A federal stock assessment update completed in 2011 showed that gray triggerfish are overfished and undergoing overfishing in the Gulf of Mexico. The new rule and rule amendment would modify recreational harvest regulations in Gulf of Mexico state ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.0036Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

68B-14.0041Recreational Gulf Gray Triggerfish Season

PURPOSE, EFFECT AND SUMMARY: A federal stock assessment update completed in 2011 showed that gray triggerfish are overfished and undergoing overfishing in the Gulf of Mexico. The new rule and rule amendment would modify recreational harvest regulations in Gulf of Mexico state waters by establishing a closed season in June and July during peak spawning, and establish a 2-fish recreational bag limit. The purpose of these rules is to achieve consistency between the Commission’s Gulf gray triggerfish regulations and expected federal regulations in the Gulf of Mexico. The Secretary of Commerce has approved similar rules for Gulf of Mexico federal waters and these regulations take effect on June 10, 2013. New federal rules for the commercial sector are also expected to take effect and include a closed season from June 1 to July 31 and a 12-fish commercial trip limit. However, no changes to state rules are needed to achieve consistency between state and federal rules for commercial gray triggerfish harvest because existing state regulations already require commercial fishermen harvesting gray triggerfish in Gulf state waters to follow federal regulations.

The effect of the new rule and rule amendment is that federal and state regulations can be applied more consistently to recreational harvest of gray triggerfish in the Gulf of Mexico. A consistent recreational closed season and bag limit in state waters would contribute to the federal rebuilding plan and reduce the likelihood of catch exceeding federal annual catch limits. This should help ensure a sustainable harvest for the future.

Rule 68B-14.0036, F.A.C. would be modified to establish a June 1 through July 31 annual recreational closed season for gray triggerfish in the Gulf of Mexico. A new Rule 68B-14.0041, F.A.C.; Recreational Gulf Gray Triggerfish Season, would be created and establish a two-fish recreational bag limit for Gulf gray triggerfish. These changes were approved by the Commission at their February 13-14, 2013 meeting in Orlando.

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-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.

(1) Snapper.

(a) through (e) No change.

(f) Cubera snapper.

1. Cubera snapper of a total length less than thirty inches (30'') shall be included in the aggregate snapper bag and possession limit established in paragraph (a), and the exception provided in subsection (9)(8).

2. No change.

(2) through (7) No change.

(8) Gray Triggerfish. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Gulf of Mexico nor possess in or on the state waters of the Gulf of Mexico more than two gray triggerfish at any time (consistent with the Federal Standard established in 50 C.F.R. § 622.38(b)(5) as of June 10, 2013).

(8) through (9) renumbered as (9) through (10) No change.

PROPOSED EFFECTIVE DATE: June 10, 2013.

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 46-14.0036, Amended 10-22-99, 1-1-00, 3-6-00, 3-1-01, 1-1-03, 1-3-05, 9-16-05, 1-1-06, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 10-16-09, 1-19-10, 12-30-11, 7-1-12, 6-10-13.

 

68B-14.0041 Recreational Gulf Gray Triggerfish Season.

In all state waters of the Gulf of Mexico the recreational harvest and possession of gray triggerfish shall be prohibited June 1 through July 31, each year (consistent with the Federal Standard established in 50 C.F.R. § 622.34(f) as of June 10, 2013).

PROPOSED EFFECTIVE DATE: June 10, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-10-13.