reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-23 - SPANISH MACKEREL › Section 68B-23.005 - Open and Closed Seasons for the Harvest of Spanish Mackerel

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Open Season - The season for
				recreational harvest of Spanish mackerel is open throughout the year.
(2) Commercial Open and Closed Seasons -
(a) East Coast Region - Commercial harvest of
				Spanish mackerel in the East Coast Region is open beginning March 1 each year
				and continuing through the last day of February of the following year, subject
				to the specified East Coast Region commercial vessel limits established in rule
				68B-23.004, F.A.C.
(b) West Coast Region - Commercial harvest of
				Spanish mackerel in the West Coast Region is open beginning April 1 each year
				and continuing through March 31 of the following year, subject to any West
				Coast Region commercial vessel limits established in rule
				68B-23.004,
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-23 - SPANISH MACKEREL › Section 68B-23.006 - Allowable Gear; Prohibited Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				person may harvest or attempt to harvest Spanish mackerel from Florida Waters
				only by or with the use of a beach or haul seine, a cast net, hook and line
				gear, or by spearing.
(2) A person
				may not harvest or attempt to harvest Spanish mackerel from Florida Waters with
				gear not expressly permitted in subsection (1).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-30-86, Amended 10-1-88, Formerly 46-23.006, Amended
					 6-1-99, 10-12-15, 9-5-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-23 - SPANISH MACKEREL › Section 68B-23.011 - Other Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission shall issue a permit pursuant to rule
				68B-2.010, F.A.C., to authorize
				Spanish mackerel caught in an organized tournament to be donated to a licensed
				wholesale dealer.
(2) The operator
				of a vessel in Florida Waters is responsible for ensuring that the persons
				aboard the vessel comply with the applicable provisions of this chapter. If a
				person aboard a vessel in or on Florida Waters violates a provision of chapter
				68B-23, F.A.C., the operator of the vessel is also in violation of that
				provision.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-5-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) The primary purpose
				and intent of this chapter are to protect and conserve Florida's spiny lobster
				resources, assure the continuing health and abundance of those resources, and
				to provide for optimum sustained benefits and use from the resources for all
				the people of the state.
(2) It is
				the intent of this chapter to repeal and replace Chapter 29299, Special Acts of
				Florida, 1953, a special act relating to gear authorized to be used in the
				waters of Monroe County.
(3) It is
				also the intent of this chapter to prohibit the molestation of any eggbearing
				lobster.
(4) Spiny lobster is
				designated as a restricted species pursuant to Section
				379.101(32),
				F.S.
(5) It is the goal of the
				Commission to substantially reduce the mortality of undersize spiny lobster in
				the fishery, by reducing the number of traps used in the fishery to the lowest
				number which will maintain or increase overall catch levels, promote economic
				efficiency in the fishery, and conserve natural resources.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter
					 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of
					 Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla.
New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95,
					 Formerly 46-24.001, Amended 7-1-08.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.0035 - Special Recreational Crawfish License

Current through Reg. 50, No. 138; July 16, 2024
(1) A special recreational crawfish license
				is required to harvest spiny lobster from state waters in excess of the bag
				limit established for recreational harvesters in subsection (1), of Rule
				68B-24.004, F.A.C., but not in
				excess of the special bag limit established in subsection (3), of that
				rule.
(2) A special recreational
				crawfish license will be issued and renewed pursuant to the following criteria:
(a) Each person applying for a license shall
				submit a completed form (Form DMF-SL2400 (3-05), incorporated herein by
				reference) provided by the Commission, together with the fee required by
				Section 379.355, F.S.
(b) No license will be issued to a person who
				did not possess a crawfish trap number (crawfish endorsement) and a saltwater
				products license during the 1993-1994 license year.
(c) A license will not be issued to a person
				who has a crawfish endorsement at the time of application.
(d) A special recreational crawfish license
				is not valid unless the holder also possesses a valid recreational crawfish
				permit required by Section
				379.354(8)(d),
				F.S.
(e) Each applicant must agree
				to file quarterly reports with the Commission detailing the amount of spiny
				lobster harvested by the licenseholder in the previous quarter together with
				the amount harvested by other recreational harvesters aboard the
				licenseholder's vessel. The Commission will not renew the special recreational
				crawfish license of any licenseholder who has not complied with this reporting
				requirement.
(f) Each license
				issued must be renewed by June 30 of that license year for the following
				license year. Licenses that are not so renewed shall expire, and may be
				reissued by the Commission to new applicants otherwise qualified under this
				rule. A special recreational crawfish license is not transferable.
(g) The number of licenses issued in any
				license year shall not exceed the number issued for the 1994-1995 license year
				(520 licenses). Beginning with the 2012-2013 license year and every year
				thereafter, no special recreational crawfish license will be issued or renewed
				by the Commission.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.004 - Bag Limit

