17509778, 68B-14.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17509778

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.001	Purpose and Intent, Designation as Restricted Species
68B-14.0035	Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.0036	Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
68B-14.0039	Recreational Grouper and Tilefish Seasons
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE:

The purpose of these rule amendments is to address state rules for reef fish species that are not federally managed.  In 2011, both the Gulf and South Atlantic Fishery Management Councils were required to establish annual catch limits (ACLs) for all federally-managed species. During this process, both Councils removed from federal management several reef fish species that had very low landings, a majority of landings from state waters, or not enough information to set reliable ACLs. Once these species were removed from federal management, all regulations, such as bag limits, size limits, and commercial permit requirements no longer applied to harvest of these species in federal waters. In 2015, the South Atlantic Fishery Management Council removed four more species from federal management: black snapper, dog snapper, mahogany snapper, and schoolmaster snapper. These species all have very low landings, and the Council felt Florida could effectively manage these species because they occur off south Florida. As such, FWC sent a letter of support to the Council stating the FWC’s intent to assume management of these species in federal waters. Removal of federal rules for these species is now pending approval by the U.S. Secretary of Commerce. These amendments would apply state rules (such as size limits, bag limits, and state permit requirements) in adjacent federal waters for reef fish species that are not managed in adjacent federal waters.  One exception to this is tiger grouper, which is a deepwater species that is rarely landed and was removed from federal management in 2011. These rule amendments remove tiger grouper from state management because this species is not targeted or frequently encountered by fishermen.

Currently, state rules require commercial harvesters to meet certain federal requirements to harvest reef fish species in state waters, and some of those species have been removed from federal management or were never managed in federal waters. These rule amendments remove the requirement for commercial harvesters to have a federal permit to harvest species that are not federally managed. They also remove the requirement for commercial harvesters to have a federal Gulf IFQ vessel account to harvest species that are no longer federally managed. 

Finally, many of the species that have been removed from federal management are included in the state snapper or grouper recreational aggregate bag limits, so these aggregate bag limits would be extended into adjacent federal waters as part of this amendment. One exception to this would be red snapper. Red snapper is included in the state snapper aggregate but not the Atlantic or Gulf federal aggregates, so the Commission proposes clarifying that red snapper would only be included in the snapper aggregate when harvested from state waters.

The effect of these rule amendments is to: increase enforceability of state rules; have regulations that are consistent across coasts and state and federal boundaries for reef fish species that have been removed from federal management; and remove tiger grouper from state management.

SUMMARY:

1) Remove federal commercial requirements from state rule for species that are not managed in adjacent federal waters. This would:
a.	Remove the federal South Atlantic snapper-grouper permit requirement for Atlantic commercial harvest of wenchman, black snapper, dog snapper, mahogany snapper, and schoolmaster; 
b.	Remove the federal Gulf reef fish permit requirement for Gulf commercial harvest of misty grouper, rock hind, red hind, coney, graysby, black snapper, dog snapper, mahogany snapper, and schoolmaster;
c.	Remove the federal Gulf IFQ vessel account requirement for commercial harvest of Gulf red hind, rock hind, misty grouper, blackline tilefish, and anchor tilefish.
2) In the absence of federal rules, apply state rules in adjacent federal waters for reef fish species. This would essentially:
a.	Extend statewide regulations into federal waters for black snapper, dog snapper, mahogany snapper, and schoolmaster;
b.	Extend Gulf state regulations into adjacent federal waters for misty grouper, red hind, rock hind, coney, and graysby;
c.	Extend Atlantic state regulations into adjacent federal waters for wenchman.
3) Extend recreational snapper and grouper aggregate bag limits into adjacent federal waters (except in the case of red snapper).
4) Remove tiger grouper from state management.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

5/9/2016 Vol. 42/90

COMMENTS:

From 5/9/2016 To 5/30/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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