Section 68B-12.004 - Bag Limits(1) Except as provided in Rule 68B-12.0046, F.A.C., each person harvesting king mackerel from the Gulf-Atlantic fishery shall be subject to a bag limit of three fish per person, per day (consistent with the Federal Standard established in 50 C.F.R. §622.382(a)(1)(ii) as of May 11, 2017), unless and until the bag limit is reduced to one fish per person, per day pursuant to subsection 68B-12.0045(2), F.A.C.(2) Except as provided in Rule 68B-12.0046, F.A.C., or subsection (3) of this rule, no person shall possess while in, on, or above the waters of the Gulf-Atlantic fishery or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more than the applicable bag limit for king mackerel specified in subsection (1), of this rule.(3) Consistent with Federal Standards, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(ii) as of March 26, 2021).(4) Except as provided in subsection (3), possession of king mackerel in excess of the bag limit specified in subsection (1) of this rule, by any person aboard a vessel fishing in the Gulf-Atlantic fishery constitutes a violation of this rule.(5) Annual Season Harvest Limit Adjustment - The goal of the Commission is to rebuild the king mackerel spawning stock biomass in the Gulf-Atlantic fishery, consistent with federal management measures, if in the best interests of the fishery and residents of the state, so that the species is no longer considered overfished and maximum practicable sustainable stock abundance may be maintained. To achieve that goal the Commission will manage the recreational Gulf-Atlantic fishery by means of fishery-wide two-step bag and possession limits without season closures. It is the intention of the Commission to adjust no more frequently than on an annual basis the bag and possession limits specified in subsections (1) and (2), of this rule, if adjustment is necessary to attain progress toward the goal stated above. The following procedure shall be used by the Commission to annually adjust the recreational bag and possession limits, if necessary: (a) Any adjustment to the bag and possession limits shall be applicable beginning on July 1 and be in effect for at least one calendar year. Once adjusted, the bag and possession limits shall remain in place until adjusted again pursuant to this subsection.(b) By June 1 of each year in which adjustment of the recreational bag and possession limits is contemplated for the coming season, the Commission shall hold a public hearing to which all interested persons are invited. The meeting shall be noticed in accordance with Section 120.525, F.S.(c) The adjusted bag and possession limits shall be published by notice in the Florida Administrative Register and in at least three major newspapers in coastal regions of the state within the fishery. The notices shall be published by June 15.Fla. Admin. Code Ann. R. 68B-12.004
Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const.
New 12-20-84, Formerly 46-12.04, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.004, Amended by Florida Register Volume 43, Number 095, May 16, 2017 effective 5/11/2017, Amended by Florida Register Volume 47, Number 154, August 10, 2021 effective 8/25/2021.New 12-20-84, Formerly 46-12.04, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.004, Amended 5-11-17, 8-25-21.