NOAA Fisheries approved a rule setting a 14 inch fork length minimum size limit for gray triggerfish in federal waters of the Atlantic Ocean off Florida (see 50 C.F.R. §622.185(c)(2)(i), effective July 1, 2015). This federal rule change was based on ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.0035Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper

68B-14.00355Size Limits for Importation and Sale

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries approved a rule setting a 14 inch fork length minimum size limit for gray triggerfish in federal waters of the Atlantic Ocean off Florida (see 50 C.F.R. §622.185(c)(2)(i), effective July 1, 2015). This federal rule change was based on concerns about the health of the Atlantic gray triggerfish stock and early closures of the commercial sector. The rule change was also implemented to make the measurement method in federal waters consistent with the measurement method in state waters, and to create uniform size limits for fish harvested from waters of the Atlantic and Gulf of Mexico. Increasing the minimum size limit in the Atlantic was viewed as one way to maintain the sustainability of harvest and health of the gray triggerfish stock, keep the commercial season open for a longer period of time, and to create consistent size limits in waters off Florida. At its April 2015 meeting, the Florida Fish and Wildlife Conservation Commission (Commission) also approved changes for gray triggerfish specifying a 14 inch fork length minimum size limit for harvest in Atlantic state waters and a 14 inch fork length minimum size limit for importation and sale of the species in Florida. The purpose of this rule amendment is to achieve consistency between the Commission’s gray triggerfish regulations and federal regulations.

The effect of the rule amendment is that federal and state gray triggerfish regulations can be applied more consistently in the Atlantic. Consistent regulations in state waters would likely result in a longer federal season for gray triggerfish because it would take longer for recreational and commercial anglers to reach the annual catch limits with the increased size limit. This would benefit federally-permitted commercial and for-hire vessels that are required to follow federal rules for gray triggerfish, even when fishing in state waters, and would also benefit private recreational anglers that fish for gray triggerfish in federal waters. The minimum size limit for harvest of gray triggerfish in the Gulf of Mexico is already 14 inches fork length, so this change for Atlantic state waters also effectively creates a uniform, statewide minimum size limit for gray triggerfish.

68B-14.0035, F.A.C. (Size Limits: Amberjack, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.) would be amended to set the gray triggerfish minimum size limit at 14 inches fork length for Atlantic state waters. The size limit would apply to both commercial and recreational harvest.

68B-14.00355, F.A.C. (Size Limits for Importation and Sale.) Would be amended to raise the minimum size limit for the importation and sale of gray triggerfish to 14 inches fork length statewide.

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(1)(i)5., F.S.

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-14.0035. Size Limits: Amberjack, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.

No person shall land, possess, unnecessarily destroy, purchase, exchange, sell or offer for sale any of the following species harvested in or from state waters, of a length less than set forth as follows:

(1) through (2) No change.

(3) Gray triggerfish 14 inches (measured in terms of fork length) (Atlantic Ocean size limit consistent with the Federal Standards established in 50 C.F.R. §622.185(c)(2)(i) as of July 1, 2015).

(a) Gray triggerfish harvested in the Atlantic Ocean 12 inches.

(b) Gray triggerfish harvested in the Gulf of Mexico 14 inches.

(4) through (7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-31-98, Amended 3-1-99, Formerly 46-14.0035, Amended 1-1-00, 1-1-01, 1-1-01,  1-1-03, 9-16-05, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 3-23-12, 6-10-13,              .

 

68B-14.00355. Size Limits for Importation and Sale.

(1) No person shall possess for the purposes of sale, purchase, sell, or exchange any of the following species of a length less than set forth as follows:

(a) through (b) No change.

(c) Gray triggerfish 14 12 inches fork length (Atlantic Ocean size limit consistent with the Federal Standard established in 50 C.F.R. §622.185(c)(2)(i) as of July 1, 2015).

(d) through (f) No change.

(2) through (4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-03, Amended 9-16-05, 7-1-06, 7-1-07, 4-1-08, 8-27-09, 3-23-12,              .