22019308, 68B-23.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 22019308

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SPANISH MACKEREL

Overview

RULE:

68B-23.001	Designation as Restricted Species
68B-23.002	Definitions
68B-23.003	Size Limit; Landed in Whole Condition Requirement
68B-23.0035	Size Limit (Repealed)
68B-23.004	Bag and Vessel Limits
68B-23.005	Open and Closed Seasons for the Harvest of Spanish Mackerel
68B-23.006	Allowable Gear; Prohibited Gear
68B-23.011	Other Prohibitions

PURPOSE:

The purpose of the rule amendments is to modify commercial Spanish mackerel vessel limit regulations for Atlantic state waters by reinstating in-season vessel limit reductions that are consistent with those in adjacent federal waters. In addition, rule formatting would be standardized consistent with the Marine Fisheries Rule Cleanup process to clarify, streamline, and reorganize the regulations found in 68B-23, Florida Administrative Code (F.A.C.).
Spanish mackerel is managed jointly by the Gulf of Mexico and South Atlantic fishery management councils in federal waters, and by the Florida Fish and Wildlife Conservation Commission (FWC) in state waters. On the Atlantic coast, most commercial harvest occurs in state waters, where the fishery consists of three gear components that fish at different times throughout the season.  
The Atlantic commercial fishery is managed through a series of in-season vessel limit reductions known as “step-downs” that help keep harvest open in federal waters while ensuring all three gear components have access to the state waters fishery. In state waters from March through November, the vessel limit is 3500 lbs. per day. Starting December 1, the vessel limit remains at 3500 lbs. on weekdays, but drops to 1500 lbs. on weekends only. The vessel limit may be further reduced to 1500 lbs. daily, then 500 lbs., based on triggers in federal rule. However, the federal rules that trigger the 1500 and 500 lb. step-downs have changed, which means that these step-downs are no longer occurring in state waters.  
The effect of these rule amendments is to help reduce confusion about state regulations by aligning in-season vessel limit reductions in state and federal rules, constrain harvest near the federal quota, and allow access for all components of the fishery. It will also provide clarification and standardized language for the Commission’s current Spanish mackerel regulations for improved public understanding without changing the regulation intent and will improve consistency across marine fisheries rules.

SUMMARY:

These rule amendments will reinstate the commercial Spanish mackerel in-season vessel limit reductions in Atlantic state waters to 1500 lbs. and 500 lbs. if vessel limits in adjacent federal waters are reduced to 1500 lbs. or 500 lbs., respectively. Additional proposed changes are either organizational or an adoption of previously approved standardized language that improves consistency across marine fisheries rules.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

6/20/2019 Vol. 45/120

COMMENTS:

From 6/20/2019 To 7/11/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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