3853730, 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: 3853730

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-14.00355	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 is clarification of state regulatory intent by affirmatively prohibiting persons harvesting reef fish species for commercial purposes from possessing the recreational bag limit of reef fish species on the same trip. The state has allowed 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 for law enforcement and allows potential sale of undersize fish. This amendment would align state rules with current federal regulations in the Gulf of Mexico that prohibit vessels from retaining reef fish species under the recreational size and bag limit when commercial quantities of Gulf reef fish are onboard.
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.
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.

SUMMARY:

The proposed amendment of Rule 68B-14.001, F.A.C., would add golden tilefish to the list of restricted reef fish species. The proposed amendment of Rule 68B-14.0035, F.A.C., would increase the minimum size for black sea bass recreationally harvested in the Atlantic Ocean from 11 inches in 2007 to 12 inches in 2008; decrease the minimum size for vermilion snapper from 11 inches to 10 inches in the Gulf of Mexico, and increase the recreational minimum size of vermilion snapper from 11 inches to 12 inches in the Atlantic Ocean. The proposed amendment of Rule 68B-14.00355, F.A.C., would change the minimum size of imported vermilion snapper to from 11 inches to 10 inches. The proposed amendment of Rule 68B-14.0036, F.A.C., would add golden tilefish; set bag limit of gag, red, and black grouper at zero for captains and crew on for hire vessels in the Gulf of Mexico; establish a one-fish recreational bag limit for snowy grouper within the five-fish aggregate grouper bag limit in the Atlantic Ocean; establish a one-fish recreational bag limit for golden tilefish within the five-fish aggregate grouper bag limit in the Atlantic Ocean; raises the recreational bag limit for red porgy in the Atlantic Ocean for one-fish to three-fish per person per day. The proposed amendment of Rule 68B-14.0045, F.A.C., would remove the requirement for Class I and Class II red snapper licenses for the commercial harvest of red snapper in the Gulf of Mexico; establishes commercial trip limits in the Atlantic Ocean that are concurrent with federal trip limits; establishes a black sea bass harvesting season of June 1 through May 31 each year in the Atlantic Ocean; removes the April 22 through May 31 commercial harvesting season for vermilion snapper in the Gulf of Mexico; prohibits persons harvesting for commercial purposes from harvesting or possessing the recreational bag limit of reef fish species on the same trip. The proposed amendment of Rule 68B-14.005, F.A.C., would require a minimum 2-inch mesh for the back panel of black sea bass traps in the Atlantic Ocean; require the removal of black sea bass traps in the Atlantic Ocean when the commercial quota is reached.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

3/9/2007 Vol. 33/10

COMMENTS:

From 3/9/2007 To 3/30/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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