A recent stock assessment for South Atlantic red porgy indicates the stock has been overfished for decades and is currently undergoing overfishing. Despite multiple rebuilding plans and subsequent management changes, additional ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

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

68B-14.0043Recreational Red Porgy Season

PURPOSE, EFFECT AND SUMMARY: A recent stock assessment for South Atlantic red porgy indicates the stock has been overfished for decades and is currently undergoing overfishing. Despite multiple rebuilding plans and subsequent management changes, additional harvest reductions are necessary to end overfishing. To reduce harvest and help improve stock status of red porgy, the South Atlantic Fishery Management Council recently took action to modify recreational and commercial regulations for this species in South Atlantic federal waters. Off Florida, recreational red porgy harvest primarily occurs in federal waters, but can be harvested in state waters off southeast Florida. Any harvest in state waters contributes towards the overall stock quota.

 

Consistent recreational regulations between Atlantic state and federal waters can help rebuild the red porgy stock, reduce the risk of in-season closures in federal waters, and aid in enforcement. This federal consistency would update state recreational rules to be consistent with current federal regulations.

 

At its February meeting, the Florida Fish and Wildlife Conservation Commission approved a rule to modify recreational regulations for red porgy in Florida’s Atlantic state waters to be consistent with recently approved federal regulations. Specifically, these recreational management changes include, reducing the red porgy bag limit from 3 to 1 fish per person/day and establishing an open season of May-June in Atlantic state waters. The purpose of this federal consistency action is to improve stock status of red porgy, which will help improve the health of this fishery for the long-term. The effects of this federal consistency action are to modify recreational limits for red porgy 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) through (4) No change.

(5) Red porgy. No recreational harvester shall harvest from state waters of the Atlantic Ocean more than one3 red porgy per day, nor possess more than one3 such fish (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(6) as of January 19, 2023) while in, on, or above state waters of the Atlantic Ocean or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters.

(6) through (10) No change.

 

PROPOSED EFFECTIVE DATE: 4-1-23

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, 4-1-23.

68B-14.0043 Recreational Red Porgy Season.

(1) Red Porgy Open Season. In all state waters of the Atlantic Ocean, the open season for the recreational harvest and possession of red porgy shall be May 1 through June 30 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(9) as of January 19, 2023).

(2) Red Porgy Closed Season. Except for persons harvesting red porgy for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., in all state waters of the Atlantic, the recreational harvest and possession of red porgy 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)(9) as of January 19, 2023).

 

PROPOSED EFFECTIVE DATE: 4-1-23

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-1-23.