Fla. Admin. Code R. 68B-14.0036

Current through Reg. 50, No. 217; November 5, 2024

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

(1) Snapper.

(b) Gray (mangrove) snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 gray (mangrove) snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(c) Red snapper. Except as provided elsewhere in this chapter, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 2 red snapper per day, nor shall a recreational harvester harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than 2 red snapper per day. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Gulf of Mexico, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crewman of such vessel. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a), only if harvested in or from state waters.

(d) Vermilion snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 5 vermilion snapper per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(5) as of January 16, 2013). No recreational harvester shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than 10 vermilion snapper per day. Such bag and possession shall not be counted for purposes of the aggregate snapper bag and possession limits prescribed in paragraph (a).

(e) Gulf lane snapper. Lane snapper harvested in state waters of the Gulf of Mexico shall not be subject to nor counted for purposes of determining compliance with the bag and possession limits established in paragraph (a).

(f) Cubera snapper.

1. Cubera snapper of a total length less than thirty inches (30'') shall be included in the aggregate snapper bag and possession limit established in paragraph (a), and the exception provided in subsection (9).

2. No recreational harvester shall harvest in or from state waters, nor possess while in or on 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. Such larger cubera snapper shall not be included in the aggregate snapper bag and possession limit prescribed in paragraph (a).

(g) Mutton snapper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 mutton snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(2) Grouper.

(a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest within or without Florida waters, nor possess within or without Florida waters, more than a total of 4 grouper per day in the Gulf of Mexico excluding waters of Monroe County in any combination of species, or more than a total of 3 grouper per day in the Atlantic Ocean and all waters of Monroe County, in any combination of species.

(b) Gag and black grouper.

1. Except as provided elsewhere in this rule, in all state waters of the Atlantic Ocean and all state waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 1 fish may be a gag or a black grouper. No recreational harvester may harvest in or from state waters of the Atlantic Ocean or in or from state waters of Monroe County, nor possess while in or on the waters of the Atlantic Ocean or in or on state waters of Monroe County, more than 1 such fish.

2. Except as provided elsewhere in this rule, in all state waters of the Gulf of Mexico, except in all waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be gag grouper. No recreational harvester may harvest in or from state waters of the Gulf of Mexico, nor possess while in or on the waters of the Gulf of Mexico, except in all waters of Monroe County, more than 2 gag grouper.

(c) Red grouper. Except as provided elsewhere in this rule, in all state waters of the Gulf of Mexico, except in all waters of Monroe County, within the the aggregate bag and possession limit established in paragraph (2)(a), no more than 2 fish may be red grouper (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(2) as of May 7, 2015). No recreational harvester may harvest in or from state waters of the Gulf of Mexico, nor possess while in or on the waters of the Gulf of Mexico, except in all waters of Monroe County, more than 2 red grouper.

(d) Gag, red and black grouper. In all state waters of the Gulf of Mexico, except in all waters of Monroe County, the daily bag and possession limit for captains and crew on for-hire vessels is zero.

(e) Speckled hind and Warsaw grouper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than one speckled hind or more than one Warsaw grouper per day, and no more than one of each species shall be possessed aboard any vessel in or on state waters, at any time. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

(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 while in or on 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) Nassau grouper. No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper. The purchase, sale, or exchange of any Nassau grouper is prohibited.

(h) Goliath grouper.

1. Except as provided in Rule 68B-14.0091, F.A.C., no person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper.

2. A recreational harvester who meets the requirements of subsection 68B-14.0091(1), F.A.C., shall not harvest or land from Florida Waters more than one goliath grouper per open harvest season. Such person may not possess more than one goliath grouper. Such fish shall not be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

3. The purchase, sale, or exchange of any goliath grouper is prohibited.

(3) Hogfish.

(a) In the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of Mexico, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 1 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(3)(ii) as of August 24, 2017).

(b) In the Gulf of Mexico north of 25°09' North Latitude, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(7) as of August 24, 2017).

