3833457, 68B-14.001 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 3833457

Notice of Development of Rulemaking

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-14.00355	Size Limits for Importation and Sale
68B-14.0036	Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
68B-14.005	Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become consistent with federal reef fish regulations in the South Atlantic and Gulf of Mexico. The South Atlantic Fishery Management Council developed regulatory actions in Amendment 13C to their Snapper Grouper Fishery Management Plan, which became effective October 13, 2006. Amendment 13C addresses recreational and commercial harvest of snowy grouper, golden tilefish, vermilion snapper, black sea bass, and red porgy, and establishes bag limits, size limits, quotas, and trip limits. The Gulf of Mexico Fishery Management Council developed regulatory actions for black, gag, and red grouper that became effective on November 17, 2006, which includes the prohibition of the possession of the recreational bag limit of grouper by the captain and crew of for hire vessels. The Council developed a Red Snapper Individual Fishing Quota Program that took effect on January 1, 2007, which eliminates the need for Class I and Class II permits. The Council is also moving forward as quickly as possible with a framework amendment to address vermilion snapper management regulations in Amendment 23. This amendment reduces the minimum size limit for 11 inches to 10 inches TL and removes the commercial closed harvesting season.
Another rule amendment not related to federal consistency is clarification of state regulatory intent by affirmatively prohibiting persons harvesting reef fish species for commercial purposes from possessing the recreational bag limit of the reef fish species on the same trip. The state allows commercial grouper fishers in the Gulf of Mexico to possess commercially harvested grouper (black and gag) with a 24-inch minimum size limit and recreationally caught grouper (black and gag) with a 22-inch minimum size on the same trip. This presents a problem to law enforcement and allows the potential sale of undersized fish.
The effect of these rule amendments will be that federal and state regulations are consistently applied. Where practicable, this minimizes confusion with the public and aids enforceability. A further effect will be to remove inconsistency in state regulations regarding reef fish size limits as applied to commercial and recreational harvest.

SUBJECT:

Reef Fish.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

3/2/2007 Vol. 33/09

RELATED STATUTES
AND LAWS:

Art. IV, Sec. 9, Florida Constitution., Art. IV, Sec. 9, Florida Constitution.

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-14.001&PDate=3/2/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.