The Commission is considering changes to state regulations that would set the recreational harvest season for red snapper in state waters of the Gulf of Mexico to be the Saturday before Memorial Day (May 23 for 2015) through July 12, resuming for ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0038Recreational Snapper Seasons

PURPOSE AND EFFECT: The Commission is considering changes to state regulations that would set the recreational harvest season for red snapper in state waters of the Gulf of Mexico to be the Saturday before Memorial Day (May 23 for 2015) through July 12, resuming for the Saturday, Sunday, and Monday of Labor Day weekend and Saturdays and Sundays throughout September and October. When October 31 falls on a Saturday, the last day of harvest would be Sunday, November 1. For 2015, this would result in a 70-day season. The purpose of this rule is to increase 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 fishing opportunities throughout the Gulf. The 2015 recreational red snapper season in Gulf federal waters is expected to be the shortest on record for private recreational anglers despite an expected quota increase. At the February 2015 meeting, the Commission proposed an extended season for Gulf state waters to increase opportunities for anglers fishing in state waters of the Gulf of Mexico.

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 the Saturday before Memorial Day through July 12, with the season resuming for the Saturday, Sunday, and Monday of Labor Day weekend and Saturdays and Sundays throughout September and October. When October 31 falls on a Saturday, the last day of harvest would 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:

DATES AND TIMES: During the Commission’s regular meeting April 14-16, 2015, 8:30 a.m. to 5:00 p.m., each day.

PLACE: FAMU Alfred Lawson Jr. Multipurpose Center, 1800 Wahnish Way, Tallahassee, FL 32307

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) Recreational 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 from the Saturday before Memorial Day through July 12 14, resuming Saturdays and Sundays from September 1 through October 31 as well as Labor Day, with the season closure beginning November 1 each year. If October 31 falls on a Saturday, the last day of harvest will be Sunday, November 1.

(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 each year from July 13 15 through August 31; all Mondays through Fridays beginning September 1 through October 31 excluding Labor Day; and November 1 through the Friday before Memorial Day the following year. If October 31 falls on a Saturday, the season will close beginning November 2 instead of November 1. no person shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, any red snapper.

PROPOSED EFFECTIVE DATE: May 23, 2015

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.

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 5, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2015