The purpose of these rule amendments is to establish a limited, highly regulated recreational harvest opportunity for goliath grouper. The effect of these rule amendments would be to establish a limited-entry special use ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.0035Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper

68B-14.00355Size Limits for Importation and Sale

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

68B-14.0039Recreational Grouper and Tilefish Seasons

68B-14.005Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

68B-14.008Open and Closed Areas for Recreational Harvest of Goliath Grouper

68B-14.0091Recreational Goliath Grouper Harvest Permits; Goliath Grouper Tag Specifications; Harvest Reporting Requirements

PURPOSE AND EFFECT: The purpose of these rule amendments is to establish a limited, highly regulated recreational harvest opportunity for goliath grouper. The effect of these rule amendments would be to establish a limited-entry special use opportunity for recreational harvest of goliath grouper with associated regulations such as recreational permit requirements, a bag limit, area and seasonal closures, size limits, and gear regulations.

SUMMARY: These rules would implement recreational special opportunity permit and tagging requirements, a bag limit, area and seasonal closures, size limits, gear restrictions and requirements, and post-harvest requirements for a limited, highly regulated recreational harvest opportunity for goliath grouper.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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.

RULEMAKING 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 Commission’s regular meeting March 2-3, 2022, 8:30 a.m. – 5:00 p.m. each day

PLACE: Tampa Convention Center, Ballroom D, 333 S. Franklin Street, Tampa, Florida 33602.

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 [phone]. 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: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.0035 Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.

No person shall land, possess, unnecessarily destroy, purchase, exchange, sell or offer for sale any of the following species harvested in or from state waters, of a length less than set forth as follows:

(1) through (3) No change.

(4) Grouper (measured in terms of total length), except as provided in Rule 68B-7.003, F.A.C., for harvest from Biscayne National Park.

(a) through (b) No change.

(c) Goliath grouper no less than 20 inches, no greater than 36 inches.

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

(5) through (7) 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 46-14.0035, Amended 1-1-00, 1-1-01, 1-1-01, 1-1-03, 9-16-05, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 3-23-12, 6-10-13, 7-9-15, 1-4-16, 6-1-16, 7-1-16, 11-17-16, 1-1-17, 8-24-17, 1-16-18, 7-23-18, 1-15-19, 7-1-19, 7-1-20, 7-1-22.

68B-14.00355 Size Limits for Importation and Sale.

(1) through (2) No change.

(3) No person shall purchase or sell a The possession, purchase, sale, or exchange of any Nassau grouper or goliath grouper or possess a Nassau grouper or goliath grouper for either purpose is prohibited.

(4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-03, Amended 9-16-05, 7-1-06, 7-1-07, 4-1-08, 8-27-09, 3-23-12, 7-9-15, 11-17-16, 1-1-17, 8-24-17, 7-1-19, 7-1-22.

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 (f) No change.

(g) Nassau grouper and goliath grouper. No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper or goliath grouper. The purchase, sale, or exchange of any Nassau grouper or goliath grouper is prohibited.

(h) Goliath grouper.

1. Except as provided in rule 68B-14.0091, F.A.C., no person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper.

2. A recreational harvester who meets the requirements of subsection 68B-14.0091(1), F.A.C., shall not harvest or land from Florida Waters more than one goliath grouper per open harvest season. Such person may not possess more than one goliath grouper. Such fish shall not be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

3. The purchase, sale, or exchange of any goliath grouper is prohibited.

(3) through (6) No change.

(7) Tilefish.

(a) No change.

(b) Blueline tilefish. Except for the closed season in paragraph subsection 68B-14.0039(4)(b) 68B-14.0039(b), F.A.C., 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) No change.

(9) Exception. The exceptions provided in paragraphs (9)(a)-(d) below do not apply to red porgy harvested from the Atlantic Ocean nor goliath grouper harvested from Florida Waters.

(a) Any person harvesting pursuant to the bag limits of this rule and, with the exclusion of red porgy harvested from the Atlantic Ocean, who has fished for more than one day, may possess double the bag limit once such person has landed the fish, departed the fishing site and is no longer within 100 yards of any state waters, docks, fishing piers, or other fishing sites.

(b) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, with the exclusion of red porgy, who has fished aboard a charter vessel or headboat on a vessel for hire trip that spans more than 24 hours may possess no more than two daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.187(c)(1)(i) as of March 26, 2021).

