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 ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.005Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.

PURPOSE, EFFECT AND SUMMARY: 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° N. latitude and require the use of non-stainless-steel hooks south of 28° 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° 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.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 120.54(6), F.S.

WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.

(1) through (3) No change.

(4) Required gear in the Atlantic Ocean reef fish fishery. For a person on board a vessel harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., the vessel must possess on board and such person must use the gear specified in paragraphs (a) (b), and (c).

(a) Non-stainless-steel circle hooks north of 28° N. latitude. Non-stainless-steel circle hooks are required to be used on hook and line gear when fishing with natural baits in the Atlantic Ocean north of 28° N. latitude (consistent with the Federal Standard established in 50 C.F.R. §622.188(2) as of January 1, 2021). “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

(b) Non-stainless-steel hooks south of the 28° N. latitude. Non-stainless-steel hooks are required to be used on hook and line gear when fishing with natural baits in the Atlantic Ocean south of the 28° N. latitude (consistent with the Federal Standard established in 50 C.F.R. §622.188(3) as of January 1, 2021).

(c) Dehooking devices. At least one dehooking device is required and must be used as needed to remove hooks embedded in Atlantic reef fish with minimum damage. The dehooking device must be constructed to allow the hook to be secured and the barb shielded without re-engaging during the removal process. The dehooking device must be blunt, and all edges rounded. The device must be of a size appropriate to secure the range of hook sizes and styles used in the Atlantic reef fish fishery.

(5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 3-1-94, 10-4-95, 7-15-96, 1-1-98, 12-31-98, 6-1-99, Formerly 46-14.005, Amended 1-1-03, 3-1-05, 7-17-05, 7-1-07, 3-12-08, 4-1-08, 1-19-10, 6-10-13, 1-24-14, 3-15-17, 5-30-17, _1-1-21.