The Commission is considering changes to state regulations that would add September 1 – December 31 to the recreational harvest season for gag grouper all waters of Franklin, Wakulla, Jefferson, and Taylor counties, including Indian Pass, ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0039Recreational Grouper Seasons

PURPOSE AND EFFECT: The Commission is considering changes to state regulations that would add September 1 – December 31 to the recreational harvest season for gag grouper all waters of Franklin, Wakulla, Jefferson, and Taylor counties, including Indian Pass, Apalachicola Bay, and the Steinhatchee River (Big Bend region). Currently, the recreational harvest season is April 1 through June 30 each year in the Big Bend region. The recreational harvest season in Gulf federal waters and all other state waters of the Gulf of Mexico (excluding Monroe County) is from June 1 through December 31. The purpose of this rule is to accommodate the economic and social needs of recreational harvesters in the Big Bend region of Florida, and to make the recreational harvest season length for this area comparable to the harvest season length elsewhere in the Gulf of Mexico.

The effect of these rule amendments is to balance the economic and social needs of the Big Bend region with the conservation needs of gag grouper in the Gulf of Mexico. The addition of a September 1 through December 31 season for the Big Bend region will provide fishing opportunities for recreational anglers when gag grouper are closer to shore and can be safely accessed by smaller boats. It will also make the Big Bend season the same number of months as the season elsewhere in the Gulf of Mexico. This season change is not expected to cause a federal quota overrun or impact the Gulf grouper stock if current harvest trends continue.

SUMMARY: The proposed final rule would modify the recreational harvest season for gag grouper all waters of Franklin, Wakulla, Jefferson, and Taylor counties, including Indian Pass, Apalachicola Bay, and the Steinhatchee River to include September 1 through December 31.

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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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:

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:

DATES AND TIMES: During the Commission’s regular meeting July 10-11, 2017, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Orange County Convention Center, West Building – Room WF3, 9800 International Drive, Orlando, FL 32819.

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, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.0039 Recreational Grouper Seasons.

(1)(a) No change.

(b) In all waters of Franklin, Wakulla, Jefferson, and Taylor counties, including Indian Pass, Apalachicola Bay, and the Steinhatchee River the season for the recreational harvest and possession of gag grouper shall be from April 1 through June 30 and from September 1 through December 31. Recreational harvest of gag grouper is prohibited in these counties January 1 through March 31 and July 1 through August 31 March 31.

This area is further described:

Commencing at the edge of the Gulf of Mexico at Indian Pass at 85 degrees 13.76 minutes west longitude and 29 degrees 40.71 minutes north latitude; thence in a southerly direction to the limit of state jurisdictional waters of the Gulf of Mexico at 85 degrees 13.71 minutes west longitude and 29 degrees 30.32 minutes north latitude; thence in an easterly direction along the southern limit of state jurisdictional waters to the southeast corner of the closed area at 83 degrees 34.52 minutes west longitude and 29 degrees 31.62 minutes north latitude; thence in a northeasterly direction along the Taylor-Dixie county waters boundary to the opening of the Steinhatchee River, thence in a northeasterly direction to the eastern shore at the mouth of the Steinhatchee River at 83 degrees 24.53 minutes west longitude and 29 degrees 40.03 minutes north latitude and including all waters of the Steinhatchee River.

State jurisdictional waters are depicted on official NOAA charts as the “9-Nautical Mile Natural Resources Boundary Line” and commonly referred to as the nine mile line (see NOAA chart numbers 11401, 11405, and 11407, and “Note X” on these charts).

(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, 7-1-16, 8-31-17.

 

PROPOSED EFFECTIVE DATE: August 31, 2017

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 20, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017