Commercial Black Sea Bass Pot Fishing. A Fishermen s Guide to Federal Regulations

Transcription

1 Commercial Black Sea Bass Pot Fishing A Fishermen s Guide to Federal Regulations S O U T H A T L A N T I C F I S H E R Y M A N A G E M E N T C O U N C I L

2 How To Use This Guide: This guide is designed to provide a synopsis of federal regulations for the commercial black sea bass pot fishery in the South Atlantic. The guide provides information on current and proposed regulations for the construction of pots, allowable gear configuration, marking requirements, and restricted areas. Regulations are in place in this fishery to prevent a derby fishery, reduce bycatch of undersized black sea bass, reduce the effects of ghost fishing, and reduce interactions with large whales. This booklet lists federal regulations applicable to the black sea bass pot fishery as of January 1, The federal regulations described in this booklet are for the black sea bass pot fishery in the South Atlantic Exclusive Ecomomic Zone between N (due east of Cape Hatteras Light, NC) and N (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL). Regulations for black sea bass pot fishing in the Mid-Atlantic region will differ. Proposed federal regulations are in italics. Each state may have additional regulations. This is an unofficial summary of the federal regulations prepared for the information and convenience of interested persons. This summary has no legal force or effect. For official regulations, please refer to the Consolidated Federal Code of Regulations for: Atlantic Large Whale Take Reduction Plan - 50 CFR Part 229 Snapper Grouper Fishery Management Plan - 50 CFR Part 622 Have Questions or Need More Information? In the South Atlantic region, fishermen with questions regarding regulations for the black sea bass pot fishery should contact South Atlantic Fishery Management Council (866-SAFMC-10 or or safmc.net) National Marine Fisheries Service ( ) In the Mid-Atlantic region, fishermen with questions regarding federal regulations for the black sea bass post fishery should contact Mid-Atlantic Fishery Management Council ( ) See Official Regulations: Code of Federal Regulations for Protection of Large Whales: Code of Federal Regulations for Snapper Grouper Regulations: gn=div5#sp i Cover Photos: Left: Black Sea Bass pots, Photo/NC Sea Grant Right: Black Sea Bass, Photo/Gray s Reef National Marine Sanctuary/Greg McFall A publication of the South Atlantic Fishery Management Council pursuant to National Oceanic and Atmospheric Administration (NOAA) award number NA05NMF This document includes an unofficial summary of federal regulations and coordinates.

3 Table of Contents General Regulations Pot/Trap Specifications - mesh size, escape panel, and vent Line and Buoy Specifications - line, weaklinks, buoys, and buoy line markings Maps of Pot Managed Zones & Line Marking Colors Official Number and Color Code Requirements Prohibited Fishing Areas - Current Seasonal Prohibited Fishing Areas - effective December 29, 2016

4 3 General Regulations & Pot/Trap Specifications General Regulations for Black Sea Bass & Snapper Grouper Fishing in Federal Waters Permit Requirements Only commercial vessels with a black sea bass pot endorsement and a South Atlantic Unlimited Snapper-Grouper Permit can harvest black sea bass using pots and both permits must be onboard. Recordkeeping The owner or operator of a vessel must maintain a fishing record on a form provided by the NOAA Fisheries Science Research Director and must submit such record as specified. Landing Condition Requirements All fish must be landed with heads and fin intact. Commercial Fishing Year Fishing year is January 1 through December 31 each year. The fishery remains open until the commercial annual catch limit (ACL) is met or projected to be met (unless pot fishery is closed due to annual prohibition). The commercial ACL applies to both pot gear and hook-and-line gear. Size Limit - Commercial The minimum size limit for commercially caught black sea bass is 11-inches. Trip Limit - Commercial Hook-and-line component: January - April = 300 pounds gutted weight (354 pounds whole weight) May - December = 1,000 pounds gutted weight (1,180 pounds whole weight) Pot fishery component: May - October = 1,000 pounds gutted weight (1,180 pounds whole weight) November - April = Seasonal prohibition on pot fishing in some areas. See pages 11 and 12 for maps and coordinates. Additional Requirements - Protected Species Commercial snapper grouper vessels must have a dehooking device onboard, a copy of the guide Careful Release Protocols for Sea Turtle Release with Minimal Injury, NMFS approved sea turtle release gear, and follow smalltooth sawfish release protocol. For more information, see the Handling and Release Protocol from NOAA Fisheries or call Selling Requirements Black sea bass may be sold or transferred only to a dealer who has a valid federal Gulf and South Atlantic dealer permit.

