This federal consistency action would modify existing reef fish regulations to increase the Atlantic black sea bass recreational bag limit from five to seven fish and require buoy line marking for commercial Atlantic black sea bass traps that is ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

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

68B-14.005Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

PURPOSE, EFFECT AND SUMMARY: This federal consistency action would modify existing reef fish regulations to increase the Atlantic black sea bass recreational bag limit from five to seven fish and require buoy line marking for commercial Atlantic black sea bass traps that is consistent with current and proposed regulations for Atlantic federal waters. The purpose of these rules is to achieve consistency between the Commission’s Atlantic black sea bass regulations and regulations in adjacent federal waters.

The South Atlantic Fishery Management Council (Council) recently approved two management changes for Atlantic black sea bass. First, they approved increasing the Atlantic black sea bass recreational bag limit from five to seven fish per person to provide anglers greater access to the federal recreational quota. Under the previous five-fish bag limit, recreational anglers were only able to harvest between 36 to 57% of their quota. This bag limit increase took effect August 12, 2016, in Atlantic federal waters. Second, they approved a buoy line marking requirement for the commercial black sea bass trap fishery so that in the unlikely event of an endangered right whale becoming entangled in black sea bass trap gear, the gear could be undisputedly linked to the fishery and the Council could respond accordingly. The line marking requirement will take effect in federal waters on January 30, 2017.

The effect of the rule amendment is that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for black sea bass in the Atlantic. The recreational bag limit increase will allow anglers greater access to their quota and create consistent regulations across state and federal waters. Commercial buoy line marking requirements will create consistent trap regulations between state and federal waters.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), Florida Statutes

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

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

(1) through (3) No change.

(4) Black sea bass. Except as provided elsewhere in this 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 57 black sea bass per day (consistent with the Federal Standards established in 50 C.F.R. § 622.187(b)(7) as of August 12, 2016).

(5) 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, 1-30-17.

 

68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.

(1) Allowable gear. Except as provided in subsection (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in subsection 68B-14.001(2), F.A.C.:

(a) No change.

(b) A black sea bass trap must have a valid identification tag issued by the National Marine Fisheries Service attached when fished in the Atlantic Ocean. Traps shall only be used north of Latitude 27° North in the Gulf of Mexico and north of Latitude 28°35.1' North in the Atlantic Ocean (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL). Each such trap shall comply with the following:

1. through 4. No change.

5. Trap marking requirements.

a. through c. No change.

d. From November 15 through April 15, buoy lines attached to black sea bass traps fished or possessed in or on state waters north of Latitude 29°00’ North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. § 622.189(g) (as of January 30, 2017).  From December 1 to March 31, buoy lines attached to black sea bass traps fished or possessed in or on state waters south of Latitude 29°00’ North to Latitude 28°35.1' North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. § 622.189(g) (as of January 30, 2017).

6. through 8. No change.

(c) No change.

(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, 3-1-94, 10-4-95, 7-15-96, 1-1-98, 12-31-98, 6-1-99, Formerly 46-14.005, Amended 1-1-03, 3-1-05, 7-17-05, 7-1-07, 3-12-08, 4-1-08, 1-19-10, 6-10-13, 1-24-14, 1-30-17.