The purpose of these rule amendments is to address state rules for reef fish species that are not federally managed. In 2011, both the Gulf and South Atlantic Fishery Management Councils were required to establish annual catch limits (ACLs) for all ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-14.001 Purpose and Intent, Designation as Restricted Species

68B-14.0035Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper

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

68B-14.0039Recreational Grouper Seasons

68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE AND EFFECT: The purpose of these rule amendments is to address state rules for reef fish species that are not federally managed. In 2011, both the Gulf and South Atlantic Fishery Management Councils were required to establish annual catch limits (ACLs) for all federally-managed species. During this process, both Councils removed from federal management several reef fish species that had very low landings, a majority of landings from state waters, or not enough information to set reliable ACLs. Once these species were removed from federal management, all regulations, such as bag limits, size limits, and commercial permit requirements no longer applied to harvest of these species in federal waters. In 2015, the South Atlantic Fishery Management Council removed four more species from federal management: black snapper, dog snapper, mahogany snapper, and schoolmaster snapper. These species all have very low landings, and the Council felt Florida could effectively manage these species because they occur off south Florida. As such, FWC sent a letter of support to the Council stating the FWC’s intent to assume management of these species in federal waters. Removal of federal rules for these species is now pending approval by the U.S. Secretary of Commerce. These amendments would apply state rules (such as size limits, bag limits, and state permit requirements) in adjacent federal waters for reef fish species that are not managed in adjacent federal waters. One exception to this is tiger grouper, which is a deepwater species that is rarely landed and was removed from federal management in 2011. These rule amendments remove tiger grouper from state management because this species is not targeted or frequently encountered by fishermen.

Currently, state rules require commercial harvesters to meet certain federal requirements to harvest reef fish species in state waters, and some of those species have been removed from federal management or were never managed in federal waters. These rule amendments remove the requirement for commercial harvesters to have a federal permit to harvest species that are not federally managed. They also remove the requirement for commercial harvesters to have a federal Gulf IFQ vessel account to harvest species that are no longer federally managed.

Finally, many of the species that have been removed from federal management are included in the state snapper or grouper recreational aggregate bag limits, so these aggregate bag limits would be extended into adjacent federal waters as part of this amendment. One exception to this would be red snapper. Red snapper is included in the state snapper aggregate but not the Atlantic or Gulf federal aggregates, so the Commission proposes clarifying that red snapper would only be included in the snapper aggregate when harvested from state waters.

The effect of these rule amendments is to: increase enforceability of state rules; have regulations that are consistent across coasts and state and federal boundaries for reef fish species that have been removed from federal management; and remove tiger grouper from state management.

SUMMARY: 1) Remove federal commercial requirements from state rule for species that are not managed in adjacent federal waters. This would:

a. Remove the federal South Atlantic snapper-grouper permit requirement for Atlantic commercial harvest of wenchman, black snapper, dog snapper, mahogany snapper, and schoolmaster;

b. Remove the federal Gulf reef fish permit requirement for Gulf commercial harvest of misty grouper, rock hind, red hind, coney, graysby, black snapper, dog snapper, mahogany snapper, and schoolmaster;

c. Remove the federal Gulf IFQ vessel account requirement for commercial harvest of Gulf red hind, rock hind, misty grouper, blackline tilefish, and anchor tilefish.

2) In the absence of federal rules, apply state rules in adjacent federal waters for reef fish species. This would essentially:

a. Extend statewide regulations into federal waters for black snapper, dog snapper, mahogany snapper, and schoolmaster;

b. Extend Gulf state regulations into adjacent federal waters for misty grouper, red hind, rock hind, coney, and graysby;

c. Extend Atlantic state regulations into adjacent federal waters for wenchman.

3) Extend recreational snapper and grouper aggregate bag limits into adjacent federal waters (except in the case of red snapper).

4) Remove tiger grouper from state management.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting June 22-23, 2016, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Franklin County School – Gymnasium, 1250 Highway 98, Eastpoint, FL 32328

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-14.001 Purpose and Intent, Designation as Restricted Species.

(1) Purpose and intent.

(a) through (b) No change.

(c) The regulations in this chapter apply in all state waters and, in the absence of any regulations for the following species in federal waters, apply in adjacent federal EEZ waters.

(a) Grouper.

1. Coney.

2. Graysby.

3. Misty grouper.

4. Red hind.

5. Rock hind.

(b) Snapper.

