Under limited circumstances, in state waters, passengers on for-hire trips that span more than 24 hours may possess and land double the bag limit for reef fish. Federal regulations also allow passengers on multi-day for-hire ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-12.004Bag Limits

PURPOSE, EFFECT AND SUMMARY: Under limited circumstances, in state waters, passengers on for-hire trips that span more than 24 hours may possess and land double the bag limit for reef fish. Federal regulations also allow passengers on multi-day for-hire trips in federal waters to possess and land over the daily bag limit under limited circumstances. However, the timeframes, species, and bag/possession limits allowed by current federal rules differ from state rule.

While most of these multi-day for-hire trips primarily occur in federal waters, consistent regulations for multi-day for-hire bag limits between state and federal waters will reduce regulatory confusion and aid in enforcement. This federal consistency action will update FWC rules regarding these trips for king mackerel to be consistent with rules for federal waters of the Atlantic and Gulf of Mexico.

At its May 2021 meeting, the Florida Fish and Wildlife Conservation Commission approved to update state multi-day for-hire regulations of be consistent with rules in adjacent federal waters. The purpose of this federal consistency action is to create consistency between state and federal waters in the Atlantic and Gulf of Mexico in order to ease regulatory compliance and aid in enforcement. These proposed rules are not expected to significantly increase harvest or negatively impact conservation of king mackerel because these trips occur infrequently, especially in state waters. The effects of this federal consistency action are to establish multi-day bag limits for king mackerel on for-hire trips under limited circumstances that are consistent with those in adjacent federal waters, thereby reducing regulatory confusion for fishermen and aid in enforcement.

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-12.004 Bag Limits.

(1) No change.

(2) Except as provided in Rule 68B-12.0046, F.A.C., or subsection (3) of this rule, no person shall possess while in, on, or above the waters of the Gulf-Atlantic fishery or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more than the applicable bag limit for king mackerel specified in subsection (1) of this rule.

(3) Consistent with Federal Standards, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(ii) as of March 26, 2021).

(4) Except as provided in subsection (3), possession of king mackerel in excess of the bag limit specified in subsection (1) of this rule, by any person aboard a vessel fishing in the Gulf-Atlantic fishery constitutes a violation of this rule.

(4) renumbered as (5). 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 5-11-1, 7-1-21.