Purpose


The purpose of these rule amendments is to extend Florida’s octocoral and marine life regulations into federal waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (FMP) and the South Atlantic Fishery Management Council is in the process of redefining the fishery management unit in their Coral, Coral Reef, and Live/Hardbottom Habitat FMP to exclude allowable octocorals in federal waters off Florida. These actions would result in the repeal of federal regulations for octocorals and allow Florida to take over management of these species in federal waters off Florida. Based on Commission direction and at the request of the Councils, Florida agreed to manage the octocoral fishery in both state and federal waters. In addition to extending existing state regulations into federal waters, the rule amendments would also establish an annual quota for octocoral harvest in state and federal waters off Florida. Additionally, the Commission would continue to prohibit all harvest of octocorals in Atlantic federal waters north of Cape Canaveral and in the Coral Habitat Areas of Particular Concern adjacent to Florida state waters (Stetson-Miami Terrace and Pourtales Terrace). The effect of these rule amendments would be to extend Florida’s marine life regulations into federal waters in the absence of federal rules, establish an annual quota for octocoral harvest in state and federal waters off Florida, and to add federal waters closed areas to state rules. These rules would be effective upon repeal of federal octocoral regulations and are not expected to affect the octocoral fishery because similar rules are currently in effect in federal waters. Additionally, the rule amendments would clarify that state marine life rules extend into federal waters.