11139594, 68B-14.0035 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11139594

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0035	Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.00355	Size Limits for Importation and Sale
68B-14.0039	Recreational Grouper and Tilefish Seasons

PURPOSE:

The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on gag grouper harvest in the Gulf of Mexico and rules that were implemented by NOAA Fisheries Service on February 10, 2012 and will be effective on March 12, 2012. Gag grouper is considered to be overfished (low stock abundance) and undergoing overfishing (excessive harvesting pressure). The Gulf of Mexico Fishery Management Council developed long-term management measures to rebuild the Gulf gag grouper stock.
These management measures are intended to help end overfishing of gag grouper. The effect of this rule amendment is to reduce the commercial minimum size limit for Gulf gag grouper from 24 to 22 inches total length, reduce the size limit for sale of gag grouper to 22 inches statewide, and set the recreational harvest season for Gulf of Mexico gag grouper from July 1 through October 31 each year. With this rule amendment federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, reduces commercial bycatch mortality, and maximizes recreational fishing opportunities for gag grouper in the Gulf of Mexico. These management measures are intended to help end overfishing and rebuild the gag grouper stock while still allowing fishing opportunities.
Rule 68B-14.0035, F.A.C., (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to specify that the minimum size limit for commercially harvested gag grouper from the Gulf of Mexico, excluding Monroe County is 22 inches total length and the minimum size limit for commercially harvested gag grouper from the Atlantic Ocean, including Monroe County will remain at 24 inches total length. Rule 68B-14.00355, F.A.C., (Size Limits for Importation and Sale) would be modified to reduce the minimum size limit for gag grouper for purposes of sale to 22 inches total length statewide. Rule 68B-14.0039, F.A.C., (Recreational Grouper Seasons) would be modified to establish an annual recreational harvest season for gag grouper from July 1 through October 31 each year in state waters of the Gulf of Mexico, excluding Monroe County.

SUMMARY:

Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

3/2/2012 Vol. 38/09

COMMENTS:

From 3/2/2012 To 3/23/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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