5 S O U T H A T L A N T I C F I S H E R Y M A N A G E M E N T C O U N C I L Pot/Trap Specifications Black sea bass pots must be less than 25 inches in height, width, and depth. All black sea bass pots must have attached a valid identification tag issued by NMFS. Only 35 pots are allowed per vessel and pots must be removed from the water at the conclusion of each trip. Pots may remain on the vessel at the conclusion of each trip during the pot season and thereafter until the commercial Annual Catch Limit is met or is projected to be met. Use of black sea bass pots in the South Atlantic is allowed only from: N. latitude (due east of Cape Hatteras Light, NC)1 through N. latitude(due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL)2. 1 North of this latitude, federal regulations for the Mid-Atlantic region apply. 2 Pots cannot be used South of this latitude. Note: Proposed federal regulations are in italics. Mesh Size Main Body Chicken wire mesh at least 11/2 inches between wrapped sides, square mesh at least 11/2 inches, or rectangular mesh of at least 1 inch by 2 inches. Back Panel (the side of the pot opposite the side with pot entrance) - Mesh that is at least 2 inches between bar sides. Escape Panel and Vent Must have the following: escape panel or door (excluding top and bottom), equal to or larger than trap s throat interior with hinges or fasteners made of degradable material (specified material; see below), and an unobstructed escape vent opening on at least two opposite sides excluding top and bottom (11/8 by 53/4 inches for a rectangular vent, 13/4 by 13/4 inches for a square vent, or 2.0-inch diameter for a round vent. Degradable material includes: ungalvanized or uncoated iron wire not to exceed inches (19 gauge wire), or galvanic time-release mechanism with a letter grade designation (degradability index) no higher than J. 4

6 5 Line & Buoy Specifications Line & Buoy Specifications Weaklinks, Buoys, Buoy Line Markings Line No floating buoy line at the surface. Ground lines must be made of sinking line. Weaklinks All buoys must be attached to buoy line with a weak link (weak link breaking strength requirement varies by area fished and season; Table 1). Weak links must be chosen from the list of NMFS approved gear, which includes: off the shelf weak links, rope of appropriate breaking strength, hog rings, and other materials or devices approved in writing. Weak links must be designed in such a way that the bitter end of the buoy line is clean and free of any knots when the weak link breaks. Buoys All buoys must be marked with an official number and color code assigned by NMFS on each of the buoys. Color code assignment included with endorsement. The letters and numbers to mark gear must be at least 1 inch (2.5 cm) in height, block letters or Arabic numbers, in a color that contrasts with the color of the buoy. Buoy Line Markings Buoy lines must be marked with three 12-inch colored marks - one at the top, one midway, and one at the bottom of the buoy line with appropriate marking color based on area and season (Table 1). If the mark consists of two colors, each color mark may be 6-inches for a total mark of 12-inches. Each color code must be permanently affixed on or along the line and each color code must be clearly visible when the gear is hauled or removed from the water. New Line Marking Regulation: A rule for requiring an additional purple mark on the line will become effective January 30, Requirements include three additional 12-inch purple marks - one at the top, one midway, and one at the bottom of the buoy line. The additional markings are effective for the following seasons and areas: November 15 April 15 in the Southeast Restricted Area North; September 1 May 31 in the Offshore Trap/Pot Area; and September 1 May 31 in the Southern Nearshore Trap/Pot Waters Area. Line marking is not required outside of the seasons listed in Table 1. However, if a fishermen switches between areas, they must follow the markings for that area and season.

