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 rule amendment 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, due to reductions in fishing opportunities because of the Deepwater Horizon Oil Disaster, the National Marine Fisheries Service estimated that 2.3 million pounds of the 3.4 million pound recreational Gulf red snapper quota set for the 2010 season were not harvested. Therefore the Gulf of Mexico Fisheries Management Council requested the National Marine Fisheries Service create a supplemental recreational red snapper season in waters of the Gulf of Mexico from October 1 until November 22, 2010 and allow the harvest and possession of red snapper on Fridays, Saturdays, and Sundays during this season. 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 create a supplemental recreational red snapper season from October 1 until November 22, 2010 and allow the harvest and possession of red snapper in state waters of the Gulf of Mexico on Fridays, Saturdays, and Sundays.
SPECIFIC 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 23, each year (consistent with the Federal Standard established in vol. 75 of the Fed. Reg. page 23186). Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from July 24 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.

(3) Special Recreational Red Snapper Season for 2010. Not withstanding paragraph (1) and due to the Deepwater Horizon Oil Disaster in all state waters of the Gulf of Mexico there shall be a supplemental recreational red snapper season from October 1 until November 22, 2010. During this supplemental season the harvest and possession of red snapper shall be allowed from 12:01 A.M. each Friday until 12:01 A.M. the following Monday.

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,_________.