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided
				in subsections (2), (3), and (4), the harvest from state waters, or possession
				while on or below such water, of more than 6 spiny lobster per recreational
				harvester per day, is prohibited.
(2)
(a)
				Except in Monroe County and in Biscayne National Park, during the first day of
				the two-day sport season specified in Rule
				68B-24.005, F.A.C., no
				recreational harvester shall harvest more than 12 spiny lobster, or possess
				more than 12 spiny lobster, whether on or off the waters of the state. During
				the second day of the two-day sport season, no recreational harvester shall
				harvest or possess while in or on state waters more than 12 spiny lobster, or
				possess more than 24 spiny lobster once such harvester has landed and departed
				the state waters.
(b) In Monroe
				County and in Biscayne National Park, during the first day of the two-day sport
				season specified in Rule
				68B-24.005, F.A.C., no
				recreational harvester shall harvest more than 6 spiny lobster, or possess more
				than 6 spiny lobster, whether on or off the waters of the state. During the
				second day of the two-day sport season, no recreational harvester shall harvest
				or possess while in or on the waters of Monroe County or Biscayne National Park
				more than 6 spiny lobster, or possess more than 12 spiny lobster in said county
				or in said park once such harvester has landed and departed those waters.
				Pursuant to Rule 68B-24.0065, F.A.C., John
				Pennekamp Coral Reef State Park in Monroe County is closed to spiny lobster
				harvest during the two-day sport season.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.0045 - Importation of Spiny Lobster; Documentation and Other Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Documentation Requirements During Open
				Season - During the open season specified in subsection
				68B-24.005(1),
				F.A.C., a person may possess wrung spiny lobster tails or possess spiny lobster
				in excess of the bag limit specified in subsection
				68B-24.004(1),
				F.A.C., while on state waters, if such person is also in possession of
				appropriate receipt(s), bill(s) of sale, or bill(s) of lading to show that the
				spiny lobster were purchased in a foreign country and are entering the state in
				international commerce. Failure to maintain such documentation or to promptly
				produce same at the request of any duly authorized law enforcement officer
				shall constitute violation of this rule.
(2) Sale of Imported Spiny Lobster During the
				Closed Season, Documentation - Notwithstanding the provisions of Sections
				379.367, F.S., spiny lobster
				tails that have been imported into Florida from a foreign country may be sold
				during the closed harvesting season of April 1 through August 5 of each year,
				if such spiny lobster tails are accompanied with the appropriate receipts(s),
				bill(s) of sale, or bill(s) of lading to show that the spiny lobster were
				harvested and purchased in a foreign country and are entering the state in
				international commerce. Such documentation shall accompany the lobster through
				retail or restaurant sale. Failure to maintain such documentation or to
				promptly produce same at the request of any duly authorized law enforcement
				officer shall constitute violation of this rule.
(3) Each spiny lobster imported pursuant to
				this rule shall comply with the minimum size requirements specified in
				subsection 68B-24.003(1),
				F.A.C., and the prohibitions relating to eggbearing spiny lobster specified in
				subsection 68B-24.007(1),
				F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-2-90, Amended 10-4-95, Formerly 46-24.0045, Amended
					 6-2-02.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.005 - Seasons

