Fla. Admin. Code R. 68B-14.005

Current through Reg. 50, No. 222; November 13, 2024

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

(1) Allowable gear. Except as provided in subsection (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in subsection 68B-14.001(2), F.A.C.:

(a) Hook and line gear.

(b) A black sea bass trap must have a valid identification tag issued by the National Marine Fisheries Service attached when fished in the Atlantic Ocean. Traps shall only be used north of Latitude 27° North in the Gulf of Mexico and north of Latitude 28°35.1' North in the Atlantic Ocean (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL). Each such trap shall comply with the following:

1. Each trap in the Atlantic Ocean shall comply with the definition of sea bass pots in 50 C.F.R. §622.2 (as of January 22, 2013).

2. Each trap in the Gulf of Mexico shall comply with the following specifications:

(1) The outer dimensions must not exceed 2 feet in height, 2 feet in width, and 2 feet in depth or a volume of 8 cubic feet. The throat or entrance must not exceed 5 inches in height and 2 inches in width at its narrowest point.

3. A biodegradable panel shall be part of each trap used to take black sea bass. Each trap in the Atlantic Ocean shall comply with the degradable panel and mesh size requirements for black sea bass pots defined in 50 C.F.R. §622.40 (as of January 22, 2013). A black sea bass trap in the Gulf of Mexico shall be considered to have a "biodegradable panel" or a "degradable panel" if one of the following methods is used in construction of the trap:

a. The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.

b. The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.

c. The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.

d. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.

e. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed. "Untreated pine" means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

f. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.

g. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.

4. Escape vents. All black sea bass traps shall have an unobstructed escape vent opening on at least two opposite vertical sides, excluding top and bottom, that complies with one of the following minimum sizes:

a. A rectangular vent, 1.125 inches (2.9 cm) by 5.75 inches (14.6 cm).

b. A circular vent, 2 inches (5.1 cm) in diameter.

c. A square vent with sides of 1.75 inches (4.4 cm) measured inside the square.

5. Trap marking requirements.

a. Each black sea bass trap used for harvesting black sea bass shall have the trap owner's saltwater products license number permanently attached. Each buoy attached to such trap shall have the letter "B" and the owner's saltwater products license number affixed to it in legible figures at least 1.5 inches high.

b. Each black sea bass trap in the water or onboard a vessel in the Atlantic Ocean must have a valid identification tag issued by National Marine Fisheries Service attached pursuant to 50 C.F.R. §622.40(d)(1)(i)(D) (as of January 22, 2013).

c. A buoy or time-release buoy shall be attached to each black sea bass trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be either white in color or the same color as the owner's blue crab or stone crab buoy colors. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a black sea bass trap or attached to a trotline shall float on the surface of the water.

d. From November 15 through April 15, buoy lines attached to black sea bass traps fished or possessed in or on state waters north of Latitude 29°00' North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. §622.189(g) (as of January 30, 2017). From December 1 to March 31, buoy lines attached to black sea bass traps fished or possessed in or on state waters south of Latitude 29°00' North to Latitude 28°35.1' North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. §622.189(g) (as of March 21, 2017).

6. Each black sea bass trap used in state waters shall have a back panel (the side of the trap opposite the entrance) with mesh that is at least 2 inches between sides of the meshes, based on centerline measurements between opposite, parallel wires or netting strands.

7. In the Atlantic Ocean, black sea bass traps shall be removed from the water at the conclusion of each trip.

8. Black sea bass traps used in state waters shall be removed from the water once the commercial quota is met and the season is closed.

(c) Spearing. This provision shall not be construed to allow the use of any powerhead, bangstick, or handheld device employing an explosive charge for the harvest in state waters of any snapper or grouper listed in Rule 68B-14.001, F.A.C.

(2) Incidental bycatch. No person shall harvest in or from state waters any of the species specified in subsection 68B-14.001(2), F.A.C., by or with the use of any gear other than those types of gear specified in subsection (1); provided, however, that such fish harvested as an incidental bycatch of other species lawfully harvested with other types of gear shall not be deemed to be unlawfully harvested in violation of this section, if:

(a) The quantity of such fish so harvested does not exceed the bag and possession limits established in Rule 68B-14.0036, F.A.C.; and,

(b) The harvesting of such fish would not violate any other provision of applicable law.

(3) Descending device or venting tool. While harvesting or attempting to harvest, including catch and release, in or from Florida waters 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, 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) 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) Dehooking devices. At least one dehooking device is required and must be used to remove hooks embedded in Gulf 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 Gulf reef fish fishery.

(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, 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).

Fla. Admin. Code Ann. R. 68B-14.005

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

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, Amended by Florida Register Volume 43, Number 055, March 21, 2017 effective 3/15/2017, Amended by Florida Register Volume 43, Number 109, June 6, 2017 effective 5/30/2017, Amended by Florida Register Volume 46, Number 229, November 24, 2020 effective 1/1/2021, Amended by Florida Register Volume 48, Number 076, April 19, 2022 effective 7/1/2022, Amended by Florida Register Volume 49, Number 065, April 4, 2023 effective 4/1/2023.