104001, 68B-14.0045 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 104001

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0045

Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE:

On December 29, 2005, the National Marine Fisheries Service published a final rule establishing a new trip limit for the commercial shallow-water grouper (black grouper, gag, red grouper, yellow-fin grouper, scamp, yellowmouth grouper, rock hind, and red hind) and deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) fisheries in the federal exclusive economic zone (EEZ) of the Gulf of Mexico adjacent to Florida. The final rule also replaced the stepped down trip limit system that had been implemented earlier in 2005. The purpose of this rule amendment pursuant to the expedited provisions of Section 120.54(6), Florida Statutes, is to conform state rules governing harvest of groupers in Florida waters of the Gulf of Mexico to these new federal trip limits. The effect of the rule amendment will be to assure enforcement of both state and federal rules and protect the health and abundance of Gulf grouper stocks.

SUMMARY:

Paragraph (3)(b) of Rule 68B-14.0045, F.A.C., is modified to set commercial vessel trip limits for grouper harvest in state waters at 6,000 pounds, to conform with a recent amendment to the federal reef fish regulations. The federal regulations set quotas for deep water and shallow water groupers and prohibit harvest of any species within each grouping whenever the quota is met. Florida rules do not distinguish between deep and shallow water species, but will have the same effect by prohibiting harvest of any species for which harvest is prohibited in the federal zone.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

2/17/2006 Vol. 32/07

COMMENTS:

From 2/17/2006 To 3/10/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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