Gear Specifications and Prohibited Gear

Repeals a statutory provision that prevents the D.N.R. from issuing special activity licenses for the experimental use of alternative shrimp fishing gear.

GEAR SPECIFICATIONS AND PROHIBITED GEAR - Emergency Rule, CH 46ER91-1, F.A.C. (Effective February 12 - May 13, 1991)

Prohibits the use of any gill or trammel net with a total length greater than 600 yards, allows no more than two such nets to be possessed aboard any boat at any time and no more than one such net to be used from a single boat, and requires the net to be tended and marked according to certain specifications in the waters of Brevard through Palm Beach counties.

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective March 20, 1991)

Prohibits the use of gill nets in state waters with a mesh size greater than 6 inches stretched mesh.

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective July 4, 1991)

In all waters of Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties:

·         Prohibits the use of any gill or trammel net with a total length greater than 600 yards

·         Allows no more than two nets to be possessed aboard any boat at any time

·         Allows no more than one net to be in the water at any time

·         Requires nets to be tended during a soak time lasting no more than one hour

·         Prohibits the attachment of two or more gill or trammel nets together if the total length of the joined nets exceeds 600 yards

·         Requires nets to be marked and lighted according to certain specifications

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective March 1, 1992)

·         Requires each net fished with, set, or placed in the water to be tended

·         "Tend" is defined as a person fishing either within 300 yards of the net and using vessel movement and noise to force fish into the net, or within 50 yards of the net and visible from the net if the vessel used is not in constant motion, or the person fishing is physically present at the net if the net is fished from shore or from a structure attached to the shore (until April 30, 1994, persons using nets in state waters seaward of the Colregs Demarcation Line in Nassau, Duval, and St. Johns counties are exempt from these requirements January through April each year)

·         Requires that each net fished with, set, or placed in the water one hour before sunrise through one hour after sunset have affixed at each end of the net cork line either an international orange float with a diameter of at least 12 inches or an end buoy equipped with a high flier (a vertical rod rising at least 24 inches above the water) displaying a triangular net signal flag no smaller than 12" X 18" X 18" with a white circle at least 6 inches in diameter on a field of bright orange, and one hour after sunset through one hour before sunrise have a white light affixed at each end of the net cork line visible 360 degrees from a distance of not less than one mile (note - markings are not necessary any time one end of a net is retained aboard a vessel while fishing); requires corks or floats of contrasting colors to be affixed along the net cork line at no greater than 100-yard intervals at all times

·         Requires all markers described above to be marked with the vessel or operator's saltwater products license

·         Defines "net" as any gill or trammel net or seine (except purse seines), for purposes of this rule

·         Exempts persons using gill and trammel nets in Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties from the rule provisions described above - these persons shall comply with Rule 46-4.007, Florida Administrative Code, now in effect

·         Repeals Chapter 370.082, Florida Statutes (relates to current net tending and marking requirements in several Florida counties)

·         Prohibits all persons from intentionally discarding any monofilament fishing line or netting into state waters; requires such material to be stored safely on vessels and disposed of on land; encourages designation of a disposal container aboard all vessels for proper disposal of monofilament fishing line and netting, and for any other nondegradable material

·         Prohibits the use of any gasoline or electric motorized vessel to harvest any fish in Lake Avoca in Pinellas County

·         Prohibits fishing with nets other than a cast net or landing or dip net in the Faka Union River (or Canal)

·         Repeals Chapters 19704, 28996, and 57-1794, Laws of Florida

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective November 26, 1992)

Establishes the criteria for Special Activity Licenses to be issued to persons using non-conforming fishing gear to allow for gear innovation, provide for public health, safety, and welfare, and for scientific research purposes.

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective January 1, 1993)

·         Requires hook and line gear to be continually tended

·         Prohibits soaking a net for more than one hour, beginning when the first mesh is placed in the water and ending either when the first mesh is retrieved back aboard the vessel or on shore or the gathering or pursing of the net is begun to facilitate retrieval back aboard the vessel, whichever occurs sooner; once either the first mesh is retrieved back aboard the vessel or on shore or the gathering or pursing is begun, the netting operation shall be continuous until the net is completely removed from the water

·         Sets a maximum mesh size for seines at 2 inches stretched mesh, excluding the wings

·         Sets a minimum mesh size for gill and trammel nets at 3 inches stretched mesh, beginning January 1, 1995

·         Sets a maximum length of 600 yards for all gill and trammel nets and seines

