8637867, 68B-14.0038 - Florida Administrative Rules, Law, Code, Register

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Notice: 8637867

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0038

Recreational Snapper Seasons

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become consistent with federal recreational reef fish regulations for red snapper in the Gulf of Mexico. The most recent red snapper stock assessment (2005) indicated that continued overfishing was compromising the objectives of the Gulf of Mexico Fishery Management Council’s red snapper rebuilding plan, which was 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 to address the continued overfishing and overfished status of the fishery. Amendment 27/14, which was implemented in 2008, addresses recreational and commercial harvest of red snapper, and establishes bag limits, size limits, and seasons in federal waters. However, the success of the red snapper rebuilding plan depends not only upon controlling harvest 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, occurring in both state and federal waters, accounts for a large proportion of the recreational red snapper catch. The recreational fishery is the primary source of red snapper fishing mortality in the eastern Gulf of Mexico. The regulations in Florida state waters of the Gulf of Mexico are currently consistent with the federal rebuilding plan and the overfishing status of the fishery was lifted in 2009; however, the National Marine Fisheries Service has determined that the recreational sector of the Gulf of Mexico red snapper fishery exceeded its total allowable catch by 2.15 million pounds in 2009. By law the National Marine Fisheries Service is required to correct this overage to keep the red snapper rebuilding plan on schedule. The National Marine Fisheries Service’s correction will shorten the 2010 red snapper season from June 1 through August 14 to June 1 through July 23 (53 days). The effect of this rule amendment is that federal and state regulations will be consistently applied. Where practicable, this minimizes public confusion, aids enforceability, and contributes to the overall red snapper rebuilding effort in the Gulf of Mexico.
SUMMARY: Rule 68B-14.0038, F.A.C., (Recreational Snapper Seasons) would amend the Commission’s Reef Fish Rule governing the recreational red snapper fishing season such that it is consistent with the recreational red snapper fishing season in federally managed waters of the Gulf of Mexico as instituted by the National Marine Fisheries Service. The proposed Commission rule would change the recreational red snapper fishing season from June 1 through August 14 to June 1 through July 23.

SUMMARY:

Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/14/2010 Vol. 36/19

COMMENTS:

From 5/14/2010 To 6/4/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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