NOAA Fisheries modified the Feb. 1 – Mar. 31 recreational shallow-water grouper closure in Gulf of Mexico federal waters so that it only applies seaward of 20 fathoms (50 C.F.R. § 622.34(d), effective July 5, 2013). Recreationally-caught shallow-...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0039 Recreational Grouper Seasons

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries modified the Feb. 1 – Mar. 31 recreational shallow-water grouper closure in Gulf of Mexico federal waters so that it only applies seaward of 20 fathoms (50 C.F.R. § 622.34(d), effective July 5, 2013). Recreationally-caught shallow-water grouper harvested in federal waters shoreward of 20 fathoms are no longer subject to this seasonal closure. This rule amendment would eliminate the February through March recreational closed season for grouper species including black grouper, red grouper, yellowfin grouper, yellowmouth grouper, red hind, rock hind, and scamp in Gulf of Mexico state waters excluding Monroe County. All Gulf of Mexico state waters are shoreward of the 20-fathom line and are adjacent to the area where the closure has been removed. The purpose of this rule is to achieve consistency between the Commission’s harvest season for these grouper species in state waters of the Gulf of Mexico and regulations in Gulf federal waters.

The effect of this rule amendment is that federal and state regulations for these grouper species can be applied consistently in the Gulf of Mexico. Consistent regulations in state waters would eliminate confusion when fishing for these groupers in the Gulf of Mexico and provide more recreational opportunities for anglers during February and March.

68B-14.0039 (Recreational Grouper Seasons) would be amended to eliminate language providing a closed season for black grouper, red grouper, yellowfin grouper, yellowmouth grouper, red hind, rock hind, and scamp in state waters of the Gulf of Mexico during the months of February and March.

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-14.0039 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 red grouper, black grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind or scamp shall be from February 1 through March 31, each year.

(1)(2)(a) through (b) No change.

(2)(3) 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, 6-17-11, 3-23-12, 5-9-13,_________.