At their September 2016 meeting, the Commission approved proposed rules for gray triggerfish to decrease the Atlantic recreational and commercial minimum size limits, as well as the statewide importation and sale minimum size limit, from 14 inches ...

 

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

PURPOSE AND EFFECT: At their September 2016 meeting, the Commission approved proposed rules for gray triggerfish to decrease the Atlantic recreational and commercial minimum size limits, as well as the statewide importation and sale minimum size limit, from 14 inches to 12 inches, and to establish a 10-fish recreational bag limit in Atlantic state waters. This would reverse a 2015 federal consistency action that increased the Atlantic recreational and commercial minimum size limit and the statewide sale and importation minimum size limit for gray triggerfish from 12 to 14 inches. In 2015, both the Commission and South Atlantic Fishery Management Council increased the minimum size limit prior to the release of a stock assessment at the request of stakeholders who were concerned about gray triggerfish.

Following the 2015 size limit increase, a member of the public brought forward concerns about the new minimum size limit and the lack of public comments on the action from fishermen in southeast Florida. Subsequent staff outreach to fishermen on the east coast and a review of recreational harvest data confirmed harvesters fishing in state waters south of Ponce Inlet catch large numbers of gray triggerfish, but few are over 12 inches in length. The 14-inch minimum size limit created large numbers of discarded fish. Stakeholder suggested a 14-inch minimum size limit was likely not appropriate for Florida state waters, especially in southeast Florida. Considering this new public input, the size limit increase may have been premature and not fully vetted. In response, the Commission decreased the minimum size limits back to 12 inches and implemented a 10-fish recreational bag limit in Atlantic state waters via Executive Order. The 10-fish recreational bag limit was set as a conservation measure. Prior to this, there was no recreational bag limit for gray triggerfish in Atlantic state waters. The Executive Order was written to expire on October 31, 2016, so the Council and Commission could revisit gray triggerfish regulations following completion of a stock assessment in 2016. The assessment is now complete, but was rejected for use in informing management decisions. The purpose of the proposed rules is to implement the interim actions within the Executive Order as long-term management measures.

The effect of the proposed rules is to essentially keep in place the regulatory changes enacted by the Commission in 2015 via Executive Order. This would allow harvesters in southeast Florida to harvest Atlantic gray triggerfish in state waters, where 12-inch gray triggerfish can be caught but larger gray triggerfish are encountered less frequently. The 10-fish recreational bag limit is intended to help conserve gray triggerfish.

SUMMARY: These proposed rules would reduce the Atlantic recreational and commercial minimum size limits and the statewide importation and sale minimum size limit from 14 to 12 inches total length. The proposed rules would establish a 10-fish per person recreational bag limit for gray triggerfish in Atlantic state 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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. – 5:00 p.m., each day

PLACE: University of South Florida Student Center, 200 6th Avenue South, St. Petersburg, Florida 33701

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 by calling [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 (2) No change.

(3) Gray triggerfish 14 inches (measured in terms of fork length) (Atlantic Ocean size limit consistent with the Federal Standards established in 50 C.F.R. §622.185(c)(2)(i) as of July 1, 2015).

(a) Gray triggerfish harvested in the Atlantic Ocean 12 inches.

(b) Gray triggerfish harvested in the Gulf of Mexico 14 inches.

(4) through (7) 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, 11-1-16.

 

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 (b) No change.

(c) Gray triggerfish 1412 inches fork length (Atlantic Ocean size limit consistent with the Federal Standards established in 50 C.F.R. §622.185(c)(2)(i) as of July 1, 2015).

(d) through (f) 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, 11-1-16.

 

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

(1) through (7) No change.

(8) Gray Triggerfish.

(a) Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Gulf of Mexico nor possess in or on the state waters of the Gulf of Mexico more than two gray triggerfish at any time (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(5) as of June 10, 2013).

(b) Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the Atlantic Ocean more than 10 gray triggerfish at any time.

(9) 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, 11-1-16.

 

PROPOSED EFFECTIVE DATE: November 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, and [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2016

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