(4) Black sea bass. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 7 black sea bass per day (consistent with the Federal Standards established in 50 C.F.R. §622.187(b)(7) as of August 12, 2016).

(5) Red porgy. No recreational harvester shall harvest from state waters of the Atlantic Ocean more than one red porgy per day, nor possess more than one such fish (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(7) 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) Amberjacks. Except as allowed for those persons harvesting for commercial purposes pursuant to Rule 68B-14.0045, F.A.C.:

(a) Greater amberjack. No person shall harvest from state waters, more than 1 greater amberjack per day, nor possess more than 1 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters.

(b) Banded rudderfish and lesser amberjack. No person shall harvest from state waters, more than an aggregate bag limit of 5 banded rudderfish and lesser amberjack per day either individually or in combination, nor possess more than 5 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach or any fishing site adjacent to such waters.

(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 two 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, 2023). 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) Gray Triggerfish.

(a) Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Gulf of Mexico nor possess in or on the state waters of the Gulf of Mexico more than one gray triggerfish at any time (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(5) as of June 10, 2013).

(b) Except as provided elsewhere in this rule, 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 10 gray triggerfish at any time.

(9) Exception. The exceptions provided in paragraphs (9)(a)-(d) below do not apply to red porgy harvested from the Atlantic Ocean nor goliath grouper harvested from Florida Waters.

(a) Any person harvesting pursuant to the bag limits of this rule and who has fished for more than one day, may possess double the bag limit once such person has landed the fish, departed the fishing site and is no longer within 100 yards of any state waters, docks, fishing piers, or other fishing sites.

(b) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a charter vessel or headboat on a vessel for hire trip that spans more than 24 hours may possess no more than two daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R. §622.187(c)(1)(i) as of March 26, 2021).

(c) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a headboat on a vessel for hire trip that spans more than 48 hours and can document that fishing was conducted on at least three days may possess no more than three daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.187(c)(1)(ii) as of March 26, 2021).

(d) Consistent with Federal Standards in the Gulf of Mexico, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a charter vessel or headboat on a vessel for hire trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits, provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.38(c) as of March 26, 2021).

(10) Wholesale/retail purchase exemption. Except as provided in paragraphs (2)(d) and (2)(h), the possession limits of this rule do not apply to any licensed seafood dealer, or to any fish purchased from a licensed wholesale or retail seafood dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail seafood dealer. Failure to maintain such receipts, bills of sale, or other appropriate documentation shall constitute a violation of this rule.

Fla. Admin. Code Ann. R. 68B-14.0036

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

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, Amended by Florida Register Volume 41, Number 092, May 12, 2015 effective 5/7/2015, Amended by Florida Register Volume 42, Number 125, June 28, 2016 effective 7/1/2016, Amended by Florida Register Volume 42, Number 213, November 1, 2016 effective 11/17/2016, Amended by Florida Register Volume 42, Number 188, September 27, 2016 effective 1/1/2017, Amended by Florida Register Volume 42, Number 240, December 13, 2016 effective 1/1/2017, Amended by Florida Register Volume 43, Number 109, June 6, 2017 effective 5/30/2017, Amended by Florida Register Volume 43, Number 163, August 22, 2017 effective 8/24/2017, Amended by Florida Register Volume 44, Number 015, January 23, 2018 effective 1/16/2018, Amended by Florida Register Volume 45, Number 113, June 11, 2019 effective 7/1/2019, Amended by Florida Register Volume 46, Number 048, March 10, 2020 effective 4/1/2020, Amended by Florida Register Volume 46, Number 229, November 24, 2020 effective 1/1/2021, Amended by Florida Register Volume 47, Number 154, August 10, 2021 effective 8/25/2021, Amended by Florida Register Volume 48, Number 076, April 19, 2022 effective 7/1/2022, Amended by Florida Register Volume 50, Number 030, February 13, 2024 effective 2/25/2024.

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, 2-25-24.