NOAA Fisheries approved rules setting the federal recreational season for gag grouper to be June 1 through December 31 each year and increasing the recreational minimum size limit from 22 to 24 inches total length for both gag and black groupers in ...

 

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-14.0039Recreational Grouper Seasons

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries approved rules setting the federal recreational season for gag grouper to be June 1 through December 31 each year and increasing the recreational minimum size limit from 22 to 24 inches total length for both gag and black groupers in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.34(e), §622.37(b)(1)(ii), and §622.37(b)(5)(ii) as of May 25, 2016). These federal rule changes are based on a 2014 gag grouper stock assessment, which indicated the stock is neither overfished nor undergoing overfishing, and important for fishermen and stakeholders. Opening the season June 1 was seen as a way to help eliminate discards of gag grouper during the red snapper season in June. The recreational size limit for both gag and black groupers was modified because anglers commonly confuse these two species. At its February 2016 meeting, the Florida Fish and Wildlife Conservation Commission approved a June 1 through December 31 gag grouper season in state waters of the Gulf (excluding state waters of Franklin, Wakulla, Taylor, Jefferson, and Monroe counties), and an increase to the recreational minimum size limit for gag and black groupers from 22 to 24 inches total length in state waters of the Gulf of Mexico. Anglers fishing for gag grouper in state waters off Franklin, Wakulla, Taylor, and Jefferson counties have an April 1 through June 30 season which would not be changed to continue to allow for harvest of gag grouper in Big Bend state waters when gag grouper are available in this area. Anglers harvesting grouper in state waters off Monroe County follow Atlantic regulations for grouper. The purpose of these rules is to achieve consistency between the Commission’s gag and black grouper regulations and regulations in federal waters of the Gulf of Mexico.

The effect of the rule amendment is that state and federal regulations can be applied more consistently to recreational fishing activity for gag and black grouper in the Gulf of Mexico. A longer recreational season for gag grouper in the Gulf of Mexico provides additional fishing opportunities for southwest Florida anglers during December. Southwest Florida anglers and for-hire businesses have emphasized that being able to harvest gag grouper in late December is important because of the increased tourism in the area during that time of year. In addition, a 24-inch total length recreational size limit for gag and black groupers in state waters of the Gulf of Mexico would match the current recreational size limit for gag and black grouper recreationally harvested in state waters of the Atlantic Ocean, making regulations more consistent across both coasts which would improve enforceability and angler understanding of rules.

68B-14.0035 (Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.) would be amended to specify a 24 inch total length minimum size limit for both gag and black groupers recreationally harvested in the Gulf of Mexico.

68B-14.0039 (Recreational Grouper Seasons.) would be amended to specify a June 1 through December 31 season for gag grouper recreational harvested in state waters of the Gulf of Mexico, excluding Franklin, Wakulla, Taylor, Jefferson, and Monroe Counties.

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-14.0035 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).

(a)1. Black grouper harvested recreationally from the Atlantic Ocean and all waters of Monroe County 24 inches.

2. Black grouper harvested recreationally from the Gulf of Mexico except from all waters of Monroe County 24 22 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(b)(5)(ii) as of May 25, 2016.

(b) Black grouper harvested commercially 24 inches.

(c)1. Gag harvested recreationally from the Atlantic Ocean and all waters of Monroe County 24 inches.

2. Gag harvested recreationally from the Gulf of Mexico except from all waters of Monroe County 24 22 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(b)(1)(ii) as of May 25, 2016.

(d)1. Gag harvested commercially from the Atlantic Ocean and all waters of Monroe County 24 inches.

2. Gag harvested commercially from the Gulf of Mexico except from all waters of Monroe County 22 inches.

(e) through (h) 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.

 

68B-14.0039 Recreational Grouper Seasons.

(1)(a) In all state waters of the Gulf of Mexico, except in all waters of Monroe County, and the waters described in paragraph (b), the season for the recreational harvest and possession of gag grouper shall be June July 1 through December 31 each year consistent with the Federal Standards established in 50 C.F.R. §622.34(e) as of May 25, 2016. Except for persons harvesting gag grouper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from January 1 December 4 through May 31 June 30, no person shall harvest in or from state waters of the Gulf of Mexico, except in all waters of Monroe County, nor possess while in or on state waters of the Gulf of Mexico, except in all waters of Monroe County, any gag grouper.

(b) No change.

(2) 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.