21820070, 68B-14.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21820070

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.001	Purpose and Intent, Designation as Restricted Species
68B-14.0035	Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.00355	Size Limits for Importation and Sale
68B-14.0036	Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
68B-14.0042	Recreational Hogfish Season
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE:

The Florida Fish and Wildlife Conservation Commission (Commission) is considering several changes to state reef fish regulations based on stakeholder input.  The purpose of these rule amendments is to update reef fish regulations to align with stakeholder requests.  Several of these changes would result in increased consistency with regulations for adjacent federal waters, may result in longer fishing seasons for federally-permitted commercial fishermen, or reduce regulatory dead discards.  In addition, this rulemaking includes several technical changes to rule, corrects outdated references to federal rules, streamlines gag and black grouper minimum size limit language, and clarifies that the import size limit for gag grouper is 24 inches, which is the same as the minimum size limit for harvest statewide.  

The effect of the proposed rule amendments would be:
•	Blueline tilefish is designated a restricted species.  This designation means commercial harvesters must have a Restricted Species Endorsement (RS) for harvest and sale of blueline tilefish.  This may result in a longer blueline tilefish season for federally-permitted Atlantic commercial fishermen.
•	The commercial minimum size limit for almaco jack is set at 20 inches fork length for Atlantic state waters.  This will end harvest of small fish, increase reproductive potential of the stock, and may lengthen the fishing season.  The South Atlantic Council recently approved a 20-inch commercial minimum size limit for Atlantic federal waters.
•	The minimum size limit for blackfin, queen, and silk snapper is removed.  These deep-water fish are extremely susceptible to barotrauma, thus allowing fishermen to keep any of these fish that they catch will reduce dead discards.  This matches current and pending regulations in federal waters.
•	Outdated commercial vessel limit and season language for Atlantic red porgy is removed.  Because other provisions in FWC rule require commercial harvesters to follow federal vessel limits and seasons in Atlantic state waters, removing this outdated rule language would reduce confusion.
•	Technical updates are made and outdated references to federal rules are corrected.
•	The minimum size limit rule language for gag and black grouper is streamlined and the gag grouper import size limit is clarified.

SUMMARY:

The proposed rule amendments would modify state reef fish regulations to align with stakeholder requests; increase consistency with regulations in adjacent federal waters; reduce regulatory dead discards; incorporate technical changes and correct outdated references; and streamline and clarify existing regulations.  Specifically, the proposed rule amendments will designate blueline tilefish as a restricted species; set the commercial minimum size limit for almaco jack in Atlantic state waters at 20 inches; remove the minimum size limits for blackfin, queen, and silk snapper; remove outdated commercial vessel limit and season rule language for Atlantic red porgy; make technical updates and correct outdated federal rule citations; streamline the minimum size limit rule language for gag and black grouper; and clarify the minimum import size limit for gag grouper.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

5/7/2019 Vol. 45/89

COMMENTS:

From 5/7/2019 To 5/28/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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