68B-14.0038: Recreational Snapper Seasons
PURPOSE, EFFECT AND SUMMARY: The purpose of this draft rule amendment is to achieve consistency between the Commissions Reef Fish Rule on the recreational season for red snapper in the Gulf of Mexico and rules that are planned to be implemented by NOAA Fisheries Service on or before June 1, 2011. Reef fish (including red snapper) are managed in Gulf federal waters adjacent to Florida by the Gulf of Mexico Fisheries Management Council, of which Florida is a voting member. The effect of this rule amendment is to allow a 48-day open season for the recreational harvest of red snapper in Gulf state waters that would contribute to the federal rebuilding plan and reduce the likelihood of exceeding the federal recreational quota for red snapper. With this rule amendment, federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, and contributes to the overall health and status of red snapper in the Gulf of Mexico. Rule 68B-14.0038, F.A.C., (Recreational Snapper Seasons) would be modified to allow the harvest of red snapper in state waters of the Gulf of Mexico from June 1 through July 18 each year. Additionally, outdated language providing for a supplemental recreational red snapper season in 2010 would be removed.
SUMMARY: Rule 68B-14.0038, F.A.C., (Recreational Snapper Seasons) would be modified to allow a 48-day open season for the recreational harvest of red snapper in state waters of the Gulf of Mexico from June 1 through July 18 each year. Outdated language providing for a supplemental recreational red snapper season in 2010 would be removed.
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, (850)487-1764
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-14.0038 Recreational Snapper Seasons.
(1) Recreational Red Snapper Season. In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be from June 1 through July 18 23, each year (consistent with the Federal Standard established in vol. 76 75 of the Fed. Reg. page 23911 23186). Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from July 19 24 through May 31, no person shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, any red snapper.
(2) No change.
(3) Special Recreational Red Snapper Season for 2010. Not withstanding subsection (1) and due to the Deepwater Horizon Oil Disaster in all state waters of the Gulf of Mexico there shall be a supplemental recreational red snapper season from October 1 until November 22, 2010. During this supplemental season the harvest and possession of red snapper shall be allowed from 12:01 A.M. each Friday until 12:01 A.M. the following Monday.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. HistoryNew 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-16-09, 6-4-10, 10-8-10.
