14208383, 68B-14.0036 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14208383

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0036

Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

PURPOSE:

NOAA Fisheries eliminated rules that prohibited captain and crew of for-hire vessels from retaining recreational bag limits of vermilion snapper, groupers, and tilefish in federal waters of the South Atlantic (formerly in 50 C.F.R. § 622.187(b)(2) and 622.187(b)(5), effective January 27, 2014).  The purpose of this rule amendment is to allow captain and crew of for-hire vessels to retain recreational bag limits of vermilion snapper, groupers, and golden tilefish in state waters of the Atlantic (including Monroe County for golden tilefish and groupers). This rule was eliminated because it was not serving its intended purpose of limiting harvest of vermilion snapper and gag grouper.  When the rule was in place, the percentage decrease in overall harvest of these species was small and not considered to be a significant source of harvest protection.  In addition, regulations were confusing because some species could be retained by for-hire captains and crew but not others. 

This rule amendment also would update a federal citation concerning the recreational bag limit of Atlantic vermilion snapper.  The purpose of this amendment is to have the correct federal citation in rule. 

The effect of this rule amendment is that federal and state regulations regarding recreational bag limits for vermilion snapper, groupers, and golden tilefish for captain and crew of for-hire vessels can be applied consistently in waters of the Atlantic.  Allowing captain and crew to keep recreational bag limits of all snapper grouper species could alleviate confusion among for-hire fishermen, make law enforcement more efficient, and allow captain and crew of for-hire vessels to keep these species for personal consumption.  Having the correct federal citation for recreational bag limits of vermilion snapper will aid in law enforcement and reduce confusion when reading the rule. 

68B-14.0036 (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.) would be amended to eliminate language prohibiting captain and crew of for-hire vessels from retaining recreational bag limits of vermilion snapper, groupers, and golden tilefish in state waters of the Atlantic.  Additionally, the federal citation listed for recreational bag limits of Atlantic vermilion snapper would be amended to the current location of the federal rule.

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:

2/20/2014 Vol. 40/35

COMMENTS:

From 2/20/2014 To 3/13/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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