20231889, 68B-14.009 - Florida Administrative Rules, Law, Code, Register

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Notice: 20231889

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.009

Reporting Requirement

PURPOSE:

The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state regulations that would require charter, headboat, and saltwater fishing guide operations that target or harvest certain reef fish in Gulf of Mexico state waters (excluding Monroe County) to report their intention to harvest or attempt to harvest the following species: red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack.  This proposed final rule would apply for the years 2018 and 2019 only, which coincides with a proposed pilot program in which the Commission would set recreational regulations for the Gulf of Mexico red snapper fishery in both state and federal waters off Florida.  Section 379.354(7)(e), Florida Statutes, requires that for-hire operations licensed by the Commission must maintain and report data as required by Commission rules.  The purpose of this rule amendment is to establish a mechanism for identifying which for-hire operations are targeting Gulf red snapper and other Gulf reef fish.  This requirement would not apply to vessels fishing under a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish.  This federal for-hire population of Gulf for-hire operations has a separate for-hire season and quota for federal waters and would not be affected by the Commission’s proposed pilot program.  For-hire operations that harvest or target reef fish in waters off Monroe County are excluded from this regulation because red snapper are rarely landed recreationally in Monroe County, and some waters off Monroe County follow Atlantic regulations for red snapper and other reef fish.      

The effect of this rule amendment will be the identification of for-hire operations targeting Gulf red snapper and other Gulf reef fish in state waters via the Gulf Reef Fish State For-Hire Pilot Program.  As a condition of the Commission’s proposed pilot program, the Commission must provide NOAA Fisheries with a list of entities that are eligible to harvest red snapper in the pilot program.  To meet this condition, Commission staff will provide NOAA Fisheries with a list of for-hire operations that sign up for the Gulf Reef Fish State For-Hire Pilot Program.

Anglers fishing for reef fish in the Gulf of Mexico commonly catch red snapper when they are targeting other reef fish.  For this reason, this reporting requirement would be applied to for-hire operations that harvest or intend to harvest the reef fish listed above.  This will allow legal-sized red snapper that are caught incidentally on reef fish trips during red snapper season to be harvested.

SUMMARY:

The proposed final rule would require charter, headboat, and saltwater fishing guide operations that target or harvest certain reef fish in Gulf of Mexico state waters (excluding Monroe County) to report their intention to harvest or attempt to harvest the following species: red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack. This proposed final rule would apply for the years 2018 and 2019 only, and would exclude vessels fishing under a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

3/29/2018 Vol. 44/62

COMMENTS:

From 3/29/2018 To 4/19/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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