·         Allows only a single net to be fished by any vessel or individual at any time

·         Allows no more than two nets to be in possession on a vessel, and requires that the two nets have stretched mesh sizes that differ by at least 1/4 inch or depths that differ by at least 25 meshes

·         Prohibits the use of powerheads in state waters except for personal protection; the possession of fish which have been harvested with explosive devices on any vessel fishing or at rest in state waters will be deemed prima facie evidence that such fish have been harvested in state waters

·         Prohibits the use of spotter airplanes to assist the harvest of any species other than Spanish mackerel during the unlimited harvest segment and species allowed to be harvested by purse seines

·         Requires all persons using gill and trammel nets, and seines exceeding either 100 feet in length, 4 feet in depth, or 3/8 inch mesh size to obtain a saltwater products license

·         Prohibits the use of longline gear

·         Repeals, modifies, or readopts numerous local laws and special acts regarding the use of fishing gear in Florida

GEAR SPECIFICATIONS AND PROHIBITED GEAR - PANHANDLE REGION, CH 46-4, F.A.C. (Effective March 16, 1993)

·         Defines the Panhandle Region as the area between the Gulf/Franklin county border and the Florida/Alabama border

·         Prohibits the use of all nets (except cast nets) in Lake Powell, Johnson Bayou, Pretty Bayou, Callaway Bayou, Mill Bayou, Sandy Creek, and Doty's Cove in Bay County; in Lake Pippin in Okaloosa County; in Blackwater Bay north of Interstate Highway 10 in Santa Rosa County; and in Lake Wimico and certain tributaries in Gulf County

·         Allows recreational fishermen to use gill nets smaller that 300 feet in length with a mesh size larger than 3 inches stretched mesh to harvest mullet until January 1, 1995 in this region

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective April 12, 1993)

Restores an exemption to persons fishing with nets seaward of the Colregs Demarcation line during the months of January through April each year (until May 1, 1994) in Nassau, Duval, and St. Johns counties from the one hour soak time provision in CH 46-4, F.A.C.

GEAR SPECIFICATIONS AND PROHIBITED GEAR - SOUTHWEST FLORIDA PURSE SEINE RESTRICTIONS, CH 46-4, F.A.C. (Effective July 1, 1993)

Allows the use of purse seines in the Tampa Bay area (Pinellas, Hillsborough, and Manatee counties) in state waters beyond 3 miles offshore of the COLREGS line only.  This rule also repeals local purse seine gear restrictions in this area and establishes a maximum purse seine length of 600 yards with a maximum depth of 1,500 meshes in the allowable area.

GEAR SPECIFICATIONS AND PROHIBITED GEAR - SPECIAL ACTIVITY LICENSES FOR NONCONFORMING GEAR, CH 46-4, F.A.C. (Effective September 1, 1993)

Allows the issuance of a special activity license to persons harvesting fish for scientific purposes in non-conforming gear for sale to nonprofit institutions.

GEAR SPECIFICATIONS AND PROHIBITED GEAR - BIG BEND GEAR SPECIFICATIONS: RECREATIONAL NET FISHING, CH 46-4, F.A.C. (Effective September 1, 1993)

Allows recreational fishermen to use a gill net with a maximum length of 100 yards with a minimum 3 inches stretched mesh in the Big Bend Region to harvest mullet until January 1, 1995.

GEAR SPECIFICATIONS AND PROHIBITED GEAR - SOUTHWEST FLORIDA GEAR SPECIFICATIONS, CH 46-4, F.A.C. (Effective September 1, 1993)

·         Defines the Southwest Region to include Collier through Pinellas counties

·         Prohibits the use of gill and trammel nets in any bayou, river, creek, or tributary of the Estero River, Hendry Creek, Imperial River from headwaters to Fishtrap Bay, Myakka River from State Road 776 north to County Road 780, Gordon River north of U.S. Highway 41, Hillsborough River, and Alafia River; and, along with cast nets, in a specified area of Blind Pass and Dinken (also known as Jenkins) Bayou from November 1 - January 31 each year

·         Prohibits the use or possession of all gill and trammel nets aboard any vessel with a motor (gasoline, diesel, or electric) in the "Ding" Darling National Wildlife Refuge/Sanibel Island Conservation Zone; in addition, the use of motorized vessels to assist in the harvest of fish in this zone is prohibited; the harvest of fish with hook and line gear or cast nets aboard any vessel under internal combustion power in this zone is also prohibited

·         Allows tended wing ding nets to be used under certain conditions with a maximum 12 hour soak time outside the COLREGS line in Manatee to Collier counties

