12976580, 68B-43.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12976580

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BLUEFISH

Overview

RULE:

68B-43.001	Purpose and Intent; Designation as a Restricted Species
68B-43.002	Definitions
68B-43.003	Size Limit; Landed in Whole Condition Requirement
68B-43.004	Bag and Vessel Limits
68B-43.005	Commercial Season

PURPOSE:

When the FWC’s bluefish rule was updated in 1995 following the adoption of the Net Limitation Amendment, an allowance for the use of gear which is illegal in state waters was inadvertently left in.  The rule also includes an outdated commercial quota implemented under the Mid-Atlantic Fishery Management Council’s (MAFMC) Fishery Management Plan for the Bluefish Fishery (FMP), which was written in cooperation with Atlantic States Marine Fisheries Commission and South Atlantic Fishery Management Council.  The current quota is updated annually, while the rule references a static quota set in 1995.  The purpose of this rule amendment is to remove outdated provisions; clarify that the size limit, landed in whole condition requirement, and recreational bag limit extend into federal waters; and reformat the rule to conform to the new style developed under the FWC’s 68B rule cleanup process.

SUMMARY:

The rule amendments would remove gear specifications for the bluefish fishery which are inconsistent with statewide gear regulations, the Florida Constitution, and the federal net fisheries in which bluefish are taken as bycatch.  The rule amendments would also allow the commercial fishery on the Atlantic coast to remain open until the annual quota set by the MAFMC and NOAA Fisheries is met.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

5/8/2013 Vol. 39/90

COMMENTS:

From 5/8/2013 To 5/29/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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