The Florida Fish and Wildlife Conservation Commission is modifying cobia recreational and commercial size, bag, and vessel limits based on the results of a recent stock assessment and stakeholder concerns about the status ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-19.002Definitions

68B-19.003Size Limit; Landed in Whole Condition Requirement

68B-19.004Bag and Vessel Limits

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission is modifying cobia recreational and commercial size, bag, and vessel limits based on the results of a recent stock assessment and stakeholder concerns about the status of the cobia fishery. A recent stock assessment determined cobia is undergoing overfishing, and the Gulf of Mexico and South Atlantic Fishery Management councils recently took action to amend cobia regulations in federal waters to reduce harvest and improve stock abundance.

The purpose of these rule changes for cobia is to help end overfishing, improve stock abundance, and ensure future fishing opportunities.

The effect of the rule amendments is to increase the size limit from 33 to 36 inches fork length in all state waters, reduce commercial bag limit from 2 to 1 fish per harvester per day for Atlantic state waters, and reduce the commercial and recreational vessel limit from 6 to 2 fish per vessel per day for Atlantic state waters.

SUMMARY: These rule amendments modify cobia size, bag, and vessel limits for commercial and recreational fishermen in state waters. These amendments are consistent with pending regulations in adjacent federal waters.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: 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-19.002 Definitions.

(1) “Atlantic Region” means all Florida Waters lying outside of the Gulf Region.

(2) “Cobia,” also known as ling, means a fish of the species Rachycentron canadum, or any part thereof.

(3) “Gulf Region” means all Florida Waters lying north of the Monroe-Collier county line (25°48.216' North Latitude).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 1-1-90, 8-31-98, Formerly 46-19.002, Amended 3-22-01, 9-1-13, 2-11-18, 7-1-22.

 

68B-19.003 Size Limit; Landed in Whole Condition Requirement.

(1) Size Limit – A person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a cobia that is less than 3633 inches in fork length.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, 7-1-22.

 

68B-19.004 Bag and Vessel Limits.

(1) Recreational Bag Limits – A recreational harvester may not harvest or land from Florida Waters, or possess in or on Florida Waters, more than 1 cobia per day.

(a) Bag Limit – A recreational harvester may not harvest or land from Florida Waters, or possess in or on Florida Waters, more than 1 cobia per day.

(b) Vessel Limit – The recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 2 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits.

(2) Commercial Bag Limits –

(a) Bag Limit – A commercial harvester may not harvest or land from Florida Waters, or possess in or on Florida Waters, more than 1 cobia per day. Atlantic Region – A commercial harvester may not harvest or land from the Atlantic Region, or possess in or on waters of the Atlantic Region, more than 2 cobia per day.

(b) Vessel Limit – The commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 2 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits. Gulf Region – A commercial harvester may not harvest or land from the Gulf Region, or possess in or on the waters of the Gulf Region, more than 1 cobia per day.

(3) General Vessel Limit –

(a) Atlantic Region – The persons aboard a vessel in or on waters of the Atlantic Region may not collectively possess more than 6 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits.

(b) Gulf Region – The persons aboard a vessel in or on waters of the Gulf Region may not collectively possess more than 2 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-90, Formerly 46-19.004, Amended 3-22-01, 9-1-13, 2-11-18, 7-1-22.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 4, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 12, 2022