26621085, 68B-44.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26621085

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHARKS AND RAYS

Overview

RULE:

68B-44.004

Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

PURPOSE:

North Atlantic shortfin mako are large, highly migratory sharks with a wide geographic distribution, which makes cooperative and coordinated management by domestic and international agencies necessary for conservation.  According to a 2019 stock assessment by the International Commission for the Conservation of Atlantic Tunas (ICCAT), the stock is overfished and undergoing overfishing.  In response, National Oceanic and Atmospheric Administration (NOAA) Fisheries Highly Migratory Species (HMS) Division set the shortfin mako possession limit at zero for commercial and recreational harvesters in Atlantic and Gulf of Mexico federal waters and for HMS permit holders regardless of where they fish.  The Atlantic States Marine Fisheries Commission (ASMFC), a body that coordinates management of interjurisdictional fisheries in U.S. east coast state waters, modified their Coastal Sharks Interstate Fishery Management Plan (ISFMP) to require states to match the federal shortfin mako possession limits for both commercial and recreational fishing.  

At its November 2022 meeting, the Florida Fish and Wildlife Conservation Commission (FWC) set the shortfin mako recreational bag limit at zero in state waters to match regulations in adjacent federal waters and enabled the agency to make any future modifications to the shortfin mako bag limit through notice on the agency’s website.  The purpose of this federal consistency action is to create consistent regulations for state and federal waters, allow FWC to adjust the recreational bag limit to match any future increases to the federal possession limit, facilitate implementation of the ASMFC Coastal Sharks ISFMP, and further international efforts to end overfishing and rebuild the North Atlantic shortfin mako population.  The action is unlikely to impact recreational harvesters, as few landings of shortfin mako have been recorded in state waters.  Commercial harvest of shortfin mako in state waters is already prohibited.  Having uniform regulations between state and federal waters makes complying with fishing regulations easier for anglers.  The effects of this federal consistency action are to set the shortfin mako recreational bag limit at zero in all Florida waters and allow FWC to adjust the state waters recreational bag limit to match any future changes to the federal limit.

SUMMARY:

Jessica McCawley, Director, Division of Marine Fisheries Management, Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, Florida 32399

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

12/12/2022 Vol. 48/239

COMMENTS:

From 12/12/2022 To 1/2/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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