68B-14.0035: Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper
68B-14.00355: Size Limits for Importation and Sale
68B-14.0039: Recreational Grouper Seasons
PURPOSE, EFFECT AND SUMMARY: The purpose of this draft rule amendment is to achieve consistency between the Commission’s Reef Fish Rule on gag grouper harvest in the Gulf of Mexico and rules that were implemented by NOAA Fisheries Service on February 10, 2012 and will be effective on March 12, 2012. Gag grouper is considered to be overfished (low stock abundance) and undergoing overfishing (excessive harvesting pressure). The Gulf of Mexico Fishery Management Council developed long-term management measures to rebuild the Gulf gag grouper stock.
These management measures are intended to help end overfishing of gag grouper. The effect of this rule amendment is to reduce the commercial minimum size limit for Gulf gag grouper from 24 to 22 inches total length, reduce the size limit for sale of gag grouper to 22 inches statewide, and set the recreational harvest season for Gulf of Mexico gag grouper from July 1 through October 31 each year. With this rule amendment federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, reduces commercial bycatch mortality, and maximizes recreational fishing opportunities for gag grouper in the Gulf of Mexico. These management measures are intended to help end overfishing and rebuild the gag grouper stock while still allowing fishing opportunities.
Rule 68B-14.0035, F.A.C., (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper) would be amended to specify that the minimum size limit for commercially harvested gag grouper from the Gulf of Mexico, excluding Monroe County is 22 inches total length and the minimum size limit for commercially harvested gag grouper from the Atlantic Ocean, including Monroe County will remain at 24 inches total length. Rule 68B-14.00355, F.A.C., (Size Limits for Importation and Sale) would be modified to reduce the minimum size limit for gag grouper for purposes of sale to 22 inches total length statewide. Rule 68B-14.0039, F.A.C., (Recreational Grouper Seasons) would be modified to establish an annual recreational harvest season for gag grouper from July 1 through October 31 each year in state waters of the Gulf of Mexico, excluding Monroe County.
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-14.0035 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 (3) No change.
(4) Grouper (measured in terms of total length).
(a) through (c) No change.
(d)1. Gag harvested commercially from the Atlantic Ocean and all waters of Monroe County 24 inches.
2. Gag harvested commercially from the Gulf of Mexico except from all waters of Monroe County 22 inches.
(e) through (h) No change.
(5) 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,_________.
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 (c) No change.
(d) Grouper (measured in terms of total length).
1. No change.
2. Gag 22 24 inches.
3. through 5. No change.
(e) 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,_________.
68B-14.0039 Recreational Grouper Seasons.
(1) In all state waters of the Gulf of Mexico, except in all waters of Monroe County, the closed season for the recreational harvest and possession of gag grouper, red grouper, black grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind or scamp shall be from February 1 through March 31, each year.
(2) GAG GROUPER CLOSURE FOR 2011. In all state waters of the Gulf of Mexico, except in all waters of Monroe County, the season for the recreational harvest and possession of gag grouper shall be prohibited during the following closed periods: from July 1 through October 31 each year (consistent with the Federal Standard established in vol. 77 of the Fed. Reg. page 6988). Except for persons harvesting gag grouper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from November 1 through June 30, no person shall harvest in or from state waters of the Gulf of Mexico, except in all waters of Monroe County, nor possess while in or on state waters of the Gulf of Mexico, except in all waters of Monroe County, any gag grouper.
(a) June 1 through September 15, 2011.
(b) November 16 through December 31, 2011.
(3) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-6-09, Amended 8-27-09, 1-19-10, 6-17-11,_________.