1. Black snapper.

2. Dog snapper.

3. Mahogany snapper.

4. Schoolmaster.

5. Wenchman.

(2) Designation as restricted species. The following species are hereby designated as restricted species pursuant to Section 379.101(32), F.S.:

(a) No change.

(b) Groupers and Sea Basses – Family Serranidae:

1. through 14. No change.

15. Tiger grouper – Mycteroperca tigris.

16. through 18. renumbered 15. through 18. No change.

(c) through (g) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-31-94, 12-31-98, Formerly 46-14.001, Amended 1-1-00, 1-1-03, 7-1-07, 7-1-16.

 

68B-14.0035 Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.

No person shall land, possess, unnecessarily destroy, purchase, exchange, sell or offer for sale any of the following species harvested in or from state waters, of a length less than set forth as follows:

(1) through (6) No change.

(7) Snapper (measured in terms of total length).

(a) through (b) No change.

(c) Dog snapper 12 inches within or without Florida waters.

(d) through (e) No change.

(f) Mahogany snapper 12 inches within or without Florida waters.

(g) through (k) No change.

(l) Schoolmaster snapper 10 inches within or without Florida waters.

(m) through (o) No change.

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 46-14.0035, Amended 1-1-00, 1-1-01, 1-1-01,  1-1-03, 9-16-05, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 3-23-12, 6-10-13, 7-9-15, 1-4-16, 7-1-16.

 

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

(1) Snapper.

(a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest within or without Florida in or from state waters, nor possess within or without Florida while in or on state waters, more than a total of 10 snapper per day, in any combination of species.

(b) No change.

(c) Red snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 2 red snapper per day, nor shall a recreational harvester harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than 2 red snapper per day. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Gulf of Mexico, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crewman of such vessel. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a) only if harvested in or from state waters.

(d) through (f) No change.

(2) Grouper.

(a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest within or without Florida in or from state waters, nor possess within or without Florida while in or on state waters, more than a total of 4 grouper per day in the Gulf of Mexico excluding waters of Monroe County in any combination of species, or more than a total of 3 grouper per day in the Atlantic Ocean and all waters of Monroe County, in any combination of species.

(b) through (g) No change.

(3) through (10) No change.

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(4), 6-10-13(8), 3-13-14, 5-7-15, 7-1-16

 

68B-14.0039 Recreational Grouper Seasons.

(1) No change.

(2) In all state waters of the Atlantic Ocean, including all waters of Monroe County, the closed season for the recreational harvest and possession of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, and graysby, and tiger grouper shall be from January 1 through April 30 each year.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-6-09, Amended 8-27-09, 1-19-10, 6-17-11, 3-23-12, 5-9-13, 10-31-13, 7-1-16.

 

68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits.

(1) Licenses.

(a) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and:

1. through 2. No change.

3. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, red hind, rock hind, yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, goldface tilefish, blackline tilefish, anchor tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, a Gulf IFQ vessel account, as defined in 50 C.F.R. § 622.4(a)(2)(ix), for the applicable species must be established as defined in 50 C.F.R. § 622.16(c)(1)(i) or 622.20(c)(1)(i) issued to and possessed aboard the vessel.

4. No change.

(b) The requirement of a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper in subsection (1) shall not apply to the harvest of black snapper, dog snapper, mahogany snapper, schoolmaster, or wenchman for commercial purposes in the Atlantic Ocean.

(c)(b) The requirement of a valid commercial vessel permit for Gulf reef fish in subsection (1) shall not apply to the harvest of bank sea bass, black sea bass, coney, graysby, misty grouper, red hind, rock hind, rock sea bass, black snapper, dog snapper, mahogany snapper, schoolmaster, or red porgy for commercial purposes in the Gulf of Mexico.

(c) through (d) renumbered (d) through (e) No change.

(2) Season Closures.

(a) through (c) No change.

(d) During the months of January, February, March, and April each year, the harvest, possession, or landing for commercial purposes, and the purchase, sale, or exchange, of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, and graysby, and tiger grouper harvested from state waters of the Atlantic Ocean and from all state waters of Monroe County, is prohibited.

(e) through (g) No change.

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10, 1-12-11, 6-10-13, 10-16-14, 7-1-16.

PROPOSED EFFECTIVE DATE: July 1, 2016

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, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 13, 2016