NOAA Fisheries approved a rule increasing the commercial minimum size limit from 22 to 24 inches total length for gag grouper in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.37(b)(1) as of July 23, 2018). This change was requested by ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

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

PURPOSE, EFFECT AND SUMMARY: NOAA Fisheries approved a rule increasing the commercial minimum size limit from 22 to 24 inches total length for gag grouper in federal waters of the Gulf of Mexico (see 50 C.F.R. §622.37(b)(1) as of July 23, 2018). This change was requested by Florida commercial grouper fishermen and will make the Gulf commercial size limit consistent with the size limit in the Atlantic Ocean. The purpose of these rules is to achieve consistency between the Commission’s gag 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 grouper in the Gulf of Mexico. In addition, a 24-inch total length commercial minimum size limit for gag grouper in state waters of the Gulf of Mexico would match the current size limit for recreational harvest, as well as for commercial harvest in state and federal waters of the Atlantic Ocean, making regulations more consistent across both coasts which would improve enforceability and understanding of rules.

Rule 68B-14.0035, F.A.C. (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 gag grouper commercially harvested in the Gulf of Mexico.

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) through (c) No change.

(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 2422 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(b)(1) as of July 23, 2018.

(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, 7-1-16, 11-17-16, 1-1-17, ______.