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Approved Rules Summary

MARINE FISHERIES
APPROVED RULES SUMMARY
Prepared by Lee Schlesinger
Revised June 20, 2008

The following is an alphabetical summary of all the Marine Fisheries Commission (MFC) and subsequently, the Fish and Wildlife Conservation Commission (FWC) rules that have been adopted since the MFC's inception in 1983 and the FWC’s creation in 1999.  Many of these rules have been amended or modified numerous times.  Therefore, note effective dates for the most recent action.  The full text of all marine fisheries rules are listed in Chapter 68B of the Florida Administrative Code (F.A.C.) and may be accessed at this link - http://myfwc.com/marine/FWC68B.htm.  This is only a summary of rules promulgated by the MFC or the FWC.  Other saltwater fishing laws are referenced in Chapter 370, Florida Statutes, in various legislative special acts and local laws, and portions of Chapter 68, F.A.C.

NOTE: MFC rules appeared in Chapter 46 of the F.A.C.; all of these rules have been renumbered and are now published in Chapter 68B of the F.A.C. - references to Chapter 46, which appear throughout this listing, indicate the denotation at the time of the rule’s effective date.

AMBERJACK, CH 46-40, F.A.C. (see REEF FISH)

AQUACULTURE RULE PROVISIONS: TITLE 46, F.A.C. RULE REPEALS, (Effective November 27, 1996)

Deletes obsolete aquaculture provisions for hard clams, spiny lobster, and oysters.

BAITFISH TRAWL FISHERIES, CH 46-50, F.A.C. (Effective June 3, 1996)

  • Allows the use of baitfish trawls only seaward of the Colregs Demarcation Line in state waters of Escambia County through Wakulla County approximately south of St. Marks from April 1 through November 15 each year for a two year period, ending November 15, 1998
  • Defines a baitfish trawl as a net in the form of an elongated bag with the mouth kept open by various means and buoyed by floats so that it is fished and towed at or along the surface of the water and never on the bottom
  • Allows the use of baitfish trawls for the directed harvest of menhaden, round and Atlantic thread herrings, scaled, Spanish, and orangespot sardines, anchovies, round scad, chub mackerel, blue runner, and ladyfish only - a ten percent (by weight) bycatch allowance for nontargeted species harvested in baitfish trawls is also allowed
  • Allows baitfish trawls to be towed for no more than 30 minutes
  • Allows the use of no more than two baitfish trawls, each with a mesh area not greater than 500 square feet and a perimeter around the leading edge of the net not greater than 66 feet, to be fished or deployed from any vessel where allowed in all waters of the region
  • Prohibits the use of baitfish trawls with a mesh size less than 1 1/4 inches stretched mesh in the cod (tail) end, and prohibits the use of any liner or insert with a smaller mesh in the cod end

BAITFISH TRAWL FISHERIES - TARP PURSE SEINE PILOT PROGRAM: BAITFISH SEASON HARVEST LIMITS, CH 46-50, F.A.C. (Effective November 12, 1997)

This rule sets the following total annual (July 1 through June 30) allowable harvest levels to apply during a 3-year pilot program:
anchovy - 85,000 lbs.; blue runner - 508,000 lbs.; thread herring - 308,000 lbs.; ladyfish - 2,088,000 lbs.; chub mackerel - 72,000 lbs.; menhaden - 2,415,000 lbs.; Spanish sardines - 943,000 lbs.; round scad - 999,000 lbs.; little tunny - 392,000 lbs.

BALLYHOO, CH 68B-56, F.A.C. (Effective May 1, 2003)

  • Establishes a 10-box commercial vessel limit for fishermen who use lampara nets to harvest ballyhoo
  • Prohibits the commercial harvest of ballyhoo with a lampara net during August each year
  • Establishes a lampara net endorsement for qualified ballyhoo fishermen and a subsequent 5-year moratorium on endorsements after the initial allocations
  • Provides for qualifying endorsement criteria and an appeals process
  • Establishes a maximum daily vessel limit of 5 gallons of ballyhoo for persons who possess a saltwater products license without a lampara net endorsement
  • Establishes a maximum daily vessel limit of 10 gallons of ballyhoo for persons who do not possess a ballyhoo endorsement and harvest ballyhoo as an incidental bycatch in purse seines or lampara nets

BAY COUNTY LOCAL GEAR SPECIFICATION, CH 46-3.007, F.A.C. (Effective April 18, 1990)

Repeals a Bay County Special Act (Chapter 17493, Laws of Florida).

BAY COUNTY (WARREN BAYOU) - SEASONAL HARVEST CLOSURE, CH 46-5.003, F.A.C. (Effective March 16, 1993)

Prohibits all harvest of fish in Warren Bayou and its discharge canals in November, December, January, and February.

BAY SCALLOPS, CH 46-18, F.A.C. (Effective June 13, 1985)

  • Closed season (statewide): April 1 - June 30
  • Gear restrictions: Each drag or basket used for harvesting bay scallops shall be no more than 40 inches in width and 14 inches in height, and shall have a rounded "lip" or leading edge designed to prevent digging into or penetrating grass beds, and to prevent traveling below the bottom; bag attached to drag or basket shall be constructed of mesh, wire mesh, or equally lightweight substitute; no vessel may pull, tow, or propel more than 4 drags or baskets; harvesting of scallops by mechanical means prohibited in water depths less than 3 feet
  • Recreational bag limit: 5 gallons whole bay scallops in shell, or ½ gallon bay scallop meat per person per day
  • St. Joseph's Bay: Commercial and mechanical harvest of bay scallops prohibited in southern portion of bay July 1 through August 15, and each weekend August 16 through Labor Day weekend

BAY SCALLOPS, CH 46-18, F.A.C. (Effective July 1, 1994)

Allows the recreational harvest of bay scallops only from July 1 through September 30, and only in state waters north of the Suwannee River to the Alabama border. All other harvest of bay scallops statewide is prohibited, and the commercial harvest and sale of bay scallops is prohibited statewide at all times.

BAY SCALLOPS, CH 46-18, F.A.C. (Effective March 1, 1995)

  • Establishes a July 1 - August 31 recreational harvest season for bay scallops in state waters north and west of the Suwannee River only (all other state waters are closed to the harvest of bay scallops through the1997 season)
  • Establishes a daily recreational bag limit of 2 gallons of unshucked bay scallops per person (or 1 pint of shucked bay scallop meat), or 10 gallons per vessel (or ½ gallon of shucked bay scallop meat), whichever is less
  • Prohibits all commercial harvest and sale of bay scallops
  • Prohibits the use of mechanical devices (including shrimp trawls) and drags to harvest bay scallops
  • Establishes exemptions for bay scallop aquaculture and enhancement projects

BAY SCALLOPS, CH 46-18, F.A.C. (Effective July 1, 1997)

Continues the current bay scallop management plan indefinitely, and adds the first 10 days of September to the July/August open season in allowable harvest areas beginning in 1997.

BAY SCALLOPS, CH 68B-18, F.A.C. (Effective June 2, 2002)

Reopens the recreational harvest of bay scallops in state waters between the Suwannee River and the Pasco-Hernando county line and prohibits harvest of bay scallops west of the Mexico Beach Canal.

BILLFISH (MARLIN, SAILFISH, SPEARFISH), CH 46-33, F.A.C. (Effective March 31, 1988)

  • Possession limit: One per person
  • Sale: Prohibited
  • Gear restrictions: Only by hook and line, and possession of billfish aboard vessels fishing with gill or trammel nets or longline gear in state waters is prohibited (NOTE: Exceptions are made to allow wholesale or retail seafood businesses or restaurants that smoke billfish for individuals, and taxidermists who mount billfish for the harvester, to possess more than one)

BILLFISH (MARLIN, SAILFISH, SPEARFISH), CH 68B-33, F.A.C. (Effective August 26, 1999)

  • Establishes a lower jaw fork length minimum size limit of 99 inches for Atlantic blue marlin, 66 inches for Atlantic white marlin, and 63 inches for west Atlantic sailfish
  • Prohibits retention of longbill, Mediterranean, and roundscale spearfish from Florida waters

BILLFISH (MARLIN, SAILFISH, SPEARFISH, SWORDFISH), CH 68B-33, F.A.C. (Effective October 1, 2002)

  • Includes swordfish in the Billfish rule chapter
  • Requires persons who sell swordfish in Florida to possess a valid Florida Saltwater Products License and a federal Limited Access Permit for swordfish
  • Establishes a minimum size limit for all swordfish taken from state waters of 47 inches lower jaw fork length, or 29 inches cleithrum to keel length, or 33 pounds dressed weight

BILLFISH (MARLIN, SAILFISH, SPEARFISH, SWORDFISH), CH 68B-33, F.A.C. (Effective April 2, 2003)

  • Establishes a daily one-fish bag and on-the-water possession limit per person for recreationally harvested swordfish
  • Establishes a recreational vessel possession limit of 3 swordfish
  • Requires recreational anglers to report all non-tournament landings of billfish and swordfish as mandated in federal rules
  • Requires all billfish to be landed in a whole condition

BISCAYNE BAY/CARD SOUND SPINY LOBSTER SANCTUARY, CH 46-11, F.A.C. (Effective July 3, 1984)

Sets aside an area in Dade and Monroe counties where the harvest of spiny lobsters is prohibited all year.