7 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 6 Areas, Colors, and Times: Table 1. Areas, Times, and Line Marking Colors for Black Sea Bass Trap/Pot Gear Marking Effective January 30, 2017, an additional 12-inch wide purple band must be added at the end of each 12- inch colored mark, making each of the three marks a total of 24 inches in length. The new gear marking requirements are required in the following areas and during the following dates: from September 1 through May 31 in the Atlantic Large Whale Take Reduction Plan (ALWTRP) Offshore Trap/Pot Waters Area and Southern Nearshore Trap/Pot Waters Area, and from November 15 through May 31 in the ALWTRP Southeast U.S. Restricted Area North. See the Purple Line Marking - Time/Area column in the table below. Area Line Marking Color Breaking Strength (lbs) Weak Link Vertical Line Time Purple Line Marking - Time/Area Southern nearshore trap/pot waters north of the Southeast Restricted Area North Southern nearshore trap/pot waters south of the Southeast Restricted Area North Southeast Restricted Area North - Florida state waters* Southeast Restricted Area North - South Carolina and Georgia state waters Southeast Restricted Area North - Federal waters* Offshore trap/pot waters north of 32 N Offshore trap/pot waters between 32 N and 29 N Offshore trap/pot watersbetween 29 N and N Orange <600 lbs NA Sept 1 May 31 Sept 1 - May 31 Orange <600 lbs NA Dec 1 Mar 31 Sept 1 - May 31 Blue & Orange Blue & Orange Green & Orange <200 lbs <1,500 lbs Nov 15- Apr 15 <600 lbs <2,200 lbs Nov 15- Apr 15 Purple line mark not required Purple line mark not required <600 lbs <2,200 lbs Nov 15- Apr 15 Nov 15 - May 31 Black < 1,500 lbs NA Sept 1 May 31 Sept 1 - May 31 Black < 1,500 lbs NA Nov 15 Apr 15 Sept 1 - May 31 Black < 1,500 lbs NA Dec 1 Mar 31 Sept 1 - May 31 *If fishing within the Southeast Restricted Area North from November 15 - April 15: Only one trap per buoy line (i.e., no trawls). The buoy line must be made of sinking line. The entire buoy line must be free of objects (e.g. weights, floats, etc.) except where it attaches to the buoy and trap/pot.

8 7 Maps of Pot Managed Zones & Line Marking Colors for black sea bass pot fishing Pot Managed Zones - North Carolina & South Carolina Pot managed zones established through the Atlantic Large Whale Take Reduction Plan for areas off North Carolina and South Carolina. Colors displayed in the legend are the line marking requirements for trap fisheries. Note: A rule for requiring an additional purple mark on the line becomes effective January 30, See page 6, Table 1 for a list of areas and seasons when this requirement is in effect. The Southeast U.S. Restricted Area consists of the area bounded by straight lines connecting the following points in the order stated from south to north: Point North Latitude West Longitude SERA SERA SERA SERA SERA SERA8 South Carolina shoreline

9 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 8 Pot Managed Zones - Georgia & Florida Pot managed zones established through the Atlantic Large Whale Take Reduction Plan for areas off Georgia and Florida. Colors displayed in the legend are the line marking requirements for trap fisheries. Note: A rule for requiring an additional purple mark on the line becomes effective January 30, See page 6, Table 1 for a list of areas and seasons when this requirement is in effect. The Southeast U.S. Restricted Area consists of the area bounded by straight lines connecting the following points in the order stated from south to north: Point North Latitude West Longitude SERA Florida Shoreline SERA SERA

10 9 Official Number/Color Code Requirements & Current Prohibited Fishing Areas Official Number and Color Code Requirements Applies to vessel numbering and buoys. Color code and buoy marking are assigned by the NMFS Regional Administrator at the time of endorsement renewal. For Vessels 25-feet (7.6-meters) or less Display Location: Official number and color code must be displayed on the port and starboard sides of the deckhouse or hull so as to be clearly visible from an enforcement vessel or aircraft. Official Number Display: Official number must be in block arabic numerals in contrasting color to the background and number and color code must be permanently affixed to or painted on the vessel. Color Code Display: Color code must be in the form of a circle and match buoy color code, which is requested when permit is applied for or renewed. Display Size of Official Number and Color Code: Both the official number and color code must be at least 3 inches (7.6 cm) in height. For Vessels > 25-feet (7.6-meters) Display Location: Official number and color code must be displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. Official Number Display: Official number must be in block arabic numerals in contrasting color to the background and number and color code must be permanently affixed to or painted on the vessel. Color Code Display: Color code must be in the form of a circle and match buoy color code, which is requested when permit is applied for or renewed. Display Size of Official Number and Color Code: Both the official number and color code must be at least 10 inches (25.4 cm) in height. For Vessels > 65-feet (19.8-meters) Display Location: Official number and color code must be displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. Official Number Display: Official number must be in block arabic numerals in contrasting color to the background and number and color code must be permanently affixed to or painted on the vessel. Color Code Display: Color code must be in the form of a circle and match buoy color code, which is requested when permit is applied for or renewed. Display Size of Official Number and Color Code: Both the official number and color code must be at least 18 inches (45.7 cm) in height.

