NOAA Fisheries approved a rule setting a two-fish recreational bag limit for red grouper in federal waters of the Gulf of Mexico (see 50 C.F.R. § 622.38(b)(2), effective May 7, 2015). This federal rule change was based on the unexpected federal ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0036Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries approved a rule setting a two-fish recreational bag limit for red grouper in federal waters of the Gulf of Mexico (see 50 C.F.R. § 622.38(b)(2), effective May 7, 2015). This federal rule change was based on the unexpected federal annual catch limit overrun in 2013 and the early closure of the recreational red grouper fishery in Gulf federal waters in 2014. Reducing the recreational bag limit to two fish was viewed as a way to keep future federal recreational red grouper seasons open for a longer period of time. At its November 2014 meeting, the Florida Fish and Wildlife Conservation Commission (Commission) also approved changes specifying a recreational bag limit of two-fish per person per day for red grouper in state waters of the Gulf of Mexico (excluding Monroe County). The purpose of this rule amendment is to achieve consistency between the Commission’s red grouper regulations and federal regulations in Gulf of Mexico federal waters.

The effect of the rule amendment is that federal and state regulations can be applied more consistently to all fishing activity in the Gulf of Mexico. Consistent regulations in state waters would likely result in a longer federal season for red grouper because it would take longer for recreational anglers to reach the recreational annual catch limit with the reduced bag limit. This would benefit federally-permitted for-hire vessels that are required to follow federal rules for red grouper, even when fishing in state waters, and would also benefit private recreational anglers that fish for red grouper in federal waters.

68B-14.0036 (Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.) would be amended to specify a recreational red grouper bag limit of two-fish per person per day (within the four-grouper aggregate bag limit) 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, [phone].

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) through (b) No change.

(c) 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 the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be red grouper (consistent with the Federal Standard established in 50 C.F.R. § 622.38(b) as of May 7, 2015). 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, except in all waters of Monroe County, more than 2 red grouper.

(c) through (f) renumbered (d) through (g) No change.

(3) through (9) No change.

(10) Wholesale/retail purchase exemption. Except as provided in paragraph (2)(d)(c), the possession limits of this rule do not apply to any licensed seafood dealer, or to any fish purchased from a licensed wholesale or retail seafood dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail seafood dealer. Failure to maintain such receipts, bills of sale, or other appropriate documentation shall constitute a violation of this rule.

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, 12-30-11, 7-1-12, 6-10-13(4), 6-10-13(8), 3-13-14, 5-7-15.