BLACK DRUM, CH 46-36, F.A.C. (Effective July 1, 1989)

  • Designated as a "restricted species"
  • Minimum size limit: 14 inches
  • Maximum size limit: 24 inches; recreational harvesters may harvest and possess one black drum per day longer than 24 inches; the possession, landing, and sale of black drum longer than 24 inches in length by persons engaged in commercial harvest is prohibited
  • Bag limit: 5 per day
  • Commercial vessel limit: 500 pounds per day
  • Prohibits the use of multiple hooks in conjunction with natural bait and snatch hooking
  • Fish must be landed in a whole condition

BLACK DRUM, CH 46-36, F.A.C. (Effective August 31, 1998)

Allows shore fishermen who possess a valid saltwater products license with a restricted species endorsement to harvest the commercial limit for black drum.

BLACK DRUM, CH 68B-36, F.A.C. (Effective July 1, 2006)

Provides that, for purposes of determining the legal size of black drum, "total length" means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

BLUE CRAB, CH 46-45, F.A.C. (Effective January 1, 1994)

  • Designates blue crab as a "restricted species" effective January 1, 1995
  • Retains the current minimum size limit of five inches for hard blue crab commercial harvest
  • Repeals the 10 percent tolerance for undersized blue crabs
  • Allows a bycatch possession limit of 200 pounds of blue crabs per trip on shrimp trawls
  • Allows an incidental bycatch of blue crabs not higher than the recreational bag limit with all other nonconforming gear
  • Allows roller frame trawls to harvest no more than the recreational bag limit of undersized blue crabs as an incidental bycatch; such blue crabs shall be used as live bait only
  • Allows the incidental harvest of blue crabs with legal gear fished in fresh water
  • Specifies that the only gear allowed to be used to harvest blue crabs in state waters include legal traps, dip nets, drop nets, fold-up or star traps, hook and line gear, push scrape, and trot line
  • Specifies that all traps used to harvest blue crabs have maximum dimensions of 24" X 24" X 24" or 8 cubic feet in volume (beginning January 1, 1995), be constructed of wire with a minimum mesh size of 1½ inches for hard blue crabs (1 inch for peeler crab traps), have the throat(s) located only on a vertical surface, contain at least one unobstructed escape ring with a minimum inside diameter of two inches (except peeler crab traps), and buoys and lines of certain specifications
  • Requires all traps used to harvest blue crabs to have a degradable panel, beginning January 1, 1995
  • Specifies that all buoys attached to blue crab traps be at least 6 inches in diameter and be made of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene
  • Requires commercial harvesters to affix their blue crab endorsement license number to each buoy in legible figures at least two inches high, and to display the buoy color and license number on the boat used to set this gear
  • Requires each trap used by recreational blue crab harvesters to be marked with the harvester's name and address and each buoy attached to such trap to be marked with the letter "R"; buoys are not required on traps fished from docks
  • Requires peeler crabs to be kept in a separate container from other blue crabs
  • Prohibits all harvest and possession of egg-bearing blue crabs
  • Establishes a daily recreational bag limit of 10 gallons of blue crabs
  • Allows traps used to harvest blue crabs and peeler crabs to be worked during daylight hours only

BLUE CRAB, CH 46-45, F.A.C. (Effective June 1, 1994)

  • Requires all blue crab traps to have at least 3 unobstructed escape rings installed, each with a minimum inside diameter of 2 3/8 inches, effective January 1, 1995 (one such escape ring shall be located on a vertical outer surface adjacent to each crab retaining chamber)
  • Exempts recreational traps - with a volume of no more than 1 cubic foot fished from a vessel, a dock, or from shore to harvest blue crabs - from general trap specification provisions
  • Allows a 5 percent tolerance per container for undersize hard blue crabs
  • Allows the harvest of no more than 10 gallons of undersize blue crabs with a dip net per person or vessel, whichever is less, for use and sale as live bait
  • Allows legal live bait shrimp harvesters a bycatch of 10 gallons of undersize blue crabs per vessel

BLUE CRAB, CH 46-45, F.A.C. (Effective January 1, 1995)

  • Establishes degradability requirements for blue crab traps. Such traps are considered to have a legal degradable panel if:
  • The trap lid tie-down strap is secured to the trap by a single loop of untreated Jute twine, and the trap lid is secured so that when the jute degrades, the lid will no longer be securely closed, or
  • The trap lid tie-down strap is secured to one end with a corrodible hook composed of non-coated steel wire measuring 24 gauge or thinner, and the trap lid is secured so that when the hook degrades, the lid will no longer be securely closed, or
  • The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches high and 3 inches wide, and the opening is laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar; the opening in the sidewall of the trap must no longer be obstructed when the jute degrades, or
  • The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches high by 3 inches wide, and the opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch; the opening in the sidewall of the trap must no longer be obstructed when the slat degrades, or
  • The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches high by 3 inches wide, and the opening must be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire

BLUE CRAB, CH 46-45, F.A.C. (Effective October 4, 1995)

  • Allows baiting of blue crab peeler traps with live male blue crabs only
  • Requires all blue crab traps with 1½" mesh to have escape rings

BLUE CRAB - TRAP VESSEL MARKING, CH 46-45, F.A.C. (Effective September 30, 1996)

  • Requires the color and trap number of marking buoys to be permanently and conspicuously displayed on vessels so that they are:
  • Readily identifiable from the air, with the approved buoy design displayed and affixed to the uppermost structural portion of the vessel and displayed horizontally with the painted design up (for vessels with an open design, such as skiffs from which blue crab traps are fished, one seat instead shall be painted with buoy assigned colors with permit numbers, unobstructed and no smaller than 10 inches high, painted thereon in contrasting color); otherwise, the display is required to exhibit the harvester's approved buoy design, unobstructed, on a circle 20 inches in diameter, outlined in contrasting color, together with the permit numbers affixed beneath the circle in numerals no smaller than 10 inches high
  • Readily identifiable from the water, with the approved buoy design displayed and affixed vertically to both the starboard and port sides of the vessel near amidship; the display is required to exhibit the harvester's approved buoy design, unobstructed, on a circle 8 inches in diameter, outlined in contrasting color, together with the permit numbers affixed beneath the circle in numerals no smaller than 4 inches high

BLUE CRAB - TRAP VESSEL MARKING, CH 46-45, F.A.C. (Effective January 1, 1998)

  • Prohibits the harvest of blue crabs with a trap in federal waters adjacent to Florida
  • Requires that each throat (entrance) in all blue crab traps be horizontally oriented; the width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, shall be greater than the height of any such opening; no such throat shall extend farther than 6 inches into the inside of any trap, measured from where the throat opening meets the vertical wall of the trap to the throat opening at its farthest point from the vertical wall, inside the trap
  • Provides that trap marking buoys be either spherical in shape with a diameter no smaller than 6 inches, or some other shape provided that it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches
  • Requires persons who commercially harvest blue crabs with traps to possess a saltwater products license with both a blue crab and restricted species endorsement

BLUE CRAB - TRAP SPECIFICATIONS, CH 46-45, F.A.C. (Effective June 1, 1999)

  • Allows the use on blue crab traps of trap lid tie-down straps secured at one end by a loop composed of non-coated steel wire measuring 24 gauge or thinner, 2 X 3/8 inch non-treated pine dowels or squares to replace the hook on tie-down straps, a 3 X 6 inch panel attached to the trap opening with 24 gauge or less wire or single strand jute
  • Prohibits the use of a 24 gauge hook or tie-down strap on blue crab traps
  • Requires each commercial blue crab trap fished in Florida waters to be permanently marked with the harvester's blue crab trap endorsement number
  • Deletes rule language that requires 1-inch identification numbers on blue crab trap buoys

BLUE CRAB - TRAP SPECIFICATIONS, CH 68B-45, F.A.C. (Effective February 28, 2002)

Extends the moratorium on the issuance of new blue crab endorsements through June 30, 2005.

BLUE CRAB, CH 68B-45, F.A.C. (Effective July 1, 2003)

Prohibits blue crab traps in the area north of the Suwannee River and beyond 3 miles seaward from September 20 through October 4.

BLUE CRAB, CH 68B-45, F.A.C. (Effective July 15, 2004)

Extends the September 20 through October 4 blue crab closure to all Gulf of Mexico state waters between three and nine miles from shore.

BLUE CRAB, CH 68B-45, F.A.C. (Effective October 21, 2004)

  • Extends the blue crab endorsement moratorium to July 1, 2006
  • Allows male blue crabs used as bait to attract female blue crabs into peeler traps to be fed with a single bait fish
  • Permits a vertical or horizontal orientation of degradable panels and the use of 16 gauge degradable staples in blue crab traps

BLUE CRAB, CH 68B-45, F.A.C. (Effective May 26, 2005)

  • Establishes a hard crab endorsement and a soft crab endorsement, which can be associated with either an individual or vessel Saltwater Products License
  • Establishes endorsement qualifying and re-qualifying criteria
  • Requires trap tags and establishes tag ordering criteria and a replacement tag program
  • Establishes an appeals board and criteria by which non-qualifying blue crab fishers could be allocated traps
  • Establishes the Blue Crab Advisory Board by rule, and sets criteria for appointment to the board
  • Prohibits the leasing or renting of endorsements, tags, or traps
  • Establishes endorsement holder responsibilities

BLUE CRAB, CH 68B-45, F.A.C. (Effective February 1, 2006)

  • Establishes a nontransferable blue crab limited-entry endorsement for certain net fishermen who have a valid blue crab endorsement but no qualified landings to use up to 100 traps to harvest and sell hard shell blue crabs
  • Establishes an incidental take endorsement to allow a daily bycatch of 200 pounds of blue crabs per vessel from shrimp trawls and stone crab traps
  • Allows a blue crab harvester to obtain permission from the FWC's Division of Law Enforcement to let another person transport, deploy, pull or retrieve the harvester's traps on a short-term basis for hardship reasons

BLUE CRAB, CH 68BER06-1, F.A.C. (Effective July 1 – September 28, 2006)

Extends the moratorium on blue crab endorsements and delays the start of the blue crab effort management program until July 1, 2007.

