The Commission is considering changes to state regulations that create a Gulf Reef Fish Data Reporting System, which would require private recreational anglers to report their intention to harvest or attempt to harvest the certain reef fish species ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.002Definitions

68B-14.009License Requirements

PURPOSE AND EFFECT: The Commission is considering changes to state regulations that create a Gulf Reef Fish Data Reporting System, which would require private recreational anglers to report their intention to harvest or attempt to harvest the certain reef fish species in the Gulf of Mexico, excluding Monroe County. The purpose and intent of this rule is to improve recreational harvest data collection capabilities for these reef fish species by identifying the population of anglers fishing for these species. The proposed Gulf Reef Fish Data Reporting System would be mandatory for private recreational anglers fishing from a boat off Florida’s Gulf coast (excluding Monroe County) that intend to harvest, attempt to harvest, or possess one or more of the following reef fish species: red snapper, gag, greater amberjack, lesser amberjack, banded rudderfish, almaco jack, red grouper, black grouper, vermilion snapper, and gray triggerfish. Children under 16 years of age, as well as anglers fishing from for-hire vessels or anglers fishing from a state-licensed recreational fishing vessel would be exempt from this requirement. Additionally, Commission employees harvesting for Commission business and any person otherwise authorized by a permit issued by the Commission to harvest for educational or scientific purposes would be exempt from reporting requirements. Monroe County would be excluded because anglers fishing for grouper in state waters of Monroe County follow Atlantic grouper regulations. Additionally, these rule changes would remove the definition of recreational harvester from the Commission’s reef fish rule. This definition conflicts with the definition of recreational harvester in the General Definitions Rule 68B-2.001, F.A.C., which applies to all FWC marine fisheries rules in Division 68B, F.A.C.

The effect of this rule amendment is current recreational harvest data collection efforts for these Gulf reef fish species would be enhanced. These species represent the majority of offshore reef fish harvest by Florida Gulf coast anglers. This data reporting system would be used to collect more accurate, precise, and timely catch and effort estimates for key recreational reef fish fisheries off Florida’s Gulf coast.

SUMMARY: The proposed final rule would create a Gulf Reef Fish Data Reporting System, which would require private recreational anglers to report their intention to harvest or attempt to harvest the certain reef fish species in the Gulf of Mexico, excluding Monroe County. The proposed final rule would also remove the definition of recreational harvester from the Commission’s reef fish rule.

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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 17, 2014, 1:00 p.m. – 5:00 p.m.; June 18, 2014, 8:30 a.m. – 5:00 p.m.; June 19, 2014, 8:30 a.m. ‒ 5:00 p.m., each day

PLACE: Crowne Plaza at Bell Tower Shops, 13051 Bell Tower Drive, Ft. Myers, FL 33907

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.002 Definitions.

For purposes of this chapter, except where the context clearly requires otherwise:

(1) through (11) No change.

(12) “Recreational harvester” means any person, other than a person harvesting for commercial purposes, who harvests fish in or from the waters of the State of Florida.

(13) through (15) renumbered (12) through (14) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-1-94, 1-1-98, 12-31-98, Formerly 46-14.002, Amended 1-1-00, 1-1-03, 7-1-06,__________.

 

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 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 Data Reporting System. Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

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

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New_________.

 

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.W.

 

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: April 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2014