NOAA Fisheries approved a rule increasing the recreational minimum size limit from 30 to 34 inches fork length for greater amberjack in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.37(c)(4), effective January 4, 2016). This federal rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0035Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries approved a rule increasing the recreational minimum size limit from 30 to 34 inches fork length for greater amberjack in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.37(c)(4), effective January 4, 2016). This federal rule change is based on a 2014 greater amberjack stock assessment, which indicated the stock is overfished and undergoing overfishing. At its June 2015 meeting, the Florida Fish and Wildlife Conservation Commission approved an increase to the recreational minimum size limit from 30 to 34 inches fork length for greater amberjack in state waters of the Gulf of Mexico. The purpose of this rule is to achieve consistency between the Commission’s greater amberjack regulations and regulations in federal waters of the Gulf of Mexico.

The effect of the rule amendment is that state and federal regulations can be applied more consistently to all recreational fishing activity for greater amberjack in the Gulf of Mexico. Consistent regulations in state waters would contribute to the federal rebuilding plan and possibly increase the length of the federal season because it would take longer for recreational anglers to reach the recreational annual catch limit with the increased size limit. This would benefit federally-permitted for-hire vessels that are required to follow federal rules for greater amberjack, even when fishing in state waters, and would also benefit private recreational anglers that fish for greater amberjack in federal waters.

68B-14.0035 (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.) would be amended to specify a 34 inch fork length recreational minimum size limit for greater amberjack in the Gulf of Mexico.

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-14.0035 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) No change.

(b)1. No change.

2. Greater amberjack harvested recreationally from the Gulf of Mexico 3034 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(4) as of January 4, 2016.

3. No change.

(2) through (7) 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 46-14.0035, 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, 5-24-14, 1-4-16.