Fla. Admin. Code Ann. R. 68B-14.0091 - Recreational Goliath Grouper Harvest Permits; Goliath Grouper Tag Specifications; Harvest Reporting Requirements

(1) No person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper unless:

(a) Such person has been issued a recreational goliath grouper harvest permit pursuant to subsection (2);

(b) Such person has been issued a goliath grouper tag pursuant to subsection (3) and a valid goliath grouper tag is securely attached around the lower jawbone of the goliath grouper immediately upon harvest; and,

(c) Such harvest or possession is consistent with other applicable provisions of Chapter 68B-14, F.A.C.

(2) Recreational Goliath Grouper Harvest Permits -

(a) Recreational goliath grouper harvest permits may be applied for through the Commission's online licensing system during a 15 consecutive day period between October 1 and November 30 each year to be set by posting on the agency's website.

1. An applicant may only submit one application for a recreational goliath grouper harvest permit during any single application period; however an applicant may elect to apply for one or more permit category, defined as follows:

a. A "Category I" recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C.

b. A "Category II" recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C., excluding all waters of Everglades National Park. A person issued a Category II recreational goliath grouper harvest permit may not harvest or land a goliath grouper from Everglades National Park or possess a goliath grouper within Everglades National Park.

2. Upon application, each applicant must pay a $10 non-refundable application fee and must agree to pay a permit fee, as established in sub-subparagraphs a. and b. below, for the issuance of a recreational goliath grouper perrmit should the applicant be awarded a permit. No person is exempt from paying the special use application or permit fees.

a. The annual recreational goliath grouper permit fee for a resident, as defined in Section 379.101(30)(b), F.S., is $150.

b. The annual recreational goliath grouper permit fee for a nonresident is $500.

(b) Applicants for a recreational goliath grouper harvest permit shall:

1. Not have received a disposition other than acquittal or dismissal for a violation of any provision of Chapter 369, 379, or 828, F.S., or of a rule of the Commission or of other similar laws or rules in this or any other jurisdiction that relate to hunting or fishing, within a period of five (5) years preceding the date of application.

2. Not have previously been issued a recreational goliath grouper harvest permit for the current application year.

3. Have timely submited required harvest reporting for any recreational goliath grouper harvest permits issued to the applicant prior to the current application year.

(c) One goliath grouper tag will be issued with each recreational goliath grouper harvest permit.

(d) A person shall not be issued more than one recreational goliath grouper harvest permit for any single harvest period. A recreational goliath grouper harvest permit shall be valid only for the permit category and the harvest period indicated thereon. For the purpose of this rule, "harvest period" means the open harvest season established in paragraph 68B-14.0039(3)(a), F.A.C.

(f) Recreational goliath grouper harvest permits are not transferable.

(g) The Commission may not issue more than a total of 200 recreational goliath grouper harvest permits for any single harvest period. No more than 50 such permits shall be Category I recreational goliath grouper harvest permits.

(3) Goliath Grouper Tags -

(a) One goliath grouper tag will be issued with each recreational goliath grouper harvest permit issued pursuant to subsection (2).

(b) Except as provided in paragraph (e), a person may not be issued more than one goliath grouper tag for any single harvest period. A person may not use a goliath grouper tag more than once.

(c) Validity of Goliath Grouper Tags -

1. A goliath grouper tag is only valid for the harvest, possession, and landing of one goliath grouper.

2. A goliath grouper tag is only valid for the recreational goliath grouper harvest permit category and the harvest period indicated thereon.

3. A goliath grouper tag is not transferable. The sale, purchase, transfer, or exchange of a goliath grouper tag to any person other than the original recreational goliath grouper harvest permit holder is prohibited.

(d) Except as provided in paragraph (e), the Commission may not issue more than a total of 200 goliath grouper tags for any single harvest period. No more than 50 such goliath grouper tags shall be issued for Category I recreational goliath grouper harvest permits.

(e) Replacement Goliath Grouper Tags. A person who has been awarded and issued a valid recreational goliath grouper harvest permit may apply to replace a lost or damaged goliath grouper tag.

1. To apply for a replacement goliath grouper tag, an applicant must submit a signed and notarized affidavit attesting that the applicant's goliath grouper tag was lost or damaged. Such affidavit must include the applicant's full name, FWC recreational license customer ID number (CID), mailing address, an explanation of the circumstances that led to the applicant's goliath grouper tag becoming lost or damaged, and a statement certifying that the applicant has not harvested a goliath grouper during the applicable harvest period. Affidavits for replacement goliath grouper tags must be submitted to Florida Fish and Wildlife Conservation Commission, Division of Marine Fisheries Management, 620 S. Meridian Street, Tallahassee, Florida 32399-1600.

2. A replacement goliath grouper tag will only be valid for the harvest period and recreational goliath grouper permit category awarded to the applicant. A replacement goliath grouper tag will not be issued to an applicant that has not been issued a valid recreational goliath grouper harvest permit for the applicable harvest period.

3. A person may not be issued more than one replacement goliath grouper tag for any single harvest period.

4. Upon issuance of a replacement goliath grouper tag, any previous goliath grouper tag issued to the applicant for the specified harvest period shall be invalid.

5. The issuance of a replacement goliath grouper tag shall not be construed to authorize harvest or possession of goliath grouper in excess of the bag limit established in paragraph 68B-14.0036(2)(h), F.A.C.

(f) Exceptions to Tag Requirement - The prohibition of possession of an untagged goliath grouper in paragraph (1)(b) does not apply to a taxidermist who removes the goliath grouper tag during the process of mounting a legally harvested goliath grouper. The taxidermist shall ensure that the removed tag remains with the goliath grouper during any subsequent storage or shipment.

(4) Harvest Reporting Requirements -

(a) A person who harvests a goliath grouper under a recreational goliath grouper permit issued pursuant to subsection (2) must report such harvest and harvest data within 24 hours after harvest to the Commission's online harvest reporting system, available at: https://GoOutdoorsFlorida.com and through the Fish|Hunt Florida app on Apple and Android devices.

(b) A person who has been issued a recreational goliath grouper harvest permit and does not harvest a goliath grouper must report that no harvest occurred to the Commission's harvest reporting system within 24 hours after the assigned harvest period closes.

(c) In addition to the information required in paragraph (a), a person who harvests a goliath grouper under a recreational goliath grouper harvest permit must provide a biological sample of such goliath grouper if required by the terms of the permit.

(d) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(5) No person is exempt from the permitting or tagging requirements of this rule.

Notes

Fla. Admin. Code Ann. R. 68B-14.0091

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS.

Adopted by Florida Register Volume 48, Number 076, April 19, 2022 effective 7/1/2022.

New 7-1-22.