68B-14.0045: Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
PURPOSE, EFFECT AND SUMMARY: The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on the licensing requirements for the commercial harvest and sale of groupers and tilefish in the Gulf of Mexico and rules that were implemented by NOAA Fisheries Service in January 2010 as part of the individual fishing quota (IFQ) program. Originally, red snapper was the only species in the Gulf of Mexico that was included in the IFQ program. In January of 2010 sixteen species of grouper and tilefish were added to the IFQ program. The additional species are: red grouper, gag grouper, black grouper, scamp, yellowfin grouper, red hind, rock hind, yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, goldface tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and golden tilefish. Since January of 2010, harvesters have been required to possess a federal Gulf of Mexico IFQ vessel account to harvest these species in federal waters of the Gulf of Mexico. Reef fish are managed in Gulf federal waters adjacent to Florida by the Gulf of Mexico Fisheries Management Council, of which Florida is a voting member. The effect of this rule amendment is to specify which permits are needed in order to commercially harvest the above species and prevent people without IFQ shares from harvesting them off Florida. With this rule amendment, federal and state regulations will be consistently applied. Where practicable, this minimizes public confusion, aids enforceability, and contributes to the overall health and status of grouper and tilefish in the Gulf of Mexico.
SUMMARY: Rule 68B-14.0045, F.A.C., (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) would be amended to add 16 additional grouper and tilefish species to the requirement for commercial harvesters fishing in state waters of the Gulf of Mexico to hold a federal Gulf IFQ vessel account when fishing for reef fish species included in the federal Gulf of Mexico IFQ program. It would also remove the grouper vessel limit in Gulf waters, clarify which federal permits and licenses the State of Florida requires by adding the specific citation to the Federal Code, and clarify that the licenses and permits must be issued to and possessed aboard the vessel while harvesting reef fish for commercial purposes in state waters.
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: Bud Vielhauer, 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-14.0045 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:
1. If fishing in state waters of the Atlantic Ocean, either a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper pursuant to 50 C.F.R. § 622.18 issued to and possessed aboard the vessel.
2. If fishing in state waters of the Gulf of Mexico, a valid commercial reef fish permit pursuant to 50 C.F.R. §622.4 (a)(2)(v) issued to and possessed aboard the vessel, except as provided in subparagraph 3.
3. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, red hind, rock hind, yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, goldface tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, a Gulf red snapper IFQ vessel account, as defined in 50 C.F.R. § 622.4(a)(2)(ix), for the applicable species must be established as defined in 50 C.F.R. § 622.16(c)(1)(i) or 622.20(c)(1)(i) endorsement issued to and possessed aboard the vessel.
(b) through (d) No change.
(2) No change.
(3) Bag and Trip Limits.
(a) No change.
(b) Grouper.
1. through 2. No change.
3. Vessels harvesting commercially in the state waters of the Gulf of Mexico as specified in subparagraph 68B-14.0045(1)(a)2., F.A.C., are subject to a grouper vessel trip limit. Groupers are all species listed in paragraph 68B-14.001(2)(b), F.A.C., except bank sea bass and black sea bass. The grouper vessel trip limit shall be 6,000 pounds from January 1 until such time as the state waters are closed to harvest of any species pursuant to paragraph 68B-14.0045(2)(b), F.A.C., at which time the grouper vessel trip limit for that species is reduced to zero. The grouper vessel limit shall be restored to 6,000 pounds on January 1 of the following year.
(c) through (e) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10,_________.