11 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 10 Prohibited Fishing Areas - Current Areas shown in red below are areas managed by the SAFMC and are closed to black sea bass pot fishing. Fishing with black sea bass pots is not allowed in, Special Management Zones (SMZs), Deepwater Marine Protected Areas (MPAs), Coral Habitat Areas of Particular Concern (HAPCs), and the Oculina Bank. Note: The South Atlantic region is currently closed to black sea bass pot fishing from November 1 through April 30. NOTE: Regulations for Spawning SMZs are under review and pot fishing will not be allowed in the Spawning SMZs after the rule becomes effective.

12 11 Seasonal Prohibited Fishing Areas - effective December 29, 2016 Seasonal Prohibited Fishing Area - effective December 29, 2016 Regulatory Amendment 16 to the Snapper Grouper Fishery Management Plan recommended modifications to the black sea bass pot seasonal closure. The proposal recommends specific areas where the use of black sea bass pots would be prohibited seasonally to prevent interactions with North Atlantic Right Whales. The exact area for the closure changes based on time of year: during November and April pots are prohibited in a smaller closed area than during December 1 through March 31. See below for coordinates and maps of proposed closed areas. CLOSED AREA: November 1-30 & April 1-30 Coordinates for Closed Area: November 1-30 & April 1-30 Waypoint North Latitude State ' 75 09' ' 75 22' ' 75 39' ' 75 47' ' 75 46' ' 76 04' ' 76 22' ' 76 18' West Longitude ' 76 27' ' 76 51' ' 77 19' ' 77 38' ' 77 27' ' 77 40' ' 77 41' ' 77 53' ' 78 26' ' 78 31' ' 78 40' ' 78 43' ' 78 57' ' 79 04' ' 79 13' ' 79 23' ' 79 25' ' 79 37' ' 80 09' ' 80 33' ' 80 49' ' 81 01' ' 81 01' ' 80 58' ' 80 52' ' State

13 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 12 Seasonal Prohibited Fishing Area - effective December 29, 2016 Coordinates for Closed Area: December 1 - March 31 Waypoint North Latitude ' State ' 75 08' ' 75 41' ' 75 50' ' 76 05' ' 76 18' ' 76 13' ' 77 00' ' 77 30' West Longitude ' 77 21' ' 77 41' ' 77 56' ' 78 20' ' 78 22' ' 78 38' ' 79 01' ' 79 18' ' 79 22' ' 79 37' ' 79 48' ' 80 27' ' 80 47' ' 81 01' ' 80 39' ' 80 44' ' 80 22' ' 80 18' ' State CLOSED AREA: December 1 - March 31

14 State Agency Contacts about SAFMC The South Atlantic Fishery Management Council (SAFMC), headquartered in Charleston, South Carolina, is one of eight regional fishery management councils in the United States. The South Atlantic Council is responsible for the conservation and management of fish stocks within the federal 200-mile limit off the coasts of North Carolina, South Carolina, Georgia, and East Florida to Key West. For additional information regarding the South Atlantic Council, and fishing regulations for species managed by the Council: 866/SAFMC Faber Place Drive, N. Charleston, SC, National Marine Fisheries Service Southeast Regional Office sero.nmfs.noaa.gov Information: NOAA Fisheries Enforcement Hotline 1/ hours a day, 7 days a week Anywhere in the U.S.A. N.C. Division of Marine Fisheries Information: 252/ Report state fishing violations: 1-800/ (NC only) S.C. DNR Marine Resources Division Information: 843/ Report violations: 1-800/ GA DNR Wildlife Resources Division Information: 912/ Report violations: 1-800/ Florida Fish and Wildlife Conservation Commission Information: 850/ Wildlife Alert Reward Program 1-888/404-FWCC (3922) Cell Phone: *FWC or #FWC