.

(1) The king mackerel fishing season for harvesters subject to either bag limit established in Rule 68B-30.003, F.A.C., in the Atlantic fishery shall be April 1 of each year through March 31 of the following year, unless the season is closed earlier pursuant to subsection (2).

(2) If at any time federal Exclusive Economic Zone (EEZ) waters adjacent to the Atlantic fishery 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. the commercial season for harvest of king mackerel in federal Exclusive Economic Zone (EEZ) waters adjacent to the Atlantic fishery is closed prior to the end of the season specified in subsection (1), the season for harvest of king mackerel under the special bag limit established in subsection 68B-30.003(1), F.A.C., in the Atlantic fishery shall also close, upon notice Notice of the closure shall be given by the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), Florida Statutes. In case of such early season closure, all harvesters shall be subject to the bag limit for other harvesters established in subsection 68B-30.003(2), F.A.C. Once the season for harvest of king mackerel under the special bag limit closes, harvest under that bag limit shall not resume until the season is reopened on the following April 1.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, Formerly 46-30.004, Amended          .

 

68B-30.006 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 Atlantic fishery, who shall be deemed to have violated any prohibition which has been violated by another person aboard.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Formerly 46-30.006, 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, [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