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection (2) of
				this rule the season for harvest of spiny lobster in state waters shall be
				August 6 of each year through March 31 of the following year. No person shall
				harvest, attempt to harvest, or have in his possession, regardless of where
				taken, any spiny lobster during the closed season of April 1 through August 5
				of each year, except pursuant to subsection (2) for storage and distribution of
				lawfully possessed inventory stocks as provided by special permit issued by the
				Commission pursuant to section
				379.367, F.S.
(2) There shall be a sport season for
				recreational harvesters of spiny lobster, which season shall occur during the
				last Wednesday and successive Thursday of July each year. During this sport
				season, the following special restrictions shall apply:
(a) No person shall harvest spiny lobster by
				any means other than by diving or with the use of a bully net or hoop
				net.
(b) In Monroe County only, no
				person shall harvest spiny lobster:
1. By
				diving at night (from 1 hour after official sunset until 1 hour before official
				sunrise).
2. In or from the waters
				of John Pennekamp Coral Reef State Park, pursuant to rule
				68B-24.0065,
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.0055 - Commercial Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				379.367, F.S., requires each
				person using traps to harvest spiny lobster or taking spiny lobster in
				commercial quantities to purchase and possess a trap number, also known as a
				crawfish endorsement or crawfish license. A crawfish endorsement is hereby
				required to harvest spiny lobster for commercial purposes, and shall only be
				issued to a person, firm, or corporation that possesses a valid saltwater
				products license with a restricted species endorsement. "Harvest for commercial
				purposes" means the taking or harvesting of spiny lobster for purposes of sale
				or with intent to sell or in excess of established bag limits.
(2) A commercial dive permit is required to
				harvest spiny lobster in commercial quantities by diving. This permit will be
				in the form of the letter D added to the crawfish number.
(a) Effective January 1, 2005, no new
				commercial dive permits will be issued and no commercial dive permit will be
				renewed except those that have remained active since the 2004-2005 fishing
				season.
(b) A commercial dive
				permit may be issued only on a vessel saltwater products license.
(c) Each unique commercial dive permit number
				may only be issued on one of the holder's vessel saltwater products licenses at
				any time.
(d) Failure to renew the
				commercial dive permit by September 30 of each year will result in forfeiture
				of the endorsement.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.006 - Gear: Traps, Buoys, Identification Requirements, Prohibited Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) No commercial harvester shall harvest
				lobster by any means other than by diving, by the use of a bully net or hoop
				net, or by the use of traps as specified in this subsection.
(2) No person shall, in state waters, fish
				with, set, place, or cause to be fished with, set, or placed, any trap except a
				wood trap or plastic trap meeting the following specifications:
(a) Wood slat traps shall be no larger in
				dimension than 3 feet, by 2 feet, by 2 feet, or the volume equivalent. Such
				traps may be reinforced with wire mesh no heavier than 9 gauge, which shall
				only be affixed to the wood slats constituting the vertical surfaces of such
				traps. Beginning August 1, 2003, wire-reinforced wooden slat traps shall be
				constructed with wood slats that are a minimum of 1 1/4 inches wide, with a
				maximum spacing between slats of 2 1/4 inches.
(b) Plastic traps shall be no larger in
				dimension than 3 feet, by 2 feet, by 2 feet, or the volume equivalent, and
				shall have a degradable panel no smaller than 6 inches in length and 4 inches
				in width located on the top horizontal section of the trap. The panel shall
				only be considered degradable if it is constructed of cypress or untreated pine
				slats no thicker than 3/4 inch.
(c)
				The throats or entrances to all traps used to harvest spiny lobster shall be
				located on the top horizontal section of the trap, and shall be measured using
				the inside dimensions of the throat. If the throat is longer in one dimension,
				the throat size in the longer dimension shall not be smaller than 6 inches and
				in the shorter dimension shall not be smaller than 3 1/2 inches. If the throat
				is round or square, the throat size shall not be smaller than 5 1/2 inches in
				diameter or per side, respectively.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.0067 - Special Provisions for Biscayne National Park: Closure of Coral Reef Protection Areas