BLUE CRAB, CH 68B-45, F.A.C. (Effective September 20, 2006)

Continues provisions of CH68BER06-1, F.A.C. Extends the moratorium on blue crab endorsements and delays the start of the blue crab effort management program until July 1, 2007.

BLUE CRAB, CH 68B-45, F.A.C. (Effective October 15, 2007)

  • Allows recreational fishers to use fold-up blue crab traps up to one cubic foot in volume that are not necessarily pyramid-shaped
  • Deletes the provision that limits the base panel of fold-up traps to one square foot

BLUEFISH, CH 46-43, F.A.C. (Effective July 1, 1993)

  • Designates bluefish as a "restricted species"
  • Establishes a 10 fish daily bag limit for recreational fishermen
  • Increases the minimum size limit from 10 inches to 12 inches fork length
  • Requires all commercial harvesters to adhere to statewide gear requirements while fishing in state and Atlantic federal waters, except that the use of spotter airplanes to harvest bluefish is allowed in federal waters of the East Central Coast Region
  • Establishes a 7,500 pound daily commercial vessel limit for bluefish on Florida's east coast in state and federal waters north of the Dade/Monroe county line
  • Requires bluefish to be landed in a whole condition

BLUEFISH, CH 46-43, F.A.C. (Effective October 4, 1995)

Establishes an annual commercial quota of 877,000 pounds for bluefish harvested on the state's Atlantic Ocean coast.

BLUEFISH, CH 46-43, F.A.C. (Effective August 31, 1998)

Prohibits the sale of undersize bluefish.

BLUE LAND CRABS, CH 68B-54, F.A.C. (Effective February 27, 2003)

  • Prohibits harvest of blue land crabs from July 1 through Oct. 31 each year to protect the crabs during spawning migrations
  • Prohibits harvest, possession, purchase or sale of egg-bearing female blue land crabs
  • Allows harvest of blue land crabs only by hand or by the use of dip nets
  • Prohibits use of bleach or other chemical solutions for harvest of blue land crabs
  • Prohibits the daily harvest or possession at any time of more than 20 blue land crabs per person
  • Prohibits harvest of blue land crabs from state parks and from the right of way of any federal, state or county maintained road, whether paved or otherwise

BONEFISH, CH 46-34, F.A.C. (Effective March 1, 1988)

  • Bag and possession limit: One per person
  • Minimum size limit: 18 inches total length
    (NOTE: An exception from possession limit for taxidermists is allowed)

BONEFISH, CH 68B-34, F.A.C. (Effective July 1, 2006)

Provides that, for purposes of determining the legal size of bonefish, "total length" means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

BREVARD COUNTY TURKEY CREEK AND CRANE CREEK, CH 46-3.009, F.A.C. (Effective April 18, 1990)

Allows only hook and line gear, landing or dip nets, cast nets, or legal crab traps to be used to harvest fish in all waters and tributaries of Turkey Creek and Crane Creek in Brevard County westward of a line drawn between the two easternmost points of land at the respective mouths of the creeks.

BREVARD COUNTY NET GEAR, CH 46-3.038, F.A.C. (Effective February 16, 1993)

Repeals Brevard County Special Acts prohibiting nets in certain areas, and readopts the prohibition of the use of any net or seine of a length greater than 75 yards within 200 yards of the mean high tide mark in the Atlantic waters of Brevard County, except for those waters adjacent to beaches closed to public access by NASA.

CALICO SCALLOPS, CH 46-53, F.A.C. (Effective March 1, 1999)
(Note: Some trawl provisions regarding this rule are also included in the shrimp rule - CH 46-31, F.A.C.)

  • Prohibits the harvest of calico scallops between the Hillsborough/Manatee counties line and the Big Bend/Northwest regions line
  • Prohibits the use of scallop trawls in all state waters closed to otter trawls, and within 1 mile from the COLREGS line (except in Franklin, Gulf, and Wakulla counties - within 3 miles from the COLREGS line)
  • Prohibits the possession of more than 250 processed calico scallop meats per pound measured in a 1 pound sample taken in any container(s), with no tolerance for undersize scallops
  • Allows the use of specified trawls for the directed harvest of calico scallops only, and allows the use of a try net
  • Establishes a minimum webbing size of 3 inches stretched mesh throughout the body and bag of the net, a minimum net twine size as #84 nylon, a maximum headrope length of 40 feet (120 feet perimeter), and a maximum net mesh area of 500 square feet
  • Establishes a maximum net tow time of 25 minutes, and allows turtle excluder device exemptions for specified calico scallop trawls if federally approved

CALOOSAHATCHEE RIVER SEASONAL NET CLOSURE, CH 46-3.002, F.A.C. (Effective May 1, 1988)

Closes river to net fishing all year, east or upstream of a line running across the river from Redfish Point to near Peppertree Point, and closes northern half of river near Cape Coral to netting during roe mullet season (November 1 to January 15) each year. Provides exception to closures for common hand cast nets and bait seines 100 feet or less in length.

CALOOSAHATCHEE RIVER SEASONAL NET CLOSURE, CH 46-3.002, F.A.C. (Effective September 1, 1993)

Expands above closure to January 31 each year and extends the closure area to include the southern half of the river and waters surrounding the Punta Rassa - Shell Point area.

COBIA, CH 46-19, F.A.C. (Effective June 13, 1985)

Establishes a minimum size limit of 37 inches total length (equivalent to 33 inches fork length).

COBIA, CH 46-19, F.A.C. (Effective January 1, 1990)

  • Minimum size limit: 33 inches fork length
  • Bag limit: 2 per person daily for all fishermen, commercial and recreational - must be landed in a whole condition

COBIA, CH 46-19, F.A.C. (Effective August 31, 1998)

Prohibits the sale of undersize cobia.

COBIA, CH 68B-19, F.A.C. (Effective March 22, 2001)

  • Designates cobia as a "restricted species"
  • Establishes a one-fish-per-day bag limit per person and a six-fish-per-day vessel limit (whichever is less) for recreational fishermen
  • Establishes a two-fish-per-day bag limit per person and a six-fish-per-day vessel limit (whichever is less) for commercial fishermen

DIVERS: FISH FEEDING PROHIBITED, CH 68B-5.005, F.A.C. (Effective January 1, 2002)

  • Prohibits the practice of the introduction of food or other substances by divers to feed or attract marine species
  • Prohibits the operation of any vessel for hire for the purpose of carrying passengers to any site to observe fish feeding

DOLPHIN, CH 46-41, F.A.C. (Effective January 1, 1991)

  • Recreational daily bag and on-the-water possession limit: 10
  • Commercial size limit: 20 inches fork length for commercial fishermen and all sale (must be landed in a whole condition)
  • Allowed gear: Hook and line, longline (bycatches not exceeding the bag limit exempted)

DOLPHIN AND WAHOO, CH 68B-41, F.A.C. (Effective January 3, 2005)

  • Designates dolphin and wahoo as restricted species
  • Establishes a 20-inch fork length minimum size limit for all harvest of dolphin on Florida's Atlantic coast
  • Establishes a statewide maximum recreational harvest limit of 60 dolphin per vessel (except 10 dolphin per paying passenger on for-hire vessels)
  • Establishes a statewide daily two-fish recreational bag limit and a 500-pound commercial daily vessel limit for wahoo
  • Requires commercial vessels on the Atlantic coast harvesting dolphin and wahoo to have a federal permit
  • Prohibits the sale of recreationally caught dolphin or wahoo (except qualified for-hire vessels may sell recreationally harvested dolphin)
  • Requires all dolphin and wahoo to be landed in a whole condition

ESCAMBIA AND SANTA ROSA COUNTIES: PURSE SEINE HARVEST OF MENHADEN, CH 46-3, F.A.C. (Effective August 3, 1994)

  • Allows the limited use of purse seines to harvest menhaden in state waters of Escambia and Santa Rosa counties landward of the Colregs Demarcation Line. The rule, applicable in the above described region only:
  • Establishes a June 1 through May 31 commercial harvest season for menhaden
  • Provides that if the total commercial harvest of menhaden is not projected to reach one million pounds during the period June 1 through October 31, the season will close until the following June 1
  • Provides that if the total commercial harvest of menhaden is projected to reach three million pounds before May 31, the season will close on the projected date until the following June 1
  • Prohibits the harvest of menhaden with a purse seine from any vessel 40 feet or greater in length
  • Prohibits the use of purse seines greater than 400 yards in length
  • Prohibits the use of purse seines in the waters of Big Lagoon, Santa Rosa Sound, Escambia Bay north of the railroad trestle just north of the Interstate 10 bridge, Blackwater Bay north of the Interstate 10 bridge, or in any bayou in the inside waters of these counties, except Bayou Texar and Bayou Chico
  • Prohibits the harvest of menhaden with purse seines from sunset Friday through sunrise Monday, and on legal state holidays
  • Establishes a two percent bycatch allowance by weight for nontargeted species harvested with purse seines (however, any fish for which the Commission has established a bag limit may not be retained)

