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 is clarification of state regulatory intent by affirmatively prohibiting persons harvesting reef fish species for commercial purposes from possessing the recreational bag limit of reef fish species on the same trip. The state has allowed 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 for law enforcement and allows potential sale of undersize fish. This amendment would align state rules with current federal regulations in the Gulf of Mexico that prohibit vessels from retaining reef fish species under the recreational size and bag limit when commercial quantities of Gulf reef fish are onboard.
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.
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.
SUMMARY: The proposed amendment of Rule 68B-14.001, F.A.C., would add golden tilefish to the list of restricted reef fish species. The proposed amendment of Rule 68B-14.0035, F.A.C., would increase the minimum size for black sea bass recreationally harvested in the Atlantic Ocean from 11 inches in 2007 to 12 inches in 2008; decrease the minimum size for vermilion snapper from 11 inches to 10 inches in the Gulf of Mexico, and increase the recreational minimum size of vermilion snapper from 11 inches to 12 inches in the Atlantic Ocean. The proposed amendment of Rule 68B-14.00355, F.A.C., would change the minimum size of imported vermilion snapper to from 11 inches to 10 inches. The proposed amendment of Rule 68B-14.0036, F.A.C., would add golden tilefish; set bag limit of gag, red, and black grouper at zero for captains and crew on for hire vessels in the Gulf of Mexico; establish a one-fish recreational bag limit for snowy grouper within the five-fish aggregate grouper bag limit in the Atlantic Ocean; establish a one-fish recreational bag limit for golden tilefish within the five-fish aggregate grouper bag limit in the Atlantic Ocean; raises the recreational bag limit for red porgy in the Atlantic Ocean for one-fish to three-fish per person per day. The proposed amendment of Rule 68B-14.0045, F.A.C., would remove the requirement for Class I and Class II red snapper licenses for the commercial harvest of red snapper in the Gulf of Mexico; establishes commercial trip limits in the Atlantic Ocean that are concurrent with federal trip limits; establishes a black sea bass harvesting season of June 1 through May 31 each year in the Atlantic Ocean; removes the April 22 through May 31 commercial harvesting season for vermilion snapper in the Gulf of Mexico; prohibits persons harvesting for commercial purposes from harvesting or possessing the recreational bag limit of reef fish species on the same trip. The proposed amendment of Rule 68B-14.005, F.A.C., would require a minimum 2-inch mesh for the back panel of black sea bass traps in the Atlantic Ocean; require the removal of black sea bass traps in the Atlantic Ocean when the commercial quota is reached.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, April 11-12, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Ramada Conference Center, 2900 North Monroe Street, Tallahassee, Florida
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 IS: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
THE FULL TEXT OF THE PROPOSED RULE IS:
68B-14.001 Purpose and Intent, Designation as Restricted Species.
(1) No change.
(2) Designation as restricted species. The following species are hereby designated as restricted species pursuant to Section 370.01(21), F.S.:
(a) through (f) No change.
(g) Golden tilefish – Lopholatilus chamaeleonticeps
Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-31-94, 12-31-98, Formerly 46-14.001, Amended 1-1-00, 1-1-03,_________.
68B-14.0035 Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.
No person shall land, possess, unnecessarily destroy, purchase, exchange, sell or offer for sale any of the following species harvested in or from state waters, of a length less than set forth as follows:
(1) No change.
(2)(a) Black sea bass harvested in the Gulf of Mexico or commercially harvested in the
(b) Black sea bass harvested recreationally in the Atlantic Ocean, 11 inches total length in 2007, and 12 inches total length beginning January 1, 2008.
(3) through (6) No change.
(7) Snapper (measured in terms of total length).
(a) through (l) No change.
(m) Vermilion snapper harvested in the recreationally 11 inches.
(n)1. Vermilion snapper harvested commercially from the
2. Vermilion snapper harvested commercially from the
(o) No change.
Specific Authority Art. IV, Sec. 9,
68B-14.00355 Size Limits for Importation and
(1) No person shall possess for purposes of sale, purchase, sell, or exchange any of the following species of a length less than set forth as follows:
(a) through (e) No change.
(f) Snapper (measured in terms of total length).
1. Cubera snapper 12 inches.
2. Dog snapper 12 inches.
3. Gray (mangrove) snapper 12 inches.
4. Lane snapper 8 inches.
5. Mahogany snapper 12 inches.
6. Mutton snapper 16 inches.
7. Red snapper 15 inches.
8. Schoolmaster snapper 10 inches.
9. Vermilion snapper 10 11 inches.
10. Yellowtail snapper 12 inches.
(2) through (4) No change.
Specific Authority Art. IV, Sec. 9,
68B-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.
(1) No change.
(2) Grouper.
(a) through (c) No change.
(d) Gag, red and black grouper. In all state waters of the
(e)(d) Speckled hind and
(f) Snowy grouper. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the
(g)(e)
(3) No change.
(4) 20 black sea bass per day.
(5) Red porgy. No recreational harvester shall harvest from state waters of the Atlantic Ocean more than 3 1 red porgy per day, nor possess more than 3 1 such fish while in, on, or above state waters of the Atlantic Ocean or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters.
