Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation
FISH AND WILDLIFE CONSERVATION COMMISSION
RULE NO.:RULE TITLE:
68B-14.005Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 13, January 20, 2023 issue of the Florida Administrative Register.
Proposed amendment to Rule 68B-14.005 has been changed to include the following:
68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation.
(1) through (2) No change.
(3) Descending device or venting tool. While harvesting or attempting to harvest, including catch and release, in or from Florida waters any snappers, groupers, jacks, tilefish, including the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, persons on board a vessel must be able to access a venting tool or a descending device that is rigged and ready to use. When releasing a fish that is exhibiting signs of barotrauma a harvester must use a venting tool to release gases from the swim bladder of the fish or a descending device to quickly return the fish to depth. The descending device or venting tool must be properly assembled and ready for use prior to harvest or attempting to harvest. The descending device must not be stowed and all tools shall be easily within reach to quickly release a fish that is exhibiting signs of barotrauma.
(a) The descending device must be properly attached to a minimum of 16-ounce (454-gram) weight and a minimum of a 60 foot (15.2-m) length of line.
(b) The descending device may either attach to a fish’s mouth or be a container that will retain a fish while it is lowered to depth. The device must be capable of releasing a fish automatically, by actions of the operator or the device, or by allowing a fish to escape on its own when at depth.
(4) Required gear in the Gulf reef fish fishery. For a person on board a vessel harvesting or attempting to harvest, including catch and release, any snapper, grouper, jacks, tilefish including the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, the vessel must possess on board and such person must use the gear specified in paragraphs (a) and (b).
(a) through (b) No change.
(5) Required gear in the Atlantic Ocean reef fish fishery. For a person on board a vessel harvesting or attempting to harvest, including catch and release, any snapper, grouper, jacks, tilefish including the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, 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(a)(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(a)(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.
(6)Violation. Possession of any of the species specified in subsection 68B-14.001(2), F.A.C., beyond the bycatch allowance in paragraph (2)(a), aboard a vessel fishing in state waters, while also in possession of unauthorized gear, constitutes a violation of subsections (1) and (2).
(7) Allowed and Prohibited Gear and Method of Harvest for Goliath Grouper –
(a) Allowed Gear for Goliath Grouper. A person may harvest or attempt to harvest a goliath grouper from Florida Waters only by or with the use of hook and line gear.
(b) Required gear for goliath grouper. For a person onboard a vessel in or on Florida Waters harvesting goliath grouper, the vessel must possess onboard and such person must use the gear specified in subparagraphs 1 – 3.
1. 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.
2. Dehooking devices. At least one dehooking device is required and must be used to remove hooks embedded in goliath grouper 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 used for goliath grouper.
3. Descending device or venting tool.
(c) Prohibited Gear and Methods of Harvest for Goliath Grouper. A person may not harvest or attempt to harvest a goliath grouper with gear or methods that are not expressly permitted in paragraph (7)(a).
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, 7-1-22, 4-1-23.
