Magic, I am not sure where your info came from but it wasn't William (Bill) Daughdrill of the Gulf of Mexico Council, a fellow Panama City resident. I called him this morning 850-814-5468 and he has not had any correspondence on this issue
ever,
he was very certain.
He further advised me that he wasn't aware of any management plan for slipper lobster even under the spiny lobster FMP. He then stated that I should call Rick Leard Deputy Executive Director of the Gulf Council as he was the one most who would have a definitive answer for the Council's jurisdiction. I called Rick and decided for clarities sake we should exchange info via email so a written record would exist of the conversation I also included aftershock1's original question (can slippers be strung) a swell as your correspondence from someone claiming to be Daughdrill. Here is my email and his response:
from Capt Pat Green <patrickmgreen@gmail.com>
to
rick.leard@gulfcouncil.org,
date Wed, Mar 19, 2008 at 9:49 AM
subject Slipper lobster
mailed-by gmail.com
show details 9:49 AM (5 hours ago)
In a recent thread on
www.scubaboard.com a member asked "... do you know if it's illegal to pierce the shovelnose with your stringer? Usually we stuff them in our BC because we're unsure if they're protected." This question has in turn set of a spirited debate. William Daughdrill was asked a slightly different version of this question (can you spear them), in which he concluded spears were not an allowed gear type under the lobster FMP and therefore in Florida it is illegal to spear them. What I would like clarification on is where exactly does this rule have jurisdiction (as in this rule only applies 9 nautical miles and further from shore in Florida, right?) That would mean the state must have a separate rule that applies to its waters? Also I feel that there is some confusion in that debate on the difference between the federal regs reference to allowable gear types versus the state of Florida's rules for spearing. In Florida "spearing" is taken to mean anything other than a hook that "pierces" the salt water product in question. To that end animals afforded the
no spearing protection are not allowed to be gaffed as it pierces them. So my second question is under the federal rules for slipper lobster is it legal to capture them by hand and then place them on a metal stringer once captured by hand?
Additionally he has quoted Bill Daughdrill with the below, As per my conversation with him (Bill) this morning he has not had any such contact on this issue with anyone. I can't find an email for him listed, if you have one would you mind forwarding this little bit to him for me? The whole thread is located here if you get bored and care to read two guys who think they know everything having it out with each other.
.....Daughdrill's alleged correspondence....
from Richard Leard <rick.leard@gulfcouncil.org>
to Capt Pat Green <patrickmgreen@gmail.com>,
date Wed, Mar 19, 2008 at 12:02 PM
subject RE: Slipper lobster
mailed-by gulfcouncil.org
hide details 12:02 PM (3 hours ago)
Reply
Pat,
As I mentioned, slipper lobster are listed in the Spiny Lobster FMP
for data collection only. They
are not in the management unit, and
there are no federal regulations regarding their harvest. Consequently, they are not governed by the allowable gear under 50 CFR 600.725 for the Spiny Lobster FMP (only spiny lobster), and regulations of the state of Florida would apply to Floridians fishing in federal waters off Florida.
The only state regulations that I found were some closed areas and the prohibition on taking egg bearing females. Additionally, I can't believe that the alleged quote below came from Bill. Particularly, the statement 'Federal regulations will apply in all state waters where species listed in the FMPs are "in the management unit"'
is not true, and I think that Bill would know that. In fact as noted above, the near opposite is true. When there are no federal regulations in the EEZ, the states may impose there regulations on fishermen fishing in the EEZ, e.g., grunts, porgies, permit, pompano, etc. I hope this clears up the confusion. If you have other questions, please feel free to call on me.
Rick
(Rick's number is 813-348-1630 x228)
So, um where are you getting your data? Again the issue of Jurisdiction has come up and like I said it is what Florida has to say that matters not the gulf council.
Here is the staff contact page for the Gulf Council and
here is the contact page for all voting members, if anyone is as clear as mud at this point.
The full text of the spiny lobster FMP is
here and
nowhere does it say slippers cannot be speared.
It does say spinys are not to be speared as we have all agreed, however it does not extent this to slippers which are defined separately in the definitions and therefore considered separate in the written regs.