FLORIDA KEYS NATIONAL MARINE SANCTUARY, CH 46-6, F.A.C. (Effective July 1, 1997)
This rule, in state waters of the Florida Keys National Marine Sanctuary:

  • Prohibits all harvest, possession, and molestation of any living or dead marine organism or habitat feature within the Western Sambos Ecological Reserve (SER), and within the Cheeca Rocks, Eastern Dry Rocks, Hens and Chickens, Newfound Harbor Key, Rock Key, and Sand Key Sanctuary Preservation Areas (SPA's); however, properly stowed finfish, shellfish, and marine plants, and fishing gear not readily accessible for immediate use (by being stowed unbaited in a cabin, locker, rod holder, or similar storage area, or by being securely covered and lashed to a deck or bulkhead), may be possessed on a vessel in transit through these areas; catch and release fishing by trolling is also allowed in the Sand Key area
  • Prohibits touching and standing on a living or dead coral formation
  • Prohibits all harvest, possession, and molestation of any living or dead marine organism or habitat feature, and all fishing, within the Eastern Sambos Special-Use area, except by special permit for research or education purposes

FLORIDA KEYS NATIONAL MARINE SANCTUARY, CH 46-6, F.A.C. (Effective November 16, 1998)

  • Allows persons fishing in Florida Keys National Marine Sanctuary state waters who possess a valid federal permit to harvest ballyhoo, balao, halfbeaks, and herring in the Cheeca Rocks, Hens and Chickens, Eastern Dry Rocks, Rock Key, and Sand Key Sanctuary Preservation Areas (SPA's) with a legal cast net or modified lampara net (designed to fish only at the water surface), and in the Newfound Harbor SPA with a legal cast net
  • Prohibits the harvest of all bycatch, contact with or disturbance of the seabed, and the use of any other gear other than that specified above in the designated SPA's

FLORIDA KEYS NATIONAL MARINE SANCTUARY, CH 68B-6, F.A.C. (Effective July 1, 2001)

Prohibits all fishing, spearfishing and collection of marine life in state waters in the Tortugas Ecological Reserve.

FLOUNDER AND SHEEPSHEAD, CH 46-48, F.A.C. (Effective January 1, 1996)

  • Establishes a 12 inches minimum size limit for all harvester of both species
  • Establishes a 10 fish daily recreational bag limit for each species
  • Allows only hook and line, cast net, and beach and haul seine gear for the harvest of each species (gigs also allowed for flounders only) - a 50 pound commercial daily vessel bycatch allowance for each species otherwise legally harvested in nonconforming gear is also allowed
  • Daily harvest of no more than 10 of each species allowed by spearfishing
  • Designates both species as "restricted species"
  • Defines "length" (for purposes of determining the size limit) as the measurement of the fish from the most forward point of the head to the rear center edge of the tail
  • Requires both species to be landed in a whole condition, and prohibits the possession of any such fish that are not in a whole condition in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty
  • Prohibits the use of any multiple hook in conjunction with natural bait, and snagging (snatch hooking) to harvest both species in state waters
  • Allows size/bag limit exemptions for aquaculture operators who provide proper documentation

FLOUNDER AND SHEEPSHEAD, CH 46-48, F.A.C. (Effective January 1, 1997)

Increases the daily bag limit for sheepshead from 10 to 15 fish per person for recreational fishermen, and allows commercial spearfishing of sheepshead.

FLOUNDER AND SHEEPSHEAD, CH 46-48, F.A.C. (Effective August 31, 1998)

Prohibits the sale of undersize flounder and sheepshead.

FLOUNDER AND SHEEPSHEAD, CH 68B-48, F.A.C. (Effective July 1, 2006)

Provides that, for purposes of determining the legal size of flounder and sheepshead, "total length" means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 46-4, F.A.C. (Effective April 18, 1990)

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 emergency 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 - MARTIN COUNTY, CH 68B-4, F.A.C. (Effective February 27, 2003)

Deletes a rule that prohibits the use of beach or haul seines in described areas of Martin County inside waters from September through February each year. Rule 68B-3.032, F.A.C., which allows only 30-foot minnow seines, cast nets and landing or dip nets in inside waters of Martin County at all times, applies instead.

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 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 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 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.

GEAR SPECIFICATIONS AND PROHIBITED GEAR, CH 68B-4, F.A.C. (Effective April 1, 2007)

Requires persons recovering monofilament netting in Florida waters to notify FWC law enforcement prior to recovering the netting and to have an FWC officer present to supervise recovery and disposal of the material.

GOVERNOR'S RULE REDUCTION INITIATIVE: TITLE 46, F.A.C. RULE REPEALS (Effective

January 1, 1996)

Eliminates 60 obsolete or otherwise substantively unnecessary rules from Title 46 of the F.A.C., in response to a call from the Governor to reduce the number of state agency regulations. Includes local laws rendered obsolete by the constitutional net ban, severability and penalties rules, and other rules found to be substantively unnecessary.

HARD CLAMS, CH 46-17, F.A.C. (Effective January 1, 1985)

  • Minimum size limit: 7/8 inch, with 3% tolerance on undersized clams
  • Hours of taking: Daytime only (½ hour before sunrise to ½ hour after sunset)
  • Rakes, tongs, and baskets used for harvesting and sorting must have not less than 7/8 inch clear space between teeth, bars, dividers, and cull racks
  • Use of wire or net in baskets prohibited
  • Use of rakes and dredges in grass beds prohibited
  • Mechanical devices used for harvest may not be pulled under power
  • Clams must be shaded during transport and storage

HARD CLAMS, CH 46-17, F.A.C. (Effective March 15, 1987)

  • Minimum size limit: Increased to 1 inch thickness across the hinge
  • Gear restrictions: Culling devices used must sort out clams smaller than 1 inch

HARD CLAMS, CH 46-17, F.A.C. (Effective November 1, 1989)

Retains a wild harvest size limit of 1 inch with a 3% tolerance, and allows mariculture operations to sell hard clams at least 7/8 inch in thickness out-of-state; establishes the authority of the Marine Patrol to inspect trucks for undersized clams after they have left the packing house.

HARD CLAMS, CH 46-17, F.A.C. (Effective April 11, 1994)

  • Requires that wild hard clams be sorted immediately after being taken
  • Prohibits the possession of more than one bushel of unsorted wild hard clams aboard a vessel on state waters at any time, and prohibits the possession of unsorted wild hard clams aboard vessels observed under power
  • Lowers the size limit of cultured hard clams to 5/8 inch in thickness across the hinge, provided that such clams are segregated from wild hard clams (possession of cultured hard clams smaller than 5/8 inch for purposes of grow-out is also allowed)
  • Prohibits the relaying of wild hard clams smaller than one inch in thickness across the hinge from closed areas to leased clam beds or upland aquaculture facilities
  • Allows the sorting of cultured hard clams to comply with size limit provisions at upland facilities of legal aquaculture operations, provided that the nearest Florida Marine Patrol office is notified at least 4 hours in advance, the sorting takes place in an area separated from any area where wild hard clams are being processed, cultured hard clams smaller than one inch in thickness across the hinge are kept separated from wild hard clams at all times, and cultured hard clams smaller than 5/8 inch in thickness across the hinge are either returned to the operator's lease or are kept segregated in the facility for legal sale
  • Prohibits the possession of both cultured and wild hard clams aboard any vessel in state waters at any time
  • Clarifies provisions regarding certain harvesting gear and cull racks
  • Establishes a daily bag limit of 5 gallons of unshucked hard clams per person or, if two or more persons are aboard, 10 gallons per vessel, for recreational fishermen

HORSESHOE CRAB, CH 68B-46, F.A.C. (Effective March 30, 2000)

Allows harvest of horseshoe crab only by hand and gig, establishes a daily bag and possession limit of 25 animals (except that persons who possess a saltwater products license with a marine life endorsement and commercial freshwater eel fishermen may harvest and possess up to 100 horseshoe crabs per day while in or on the salt waters of the state), and requires that all persons who harvest, possess, or sell horseshoe crabs possess a saltwater products license.

