Purpose
Recent stock assessments have determined that the North Atlantic swordfish stock has recovered from prior overfishing and the stock is currently rebuilt. However, as a result of several factors, the U.S. has been unable to fully harvest the domestic swordfish quota. In an effort to revitalize the U.S. commercial swordfish fishery utilizing gears that minimize bycatch, NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal swordfish rules. These new rules: (1) created an open access commercial permit for swordfish harvest, (2) allowed for-hire vessels possessing a federal HMS Charter/Headboat to commercially harvest and sell swordfish when not operating as a vessel for-hire, (3) establish allowable gears and regional harvest limits for vessels fishing under the new and modified permits. The purpose of the new rules and rule amendments is to amend state swordfish rules to designate swordfish as a restricted species, allow fishermen operating pursuant to the new and modified federal commercial permits to land and sell swordfish in Florida, require dealers initially purchasing swordfish to possess a valid federal Atlantic swordfish dealer permit, define allowable gears in state waters and allow transit of swordfish legally harvested with other gears in federal waters, close state waters to commercial swordfish harvest if adjacent federal waters are closed, modify the cleithrum-keel minimum size length, and clarify federal rule references in state rules.
The effect of these rule amendments will be to make Florida’s commercial swordfish regulations more consistent with federal regulations, including the requirements for sale and commercial fishing seasons, and allow commercial fishermen possessing new and modified federal permits to harvest and sell swordfish in Florida. A restricted species designation would ensure that Florida’s commercial swordfish fishery remains professional, even with the new federal open access permit. Florida fishermen who make their living from commercial and for-hire fishing, who may already possess or qualify for a restricted species endorsement, would be able to join this new fishery. Changes in rule will also define allowable gears in state waters and include a provision to allow the transit of swordfish legally harvested in federal waters with other gears. Rule amendments would modify the cleithrum to keel size limit to maintain consistency with federal size measurements. Other effects of the new rules would clarify federal citations in state rule.