18133876, 68B-14.0042 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18133876

Notice of Development of Rulemaking

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0042

Recreational Hogfish Season

PURPOSE:

The most recent hogfish stock assessment found the Keys/East Florida stock of hogfish is overfished and undergoing overfishing.  Federal law requires the Council to implement regulations to end overfishing and to rebuild the Florida Keys/East Florida hogfish stock.  The South Atlantic Fishery Management Council approved a May 1 through October 31 recreational hogfish season in Atlantic federal waters off Florida and in Gulf federal waters south of 25°09’ North Latitude as a measure to rebuild the Keys/East Florida stock of hogfish and prevent overfishing while optimizing recreational harvest opportunities.  The November through April closed season corresponds with the hogfish spawning season.  Implementation of the federal rule is pending approval by the U.S. Secretary of Commerce.

The purpose of this proposed rule is to establish a May 1 through October 31 recreational season for harvest of hogfish in all state waters of the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico to be consistent with the pending federal rule.  Recreational harvest of hogfish from these waters outside this season would be prohibited.  The recreational fishery takes the vast majority hogfish harvested from the Keys/East Florida stock, and over 68% of recreational harvest from this stock occurs in state waters.  Consequently, recreational harvest in state waters will be a determining factor in rebuilding this stock and ending overfishing.  In addition to aiding in rebuilding of the stock, consistent state and federal regulations will simplify regulations for recreational harvesters.

The effects of the proposed rule are to make the state recreational hogfish season consistent with the pending rule for adjacent federal waters, and to facilitate the rebuilding of the Keys/East Florida hogfish stock.  This will create a predictable hogfish season for recreational harvesters, which also overlaps with the popular diving season in the Keys.  Lastly, Keys/East Florida hogfish will be protected from recreational harvest during their spawning season.

SUBJECT:

Recreational fishing season for hogfish in state waters of the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

LAW:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

PRINT PUBLISH DATE:

10/12/2016 Vol. 42/199

RELATED STATUTES
AND LAWS:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes, Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=68B-14.0042&PDate=10/12/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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