Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
RULE NO.: RULE TITLE:
68B-14.0038: Recreational Snapper Seasons
PURPOSE, EFFECT AND SUMMARY: The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on the recreational season for red snapper in the Gulf of Mexico and rules that NOAA Fisheries Service plans to implement on June 29, 2012. Reef fish (including red snapper) 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 allow a 40-day open season for the recreational harvest of red snapper in Gulf state waters that would contribute to the federal rebuilding plan and reduce the likelihood of exceeding the federal recreational quota for red snapper. With this rule amendment, federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, and contributes to the overall health and status of red snapper in the Gulf of Mexico. Rule 68B-14.0038 (Recreational Snapper Seasons) would be modified to allow the harvest of red snapper in state waters of the Gulf of Mexico from June 1 through July 10 each year.
SUMMARY: Rule 68B-14.0038, F.A.C., (Recreational Snapper Seasons) would be modified to allow a 40-day open season for the recreational harvest of red snapper in state waters of the Gulf of Mexico from June 1 through July 10 each year.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-14.0038 Recreational Snapper Seasons.

(1) Recreational Red Snapper Season. In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be from June 1 through July 10 18, each year (consistent with the Federal Standard established in vol. 77 76 of the Fed. Reg. page 31734 23911). Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from July 11 19 through May 31, no person shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, any red snapper.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-16-09, 6-4-10, 10-8-10, 7-22-11,________.