13982567, 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: 13982567

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

Swordfish

Overview

RULE:

68B-58.001	Designation as a Restricted Species
68B-58.003	Size Limits
68B-58.004	Bag and Vessel Limits; Exceptions for Commercial Harvest
68B-58.005	Commercial Seasons
68B-58.006	Allowed and Prohibited Gear and Method of Harvest
68B-58.007	Requirements for Sale
68B-58.011	Reporting Requirement for Non-tournament Landings

PURPOSE:

Recent stock assessments have determined that the North Atlantic swordfish stock has recovered from prior overfishing and the stock is currently rebuilt.  However, as a result of several factors, the U.S. has been unable to fully harvest the domestic swordfish quota.  In an effort to revitalize the U.S. commercial swordfish fishery utilizing gears that minimize bycatch, NOAA Fisheries Highly Migratory Species (HMS) Division recently implemented new federal swordfish rules.  These new rules: (1) created an open access commercial permit for swordfish harvest, (2) allowed for-hire vessels possessing a federal HMS Charter/Headboat to commercially harvest and sell swordfish when not operating as a vessel for-hire, (3) establish allowable gears and regional harvest limits for vessels fishing under the new and modified permits.  The purpose of the new rules and rule amendments is to amend state swordfish rules to designate swordfish as a restricted species, allow fishermen operating pursuant to the new and modified federal commercial permits to land and sell swordfish in Florida, require dealers initially purchasing swordfish to possess a valid federal Atlantic swordfish dealer permit, define allowable gears in state waters and allow transit of swordfish legally harvested with other gears in federal waters, close state waters to commercial swordfish harvest if adjacent federal waters are closed, modify the cleithrum-keel minimum size length, and clarify federal rule references in state rules.

The effect of these rule amendments will be to make Florida’s commercial swordfish regulations more consistent with federal regulations, including the requirements for sale and commercial fishing seasons, and allow commercial fishermen possessing new and modified federal permits to harvest and sell swordfish in Florida.  A restricted species designation would ensure that Florida’s commercial swordfish fishery remains professional, even with the new federal open access permit.  Florida fishermen who make their living from commercial and for-hire fishing, who may already possess or qualify for a restricted species endorsement, would be able to join this new fishery.  Changes in rule will also define allowable gears in state waters and include a provision to allow the transit of swordfish legally harvested in federal waters with other gears.  Rule amendments would modify the cleithrum to keel size limit to maintain consistency with federal size measurements.  Other effects of the new rules would clarify federal citations in state rule.

SUMMARY:

68B-58.001 will be created to designate swordfish as a restricted species. 68B-58.003 will be amended to modify the minimum cleithrum to keel length measurement to be 25 inches.  Rule 68B-58.004 will be given a new title and amended to provide exceptions from recreational bag and vessel limits to persons commercially harvesting swordfish pursuant to the new federal Swordfish General Commercial permit or a federal HMS Charter/Headboat permit when not operating as a vessel for-hire.  68B-58.005 will be created to clarify state waters will close to commercial harvest of swordfish when adjacent federal waters close.  68B-58.006 will be created to clarify that hook and line is the only allowable gear to harvest swordfish in state waters, and also allow swordfish legally harvested with other gears in federal waters to transit though state waters.  Requirements for sale will be modified in 68B-58.007 to require a restricted species endorsement to sell swordfish, allow commercial fishermen operating under the federal Swordfish General Commercial permit or a federal HMS Charter/Headboat permit when not operating as a vessel for-hire to sell swordfish and require wholesale dealers initially purchasing swordfish to possess a federal Atlantic swordfish dealer permit.  Federal rule references will be modified in 68B-58.011 to update the federal citation in this subsection.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

12/26/2013 Vol. 39/248

COMMENTS:

From 12/26/2013 To 1/16/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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