There are two Individual Fishing Quota (IFQ) programs for commercial harvest in the Gulf of Mexico: red snapper and grouper/tilefish. These are federal programs, but they apply to all commercial harvest of red snapper, groupers, and tilefishes in ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

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

68B-14.0046Transit Through State Waters During Closed Seasons

PURPOSE, EFFECT AND SUMMARY: There are two Individual Fishing Quota (IFQ) programs for commercial harvest in the Gulf of Mexico: red snapper and grouper/tilefish. These are federal programs, but they apply to all commercial harvest of red snapper, groupers, and tilefishes in both Gulf state and federal waters. Gulf IFQ program participants must follow unique requirements and procedures such as real-time, electronic tracking of vessel location harvest and quota accounting; landing notification requirements; and restrictions on where and when fish can be landed and offloaded. These requirements apply to Gulf IFQ program participants regardless of where they are fishing (federal or state waters). Currently, FWC rules require all commercial harvesters that harvest or possess any IFQ-managed species in the Gulf of Mexico to have a federal Gulf IFQ vessel account.

At its April 2018 meeting, the FWC Commission modified commercial regulations in Gulf state waters to be consistent with federal regulations for the commercial Gulf red snapper and Gulf grouper/tilefish individual fishing quota (IFQ) programs. The purpose of the proposed action is to add other important requirements for Gulf commercial red snapper and grouper/tilefish IFQ fisheries operations, dealer endorsements, landings, and transactions to FWC rule. This federal consistency action will allow FWC to enforce federal Gulf commercial IFQ regulations at the state level.

Rule 68B-14.0045 F.A.C. will be modified to reference federal Gulf IFQ regulations, which will be outlined in the new rule 68B-14.0046, F.A.C. These rules will take effect January 1, 2019.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [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-14.0045 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 2. No change.

3. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, commercial individual fishing quota (IFQ) regulations, as defined in Rule 68B-14.0046, F.A.C., shall apply. a Gulf IFQ vessel account, as defined in 50 C.F.R. §622.4(a)(2)(ix), for the applicable species must be established as defined in 50 C.F.R. §622.16(c)(1)(i) or 622.20(c)(1)(i) issued to and possessed aboard the vessel.

4. No change.

(b) through (e) No change.

(2) through (3) 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,         .

 

68B-14.0046 Commercial Individual Fishing Quotas (IFQs)

(1) For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued or is required to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, the following requirements, as defined in 50 C.F.R. §622.21 and 50 C.F.R. §622.22 for the Gulf Individual Fishing Quota (IFQ) programs shall apply:

(a) Red Snapper

1. Gulf IFQ vessel account requirements consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(1) (as of January 1, 2019).

2. Requirement to possess IFQ Dealer Endorsement and active IFQ account consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(2) (as of January 1, 2019).

3. Red snapper may only be sold to dealer in possession of IFQ Endorsement consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(i) (as of January 1, 2019).

4. Dealer must complete landing transaction within 96 hours from time of landing reported consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(iii) (as of January 1, 2019).

5. Fisherman must validate transaction report consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(iii) (as of January 1, 2019).

6. Owner or operator must provide proper landing notification consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(A) (as of January 1, 2019).

7. Fishermen must land with sufficient allocation consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(A) (as of January 1, 2019).

8. Landing prior to notification time is prohibited unless consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(C) (as of January 1, 2019).

9. Changes to landing notification must be submitted consistent with Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(D) (as of January 1, 2019).

10. Offloading of IFQ red snapper must occur only between 6 a.m. and 6 p.m., local time consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(ii) (as of January 1, 2019).

11. Transfer of IFQ red snapper dockside or at sea from one vessel to another is prohibited consistent with Federal Standard established in 50 C.F.R. §622.21(b)(5)(iii) (as of January 1, 2019).

12. Transaction approval codes required for transport of IFQ red snapper from landing site to dealer consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(iv) (as of January 1, 2019).

13. Acceptance by dealer of IFQ red snapper without transaction code after transport is prohibited consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(iv) (as of January 1, 2019).

14. Landing of IFQ red snapper only at approved landing locations consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(v) (as of January 1, 2019).

(b) Groupers and tilefishes (red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish).

1. Gulf IFQ vessel account requirements consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(1) (as of January 1, 2019).

2. Requirement to possess IFQ Dealer Endorsement and active IFQ account consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(2) (as of January 1, 2019).

3. Groupers and tilefishes may only be sold to dealer in possession of IFQ Endorsement consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(i) (as of January 1, 2019).

4. Dealer must complete landing transaction within 96 hours from time of landing reported consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(iii) (as of January 1, 2019).

5. Fisherman must validate transaction report consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(iii) (as of January 1, 2019).

6. Owner or operator must provide proper landing notification consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(A) (as of January 1, 2019).

7. Fishermen must land with sufficient allocation consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(A) (as of January 1, 2019).

8. Landing prior to notification time is prohibited unless consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(C) (as of January 1, 2019).

9. Changes to landing notification must be submitted consistent with Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(D) (as of January 1, 2019).

10. Offloading of IFQ groupers and tilefishes must only occur between 6 a.m. and 6 p.m., local time consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(ii) (as of January 1, 2019).

11.Transfer of IFQ groupers and tilefishes dockside or at sea from one vessel to another is prohibited consistent with Federal Standard established in 50 C.F.R. §622.22(b)(5)(iii) (as of January 1, 2019).

12. Transaction approval codes required for transport of IFQ groupers and tilefishes from landing site to dealer consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(iv) (as of January 1, 2019).

13. Acceptance by dealer of IFQ groupers and tilefishes without transaction code after transport is prohibited consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(iv) (as of January 1, 2019).

14. Landing of IFQ groupers and tilefishes only at approved landing locations consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(v) (as of January 1, 2019).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New _______.