23798385, 68B-14.005 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23798385

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.005

Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

PURPOSE:

Recently, NOAA Fisheries implemented regulations in Atlantic federal waters to require the use of non-stainless steel, non-offset circle hooks north of the 28 degrees N. latitude and require the use of non-stainless-steel hooks south of 28 degrees N. latitude. Increasing reef fish survival through correct gear use, proper fish handling, and the mitigation of barotrauma may contribute to increased health and fishing opportunities of reef fish stocks.

Consistent hook regulations for reef fish between Atlantic state and federal waters will reduce regulatory confusion, increase survival of released fish, and promote best fishing practices.  Non-stainless-steel hooks should degrade faster in the marine environment compared to stainless steel, ultimately increasing a fish’s chance for survival if the hook cannot be removed. Use of non-offset circle hooks helps to minimize hook-related mortality of reef fish. However, allowing the use of other types of non-stainless-steel hooks, like J hooks, south of the 28 degrees N. latitude accommodates important south Florida fisheries, where circle hooks do not provide the same conservation benefits as compared to fisheries elsewhere. 

At its October 2020 meeting, the Florida Fish and Wildlife Conservation Commission approved hook regulations for anyone fishing for reef fish on hook and line with natural baits on board a vessel in Atlantic state waters, consistent with recent federal requirements in Atlantic federal waters.  The purpose of this federal consistency action is to reduce reef fish discard mortality and help to improve reef fish stocks for the long-term.  The effects of this federal consistency action are to establish hook regulations for anyone fishing for reef fish in Atlantic state waters that are consistent with those in adjacent federal waters, thereby reducing regulatory confusion for fishermen, improving the survival of reef fish, and promoting best fishing practices.

SUMMARY:

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

10/26/2020 Vol. 46/209

COMMENTS:

From 10/26/2020 To 11/9/2020 (14 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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