19236960, 68B-14.0035 - Florida Administrative Rules, Law, Code, Register

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Notice: 19236960

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
68B-14.0042	Recreational Hogfish Season

PURPOSE:

This federal consistency action would modify existing reef fish regulations for hogfish to be consistent with proposed regulations in Atlantic and Gulf federal waters.  Specifically, it would set a new management boundary for Atlantic and Gulf hogfish at a line due west of Cape Sable (25°09’ North Latitude) in the Gulf of Mexico; increase the harvest minimum size limit from 12 inches to 16 inches in the Atlantic and to 14 inches in the Gulf; increase the importation and sale minimum size limit from 12 inches to 14 inches statewide; reduce the recreational bag limit from five to one fish per person in the Atlantic; and set the recreational season to be May 1 through October 31 in the Atlantic.  Recent analysis indicates there are two stocks of hogfish off Florida: a Gulf stock and a Keys/East Florida stock.  The Keys/East Florida stock is overfished and undergoing overfishing and changes to regulations are necessary to rebuild the stock.  The Gulf stock is neither overfished nor undergoing overfishing.  The purposes of these rules are to facilitate rebuilding of the Keys/East Florida hogfish stock and to achieve consistency between the Commission’s Atlantic and Gulf hogfish regulations and regulations in adjacent federal waters.  

Based on the identification of two hogfish stocks off Florida and the stock assessments, the South Atlantic and Gulf federal fishery management councils approved new regulations for hogfish in federal waters, including a new management boundary north of the Florida Keys at Cape Sable in the Gulf of Mexico, which more closely aligns with the biological stock boundary.  Federal law requires the South Atlantic Council to end overfishing of the Keys/East Florida hogfish stock immediately and to implement regulations to rebuild the stock within 10 years.  To that end, the South Atlantic Council approved changes to regulations, including increasing the minimum size limit for harvest to 16 inches, reducing the recreational bag limit to one fish per person, and creating a recreational harvest season from May through October.  The regulations for the Keys/East Florida hogfish stock are intended to balance stock rebuilding with continued public access to the resource.  Additionally, the recreational season will reduce fishing pressure on hogfish during their November through April spawning season.  The Gulf Council increased the hogfish minimum size limit for the Gulf stock to 14 inches based on stakeholder requests.  The change would allow more hogfish to spawn before harvest.  These Atlantic and Gulf federal rule changes will take effect on August 24, 2017.

The effects of these rules are that the public will continue to have access to the Keys/East Florida hogfish resource while the stock rebuilds and that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for hogfish in the Atlantic and Gulf of Mexico.

SUMMARY:

Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850) 487-0554.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

LAW:

Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

PRINT PUBLISH DATE:

7/28/2017 Vol. 43/146

COMMENTS:

From 7/28/2017 To 8/11/2017 (14 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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