(c) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, with the exclusion of red porgy, who has fished aboard a headboat on a vessel for hire trip that spans more than 48 hours and can document that fishing was conducted on at least three days may possess no more than three daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.187(c)(1)(ii) as of March 26, 2021).

(d) No change.

(10) Wholesale/retail purchase exemption. Except as provided in paragraphs paragraph (2)(d) and (2)(h), 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, 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, 8-25-21, 7-1-22.

68B-14.0039 Recreational Grouper and Tilefish Seasons.

(1) through (2) No change.

(3) Goliath Grouper.

(a) Goliath Grouper Open Season. In all areas open to harvest of goliath grouper as provided in rule 68B-14.008, F.A.C., the open season for the recreational harvest of goliath grouper shall be March 1 through May 31 each year.

(b) Goliath Grouper Closed Season. No person shall harvest or land from Florida Waters a goliath grouper from June 1 through the last day of February of the following year. Except as provided in rule 68B-14.0091, F.A.C., no person shall possess a goliath grouper from June 1 through the last day of February of the following year.

(3) renumbered as (4). No change.

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, 7-1-22.

68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.

(1) Allowable gear. Except as provided in subsection (3) (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in subsection 68B-14.001(2), F.A.C.:

(a) through (c) No change.

(2) Allowable gear for goliath grouper.

(a) A person may harvest or attempt to harvest a goliath grouper from Florida Waters only by or with the use of hook and line gear.

(b) Required gear for goliath grouper. For a person onboard a vessel in or on Florida Waters harvesting goliath grouper, the vessel must possess onboard and such person must use the gear specified in subparagraphs 1. and 2.

1. Non-stainless steel circle hooks. Non-stainless steel circle hooks are required to be used on hook and line gear when fishing with natural baits. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

2. Dehooking devices. At least one dehooking device is required and must be used to remove hooks embedded in goliath grouper with minimum damage. The dehooking device must be constructed to allow the hook to be secured and the barb shielded without re-engaging during the removal process. The dehooking device must be blunt, and all edges rounded. The device must be of a size appropriate to secure the range of hook sizes used for goliath grouper.

(2) through (4) renumbered as (3) through (5). No change.

(6)(5) Violation. Possession of any of the species specified in subsection 68B-14.001(2), F.A.C., beyond the bycatch allowance in paragraph (3)(a) (2)(a), aboard a vessel fishing in state waters, while also in possession of unauthorized gear, constitutes a violation of subsections (1) and (3) (2).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 3-1-94, 10-4-95, 7-15-96, 1-1-98, 12-31-98, 6-1-99, Formerly 46-14.005, Amended 1-1-03, 3-1-05, 7-17-05, 7-1-07, 3-12-08, 4-1-08, 1-19-10, 6-10-13, 1-24-14, 3-15-17, 5-30-17, 1-1-21, 7-1-22.

68B-14.008 Open and Closed Areas for Recreational Harvest of Goliath Grouper

(1) Open Areas – The areas open to the recreational harvest of goliath grouper include all Florida Waters of Nassau through Martin counties, all Florida Waters of the Gulf of Mexico in Monroe County, and all Florida Waters of Collier through Escambia counties.

(2) Closed Areas – All Florida Waters of Palm Beach through Miami-Dade counties, all Florida Waters of the Atlantic Ocean in Monroe County, and all Florida Waters within Dry Tortugas National Park are closed to the recreational harvest of goliath grouper.

(a) No person shall harvest or land a goliath grouper from Florida Waters that are closed to the harvest of goliath grouper.

(b) No person shall possess a goliath grouper in or on Florida Waters that are closed to the harvest of goliath grouper.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-22 .

68B-14.0091 Recreational Goliath Grouper Harvest Permits; Goliath Grouper Tag Specifications; Harvest Reporting Requirements.

(1) No person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper unless:

(a) Such person has been issued a recreational goliath grouper harvest permit pursuant to subsection (2); 

(b) Such person has been issued a goliath grouper tag pursuant to subsection (3) and a valid goliath grouper tag is securely attached around the lower jawbone of the goliath grouper immediately upon harvest; and,

(c) Such harvest or possession is consistent with other applicable provisions of Chapter 68B-14, F.A.C.

