King Mackerel - Atlantic 68B-30.001 King Mackerel Atlantic Fishery; Purpose and Intent; Designation as Restricted Species.-- (1) The purpose and intent of this chapter are to protect, manage, conserve, and replenish Florida's Atlantic Group of king mackerel, species Scomberomorus cavalla. The chapter is intended to complement Rule chapter 68B-12, F.A.C., which regulates the Gulf-Atlantic King Mackerel fishery. Initial measures to reduce fishing pressure on the Atlantic group of king mackerel include special bag limits, bag limits for other harvesters, and season closure for harvesters fishing under the special bag limit to coincide with closures in adjacent federal (EEZ) waters. (2) King mackerel is hereby designated a restricted species pursuant to Section 370.01(20), Florida Statutes. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-15-87, Amended 11-1-88, Formerly 46-30.001. 68B-30.002 Definitions. As used in this Chapter: (1) "Atlantic fishery" means Florida waters designated as follows, and all king mackerel in those waters: Between November 1 and March 31 of the following years, the Atlantic fishery consists of all Florida waters in the Atlantic Ocean north of a line extended due east from the coastal boundary between Volusia and Flagler counties (29 deg. 25 min. N. latitude). Between April 1 and October 31 of each year, the Atlantic fishery consists of all Florida waters in the Atlantic Ocean and all Florida waters in the Gulf of Mexico south of a line extended due west from the coastal boundary between Monroe and Collier Counties (25 deg. 48 min. N. latitude). (2) "Harvest," used in reference to activities of a person or a boat, means catching a king mackerel in or from the water by any means, then reducing the fish to possession. A king mackerel that is caught but immediately returned to the water free, alive, and unharmed is not harvested. (3) "King mackerel", also commonly referred to as "kingfish", means any fish of the species Scomberomorus cavalla, or any part thereof. (4) "Spearing" means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking). Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-15-87, Amended 11-1-88, 1-1-98, Formerly 46-30.002. 68B-30.0025 Size Limit.-- (1) No person shall harvest from the waters of the Atlantic Fishery or land any king mackerel with a fork length less than 24 inches, measured from the tip of the snout to the rear center edge of the tail. (2) All king mackerel shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of such fish, or mere removal of gills before landing is not prohibited. (3) It is the intent of this rule and Rule 68B-12.0035 to expressly repeal and replace Section 370.11(2)(a)3., Florida Statutes, and the remainder of Section 370.11(2)(a), Florida Statutes, as these provisions pertain to king mackerel. Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History - New 11-29-93, Amended 7-15-96, 10-22-99, Formerly 46-30.0025. 68B-30.003 Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications.-- (1) Commercial Harvest Limits. Persons holding a Florida resident, nonresident, or alien saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel from the Atlantic Migratory Group, may harvest king mackerel from the Atlantic fishery upon the following conditions: (a) The king mackerel so harvested may not be possessed in, on, or above state waters outside the Atlantic fishery; and (b) The season for harvest of king mackerel from the Atlantic fishery has not been closed pursuant to Rule 68B-30.004, and (c) The following commercial daily vessel harvest limits shall apply in the indicated counties. During the specified periods, no more than the applicable commercial daily vessel harvest limit shall be possessed aboard any vessel subject to this subsection. 1. Persons harvesting king mackerel in the state waters of Nassau, Duval, St. Johns, and Flagler Counties, shall be subject to a year round commercial vessel limit of 3,500 pounds per vessel, per day. 2. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Volusia County, shall be subject to a commercial vessel limit of 3,500 pounds per vessel, per day. 3. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Dade Counties, shall be subject to a commercial vessel limit of 75 king mackerel per vessel, per day. 4. Beginning April 1, and continuing through October 31 each year, persons harvesting king mackerel in the state waters of Monroe County, shall be subject to a commercial vessel limit of 1,250 pounds per vessel, per day. (2) Recreational Bag Limit. Any person harvesting king mackerel from the Atlantic fishery who does not meet the requirements and conditions established in subsection (1), shall be subject to a bag limit of two fish per person, per day. (3) Possession of king mackerel in excess of the bag limits established in this rule by any person aboard a vessel fishing in the Atlantic Fishery shall constitute a violation of this rule. (4) Prohibited Gear. No person shall harvest king mackerel in the Atlantic fishery other than with hook and line gear, or by spearing. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-15-87, Amended 11-1-88, 1-1-97, 1-1-98, 12-21-00, Formerly 46-30.003. 68B-30.004 Seasons.-- (1) The king mackerel fishing season for harvesters subject to either bag limit established in Rule 68B-30.003 in the Atlantic fishery shall be April 1 of each year through March 31 of the following year, unless the season is closed earlier pursuant to subsection (2). (2) If the commercial season for harvest of king mackerel in federal Exclusive Economic Zone (EEZ) waters adjacent to the Atlantic fishery is closed prior to the end of the season specified in subsection (1), the season for harvest of king mackerel under the special bag limit established in Rule 68B-30.003(1) in the Atlantic fishery shall also close, upon notice given by the Fish and Wildlife Conservation Commission, in the manner provided in s. 120.81(5), Florida Statutes. In case of such early season closure, all harvesters shall be subject to the bag limit for other harvesters established in Rule 68B-30.003(2). Once the season for harvest of king mackerel under the special bag limit closes, harvest under that bag limit shall not resume until the season is reopened on the following April 1. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-15-87, Amended 11-1-88, Formerly 46-30.004. 68B-30.006 Other Prohibitions.-- (1) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any king mackerel harvested in violation of any provision or condition of this chapter. (2) The prohibitions of this chapter apply as well to any or all persons operating a vessel in the Atlantic fishery, who shall be deemed to have violated any prohibition which has been violated by another person aboard. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-15-87, Formerly 46-30.006.