The Commission is considering changes to state regulations that would modify the recreational harvest season for red snapper in state waters of the Gulf of Mexico. The season would first open for Saturdays and Sundays in May starting the first ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-14.0038 Recreational Snapper Seasons

PURPOSE AND EFFECT: The Commission is considering changes to state regulations that would modify the recreational harvest season for red snapper in state waters of the Gulf of Mexico. The season would first open for Saturdays and Sundays in May starting the first Saturday in May (May 6 for 2017). The season would open each day of the week beginning the Saturday before Memorial Day (May 27 for 2017) through the Sunday following July 4. Finally, the season would reopen for Fridays, Saturdays, Sundays in September and October including Labor Day (Monday, September 4 in 2017). The purpose of this rule is to maintain recreational red snapper fishing opportunities in Gulf state waters.

The effect of this rule amendment is to balance the economic and social needs of Florida’s recreational anglers with the conservation needs of red snapper in the Gulf of Mexico. Federal season lengths have been decreasing since 2008 resulting in decreased red snapper fishing opportunities throughout the Gulf. The 2017 recreational red snapper season for private anglers in Gulf federal waters has not yet been announced, but is not expected to be longer than last year’s 9-day season. At the February 2017 meeting, the Commission proposed a Gulf state waters season similar to the state season structure in 2016.

SUMMARY: The proposed final rule would modify the recreational harvest season for red snapper in all state waters of the Gulf of Mexico to be Saturdays and Sundays in May beginning the first Saturday in May; opening each day of the week from the Saturday before Memorial Day through the Sunday following July 4; with the season resuming for Fridays, Saturdays, and Sundays throughout September and October including Labor Day. If October 31 falls on a Saturday, the last day of harvest will be Sunday, November 1.

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 April 19-20, 2017, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Florida Public Safety Institute, 85 Academy Drive, Havana, FL 32333

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, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-14.0038 Recreational Snapper Seasons.

(1) Red Snapper Open Seasons. In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be:

(a) Saturdays and Sundays beginning the first Saturday in May May 7,

(b) Each day of the week opening continuously beginning the Saturday before Memorial Day through the Sunday following July 4 July 10,

(c) resuming for Fridays, Saturdays, and Sundays from September 1 through October 31 as well as Labor Day.

(2) Red Snapper Closed Seasons.  Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., no person shall harvest in or from state waters of the Gulf of Mexico any red snapper outside of the open season identified in subsection (1). Recreational harvest shall be prohibited starting November 1 each year and shall not reopen until the first Saturday in May the following year.  If October 31 falls on a Saturday, the last day of harvest will be Sunday, November 1. each year on Mondays throughy Fridays from May 7 until Memorial Day; from July 11 through August 31; all Mondays through Thursdays beginning September 1 through October 31 excluding Labor Day; and November 1 through May 6 the following year.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-16-09, 6-4-10, 10-8-10, 7-22-11, 7-6-12, 5-31-13, 10-31-13, 5-24-14, 5-23-15, 5-7-16, 5-5-17.

PROPOSED EFFECTIVE DATE: May 5, 2017

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.R.

 

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: February 8, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017