The Florida Fish and Wildlife Conservation Commission is modifying greater amberjack recreational and commercial regulation limits in Atlantic state waters based on the results of a recent stock assessment and stakeholder ....

 

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

68B-14.004Recreational Amberjack Season

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

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission is modifying greater amberjack recreational and commercial regulation limits in Atlantic state waters based on the results of a recent stock assessment and stakeholder feedback about the Atlantic greater amberjack fishery. A recent stock assessment determined Atlantic greater amberjack is not overfished or undergoing overfishing, and the South Atlantic Fishery Management Council recently took action to amend greater amberjack commercial and recreational regulations.

The purpose of these rule changes is to modify greater amberjack commercial and recreational regulations in Atlantic state waters to provide additional conservation benefits and harvest opportunities.

The effect of the rule amendments for greater amberjack is to reduce the commercial size limit from 36 to 34 inches fork length for Atlantic state waters, reduce the statewide import size limit from 36 to 34 inches fork length, establish a recreational spawning season closure in April for Atlantic state waters, and remove outdated commercial language.

SUMMARY: These rule amendments modify the greater amberjack commercial size limit and recreational season in Atlantic state waters, as well as modify the statewide greater amberjack statewide import size limit and remove outdated commercial language.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 SCHEDULED AND ANNOUNCED IN THE FAR.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.0035 Size Limits: Amberjacks, 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) Amberjacks (measured in terms of fork length).

(a) through (b) No change.

(c)1. Greater amberjack harvested recreationally from the Atlantic Ocean 28 inches.

2. Greater amberjack harvested recreationally from the Gulf of Mexico 34 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(c)(4) as of January 4, 2016.

3. Greater amberjack harvested commercially from the Gulf of Mexico 36 inches.

4. Greater amberjack harvested commercially from the Atlantic Ocean 34 inches.

(d) Lesser amberjack no less than 14 inches, no greater than 22 inches.

(2) through (7) No change.

PROPOSED EFFECTIVE DATE: October 26, 2023.

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, 7-9-15, 1-4-16, 6-1-16, 7-1-16, 11-17-16, 1-1-17, 8-24-17, 1-16-18, 7-23-18, 1-15-19, 7-1-19, 7-1-20, 7-1-22, 10-26-23.

 

68B-14.00355 Size Limits for Importation and Sale.

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

(a) No change.

(b) Greater amberjack 346 inches fork length.

(c) through (f) No change.

(2) through (4) No change.

PROPOSED EFFECTIVE DATE: October 26, 2023.

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, 7-9-15, 11-17-16, 1-1-17, 8-24-17, 7-1-19, 7-1-22, 10-26-23.

 

 

68B-14.004 Recreational Amberjack Season.

(1) In all state waters of the Gulf of Mexico the recreational harvest and possession of greater amberjack shall be prohibited November 1 through April 30 and June 1 through July 31, each year (consistent with the Federal Standard established in 50 C.F.R. §622.34(c) as of April 30, 2018).

(2) In all state waters of the Atlantic Ocean the recreational harvest and possession of greater amberjack shall be prohibited in the month of April, each year.

PROPOSED EFFECTIVE DATE: October 26, 2023.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-11, Amended 4-30-18, 10-26-23.

 

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

(1) No change.

(2) Season Closures.

(a) through (d) No change

(e) During the months of March, April and May of each year, the harvest and possession in quantities greater than the recreational bag limits specified in Rule 68B-14.0036, F.A.C., and the purchase, sale and exchange of any species of amberjack harvested from state waters, is prohibited.

(e)(f) During the period beginning September 20 and continuing through October 4 of each year, no black sea bass trap as defined in Rule 68B-4.020 and in paragraph 68B-14.005(1)(b), F.A.C., shall be placed in state waters of the Gulf of Mexico seaward of three nautical miles from shore.

(3) Bag and Trip Limits.

(a) through (b) No change.

(c) Amberjack. Except during the three-month closed season specified in paragraph (2)(e), no more than 1,000 pounds of greater amberjack harvested in or from state waters of the Atlantic Ocean shall be possessed aboard any vessel or landed from such a vessel per day.

(c)(d) No person harvesting for commercial purposes shall, on the same trip, harvest or possess reef fish species pursuant to the recreational bag limit specified in Rule 68B-14.0036, F.A.C.

PROPOSED EFFECTIVE DATE: October 26, 2023.

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, 1-1-19, 7-1-19, 10-26-23.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 28, 2023