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 ...

 

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 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.

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).

(a) Non-stainless steel circle hooks. Non-stainless steel circle hooks are required to be used on hook and line gear when fishing with natural baits. “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.  Non-stainless steel J-hooks may be used instead of circle hooks when harvesting yellowtail snapper for commercial purposes with natural baits in the Gulf of Mexico south of Latitude 25°09’ North (consistent with the Federal Standard established in 50 C.F.R. § 622.30(a) as of March 13, 2017).

(b) No change.

(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, 1-24-14, 3-15-17.