68B-12.0046: Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Season Segments, Vessel and Landing Limits
PURPOSE AND EFFECT: The purpose of this rule amendment is to allow king mackerel to be landed in Collier County, a closed area, when they are caught in nearby waters of Monroe County that are open to harvest. This proposed rule amendment was requested by the commercial king mackerel industry because the current king mackerel landing regulations create an economic burden on commercial fisherman located in Collier County. These fishermen are currently required to transport their legally-harvested king mackerel to the Keys to land and sell their legally-caught king mackerel because there are no wholesale fish dealers in mainland Monroe County near Collier County. The effect of this rule would be to remove an economic burden to commercial king mackerel fisherman based in Collier County by allowing the landing of king mackerel in Collier County when the king mackerel are harvested from open waters adjacent to mainland Monroe County.
SUBJECT AREA TO BE ADDRESSED: Subject areas to be addressed in the rule development notice include the landing of commercially caught king mackerel.
RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jessica McCawley, Director, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-0554
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
68B-12.0046 Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Season Segments, Vessel and Landing Limits.
(1) through (3) No change.
(4) Western Region – Persons harvesting king mackerel for commercial purposes from waters of the Western Region shall have a season that begins on July 1 of each year and continues through June 30 of the following year, unless closed sooner by operation of this subsection. These persons shall be subject to commercial vessel limits effective during segments of the season as follows:
(a) through (d) No change.
(e) King mackerel may be landed from April 1 through June 30 in Collier County when the Western Region of the Gulf-Atlantic Fishery has been closed, under the following conditions:
1. The king mackerel have been legally harvested from adjacent state or federal waters off Monroe County pursuant to Chapter 68B-30, F.A.C. or pursuant to Part 622 of the Code of Federal Regulations (CFR) for Atlantic migratory group king mackerel,
2. The king mackerel have been harvested pursuant to a Florida saltwater products license and restricted species endorsement (Section 379.362, F.S.) and a federal king mackerel permit (Part 622 CFR),
3. The transport of king mackerel through the closed state waters off Collier County is continuous and direct from the area open to harvest to the place of landing, and
4. All fishing gear is stowed during transit through the closed area.
(5) No change.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 10-1-90, Amended 12-4-91, 11-29-93, 12-28-95, 1-1-97, 1-1-98, Formerly 46-12.0046, Amended_________.