reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-29 - SARDINES › Section 68B-29.006 - Gear that Constitutes Harvest for Commercial Purposes

Current through Reg. 50, No. 138; July 16, 2024
A person who is harvesting or attempting to harvest sardines
				  with a net or seine that is 100 feet or greater in length is considered to be
				  harvesting sardines for commercial purposes and shall comply with the
				  provisions of this chapter that are applicable to the harvest of sardines for
				  commercial purposes.
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-29.008 - Area Closed to Harvest for Commercial Purposes

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest a sardine for commercial purposes in
				  the following area: All waters of Pinellas, Hillsborough, and Manatee Counties
				  east of a line 500 yards west and running parallel to the COLREGS Demarcation
				  Line, between the Pinellas-Pasco County line on the north and the
				  Manatee-Sarasota County line on the south.
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-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.001 - King Mackerel Atlantic Fishery; Purpose and Intent; Designation as Restricted Species

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				and intent of this chapter are to protect, manage, conserve, and replenish
				Florida's Atlantic Group of king mackerel, species
Scomberomorus
				cavalla.
The chapter is intended to complement Rule Chapter 68B-12,
				F.A.C., which regulates the Gulf-Atlantic King Mackerel fishery. Initial
				measures to reduce fishing pressure on the Atlantic group of king mackerel
				include special bag limits, bag limits for other harvesters, and season closure
				for harvesters fishing under the special bag limit to coincide with closures in
				adjacent federal (EEZ) waters.
(2)
				King mackerel is hereby designated a restricted species pursuant to Section
				379.101(32),
				F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-15-87, Amended 11-1-88, Formerly
					 46-30.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter:
(1) "Atlantic fishery" means all Florida
				waters of the Atlantic Ocean north of a line extending due east of the
				Miami-Dade/Monroe county line and all king mackerel in those waters (consistent
				with the Federal Standard established in 50 C.F.R. §622.369(a) as of May
				11, 2017).
(2) "Harvest, " used in
				reference to activities of a person or a boat, means catching a king mackerel
				in or from the water by any means, then reducing the fish to possession. A king
				mackerel that is caught but immediately returned to the water free, alive, and
				unharmed is not harvested.
(3)
				"King mackerel, " also commonly referred to as "kingfish, " means any fish of
				the species
Scomberomorus cavalla
, or any part
				thereof.
(4) "Spearing" means the
				catching or taking of a fish by bow hunting, gigging, spearfishing, or by any
				device used to capture a fish by piercing the body. Spearing does not include
				the catching or taking of a fish by a hook with hook and line gear or by
				snagging (snatch hooking).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-15-87, Amended 11-1-88, 1-1-98, Formerly 46-30.002,
					 Amended 5-11-17.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.0025 - Size Limit

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				harvest from the waters of the Atlantic Fishery or land any king mackerel with
				a fork length less than 24 inches, measured from the tip of the snout to the
				rear center edge of the tail.
(2)
				All king mackerel shall be landed in a whole condition. The possession, while
				in or on state waters, on any public or private fishing pier, or on a bridge or
				catwalk attached to a bridge from which fishing is allowed, or on any jetty, of
				any such fish that have been deheaded, sliced, divided, filleted, ground,
				skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of
				such fish, or mere removal of gills before landing is not prohibited.
(3) It is the intent of this rule and Rule
				68B-12.0035, F.A.C., to
				expressly repeal and replace Section
				370.11(2)(a)
				3., F.S. (1993), and the remainder of Section 370.11(2)(a), F.S. (1993), as
				these provisions pertain to king mackerel.
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 11-29-93, Amended 7-15-96, Formerly 46-30.0025, Amended
					 10-22-99.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.003 - Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Commercial Harvest Limits. Persons
				holding a Florida resident, nonresident, or alien saltwater products license
				with a restricted species endorsement and a federal commercial permit to
				harvest king mackerel from the Atlantic Migratory Group, may harvest king
				mackerel from the Atlantic fishery upon the following conditions:
(a) The season for harvest of king mackerel
				from the Atlantic fishery has not been closed pursuant to Rule
				68B-30.004, F.A.C.;
				and,
(b) Persons harvesting king
				mackerel for commercial purposes from the Atlantic fishery shall be subject to
				commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R.
				§622.385(a)(1) (as of September 9, 2020) unless adjacent federal Exclusive
				Economic Zone (EEZ) waters are closed to commercial harvest of king
				mackerel.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.004 - Commercial Season Closures

