18066461, 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: 18066461

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-14.00355	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

PURPOSE:

At their September 2016 meeting, the Commission approved proposed rules for gray triggerfish to decrease the Atlantic recreational and commercial minimum size limits, as well as the statewide importation and sale minimum size limit, from 14 inches to 12 inches, and to establish a 10-fish recreational bag limit in Atlantic state waters.  This would reverse a 2015 federal consistency action that increased the Atlantic recreational and commercial minimum size limit and the statewide sale and importation minimum size limit for gray triggerfish from 12 to 14 inches.  In 2015, both the Commission and South Atlantic Fishery Management Council increased the minimum size limit prior to the release of a stock assessment at the request of stakeholders who were concerned about gray triggerfish.  

Following the 2015 size limit increase, a member of the public brought forward concerns about the new minimum size limit and the lack of public comments on the action from fishermen in southeast Florida.  Subsequent staff outreach to fishermen on the east coast and a review of recreational harvest data confirmed harvesters fishing in state waters south of Ponce Inlet catch large numbers of gray triggerfish, but few are over 12 inches in length.  The 14-inch minimum size limit created large numbers of discarded fish.  Stakeholder suggested a 14-inch minimum size limit was likely not appropriate for Florida state waters, especially in southeast Florida.  Considering this new public input, the size limit increase may have been premature and not fully vetted.  In response, the Commission decreased the minimum size limits back to 12 inches and implemented a 10-fish recreational bag limit in Atlantic state waters via Executive Order.  The 10-fish recreational bag limit was set as a conservation measure.  Prior to this, there was no recreational bag limit for gray triggerfish in Atlantic state waters.  The Executive Order was written to expire on October 31, 2016, so the Council and Commission could revisit gray triggerfish regulations following completion of a stock assessment in 2016.  The assessment is now complete, but was rejected for use in informing management decisions.  The purpose of the proposed rules is to implement the interim actions within the Executive Order as long-term management measures.

The effect of the proposed rules is to essentially keep in place the regulatory changes enacted by the Commission in 2015 via Executive Order.  This would allow harvesters in southeast Florida to harvest Atlantic gray triggerfish in state waters, where 12-inch gray triggerfish can be caught but larger gray triggerfish are encountered less frequently.  The 10-fish recreational bag limit is intended to help conserve gray triggerfish.

SUMMARY:

These proposed rules would reduce the Atlantic recreational and commercial minimum size limits and the statewide importation and sale minimum size limit from 14 to 12 inches total length.  The proposed rules would establish a 10-fish per person recreational bag limit for gray triggerfish in Atlantic state waters.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

9/29/2016 Vol. 42/190

COMMENTS:

From 9/29/2016 To 10/20/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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