Section 68B-12.0046 - Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Seasons; Vessel and Landing Limits(1) Any person harvesting or possessing king mackerel in excess of the bag and possession limits specified in Rule 68B-12.004, F.A.C. in the Gulf-Atlantic fishery shall also possess a valid saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel.(2) Persons harvesting king mackerel for commercial purposes from the Gulf-Atlantic fishery shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. §622.385(a)(2) (as of May 11, 2017) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel.(3) Season closures - If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel, corresponding state waters shall also be closed to commercial harvest of king mackerel, beginning from the date of such closure until federal waters are reopened to commercial harvest of king mackerel.(4) Transit provisions - A vessel that has onboard king mackerel harvested from an open area in either state or federal waters may transit through and land king mackerel in state waters that are closed to the harvest of king mackerel pursuant to subsection (2), under the following conditions: (a) The king mackerel have been legally harvested from state or federal waters pursuant to Chapters 68B-12 and 68B-30, F.A.C., or pursuant to Part 622 C.F.R. for king mackerel;(b) The king mackerel have been harvested pursuant to a Florida saltwater products license and restricted species endorsement (Section 379.362, F.S.) and a federal king mackerel permit (Part 622 C.F.R.);(c) The transport of king mackerel through the closed state waters is direct, continuous and expeditious from the area open to harvest to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold; and,(d) All fishing gear must be stowed during transit through the closed area. For the purpose of this section appropriately stowed means a rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.(5) Notice of the closure of each season segment described in subsection (5) of this rule shall be given by the Commission in the manner provided in Section 120.81(5), F.S.Fla. Admin. Code Ann. R. 68B-12.0046
Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const.
New 10-1-90, Amended 12-4-91, 11-29-93, 12-28-95, 1-1-97, 1-1-98, Formerly 46-12.0046, Amended 4-1-12, Amended by Florida Register Volume 41, Number 189, September 29, 2015 effective 10/12/2015, Amended by Florida Register Volume 43, Number 095, May 16, 2017 effective 5/11/2017.New 10-1-90, Amended 12-4-91, 11-29-93, 12-28-95, 1-1-97, 1-1-98, Formerly 46-12.0046, Amended 4-1-12, 10-12-15, 5-11-17.