Current through Reg. 50, No. 138; July 16, 2024
If at any time federal Exclusive Economic Zone (EEZ) waters
				  adjacent to the Atlantic fishery are closed to commercial harvest of king
				  mackerel, corresponding state waters shall also be closed to commercial harvest
				  of king mackerel, beginning from the date of such closure until federal waters
				  are reopened to commercial harvest of king mackerel. Notice of the closure
				  shall be given by the Fish and Wildlife Conservation Commission in the manner
				  provided in Section 120.81(5), F.S.
				  In case of such closure, all harvesters shall be subject to the bag limit
				  established in subsection
				  68B-30.003(2),
				  F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-15-87, Amended 11-1-88, Formerly 46-30.004, Amended
					 10-12-15.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-30 - KING MACKEREL - ATLANTIC FISHERY › Section 68B-30.006 - Other Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange
				any king mackerel harvested in violation of any provision or condition of this
				chapter.
(2) The Commission shall
				issue a permit pursuant to Rule
				68B-2.010, F.A.C., to authorize
				king mackerel caught in an organized tournament to be donated to a licensed
				wholesale dealer.
(3) The
				prohibitions of this chapter apply as well to any and all persons operating a
				vessel in the Atlantic fishery, who shall be deemed to have violated any
				prohibition which has been violated by another person aboard.
(4) Nothing in this chapter shall prohibit
				the sale of king mackerel harvested persuant to 50 C.F.R. §622.379(b) (as
				of May 11, 2017).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-15-87, Formerly 46-30.006, Amended 10-12-15,
					 5-11-17.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.001 - Northeast Florida Live Bait Shrimp Fishery; Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
The purpose and intent of Rules
				  68B-31.001 through
				  68B-31.003, F.A.C., are to
				  impose gear specifications for the type of trawls used to harvest live bait
				  shrimp in the nearshore and inshore Florida waters of Nassau, Duval, St. Johns,
				  Putnam, Flagler, and Clay Counties. The gear specifications are designed to
				  limit the harvest capacity of live bait shrimpers, making their limited catch
				  more valuable as live bait shrimp than as dead shrimp.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-11-86, Amended 1-1-96, Formerly
					 46-31.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Rules
				  68B-31.001 through
				  68B-31.003, F.A.C.:
(1) "Licensed live bait shrimp producer"
				means any individual licensed by the Commission to employ the use of any trawl
				for the taking of shrimp within the nearshore and inshore Florida waters of
				Nassau, Duval, St. Johns, Putnam, Flagler, or Clay Counties.
(2) "Trawl" or "trawl net" means a net in the
				form of an elongated bag with the mouth kept open by various means and fished
				by being towed or dragged on the bottom.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-11-86, Amended 1-1-96, Formerly
					 46-31.002.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.003 - Live Bait Shrimp Trawl Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensed live bait shrimp producer is
				allowed the use of one trawl for the harvest of live bait shrimp. The opening
				or entrance to the trawl net shall be formed and limited by attachment of the
				net mesh to line of not less than 1/8 inch diameter. Such line shall be
				securely attached so as to form a continuous perimeter around the leading edge
				of the net. Attachment of the net mesh to such line shall be made at intervals
				of not more than 12 inches along the entire length of the line. The perimeter
				so formed shall not exceed 60 feet, measured from point to point along the line
				forming the leading edge of the net, and the net shall be no larger in mesh
				area than specified by subsection
				68B-31.0035(2),
				F.A.C. No webbing, mesh, panels, or similar devices shall be used in
				conjunction with the trawl net in any manner so as to precede or enlarge the
				opening or entrance to the net, or have the effect of diverting saltwater
				products into the opening or entrance to the net.
(2) No person shall operate or fish any otter
				trawl, or possess any otter trawl that is rigged for fishing aboard any vessel,
				in the Northeast Florida Commercial Live Shrimp Production Fishery, which trawl
				does not have a bycatch reduction device (BRD) installed therein meeting the
				requirements of Rule 68B-31.0045, F.A.C.
(3) No licensed live bait shrimp producer
				shall use any other type of gear or any trawl net not in conformance with the
				specifications of subsections (1) and (2).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-11-86, Amended 1-1-96, 6-3-96, Formerly 46-31.003,
					 Amended 5-1-22.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0035 - Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Trawls are hereby declared to be
				allowable gear for the directed harvest of shrimp, as defined in subsection
				68B-31.006(21),
				F.A.C., or calico scallops, as authorized in Rule
				68B-53.006, F.A.C., only. To the
				extent that other marine species are harvested with a trawl as an incidental
				bycatch of the directed harvest of shrimp, the quantity of such other species
				that may be retained are subject to the limits specified in other chapters of
				Division 68B of the F.A.C.
(2) No
				person shall operate or fish in nearshore and inshore Florida waters any trawl
				with a net or bag containing more than 500 square feet of mesh area.
(3) Biscayne National Park - As provided in
				Rule 68B-7.008, F.A.C., no person
				shall operate a trawl within the No-Trawl Zones of Biscayne National
				Park.
(4) For purposes of this
				chapter:
(a) "Mesh area" of a net means the
				total area of netting with the meshes open to comprise the maximum square
				footage. The square footage shall be calculated using standard mathematical
				formulas for geometric shapes. The mesh area of a trawl shall be calculated as
				a cone using the maximum circumference of the net mouth to derive the radius,
				and the maximum length of the net with meshes open from the center of the
				headrope at the net mouth to the tail end of the net to derive the slant
				height.
(b) "Nearshore and inshore
				Florida waters" means all Florida waters inside a line three nautical miles
				seaward of the coastline along the Gulf of Mexico and inside a line one
				nautical mile seaward of the coastline along the Atlantic Ocean.
(c) "Florida waters" means the waters of the
				Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and any other
				bodies of water under the jurisdiction of the State of Florida, whether
				coastal, intracoastal or inland, and any part thereof.
(d) "Coastline" means the territorial sea
				base line for the State of Florida established pursuant to the laws of the
				United States of America.
(e) The
				term "unconnected" shall be construed to mean two trawls independently towed
				from a single vessel, except that two trawls each of which is attached to a
				sled in lieu of the inner door of each trawl shall be considered unconnected if
				a separation of at least 10 feet is maintained at all times during
				trawling.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.004 - Trawl Gear Specifications: Turtle Excluder Devices Required; Exceptions; Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as
				provided in subsection (2):
(a) No person
				shall operate or fish in any waters of the state any trawl that does not have a
				qualified turtle excluder device (TED) installed therein.
(b) No person shall possess, aboard any
				vessel in or on state waters, any trawl rigged for fishing that does not have a
				qualified turtle excluder device (TED) installed therein.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0045 - Trawl Gear Specifications: Bycatch Reduction Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) Where required on a regional basis by
				rule of this chapter, no person shall operate or fish any trawl, or possess any
				trawl that is rigged for fishing aboard any vessel, which trawl does not have a
				bycatch reduction device (BRD) installed therein meeting the requirements of
				this rule.
(2) No person shall rig
				or alter the BRD installed in any trawl in any manner so as to render the BRD
				nonfunctioning or ineffective in excluding species other than shrimp from the
				trawl.
(3) One of the following
				types of BRDs must be used to comply with the requirements of this subsection:
(a) BRDs currently certified or currently
				provisionally certified by the National Marine Fisheries Service as defined in
				50 C.F.R §622 Appendix D and pursuant to 50 C.F.R. §622.41
				(g).
(b) The Florida Finfish
				Excluder meets the BRD requirements of this subsection only when fishing in
				nearshore or inshore Florida waters. The Florida Finfish Excluder device shall
				consist of at least one rigid exit opening frame made of no smaller than
				1/4-inch steel or aluminum rod sewn into each trawl. Each exit opening frame
				shall be at least 12 inches in length and have an apex of three bars pointing
				forward to orient the exit opening in the direction of the mouth of the trawl.
				The opening thus created shall be in the shape of a parallelogram or oval and
				no smaller than 36 square inches in area and 5 inches across the opening in the
				shortest dimension. The opening formed by each frame shall be no further
				forward in the cod end than 70% of the distance between the draw string
				(tie-off rings) and the beginning of the tail bag (excluding any extension).
				The frame shall be installed on the top side of the cod end, no more than 15
				meshes to the side of the centerline.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.005 - Purpose and Intent; Repeal of Certain General and Special Acts; Designation of Shrimp as Restriction Species

