5033832, 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: 5033832

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-14.0038	Recreational Snapper Seasons
68B-14.0045	Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
68B-14.005	Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish rules to become consistent with federal reef fish regulations for red snapper in the Gulf of Mexico. Based on federally established benchmarks, the red snapper stocks in the Gulf of Mexico are overfished and have been undergoing overfishing since the late 1980’s. The most recent red snapper stock assessment (2005) indicates continued overfishing is compromising the objectives of the Gulf of Mexico Fishery Management Council’s red snapper rebuilding plan, which is designed to end overfishing of red snapper by 2009 and to rebuild the red snapper stock to sustainable levels by 2032. The Gulf of Mexico Fishery Management Council developed regulatory actions in Amendment 27 to their Reef Fish Fishery Management Plan, and Amendment 14 to their Shrimp Fishery Management Plan. Amendment 27/14 addresses recreational and commercial harvest of red snapper, and establishes bag limits, size limits, and seasons. The success of the red snapper rebuilding plan depends not only upon consistency with the bag limit, size limit, and the fishing season regulations in federal waters, but also with the five states in the Gulf of Mexico adopting rules that are consistent with the federal rules in Gulf state waters. Florida plays a particularly important role in the success of the red snapper rebuilding plan because Florida’s recreational fishery accounts for a large proportion of the recreational red snapper catch, which is the primary source of red snapper fishing mortality in the eastern Gulf of Mexico,. Not doing so will not only directly affect the rebuilding plan, but may affect Florida’s recreational red snapper fishery to a greater extent if it results in further restrictions on harvest in federal waters in the future, as the majority of the state’s recreational fishery occurs in federal waters. These rule amendments further clarify commercial licensing requirements for Gulf reef fish harvest, including recent federal licensing changes for red snapper. The effect of these rule amendments is that federal and state regulations will be consistent and consistently applied. Where practicable, this minimizes confusion with the public and aids enforceability.

SUMMARY:

Rule 68B-14.0035, F.A.C., (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to reduce the minimum size of red snapper harvested commercially from the Gulf of Mexico from 15 inches to 13 inches total length (TL). Rule 68B-14.00355, F.A.C., (Size Limits for Importation and Sale) would be amended to reduce the minimum size of imported of red snapper from 15 inches to 13 inches TL. Rule 68B-14.0036, F.A.C., (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption) would be amended to reduce the recreational red snapper bag limit in the Gulf of Mexico from 4-fish to 2-fish red snapper per person per day. The rule would also be amended to establish a zero daily bag and possession limit of red snapper for captains and crew on for-hire vessels in the Gulf of Mexico. Rule 68B-14.0038, F.A.C., (Recreational Red Snapper Season) would change the recreational fishing season for red snapper in the Gulf of Mexico from: April 15 – October 31 to June 1 through September 30 (122 days). Rule 68B-14.0045, F.A.C., (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) would be amended to reduce the commercial bag and trip limit of red snapper in Gulf state waters from 4-fish to 2-fish per day. This amendment also clarifies commercial licensing requirements for Gulf reef fish harvest, including recent federal licensing changes for red snapper. Rule 68B-14.005, F.A.C., (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation) would be amended to allow only non- stainless steel circle hooks to be used to harvest any reef fish species specified in subsection 68B-14.001(2), F.A.C., when using natural baits. In addition, a venting tool and a de-hooking device must be present onboard vessels harvesting any reef fish species specified in subsection 68B-14.001(2), F.A.C.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

1/4/2008 Vol. 34/01

COMMENTS:

From 1/4/2008 To 1/25/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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