68B-14.0035: Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s Reef Fish Rule to become consistent with federal reef fish regulations for Gulf of Mexico greater amberjack, which is overfished, and undergoing overfishing, and gray triggerfish, which is undergoing overfishing. The Gulf of Mexico Fishery Management Council developed regulatory actions for greater amberjack and gray triggerfish that became effective on August 4, 2008, which includes an increase in the recreational minimum size limit for greater amberjack from 28 inches fork length to 30 inches fork length, and the increase in the recreational and commercial minimum size limit for gray triggerfish from 12 inches fork length to 14 inches fork length.
The effect of this rule amendment is that federal and state regulations will be consistently applied in the Gulf of Mexico. 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: Rule 68B-14.0035 F.A.C., (Size Limits: Amberjack, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.) would be amended to increase the recreational minimum size limit for greater amberjack to 30 inches fork length and increase the recreational and commercial minimum size limit for gray triggerfish to 14 inches fork length in the state waters of the Gulf of Mexico.
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 regular meeting of the Commission, December 3-4, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Doubletree Grand Key Resort, 3990 South Roosevelt Blvd., Key West, FL 33040
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)488-9542
THE FULL TEXT OF THE PROPOSED RULE IS:
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) Amberjacks (measured in terms of fork length).
(a) Banded rudderfish no less than 14 inches, no greater than 22 inches.
(b)1. Greater amberjack harvested recreationally from the Atlantic Ocean 28 inches.
2. Greater amberjack harvested recreationally from the Gulf of Mexico 30 inches.
3.2. Greater amberjack harvested commercially 36 inches.
(c) Lesser amberjack no less than 14 inches, no greater than 22 inches.
(2) No change.
(3) Gray triggerfish (measured in terms of fork length) 12 inches fork length.
(a) Gray triggerfish harvested in the Atlantic Ocean 12 inches.
(b) Gray triggerfish harvested in the Gulf of Mexico 14 inches.
(4) No change.
PROPOSED EFFECTIVE DATE January 1, 2009.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-31-98, Amended 3-1-99, Formerly 46-14.0035, Amended 1-1-00, 1-1-01, 1-1-01, 1-1-03, 9-16-05, 7-1-06, 7-1-07, 1-1-09.
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.