Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
Rule No. : RULE TITLE :
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 recreational gag grouper harvest in the Gulf of Mexico and interim rules that are anticipated to be implemented by NOAA Fisheries Service in June 2011. Gag grouper is considered to be overfished (low stock abundance) and undergoing overfishing (excessive harvesting pressure). The Gulf of Mexico Fishery Management Council developed interim regulatory actions to address overfishing of gag grouper while a long-term rebuilding plan is developed. This rule amendment will close recreational Gulf of Mexico gag grouper harvest from June 1 through September 15, 2011 and November 16, through December 31, 2011 and would be consistent with the federal interim rule. This management measure is intended to help end overfishing of gag grouper while still allowing some fishing opportunities. The effect of this rule amendment is to prohibit recreational harvest and possession of gag grouper from June 1 through September 15, 2011 and November 16 through December 31, 2011. With this rule amendment, federal and state regulations will be consistently applied. This minimizes public confusion, aids enforceability, and contributes to the overall health and status of gag grouper in the Gulf of Mexico.
SUMMARY: Rule 68B-14.0039, F.A.C., (Recreational Grouper Seasons) would be amended to close recreational Gulf of Mexico gag grouper harvest from June 1 through September 15, 2011 and November 16, through December 31, 2011. These closures would occur in 2011 only.
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(1)(i)5., 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-14.0039 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, recreational harvest and possession of gag grouper shall be prohibited during the following closed periods:

(a) June 1 through September 15, 2011.

(b) November 16 through December 31, 2011.

(3)(2) In all state waters of the Atlantic Ocean, including all waters of Monroe County, the closed season for the recreational harvest and possession of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, graysby, and tiger grouper shall be from January 1 through April 30 each year.

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,________.