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				purpose and intent of Rules
				68B-31.006 through
				68B-31.015, F.A.C., are to
				protect and conserve Florida's shrimp resources and to provide comprehensive,
				uniform management rules for shrimping to eliminate inconsistent, piecemeal
				local regulation of shrimp harvest.
(2) It is the intent of these rules to
				expressly effect the repeal of and replace subsections (1), (2), (3), and
				portions of subsection (6) of Section
				370.15, F.S. (1991), paragraphs
				(4)(c), (d), and (e), and portions of subsection (5) of Sections
				370.153 and
				370.157, F.S. (1991). It is the
				intent of these rules to repeal the last three distinct sentences of subsection
				(6) of Section 370.15, F.S. (1991), and
				paragraphs (b) and (d) of subsection (5) of Section
				370.153, F.S. (1991). The Marine
				Fisheries Commission has determined that the repeal of these provisions will
				not adversely affect the shrimp resources of the State of Florida.
(3) The adoption of these rules is intended
				to coincide with the repeal of certain special acts (local laws) or portions
				thereof, which are rules of the Department of Environmental Protection pursuant
				to subsection (5) of section 2 of Chapter 83-134, as amended by Chapter 84-121,
				Laws of Florida.
(4) Repeal of
				portions of Chapter 24111, Laws of Florida (1947), as amended by Chapter 25423,
				Laws of Florida (1949) -
(a) The Marine
				Fisheries Commission hereby finds and declares that the repeal of section 1 of
				Chapter 24111, Laws of Florida (1947), as amended by Chapter 25423, Laws of
				Florida (1949), special acts applicable to Bay, Okaloosa, and Washington
				Counties, will not adversely affect the marine resources of those counties or
				of the State of Florida. The law closes all the inside waters of these counties
				to all shrimp harvest of shrimp from July 1 through September 30 each year and
				from December 1 through March 31 of the succeeding year.
(b) Section 1 of Chapter 24111, Laws of
				Florida (1947), as amended by Chapter 25423, Laws of Florida (1949), a rule of
				the Department of Environmental Protection (formerly the Department of Natural
				Resources) pursuant to section 2, paragraph (5)(a) of Chapter 83-134, Laws of
				Florida, is hereby repealed.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.007 - Statewide Recreational Shrimping Restrictions

