68B-14.0036: Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption
68B-14.0039: Recreational Grouper Season
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Reef Fish Rule to become consistent with federal interim reef fish regulations in the Gulf of Mexico. The Gulf of Mexico Fishery Management Council developed Reef Fish Amendment 30B that contains regulatory actions for gag grouper, which is undergoing overfishing, and red grouper that will become effective in 2009 after approval by the Secretary of Commerce. Meanwhile, the Council requested that the National Marine Fisheries Service implement by January 1, 2009, an Interim Rule to address the overfishing status of gag grouper. Components of that Interim Rule that would affect Florida fishers are 1) a two-fish recreational bag limit for gag grouper, and 2) a February 1-March 31 closure to recreational gag grouper harvest.
One final rule amendment that is not federal consistency with the federal Interim Rule is the increase recreational bag limit of red grouper from one-fish to two-fish. This bag limit increase will be implemented in federal waters in the Gulf of Mexico by Amendment 30B, and it is the intent of the state of Florida to immediately implement that increase in state waters because red grouper stocks in the Gulf of Mexico have recovered.
The effect of these rule amendments is that federal and state regulations will be consistently applied in the Gulf of Mexico, although there will be a slight difference for a short period of time. Where practicable, this minimizes confusion with the public and aids enforceability. A further effect will be to remove inconsistency in state regulations regarding reef fish size limits as applied to commercial and recreational harvest.
SUMMARY: Rule 68B-14.0036, F.A.C., (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjack, Exception, Wholesale/Retail Purchase Exemption) would be amended to create a two-fish recreational bag limit for gag and red grouper in the state waters of the Gulf of Mexico. Rule 68B-14.0039, F.A.C., (Recreational Grouper Season) would be amended to create a February 1 – March 31 closures for gag grouper in state waters of the Gulf of Mexico.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, December 3-4, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Doubletree Grand Key Resort, 3990 South Roosevelt Blvd., Key West, FL 33040
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)488-9542
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) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than a total of 5 grouper per day, in any combination of species.
(b) Red Grouper. Except as provided elsewhere in this rule, in all state waters of the Gulf of Mexico, within the aggregate bag and possession limit established in paragraph (a), no more than 2 1 fish may be red grouper. No recreational harvester may harvest in or from state waters of the Gulf of Mexico, nor possess while in or on the waters of the Gulf of Mexico, more than 2 1 red grouper.
(c) Gag and black grouper.
1. Except as provided elsewhere in this rule, in all state waters of the Atlantic Ocean and all state waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be gag or black grouper, either individually or in combination. No recreational harvester may harvest in or from state waters of the Atlantic Ocean or in or from state waters of Monroe County, nor possess while in or on the waters of the Atlantic Ocean or in or on state waters of Monroe County, more than 2 such fish.
2. Except as provided elsewhere in this rule, in all state waters of the Gulf of Mexico, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be gag grouper. No recreational harvester may harvest in or from state waters of the Gulf of Mexico, nor possess while in or on the waters of the Gulf of Mexico more than 2 gag grouper.
(d) through (e) No change.
(3) through (9) No change.
PROPOSED EFFECTIVE DATE January 1, 2009.
Specific 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, 1-1-09.
68B-14.0039 Recreational Grouper Season.
In all state waters of the Gulf of Mexico, the closed season for the recreational harvest and possession of gag grouper shall be from February 1 through March 31, each year.
PROPOSED EFFECTIVE DATE January 1, 2009.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-09.
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE FAW.