The Florida Fish and Wildlife Conservation Commission is modifying gear requirements for those fishing for reef fish from a vessel. Specifically, this rule would require the possession of a descending device or venting tool ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-14.002Definitions

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

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission is modifying gear requirements for those fishing for reef fish from a vessel. Specifically, this rule would require the possession of a descending device or venting tool on board a vessel when harvesting or attempting to harvest (including catch and release) reef fish, and to require the use of such device/tool if releasing a reef fish that suffers from barotrauma. Release mortality is a top fisheries management challenge, and tools such as descending devices or venting tools can help fish recover from the effects of barotrauma, a pressure-related injury. To reduce release mortality, similar gear requirements have been adopted in adjacent federal waters.

The purpose of these rule changes is to help improve survival of released reef fish, promote best fishing practices, and increase compliance with existing regulations in federal waters.

The effect of the rule amendments is to require the possession and appropriate use of descending devices or venting tools when fishing for reef fish from a vessel in Florida state waters.

The purpose of these rule changes is to help improve survival of released reef fish, promote best fishing practices, and increase compliance with existing regulations in federal waters.

The effect of the rule amendments is to require the possession and appropriate use of descending devices or venting tools when fishing for reef fish from a vessel in Florida state waters.

SUMMARY: These rule amendments modify gear requirements for commercial and recreational fishermen fishing for reef fish in state waters. Similar gear regulations when fishing for reef fish exist in adjacent Gulf and South Atlantic federal waters.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting February 21-22, 2023, 8:30 a.m. – 5:00 p.m. each day

PLACE: Marriott Jacksonville, 4670 Salisbury Road, Jacksonville, Florida, 32256

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-14.002 Definitions.

For purposes of this chapter, except where the context clearly requires otherwise:

(1) through (2) No change.

(3) “Barotrauma” means a pressure related injury (signs include protruding stomach, bulging eyes, bloated belly, distended intestines) that fish can experience when brought up from depth.

(4) “Descending device” means an instrument capable of releasing a fish at a depth sufficent for the fish to be able to recover from the effects of barotrauma.

(5)(3) “Goliath grouper” means any fish of the species Epinephelus itajara, or any part thereof.

(6)(4) “Gulf of Mexico” means that body of water north and west of the line described in the definition of “Atlantic Ocean” contained in subsection (1) of this rule.

(7)(5) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale or with intent to sell or in excess of established bag limits.

(8)(6) “Headboat” means a vessel that holds a valid Certificate of Inspection issued from the U.S. Coast Guard to carry passengers for hire when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew.

(9) “Venting tool” means a device designed to penetrate the swim bladder of a fish to release the excess gases accumulated in the body cavity when a fish is retrieved from depth.

(a) A venting tool is a sharpened, hollow instrument that allows air to escape. A 16-gauge needle, which has an outside diameter of 0.065 inches (1.65 mm), is the minimum diameter hollow tube allowable. A larger diameter hollow needle is preferred to allow air to escape more rapidly from the fish’s swim bladder.

(b) A device that is not hollow, such as a knife or an ice pick, is not a venting tool and may not be used as it would cause additional damage to a fish. 

PROPOSED EFFECTIVE DATE: April 1, 2023

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-1-94, 1-1-98, 12-31-98, Formerly 46-14.002, Amended 1-1-00, 1-1-03, 7-1-06, 8-26-14, 4-1-20, 4-1-23.

 

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., 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)(3) Required gear in the Gulf reef fish fishery. Beginning June 1, 2008, Ffor a person on board a vessel harvesting or attempting to harvest, including catch and release, any snapper, grouper, jacks, tilefish including 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) through (b) No change.

(5)(4) 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 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(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)(5) 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)(6) 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. and 2. – 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)(6)(a).

PROPOSED EFFECTIVE DATE: April 1, 2023

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.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 01, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/31/22