7680380, 68B-14.0036 - Florida Administrative Rules, Law, Code, Register

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Notice: 7680380

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-14.0038	Recreational Snapper Seasons

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become consistent with federal recreational reef fish regulations for vermilion snapper in the South Atlantic. Based on federally established benchmarks, the vermilion snapper stocks in the South Atlantic are undergoing overfishing, it is unknown if they are overfished. The most recent vermilion snapper stock assessment update (2007) indicates overfishing is occurring. This means fish are being removed more quickly than the stock can replace them such that the maximum sustainable yield cannot be achieved. The South Atlantic Fishery Management Council developed regulatory actions in Amendment 16 to their Snapper Grouper Fishery Management Plan to stop the overfishing of the vermilion snapper stocks. Amendment 16 addresses recreational and commercial harvest of vermilion snapper, and reduces the recreational bag limit, creates a recreational closed season, and lowers the commercial quota. However, the success of the vermilion snapper management plan depends not only upon controlling harvest in federal waters, but also upon the four states in the South Atlantic adopting rules that are consistent with the federal rules in their state waters. Florida plays a particularly important role in the success of the vermilion snapper rebuilding plan because Florida’s fishery, which occurs in both state and federal waters, accounts for 43 percent of the recreational and 18 percent of the commercial vermilion snapper catch. The effect of the Commission’s rule amendments is that federal and state regulations will be applied consistently. Where practicable, this minimizes confusion with the public, aids enforceability, and contributes to the overall vermilion snapper management effort in the South Atlantic. The Commission approved this rule amendment for Florida state waters at a publicly noticed meeting on September 10, 2009.
Rule 68B-14.0036, F.A.C., (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption) would amend the Commission’s Reef Fish Rule governing the recreational vermilion snapper bag limit such that it is consistent with the recreational vermilion snapper bag limit in federally managed waters of the South Atlantic as recently implemented by the National Marine Fisheries Service. The proposed Commission rule would change the recreational vermilion snapper bag limit in the Atlantic from 10 to 5 fish per person to day and would prohibit captain and crew of for-hire vessels from retaining a bag limit of vermilion snapper.
Rule 68B-14.0038, F.A.C., (Recreational Red Snapper Season) would amend the Commission’s Reef Fish Rule by creating a recreational vermilion snapper fishing closure such that it is consistent with the recreational vermilion snapper fishing season in federally managed waters of the South Atlantic as recently implemented by the National Marine Fisheries Service. The proposed Commission rule would create a recreational vermilion snapper fishing closure from November 1 through March 31 in state waters of the Atlantic.

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:

9/25/2009 Vol. 35/38

COMMENTS:

From 9/25/2009 To 10/16/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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