(2) Recreational Goliath Grouper Harvest Permits –

(a) Recreational goliath grouper harvest permits may be applied for through the Commission’s online licensing system during a 15 consecutive day period between October 1 and November 30 each year to be set by posting on the agency’s website.

1. An applicant may only submit one application for a recreational goliath grouper harvest permit during any single application period; however an applicant may elect to apply for one or more permit category, defined as follows:

a. A “Category I” recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C.

b. A “Category II” recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C., excluding all waters of Everglades National Park. A person issued a Category II recreational goliath grouper harvest permit may not harvest or land a goliath grouper from Everglades National Park or possess a goliath grouper within Everglades National Park.

2. Upon application, each applicant must pay a $10 non-refundable application fee and must agree to pay a $500 permit fee for the issuance of a recreational goliath grouper perrmit should the applicant be awarded a permit. No person is exempt from paying the special use application or permit fees.

(b) Applicants for a recreational goliath grouper harvest permit shall:

1. Not have received a disposition other than aquittal or dismissal for a violation of any provision of chapters 369, 379, or 828, F.S., or of a rule of the Commission or of other similar laws or rules in this or any other jurisdiction that relate to hunting or fishing, within a period of five (5) years preceding the date of application.

2. Not have previously been issued a recreational goliath grouper harvest permit for the current application year.

3. Have timely submited required harvest reporting for any recreational goliath grouper harvest permits issued to the applicant prior to the current application year.

(c) One goliath grouper tag will be issued with each recreational goliath grouper harvest permit.

(d) A person shall not be issued more than one recreational goliath grouper harvest permit for any single harvest period. A recreational goliath grouper harvest permit shall be valid only for the permit category and the harvest period indicated thereon. For the purpose of this rule, “harvest period” means the open harvest season established in paragraph 68B-14.0039(3)(a), F.A.C.

(f) Recreational goliath grouper harvest permits are not transferable.

(g) The Commission may not issue more than a total of 200 recreational goliath grouper harvest permits for any single harvest period. No more than 50 such permits shall be Category I recreational goliath grouper harvest permits.

(3) Goliath Grouper Tags –

(a) One goliath grouper tag will be issued with each recreational goliath grouper harvest permit issued pursuant to subsection (2).

(b) A person may not be issued more than one goliath grouper tag for any single harvest period. A person may not use a goliath grouper tag more than once.

(c) Validity of Goliath Grouper Tags –

1. A goliath grouper tag is only valid for the harvest, possession, and landing of one goliath grouper.

2. A goliath grouper tag is only valid for the recreational goliath grouper harvest permit category and the harvest period indicated thereon.

3. A goliath grouper tag is not transferable. The sale, purchase, transfer, or exchange of a goliath grouper tag to any person other than the original recreational goliath grouper harvest permit holder is prohibited.

(d) The Commission may not issue more than a total of 200 goliath grouper tags for any single harvest period. No more than 50 such goliath grouper tags shall be issued for Category I recreational goliath grouper harvest permits.

(e) Exceptions to Tag Requirement – The prohibition of possession of an untagged goliath grouper in paragraph (1)(b) does not apply to a taxidermist who removes the goliath grouper tag during the process of mounting a legally harvested goliath grouper. The taxidermist shall ensure that the removed tag remains with the goliath grouper during any subsequent storage or shipment.

(4) Harvest Reporting Requirements –

(a) A person who harvests a goliath grouper under a recreational goliath grouper permit issued pursuant to subsection (2) must report such harvest and harvest data within 24 hours after harvest to the Commission’s online harvest reporting system, available at: https://GoOutdoorsFlorida.com and through the Fish|Hunt Florida app on Apple and Android devices.

(b) A person who has been issued a recreational goliath grouper harvest permit and does not harvest a goliath grouper must report that no harvest occurred to the Commission’s harvest reporting system within 24 hours after the assigned harvest period closes.

(c) In addition to the information required in paragraph (a), a person who harvests a goliath grouper under a recreational goliath grouper harvest permit must provide a biological sample of such goliath grouper if required by the terms of the permit.

(d) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(5) No person is exempt from the permitting or tagging requirements of this rule.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354, FS, Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 7-1-22.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 6, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 11, 2022