NOAA Fisheries recently approved several changes to federal king mackerel regulations based on stock assessment results and scientific analysis that indicate catch limits may be increased and regional management zones should be revised. The ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-12.002 Definitions

68B-12.004 Bag Limits

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

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries recently approved several changes to federal king mackerel regulations based on stock assessment results and scientific analysis that indicate catch limits may be increased and regional management zones should be revised. The approved federal changes include 1) establishment of a year-round management boundary between the Gulf and Atlantic stocks of king mackerel at the Monroe—Miami-Dade county line, 2) modifications to Atlantic commercial vessel limits and seasons, 3) an allowance for limited retention and sale of king mackerel caught as bycatch in the federal Atlantic shark gill-net fishery, and 4) an increase in the Gulf recreational bag limit from two to three fish. These changes are intended to balance harvester access to the resource during periods of high demand while mitigating quota closures later in the fishing seasons, allow commercial fishermen to retain and sell incidental catches of king mackerel that would otherwise be discarded dead, and enable the recreational sector to harvest more of their quota. These changes will take effect in federal waters on May 11, 2017, and are largely supported by recreational and commercial harvesters.

At its April 2017 meeting, the Florida Fish and Wildlife Conservation Commission modified king mackerel regulations in state waters based on the federal rule changes described above. These state regulation changes 1) revise the management boundary between the king mackerel fishery in state waters of the Gulf of Mexico (known in Commission rules as the Gulf-Atlantic fishery) and the king mackerel fishery in state waters of the Atlantic Ocean to be the Monroe—Miami-Dade county line year-round, 2) remove outdated rule language pertaining to the Gulf-Atlantic fishery’s Eastern and Western regions, 3) modify and streamline state rule language for king mackerel commercial vessel limits to clarify that commercial harvesters in state waters are subject to commercial vessel limits applicable in adjacent federal waters, 4) specify that king mackerel legally harvested in Atlantic federal waters by the commercial fishery may be sold, and 5) increase the king mackerel recreational bag limit from two to three fish per person for state waters of the Gulf of Mexico and Monroe County. The purpose of these rules is to achieve consistency between the Commission’s king mackerel regulations and regulations in adjacent federal waters.

The effect of the rule amendments are that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for king mackerel in the Gulf of Mexico and the Atlantic Ocean. A single year-round boundary between the Gulf and Atlantic king mackerel fisheries will better reflect the biological boundary between the stocks and simplify regulations. Consistent and streamlined commercial vessel limits will ease compliance and reduce confusion for commercial harvesters, while also promoting efforts to provide access to king mackerel during peak seasons and alleviate federal commercial quota closures. Allowing commercial fishermen to sell fish legally harvested in Atlantic federal waters will reduce regulatory dead discards of king mackerel. The recreational bag limit increase will allow anglers in the Gulf greater access to their quota and create consistent regulations across state and federal waters.

RULEMAKING AUTHORITY:: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [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-12.002 Definitions.

For the purpose of this chapter, except where the context clearly requires otherwise:

(1) No change.

(2) “Eastern Region” means all state waters of the Atlantic Ocean north of a line extended due east from the coastal boundary between Dade and Monroe counties and south of a line extended due east from the coastal boundary between Volusia and Flagler counties, between November 1 of each year and March 31 of the following year.

(2)(3) “Gulf-Atlantic Fishery” means all Florida waters of the Gulf of Mexico and all Florida waters of the Atlantic Ocean south of a line extending due east of the Miami-Dade/Monroe county line designated as follows, and all king mackerel in those waters (consistent with the Federal Standard established in 50 C.F.R. §622.369(a) as of May 11, 2017): Between November 1 and March 31 the Florida Gulf-Atlantic Fishery consists of all Florida waters in the Gulf of Mexico and all Florida waters in the Atlantic Ocean south of a line extended due east from the coastal boundary between Volusia and Flagler counties (29 deg. 25 min. N. latitude). Between April 1 and October 31 of each year, the Gulf-Atlantic Fishery consists of all Florida waters in the Gulf of Mexico north of a line extended due west from the coastal boundary between Monroe and Collier counties (25 deg. 48 min. N. latitude).

(4) through (7) renumbered (3) through (6) No change.

(8) “Western Region” means all state waters of the Atlantic Ocean south and west of a line due east from the coastal boundary between Dade and Monroe counties and all state waters of the Gulf of Mexico, between November 1 of each year and March 31 of the following year, and all state waters of the Gulf of Mexico north of a line extended due west from the coastal boundary between Monroe and Collier counties, between April 1 and October 31 of each year.

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 12-20-84, Formerly 46-12.02, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.002, Amended 05-11-17.

 

68B-12.004 Bag Limits.

(1) Except as provided in Rule 68B-12.0046, F.A.C., each person harvesting king mackerel from the Gulf-Atlantic fishery shall be subject to a bag limit of three two fish per person, per day (consistent with the Federal Standard established in 50 C.F.R. § 622.382(a)(1)(ii) as of May 11, 2017), unless and until the bag limit is reduced to one fish per person, per day pursuant to Rule 68B-12.0045(2), F.A.C.

(2) through (4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 12-20-84, Formerly 46-12.04, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.004, Amended 05-11-17.

 

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

(1) No change.

(2) For purposes of regulating the commercial harvest of king mackerel in the Gulf-Atlantic fishery, the fishery is divided into two regions, the Eastern Region and the Western Region. Harvest in each region is governed by daily vessel and landing limits, as specified in subsections (3) and (4) of this rule.

(2)(3) Eastern Region – Persons harvesting king mackerel for commercial purposes from the Gulf-Atlantic fishery 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 11, 2017 May 4, 2015) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel.

(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.

(3)(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.

(4)(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 (2)(3) and (4), under the following conditions:

(a) through (d) No change.

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, 10-12-15, 05-11-17.