HORSESHOE CRAB, CH 68B-46, F.A.C. (Effective July 9, 2002)

  • Establishes a Horseshoe Crab Biomedical Collecting Permit for temporary collection and possession of live horseshoe crabs for biomedical purposes
  • Requires permit holders to report landings and other related information to the FWC monthly and carefully maintain collected horseshoe crabs to ensure their safe return to the water
  • Exempts biomedical permit holders from the daily bag limit
  • Designates horseshoe crabs as a saltwater product, which requires mandatory reporting of commercial horseshoe crab landings

JELLYFISH, CH 46-51, F.A.C. (Effective August 1, 1996)

  • Allows the harvest of jellyfish (including all species of the genera Rophilema and Stomopholus) in state waters out to 1 mile from shore on the Atlantic coast and 3 miles from shore on the Gulf coast only with the following gear:
    • Cast nets with a radius no greater than 12½ feet
    • Beach or haul seines with a maximum mesh size no greater than 2 inches, and a maximum of 500 square feet of mesh area
    • Paired surface trawls with a maximum of 500 square feet of mesh area, a minimum mesh size in the wing portion of the trawl of no less than 3½ inches stretched mesh, and a minimum mesh size in the bag portion of the trawl no less than 1½ inches stretched mesh (these trawls are not allowed to tend the bottom)
    • No more than 2 wing nets, each with a maximum of 500 square feet of mesh area, a perimeter no greater than 40 feet per net, and a minimum mesh size of no less than 3½ inches stretched mesh
    • A single frame net, with a maximum of 500 square feet of mesh area, a perimeter no greater than 40 feet per net, and a minimum mesh size of no less than 3½ inches stretched mesh
    • No more than 2 hand dip nets, each with a maximum of 500 square feet of mesh area

  • Allows the harvest of jellyfish in state waters beyond 1 mile offshore on the Atlantic coast and 3 miles offshore on the Gulf coast with only the gear described above, and a paired surface trawl with a maximum mesh area of 3,000 square feet (no more than two nets with a combined total of 3,000 square feet may be used), a minimum mesh size in the wing portion of the trawl of no less than 3½ inches stretched mesh, and a minimum mesh size in the bag portion of the trawl no less than 1½ inches stretched mesh (these trawls are not allowed to tend the bottom)
  • Prohibits the harvest of any other species as an incidental bycatch while targeting jellyfish

JOHN PENNEKAMP CORAL REEF STATE PARK, CH 46-5.002, F.A.C. (Effective July 3, 1989)

Prohibits the harvest of numerous tropical reef fish species within John Pennekamp Coral Reef State Park and includes a minimum size limit of 8 inches for all other fishes taken from the Park (except sardines, herrings, anchovies, ballyhoo, jacks, mullet, and pinfish).

JOHN PENNEKAMP CORAL REEF STATE PARK, CH 46-5.002, F.A.C. (Effective June 1, 1994)

  • Eliminates the special 2-day spiny lobster sport season in John Pennekamp Coral Reef State Park
  • Prohibits the harvest of any lobster species of the Genera Panulirus or Scyllarides and the deployment of any lobster trap in Turtle Rocks, Basin Hill North, Basin Hill East, Basin Hill South, Higdon's Reef, Cannon Patch, Mosquito Bank North, Mosquito Bank Southeast, Three Sisters North, and Three Sisters South - all in Pennekamp Park, and from or within any patch reef in the Park

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective December 20, 1984)

Bag limit: 2 fish per person per trip for all fishermen, both commercial and recreational, in state waters from the Alabama/Florida border south to Monroe/Collier counties border all year, and also in state waters around the southern tip of Florida (including the Keys) northward to the Volusia/Flagler counties border from November 1 through March 31.

KING MACKEREL - Emergency Rule, CH 46ER85-8, F.A.C. (Effective December 4, 1985 through March 3, 1986)

Bag limit: 25 fish per vessel per day for fishermen who possess a federal permit for the commercial harvest by hook and line of the Gulf of Mexico Groupof king mackerel in state waters off Dade, Broward, and Palm Beach counties from Fowey Light to Jupiter Inlet from November 1 through March 31.

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective November 13, 1986)

Makes emergency bag limit (described above) permanent. Special bag limit for commercial hook and line fishermen applies until commercial harvest is closed in adjacent federal waters each fishing season (July 1 - June 30). Harvest for all other fishermen (under 2 fish limit) closes when all harvest in federal waters is closed each season. Bycatch allowance of 10% by weight of all species in possession of harvester is continued.

KING MACKEREL (Atlantic Fishery), CH 46-30, F.A.C. (Effective March 15, 1987)

  • Bag limit: 2 fish per person per trip for all fishermen, commercial and recreational, in all state waters in the Atlantic Ocean and in the Gulf of Mexico south of the Monroe/Collier counties border between April 1 and October 31 each year, and in the Atlantic Ocean north of the Volusia/Flagler counties border between November 1 and March 31 each year; when all harvest is closed in federal waters during the established fishing season (April 1 - March 31), the season is closed for all fishermen in state waters as well
  • Special exception: Commercial hook and line fishermen who possess federal and state permits to harvest king mackerel in the Atlantic fishery are allowed a daily bag limit of 50 fish per boat for as long as adjacent federal waters remain open each fishing season; a king mackerel bycatch allowance not to exceed 10% by weight of all species in possession of the harvester is provided

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective November 1, 1988)

  • Designates king mackerel as a "restricted species"
  • The region where the special commercial bag limit applies is expanded to include Monroe County
  • Requires a restricted species endorsement on a saltwater products license in addition to a federal commercial permit for those harvesting under the special bag limit; bag limit for all other harvesters is amended to provide for a reduction to 1 fish per person per day when federal waters are closed to all harvest of king mackerel
  • "Bycatch allowance" is amended to only allow bycatch of king mackerel in the Spanish mackerel fishery and to limit that bycatch to 1% or 250 lbs., whichever is less

KING MACKEREL (Atlantic Fishery), CH 46-30, F.A.C. (Effective November 1, 1988)

  • Designates king mackerel as a "restricted species"
  • Requires a restricted species endorsement on a saltwater products license in addition to a federal commercial permit for those harvesting under the special bag limit - the bag limit for all other harvesters is changed from 2 fish per person per trip to 2 fish per person per day
  • "Bycatch allowance" is amended to only allow bycatch of king mackerel in the Spanish mackerel fishery and to limit that bycatch to 1% or 250 lbs., whichever is less
  • Automatic closure of state waters upon closure of all harvest of king mackerel in federal waters is deleted

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective October 1, 1990)

  • Divides this fishery into two regions, allocates half the commercial quota to Dade County northward and half to all other counties in the fishery, and sets the following daily commercial vessel and landing limits for each region annually: 1,000 pounds from July 1 through December 31, then 15,000 pounds until regional harvest is projected to reach 75% of the quota, then 300 pounds until regional harvest is projected to reach the total quota, then no harvest allowed until the following July 1
  • Deletes special 25 fish per vessel daily bag limit for Monroe, Dade, Broward, and Palm Beach counties
  • Allows the use of hook and line gear only in this fishery
  • Establishes a more efficient mechanism to allow the MFC to annually adjust commercial harvest limits and recreational bag and possession limits

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective December 4, 1991)

  • Provides that if the total regional commercial harvest is projected to reach 75% of the quota prior to December 31, a daily limit of 300 pounds per vessel shall apply until the total quota is projected to be reached
  • Provides that either region that reaches its full regional quota will close regardless of the date in order to prevent one region from exceeding its 50% share of the total Gulf-Atlantic commercial quota

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective November 29, 1993)

  • Establishes a daily vessel limit of 50 fish until half the regional subquota is reached, and then 25 fish until the full regional subquota is reached, from Volusia County to Dade County
  • Allows unlimited harvest until 75% of the regional subquota is reached, and then imposes a daily vessel limit of 50 fish until the full regional subquota is reached, from Monroe County to Escambia County
  • Establishes a minimum size limit of 20 inches fork length for all harvest of king mackerel

KING MACKEREL (Gulf-Atlantic & Atlantic Fisheries), CH 46-12 & 46-30, F.A.C. (Effective November 29, 1993)

Establishes a minimum size limit of 20 inches fork length for all harvest of king mackerel.

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective January 1, 1996)

Establishes a 125 fish commercial daily vessel limit for king mackerel harvested on the state's Gulf coast - this commercial daily vessel limit will be reduced to 50 fish when the same limit is established in adjacent federal waters, and to zero fish when federal waters close to the commercial harvest of king mackerel.

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective June 3, 1996)

Requires king mackerel to be landed with heads and fins attached.

KING MACKEREL (Atlantic Fishery), CH 46-30, F.A.C. (Effective July 15, 1996)

Requires king mackerel to be landed with heads and fins attached.

KING MACKEREL (Atlantic Fishery), CH 46-30, F.A.C. (Effective January 1, 1997)
Replaces the 50 fish daily commercial vessel limit for the king mackerel Atlantic fishery with the following daily commercial trip limits:

  • 3,500 pounds in waters north of the Flagler/Volusia counties line at all times, and in waters off Volusia County from April 1 through October 31
  • 500 pounds in waters between the Volusia/Brevard and Dade/Monroe county lines from April 1 through October 31
  • 1,250 pounds in waters off Monroe County from April 1 through October 31

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective January 1, 1997)

Establishes a 750 pounds commercial trip limit on Florida's east coast unless 75% of the subquota is reached by February 15 (at which time a 500 pounds limit will apply for the remainder of the season), and changes the Florida west coast trip limits from 125 fish to 1,250 pounds, and 50 fish to 500 pounds.

KING MACKEREL (Gulf-Atlantic Fishery), CH 46-12, F.A.C. (Effective January 1, 1998)

Establishes a daily 50 fish per vessel trip limit for Gulf group commercial king mackerel fishermen in the Eastern Region from November 1 until the quota is reached, or until March 31, each year.

KING MACKEREL (Atlantic Fishery), CH 46-30, F.A.C. (Effective January 1, 1998)

Establishes a daily 50 fish per vessel trip limit for Atlantic group commercial king mackerel fishermen in state waters from Brevard through Dade counties from April 1 through October 31 each year.