Current through Reg. 50, No. 138; July 16, 2024
As provided in Rule
				  68B-7.008, F.A.C., no person
				  shall harvest or attempt to harvest any species of the families Palinuridae
				  (spiny or furry lobsters) or Scyllaridae (slipper lobsters), or deploy any
				  trap, in the Coral Reef Protection Areas of Biscayne National
				  Park.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.007 - Other Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The harvest
				or possession of eggbearing spiny lobster, or any other species of lobster
				belonging to the families Palinuridae (spiny or furry lobsters) or Scyllaridae
				(slipper lobsters) is prohibited. Eggbearing spiny lobster, or any other
				species of lobster in the families listed in this subsection, found in traps
				shall be immediately returned to the water free, alive, and unharmed. The
				practice of stripping or otherwise molesting eggbearing spiny lobster, or any
				other species of lobster in the families listed in this subsection, in order to
				remove the eggs is prohibited and the possession of spiny lobster or spiny
				lobster tails from which eggs, swimmerettes, or pleopods have been removed or
				stripped is prohibited.
(2) Spiny
				lobster traps may be worked during daylight hours only, and the pulling of
				traps from 1 hour after official sunset until 1 hour before official sunrise is
				prohibited.
(3) No spiny lobster
				traps shall be set, placed, or caused to be set or placed at, on, or below the
				waters of the state within 100 feet of the intracoastal waterway or within 100
				feet of any bridge or sea wall.
(4)
				No person shall harvest spiny lobster by diving at night (from 1 hour after
				official sunset until 1 hour before official sunrise) in excess of the bag
				limit prescribed in rule
				68B-24.004, F.A.C.
(5) A bully net and any underwater breathing
				apparatus, as defined in rule
				68B-4.002, F.A.C., may not be
				simultaneously possessed on Florida Waters aboard a vessel used in the harvest
				of spiny lobster for commercial purposes or aboard a vessel transporting spiny
				lobster for commercial purposes while on Florida Waters. For the purposes of
				this subsection, a snorkel shall not be considered an underwater breathing
				apparatus.
(6) The directed harvest
				of spiny lobster by the use of any net or trawl, other than a landing or dip
				net, bully net with a diameter no larger than 3 feet, or hoop net with a
				diameter no larger than 10 feet, is prohibited. Spiny lobster harvested by the
				use of any net or trawl as an incidental bycatch of other target species
				lawfully harvested shall not be deemed to be unlawfully harvested in violation
				of this subsection if the combined whole weight of all spiny lobster so
				harvested does not exceed 5% of the total whole weight of all species lawfully
				in possession of the harvester at any time. For purposes of this subsection,
				the term "net or trawl" shall not include any hand-held
				net.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-2-87, Amended 7-2-90, 10-4-95, Formerly 46-24.007,
					 Amended 7-1-08, 5-1-17.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.008 - Slipper Lobster; Prohibitions Relating to Eggbearing Slipper Lobster (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-2-87, Amended 7-2-90, Formerly 46-24.008, Repealed
					 7-1-08.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.009 - Trap Reduction Schedule

Current through Reg. 50, No. 138; July 16, 2024
Upon the sale or transfer of lobster trap certificates
				  outside the immediate family of the certificate holder, the number of
				  certificates received by the purchaser shall be reduced by 10 percent. Once the
				  number of lobster trap certificates is reduced through this mechanism to 400,
				  000, there shall be no further reduction in the number of lobster trap
				  certificates issued each year except those forfeited pursuant to section
				  379.3671(2)(c)3. or 379.3671(2)(c)7., F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-1-92, Amended 6-1-94, 6-3-96, 3-5-97, Formerly
					 46-24.009, Amended 6-29-00, 7-1-01, 4-1-04, 1-9-07, 7-1-08,
					 7-1-09.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-25 - TAMPA BAY › Section 68B-25.001 - Tampa Bay Park; Purpose; Closure of Certain Waters to Net Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this rule is to minimize
				user group conflicts within the boundaries of Tampa Bay Park in Hillsborough
				County, while maintaining reasonable access by all user groups to the marine
				resources in the waters of that park.
(2) The following waters of Old Tampa Bay in
				Hillsborough County are closed to the harvest of all fishes by net, excluding
				the use of common hand cast nets:
The waters of all creeks, canals, bayous, tributaries, bays,
				  and inlets and all waters within 100 yards of the mouths of such bodies of
				  water, between the southeast side of the mouth of Rocky Creek to the northwest
				  side of the mouth of Double Branch Creek.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-9-87, Formerly
					 46-25.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-25 - TAMPA BAY › Section 68B-25.002 - E. G. Simmons Park; Closure of Park Waters to Net Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) The waters of E.G. Simmons Park in
				Hillsborough County are closed to the harvest of all fishes by net, excluding
				the use of common hand cast nets or hand-held landing or dip nets. The
				possession of any net, other than a common hand cast net or hand-held landing
				or dip net, within the park is prohibited.
(2) "E.G. Simmons Park" or "park, " as used
				in this rule, means all land and water lying within the boundaries of E.G.
				Simmons Park in Hillsborough County as marked by the Hillsborough County Parks
				and Recreation Department.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-1-88, Formerly
					 46-25.002.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-25 - TAMPA BAY › Section 68B-25.003 - Old Tampa Bay: Repeal of Local Laws; Prohibition of Certain Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) Chapter 15379, Laws of Florida (1931), as
				amended by Chapter 18740, Laws of Florida (1937), a rule of the Department of
				Natural Resources pursuant to paragraph (5)(a) of section 2 of Chapter 83-134,
				Laws of Florida, is hereby repealed. The Marine Fisheries Commission has
				determined that repeal of this law affecting Pinellas and Hillsborough
				Counties, in conjunction with adoption of the substantive portions of this rule
				will not adversely affect the marine resources of the two counties or of the
				State of Florida.
(2) No person
				shall harvest any fish in and on the waters of Old Tampa Bay north of the Gandy
				Bridge, including any creek or bayou emptying into such waters, except with the
				following gear:
(a) Hook and line
				gear.
(b) Landing or dip
				net.
(c) Cast net.
(d) A crab trap specifically allowed by Rule
				68B-13.002, F.A.C., or Section
				379.366, F.S.
(e) A shrimp trap specifically allowed by
				Rule 68B-31.007,
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-26 - SOUTHWEST FLORIDA SHELLS › Section 68B-26.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
"Live shellfish" means any living mollusk (Phylum Mollusca)
				  or echinoderm (Phylum Echinodermata). Live shellfish does not include oysters
				  (
Crassostrea virginica
), hard clams (
Mercenaria
				  spp.
), sunray venus clams (
Macrocallista nimbosa
),
				  bay scallops (
Argopecten irradians
), or coquinas (Genus
Donax
).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-15-87, Amended 9-1-93, 1-1-95, Formerly 46-26.002,
					 Amended 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-26 - SOUTHWEST FLORIDA SHELLS › Section 68B-26.003 - Live Shellfish, Regulation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-15-87, Amended 9-1-93, 1-1-95, 4-1-96, Formerly
					 46-26.003, Amended 8-3-00, 2-28-02, Repealed
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-26 - SOUTHWEST FLORIDA SHELLS › Section 68B-26.004 - Prohibited Harvest of Live Shellfish in Lee County; Restrictions on Harvest of Live Shellfish in Manatee County; Permitted Harvest of Shells

