The Florida Fish and Wildlife Conservation Commission is modifying the gag grouper recreational season in Gulf state waters based on the results of a recent stock assessment and stakeholder concerns about the status of the ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0039Recreational Grouper and Tilefish Seasons

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission is modifying the gag grouper recreational season in Gulf state waters based on the results of a recent stock assessment and stakeholder concerns about the status of the Gulf gag grouper fishery. A recent stock assessment determined Gulf gag grouper is overfished and undergoing overfishing, and the Gulf of Mexico Fishery Management Council recently approved an interim measure to reduce harvest by 78% and modify the 2023 recreational season in federal waters.

The purpose of these rule changes for gag grouper is to help end overfishing, improve stock abundance, and ensure future fishing opportunities.

The effect of the rule amendment is to modify the recreational gag grouper season to be open from September 1 through November 10 in Gulf state waters.

SUMMARY: These rule amendments modify gag grouper recreational harvest season in Gulf state waters. This amendment is consistent with pending regulations in adjacent federal 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-14.0039 Recreational Grouper and Tilefish 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 September 1 through November 10 each year June 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 November 11 January 1 through August 31 May 31, 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) 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. 

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) through (4) No change. 

PROPOSED EFFECTIVE DATE: January 1, 2023

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, 01-01-23. 

 

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: July 13, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 8, 2022