6350898, 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: 6350898

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
68B-14.0039	Recreational Grouper and Tilefish Seasons

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become consistent with federal interim reef fish regulations in the Gulf of Mexico. The Gulf of Mexico Fishery Management Council developed Reef Fish Amendment 30B that contains regulatory actions for gag grouper, which is undergoing overfishing, and red grouper that will become effective in 2009 after approval by the Secretary of Commerce. Meanwhile, the Council requested that the National Marine Fisheries Service implement by January 1, 2009, an Interim Rule to address the overfishing status of gag grouper. Components of that Interim Rule that would affect Florida fishers are 1) a two-fish recreational bag limit for gag grouper, and 2) a February 1-March 31 closure to recreational gag grouper harvest.
One final rule amendment that is not federal consistency with the federal Interim Rule is the increase recreational bag limit of red grouper from one-fish to two-fish. This bag limit increase will be implemented in federal waters in the Gulf of Mexico by Amendment 30B, and it is the intent of the state of Florida to immediately implement that increase in state waters because red grouper stocks in the Gulf of Mexico have recovered.
The effect of these rule amendments is that federal and state regulations will be consistently applied in the Gulf of Mexico, although there will be a slight difference for a short period of  time. 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:

Rule 68B-14.0036, F.A.C., (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjack, Exception, Wholesale/Retail Purchase Exemption) would be amended to create a two-fish recreational bag limit for gag and red grouper in the state waters of the Gulf of Mexico. Rule 68B-14.0039, F.A.C., (Recreational Grouper Season) would be amended to create a February 1 – March 31 closures for gag grouper in state waters of the Gulf of Mexico.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

10/31/2008 Vol. 34/44

COMMENTS:

From 10/31/2008 To 11/21/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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