18644484, 68B-14.005 - Florida Administrative Rules, Law, Code, Register

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Notice: 18644484

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 approved rules removing the requirement that commercial harvesters use stainless steel circle hooks when fishing for yellowtail snapper on hook-and-line gear with natural baits in the Gulf of Mexico south of 25°09’north latitude (see 50 C.F.R. §622.30(a) as of March 13, 2017). In the Gulf of Mexico, recreational and commercial fishermen that are fishing for other reef fish are required to use circle hooks when they are fishing with natural baits to reduce mortality of reef fish that are released after being caught by reducing the frequency of gut hooking.  At the request of the commercial yellowtail snapper industry, this federal requirement was removed for the commercial yellowtail snapper fishery in federal waters of the Gulf of Mexico south of 25°09’north latitude (just south of Cape Sable off mainland Monroe County). This exception was approved because of the unique and readily distinguishable practices of this commercial fishery, which operates in the Florida Keys south of Cape Sable.  Commercial fishermen indicated that yellowtail snapper are gut-hooked more often on small circle hooks then on the small J-hooks used in the Atlantic, where fishermen can legally use circle hooks. Also, the release tools they use allow for quick release of fish caught on J-hooks, but seem to be less efficient when used to release fish caught on circle hooks.  Thus, removing the requirement that commercial fishermen use circle hooks for yellowtail snapper harvest is intended to increase efficiency and potentially decrease release mortality of yellowtail snapper.  At its June 2016 meeting, the Florida Fish and Wildlife Conservation Commission approved regulations that exempt commercial harvesters in the Gulf of Mexico south of 25°09’north latitude from the requirement to use stainless steel circle hooks when fishing for yellowtail snapper on hook-and-line gear with natural baits. The purpose of these rules is to achieve consistency between the Commission’s commercial yellowtail snapper regulations and regulations in federal waters of the Gulf of Mexico. 

The effect of the rule amendment is that state and federal regulations can be applied more consistently to commercial fishing activity for yellowtail snapper in the Gulf of Mexico. Additionally, commercial yellowtail snapper gear regulations can be applied more consistency across Gulf of Mexico and Atlantic waters off Florida, since circle hooks are not required to be used when harvesting yellowtail snapper or other reef fish in Atlantic waters south of 28°00’ north latitude. Allowing use of J-hooks in the commercial fishery instead of circle hooks could improve survival rates of released yellowtail snapper and increase efficiency of the commercial fishery.  

68B-14.005 (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.) would be amended to to exempt commercial harvesters in the Gulf of Mexico south of 25°09’north latitude from the requirement to use stainless steel circle hooks when fishing for yellowtail snapper on hook-and-line gear with natural baits.

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:

2/22/2017 Vol. 43/36

COMMENTS:

From 2/22/2017 To 3/15/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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