Current through Reg. 50, No. 138; July 16, 2024
(1) Lee County -A person may not harvest a
				live shellfish in Lee County or possess a live shellfish in or on the Florida
				Waters within Lee County that are seaward of the mean high water
				line.
(2) Manatee County - A person
				may not harvest in Manatee County more than 2 live shellfish of any single
				species, per day or possess in or on the Florida Waters within Manatee County
				that are seaward of the mean high water line more than 2 live shellfish of any
				single species.
(3) In Lee County
				and Manatee County, a person may harvest a shell if the shell does not contain
				a live shellfish at the time of harvest and a live shellfish is not killed,
				mutilated, or removed from the shell prior to the harvest of the
				shell.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.013 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter:
(1) "Apalachicola Bay" or "Bay" means all
				waters within St. George Sound, East Bay in Franklin County, Apalachicola Bay,
				St. Vincent Sound in Franklin County, and Indian Lagoon in Gulf County,
				including canals, channels, rivers, and creeks.
(2) "Bag" means any container holding an
				amount of culled shellstock equal to the volume of two five-gallon buckets, one
				ten-gallon bucket, or sixty pounds.
(3) "Certified oyster house" means a
				shellfish shipper, repacker, shucker-packer, or depuration processor who
				possesses a shellfish processing plant certification license from the
				Department.
(4) "Closed area" means
				any area in which the taking or harvesting of oysters is prohibited pursuant to
				any applicable rule, order or other action of the Department or the Florida
				Fish and Wildlife Conservation Commission.
(5) "Commission" means the Florida Fish and
				Wildlife Conservation Commission.
(6) "Cull" means to sort oysters immediately
				after they are taken out of the water, discarding oysters which are not of
				legal size, and cleaning mud, bedding shell, and other debris off of those
				retained that are legal size. Culling takes place over the bar from which the
				oysters were harvested and includes replacing and scattering all undersize
				oysters and bedding shell on the reefs from which the oysters were
				taken.
(7) "Department" means the
				Florida Department of Agriculture and Consumer Services.
(8) "Harvest" means the taking of oysters by
				any means whatsoever, followed by a reduction of such oysters to possession.
				Oysters that are taken but immediately returned to the water free, alive, and
				unharmed, are not harvested. In addition, temporary possession of oysters for
				the purpose of culling shall not constitute harvesting such oysters, provided
				that, after culling, they are immediately returned to the water, free, alive,
				and unharmed if undersize.
(9)
				"Harvest for commercial purposes" means to harvest oysters with the intent to
				sell. Sale of oysters in any amount shall automatically result in such oysters
				being characterized as commercially harvested.
(10) "Harvest for recreational purposes"
				means to harvest oysters for personal consumption only.
(11) "Oyster" means any wild or feral mollusk
				of the species Crassostrea virginica.
(12) "Tongs" means a hand-operated instrument
				used for gathering oysters consisting of a pair of long-handled rakes with
				inward-facing teeth.
(13)
				"Shellstock" means shellfish which remain in their shells.
(14) "Tolerance" means the allowable
				deviation in size from size limits prescribed in this
				chapter.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-10-91, Amended 11-29-93, 11-27-96, Formerly
					 46-27.013, Amended 1-26-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.014 - Statewide Bag Limits on Oyster Harvesting