KING MACKEREL (Gulf-Atlantic & Atlantic Fisheries), CH 68B-12 & 68B-30, F.A.C. (Effective October 22, 1999)

Increases the minimum size limit for king mackerel from 20 to 24 inches fork length beginning Jan.1, 2000.

KING MACKEREL (Atlantic Fishery), CH 68B-30, F.A.C. (Effective January 1, 2001)

Increases the commercial vessel daily limit from 50 to 75 fish for king mackerel harvested between Apr. 1 through Oct. 31 each year from Brevard through Dade counties.

LEE COUNTY SHELLS, CH 46-26, F.A.C. (see SOUTHWEST FLORIDA SHELLS)

MARINE LIFE, CH 46-42, F.A.C. (Effective January 1, 1991)

  • Designates numerous tropical ornamental fishes, invertebrates, and plants commonly collected for aquariums as "restricted species" and "marine life species"
  • Longspine urchin harvest and landing prohibited
  • Commercial harvest of gorgonian colonies prohibited when adjacent federal waters close
  • Total length minimum size limits - commercial harvesters:
    • Butterflyfishes - 1 inch
    • Gray and French angelfishes - 1½ inches
    • Blue and Queen angelfishes - 1 3/4 inches
    • Rock beauty - 2 inches
  • Total length maximum size limits - all harvesters:
    • Angelfishes (except Rock beauty) - 10 inches
    • Rock beauty - 6 inches
    • Butterflyfishes and Jawfishes - 4 inches
    • Gobies - 2 inches
  • Recreational per person daily bag limit: 20 individuals (no more than 5 angelfishes and 6 gorgonian colonies); one gallon of any combination of plants
  • Commercial daily vessel limits:
    • Angelfishes - 75 per person or 150 per vessel, whichever is less
    • Butterflyfishes - 75
  • Allowable gear: Hand held net, barrier net and drop net not exceeding 3/4 inch stretched mesh, slurp gun, quinaldine under certain conditions, legal live bait shrimp roller frame trawls for bycatch of tropical fish, bag or container to store catch, and a single blunt rod made of fiberglass or wood not longer than 36 inches with a diameter no greater than 3/4 inch at any point

MARINE LIFE/LIVE ROCK, CH 46-42, F.A.C. (Effective July 1, 1992)

  • Revises the marine life species/restricted species lists to include additional species of fish, invertebrates, and plants that are reported to have been landed by marine life fishermen
  • Prohibits the harvest of Bahama starfish
  • Prohibits the harvest of all marine life species in Biscayne National Park (status quo)
  • Strengthens paperwork requirements regarding angelfish imports to assist enforcement of size limits
  • Establishes a limit of 200 giant Caribbean or "pink-tipped" anemones per vessel per day
  • Allows rods or "tickle sticks" to be composed of any nonferrous metal
  • Allows a trawl no larger than 12 inches by 48 inches weighing no more than 5 pounds wet when weighed out of the water and towed by a vessel no greater than 15 feet in length at no greater than idle speed to collect live specimens of the dwarf seahorse
  • Requires marine life to be landed alive, and requires marine life harvesters to have an adequate live well or aeration or oxygenation system aboard the vessel to maintain harvested marine life in a healthy condition
  • Phases out "live rock" landings, except for certain aquaculture operations, over a 3 year period with 25 percent reductions each year; a 500 pound daily vessel trip limit on "live rock" landings will also apply over this period

MARINE LIFE/LIVE ROCK, CH 46-42, F.A.C. (Effective October 18, 1993)

Deletes landing and harvest phase-out provisions for live rock harvested in federal waters.

MARINE LIFE/LIVE ROCK, CH 46-42, F.A.C. (Effective January 1, 1995)

  • Reduces the maximum size limit for all angelfishes (including hybrids) from 10 inches to 8 inches total length - except for rock beauty; the maximum size limit for rock beauty is reduced from 6 inches to 5 inches total length
  • Establishes a maximum size limit of 8 inches total length for spotfin (Cuban) and Spanish hogfish, and a minimum size limit of 2 inches total length for Spanish hogfish
  • Increases the daily harvest limit on pink tipped anemones (genus Condylactus) from 200 to 400 per person
  • Allows persons to possess otherwise prohibited corals on live rock harvested from aquaculture operations, provided that they possess appropriate federal or state permits and provide proper notification to the Florida Marine Patrol (off the water possession by wholesale and retail dealers requires documentation that the corals were legally harvested by a permit holder)
  • Replaces the term "gorgonians" in the present rule with the term "octocorals", and define octocoral as an erect, non-encrusting species (in addition, one inch of substrate around the perimeter of the holdfast at the base of the octocoral is allowed to be harvested, as long as such substrate remains attached to the octocoral)
  • Changes the fishing year for octocorals to begin October 1 each year
  • Requires that all corals harvested in aquaculture operations remain attached to cultured rock
  • Requires that live rock harvesters landing rock harvested in federal waters give notice to the Florida Marine Patrol

MARINE LIFE/LIVE ROCK, CH 46-42, F.A.C. (Effective June 1, 1999)

  • Designates porkfish and blue-legged or tri-color hermit crab as "restricted species"
  • Renames star-shells (Astraea americana or Astraea phoebia) "starsnails" (Lithopoma americanum or Australium phoebium) in the marine life rule restricted species list, due to changes in nomenclature in the scientific literature
  • Renames Stenocionops furcata "Stenocionops furcatus" in the marine life rule restricted species list
  • Establishes minimum size limits of 3 inches in length for Cuban or spotfin hogfish, and 1½ inches in length for porkfish
  • Establishes daily 50-fish per person/100-fish per vessel (whichever is less) commercial limits for Spanish hogfish and Cuban or spotfin hogfish
  • Establishes a daily 75-fish per person/150-fish per vessel (whichever is less) commercial limit for porkfish
  • Establishes daily commercial limits of one gallon per person/two gallons per vessel (whichever is less) for starsnails, and one quart per person or vessel (whichever is less) for blue-legged or tricolor hermit crabs
  • Prohibits the possession for sale of any native live rock harvested in or from state waters
  • Deletes a requirement that persons must possess a saltwater products license, a marine life endorsement, and a restricted species endorsement to land or sell aquacultured live rock from state or federal waters adjacent to state waters (persons harvesting aquacultured live rock in federal waters will be required to possess a valid federal live rock aquaculture permit and a valid state aquaculture certificate - persons harvesting aquacultured live rock from leases in state waters will be required to possess a valid state aquaculture certificate)

MARINE LIFE/LIVE ROCK, CH 68B-42, F.A.C. (Effective October 7, 2001)

Removes ocean triggerfish from the Marine Life rule and corrects the scientific name of the triggerfish family and the gray triggerfish.

MARINE LIFE/LIVE ROCK, CH 68B-42, F.A.C. (Effective February 28, 2002)

Extends the moratorium on the issuance of new marine life endorsements through June 30, 2005.

MARINE LIFE/LIVE ROCK, CH 68B-42, F.A.C. (Effective February 1, 2005)
Establishes a tiered license system that includes the following three types of marine life endorsements:

  1. Marine Life Transferable Dive Endorsement for people who will collect marine life full-time by diving or with other legal gears; based on an applicant's reported income from landings of marine life species or live rock during one of the license years between July 1, 1999 and June 30, 2003; to qualify, a collector must have had at least $5,000 in reported income from marine life landings during one of the qualifying years
  2. Marine Life Bycatch Endorsement for persons who will collect marine life primarily as bycatch in other fisheries with gear other than diving gear and with reported income of less than $5,000 during one of the qualifying years
  3. Marine Life Non-Transferable Dive Endorsement for divers who have less than $5,000 in marine life landings or hold a state live rock lease or federal live rock permit during one of the qualifying years and wish to harvest by diving - allows harvest by diving
  • Limits bycatch and non-transferable dive endorsement holders to one Saltwater Products License that can be endorsed. Transferable Dive Endorsement holders may endorse up to two Saltwater Products Licenses, either one vessel and one individual license or two vessel licenses
  • Includes provisions regarding qualifying species, re-qualifying and transferability criteria, conversion of endorsements, annual renewal deadlines, an appeals process, prohibiting leasing of endorsements and other related provisions

MARINE LIFE/LIVE ROCK, CH 68B-42, F.A.C. (Effective July 1, 2006)

Provides that, for purposes of determining the legal size of marine life species, "total length" means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

MITTEN CRAB, Ch. 68A-23.008, F.A.C. (Effective October 10, 2000)

Prohibits all importation, transportation, possession, and sale of mitten crabs or parts in Florida.

