Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-3 - LOCAL LAWS › Section 68B-3.008 - Repeal, Amendment, and Readoption of Sections of Chapter 70-973, Laws of Florida (1970), as Amended by Chapter 73-652, Laws of Florida (1973), Volusia County Special Act

Current through Reg. 50, No. 138; July 16, 2024
(1) The Marine
				Fisheries Commission has determined that repeal and readoption of portions of
				Chapter 70-973, Laws of Florida (1970), as amended by Chapter 73-652, Laws of
				Florida (1973), a Volusia County Special Act, will not adversely affect the
				marine resources of Volusia County or of the State of Florida. The law provides
				for the regulation of fishing and fisheries-related activities in the
				saltwaters of Volusia County.
(2)
				Chapter 70-973, Laws of Florida (1970), as amended by Chapter 73-652, Laws of
				Florida (1973), a rule of the Department of Environmental Protection (formerly
				the Department of Natural Resources) pursuant to paragraph (5)(c) of Section 2
				of Chapter 83-134, Laws of Florida, is hereby repealed.
(3) This section intended to readopt certain
				provisions of Chapter 70-973, Laws of Florida (1970), as amended by Chapter
				73-652, Laws of Florida (1973), as a Commission rule. As of the effective date
				of this section, the aforesaid Chapter 70-973, Laws of Florida (1970), as
				amended by Chapter 73-652, Laws of Florida (1973), as readopted, shall read as
				follows:
(a) It is unlawful for any person,
				firm or corporation to harvest or attempt to harvest marine species of fish in
				the inland salt waters of Volusia County in any way or with any appliance other
				than with the ordinary cast net, rod and reel, pinfish trap meeting the
				specifications of paragraph
				68B-4.020(1)(f),
				F.A.C., or hook and line except as provided otherwise in Rule
				68B-3.008, F.A.C. Legal size
				flounders and sheepshead may be taken by the means of a barbed spear, with not
				more than three (3) prongs.
(b) It
				is unlawful for any person, firm or corporation to fish or cause to be fished
				with any haul seine, in any of the salt waters of Volusia County.
(c) It is unlawful to set or place any beach
				or haul seine within one hundred (100) yards of any bridge, pier, dock or other
				establishment.
(d) It is unlawful
				to dump any foul or refuse fish or any other litter of any type on the land or
				in the inland salt waters of Volusia County.
(e) It is unlawful, except as provided
				otherwise in this section, for any person to use any beach or haul seine in the
				catching of fish within five hundred (500) feet of the high water mark on the
				ocean beaches, in or adjacent to any municipality or within five hundred (500)
				feet of the jetties of any inlet, or within five hundred (500) feet of the line
				connecting the seaward ends of the jetties of any inlet or between the jetties
				of any inlet in Volusia County.
(f)
				Except as provided in this paragraph, shrimp harvest in Volusia County shall be
				conducted pursuant to Chapter 68B-31, F.A.C. The following requirements shall
				apply to shrimp harvest in all waters of Volusia County landward of the Colregs
				Demarcation Line:
1. Only recreational and
				live bait shrimp production shall be allowed in this area.
2. Wing nets, each with a perimeter no
				greater than 26 feet, landing or dip nets, push nets, and cast nets shall be
				the only form of allowable gear for live bait shrimp production in this
				area.
3. No person harvesting
				shrimp in this area shall conduct such harvest from a vessel under
				power.
4. Live bait shrimp
				production using wing nets is prohibited in this area from March 1 through June
				30 of each year.
(g) No
				person may stockpile on a lease oysters taken from approved public
				bars.
(h) No person, firm or
				corporation shall set or place, or cause to be set or placed, any trap for the
				taking of crabs for any purpose in the inland salt waters of Volusia County,
				unless such trap meets all the requirements of Rule Chapter 68B-45, F.A.C. A
				person may use traps for taking crabs for personal consumption if such person
				meets all the requirements for blue crab harvest with a trap for other than
				commercial purposes as established by Rule Chapter 68B-45, F.A.C. No trap may
				be abandoned or discarded in or along the shore of the waters of Volusia
				County. Not more than two hundred (200) crab traps shall be fished under one
				(1) permit. No buoyed crab traps shall be left unattended for more than
				seventy-two (72) hours, weather permitting. No buoyed crab traps shall be
				placed within one hundred (100) yards of any bridge or dock where fishing is
				legal from that bridge or dock except that persons with written permission of
				the owner of a dock may place legal traps closer to that
				dock.