Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
Rule No. : RULE TITLE :
68B-14.004: Recreational Amberjack Season
PURPOSE, EFFECT AND SUMMARY: The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on the recreational season for greater amberjack in the Gulf of Mexico and rules that are planned to be implemented by NOAA Fisheries Service on or before June 1, 2011. Reef fish (including greater amberjack) 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 create a two month closure to the recreational harvest of greater amberjack in Gulf state waters that would contribute to the federal rebuilding plan, reduce the likelihood of exceeding the federal recreational quota, and help avoid in-season quota closures for greater amberjack. This proposed closure would coincide with the open recreational red snapper season in the Gulf of Mexico, thus minimizing the economic and social impacts of the closure and allowing for continued harvest of greater amberjack after the red snapper recreational season closes. With this rule amendment, federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, and contributes to the overall health and status of greater amberjack in the Gulf of Mexico.
SUMMARY: Rule 68B-14.004, F.A.C., (Recreational Amberjack Season) would be created to prohibit the harvest of greater amberjack in state waters of the Gulf of Mexico from June 1 through July 31 of each year.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(1)(i)5., 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-14.004 Recreational Amberjack Season.

In all state waters of the Gulf of Mexico the recreational harvest and possession of greater amberjack shall be prohibited June 1 through July 31, each year.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.