Current through Reg. 50, No. 138; July 16, 2024
Except for persons harvesting shrimp commercially as either a
				  food shrimp producer or a live bait shrimp producer, each person harvesting
				  shrimp in or on the waters of the state shall comply with the requirements
				  specified in this rule.
(1) Bag and
				Vessel Limits -
(a)
1. Except as provided in paragraph (b) for a
				portion of the Big Bend Region, no person shall harvest or land more than five
				gallons of shrimp, heads on, per day. No person shall possess more than five
				gallons of shrimp, heads on, in or on Florida Waters, or on any dock, pier,
				bridge, beach, or other fishing site adjacent to such waters.
2. Except as provided in paragraph (b) for a
				portion of the Big Bend Region, the persons aboard a vessel in or on Florida
				Waters may not collectively possess more than five gallons of shrimp, heads
				on.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.008 - Statewide Live Bait Shrimp Production Restrictions

Current through Reg. 50, No. 138; July 16, 2024
Each person harvesting shrimp in or on the waters of the
				  state as a live bait shrimp producer shall comply with the requirements
				  specified in this rule.
(1) Allowable
				Gear -
(a) Except as provided in paragraph
				(b), for the Northeast Region, no person shall harvest shrimp as a live bait
				shrimp producer with any type of gear other than a roller frame trawl meeting
				the following specifications:
1. Neither the
				upper nor lower horizontal beam on a roller frame trawl so used is greater than
				16 feet in length.
2. The vertical
				bars shielding the trawl opening are spaced no more than 3 inches
				apart.
3. No more than two such
				trawls, unconnected, shall be towed by a single vessel at any time.
4. The netting of the trawl shall be no
				larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.009 - Statewide Food Shrimp Production Restrictions

