7363481, 68B-14.0038 - Florida Administrative Rules, Law, Code, Register

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Notice: 7363481

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0038

Recreational Snapper Seasons

PURPOSE:

The purpose of this rule amendment is to modify the Commission’s Reef Fish Rule to become consistent with federal recreational reef fish regulations for red snapper in the Gulf of Mexico. Based on federally established benchmarks, the red snapper stocks in the Gulf of Mexico are overfished and have been undergoing overfishing since the late 1980’s. The most recent red snapper stock assessment (2005) indicates continued overfishing is compromising the objectives of the Gulf of Mexico Fishery Management Council’s red snapper rebuilding plan, which is designed to end overfishing of red snapper by 2009 and to rebuild the red snapper stock to sustainable levels by 2032. The Gulf of Mexico Fishery Management Council developed regulatory actions in Amendment 27 to their Reef Fish Fishery Management Plan, and Amendment 14 to their Shrimp Fishery Management Plan. Amendment 27/14 addresses recreational and commercial harvest of red snapper, and establishes bag limits, size limits, and seasons in federal waters. However, the success of the red snapper rebuilding plan depends not only upon controlling harvest in federal waters, but also with the five states in the Gulf of Mexico adopting rules that are consistent with the federal rules in Gulf state waters. Florida plays a particularly important role in the success of the red snapper rebuilding plan because Florida’s recreational fishery, occurring in both state and federal waters, accounts for a large proportion of the recreational red snapper catch. The recreational fishery is the primary source of red snapper fishing mortality in the eastern Gulf of Mexico. The effect of these rule amendments is that federal and state regulations will be consistently applied. Where practicable, this minimizes confusion with the public, aids enforceability, and contributes to the overall red snapper rebuilding effort in the Gulf of Mexico. This rule section was amended in early 2009, to better align the recreational season in state waters with the federal season. It is being amended again because the National Marine Fisheries Service has determined that the recreational sector of the Gulf of Mexico red snapper fishery exceeded its total allowable catch by 1.2 million pounds in 2008. By law the National Marine Fisheries Service is required to correct this overage to keep the red snapper rebuilding plan on schedule. The National Marine Fisheries Service’s proposed correction would shorten the 2009 red snapper season by an additional 47 days. The Commission approved this rule amendment for state waters at a publicly noticed meeting on June 18, 2009.
Rule 68B-14.0038, F.A.C., (Recreational Red Snapper Season) would amend the Commission’s Reef Fish Rule governing the recreational red snapper fishing season such that it is consistent with the recreational red snapper fishing season in federally managed waters of the Gulf of Mexico as proposed by the National Marine Fisheries Service. The proposed Commission rule would change the recreational red snapper fishing season from June 1 through September 30 to June 1 through August 14. This is the same recreational fishing season being proposed for federal waters by the National Marine Fisheries Service.

SUMMARY:

James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

7/17/2009 Vol. 35/28

COMMENTS:

From 7/17/2009 To 8/7/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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