7132524, 68B-14.0035 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7132524

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

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-14.0039	Recreational Grouper and Tilefish Seasons
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
68B-14.0046	Commercial Individual Fishing Quotas (IFQs)

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become mostly consistent with federal reef fish regulations in the Gulf of Mexico. The National Marine Fisheries Service has published rules containing regulatory actions for gag grouper, which is undergoing overfishing, red grouper, and other federally designated shallow water groupers. Federal rule changes will become effective in 2009 subject to approval by the Secretary of Commerce. The Commission is considering changes to state regulations that would: 1) decrease the minimum size of commercially caught red grouper in the Gulf of Mexico from 20 inches to 18 inches total length, 2) reduce the size limit for the importation and sale of red grouper from 20 inches to 18 inches total length, 3) reduce the aggregate bag limit for all Gulf grouper from 5 grouper per person per day to 4 grouper per person per day, and 4) include additional shallow water groupers (red grouper, black grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, and scamp) in the February 1 through March 31 recreational gag grouper harvest closure. The closure includes other shallow water grouper species because fishing for them affects the discard mortality of gag grouper.
In addition, there are two final rule amendments proposed for state waters that are not consistent with proposed federal rules: 1) The current commercial closed season of February 15 through March 14 for red, black, and gag grouper will be modified to prohibit all commercial and recreational harvest from February 1 through March 31. Additional shallow water grouper species will be included in the closure (adding yellowfin grouper, yellowmouth grouper, rock hind, red hind, and scamp). The effect of this amendment will be to create one closed season for all commercial and recreational harvest of shallow water groupers in Gulf state waters. 2) The direct transit of commercially harvested shallow water groupers legally caught in the Gulf federal waters offshore of Florida will be allowed through state waters of Florida during the February 1 through March 31 closed season in state waters.
The effect of these rule amendments is that federal and state regulations can be applied more consistently to all fishing activity in the Gulf of Mexico. There will be some inconsistency with federal regulations due to the prohibition of commercial fishing in state waters from February 1 through March 31. The overall effect, however, is to more consistently apply regulations to minimize confusion for the public and aid in enforcement of both state and federal fishery regulations. By adopting these regulations the State of Florida will also be contributing to the gulf-wide effort to reduce fishing pressure on gag grouper and allow populations of this species and others to expand. This will help ensure a larger sustainable harvest for the future.

SUMMARY:

Rule 68B-14.0035 F.A.C. (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to reduce the commercial size limit for red grouper in the Gulf from 20 to 18 inches total length. Rule 68B-14.00355 F.A.C. (Size Limits for Importation and Sale) would be amended to reduce the size limit for the importation and sale of red grouper from 20 inches to 18 inches total length. 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 reduce the aggregate bag limit for Gulf grouper from 5 grouper per person per day to 4 grouper per person per day. Rule 68B-14.0039, F.A.C. (Recreational Grouper Season) would be amended to include additional shallow water groupers (including red grouper, black grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, and scamp) in the February 1 through March 31 gag grouper closure. In Rule 68B-14.0045, F.A.C. (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) the current commercial closed season of February 15 through March 14 for red, black, and gag grouper would be modified to prohibit commercial harvest from February 1 through March 31. Additional shallow water grouper species would also be included in the closure (adding yellowfin grouper, yellowmouth grouper, rock hind, red hind, and scamp). The effect of this amendment would be to create one closed season for all commercial and recreational harvest of shallow water groupers in Gulf state waters. Rule 68B-14.0046, F.A.C. (Transit Through State Waters During Closed Season) would be created to allow the direct transit of commercially harvested shallow water groupers legally caught in Gulf federal waters through Gulf state waters of Florida during the February 1 through March 31 closed season in state waters.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/15/2009 Vol. 35/19

COMMENTS:

From 5/15/2009 To 6/5/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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