Current through Reg. 50, No. 138; July 16, 2024
The following requirements shall apply to each person
				  harvesting shrimp in or on the waters of the state as a food shrimp producer.
				  Each such person shall also comply with the regional food shrimp production
				  requirements of Rules
				  68B-31.010 through
				  68B-31.015, F.A.C., and the area
				  or seasonal closures in the remainder of the chapter.
(1) Size Limit -
(a) Each person harvesting shrimp in or on
				state waters as a food shrimp producer shall possess shrimp that are of legal
				size. Shrimp shall be considered of legal size if all the shrimp in possession
				of the harvester are determined to have an average count not exceeding 47
				shrimp per pound with the heads on or 70 shrimp per pound with the heads off.
				An average count shall be determined separately for the two portions of the
				catch consisting of heads-on and heads-off shrimp. The average count shall be
				determined by sampling the catch at five different locations selected randomly
				to be as widely separated within the catch or portion of the catch as
				practicable. Each sample shall consist of at least one pound of shrimp. The
				counts of each of these five samples shall be averaged to determine the average
				count for the catch or portion of the catch. This subsection shall not apply to
				any seabob (
Xiphopenaeus kroyeri
) in possession of the
				harvester.
(b) The size limit
				provisions of paragraph (a) shall not apply in:
1. The Big Bend Region.
2. The Northeast Region.
3. Any of the waters of the Northwest Region
				east of the line formed by 85°13.50' West Longitude.
4. Any waters of the Southeast Region in Dade
				County.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.010 - Northwest Region Food Shrimp Production Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
Each person harvesting shrimp in the Northwest Region as a
				  food shrimp producer shall comply with the requirements specified in this
				  rule.
(1) Allowable Gear - No person
				shall harvest shrimp in the nearshore and inshore Florida waters of the region
				as a food shrimp producer with any type of gear other than:
(a) A roller frame trawl meeting the
				following specifications:
1. Neither the upper
				nor lower horizontal beam on a roller frame trawl so used is greater than 16
				feet in length.
2. The vertical
				bars shielding the trawl opening are spaced no further than 3 inches
				apart.
3. No more than two such
				trawls, unconnected, shall be towed by a single vessel at any time.
4. The netting of the trawl shall be no
				larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.011 - Big Bend Region Food Shrimp Production Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
Each person harvesting shrimp in the Big Bend Region as a
				  food shrimp producer shall comply with the requirements specified in this
				  rule.
(1) Allowable Gear - No person
				shall harvest shrimp in the region as a food shrimp producer with any type of
				gear other than a roller frame trawl meeting the following specifications:
(a) Neither the upper nor lower horizontal
				beam on a roller frame trawl so used is greater than 16 feet in length. If used
				in nearshore or inshore Florida waters of the region, the netting of the trawl
				shall be no larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
(b) The vertical bars
				shielding the trawl opening are spaced no further than 3 inches
				apart.
(c) No such trawl shall have
				a mesh size less than 3/4 inch bar measurement in the body of the net and 5/8
				inch bar measurement in the cod end.
(d) In the nearshore and inshore Florida
				waters of the region, no more than two such trawls, unconnected, shall be towed
				by a single vessel at any time. In all other waters of the region, no more than
				four such trawls shall be towed by a single vessel at any
				time.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.012 - Southwest Region Food Shrimp Production Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
Each person harvesting shrimp in the Southwest Region as a
				  food shrimp producer shall comply with the requirements specified in this
				  rule.
(1) Allowable Gear - No person
				shall harvest shrimp in the nearshore and inshore Florida waters of the region
				as a food shrimp producer with any type of gear other than:
(a) A roller frame trawl meeting the
				following specifications:
1. Neither the upper
				nor lower horizontal beam on a roller frame trawl so used is greater than 16
				feet in length.
2. The vertical
				bars shielding the trawl opening are spaced no further than 3 inches
				apart.
3. No more than two such
				trawls, unconnected, shall be towed by a single vessel at any time.
4. The netting of the trawl shall be no
				larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.013 - Southeast Region Food Shrimp Production Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall harvest shrimp in the
				nearshore and inshore Florida waters of the Southeast Region as a food shrimp
				producer with any type of gear other than:
(a)
				A wing net meeting the following specifications:
1. No wing net shall have an opening larger
				than 28 feet around the perimeter.
2. No more than two unconnected wing nets
				shall be attached to or fished from a single vessel.
3. No wing net shall be fished by towing or
				dragging it over the bottom.
4.
				Each wing net shall be no larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0135 - Southeast Region: Biscayne Bay (Dade County) Food Shrimp Production Season and Weekly Closures

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				engage in food shrimp production in any waters of the Southeast Region in Dade
				County, except during the open season for such production. The open season
				shall begin on November 1 each year and continue through May 31 of the
				following year, subject to the weekly closures specified in subsection
				(2).
(2) During the open season
				specified in subsection (1), no person shall engage in food shrimp production
				in any waters of the Southeast Region in Dade County during the period each
				week beginning at 6:00 a.m. on Saturday and ending at 6:00 a.m. on
				Sunday.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-2-99, Amended
					 12-21-00.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0136 - Southeast Region: Food Shrimp Production Closed Area (Portion of Monroe County)

Current through Reg. 50, No. 138; July 16, 2024
Harvest of food shrimp is prohibited in all waters within the
				  following described area: Begin at a point of latitude 24°41'54" North and
				  longitude 81°40'30" West near Snipe Point in Monroe County; thence go North
				  35°53'16" West approximately 9 nautical miles to a point of approximate
				  latitude 24°41'55" North and longitude 81°46'15" West, 3 marine leagues
				  seaward of Snipe Point; thence easterly and northerly following a line which is
				  3 marine leagues seaward of the mean low-water line of the seawardmost points
				  in Florida Bay and the Gulf of Mexico to a point at latitude 26°00'00"
				  North and approximate longitude 81°56'30" West; thence east to a point on
				  the mean high-water line at latitude 26°00'00" North and approximate
				  longitude 81°44'06" West; thence southerly and easterly along the mean
				  high-water line of the Florida mainland to its intersection with the westerly
				  right-of-way of the US Highway 1 bridge in Long Sound; thence follow the
				  westerly and northern right-of-way of US Highway 1 to a point on Saddlebunch
				  Key latitude 24°37'06" North and approximate longitude 81°36'42" West;
				  thence on a straight line to the point of beginning.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-1-05.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.014 - Northeast Region Food Shrimp Production Gear Specifications