GEAR SPECIFICATIONS AND PROHIBITED GEAR - EAST CENTRAL COAST GEAR SPECIFICATIONS - Emergency Rule, CH 46ER93-1, F.A.C. (Effective October 12, 1993 - January 10, 1994)

·         Establishes a conservation zone for green sea turtles to include all state waters between Sebastian Inlet and Jupiter Inlet outside the Colregs line at all times

·         Allows only one gill net (maximum length of 600 yards) aboard a vessel, with zero net soak time, in the    conservation zone

·         Prohibits the use of trammel nets in the conservation zone

·         Prohibits the use of all gill and trammel nets and seines in Martin County in all inland waters south of the St. Lucie Inlet to the State Road 708 bridge and waters of the St. Lucie River, North and South Forks, west of the U.S. Highway 1 (Roosevelt) Bridge

 GEAR SPECIFICATIONS AND PROHIBITED GEAR - EAST CENTRAL COAST GEAR SPECIFICATIONS, CH 46-4, F.A.C. (Effective January 23, 1994)

Makes the emergency rule provisions described above permanent.

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective July 18, 1994)

Clarifies that statewide net marking requirements are intended to apply to the east central coast of Florida.

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective January 3 - June 30, 1995)

In all state waters from Ponce de Leon Inlet to Jupiter Inlet outside the Colregs Demarcation Line:

·         Prohibits the use of all gill nets, trammel nets, and seines one hour after sunset to one hour before sunrise

·         Allows only one gill net (maximum length of 600 yards) aboard a vessel, with zero net soak time, at all other times

·         Prohibits the use of trammel nets at all times

 

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective September 30, 1996)

Rule amendments and the repeal of obsolete rules that conform current fishing gear rules with Constitutional provisions.  Rules affected include local laws, gear, Spanish mackerel, black drum, and marine life species.

 

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective January 1, 1997)

·         Allows the use from a single vessel of no more than 2 cast nets (each with a radius of no more than 12 feet, 7 inches) in nearshore and inshore state waters

·         Prohibits the use of rebreathers to aid the harvest of any marine species

·         Conforms various gear rule definitions with Constitutional provisions

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective April 27, 1998)

·         Prohibits the use of any seine with a mesh size larger than 2 inches stretched mesh

·         Deletes obsolete net gear provisions

·         Conforms certain gear rules to constitutional and statutory provisions

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective December 2, 1999)

Specifies that a legal cast net can have a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 1, 2001)

Prohibits spearfishing of marine species in freshwater.

 GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 1, 2001)

Removes some potential barriers to net fishing by persons with disabilities.

 

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 1, 2003)

·         Clarifies and re-adopts certain provisions that implement prohibitions of the net limitation amendment

·         Prohibits the transport of illegal nets in state waters (unless the transport of such nets is direct, continuous and expeditious from where the vessel is moored to where the use of such nets is legal)

·         Specifies that any auxiliary vessels used in conjunction with a primary vessel must be commercially registered and eight feet long or longer

·         Prohibits possession of more than four seines aboard a vessel (including the primary vessel and any other vessel being transported or towed)

(NOTE:  The rules include certain exceptions for docked vessels meeting specified length requirements, vessels transporting dry nets that are stored to make their immediate use impracticable, vessels using nets in a licensed aquaculture operation and vessels containing or transporting trawl nets, as long as the frame or trawl doors are not deployed.

 

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 15, 2004)

Prohibits possession of trap pullers on all commercial and recreational vessels that do not have a Saltwater Products License with an accompanying lobster, stone crab or blue crab endorsement or a federal fish trap permit (except as an accommodation under the Americans with Disabilities Act).

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 1, 2004)

• Limits the number of fishing lines/rods used per boat to fish for any species of fish in Boca Grande Pass to no more than three during April, May and June
  
• Prohibits use of breakaway gear to harvest any fish in Boca Grande Pass during April, May and June - breakaway gear is defined to mean any bob, float, weight, lure or spoon that is affixed to a fishing line or hook with wire, line, rubber bands, plastic ties or other fasteners designed to break off when a fish is caught

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective January 3, 2005)

Allows the use of trap pullers on vessels harvesting from aquaculture leases or pursuant to a federal live rock permit (no wild-caught regulated species may be possessed aboard the vessel).

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective July 1, 2005)

Incorporates constitutional and statutory net fishing provisions into FWC rules, and creates net measurement and net construction specifications