13858601, 68B-58.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13858601

Notice of Development of Rulemaking

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

Swordfish

Overview

RULE:

68B-58.001	Designation as a Restricted Species
68B-58.005	Commercial Seasons
68B-58.006	Allowed and Prohibited Gear and Method of Harvest

PURPOSE:

NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal commercial swordfish rules.  These new rules: (1) created a new, open access commercial permit for swordfish harvest, (2) allow for-hire vessels that possess a federal HMS Charter/Headboat permit to commercially harvest and sell swordfish when not operating as a vessel for-hire, and (3) set regional bag limits and allowable gears for vessels fishing under these new permits.    The purpose of this rule development notice is to modify state swordfish rules to designate swordfish as a restricted species, establish allowable gears in state waters, allow fishermen operating under new and modified federal commercial swordfish permits to land and sell fish in Florida, require wholesale dealers purchasing swordfish to obtain a federal Atlantic swordfish dealer permit, update size limits, and clarify federal citations in state rules.

The effect of these rule amendments would be that Florida commercial swordfish rules, including seasons and requirements for sale, would be consistent with federal rules.  Florida fishermen fishing under the new federal regulations would be allowed to land and sell their catch in Florida.  The size limit for swordfish would also be applied consistently in state and adjacent federal waters.  Additionally, designating swordfish as a restricted species would ensure that the swordfish commercial fishery is limited to people who make their living from commercial or for-hire fishing.  Other effects include that allowable gears for swordfish harvest in state waters would be clarified, and by updating federal rule citations in state swordfish rules, constituents would know which version of the federal rules is being referenced.

SUBJECT:

Subject areas addressed in the rule development notice include designation as a restricted species, commercial seasons, gear restrictions and other subjects encompassed by the above-cited possible rules.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

11/22/2013 Vol. 39/228

RELATED STATUTES
AND LAWS:

Art. IV, Sec. 9, Florida Constitution., Art. IV, Sec. 9, Florida Constitution.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=68B-58.001&PDate=11/22/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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