68B-14.0045. Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

(1) Licenses.

(a) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and:

1. If fishing in state waters of the Atlantic Ocean, either a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper pursuant to 50 C.F.R. §622.170(a)(1) issued to and possessed aboard the vessel.

2. If fishing in state waters of the Gulf of Mexico, a valid commercial reef fish permit pursuant to 50 C.F.R. §622.20(a)(1) issued to and possessed aboard the vessel, except as provided in subparagraph 3.

3. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, commercial individiual fishing quota (IFQ) regulations, as defined in Rule 68B-14.0046, F.A.C., shall apply.

4. For a person to use a black sea bass trap in the Atlantic Ocean, a valid South Atlantic black sea bass pot endorsement as defined in 50 C.F.R. §622.4(a)(2)(xv) (as of January 22, 2013) and a valid commercial South Atlantic snapper-grouper unlimited permit must be issued to and possessed aboard the vessel.

(b) The requirement of a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper in subsection (1), shall not apply to the harvest of black snapper, dog snapper, mahogany snapper, schoolmaster, or wenchman for commercial purposes in the Atlantic Ocean.

(c) The requirement of a valid commercial vessel permit for Gulf reef fish in subsection (1), shall not apply to the harvest of bank sea bass, black sea bass, coney, graysby, misty grouper, red hind, rock hind, rock sea bass, black snapper, dog snapper, mahogany snapper, schoolmaster, or red porgy for commercial purposes in the Gulf of Mexico.

(d) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in the Atlantic Ocean who is required to possess any of the federal permits listed in paragraph (a), is subject to any federal vessel possession limits that apply in the adjacent EEZ and shall not possess in or on state waters of the Atlantic Ocean more fish or pounds than specified in the federal regulations.

(e) No person harvesting for commercial purposes pursuant to this subsection shall sell or attempt to sell any of the indicated species, or any part of the indicated species, without possessing and presenting to the purchaser the state and federal licenses and permits specified in paragraph (a). No wholesale dealer, as defined in Section 379.362(1), F.S., shall purchase any of these species, or any part thereof, without confirming that the seller thereof possesses the state and federal licenses and permits specified in this rule.

(2) Season Closures.

(a) If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of any of the species listed in subsection 68B-14.001(2), F.A.C., corresponding state waters shall also be closed to commercial harvest of the species affected by the federal closure, beginning from the date of such closure until federal waters are reopened to the commercial harvest of such species.

(b) During the period of any closure pursuant to paragraph (a), the harvest, possession, or landing in quantities greater than the bag limits specified in Rule 68B-14.0036, F.A.C., and the purchase, sale or exchange, of any species to which the closure applies, is prohibited.

(c) The closure specified in paragraph (a), and the prohibitions specified in paragraph (b), shall not apply when the species to which the closure applies is legally harvested outside the waters of the closed area. Any person possessing such species during the time period of a closure shall establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, to show that such species originated from a point outside the closed area. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this subsection.

(d) During the months of January, February, March, and April each year, the harvest, possession, or landing for commercial purposes, and the purchase, sale, or exchange, of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, and graysby harvested from state waters of the Atlantic Ocean and from all state waters of Monroe County, is prohibited.

(e) During the period beginning September 20 and continuing through October 4 of each year, no black sea bass trap as defined in Rule 68B-4.020 and in paragraph 68B-14.005(1)(b), F.A.C., shall be placed in state waters of the Gulf of Mexico seaward of three nautical miles from shore.

(3) Bag and Trip Limits.

(a) Snapper.

1. Cubera snapper. No person harvesting for commercial purposes shall harvest in or from state waters more than 2 cubera snapper 30 inches in total length or larger per day and no more than 2 such cubera snapper shall be possessed aboard any vessel in or on state waters, at any time.

2. Mutton snapper. From July 1 through March 31 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 500 pounds of mutton snapper per day or per trip, whichever is more restrictive. From April 1 through June 30 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 5 mutton snapper per day or 5 mutton snapper per trip, whichever is more restrictive.

3. Red snapper. No person harvesting for commercial purposes shall harvest in or from state waters of the Atlantic Ocean, more than 2 red snapper per day. No person harvesting for commercial purposes shall harvest in or from state waters of the Gulf of Mexico, more than 2 red snapper per day.

(b) Grouper.

1. Nassau grouper and Goliath grouper. No person harvesting for commercial purposes shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper, or goliath grouper. The purchase, sale, or exchange of any Nassau grouper or goliath grouper is prohibited.

2. Speckled hind and Warsaw grouper. No person shall harvest in or from state waters any speckled hind or Warsaw grouper for commercial purposes and the purchase, sale, or exchange of such fish is prohibited.

(c) No person harvesting for commercial purposes shall, on the same trip, harvest or possess reef fish species pursuant to the recreational bag limit specified in Rule 68B-14.0036, F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10, 1-12-11, 6-10-13, 10-16-14, 7-1-16, 1-1-17, 1-1-19, 7-1-19, 10-26-23.