7890579, 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: 7890579

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
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

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. NOAA Fisheries Service has published rules that reduce commercial and recreational fishing for all shallow-water grouper, in order to protect gag, red, and black grouper. A stock assessment completed in 2007 showed that gag grouper are undergoing overfishing, and past stock assessments have shown that red and black grouper are undergoing overfishing. The permanent federal regulations for shallow-water grouper became effective on July 29, 2009, and include all shallow-water grouper species in order to reduce discard mortality of gag, red, and black grouper. The Commission is considering changes to state regulations that would 1) decrease the Atlantic recreational aggregate grouper bag limit from five to three fish per person per day, 2) reduce the recreational bag limit for gag and black grouper in the Atlantic from two fish combined to one fish combined, 3) prohibit the captain and crew of for-hire vessels from retaining any species in the aggregate grouper bag limit, 4) implement an Atlantic recreational season closure for all shallow-water grouper from January 1 through April 30 and 5) amend the Atlantic commercial season closure to include all shallow-water grouper and to expand to January 1 through April 30.
The effect of these rule amendments is that federal and state regulations can be applied more consistently to all fishing activity in the Atlantic Ocean. The overall effect 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 South Atlantic effort to reduce fishing pressure on gag, red, and black grouper and allow populations of this species and others to expand. This should help ensure a larger sustainable harvest for the future.

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 decrease the Atlantic recreational aggregate grouper bag limit from five to three fish per person per day, reduce the recreational bag limit for gag and black grouper in the Atlantic from two fish combined to one fish combined, and prohibit the captain and crew of for-hire vessels from retaining any species in the aggregate grouper bag limit. In Rule 68B-14.0039, F.A.C. (Recreational Grouper Season) an Atlantic recreational season closure for all shallow-water grouper from January 1 through April 30 would be established. Rule 68B-14.0045, F.A.C. (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits), would amend the Atlantic commercial season closure from March 1through April 30 to January 1 through April 30 and expands the list of included species from gag and black to all shallow-water grouper.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

11/6/2009 Vol. 35/44

COMMENTS:

From 11/6/2009 To 11/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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