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Spearfishing Gear in Gray's Reef NMS

Introduction

Spearfishing is an activity which involves using spearguns, including such devices known as Hawaiian slings, pole spears, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar device designed to harvest fish. Powerheads are attachments to spearfishing gear that allow the use of ammunition cartridges to harvest fish.

Although the use of powerheads is prohibited at Grayís Reef, powerhead spear tips and spent shells found in the sanctuary indicate that this gear has been used since the ban went into place. Powerheads are so closely associated with spearguns that it is difficult to determine from a distance whether a speargun has a powerhead. Because the powerhead may be removed without detection upon approach by enforcement, there may be difficulties proving that a speargun with a powerhead was in the sanctuary. In addition, proof of powerhead use is not self-evident from the fish itself, which may require forensic testing to definitively determine the method of injury or harvest for evidentiary purposes. Law enforcement officials have expressed the need to prohibit the use of all spearguns in order to effectively ban powerheads in the sanctuary.

Spearfishing is a highly efficient harvesting method that selectively targets larger fish relative to other fishing gears and can significantly alter abundance and size structure of targeted species toward fewer and smaller fish. Some fish populations, such as red snapper, that are present within Grayís Reef NMS are regionally overfished, approaching overfished status and/or undergoing overfishing.

The Public Process

Spearfishing was considered for regulation during the 1981 designation of Grayís Reef, but only spearfishing with powerheads was prohibited at the time. A complete spearfishing prohibition was again considered during the review and revision of the Grayís Reef Management Plan beginning in 1999. NOAA proposed prohibition of all spearfishing activities in the 2003 Draft Environmental Impact Statement /Draft Management Plan (DEIS/DMP). However, after consideration of public comments on the DEIS/DMP. However, after consideration of public comments on the DEIS/DMP, NOAA concluded that additional socioeconomic information was needed and NOAA deferred any regulatory action on spearfishing. The additional socioeconomic information was collected, analyzed and incorporated into a draft Environmental Assessment (DEA). The draft Proposed Rule was published in the Federal Register on March 4, 2009. The proposed action outlined in the DEA and proposed regulation is to prohibit all spearfishing gear in the sanctuary.

Comments may be submitted until May 4, 2009, electronically to Regulations.gov (search for docket # NOAAñNOSñ2009ñ0002), or by mail to Grayís Reef National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411, Attn: Dr. George Sedberry, Superintendent.

For questions or more information, contact Resource Protection Coordinator, Becky Shortland or phone at (912) 598-2381.

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