The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state Gulf red snapper regulations based on recent federal regulation changes. The U.S. Secretary of Commerce recently approved delegating authority to ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.001Purpose and Intent, Designation as Restricted Species

68B-14.002Definitions

68B-14.0036Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

68B-14.0038Recreational Snapper Seasons

68B-14.006Other Prohibitions and Exception

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state Gulf red snapper regulations based on recent federal regulation changes. The U.S. Secretary of Commerce recently approved delegating authority to manage private recreational red snapper harvest in federal waters from the Gulf of Mexico Fishery Management Council (Council)/NOAA Fisheries to the states long-term starting in 2020.

The purpose of these rule amendments is to extend Florida’s regulations for Gulf recreational red snapper harvest (i.e., seasons, bag limits, and size limits) into Gulf federal waters. This rule amendment would also streamline the process used to set the season and allow federally-permitted for-hire vessels, which have their own season set by NOAA Fisheries, to possess (but not harvest) red snapper in state waters while the federal for-hire season is open but state waters are closed. Additionally, this rule amendment will also include minor, non-substantive technical changes to current rule language.

SUMMARY: These rule amendments will modify state Gulf red snapper regulations to extend Florida’s regulations for Gulf recreational red snapper harvest into Gulf federal waters for 2020 and beyond. These rule amendments will also streamline the process used to set the annual season, allow an exception for federally-permitted for-hire vessels to possess (but not harvest) red snapper in state waters when state waters are closed, and make minor, non-substantive technical changes to current rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the Commission’s regular meeting on February 19-20, 2020, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Donald L. Tucker Civic Center, Meeting Room A, 505 W. Pensacola St., Tallahassee, FL, 32301

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.001 Purpose and Intent, Designation as Restricted Species.

(1) Purpose and intent.

(a) through (c) No change.

(d) The size limit, bag limit, and seasons for red snapper harvested recreationally in the Gulf of Mexico apply to all recreational harvesters within or without Florida waters, except for recreational harvesters on a vessel that has been issued a valid federal Charter/Headboat permit for Gulf Reef Fish pursuant to 50 C.F.R. §622.20(b) any time during the fishing year.  Vessels for hire that do not possess aboard the vessel a valid federal Gulf of Mexico Charter/Headboat permit for Reef Fish pursuant to 50 C.F.R. §622.20(b) are prohibited from fishing for or possessing red snapper in federal EEZ waters of the Gulf of Mexico.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-31-94, 12-31-98, Formerly 46-14.001, Amended 1-1-00, 1-1-03, 7-1-07, 7-1-16, 7-1-19.,4-1-20.

 

68B-14.002 Definitions.

For purposes of this chapter, except where the context clearly requires otherwise:

(1) through (2) No change.

(3) “Fork length” means the length of a fish as measured from the tip of the snout to the rear center edge of the tail.

(3)(4) “Goliath grouper” means any fish of the species Epinephelus itajara, or any part thereof.

(4)(5) “Gulf of Mexico” means that body of water north and west of the line described in the definition of “Atlantic Ocean” contained in subsection (1), of this rule.

(6) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive and unharmed are not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with the minimum size requirements of this chapter shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive and unharmed if undersize

(5)(7) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale or with intent to sell or in excess of established bag limits.

(6)(8) “Headboat” means a vessel that holds a valid Certificate of Inspection issued from the U.S. Coast Guard to carry passengers for hire when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew.

(9) “Land,” when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(10) “Nassau grouper” means any fish of the species Epinephelus striatus, or any part thereof.

(11) “Person” means any natural person, firm, entity or corporation.

(12) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

(13) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(14) “Trip” means a fishing trip of whatever duration which begins with departure of the fishing vessel from a dock, berth, beach, seawall, or ramp and which terminates with return to a dock, berth, beach, seawall, or ramp.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-1-94, 1-1-98, 12-31-98, Formerly 46-14.002, Amended 1-1-00, 1-1-03, 7-1-06, 8-26-14.,4-1-20.

 

68B-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.

(1) Snapper.

(a) through (b) No change.

(c) Red snapper. Except as provided elsewhere in this chapter rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 2 red snapper per day, nor shall a recreational harvester harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than 2 red snapper per day. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Gulf of Mexico, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crewman of such vessel. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a), only if harvested in or from state waters.

(d) through (g) No change.

(2) through (10) 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 46-14.0036, Amended 10-22-99, 1-1-00, 3-6-00, 3-1-01, 1-1-03, 1-3-05, 9-16-05, 1-1-06, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 10-16-09, 1-19-10, 12-30-11, 7-1-12, 6-10-13(4), 6-10-13(8), 3-13-14, 5-7-15, 7-1-16, 11-17-16, 1-1-17, 5-30-17, 8-24-17, 1-16-18, 7-1-19.,4-1-20.

 

68B-14.0038 Recreational Snapper Seasons.

(1) Red Snapper Open Seasons. Pursuant to Section 120.81(5), F.S., the Commission shall give notice of red snapper open seasons for all waters of the Gulf of Mexico In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be:electronically at: www.myfwc.com/fishing/saltwater/recreational/snappers/.

(a) Saturdays and Sundays beginning the first Saturday in May;

(b) Each day of the week beginning the Saturday before Memorial Day through the Sunday following July 4;

(c) Fridays, Saturdays, and Sundays from September 1 through October 31 as well as Labor Day.

(2) Red Snapper Closed Seasons. Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., no person shall harvest in or from state waters of the Gulf of Mexico any red snapper outside of the open season established by the procedure in subsection (1). identified in subsection (1). Recreational harvest shall be prohibited starting November 1 each year and shall not reopen until the first Saturday in May the following year. If October 31 falls on a Saturday, the last day of harvest will be Sunday, November 1.

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, 7-6-12, 5-31-13, 10-31-13, 5-24-14, 5-23-15, 5-7-16, 5-23-17.,4-1-20.

 

68B-14.006 Other Prohibitions and Exception.

(1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter. Vessels for-hire that possess aboard the vessel a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish pursuant to 50 C.F.R. §622.20(b), while fishing for other species in or on state waters, may be in possession of red snapper that were legally harvested in adjacent EEZ waters during the federal season for recreational harvest by the federal for-hire component established by the National Marine Fisheries Service and published in the Federal Register.

(2) through (5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006, Amended 9-13-16.,4-1-20.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2019