Blueline tilefish primarily occur in federal waters, but are harvested from state waters off southeast Florida. In Atlantic federal waters, recreational harvest of blueline tilefish is managed with a quota, bag limit, and ....

 

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             

68B-14.0039 Recreational Grouper and Tilefish Seasons

PURPOSE, EFFECT AND SUMMARY: Blueline tilefish primarily occur in federal waters, but are harvested from state waters off southeast Florida.  In Atlantic federal waters, recreational harvest of blueline tilefish is managed with a quota, bag limit, and open harvest season to prevent overfishing.  However, overfishing occurred in the recent past and the federal recreational quota has been exceeded every year since 2015.  When the federal recreational quota is exceeded, the federal waters recreational fishery can be closed in-season, which occurred in 2015.  Since harvest from state waters can be significant and counts against the federal quota, the absence of regulations specific to blueline tilefish in Atlantic state waters contributes to these problems.

At its October 2020 meeting, the Florida Fish and Wildlife Conservation Commission established a recreational bag limit and recreational open and closed harvest seasons for blueline tilefish in Atlantic state waters to be consistent with recreational regulations in adjacent federal waters.  The purpose of this federal consistency action is to help keep harvest below the federal quota, avoid in-season closures in federal waters, and reduce the risk of overfishing.  The effects of the federal consistency action are to establish recreational regulations specific to blueline tilefish in Atlantic state waters that are consistent with adjacent federal waters, thereby reducing the likelihood of exceeding the federal recreational quota and causing overfishing, easing compliance with regulations, and eliminating confusion for recreational fishermen.

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 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) through (6) No change.

(7) Tilefish.

(a) Golden tilefish. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the Atlantic Ocean more than one golden tilefish per person per day. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (2)(a).

(b) Blueline tilefish. Except for the closed season in 68B-14.0039(b), no recreational harvester shall harvest in or from state waters of the Atlantic Ocean and all waters of Monroe County nor possess in or on the state waters of the Atlantic Ocean and all waters of Monroe County more than three blueline tilefish per person per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2) as of February 27, 2020). Such fish shall be counted for purposes of the aggregate grouper bag and possession limit for the Atlantic Ocean and all waters of Monroe County prescribed in paragraph (2)(a).

(8) through (10) 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, 12-30-11, 7-1-12, 6-10-13(4), 6-10-13(8), 3-13-14, 5-7-15, 7-1-16, 11-17-16, 1-1-17, 5-30-17, 8-24-17, 1-16-18, 7-1-19, 4-1-20, 1-1-21.

 

68B-14.0039 Recreational Grouper and Tilefish Seasons.

(1) through (2) No change.

(3) Tilefish.

(a) Blueline Tilefish Open Seasons. In all state waters of the Atlantic Ocean and all waters of Monroe County, the open season for the recreational harvest and possession of blueline tilefish shall be May 1 through August 31 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(7) as of June 15, 2020).

(b) Blueline Tilefish Closed Seasons. Except for persons harvesting blueline tilefish for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., in all state waters of the Atlantic Ocean and all waters of Monroe County, the recreational harvest of blueline tilefish shall be prohibited from September 1 through April 30 (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(7) as of June 15, 2020).

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, 3-23-12, 5-9-13, 10-31-13, 6-1-16, 7-1-16, 8-31-17, 1-1-21.