Section 68B-23.004 - Bag and Vessel Limits(1) Recreational Bag Limit -(a) A recreational harvester may not harvest from Florida Waters more than 15 Spanish mackerel per day. Except as provided in paragraph (d), a recreational harvester may not possess in or on Florida Waters, on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more than 15 Spanish mackerel.(b) The captain or crew of a vessel for hire may each temporarily possess more than the applicable possession limit for Spanish mackerel, once the vessel is docked, for the limited purposes of transporting, cleaning, or storing fish for customers, so long as the fish are segregated in bags or other containers by the customer and the customer has given written authorization to the captain to temporarily possess the fish for such limited purposes. The authorization shall remain attached to the bag or container containing the fish until they are returned to the customer.(c) Spanish mackerel recreationally harvested may not be transfered between vessels within Florida Waters.(d) Exception. 1. Consistent with Federal Standards, any person harvesting Spanish mackerel in the East Coast Region pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 24 hours may possess 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 length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(i) as of March 26, 2021).2. Consistent with Federal Standards, any person harvesting Spanish mackerel in the West Coast Region 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).(2) Commercial Regional Vessel Limits -(a) East Coast Region - 1. Beginning on March 1 and continuing through November 30 of each year, unless the provisions of subparagraphs 3. or 4. apply, a harvest, landing, and possession limit of 3, 500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 3, 500 pounds of Spanish mackerel.2. Unless the provisions of subparagraphs 3. or 4. apply, the following harvest, landing, and possession limits shall apply beginning on December 1 each year and continuing through the end of the current season as specified in subsection 68B-23.005(2), F.A.C.: a. On Monday through Friday during this period, a harvest, landing, and possession limit of 3, 500 pounds of Spanish mackerel per vessel per day shall apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 3, 500 pounds of Spanish mackerel.b. On Saturday through Sunday during this period, a harvest, landing, and possession limit of 1, 500 pounds of Spanish mackerel per vessel per day shall apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 1, 500 pounds of Spanish mackerel.3. A harvest, landing, and possession limit of 1, 500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region from the date the commercial vessel limit in adjacent federal waters is reduced to 1, 500 pounds of Spanish mackerel until the end of the current season as specified in subsection 68B-23.005(2), F.A.C., unless the provisions of subparagraph 4. apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 1, 500 pounds of Spanish mackerel.4. A harvest, landing, and possession limit of 500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region from the date the commercial vessel limit in adjacent federal waters is reduced to 500 pounds of Spanish mackerel or from the date the commercial harvest of Spanish mackerel in adjacent federal waters is closed, whichever occurs first, and until the end of the current season as specified in subsection 68B-23.005(2), F.A.C. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 500 pounds of Spanish mackerel.5. In the East Coast Region, a "day" starts at 6:00 a.m. (local time), and extends for 24 hours. For example, Monday starts at 6:00 a.m. on Monday and extends until 6:00 a.m. on Tuesday. A commercial harvester aboard a vessel terminating a trip prior to 6:00 a.m., but who possesses Spanish mackerel aboard the vessel after that time shall not be considered to possess Spanish mackerel in excess of the daily limits provided the vessel is not underway after 6:00 a.m. and such Spanish mackerel are unloaded prior to 6:00 p.m. following termination of the trip.6. A commercial harvester may not transfer Spanish mackerel between vessels within the East Coast Region.(b) West Coast Region - There are no commercial vessel limits applicable in the West Coast Region. However, if at any time adjacent federal waters are closed to commercial harvest of Spanish mackerel, a limit of 500 pounds of Spanish mackerel per vessel per day shall apply in the West Coast Region for the remainder of the season as specified in subsection 68B-23.005(2), F.A.C. During this period, commercial harvesters aboard a vessel in the West Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 500 pounds of Spanish mackerel.(c) Notice of commercial regional vessel limit changes pursuant to paragraphs (a) or (b) will be given by the Executive Director of the Fish and Wildlife Conservation Commission in the manner provided in section 120.81(5), F.S.Fla. Admin. Code Ann. R. 68B-23.004
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 10-30-86, Amended 12-10-87, 10-1-88, 11-1-89, 10-1-90, 11-26-92, 11-29-93, 9-30-96, 12-2-96, 1-1-98, Formerly 46-23.004, Amended 1-1-01, 8-3-10, Amended by Florida Register Volume 45, Number 162, August 20, 2019 effective 9/5/2019, Amended by Florida Register Volume 47, Number 154, August 10, 2021 effective 8/25/2021.New 10-30-86, Amended 12-10-87, 10-1-88, 11-1-89, 10-1-90, 11-26-92, 11-29-93, 9-30-96, 12-2-96, 1-1-98, Formerly 46-23.004, Amended 1-1-01, 8-3-10, 9-5-19, 8-25-21.