Current through Reg. 50, No. 138; July 16, 2024
(1) Commercial Bag Limit.
(a) Except as provided in paragraph (b), in
				all state waters open to oyster harvesting, no person shall harvest or take for
				commercial purposes more than twenty (20) bags of oysters per person or per
				vessel, whichever is less, per day.
(b) Except as provided in paragraph
				68B-27.017(1)(a),
				F.A.C., beginning October 1 each year and continuing through June 30 of the
				following year, in Apalachicola Bay, each person who harvests or takes oysters
				for commercial purposes shall be subject to a bag limit of twenty (20) bags of
				oysters per day. On any vessel in the bay during this period, a vessel limit
				equal to twenty (20) bags of oysters times the number of persons aboard the
				vessel harvesting or taking oysters for commercial purposes shall apply and
				possession of more than this number of bags of oysters aboard such a vessel in
				the bay is prohibited. Paragraph (a) shall apply in Apalachicola Bay to all
				commercial harvesters during the rest of the year.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.015 - Oyster Size Limit

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided
				in subsection (3), of this rule, no person shall harvest, possess while in or
				on the waters of the state, or land, any oyster less than three (3) inches in
				greatest dimension. Oysters which are three (3) inches or more in greatest
				dimension shall be legal size.
(2)
				Each person harvesting oysters from the waters of this state shall cull such
				oysters, unless otherwise provided in this chapter, or unless otherwise
				permitted by the Department for the purpose of planting or relaying as provided
				by law.
(3) Tolerances. There shall
				be two types of tolerances allowed with regard to the size of oysters harvested
				in or on waters of the state.
(a) Tolerance
				for Attached Oysters. In instances in which culled oysters less than three (3)
				inches in greatest dimension are attached to legal size oysters such that to
				separate them would destroy either oyster, a person may harvest, possess while
				in or on the waters of the state, and land such undersize attached oysters
				provided that such oysters number no more than 15% of the oysters in any bag or
				equivalent container. The legal size oysters to which the undersize oysters are
				attached shall be counted separately from the attached oysters.
(b) Tolerance for Individual, Unattached
				Oysters. A person may harvest, possess while in or on the waters of the state,
				and land oysters less than three (3) inches in greatest dimension, provided,
				that such oysters number no more than 5% of the oysters in any bag or
				equivalent container.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.016 - Oyster Harvest Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				persons harvesting oysters for commercial purposes from areas where monitoring
				stations are in operation shall:
(a) Before
				leaving the waters of these areas, pass through a monitoring station;
(b) Before arriving at a monitoring station,
				place all oysters on board their vessels in bags;
(c) Place all bags containing oysters in
				plain view on their vessel(s); and,
(d) Declare all oysters on board for
				inspection.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.017 - Apalachicola Bay Oyster Harvesting Restrictions

