8857863, 68B-23.004 - Florida Administrative Rules, Law, Code, Register

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Notice: 8857863

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SPANISH MACKEREL

Overview

RULE:

68B-23.004

Bag and Vessel Limits

PURPOSE:

The purpose of this rule amendment is to modify the Commission's Spanish Mackerel Rule to become consistent with federal Spanish mackerel regulations in the Atlantic Ocean. The South Atlantic Fisheries Management Council and the Gulf of Mexico Fisheries Management Council jointly manage Spanish mackerel under the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic Resources of the Atlantic and Gulf of Mexico. The Councils developed regulatory actions for the Atlantic Ocean Spanish mackerel stock in 2005 that shifted the start of the commercial fishing year one month earlier. In 2008, the corresponding commercial vessel limits were amended. The most recent stock assessment for Spanish mackerel was completed in 2008. The stock assessment indicated that overfishing was not occurring. However the Review Panel could not determine whether or not the stock was overfished. These rule amendments are being proposed to become consistent with federal rules to reduce confusion, aid compliance, and ease enforcement. Additionally, these rules were implemented in federal water to aid the commercial fishery by ensuring that the Spanish mackerel fishery is open in March when many other fisheries are closed to harvest.  SUMMARY: Rule 68B-23.004, F.A.C., (Commercial Fishing Season for Spanish Mackerel; Commercial Vessel Limits) would amend the Commissionâ€™s Spanish Mackerel Rule governing the commercial fishing year and the commercial vessel limits such that they are consistent with the recreational swordfish vessel limits in federally managed waters of the Atlantic Ocean as instituted by the National Marine Fisheries Service. The proposed Commission rule would change the commercial fishing season for Spanish mackerel from April 1 through March 31 to March 1 through the end of February and it would change the start date of the 3,500 pound vessel limit from April 1 to March 1.

SUMMARY:

Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

7/9/2010 Vol. 36/27

COMMENTS:

From 7/9/2010 To 7/30/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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