17479514, 68B-14.0035 - Florida Administrative Rules, Law, Code, Register

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Notice: 17479514

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.0035	Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.0039	Recreational Grouper and Tilefish Seasons

PURPOSE:

NOAA Fisheries approved rules setting the federal recreational season for gag grouper to be June 1 through December 31 each year and increasing the recreational minimum size limit from 22 to 24 inches total length for both gag and black groupers in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.34(e), §622.37(b)(1)(ii), and §622.37(b)(5)(ii) as of May 25, 2016). These federal rule changes are based on a 2014 gag grouper stock assessment, which indicated the stock is neither overfished nor undergoing overfishing, and important for fishermen and stakeholders. Opening the season June 1 was seen as a way to help eliminate discards of gag grouper during the red snapper season in June. The recreational size limit for both gag and black groupers was modified because anglers commonly confuse these two species. At its February 2016 meeting, the Florida Fish and Wildlife Conservation Commission approved a June 1 through December 31 gag grouper season in state waters of the Gulf (excluding state waters of Franklin, Wakulla, Taylor, Jefferson, and Monroe counties), and an increase to the recreational minimum size limit for gag and black groupers from 22 to 24 inches total length in state waters of the Gulf of Mexico. Anglers fishing for gag grouper in state waters off Franklin, Wakulla, Taylor, and Jefferson counties have an April 1 through June 30 season which would not be changed to continue to allow for harvest of gag grouper in Big Bend state waters when gag grouper are available in this area. Anglers harvesting grouper in state waters off Monroe County follow Atlantic regulations for grouper. The purpose of these rules is to achieve consistency between the Commission’s gag and black grouper regulations and regulations in federal waters of the Gulf of Mexico. 

The effect of the rule amendment is that state and federal regulations can be applied more consistently to recreational fishing activity for gag and black grouper in the Gulf of Mexico. A longer recreational season for gag grouper in the Gulf of Mexico provides additional fishing opportunities for southwest Florida anglers during December.  Southwest Florida anglers and for-hire businesses have emphasized that being able to harvest gag grouper in late December is important because of the increased tourism in the area during that time of year. In addition, a 24-inch total length recreational size limit for gag and black groupers in state waters of the Gulf of Mexico would match the current recreational size limit for gag and black grouper recreationally harvested in state waters of the Atlantic Ocean, making regulations more consistent across both coasts which would improve enforceability and angler understanding of rules. 

68B-14.0035 (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.) would be amended to specify a 24 inch total length minimum size limit for both gag and black groupers recreationally harvested in the Gulf of Mexico.  

68B-14.0039 (Recreational Grouper Seasons.) would be amended to specify a June 1 through December 31 season for gag grouper recreational harvested in state waters of the Gulf of Mexico, excluding Franklin, Wakulla, Taylor, Jefferson, and Monroe Counties.

SUMMARY:

Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850) 487-1764.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

5/2/2016 Vol. 42/85

COMMENTS:

From 5/2/2016 To 5/23/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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