The Florida Fish and Wildlife Conservation Commission (FWC) is clarifying possession restrictions within the closed fishing season for Atlantic blueline tilefish, Atlantic hogfish, and Gulf red snapper. Presently, only ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.0038Recreational Snapper Seasons

68B-14.0039Recreational Grouper and Tilefish Seasons

68B-14.0042Recreational Hogfish Season

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission (FWC) is clarifying possession restrictions within the closed fishing season for Atlantic blueline tilefish, Atlantic hogfish, and Gulf red snapper. Presently, only harvest is prohibited during the closed season for these three species in state waters, resulting in state regulations being inconsistent with federal regulations. Additionally, with the exception of these species, all other reef fish species in rule 68B-14 with a closed fishing season prohibit both the harvest and possession of that species during its closed season.

The purpose of these rule changes is to improve compliance and aid in enforcement by providing consistency between state and federal regulations.

The effect of the rule amendments would prohibit recreational harvesters from possessing blueline tilefish and hogfish in Atlantic state waters and red snapper in Gulf state waters during the species respective closed seasons.

SUMMARY: These rule amendments modify rule language to include prohibiting possession during the recreational closed fishing season for blueline tilefish and hogfish in Atlantic state waters and for red snapper in Gulf state waters.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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-14.0038 Recreational Snapper Seasons.

(1) No change.

(2) Red Snapper Closed Seasons. Except as provided elsewhere in this chapterfor persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., no recreational harvesterperson 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, any red snapper outside of the open season established by the procedure in subsection (1).

Rulemaking Authority Art.IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-16-09, 6-4-10, 10-8-10, 7-22-11, 7-6-12, 5-31-13, 10-31-13, 5-24-14, 5-23-15, 5-7-16, 5-23-17, 4-1-20,               .

 

68B-14.0039 Recreational Grouper and Tilefish Seasons.

(1) through (4) No change. 

(5) Tilefish.

(a) No change.

(b) Blueline Tilefish Closed Seasons. Except for persons harvesting blueline tilefish for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., No recreational harvester shall harvest in or from all state waters of the Atlantic Ocean and all waters of Monroe County, nor possess in or on all state waters of the Atlantic Ocean and all state waters of Monroe County, the recreational harvest of any 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, 7-1-22, 1-1-23, 2-25-24,                        .

 

68B-14.0042 Recreational Hogfish Season.

(1) No change.

(2) Hogfish Closed Seasons. Except for persons harvesting hogfish for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., Nno recreational harvesterperson shall harvest in or from state waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of Mexico, nor possess in or on state waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of Mexico, any hogfish from January 1 through April 30 and November 1 through December 31 (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(4) as of August 24, 2017).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-24-17, Amended 7-1-19,               .

 

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: February 21, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 17, 2024