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 ...

 

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: 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.

Rule 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.

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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [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 (2) No change.

(3) Required gear in the Gulf reef fish fishery. Beginning June 1, 2008, 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), and (b) and (c).

(a) No change.

(b) No change.

(c) Venting tool. At least one venting tool is required and must be used to deflate the swimbladders of Gulf reef fish to release the fish with minimum damage. This tool must be a sharpened, hollow instrument, such as a hypodermic syringe with the plunger removed, or a 16-gauge needle fixed to a hollow wooden dowel. A tool such as a knife or an ice-pick may not be used. The venting tool must be inserted into the fish at a 45-degree angle approximately 1 to 2 inches (2.54 to 5.08 centimeters) from the base of the pectoral fin. The tool must be inserted just deep enough to release the gases, so that the fish may be released with minimum damage.

(4) through (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,_________.