South Atlantic snowy grouper and blueline tilefish primarily occur in federal waters but can be harvested in state waters off southeast Florida. In Atlantic federal waters, these species are managed with quotas, bag or vessel ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-14.0036: Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

68B-14.0039: Recreational Grouper and Tilefish Seasons

PURPOSE, EFFECT AND SUMMARY: South Atlantic snowy grouper and blueline tilefish primarily occur in federal waters but can be harvested in state waters off southeast Florida. In Atlantic federal waters, these species are managed with quotas, bag or vessel limits, and an open harvest season to prevent overfishing. The most recent stock assessment for snowy grouper indicates that the stock has been overfished for decades and is currently undergoing overfishing. Additionally, the South Atlantic blueline tilefish stock is at risk of overfishing due to recreational landings exceeding the recreational quota in recent years. To reduce harvest and help improve stock status of these species, the South Atlantic Fishery Management Council (Council) took action last year to modify recreational and/or commercial regulations for each of these species.

Consistent recreational regulations between Atlantic state and federal waters can help rebuild the snowy grouper stock, reduce the risk of overfishing for blueline tilefish, reduce the risk of in-season closures in federal waters for these species, and aid in enforcement and compliance. This federal consistency would update Atlantic state recreational rules to be consistent with current federal regulations.

At its February 2023 meeting, the Florida Fish and Wildlife Conservation Commission approved a rule to modify recreational regulations for snowy grouper and blueline tilefish in Florida’s Atlantic state waters to be consistent with federal regulations. Specifically, these recreational management changes include reducing the snowy grouper bag limit from 1 per person/day to 1 per vessel/day and establishing an open season of May-June in Atlantic state waters and all state waters of Monroe County, and reducing the blueline tilefish bag limit from 3 to 2 fish per person/day and prohibiting for-hire captain and crew from retaining a bag limit in Atlantic state waters and all state waters of Monroe County. The purpose of this federal consistency action is to improve stock status, which will help improve the long-term health of these reef fish stocks. The effects of this federal consistency action are to modify recreational limits for snowy grouper and blueline tilefish in Atlantic state waters that are consistent with those in adjacent federal waters, thereby reducing regulatory confusion for fishers and aiding in enforcement.

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: Jessica McCawley, Director, Division of Marine Fisheries Management, Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, Florida 32399.

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-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption.

(1) No change.

(2) Grouper.

(a) through (e) No change.

(f) Snowy grouper. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean and all state waters of Monroe County, nor possess in or on the state waters of the Atlantic Ocean and all state waters of Monroe County, more than one snowy grouper per day, and no more than one snowy grouper shall be possessed aboard any vessel in or on state waters of the Atlantic Ocean and all state waters of Monroe County at any time (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(ii) as of January 2, 2024). Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

(g) through (h) No change.

(3) through (6) No change.

(7) Tilefish.

(a) Golden tilefish. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the Atlantic Ocean more than one golden tilefish per person per day. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (2)(a).

(b) Blueline tilefish.

1. Bag limit. Except for the closed season in paragraph 68B-14.0039(54)(b), F.A.C., no recreational harvester shall harvest in or from state waters of the Atlantic Ocean and all waters of Monroe County, nor possess in or on the state waters of the Atlantic Ocean and all waters of Monroe County more than twothree blueline tilefish per person per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(iv) as of December 7, 2023February 27, 2020). Such fish shall be counted for purposes of the aggregate grouper bag and possession limit for the Atlantic Ocean and all waters of Monroe County prescribed in paragraph (2)(a).

2. Captain and crew limit. The daily bag and possession limit of for captain and crew on headboat or charter vessels in or on state waters of the Atlantic Ocean and all waters of Monroe County is zero (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(iv) as of December 7, 2023).

(8) through (10) 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 46-14.0036, Amended 10-22-99, 1-1-00, 3-6-00, 3-1-01, 1-1-03, 1-3-05, 9-16-05, 1-1-06, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 10-16-09, 1-19-10, 12-30-11, 7-1-12, 6-10-13(4), 6-10-13(8), 3-13-14, 5-7-15, 7-1-16, 11-17-16, 1-1-17, 5-30-17, 8-24-17, 1-16-18, 7-1-19, 4-1-20, 1-1-21, 8-25-21, 7-1-22, ________.

 

68B-14.0039 Recreational Grouper and Tilefish Seasons.

(1)    through (3) No change.

(4) Snowy Grouper.

(a) Snowy Grouper Open Season. In all state waters of the Atlantic Ocean, including all waters of Monroe County, the open season for the recreational harvest and possession of snowy grouper shall be May 1 through June 30 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(8) as of January 2, 2024).

(b) Snowy Grouper Closed Season. Except for persons harvesting snowy grouper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., in all state waters of the Atlantic Ocean, including all waters of Monroe County, the recreational harvest and possession of snowy grouper shall be prohibited from January 1 through April 30 and July 1 through December 31 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(8) as of January 2, 2024).

(5)(4) Tilefish.

(a) through (b) 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, 1-1-21, 7-1-22, 1-1-23, _______.