Current through Reg. 50, No. 138; July 16, 2024
Each person harvesting shrimp in the Northeast Region as a
				  food shrimp producer shall comply with the requirements specified in this
				  rule.
(1) Allowable Gear - Except as
				provided for Volusia County in paragraph
				68B-3.008(3)(f),
				F.A.C., no person shall harvest shrimp in the nearshore and inshore Florida
				waters of the region as a food shrimp producer with any type of gear other
				than:
(a) A roller frame trawl meeting the
				following specifications:
1. Neither the upper
				nor lower horizontal beam on a roller frame trawl so used is greater than 16
				feet in length.
2. The vertical
				bars shielding the trawl opening are spaced no further than 3 inches
				apart.
3. No more than two such
				trawls, unconnected, shall be towed by a single vessel at any time.
4. The netting of the trawl shall be no
				larger in mesh area than specified by subsection
				68B-31.0035(2),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.015 - Northeast Florida Shrimping: Definition (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 1-1-92, Amended 1-1-96, Formerly 46-31.015, Repealed
					 12-15-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0155 - Northeast Florida Shrimping: Closed Season; Allowable Harvest Days; Commercial Food Shrimp Production License and Transferability; Closed Areas

Current through Reg. 50, No. 138; July 16, 2024
The following provisions shall apply in all inland waters of
				  Nassau, Duval, St. Johns, Putnam, Flagler, and Clay counties.
(1) No person shall harvest any shrimp during
				the months of April and May each year.
(2) The use of a trawl by either a live bait
				shrimp producer or food shrimp producer shall be limited to the daylight
				hours.
(3) Notwithstanding the
				prohibitions contained in Sections
				379.247(4)(c) and
				(7)(a), F.S.,
(a) The taking of food shrimp shall not take
				place on Saturdays or Sundays.
(b)
				Except for the Friday after Thanksgiving, the taking of food shrimp shall not
				take place on legal state holidays. For the purposes of this subsection, "legal
				state holidays" means the paid holidays observed by all state agencies pursuant
				to Section 110.117(1),
				F.S.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0156 - Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the intent of this rule to effect
				the repeal of and replace Section
				370.156, F.S. (1995). The Marine
				Fisheries Commission has determined that the repeal and replacement of this
				statutory provision will not adversely affect the shrimp resources of the
				counties of the Florida East Coast Shrimp Bed or of the State of
				Florida.
(2)
(a) Except as provided in paragraph (b), no
				person shall operate as a food shrimp producer during the months of April or
				May each year in any waters of the Florida East Coast Shrimp Bed.
(b) Paragraph (a) shall not apply to any
				person operating as a food shrimp producer during these two months in state
				waters east of a line extending from 81°20.950'W Longitude and
				30°26.658'N Latitude and continuing to 81°20.325'W Longitude and
				30°21.469'N Latitude.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.0157 - East Coast: Night Trawling Prohibited; Exception

