16302613, 68B-12.0046 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16302613

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

KING MACKEREL RESOURCE RENEWAL

Overview

RULE:

68B-12.0046	Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Seasons; Vessel and Landing Limits
68B-12.006	Other Prohibitions

PURPOSE:

Since 2013, the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council have made several modifications to the management of the commercial king mackerel fishery in federal waters adjacent to Florida that resulted in different regulations for adjacent state and federal waters.  The proposed state rule changes are consistent with recent changes in adjacent federal waters.  Specifically, these changes would make commercial king mackerel vessel limits in the Gulf-Atlantic fishery equal to commercial vessel limits in adjacent federal waters and establish a transit provision that would allow transport of legal commercial king mackerel harvest through closed areas for landing.  The proposed rule amendment would also clarify existing rule language that closes state waters of the Gulf-Atlantic fishery to commercial king mackerel harvest when adjacent federal waters are closed.

The proposed rule amendment would also eliminate unnecessary language specifying commercial fishing seasons for king mackerel in the Gulf-Atlantic fishery. This rule was originally intended to give the Commission the ability to close state waters to commercial harvest of these species when adjacent federal waters were closed due to federal quotas being met or exceeded.  However, state rules that specify commercial fishing seasons for king mackerel are no longer necessary to enforce commercial closures and can be removed.  Florida’s king mackerel regulations for the Gulf-Atlantic fishery (68B-12) now requires commercial fishermen harvesting king mackerel to abide by federal season closures in adjacent state waters, so listing these commercial fishing seasons in state rules is no longer necessary. 

Finally, the proposed rule amendment would create a reference in existing state king mackerel rule to proposed rules in 68B-2, FAC establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.  
	
The effect of these rule changes is that commercial king mackerel trip limits, transit allowances, and closures are consistent in adjacent state and federal waters off Florida for the Gulf-Atlantic fishery.  Removal of unnecessary and confusing language will make commercial regulations easier to understand.  These changes will improve enforceability of state rules and provide flexibility for fishermen operating in multiple regions and reduces the likelihood of early season closures in some regions. Also, mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.

SUMMARY:

The proposed rule changes for the Gulf-Atlantic fishery: 1) set king mackerel commercial vessel trip limits in state waters equal to commercial vessel trip limits in adjacent federal waters, 2) establish a transit provision to allow transport of legally-harvested king mackerel through closed areas and permits the landing of these fish in closed areas, 3) clarify that state waters are closed to commercial harvest of king mackerel when adjacent federal waters are closed, and 4) remove references to commercial king mackerel fishing season dates in FWC rule. The proposed rule would also create a reference in 68B-12.006, FAC (Other Prohibitions) to the proposed mackerel tournament donation permit, outlined in 68B-2.010.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

8/4/2015 Vol. 41/150

COMMENTS:

From 8/4/2015 To 8/25/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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