At the September 8, 2016, Commission meeting, the Commission considered changes to rules for mutton snapper that would increase the minimum size limits, reduce the recreational bag limit, establish a year-round Atlantic commercial trip limit, reduce ...

 

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-14.0045Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE AND EFFECT: At the September 8, 2016, Commission meeting, the Commission considered changes to rules for mutton snapper that would increase the minimum size limits, reduce the recreational bag limit, establish a year-round Atlantic commercial trip limit, reduce the Atlantic commercial trip limit during the spawning season, and remove the spawning season commercial trip limit in Gulf state waters. One of changes the Commission approved to set the recreational bag limit for mutton snapper to five (5) mutton snapper per day. The Commission also approved a commercial bag limit in Atlantic state waters of 5 mutton snapper per day or five (5) mutton snapper per trip, which is more restrictive.

The original Notice of Proposed Rule timely filed in advance of the September Commission meeting states the bag limit for recreational mutton snapper and commercial mutton snapper in Atlantic state waters would be three (3). The Commissioners, however, approved a higher bag limit of five (5). This change was inadvertently omitted by Commission staff when the rule was filed for adoption. Rather than a Notice of Change being submitted to reflect the increase in bag limit from three to five; a Notice of No Change was filed. The end result incorrectly reduced the bag limit from ten all the way to three. The Commission approved bag limit should have been changed to five. Chapter 120, Florida Statutes, provides procedures for correcting errors, however, since a Notice of No Change was filed reflecting the incorrect bag limit and the final language has been published, this unique situation was not contemplated by Chapter 120.

SUMMARY: This proposed change would correct the recreational and commercial in Atlantic state waters bag limit to the Commission-approved five mutton snapper.

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:

DATE AND TIME: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. to 5:00 p.m., each day

PLACE: USF Student Center, 200 6th Ave South, St. Petersburg, Florida 33701

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

(1) Snapper.

(a) through (f) No change.

(g) Mutton snapper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 3 mutton snapper per day.  Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(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, 1-1-17.

 

68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits.

(1) through (2) No change.

(3) Bag and Trip Limits.

(a) Snapper.

1. No change.

2. Mutton snapper. From July 1 through March 31 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 500 pounds of mutton snapper per day or per trip, whichever is more restrictive. From April 1 through June 30 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 5 3 mutton snapper per day or 5 3 mutton snapper per trip, whichever is more restrictive.

3. No change

(b) through (e) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10, 1-12-11, 6-10-13, 10-16-14, 7-1-16, 1-1-17.

 

PROPOSED EFFECTIVE DATE: January 1, 2017

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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: September 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2016