The purpose of these rule amendments is to modify the Commission's Billfish and Swordfish Rule to become consistent with federal swordfish regulations in the Gulf of Mexico and the Atlantic Ocean. NOAA Fisheries Service Highly Migratory Species ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

Rule No.: RULE TITLE
68B-33.0034: Swordfish: Recreational Bag and Possession Limits
68B-33.004: Size Limits
PURPOSE, EFFECT AND SUMMARY: The purpose of these rule amendments is to modify the Commission’s Billfish and Swordfish Rule to become consistent with federal swordfish regulations in the Gulf of Mexico and the Atlantic Ocean. NOAA Fisheries Service Highly Migratory Species Division developed regulatory actions for swordfish that became effective in 2007. The most recent stock assessment for swordfish was completed by the International Commission for the Conservation of the Atlantic Tunas in 2009. Based on this assessment, the Atlantic Swordfish stock is not overfished and is not experiencing overfishing. Additionally, the North Atlantic swordfish population is now fully rebuilt and biomass estimates are currently 5% above the target level. The effect of these rule amendments is to become consistent with federal rules to reduce confusion, aid compliance, and ease enforcement.

SUMMARY: Rule 68B-33.0034, F.A.C., (Swordfish: Recreational Bag and Possession Limits) would amend the Commission’s Billfish and Swordfish Rule governing the recreational vessel limits such that they are consistent with the recreational swordfish vessel limits in federally managed waters of the Gulf of Mexico and Atlantic Ocean as instituted by the National Marine Fisheries Service. The proposed Commission rule would change the recreational non-for-hire vessel maximum limit from three to four swordfish per vessel and would create a new vessel maximum limit for for-hire vessels of no more than the daily bag limit of swordfish multiplied by the number of customers fishing aboard, or 15 swordfish, whichever is less, additionally, the bag-limit would not be extended to captain and crew of for-hire vessels. 68B-33.004, F.A.C., (Size Limits) would be amended by removing the weight criteria for possession, leaving the lower jaw fork length, and the cleithrum to keel length as the only possession criteria for swordfish.

SPECIFIC 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: Bud Vielhauer, 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 RULES IS:

68B-33.0034 Swordfish: Recreational Bag and Possession Limits.

(1) Except as provided in subsections (2) and (3), no person shall harvest more than one swordfish per day or possess more than one swordfish while in or on the waters of the state, up to the following maximum vessel limits (consistent with the Federal Standard established in 50 C.F.R. § 635.22(f)):; provided, however, that the possession of more than three swordfish aboard any vessel with three or more persons is prohibited.

(a) possession of more than the daily bag limit of swordfish multiplied by the number of customers fishing aboard, or 15 swordfish, whichever is less, aboard any vessel licensed or operated by a person licensed to carry customers pursuant to Section 379.354(7), F.S., wherein a fee is paid either directly or indirectly for the purpose of taking or attempting to take saltwater fish, is prohibited,

(b) possession of more than four swordfish aboard any recreational, not-for-hire fishing vessel, or vessel not listed in paragraph (a), is prohibited.

(2) On any vessel licensed or operated by a person licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take saltwater fish, the applicable bag and possession limit specified in subsection (1) shall not extend to the operator of such vessel or any person employed as a crew member of such vessel (consistent with the Federal Standard established in 50 C.F.R. §635.22(f)).

(3)(2) This rule shall not apply to persons fishing pursuant to a saltwater products license and a federal Limited Access Permit (LAP) for swordfish issued pursuant to 50 C.F.R. § 635.4(f).

PROPOSED EFFECTIVE DATE: AUGUST 3, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-2-03, Amended 8-3-10.

 

68B-33.004 Size Limits.

(1) through (3) No change.

(4) No person shall harvest, possess in or on the waters of the state, or land, any swordfish with its head naturally attached that is less than 47 inches lower jaw fork length, or any swordfish that has had its head removed that is less than 29 inches cleithrum to keel length, or 33 pounds dressed weight. A swordfish that is damaged by shark bites may be retained only if the remainder of the carcass is at least 47 inches lower jaw fork length with its head is naturally attached or, 29 inches cleithrum to keel length if its head has been removed, or 33 pounds dressed weight (consistent with the Federal Standard established in 50 C.F.R. § 635.20(f)).

(5) No change.

PROPOSED EFFECTIVE DATE: AUGUST 3, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-99, Amended 10-1-02, 4-2-03, 8-3-10.