RULE NO: RULE TITLE
68B-14.001: Purpose and Intent, Designation as Restricted Species
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, Exception, Wholesale/Retail Purchase Exemption
68B-14.0045: Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
68B-14.005: Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation
PURPOSE AND EFFECT: 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 and Gulf of Mexico. The South Atlantic Fishery Management Council developed regulatory actions in Amendment 13C to their Snapper Grouper Fishery Management Plan, which became effective October 13, 2006. Amendment 13C addresses recreational and commercial harvest of snowy grouper, golden tilefish, vermilion snapper, black sea bass, and red porgy, and establishes bag limits, size limits, quotas, and trip limits. The Gulf of Mexico Fishery Management Council developed regulatory actions for black, gag, and red grouper that became effective on November 17, 2006, which includes the prohibition of the possession of the recreational bag limit of grouper by the captain and crew of for hire vessels. The Council developed a Red Snapper Individual Fishing Quota Program that took effect on January 1, 2007, which eliminates the need for Class I and Class II permits. The Council is also moving forward as quickly as possible with a framework amendment to address vermilion snapper management regulations in Amendment 23. This amendment reduces the minimum size limit for 11 inches to 10 inches TL and removes the commercial closed harvesting season.
Another rule amendment not related to federal consistency is clarification of state regulatory intent by affirmatively prohibiting persons harvesting reef fish species for commercial purposes from possessing the recreational bag limit of the reef fish species on the same trip. The state allows commercial grouper fishers in the Gulf of Mexico to possess commercially harvested grouper (black and gag) with a 24-inch minimum size limit and recreationally caught grouper (black and gag) with a 22-inch minimum size on the same trip. This presents a problem to law enforcement and allows the potential sale of undersized fish.
The effect of these rule amendments will be that federal and state regulations are consistently applied. 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.
SUBJECT AREA TO BE ADDRESSED: Reef Fish.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.