Current through Reg. 50, No. 138; July 16, 2024
In addition to all other provisions of this chapter, the
				  following provisions shall apply to Apalachicola Bay:
(1)
(a)
				Through December 31, 2025, no person may harvest for commercial purposes an
				oyster from Apalachicola Bay or possess an oyster in or on Apalachicola
				Bay.
(b) Beginning January 1, 2026,
				except as provided in paragraph (c), and when Apalachicola Bay is not closed
				for public health purposes, oysters may be harvested in the bay for commercial
				purposes any day of the week.
(c)
				If during the period beginning on November 16 each year and continuing through
				May 31 of the following year the Commission, through its regular monitoring of
				the abundance of oyster resources on Cat Point Bar and East Hole Bar in the
				Bay, through the Standard Resource Management Protocol (a scale based on
				scientific sampling that provides a predictive index of the number of oysters
				available for harvest), establishes that such resources cannot sustain a
				harvest of 300 bags of oysters per acre, the harvest of oysters for commercial
				purposes from the Bay on Saturday and Sunday of each week for the remainder of
				the period is prohibited. The Commission shall give notice of such weekend
				closure in the manner provided in Section
				120.81(5), F.S.
				The weekend closure shall begin no sooner than one week following such
				notice.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.0175 - West Bay (Bay County) Oyster Harvesting Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) A person may not harvest or possess
				oysters in or on the waters of the West Bay Estuarine Habitat Restoration
				Project Zone.
(2) For purposes of
				this rule, the "West Bay Estuarine Habitat Restoration Project Zone" is defined
				as the area within the following boundary: Commencing at 30°15.878'N,
				85°51.097'W; thence in an easterly direction to 30°15.898'N,
				85°50.784'W; thence in a southerly direction to 30°15.354'N,
				85°50.791'W; thence south-southeast to 30°14.914'N, 85°50.678'W;
				thence in a southerly direction to 30°14.531'N, 85°50.655'W; thence
				southwest to the 30°14.218'N, 85°50.873'W; thence in a westerly
				direction to 30°14.189'N, 85°51.082'W; thence in a northerly direction
				along a line following the shoreline to the northwestern-most corner of the
				West Bay Estuarine Habitat Restoration Project Zone, the point of
				beginning.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 6-25-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.018 - Statewide Harvesting Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Shellfish endorsement -
(a) Beginning July 1,
				2015, except as provided in paragraph (c), or for harvest from aquaculture
				leases pursuant to an aquaculture certificate issued by the Florida Department
				of Agriculture and Consumer Services, a commercial harvester may not harvest or
				possess oysters for commercial purposes in or on Florida Waters or sell oysters
				unless the commercial harvester is harvesting pursuant to a valid saltwater
				products license with a shellfish endorsement.
(b) A shellfish endorsement shall be issued
				only to a person with a valid saltwater products license who provides proof of
				completion, within the last 12 months, of a Florida Department of Agriculture
				and Consumer Services developed or approved training course in shellfish
				harvest and post-harvest practices.
(c) A commercial harvester who is harvesting
				pursuant to a valid saltwater products license and a valid Apalachicola Bay
				oyster harvesting license is exempt from the requirement to possess a shellfish
				endorsement.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.019 - Seasons

Current through Reg. 50, No. 138; July 16, 2024
(1) In all areas of the state, no person
				shall harvest oysters on the public reefs of this state, or have such oysters
				in possession, from July 1 through September 30 of each year, except in the
				following areas or circumstances:
(a) Except
				as provided in Rule 68B-27.017, F.A.C., in
				Apalachicola Bay:
1. The harvest or
				possession of oysters on the public reefs is allowed from June 1 through August
				31 of each year only in the areas specified in subsection
				5L-1.003(1),
				F.A.C., for the Apalachicola Bay System.
2. The harvest or possession of oysters on
				the public reefs is allowed from September 1 through May 31 of each year only
				in the areas specified in subsection
				5L-1.003(1),
				F.A.C., for the Apalachicola Bay System.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-27 - OYSTERS › Section 68B-27.020 - Applicability to Oysters on Leased Parcels

Current through Reg. 50, No. 138; July 16, 2024
The harvest of oysters from submerged lands which have been
				  leased for shellfish culture by the State of Florida shall be carried out in
				  compliance with all the provisions of this chapter unless the harvest is
				  exempted from such compliance by specific provisions in valid lease(s)
				  applicable to particular parcels in question.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-10-91, Formerly
					 46-27.020.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 68B-28, F.A.C. and
				  379.248, F.S.:
(1) "Sponge" means any animal of the Phylum
				Porifera, or part thereof.
(2)
				"Commercial sponge" means an animal of the Order Dictyoceratida, or part
				thereof. This Order includes the sheepswool, yellow, grass, glove, finger,
				wire, reef, and velvet sponges.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-1-88, Amended 5-5-91, Formerly 46-28.002, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.003 - Size Limit

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest or land from Florida Waters or
				  possess in or on Florida Waters a commercial sponge that when wet is less than
				  5 inches in its greatest dimension measured across the top of the
				  sponge.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-1-88, Amended 10-1-90, Formerly 46-28.003, Amended
					 7-1-07, 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.0035 - Commercial Sponge Size Limit and Gear (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 5-13-02, Amended 3-1-05, 7-1-07, Repealed
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.0036 - Recreational Bag Limit; Commercial Licensing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 5-13-02, Repealed
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.004 - Recreational Bag Limit; Exception for Commercial Harvest