MULLET, CH 46-39, F.A.C. (Effective October 19, 1989)

  • Designates mullet as a "restricted species"
  • Establishes a daily recreational bag limit of 50 fish per person
  • Creates a statewide commercial minimum size limit of 11 inches fork length and retains the 10% undersized allowance, and all commercially harvested mullet must be landed in a whole condition
  • Prohibits harvest of commercial quantities of black mullet from sunrise Saturday to sunset Sunday between October 1 and January 15
  • Prohibits the commercial harvest of mullet adjacent to the Everglades National Park and seaward of a line 3 nautical miles offshore in all other state waters
  • Beginning on July 1, 1992, the rule will require any gill or trammel net used in the mullet fishery to have a stretched mesh size of at least 3 inches
  • Establishes a 3½ inch commercial minimum mesh size in the Panhandle Region October 1 - November 30, in the Wakulla-Hernando Region October 15 - December 15, and in the East Coast Region November 1 - December 31 each year
  • Establishes a 3 3/4 inch commercial minimum mesh size in the Collier-Monroe Gulf Region November 15 - January 15 each year
  • Establishes a 4 inch commercial minimum mesh size in the St. Johns River Region October 1 - December 31 and in the Pasco-Lee Region November 1 - December 31 each year, and also in this region, allows limited use of power assisted gear in the inside waters of Manatee County during the roe season and closes additional waters around Coffee Pot Bayou in Pinellas County, in the Manatee River in Manatee County, and in Charlotte Harbor and Coral Creek in Charlotte County

MULLET, CH 46-39, F.A.C. (Effective October 1, 1990)

  • Prohibits all commercial harvest from noon Friday to sunset Sunday during October 1 - January 31 each year
  • Allows commercial harvesters to possess mullet harvested legally prior to the beginning of the weekend in excess of the bag limit under certain conditions
  • Prohibits the use of spotter planes to harvest mullet statewide
  • Increases the minimum net mesh size in the Collier-Monroe Gulf Region to 4 inches stretched mesh November 15 - January 14 beginning in 1991
  • Prohibits all commercial harvest of mullet in the Caloosahatchee and St. Lucie river systems
  • Allows commercial harvest of mullet in Lake Okeechobee by haul seines subject to Game and Fresh Water Fish Commission restrictions

MULLET, CH 46-39, F.A.C. (Effective September 1, 1991)

  • Changes daily bag limit for recreational fishermen to 50 per person or vessel, whichever is less
  • Deletes "restricted species" provisions in the rule for the Panhandle Region

MULLET, CH 46-39, F.A.C. (Effective October 5, 1992)

  • Closes commercial gill net fishing for mullet in Tampa Bay waters of St. Petersburg out to 200 yards offshore from the St. Petersburg Pier to Weedon Island from October 1 through January 31 each year
  • Establishes a daily bag limit for mullet in this area and inshore waters in the city of St. Petersburg of five per person or boat, whichever is less

MULLET: PASCO-LEE REGION SEASONAL COMMERCIAL HARVEST CLOSURES, CH 46-39, F.A.C. (Effective September 1, 1993)

Expands the closure period for the commercial harvest of mullet in certain inshore waters of the Manatee and Peace Rivers and Coral Creek to November 1 through January 31 each year.

MULLET, CH 46-39, F.A.C. (Effective November 16, 1993)

  • Prohibits the commercial harvest of mullet from noon Friday through noon Monday each week from July through January (the sale of mullet harvested under the recreational bag limit during this period is also prohibited)
  • Prohibits all harvest of mullet during a ten day period beginning at 12 noon on the fourth Friday of December each year (persons are allowed to possess cut up or eviscerated mullet to use as bait aboard vessels during the closures, provided that no net other than a landing or dip net is possessed aboard the vessel)
  • Establishes a 500 pound daily commercial trip limit for mullet from July through September each year (two persons fishing pursuant to separate saltwater products licenses with restricted species endorsements aboard a single vessel may possess no more than 1,000 pounds of mullet aboard the vessel; one of these licenses may be applicable to the vessel; the restricted species endorsement provision does not apply to the Panhandle Region)

MULLET, CH 46-39, F.A.C. (Effective November 29, 1993)

Expands the area around the Tampa Bay shoreline of St. Petersburg that is closed to possession of nets other than a single cast net between October 1 and January 31 each year, to include the waters of Riviera Bay and Bayou Grande (commonly known as Papy's Bayou).

MULLET - Emergency Rule, CH 46ER96-3, F.A.C. (Effective July 1 - September 28, 1996)

  • Prohibits the simultaneous possession of any species of mullet in excess of the recreational bag limit (50 fish) and any gill or entangling net
  • Eliminates the July through September 500 pounds commercial daily vessel harvest limit for mullet

MULLET - Emergency Rule, CH 46ER96-4, F.A.C. (Effective November 7, 1996 - February 5, 1997)

  • Establishes the only allowable gear that can be used at any time for the harvest of mullet as cast nets with a radius no greater than 12 feet, 7 inches (no more than 2 such nets may be fished from any vessel at a time); beach or haul seines with a total area no greater than 500 square feet - including any attached material that adds to the fishing surface of the net, such as tarpaulin or plastic (no more than 2 such unconnected nets may be fished from any vessel at any time); hook and line gear; and gigs
  • Eliminates the late December/early January weekday closure to the commercial harvest of mullet
  • Changes (reduces) weekend commercial mullet harvest closures to begin at 4:00 p.m. on Fridays and end at 8:00 a.m. on Mondays

MULLET, CH 46-39, F.A.C. (Effective March 3, 1997)

  • Establishes the only allowable gear that may be used to harvest mullet as cast nets with a radius no greater than12 feet/7 inches; beach or haul seines; until January 1, 1999 - certain non-bottom fishing skimmer nets (in no case shall any net used be connected or exceed 500 square feet in total area, including any attached material that adds to the fishing surface of the net, and no more than 2 nets may be fished from a vessel at any time); hook and line gear; and gigs
  • Prohibits the simultaneous possession of any species of mullet in excess of the daily recreational bag limit (50 fish) and any gill or entangling net, including on separate vessels or vehicles operating together
  • Eliminates the July through September 500 pounds commercial daily vessel harvest limit for mullet
  • Eliminates the late December/early January closure to the commercial harvest of mullet
  • Changes (reduces) weekend commercial mullet harvest closures to begin at 4:00 p.m. on Fridays and end at 8:00 a.m. on Mondays
  • Deletes numerous unnecessary mullet rule provisions regarding the use of gill and trammel nets and areal restrictions

MULLET: CHARLOTTE COUNTY SEASONAL NIGHTTIME CLOSURE (Punta Gorda), CH 46-39, F.A.C. (Effective February 24, 1998)

Prohibits the harvest of mullet between the hours of 6:00 p.m. and 6:00 a.m. within the City of Punta Gorda from November 1 until March 1 each year.

MULLET, CH 46-39, F.A.C. (Effective November 16, 1998)

  • Extends the designation of mullet as a restricted species to waters of the Florida Panhandle west of the Ochlockonee River
  • Prohibits the possession and sale of mullet taken in illegal gill or entangling nets

MULLET, CH 46-39, F.A.C. (Effective December 31, 1998)

Extends the allowance on the use of certain specified skimmer nets to harvest mullet until January 1, 2000.

MULLET, CH 68B-39, F.A.C. (Effective March 30, 2000)

Increases the vessel limit for black mullet from 50 fish to 100 fish daily if two or more licensed persons are aboard during the period Feb. 1 through Aug. 31 each year

MULLET, CH 68B-39, F.A.C. (Effective July 1, 2001)

Prohibits spearfishing of mullet in freshwater.

MULLET, CH 68B-39, F.A.C. (Effective October 7, 2001)

Establishes the weekend closure to commercial mullet fishing as 12:01 a.m. Saturday until 12:01 a.m. Monday.

MULLET, CH 68B-39, F.A.C. (Effective July 1, 2003)

  • Designates silver mullet as a restricted species
  • Prohibits the commercial harvest of silver mullet during February on the Atlantic coast
  • Implements a statewide Saturday-Sunday closure for commercial harvest of silver mullet from July 1 - Jan. 31 and prohibits the sale of silver mullet harvested during this closure
  • Implements a statewide aggregate recreational bag limit for both striped and silver mullet of 50 fish per person (from Feb. 1 to Aug. 31, a maximum vessel limit of 100 mullet applies, and from Sep. 1 - Jan. 31, a maximum vessel limit of 50 mullet applies)

MULLET, CH 68B-39, F.A.C. (Effective July 13, 2008)

Allows the commercial harvest of striped mullet on weekends

OYSTERS - Emergency Rule, CH 46ER85-5, F.A.C. (Effective October 1 - December 29, 1985)

Bag limits: 5 bushels of oysters harvested per boat per day in Okaloosa and Walton counties and 20 bushels of oysters per day in Wakulla, Dixie, and Levy counties

OYSTERS, CH 46-27, F.A.C. (Effective December 30, 1985)

Extends bag limits (shown above in emergency rule) until all waters of Franklin County are reopened to oyster harvesting.

OYSTERS, CH 46-27, F.A.C. (Effective May 5, 1986)

  • Removes bag limits (as established above) in all counties other than Franklin and Gulf. Reopens Apalachicola Bay to oyster harvesting with the following restrictions:
  • No tolerance on harvesting undersized oysters (except for undersized oysters attached to legal-sized oysters too tightly to remove, for which a 15% tolerance exists)
  • Daily harvest limit of 15 bags of oysters per boat for commercial fishermen
  • Daily harvest limit of 1 bag of oysters per person for recreational fishermen
  • Closure to oyster harvesting on any Friday, Saturday, or Sunday
  • Closure to oyster harvesting from 4:00 p.m. to sunrise all other days
  • Closure to oyster harvesting in East Hole, Platform Bar, and Hotel Bar
  • Allowable harvest season of October 1 to June 30, with modified harvest areas
  • Establishment of Department of Natural Resources monitoring stations and tagging systems to regulate oyster harvesting

OYSTERS, CH 46-27, F.A.C. (Effective December 1, 1986)

Bag limits: 20 bags in Levy and Dixie counties, 15 bags in Wakulla County, and 10 bags in Escambia and Santa Rosa counties (daily, per person or boat, whichever is less)

OYSTERS, CH 46-27, F.A.C. (Effective November 26, 1987)

Allows oyster harvesting in North Bay in Bay County in the area west of Bailey Bridge (State Road 77) at all times except between July 1 and September 1 each year, and in the areas east of Bailey Bridge all year.

