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 Red Snapper Season
PURPOSE, EFFECT AND SUMMARY: 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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.
THE FULL TEXT OF THE PROPOSED RULE IS:
68B-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.
(1) Snapper.
(a) through (c) No change.
(d) Vermilion snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 5 10 vermilion snapper per day. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Atlantic Ocean, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew member of such vessel. No recreational harvester 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, more than 10 vermilion snapper per day. Such bag and possession shall not be counted for purposes of the aggregate snapper bag and possession limits prescribed in paragraph (a).
(e) through (f) No change.
(2) through (9) No change.
Rulemaking 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 46-14.0036, Amended 10-22-99, 1-1-00, 3-6-00, 3-1-01, 1-1-03, 1-3-05, 9-16-05, 1-1-06, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 10-9-09.
68B-14.0038 Recreational Red Snapper Seasons Season.
(1) Recreational Red Snapper Season. In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be from June 1 through August 14, each year (consistent with the Federal Standard established in 74 Fed. Reg. 21.558). Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from August 15 through May 31, no person 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 red snapper.
(2) Recreational Vermilion Snapper Season. In all state waters of the Atlantic Ocean, the season for the recreational harvest and possession of vermilion snapper shall be from April 1 through October 31, each year (consistent with the Federal Standard established in 50 C.F.R. § 622.35). Except for persons harvesting vermilion snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from November 1 through March 31, no person shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, any vermilion snapper.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-9-09.