Current through Reg. 50, No. 138; July 16, 2024
No person shall harvest or attempt to harvest shrimp in or
				  from Florida waters in any county whose coastal boundary borders solely on the
				  Atlantic Ocean by use of a trawl during night hours except during the months of
				  June, July, and August.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-1-05.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.016 - Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of this rule and Section
				379.246, F.S., Tortugas Shrimp
				Beds are described as follows: Begin at a point located at 25°52.904'N,
				81°37.933'W (Coon Key Light in Collier County); thence proceed on a
				straight line to a point which is located at 24°50.700'N, 81°51.300'W;
				thence proceed on a straight line to a point located at 24°39.996'N,
				82°26.650'W (New Grounds Shoals Light); thence proceed on a straight line
				to a point located at 24°34.727'N, 82°35.445'W (Rebecca Shoal Lighted
				Buoy 4); thence proceed on a straight line due east to a point located at
				24°35.100'N, 82°13.200'W; thence proceed along the Florida waters
				boundary to a point located at 24°27.200'N, 81°58.900'W; thence proceed
				due east to a point located at 24°27.349'N, 81°52.638'W (Sand Key
				Light); thence proceed northerly to a point located at 24°32.655'N,
				81°48.309'W (Whitehead Spit); thence along the south and east meandered
				shoreline of the Florida Keys and the connecting viaducts between said Keys to
				a point located at 25°01.120''N, 80°30.000'W; thence north until a
				point on the mainland at 25°12.090''N, 80°30.000'W; thence proceed west
				and north along the coast of the mainland of Florida until a point located due
				north of Coon Key Light in Collier County at 25°56.521'N, 81°37.933'W;
				thence due south to a point located at 25°52.904'N, 81°37.933'W (Coon
				Key Light), the point of beginning.
(2) No person shall operate as a food shrimp
				producer within the area known as the Tortugas Shrimp Beds, except as may be
				specifically authorized by federal regulations for the portion of the area
				lying in federal Exclusive Economic Zone (EEZ) waters. Within state waters of
				the Tortugas Shrimp Beds, possession aboard a vessel of more than 5 gallons of
				dead shrimp, heads on or off, simultaneously with the deployment of any shrimp
				trawl from the vessel shall constitute a violation of this
				subsection.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter
					 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law
					 Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as
					 amended by Chapter 84-121, Laws of
					 Fla.
New 1-1-92, Amended 3-1-95, 7-15-96, Formerly 46-31.016,
					 Amended 4-13-17, 5-31-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.017 - Big Bend Region Closed Areas; Seasonal Closures

Current through Reg. 50, No. 138; July 16, 2024
(1) No food shrimp producer or live bait
				shrimp producer shall harvest shrimp in the areas of Wakulla, Jefferson,
				Taylor, Dixie, Levy, Citrus, Hernando, and Pasco Counties landward of the line
				described as:
Beginning at Bailey's Bluff in Pasco County (Point A); thence
				  northerly to Point B; thence northeasterly to Point C; thence northerly to
				  Point D; thence northeasterly to Point E; thence northerly to Point F; thence
				  northwesterly to Point G; thence northerly to Point H; thence northwesterly to
				  Point I; thence northerly to Point J; thence northwesterly to Point K; thence
				  southwesterly to Point L; thence northwesterly to Point M; thence northerly to
				  Point N; thence northwesterly to Point O; thence northerly to Point P; thence
				  northwesterly to Point Q; thence northerly to Point R; thence northwesterly to
				  Point S; thence southwesterly to flashing channel marker #1 in St. Marks
				  Channel; thence northerly to the St. Marks Lighthouse. Points B, C, D, E, F, G,
				  H, I, J, K, L, M, N, O, P, Q, R, and S are expressed as follows by longitude
				  and latitude:
North
West
Point
Latitude
Longitude
B
28°16.68'
82°47.21'
C
28°18.28'
82°45.68'
D
28°26.93'
82°45.95'
E
28°28.43'
82°44.49'
F
28°43.53'
82°45.22'
G
28°44.38'
82°46.71'
H
28°57.91'
82°47.53'
I
28°59.41'
82°50.41'
J
29°03.28'
82°50.66'
K
29°06.91'
82°57.81'
L
29°03.38'
83°01.42'
M
29°07.30'
83°08.78'
N
29°22.98'
83°15.89'
O
29°29.58'
83°26.72'
P
29°38.25'
83°26.66'
Q
29°43.36'
83°34.39'
R
29°52.40'
83°40.11'
S
30°00.04'
84°07.63'
(2)
				No person shall harvest shrimp in the Big Bend Region as a food shrimp producer
				during the period beginning July 1 and continuing through August 31 of each
				year.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 11-29-93, Formerly 46-31.017, Amended 7-9-02,
					 5-1-22.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.018 - Northwest Region Closed Areas; Repealed Special Acts

