The Commission is considering changes to rules for mutton snapper that would increase the minimum size limits, reduce the recreational bag limit, establish a year-round Atlantic commercial trip limit, reduce the Atlantic commercial trip limit during ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

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

68B-14.00355Size Limits for Importation and Sale

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

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

PURPOSE AND EFFECT: The Commission is considering changes to rules for mutton snapper that would increase the minimum size limits, reduce the recreational bag limit, establish a year-round Atlantic commercial trip limit, reduce the Atlantic commercial trip limit during the spawning season, and remove the spawning season commercial trip limit in Gulf state waters.

In the U.S., mutton snapper harvest occurs almost exclusively off the coast of Florida, in both state and federal waters. The purpose of this rule is to address stakeholder concerns and avoid future federal quota overages and closures. In recent years, members of the public have requested proactive management actions to protect mutton snapper from potential overharvest, particularly during the spawning season.

The Florida Fish and Wildlife Research Institute’s recent assessment of the mutton snapper stock determined it is not overfished or undergoing overfishing, but it is smaller than indicated by previous assessments. Due to the smaller population estimate, the South Atlantic and Gulf federal fishery management councils will be reducing federal quotas for mutton snapper harvest. If future landings are similar to those in recent years, a harvest reduction is necessary to prevent a quota closure of the Atlantic recreational mutton snapper fishery in federal waters. The Atlantic commercial and Gulf commercial and recreational mutton snapper fisheries are not expected to exceed their proposed federal quotas as long as harvest does not expand beyond recent landings.

The effect of the proposed rules would be an overall reduction in recreational and commercial harvest through changes in size limits, bag limits, and trip limits. The changes are also expected to prevent federal quota closures. Removal of the spawning season trip limit for the Gulf commercial mutton snapper fishery would create consistency between state and federal regulations, with minimal impacts to the stock or fishery because landings from Gulf state waters make up 4% of all state and federal commercial mutton snapper landings in Florida.

SUMMARY: These proposed rules would increase the recreational, commercial, importation, and sale minimum size limits from 16 to 18 inches total length. They would reduce the recreational bag limit for mutton snapper from 10 to three fish within the 10-fish snapper aggregate bag limit. The proposed rules would replace the May through June commercial harvest limit of 10 fish per person per day in all state waters with a three-fish per person per day limit applicable in Atlantic state waters from April through June, and establish a 500-pound commercial trip limit in Atlantic state waters from July through March. The proposed rules would remove the commercial trip limit from May through June in Gulf state waters to create consistency with regulations in Gulf 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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting September 8-9, 2016, 8:30 a.m. to 5:00 p.m., each day

PLACE: World Golf Village Renaissance St. Augustine Resort, 500 South Legacy Trail, St. Augustine, FL 32092

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-14.0035 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 (f) No change.

(g) Mutton snapper 186 inches.

(h) 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, 6-1-16, 7-1-16, 1-1-17.

 

68B-14.00355 Size Limits for Importation and Sale.

(1) No person shall possess for purposes of sale, purchase, sell, or exchange any of the following species of a length less than set forth as follows:

(a) through (e) No change.

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

1. through 5. No change.

6. Mutton snapper 168 inches.

7. through 10. No change.

(2) through (4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-03, Amended 9-16-05, 7-1-06, 7-1-07, 4-1-08, 8-27-09, 3-23-12, 7-9-15, 1-1-17.

 

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 (f) No change.

(g) Mutton snapper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 3 mutton snapper per day.  Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(2) 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, 1-1-17.

 

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

(1) through (2) No change.

(3) Bag and Trip Limits.

(a) Snapper.

1. No change.

2. Mutton snapper. From July 1 through March 31 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 500 pounds of mutton snapper per day or per trip, whichever is more restrictive. During May and June From April 1 through June 31 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 103 mutton snapper per day or 103 mutton snapper per trip, whichever is more restrictive.

3. No change

(b) through (e) 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, 1-1-17.

 

PROPOSED EFFECTIVE DATE: January 1, 2017

 

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, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2016