This federal consistency action would modify existing reef fish regulations for hogfish to be consistent with proposed regulations in Atlantic and Gulf federal waters. Specifically, it would set a new management boundary for Atlantic and Gulf ...

 

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

68B-14.0042Recreational Hogfish Season

PURPOSE, EFFECT AND SUMMARY: This federal consistency action would modify existing reef fish regulations for hogfish to be consistent with proposed regulations in Atlantic and Gulf federal waters. Specifically, it would set a new management boundary for Atlantic and Gulf hogfish at a line due west of Cape Sable (25°09’ North Latitude) in the Gulf of Mexico; increase the harvest minimum size limit from 12 inches to 16 inches in the Atlantic and to 14 inches in the Gulf; increase the importation and sale minimum size limit from 12 inches to 14 inches statewide; reduce the recreational bag limit from five to one fish per person in the Atlantic; and set the recreational season to be May 1 through October 31 in the Atlantic. Recent analysis indicates there are two stocks of hogfish off Florida: a Gulf stock and a Keys/East Florida stock. The Keys/East Florida stock is overfished and undergoing overfishing and changes to regulations are necessary to rebuild the stock. The Gulf stock is neither overfished nor undergoing overfishing. The purposes of these rules are to facilitate rebuilding of the Keys/East Florida hogfish stock and to achieve consistency between the Commission’s Atlantic and Gulf hogfish regulations and regulations in adjacent federal waters.

Based on the identification of two hogfish stocks off Florida and the stock assessments, the South Atlantic and Gulf federal fishery management councils approved new regulations for hogfish in federal waters, including a new management boundary north of the Florida Keys at Cape Sable in the Gulf of Mexico, which more closely aligns with the biological stock boundary. Federal law requires the South Atlantic Council to end overfishing of the Keys/East Florida hogfish stock immediately and to implement regulations to rebuild the stock within 10 years. To that end, the South Atlantic Council approved changes to regulations, including increasing the minimum size limit for harvest to 16 inches, reducing the recreational bag limit to one fish per person, and creating a recreational harvest season from May through October. The regulations for the Keys/East Florida hogfish stock are intended to balance stock rebuilding with continued public access to the resource. Additionally, the recreational season will reduce fishing pressure on hogfish during their November through April spawning season. The Gulf Council increased the hogfish minimum size limit for the Gulf stock to 14 inches based on stakeholder requests. The change would allow more hogfish to spawn before harvest. These Atlantic and Gulf federal rule changes will take effect on August 24, 2017.

The effects of these rules are that the public will continue to have access to the Keys/East Florida hogfish resource while the stock rebuilds and that state and federal regulations can be applied more consistently to recreational and commercial fishing activity for hogfish in the Atlantic and Gulf of Mexico.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution and 120.54 (6), FS.

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

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-14.0035 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 (4) No change.

(5)(a) Hogfish. 12 inches fork length harvested from all waters of the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico 16 inches fork length (consistent with the Federal Standard established in 50 C.F.R. § 622.185(c)(3)(ii) as of 8-24-17).

(b) Hogfish harvested north of 25°09’ North Latitude in the Gulf of Mexico 14 inches fork length (consistent with the Federal Standard established in 50 C.F.R. § 622.37(c)(2) as of 8-24-17).

(6)  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, 1-1-17, 8-24-17.

 

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 (d) No change.

(e) Hogfish 1214 inches fork length (consistent with the Federal Standard established in 50 C.F.R. § 622.37(c)(2) as of 8-24-17).

(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, 1-1-17, 8-24-17.

 

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

(1) through (2) No change.

(3) Hogfish.

(a) Except as provided elsewhere in this rule, In the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 1 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. § 622.187(b)(3)(ii) as of 8-24-17).

(b) In the Gulf of Mexico north of 25°09’ North Latitude, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. § 622.38(b)(7) as of 8-24-17).

(4) 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, 8-24-17.

 

68B-14.0042 Recreational Hogfish Season.

(1) Hogfish Open Seasons.  In all state waters of the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico, the season for the recreational harvest and possession of hogfish shall be May 1 through October 31 (consistent with the Federal Standard established in 50 C.F.R. § 622.183(b)(4) as of 8-24-17).

(2) Hogfish Closed Seasons.  Except for persons harvesting hogfish for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., no person shall harvest in or from state waters of the Atlantic Ocean and south of 25°09’ North Latitude in the Gulf of Mexico any hogfish from January 1 through April 30 and November 1 through December 31 (consistent with the Federal Standard established in 50 C.F.R. § 622.183(b)(4) as of 8-24-17).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-24-17.

Editor’s Note: These rules will become effective 8-24-17.