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to public hearings held in the
				affected counties on June 26, 27, and 29, 1989, as required by paragraph (5)(d)
				of section (2) of Chapter 83-134, Laws of Florida, and after making specific
				findings of fact required by the same provision, the Marine Fisheries
				Commission hereby repeals the following special acts, or portions thereof,
				which were made rules of the Department of Environmental Protection (formerly
				the Department of Natural Resources) by section 2, subsection (5) of Chapter
				83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida:
(a) Subsections (2), (3), (4), (5), (6), (8),
				(9), (10), (11), and (13) of Section 4 of Chapter 65-905, Laws of Florida, as
				amended by Chapters 68-77 and 76-380, Laws of Florida. Applicable to Wakulla,
				Franklin, and Gulf Counties, these provisions of the special acts deal with
				prescribed shrimp count, shrimping gear specifications, State Board of
				Conservation authority to close areas to shrimping, and a prescribed shrimp
				sampling regime.
(b) Chapter
				67-1063, Laws of Florida, as amended by Chapter 81-377, Laws of Florida.
				Applicable to Franklin County, these special acts deal with prescribed shrimp
				count, sampling regime, and areas and times for shrimping.
(c) Chapter 72-546, Laws of Florida, as
				amended by Chapter 79-460, Laws of Florida. Applicable to Franklin County,
				these special acts provide for open and closed seasons for shrimp harvest east
				of the Bryant Patton Bridge in Apalachicola Bay and St. George
				Sound.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-31 - SHRIMP › Section 68B-31.019 - Regulation of Shrimp Fishing in Tampa Bay; License Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall operate as a food shrimp
				producer in any waters of Tampa Bay unless such person has procured from the
				Fish and Wildlife Conservation Commission a dead shrimp production permit
				issued pursuant to this rule.
(2)
				No permit will be issued and no permit will be renewed except those permits
				issued in the base year of 1992. A food shrimp production permit will be
				renewed and issued to persons qualified pursuant to the following criteria:
(a) Each applicant for renewal shall make
				application prior to June 30 each year on a form provided by the Commission
				(DMF-SL3100 (3-05), Food Shrimp Production Permit Application, incorporated
				herein by reference).
(b) One
				permit is required for each vessel used for food shrimp production in the
				waters of Tampa Bay. A permit shall be renewable only by an individual who is
				the principal owner of the vessel or of the business entity owning the vessel
				and utilizing the permit. No more than three permits shall be issued to any
				individual.
(c) Each application
				shall be accompanied by fees as provided in Section
				379.369, F.S.
(d) Each applicant for renewal shall make
				application prior to June 30 each year, and shall hold any other license or
				registration required to operate a commercial fishing vessel in Tampa Bay on
				the date of application.
(e) The
				number of permits outstanding in any one year shall not exceed the number
				issued in 1992.
(f) No permit shall
				be transferable by any method, including devise or inheritance, and a permit
				shall be renewable only by the initial holder thereof.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-32 - TARPON › Section 68B-32.001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
The purpose and intent of this rule is to manage tarpon as a
				  catch and release only fishery in recognition and in honor of the rich cultural
				  heritage of sport fishing for tarpon in Florida waters.
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-32 - TARPON › Section 68B-32.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 68B-32, F.A.C.:
(1) "Professional fishing guide" means the
				captain or operator of a boat or vessel who is licensed by the U.S. Coast Guard
				to carry paying passengers and whose passengers pay a fee to fish for
				tarpon.
(2) "Snagging" or "snatch
				hooking" means the intentional catch of a tarpon by any device intended to
				impale or hook the tarpon by any part of its body other than the mouth, or
				catching or attempting to catch a tarpon in any manner or method other than
				enticing or attracting a tarpon to strike with, and become hooked in, its
				mouth.
(3) "Tarpon" means a fish of
				the species
Megalops atlanticus
, or any part
				thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 11-30-88, Amended 1-1-98, Formerly 46-32.002, Amended
					 3-28-04, 9-1-13, 11-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-32 - TARPON › Section 68B-32.003 - Size Limits

Current through Reg. 50, No. 138; July 16, 2024
There are no size limits for tarpon as tarpon is a catch and
				  release fishery.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 11-30-88, Amended 11-1-89, 10-1-90, 12-4-91, 11-26-92,
					 11-29-93, 1-1-95, 1-1-96, 11-27-96, 11-12-97, 11-16-98, Formerly 46-32.003,
					 Amended 3-1-05, 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-32 - TARPON › Section 68B-32.004 - Restrictions on Possession of Tarpon; Commercial Harvest Prohibited

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in rule
				68B-32.009, F.A.C., a person may
				not harvest or unnecessarily destroy a tarpon within or without Florida
				Waters.
(2) Temporary Possession by
				a Recreational Harvester -
(a) Except as
				provided in rule 68B-32.009, F.A.C. and paragraph
				(2)(b), a recreational harvester may not possess a tarpon within or without
				Florida Waters.
(b) A person may
				temporarily possess a tarpon within or without Florida Waters only for the
				purposes of photography, measuring length and girth, and taking a scientific
				sample.
1. Except as provided in rule
				68B-32.009, F.A.C. a
				recreational harvester who temporarily possesses a tarpon pursuant to this
				subsection shall release the tarpon alive and unharmed, immediately after
				photographing, measuring, or taking a scientific sample.
2. Except as provided in rule
				68B-32.009, F.A.C. a
				recreational harvester who temporarily possesses a tarpon pursuant to this
				subsection shall release the tarpon in the immediate area where the tarpon was
				caught.