68B-14.0036: Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
PURPOSE, EFFECT AND SUMMARY: The purpose of this rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on recreational red grouper harvest in the Gulf of Mexico and rules that were implemented by NOAA Fisheries Service on November 2, 2011. According to the 2009 stock assessment update, red grouper is not overfished, nor is it undergoing overfishing. In recent years, the recreational sector has not caught its allocation of red grouper, so the Gulf of Mexico Fishery Management Council relaxed recreational red grouper regulations to increase the recreational bag limit for red grouper in Gulf federal waters from two to four fish per person, per day within the four-fish grouper aggregate bag limit.
This rule amendment will remove the two-fish recreational bag limit for Gulf of Mexico red grouper. The effect of this rule amendment is to set the bag limit for recreationally-caught Gulf red grouper to four fish per person per day within the existing Gulf grouper aggregate bag limit of four fish. With this rule amendment federal and state regulations will be consistently applied. Where practicable, this minimizes public confusion, aids enforceability, and maximizes recreational fishing opportunities for red grouper in the Gulf of Mexico.
Rule 68B-14.0036, F.A.C. (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption) would be amended to remove the two-fish bag limit currently in place for red grouper recreationally harvested in the Gulf of Mexico, excluding Monroe County. This would make the bag limit for red grouper four fish per person per day within the existing Gulf grouper aggregate bag limit of four fish.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764.
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-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.
(1) No change.
(2) Grouper.
(a) No change.
(b) Red Grouper. Except as provided elsewhere in this rule, in all state waters of the Gulf of Mexico, except in all waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be red grouper. No recreational harvester may harvest in or from state waters of the Gulf of Mexico, except in all waters of Monroe County, nor possess while in or on the waters of the Gulf of Mexico, except in all waters of Monroe County, more than 2 red grouper.
(c) through (g) renumbered (b) through (f) No change.
(3) through (9) 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,_________.