The Florida Fish and Wildlife Conservation Commission (Commission) is considering a proposed rule amendment that would replace the reporting requirements of the Gulf Reef Fish Survey (GRFS), which expires June 30, 2020, with those of a State Reef ...

 

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 a proposed rule amendment that would replace the reporting requirements of the Gulf Reef Fish Survey (GRFS), which expires June 30, 2020, with those of a State Reef Fish Survey (SRFS). This change would require recreational harvesters to annually report if they intend to fish for or possess certain reef fish species while aboard a private vessel in or on Florida waters. The reef fish included in the SRFS reporting requirement would be the same as those for GRFS (red snapper, vermilion snapper, black grouper, gag grouper, red grouper, greater amberjack, lesser amberjack, almaco jack, banded rudderfish, and gray triggerfish) plus mutton snapper, yellowtail snapper, and hogfish. Additionally, the proposed rule amendment would remove an outdated reference to the 2018 and 2019 Gulf Reef Fish State For-hire Pilot Program, which has ended.

The effects of the rule amendment would be enhanced data collection for recreationally-caught reef fish throughout Florida. SRFS would be used to collect more accurate, precise, and timely catch and effort estimates to inform management of key recreational reef fish fisheries statewide.

SUMMARY: The rule amendment would replace the Gulf Reef Fish Survey with the State Reef Fish Survey and create an annual requirement for recreational fishers to report if they intend to harvest, attempt to harvest, or possess certain reef fish while aboard a private vessel in or on Florida waters. The rule amendment would add mutton snapper, yellowtail snapper, and hogfish to list of reef fish included in this reporting requirement. The rule amendment would also remove outdated rule language regarding an expired for-hire data collection program.

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: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 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 May 13–14, 2020, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Hilton Miami Dadeland, 9100 North Kendall Drive, Miami, Florida, 33176

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, 620 S. Meridian St., Tallahassee, Florida 32399, 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 Recreational harvesters are required to report their intention to harvest or attempt to harvest certain reef fish species annually in the upcoming year. A recreational harvester may not harvest, attempt to harvest, or possess the following reef fish species 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 State 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) Amberjacks.

1. Almaco jack.

2. Banded rudderfish.

3. Greater amberjack.

4. Lesser amberjack.

(b) Gray triggerfish.

(c) Groupers.

1. Black grouper.

2. Gag grouper.

3. Red grouper.

(d) Hogfish.

(e) Snappers.

1. Mutton snapper.

2. Red snapper.

3. Vermilion snapper.

4. Yellowtail snapper.

(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.

(3)(b) 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 paragraph 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).

PROPOSED EFFECTIVE DATE: July 1, 2020.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-14, Amended 6-11-18, 7-1-20.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 19, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 27, 2020.