12193305, 68B-14.0035 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12193305

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0035	Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.0036	Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, 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:

NOAA Fisheries Service has published rules that reduce commercial and recreational fishing for black sea bass in the Atlantic Ocean.  A stock assessment completed in 2011 showed that black sea bass are undergoing overfishing.  This new rule would modify recreational and commercial harvest regulations in the Atlantic Ocean to achieve consistency between the Commission’s black sea bass regulations and federal regulations in Atlantic federal waters.  The Commission is considering changes to state regulations that would 1) increase the minimum size limits for commercial and recreational harvest to 11 inches total length (TL) and 13 inches TL respectively in the Atlantic, 2) decrease the recreational bag limit from 15 to five fish per person per day in the Atlantic, 3) require anyone fishing with black sea bass traps in Atlantic state waters to have a federal South Atlantic black sea bass pot endorsement and a commercial snapper grouper unlimited permit, and 4) change Atlantic state trap requirements to match federal trap specifications and requirements (This would include trap construction requirements, requiring traps to be set in waters north of Cape Canaveral, and requiring traps to be removed from the water and brought back to shore at the conclusion of each trip.).

The effect of these rule amendments is that federal and state regulations can be applied more consistently to all fishing activity in the Atlantic Ocean.  Consistent regulations in state waters would contribute to the federal rebuilding plan and reduce the likelihood of catch exceeding federal annual catch limits.  This should help ensure a sustainable harvest for the future.

SUMMARY:

68B-14.0035 (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to set the minimum size limits for black sea bass harvested from the Atlantic Ocean recreationally at 13 inches total length and commercially at 11 inches total length.  68B-14.0036 (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption) would be modified to reduce the recreational bag and possession limit for black sea bass for the Atlantic Ocean to five fish per person per day.  68B-14.0045 (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) would be amended to specify that for a person to fish with black sea bass traps in the Atlantic Ocean, a valid federal South Atlantic black sea bass pot endorsement and a valid federal South Atlantic snapper grouper unlimited commercial permit must be issued to and possessed aboard the vessel.  68B-14.005 (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation) would be modified to specify that black sea bass traps fished in the Atlantic Ocean must have a tag issued by the National Marine Fisheries Service attached and shall only be used north of 28°35.1’N latitude.  The draft rule would also modify trap specifications in the Atlantic Ocean to be consistent with those for Atlantic federal waters.  Additionally, this draft rule would require black sea bass traps fished in the Atlantic Ocean to be removed from the water at the end of each trip.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

10/25/2012 Vol. 38/58

COMMENTS:

From 10/25/2012 To 11/15/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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