11356486, 68B-33.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11356486

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BILLFISH AND SPEARFISH

Overview

RULE:

68B-33.003	Size Limits; Landed in Whole Condition Requirement
68B-33.004	Recreational Aggregate Bag Limit for Billfish; Commercial Harvest Prohibited

PURPOSE:

The purpose of this rule amendment is to allow roundscale spearfish to be harvested under the state’s billfish possession limit by removing it from the prohibited list and creating a size limit. This rule amendment will also add roundscale spearfish to the possession limit exceptions for taxidermists, seafood businesses, and restaurants. Roundscale spearfish are remarkably similar in appearance to the white marlin, including size, shape, and color which led to a scientific debate over the fish being a separate species. In 2006, scientific research showed roundscale spearfish to be a separate species and was recognized by NOAA Fisheries Highly Migratory Species Division (HMS) as a “new” billfish species. Prior to this research, roundscale spearfish was essentially being regulated the same as white marlin in federal waters due to their similar appearance. In light of these findings, HMS passed a rule that began January 1, 2011 recognizing the roundscale spearfish as a separate species, but continued to manage them the same as white marlin. To have compatible rules between Florida waters and adjacent federal waters, FWC rules should be modified to allow the harvest of roundscale spearfish, regulating them the same as white marlin. Allowing them to be harvested under the same bag and size limits as the white marlin will remove the identification issue and help fisheries managers better estimate both white marlin and roundscale spearfish populations because roundscale spearfish will not be incorrectly counted as white marlin and will be counted as roundscale spearfish.

SUMMARY:

68B-33.003 (Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition                  of Sale; Exception; Gear Restrictions) would be amended to remove the roundscale spearfish from the prohibited list and add it to the marlin and sailfish one fish recreational bag and possession limit of one blue marlin, white marlin, or sailfish, either individually or in combination at any time. The roundscale spearfish would also be added to the possession limit exceptions for taxidermists mounting the fish for the harvester and for wholesale and retail seafood businesses and restaurants for the limited purpose of smoking the fish for the harvester.  68B-33.004 (Size Limits) would be amended to create a size limit for roundscale spearfish of 66 inches lower jaw fork length (LJFL).

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

4/6/2012 Vol. 38/14

COMMENTS:

From 4/6/2012 To 4/27/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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