22317777, 68B-44.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 22317777

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHARKS AND RAYS

Overview

RULE:

68B-44.002	Definitions
68B-44.003	Size Limit; Landing in Whole Condition Requirement
68B-44.004	Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters
68B-44.007	Sale and Purchase Requirements

PURPOSE:

The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state shark regulations based on a requirement by the Atlantic States Marine Fisheries Commission (ASMFC) and recent federal changes.  The purpose of these rule amendments is to increase the recreational shortfin mako size limit from 54 to 83 inches fork length and clarify that commercial harvest is prohibited in state waters.

ASMFC recently adopted a requirement for states, including Florida, to increase recreational minimum size limits for shortfin mako sharks to match the federal size limit, or to implement an equivalent conservation measure, by Jan. 1, 2020.  To meet ASMFC’s requirement, this rule amendment would increase the shortfin mako recreational minimum size limit from 54 to 83 inches FL.  To commercially harvest sharks in state waters, all commercial vessels must have a federal shark limited-access permit and the only allowable gear type is hook and line.  Under federal regulations, commercial harvest of shortfin mako is only allowed when the shark is brought to the boat dead in the longline or gillnet fishery.  Because those gear are prohibited in state waters, and because all commercial vessels must have the federal limited-access permit, no commercial harvest of shortfin mako is allowed in Florida state waters.  Therefore, this rule amendment would clarify that commercial harvest of shortfin mako is prohibited in Florida state waters. Additionally, this rule amendment will also include minor, non-substantive technical changes to current rule language.

SUMMARY:

These rule amendments will modify state shark regulations to increase the shortfin mako recreational size limit as required by ASMFC, clarify that commercial harvest of shortfin mako in state waters is prohibited due to recent federal changes and current state regulations, and make minor, non-substantive technical changes to current rule language.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

8/28/2019 Vol. 45/168

COMMENTS:

From 8/28/2019 To 9/18/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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