29028916, 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: 29028916

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:

Oceanic whitetip sharks are large, pelagic sharks found offshore in deeper waters of tropical and subtropical oceans worldwide.  This highly migratory species is managed cooperatively by both domestic and international partners. NOAA Fisheries recently listed this species as threatened under the federal Endangered Species Act (ESA).  Additionally, NOAA Fisheries’ Atlantic Highly Migratory Species (HMS) Division classified oceanic whitetip sharks as a prohibited species in U.S. federal waters of the Atlantic, Gulf of Mexico, and Caribbean to reduce mortality and promote conservation and recovery of the species.  In response, the Atlantic States Marine Fisheries Commission (ASMFC), which coordinates the species’ management in Atlantic state waters (Maine to Florida), modified the Coastal Sharks Interstate Fishery Management Plan (ISFMP) to set the commercial and recreational possession limits to zero for oceanic whitetip.  Florida is an ASMFC member state, and as such the Florida Fish and Wildlife Conservation Commission (FWC) is responsible for implementing the requirements for the ASMFC Coastal Sharks ISFMP in Florida state waters.  

At its Sept. 2024 meeting, the FWC Commissioners approved a federal consistency action that will complement federal efforts and facilitate implementation of the ASMFC Coastal Sharks ISFMP by adding oceanic whitetip to Florida’s list of prohibited shark species.  The effects of this federal consistency action will be the prohibition of landing, attempting to land, or harming the species in Florida state waters.  This action would make Florida’s regulations for oceanic whitetip shark consistent with U.S. federal waters of the Atlantic, Gulf of Mexico, and Caribbean as well as all other U.S. state waters of the Atlantic coast.  This action is unlikely to impact commercial or recreational harvesters as there have been no documented oceanic whitetip shark landings in Florida state waters.

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:

12/6/2024 Vol. 50/237

COMMENTS:

From 12/6/2024 To 12/27/2024 (21 Days)

REFERENCE MATERIALS:

No reference(s).

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