Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
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.
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