NOAA Fisheries eliminated rules that prohibited captain and crew of for-hire vessels from retaining recreational bag limits of vermilion snapper, groupers, and tilefish in federal waters of the South Atlantic (formerly in 50 C.F.R. § 622.187(b)(2) ...

 

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 eliminated rules that prohibited captain and crew of for-hire vessels from retaining recreational bag limits of vermilion snapper, groupers, and tilefish in federal waters of the South Atlantic (formerly in 50 C.F.R. § 622.187(b)(2) and 622.187(b)(5), effective January 27, 2014). The purpose of this rule amendment is to allow captain and crew of for-hire vessels to retain recreational bag limits of vermilion snapper, groupers, and golden tilefish in state waters of the Atlantic (including Monroe County for golden tilefish and groupers). This rule was eliminated because it was not serving its intended purpose of limiting harvest of vermilion snapper and gag grouper. When the rule was in place, the percentage decrease in overall harvest of these species was small and not considered to be a significant source of harvest protection. In addition, regulations were confusing because some species could be retained by for-hire captains and crew but not others.

This rule amendment also would update a federal citation concerning the recreational bag limit of Atlantic vermilion snapper. The purpose of this amendment is to have the correct federal citation in rule.

The effect of this rule amendment is that federal and state regulations regarding recreational bag limits for vermilion snapper, groupers, and golden tilefish for captain and crew of for-hire vessels can be applied consistently in waters of the Atlantic. Allowing captain and crew to keep recreational bag limits of all snapper grouper species could alleviate confusion among for-hire fishermen, make law enforcement more efficient, and allow captain and crew of for-hire vessels to keep these species for personal consumption. Having the correct federal citation for recreational bag limits of vermilion snapper will aid in law enforcement and reduce confusion when reading the rule.

Rule 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 eliminate language prohibiting captain and crew of for-hire vessels from retaining recreational bag limits of vermilion snapper, groupers, and golden tilefish in state waters of the Atlantic. Additionally, the federal citation listed for recreational bag limits of Atlantic vermilion snapper would be amended to the current location of the federal rule.

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) Snapper.

(a) through (c) No change.

(d) Vermilion snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 5 vermilion snapper per day (consistent with the Federal Standard established in 50 C.F.R. § 622.187(b)(5) (as of January 16, 2013) 50 C.F.R. § 622.39(d)(1)(v)). On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Atlantic Ocean, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew member of such vessel (consistent with the Federal Standard established in 50 C.F.R. § 622.39(d)(1)(v)). No recreational harvester shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than 10 vermilion snapper per day. Such bag and possession shall not be counted for purposes of the aggregate snapper bag and possession limits prescribed in paragraph (a).

(e) through (f) No change.

(2) Grouper.

(a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than a total of 4 grouper per day in the Gulf of Mexico excluding waters of Monroe County in any combination of species, or more than a total of 3 grouper per day in the Atlantic Ocean and all waters of Monroe County, in any combination of species. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Atlantic Ocean and all waters of Monroe County, the applicable grouper bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew person of such vessel.

(b) through (f) No change.

(3) through (10) No change.

PROPOSED EFFECTIVE DATE: Upon filing

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),_________.