68B-14.0035: Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commissions Reef Fish Rule to become consistent with federal reef fish regulations for Gulf of Mexico greater amberjack, which is overfished and undergoing overfishing, and gray triggerfish, which is undergoing overfishing. The Gulf of Mexico Fishery Management Council developed regulatory actions for greater amberjack and gray triggerfish that became effective on August 4, 2008, which includes an increase in the recreational minimum size limit of greater amberjack from 28 inches fork length to 30 inches fork length, and the increase in the recreational and commercial minimum size limit for gray triggerfish from 12 inches fork length to 14 inches fork length.
The effect of this rule amendment is that federal and state regulations will be consistently applied in the Gulf of Mexico. Where practicable, this minimizes confusion with the public and aids enforceability. A further effect will be to remove inconsistency in state regulations regarding reef fish size limits as applied to commercial and recreational harvest.
SUBJECT AREA TO BE ADDRESSED: Reef Fish.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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) Banded rudderfish no less than 14 inches, no greater than 22 inches.
(b)1. Greater amberjack harvested recreationally from the Atlantic Ocean 28 inches.
2. Greater amberjack harvested recreationally from the Gulf of Mexico 30 inches.
3.2. Greater amberjack harvested commercially 36 inches.
(c) Lesser amberjack no less than 14 inches, no greater than 22 inches.
(2) No change.
(3) Gray triggerfish (measured in terms of fork length) 12 inches fork length.
(a) Gray triggerfish harvested in the Atlantic Ocean 12 inches.
(b) Gray triggerfish harvested in the Gulf of Mexico 14 inches.
(4) No change.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. HistoryNew 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,_______.
