18874471, 68B-12.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 18874471

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

KING MACKEREL RESOURCE RENEWAL

Overview

RULE:

68B-12.002	Definitions
68B-12.004	Bag Limits
68B-12.0046	Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Seasons; Vessel and Landing Limits

PURPOSE:

NOAA Fisheries recently approved several changes to federal king mackerel regulations based on stock assessment results and scientific analysis that indicate catch limits may be increased and regional management zones should be revised.  The approved federal changes include 1) establishment of a year-round management boundary between the Gulf and Atlantic stocks of king mackerel at the Monroe—Miami-Dade county line, 2) modifications to Atlantic commercial vessel limits and seasons, 3) an allowance for limited retention and sale of king mackerel caught as bycatch in the federal Atlantic shark gill-net fishery, and 4) an increase in the Gulf recreational bag limit from two to three fish.  These changes are intended to balance harvester access to the resource during periods of high demand while mitigating quota closures later in the fishing seasons, allow commercial fishermen to retain and sell incidental catches of king mackerel that would otherwise be discarded dead, and enable the recreational sector to harvest more of their quota.  These changes will take effect in federal waters on May 11, 2017, and are largely supported by recreational and commercial harvesters.  

At its April 2017 meeting, the Florida Fish and Wildlife Conservation Commission modified king mackerel regulations in state waters based on the federal rule changes described above.  These state regulation changes 1) revise the management boundary between the king mackerel fishery in state waters of the Gulf of Mexico (known in Commission rules as the Gulf-Atlantic fishery) and the king mackerel fishery in state waters of the Atlantic Ocean to be the Monroe—Miami-Dade county line year-round, 2) remove outdated rule language pertaining to the Gulf-Atlantic fishery’s Eastern and Western regions, 3) modify and streamline state rule language for king mackerel commercial vessel limits to clarify that commercial harvesters in state waters are subject to commercial vessel limits applicable in adjacent federal waters, 4) specify that king mackerel legally harvested in Atlantic federal waters by the commercial fishery may be sold, and 5) increase the king mackerel recreational bag limit from two to three fish per person for state waters of the Gulf of Mexico and Monroe County.  The purpose of these rules is to achieve consistency between the Commission’s king mackerel regulations and regulations in adjacent federal waters.  

The effect of the rule amendments are that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for king mackerel in the Gulf of Mexico and the Atlantic Ocean.  A single year-round boundary between the Gulf and Atlantic king mackerel fisheries will better reflect the biological boundary between the stocks and simplify regulations.  Consistent and streamlined commercial vessel limits will ease compliance and reduce confusion for commercial harvesters, while also promoting efforts to provide access to king mackerel during peak seasons and alleviate federal commercial quota closures.  Allowing commercial fishermen to sell fish legally harvested in Atlantic federal waters will reduce regulatory dead discards of king mackerel.  The recreational bag limit increase will allow anglers in the Gulf greater access to their quota and create consistent regulations across state and federal waters.

SUMMARY:

Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850) 487-0554.

RULEMAKING AUTHORITY:

(formerly “Specific Authority”): Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

LAW:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

PRINT PUBLISH DATE:

4/20/2017 Vol. 43/77

COMMENTS:

From 4/20/2017 To 5/11/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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