13982664, 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: 13982664

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:

NOAA Fisheries eliminated the requirement to possess and use venting tools when fishing for reef fish in federal waters of the Gulf of Mexico (formerly 50 C.F.R. § 622.30(c), effective September 3, 2013).  The purpose of this rule amendment is to eliminate the requirement for commercial and recreational fishermen to possess and use venting tools when fishing for reef fish in state waters of the Gulf of Mexico.  The requirement to possess and use venting tools was removed for several reasons.  While venting can be useful in reducing release mortality of fish caught in deep water, fish do not always need to be vented, and in these cases, venting can cause unnecessary harm to the fish.  Improper venting techniques can pierce vital organs and lead to internal bleeding.  Venting fish also requires additional handling time and can result in physical injury or physiological stress for the fish, which could decrease the chances that the fish will survive after release.   Also, new tools and methods such as descending devices are now available to reduce release mortality of reef fish caught in deep water. 

The effect of this rule amendment is that federal and state regulations regarding gear requirements for reef fish can be applied consistently in the Gulf of Mexico.  The elimination of this rule will allow recreational anglers and commercial fishermen the freedom to use methods and tools of their choosing to increase survival of released reef fish in the Gulf of Mexico. 

68B-14.005 (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation) would be amended to eliminate language requiring commercial and recreational fishermen to possess and use venting tools when fishing for reef fish in state waters of the Gulf of Mexico.

SUMMARY:

Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850) 487-1764.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

12/26/2013 Vol. 39/248

COMMENTS:

From 12/26/2013 To 1/9/2014 (14 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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