68B-14.005: Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s Reef Fish Gear Rule to become consistent with federal reef fish gear regulations in the South Atlantic. NOAA Fisheries Service has published rules that include a requirement to use dehooking tools when releasing fish in federal South Atlantic waters. This provision went into effect July 29, 2009 and was designed to lower discard mortality of snapper-grouper species. Dehooking tools are widely used by commercial and recreational fishers and are a proven way of reducing handling and associated mortality of fish that are returned to the water. The Commission is considering changes to state regulations that would require a dehooking tool to be aboard commercial and recreational vessels and to be used as needed when releasing reef fish in the Atlantic Ocean.
The following rule amendment would change state regulations to be consistent with federal regulations: require a dehooking tool to be aboard commercial and recreational vessels and to be used as needed to remove hooks from fish in the Atlantic Ocean when fishing for reef fish.
The effect of this rule amendment is that federal and state regulations regarding reef fish gear would be applied more consistently to all reef fish fishing activity in the Atlantic Ocean. The overall effect is to more consistently apply regulations to minimize confusion for the public and aid in enforcement of both state and federal fishery regulations. By adopting these regulations the State of Florida will also be taking steps to reduce discard mortality of reef fish which should help to ensure a larger sustainable harvest for the future.
SUMMARY: 68B-14.005, F.A.C. (Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation) would be amended to require a dehooking tool to be aboard commercial and recreational vessels and to be used as needed when releasing reef fish in the Atlantic Ocean.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not _X__have an impact on small business. A SERC has ____ or has not _X__been prepared by the agency.
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.
SPECIFIC 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:
DATE AND TIME: During the regular meeting of the Commission, December 9-10, 2009, 8:30 a.m. – 5:00 p.m., each day.
PLACE: John Boy Auditorium, 1200 South W.C. Owen Avenue, Clewiston, FL 33440
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 (850)488-6411. 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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
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), (b), and (c) subparagraphs 1., 2., and 3.
(a) through (c) 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 paragraph (a).
(a) 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)(4) 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).
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific 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,_______.
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 FAW.