8858154, 68B-33.0034 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8858154

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BILLFISH AND SPEARFISH

Overview

RULE:

68B-33.0034	Swordfish: Recreational Bag and Possession Limits (Repealed)
68B-33.004	Recreational Aggregate Bag Limit for Billfish; Commercial Harvest Prohibited

PURPOSE:

The purpose of these rule amendments is to modify the Commission's Billfish and Swordfish Rule to become consistent with federal swordfish regulations in the Gulf of Mexico and the Atlantic Ocean. NOAA Fisheries Service Highly Migratory Species Division developed regulatory actions for swordfish that became effective in 2007. The most recent stock assessment for swordfish was completed by the International Commission for the Conservation of the Atlantic Tunas in 2009. Based on this assessment, the Atlantic Swordfish stock is not overfished and is not experiencing overfishing. Additionally, the North Atlantic swordfish population is now fully rebuilt and biomass estimates are currently 5% above the target level. The effect of these rule amendments is to become consistent with federal rules to reduce confusion, aid compliance, and ease enforcement.  SUMMARY: Rule 68B-33.0034, F.A.C., (Swordfish: Recreational Bag and Possession Limits) would amend the Commissionâ€™s Billfish and Swordfish Rule governing the recreational vessel limits such that they are consistent with the recreational swordfish vessel limits in federally managed waters of the Gulf of Mexico and Atlantic Ocean as instituted by the National Marine Fisheries Service. The proposed Commission rule would change the recreational non-for-hire vessel maximum limit from three to four swordfish per vessel and would create a new vessel maximum limit for for-hire vessels of no more than the daily bag limit of swordfish multiplied by the number of customers fishing aboard, or 15 swordfish, whichever is less, additionally, the bag-limit would not be extended to captain and crew of for-hire vessels. 68B-33.004, F.A.C., (Size Limits) would be amended by removing the weight criteria for possession, leaving the lower jaw fork length, and the cleithrum to keel length as the only possession criteria for swordfish.

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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