The commercial king mackerel fishery is managed through a complex series of seasons, vessel limits, and quotas that vary regionally and throughout the year. Many of these regulations are based on seasonal and geographical ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-30.003Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications

PURPOSE, EFFECT AND SUMMARY: The commercial king mackerel fishery is managed through a complex series of seasons, vessel limits, and quotas that vary regionally and throughout the year.  Many of these regulations are based on seasonal and geographical variations in fish availability, fishing practices, and market demand.  This fishery occurs in both state and federal waters, and FWC rules for commercial king mackerel harvest mirror regulations for adjacent federal waters. 

NOAA Fisheries approved a larger commercial vessel limit for king mackerel harvest off Volusia through Miami-Dade counties during the months of October through February, which was requested by commercial fishermen from that area.  The larger vessel limit may allow individual commercial fishing trips to be more economically feasible.  It will also improve the ability of the commercial fishery to harvest their quota with minimal risk of exceeding it and triggering an in-season closure before the fishing season ends.

At its July 2020 meeting, the Florida Fish and Wildlife Conservation Commission (FWC) modified the Atlantic king mackerel commercial vessel limits in state waters to be consistent with the change to commercial vessel limits in adjacent federal waters.  The purpose of the proposed action is to maintain uniform regulations for commercial harvest of king mackerel in Atlantic state and federal waters.  The effect of the proposed federal consistency action is to ensure state and federal vessel limits continue to be consistent, thereby easing compliance and eliminating confusion for commercial harvesters. 

The federal consistency action will update the reference to federal commercial vessel limits in 68B-30.003 to refer to the federal vessel limits that took effect September 9, 2020. 

RULEMAKING 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: Emily Norton, 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-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 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) Persons harvesting king mackerel for commercial purposes from the Atlantic fishery shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. §622.385(a)(1) (as of September 9, 2020 September 11, 2019) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel.

(2) Recreational Bag Limit. Any person harvesting king mackerel from the Atlantic fishery who does not meet the requirements and conditions established in subsection (1), shall be subject to a bag limit of two fish per person, per day.

(3) Possession of king mackerel in excess of the bag limits established in this rule by any person aboard a vessel fishing in the Atlantic fishery shall constitute a violation of this rule.

(4) Prohibited Gear. No person shall harvest king mackerel in the Atlantic fishery other than with hook and line gear, or by spearing.

(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 Chapters 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.

Rulemaking 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, 10-12-15, 5-11-17, 2-3-20, 10-01-20.