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Bag Limit - A recreational
				harvester may not harvest per day within or without Florida Waters, land per
				day, or possess in or on Florida Waters more than 10 pieces of commercial
				sponge.
(2) Exception for
				Commercial Harvest - A person may not exceed the recreational bag limit
				established in subsection (1), unless that person is in possession of a valid
				saltwater products license with a Sponge Endorsement.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 5-5-91, Formerly 46-28.004, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.006 - Restrictions on Gear and Method of Harvest

Current through Reg. 50, No. 138; July 16, 2024
(1) Harvest of Commercial Sponge by Hook - A
				person may use a hook that is 5 inches in width to remove a commercial sponge
				from Florida Waters. A person may not remove a commercial sponge from Florida
				Waters with a hook that is larger or smaller than 5 inches in width.
(2) Harvest of Commercial Sponge by Diving -
				Except as provided in Rule
				68B-28.0061, F.A.C., a person
				may not harvest a commercial sponge from Florida Waters by diving. A person
				diving for commercial sponges must remove any sponge attached to the bottom by
				cutting it. Such a person may not remove a commercial sponge by pulling it from
				the bottom.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.0061 - Harvest of Commercial Sponge by Diving

Current through Reg. 50, No. 138; July 16, 2024
(1) Prohibited Harvest of Commercial Sponge
				by Diving - Except in the areas described in paragraphs (2)(a) and (2)(b), a
				person may not harvest a commercial sponge from Florida Waters by
				diving.
(2) Areas Open to the
				Harvest of Commercial Sponge by Diving -
(a)
				A person may harvest a commercial sponge by diving in the Florida Waters north
				of a line extended due west from the southernmost point of Egmont Key,
				northward and westward to the north-south line represented by
				85°21'23.04'', which meets the coast near the Cape San Blas
				lighthouse.
(b) A person may
				harvest a commercial sponge by diving in the Florida Waters beyond three
				nautical miles from the shoreline south of a line extended due west from the
				southernmost point of Egmont Key, southward and eastward to a line extended due
				west from the coastal boundary between Monroe and Collier Counties (25°, 48
				min. N. latitude).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.007 - Prohibited Sale

Current through Reg. 50, No. 138; July 16, 2024
A person may not sell a commercial sponge, unless they are in
				  possession of a valid saltwater products license with a Sponge
				  Endorsement.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-28 - SPONGES › Section 68B-28.008 - Harvest of Sponges Prohibited in Biscayne National Park

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest or land a sponge in or from the
				  waters of Biscayne National Park or possess a sponge harvested from the waters
				  of Biscayne National Park.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-29 - SARDINES › Section 68B-29.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 68B-29, F.A.C.:
(1) "Sardine" means a fish of the species
Sardinella aurita
, commonly known as Spanish sardine, or
Sardinella brasiliensis
, commonly known as orangespot sardine,
				or any part thereof.
(2) "West
				Central Florida Region" means the state waters of Pinellas, Hillsborough, and
				Manatee Counties.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 4-1-89, Amended 7-15-96, Formerly 46-29.002, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-29 - SARDINES › Section 68B-29.003 - Commercial Fishing Season and Harvest Limits for Sardines in the West Central Florida Region; Extraordinary Harvest Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 4-1-89, Amended 1-1-91, 1-1-95, Formerly 46-29.003,
					 Repealed 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-29 - SARDINES › Section 68B-29.004 - Vessel Limits; Possession of Sardines as Bait

Current through Reg. 50, No. 138; July 16, 2024
(1) General Vessel Limit - The persons aboard
				a vessel in the West Central Florida Region may not collectively harvest or
				land more than 500 pounds of sardines per day or possess more than 500 pounds
				of sardines, regardless of the number of licensed or license-exempt persons
				onboard.
(2) Possession of Sardines
				as Bait - This subsection will not be construed to prohibit the possession of
				more than 500 pounds of frozen or partially frozen processed packaged sardines
				for use as bait, or the transiting of state waters with such bait to fish in
				federal Exclusive Economic Zone waters adjacent to the
				region.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 4-1-89, Formerly 46-29.004, Amended
					 9-1-13.