NOAA Fisheries Service has published rules that reduce commercial and recreational fishing for black sea bass in the Atlantic Ocean. A stock assessment completed in 2011 showed that black sea bass are undergoing overfishing. This new rule would ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-14.0035: Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.0036: Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
68B-14.0045: Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits
68B-14.005: Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation
PURPOSE AND EFFECT: NOAA Fisheries Service has published rules that reduce commercial and recreational fishing for black sea bass in the Atlantic Ocean. A stock assessment completed in 2011 showed that black sea bass are undergoing overfishing. This new rule would modify recreational and commercial harvest regulations in the Atlantic Ocean to achieve consistency between the Commission’s black sea bass regulations and federal regulations in Atlantic federal waters. The Commission is considering changes to state regulations that would 1) increase the minimum size limits for commercial and recreational harvest to 11 inches total length (TL) and 13 inches TL respectively in the Atlantic, 2) decrease the recreational bag limit from 15 to five fish per person per day in the Atlantic, 3) require anyone fishing with black sea bass traps in Atlantic state waters to have a federal South Atlantic black sea bass pot endorsement and a commercial snapper grouper unlimited permit, and 4) change Atlantic state trap requirements to match federal trap specifications and requirements (This would include trap construction requirements, requiring traps to be set in waters north of Cape Canaveral, and requiring traps to be removed from the water and brought back to shore at the conclusion of each trip.).
The effect of these rule amendments is that federal and state regulations can be applied more consistently to all fishing activity in the Atlantic Ocean. Consistent regulations in state waters would contribute to the federal rebuilding plan and reduce the likelihood of catch exceeding federal annual catch limits. This should help ensure a sustainable harvest for the future.
SUMMARY: 68B-14.0035 (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to set the minimum size limits for black sea bass harvested from the Atlantic Ocean recreationally at 13 inches total length and commercially at 11 inches total length. 68B-14.0036 (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption) would be modified to reduce the recreational bag and possession limit for black sea bass for the Atlantic Ocean to five fish per person per day. 68B-14.0045 (Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits) would be amended to specify that for a person to fish with black sea bass traps in the Atlantic Ocean, a valid federal South Atlantic black sea bass pot endorsement and a valid federal South Atlantic snapper grouper unlimited commercial permit must be issued to and possessed aboard the vessel. 68B-14.005 (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation) would be modified to specify that black sea bass traps fished in the Atlantic Ocean must have a tag issued by the National Marine Fisheries Service attached and shall only be used north of 28°35.1’N latitude. The draft rule would also modify trap specifications in the Atlantic Ocean to be consistent with those for Atlantic federal waters. Additionally, this draft rule would require black sea bass traps fished in the Atlantic Ocean to be removed from the water at the end of each trip.
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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting December 5 - 6, 8:30 a.m. to 5:00 p.m., each day.
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320.
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-14.0035 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) No change.

(2)(a) Black sea bass harvested in the Gulf of Mexico or commercially harvested in the Atlantic Ocean 10 inches total length.

(b) Black sea bass harvested recreationally in the Atlantic Ocean, 11 inches total length in 2007, and 12 inches total length beginning January 1, 2008 13 inches total length.

(c) Black sea bass harvested commercially in the Atlantic Ocean 11 inches total length.

(3) through (7) No change.

PROPOSED EFFECTIVE DATE: February 1, 2013

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, 2-1-13.

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 5 15  black sea bass per day.

(5) through (9) No change.

PROPOSED EFFECTIVE DATE: February 1, 2013

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, 2-1-13.

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

(1) Licenses.

(a) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and:

1. through 3. No change.

4.  For a person to use a black sea bass trap in the Atlantic Ocean, a valid South Atlantic black sea bass pot endorsement as defined in 50 C.F.R. § 622.4(a)(2)(xv) and a valid commercial South Atlantic snapper-grouper unlimited permit must be issued to and possessed aboard the vessel.

(b) No change.

(c) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in the Atlantic Ocean who is required to possess any either or both of the federal permits listed in paragraph (a) is subject to any federal vessel possession limits that apply in the adjacent EEZ and shall not possess in or on state waters of the Atlantic Ocean more fish or pounds than specified in the federal regulations.

(d) No change.

(2) through (3) No change.

 

PROPOSED EFFECTIVE DATE: February 1, 2013

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, 2-1-13.

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. Each trap in the Atlantic Ocean shall comply with the definition of sea bass pots in 50 C.F.R. § 622.2.

2.1. Each trap in the Gulf of Mexico shall comply with the following specifications: (1)The outer dimensions domust not exceed 2 feet in height, 2 feet in width, and 2 feet in depth or a volume of 8 cubic feet, . and the The throat or entrance must does not exceed 5 inches in height and 2 inches in width at its narrowest point.

3.2. A biodegradable panel shall be part of each trap used to take black sea bass. Each trap in the Atlantic Ocean shall comply with the degradable panel and mesh size requirements for black sea bass pots defined in 50 C.F.R. § 622.40.  A black sea bass trap in the Gulf of Mexico shall be considered to have a “biodegradable panel” or a “degradable panel” if one of the following methods is used in construction of the trap:

a. through g. No change.

4.3. Escape vents. All black sea bass traps shall have an unobstructed escape vent opening on at least two opposite vertical sides, excluding top and bottom, that complies with one of the following minimum sizes:

a. through c. No change.

5.4. Trap marking requirements.

a. No change.

b. Each black sea bass trap in the water or onboard a vessel in the Atlantic Ocean must have a valid identification tag issued by National Marine Fisheries Service attached pursuant to 50 C.F.R. § 622.40(d)(1)(i)(D).

c.b. A buoy or time-release buoy shall be attached to each black sea bass trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be either white in color or the same color as the owner’s blue crab or stone crab buoy colors. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a black sea bass trap or attached to a trotline shall float on the surface of the water.

6.5. Each black sea bass trap used in state waters shall have a back panel (the side of the trap opposite the entrance) with mesh that is at least 2 inches between sides of the meshes, based on centerline measurements between opposite, parallel wires or netting strands.

7. In the Atlantic Ocean, black sea bass traps shall be removed from the water at the conclusion of each trip.

8.6. Black sea bass traps used in state waters shall be removed from the water once the commercial quota is met and the season is closed.

(c) No change.

(2) through (5) No change.

PROPOSED EFFECTIVE DATE: February 1, 2013

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, 2-1-13.

 

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.W.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 6, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 22, 2011