9478566, 68B-14.0045 - Florida Administrative Rules, Law, Code, Register

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Notice: 9478566

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0045

Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE:

The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on the licensing requirements for the commercial harvest and sale of groupers and tilefish in the Gulf of Mexico and rules that were implemented by NOAA Fisheries Service in January 2010 as part of the individual fishing quota (IFQ) program. Originally, red snapper was the only species in the Gulf of Mexico that was included in the IFQ program. In January of 2010 sixteen species of grouper and tilefish were added to the IFQ program. The additional species are: red grouper, gag grouper, black grouper, scamp, yellowfin grouper, red hind, rock hind, yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, goldface tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and golden tilefish. Since January of 2010, harvesters have been required to possess a federal Gulf of Mexico IFQ vessel account to harvest these species in federal waters of the Gulf of Mexico. Reef fish are managed in Gulf federal waters adjacent to Florida by the Gulf of Mexico Fisheries Management Council, of which Florida is a voting member. The effect of this rule amendment is to specify which permits are needed in order to commercially harvest the above species and prevent people without IFQ shares from harvesting them off Florida. With this rule amendment, federal and state regulations will be consistently applied. Where practicable, this minimizes public confusion, aids enforceability, and contributes to the overall health and status of grouper and tilefish in the Gulf of Mexico.
SUMMARY: Rule 68B-14.0045, F.A.C., (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) would be amended to add 16 additional grouper and tilefish species to the requirement for commercial harvesters fishing in state waters of the Gulf of Mexico to hold a federal Gulf IFQ vessel account when fishing for reef fish species included in the federal Gulf of Mexico IFQ program. It would also remove the grouper vessel limit in Gulf waters, clarify which federal permits and licenses the State of Florida requires by adding the specific citation to the Federal Code, and clarify that the licenses and permits must be issued to and possessed aboard the vessel while harvesting reef fish for commercial purposes in state waters.

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:

12/17/2010 Vol. 36/50

COMMENTS:

From 12/17/2010 To 1/7/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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