(6) No change.
(7) Tilefish. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the
(7) through (8) renumbered (8) through (9) No change.
Specific Authority Art. IV, Sec. 9,
68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits.
(1) Licenses.
(a) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and if 1. If fishing in state waters of the Atlantic Ocean, either a valid transferable commercial permit or a trip-limited commercial permit for ; 2. If fishing in state waters of the Gulf of Mexico, a valid commercial vessel permit for Gulf reef fish, and if fishing for red snapper, a Class 1 or Class 2 Gulf red snapper license. The requirement of a valid commercial vessel permit for Gulf reef fish shall not apply to the harvest of bank sea bass, black sea bass, rock sea bass, or red porgy for commercial purposes in the
(b) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in the Atlantic Ocean who is required to possess either or both of the federal permits listed in paragraph (a) is subject to any federal vessel possession limits that apply in the adjacent EEZ and shall not possess in or on state waters of the Atlantic Ocean more fish or pounds than specified in the federal regulations.
(c)(b) No person harvesting for commercial purposes pursuant to this subsection shall sell or attempt to sell any of the indicated species, or any part of the indicated species, without possessing and presenting to the purchaser the state and federal licenses and permits specified in paragraph (a). No wholesale dealer, as defined in Section 370.07(1), F.S., shall purchase any of these species, or any part thereof, without confirming that the seller thereof possesses the state and federal licenses and permits specified in this rule.
(2) Season Closures.
(a)1. Except as provided in subsection 2., pPersons harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes shall have a season that begins on January 1 and continues through December 31 each year.
2. Persons harvesting black sea bass in the
(b) through (f) No change.
(g) Beginning January 1 and continuing through April 30 each year, no person harvesting for commercial purposes shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, any red porgy; provided, however, a person harvesting other species for commercial purposes during this closure may harvest and possess three one red porgy. During this closed season, the purchase, sale, or exchange of any red porgy harvested from state waters of the
(h) No change.
(i) During the period April 22 through May 31 of each year, no person harvesting for commercial purposes shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, any vermilion snapper.
(3) Bag and Trip Limits.
(a) through (b) No change.
(c) Amberjack. 1. Except during the three-month closed season specified in paragraph (2)(f), no more than 1,000 pounds of greater amberjack harvested in or from state waters of the Atlantic Ocean shall be possessed aboard any vessel or landed from such a vessel per day.
2. No person harvesting for commercial purposes shall, on the same trip, harvest or possess greater amberjack pursuant to the bag limit specified in subsection 68B-14.0036(6), F.A.C.
(d) No change.
(e) No person harvesting for commercial purposes shall, on the same trip, harvest or possess reef fish species pursuant to the recreational bag limit specified in subsection 68B-14.0036, F.A.C.
Specific Authority Art. IV, Sec. 9,
68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.
(1) Allowable gear. Except as provided in subsection (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in subsection 68B-14.001(2), F.A.C.:
(a) Hook and line gear.
(b) A black sea bass trap, which shall only be used north of Latitude 27° North. Each such trap shall comply with the following specifications:
1. The outer dimensions do not exceed 2 feet in height, 2 feet in width, and 2 feet in depth, and the throat or entrance does not exceed 5 inches in height and 2 inches in width at its narrowest point.
2. A biodegradable panel shall be part of each trap used to take black sea bass. A black sea bass trap shall be considered to have a “biodegradable panel” or a “degradable panel” if one of the following methods is used in construction of the trap:
a. The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.
b. The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.
c. The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.
d. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.
e. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed. “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.
f. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.
g. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.
3. Escape vents. All black sea bass traps shall have an unobstructed escape vent opening on at least two opposite vertical sides, excluding top and bottom, that complies with one of the following minimum sizes:
a. A rectangular vent, 1.125 inches (2.9 cm) by 5.75 inches (14.6 cm).
b. A circular vent, 2 inches (5.1 cm) in diameter.
c. A square vent with sides of 1.75 inches (4.4 cm) measured inside the square.
4. Trap marking requirements.
a. Each black sea bass trap used for harvesting black sea bass shall have the trap owner’s saltwater products license number permanently attached. Each buoy attached to such trap shall have the letter “B” and the owner’s saltwater products license number affixed to it in legible figures at least 1.5 inches high.
b. A buoy or time-release buoy shall be attached to each black sea bass trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be either white in color or the same color as the owner’s blue crab or stone crab buoy colors. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a black sea bass trap or attached to a trotline shall float on the surface of the water.
5. Each black sea bass trap used in state waters shall have a back panel (the side of the trap opposite the entrance) with mesh that is at least 2 inches between sides of the meshes, based on centerline measurements between opposite, parallel wires or netting strands.
6.
(c) Spearing. This provision shall not be construed to allow the use of any powerhead, bangstick, or handheld device employing an explosive charge for the harvest in state waters of any snapper or grouper listed in Rule 68B-14.001, F.A.C.
(2) through (3) No change.
Specific Authority Art. IV, Sec. 9,
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE FAW.