The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state regulations that would require charter, headboat, and saltwater fishing guide operations that target or harvest certain reef fish in Gulf of Mexico ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.009Reporting Requirement

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state regulations that would require charter, headboat, and saltwater fishing guide operations that target or harvest certain reef fish in Gulf of Mexico state waters (excluding Monroe County) to report their intention to harvest or attempt to harvest the following species: red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack. This proposed final rule would apply for the years 2018 and 2019 only, which coincides with a proposed pilot program in which the Commission would set recreational regulations for the Gulf of Mexico red snapper fishery in both state and federal waters off Florida. Section 379.354(7)(e), Florida Statutes, requires that for-hire operations licensed by the Commission must maintain and report data as required by Commission rules. The purpose of this rule amendment is to establish a mechanism for identifying which for-hire operations are targeting Gulf red snapper and other Gulf reef fish. This requirement would not apply to vessels fishing under a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish. This federal for-hire population of Gulf for-hire operations has a separate for-hire season and quota for federal waters and would not be affected by the Commission’s proposed pilot program. For-hire operations that harvest or target reef fish in waters off Monroe County are excluded from this regulation because red snapper are rarely landed recreationally in Monroe County, and some waters off Monroe County follow Atlantic regulations for red snapper and other reef fish.

The effect of this rule amendment will be the identification of for-hire operations targeting Gulf red snapper and other Gulf reef fish in state waters via the Gulf Reef Fish State For-Hire Pilot Program. As a condition of the Commission’s proposed pilot program, the Commission must provide NOAA Fisheries with a list of entities that are eligible to harvest red snapper in the pilot program. To meet this condition, Commission staff will provide NOAA Fisheries with a list of for-hire operations that sign up for the Gulf Reef Fish State For-Hire Pilot Program.

Anglers fishing for reef fish in the Gulf of Mexico commonly catch red snapper when they are targeting other reef fish. For this reason, this reporting requirement would be applied to for-hire operations that harvest or intend to harvest the reef fish listed above. This will allow legal-sized red snapper that are caught incidentally on reef fish trips during red snapper season to be harvested.

SUMMARY: The proposed final rule would require charter, headboat, and saltwater fishing guide operations that target or harvest certain reef fish in Gulf of Mexico state waters (excluding Monroe County) to report their intention to harvest or attempt to harvest the following species: red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack. This proposed final rule would apply for the years 2018 and 2019 only, and would exclude vessels fishing under a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish.

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 25-26, 2018; 8:30 a.m. to 5:00 p.m., each day.

PLACE: Marriott Fort Lauderdale North, 6650 North Andrews Avenue, Fort Lauderdale, Florida 33309

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-14.009 Reporting Requirement

The purpose and intent of this rule is to improve recreational harvest data collection capabilities for certain reef fish species by identifying the population of anglers and vessels for hire fishing for these species.

(1) From April 1, 2015 through June 30, 2020, recreational harvesters are required to report their intention to harvest or attempt to harvest certain reef fish species in the upcoming year. A recreational harvester may not harvest, attempt to harvest, or possess red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack while aboard a vessel in or on Florida Waters of the Gulf of Mexico excluding Monroe County, unless that person has reported their intention to do so to the Gulf Reef Fish Survey. Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(a)(2) Proof of submission of the report required in subsection (1), must be in the personal possession of the recreational harvester while the recreational harvester is harvesting, attempting to harvest or possessing these species aboard a vessel in Florida Waters of the Gulf of Mexico excluding Monroe County.

(b)(3) Persons meeting the criteria outlined in paragraphs 379.353(2)(a), (i), (j), and (o), F.S. are exempt from the reporting requirement in subsection (1).

(2) In accordance with 379.354(7)(e) F.S., owners, operators, or custodians of vessels for hire are required to report their intention to harvest or attempt to harvest certain reef fish species during the years 2018 and 2019. A vessel for hire may not harvest, attempt to harvest, or possess red snapper, vermilion snapper, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack in or on Florida Waters of the Gulf of Mexico excluding Monroe County, unless the owner, operator, or custodian for the vessel for hire has reported their intention to do so to the Gulf Reef Fish State For-Hire Pilot Program. Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational vessel licenses is a non-criminal infraction.

(a) Proof of submission of the report required in subsection (2), must be aboard the vessel for hire while the vessel for hire is harvesting, attempting to harvest, or possessing these species in Florida Waters of the Gulf of Mexico excluding Monroe County.

(b) Vessels for hire that possess aboard the vessel a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish pursuant to 50 C.F.R. §622.20(b) are exempt from the reporting requirement in subsection (2).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-14,________.

 

PROPOSED EFFECTIVE DATE: May 25, 2018

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, and [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, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018