OYSTERS, CH 46-27, F.A.C. (Effective July 7, 1988)

  • Authorizes use of dredges on leased lands in Apalachicola Bay under certain conditions
  • Prohibits mechanical devices or trawls to harvest oysters from public lands
  • Allows recreational harvest of oysters in Apalachicola Bay on weekends
  • Designates production zones for purposes of identifying shellstock containers
  • Requires washing and shading of oysters
  • Deletes obsolete restrictions on number of days allowed for commercial harvest of oysters in Apalachicola Bay and allows DNR Executive Director to open the Bay to commercial harvest on Friday, Saturday, and Sunday in certain circumstances
  • Allows authorized persons other than Marine Patrol officers to check oysters at monitoring stations
  • Requires that tags remain on oyster bags until contents are processed

OYSTERS, CH 46-27, F.A.C. (Effective April 18, 1990)

Reinstates the closure of North Bay in Bay County to all harvest of oysters from June 1 through August 31 each year and allows oysters cultivated from eggs by licensed or lawfully allowed mariculture operations to be possessed and sold at sizes below the minimum size limit for purposes of grow-out to legal size under certain conditions.

OYSTERS, CH 46-27, F.A.C. (Effective March 10, 1991)

  • Establishes a statewide commercial limit of 15 bags daily per person or vessel, whichever is less, except the limit in Levy and Dixie counties is set at 20 bags daily per person or vessel, whichever is less
  • Sets a statewide recreational daily limit of two bags per person or vessel, whichever is less
  • Establishes a statewide three inch minimum size limit for oysters with a 15 percent tolerance for undersized, attached oysters, and a 5 percent tolerance for undersized, unattached oysters
  • Requires persons harvesting oysters from areas where monitoring stations are operating to pass through these stations and comply with all Department of Natural Resources requirements for such stations
  • Prohibits the commercial harvest of oysters in Apalachicola on Friday, Saturday, and Sunday from July 1 through September 30 and on Saturday and Sunday from October 1 through June 30
  • Prohibits the use of trawls, dredges, drags, scrapes, or other mechanical devices (except ordinary hand tongs) for harvesting oysters, and allows oysters to be harvested by hand, while diving, swimming, leaning from vessels, or wading, and by tongs
  • Prohibits the harvest of oysters statewide between sunset and sunrise, except where monitoring stations are in operation, in which case harvest is prohibited between 4:00 p.m. and sunrise
  • Establishes a statewide harvest season for oysters as October 1 through June 30 each year, except that the season in Dixie and Levy counties shall be September 1 through May 31 each year, and Apalachicola Bay shall have a summer harvest season between July 1 and September 30 each year
  • Exempts certain licensed or lawfully allowed mariculture operations from size limits, bag limits, and seasons by meeting certain criteria
  • Exempts leaseholders of submerged lands from these rules if pursuant to provisions in valid leases

OYSTERS, CH 46-27, F.A.C. (Effective November 29, 1993)

  • Establishes a daily commercial harvest limit of 20 bags of oysters statewide
  • Allows the commercial harvest of oysters, during the October through June "winter season" in Apalachicola Bay, seven days a week from November 16 through June 30
  • Allows Apalachicola Bay to be closed for health purposes or if the Department of Environmental Protection determines that the harvest of 300 bags of oysters per acre in the Bay is not sustainable

OYSTERS - WAKULLA COUNTY, CH 46-27, F.A.C. (Effective October 3, 1994)

Changes the oyster harvesting season in Wakulla County to occur from September 1 through May 31 each year.

OYSTERS - APALACHICOLA BAY - Emergency Rule, CH 46ER94-1, F.A.C. (Effective September 13 - December 12, 1994)

Prohibits the harvest of oysters from Apalachicola Bay from September 13, 1994 through November 13, 1994. Allows commercial fishermen to harvest a daily vessel limit of 10 bushels of oysters on weekdays only from November 14, 1994 through December 12, 1994, and allows recreational fishermen to harvest a daily vessel limit of one bushel of oysters during this period.

OYSTERS - APALACHICOLA BAY, CH 46-27, F.A.C. (Effective June 1, 1999)

  • Allows the harvest of oysters in Apalachicola Bay on Sundays through Thursdays from July 1 through September 30 each year
  • Eliminates the commercial vessel bag limit for oysters in Apalachicola Bay from October 1 through June 30 each year

OYSTERS, CH 68B-27, F.A.C. (Effective October 7, 2001)

Provides that enforcement of the oyster minimum size limit be conducted on the water only.

OYSTERS, CH 68B-27, F.A.C. (Effective September 1, 2005)

Changes the Apalachicola Bay winter oyster harvest season from Oct. 1 - June 30 to Sept. 1 - May 31 and the summer season from July 1 - Sept. 30 to June 1 - Aug. 31.

OYSTERS, CH 68B-27, F.A.C. (Effective May 18, 2006)

Allows oysters to be harvested in Apalachicola Bay for commercial purposes any day of the week during the period beginning on November 16 each year through May 31 of the following year.

POMPANO, CH 46-35, F.A.C. (Effective July 1, 1989)

  • Minimum size limit: 10 inches fork length
  • Maximum size limit: Prohibits the sale of pompano greater than 20 inches fork length
  • Snatch hooking and the use of multiple hooks with natural bait prohibited
  • Must be landed in whole condition

POMPANO, AFRICAN POMPANO, PERMIT, CH 46-35, F.A.C. (Effective January 1, 1996)

FLORIDA POMPANO and PERMIT:

  • Establishes 10 inches minimum/20 inches maximum size limits for all harvest of both species
  • Establishes an aggregate 10 fish daily recreational bag limit for both species, with an allowance of 1 fish over 20 inches in length
  • Pompano - hook and line, cast net, and beach and haul seine gear only / Permit - hook and line gear only
  • Prohibits sale of fish less than 10 inches and greater than 20 inches in length

AFRICAN POMPANO:

  • Establishes a 24 inches minimum size limit for all harvesters
  • Prohibits all daily harvest, possession, and sale of more than 2 fish per person or vessel (whichever is less)
  • Allows the use of only hook and line gear
  • Additional provisions:
  • Designates all the above listed species as "restricted species"
  • Defines "length" (for purposes of determining size limits for the above species) as the measurement of the fish from the most forward point of the head to the rear center edge of the tail
  • Requires all the above species to be landed in a whole condition, and prohibits the possession of any such fish that are not in a whole condition in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty
  • Prohibits the use of any multiple hook in conjunction with natural bait, and snagging (snatch hooking) to harvest the above species in state waters
  • Allows size/bag limit exemptions to Florida pompano aquaculture operators who provide proper documentation

POMPANO, AFRICAN POMPANO, PERMIT, CH 68B-35, F.A.C. (Effective November 1, 2001)

  • Provides that qualified fishermen may harvest pompano with gill nets in specified federal waters adjacent to state waters under certain conditions, which include pompano endorsement or special activity license, vessel length, net specification, and landings requirements
  • Allows eligible fishermen to possess a gill net and pompano in specified state and adjacent federal waters
  • Provides that commercial fishermen who do not possess a pompano endorsement or special activity license will be subject to existing gear limitations, as well as a daily harvest, possession and sale limit of 250 fish caught per vessel in state waters
  • Allows a bycatch of 100 pompano in legal nets targeting other legal species in federal waters

POMPANO, AFRICAN POMPANO, PERMIT, CH 68B-35, F.A.C. (Effective January 1, 2004)

  • Establishes a minimum size limit of 11 inches fork length for all harvest of pompano and permit
  • Establishes an aggregate recreational bag limit of six fish daily per person for pompano and permit
  • Applies the 250-fish commercial harvest and landing limit for pompano to fish caught in federal as well as state waters (gill net fishermen who possess a pompano endorsement and fish in federal waters between Cape Sable and Hurricane Pass in southwest Florida are not affected by this action)
  • Eliminates the pompano special activity license program

POMPANO, AFRICAN POMPANO, PERMIT, CH 68B-35, F.A.C. (Effective July 1, 2005)

Establishes a vessel possession limit of two permit and pompano larger than 20 inches fork length in state and federal waters.

PRIMA FACIE EVIDENCE RULE PROVISIONS: TITLE 46, F.A.C. RULE REPEALS (Effective July 15, 1996)

Deletes language establishing what constitutes prima facie evidence for violation or establishing a presumption. Rules amended by this action include gear, Biscayne Bay-Card Sound Spiny Lobster Sanctuary, king mackerel, reef fish, queen conch, bay scallops, oysters, sardines, shrimp, billfish, black drum, mullet, dolphin, and marine life.

PUFFER FISH, PROHIBITION ON TAKE IN VOLUSIA, BREVARD, INDIAN RIVER, ST. LUCIE AND MARTIN COUNTIES, CH 68B-3.007, F.A.C. (Effective July 15, 2004)

Prohibits all harvest of puffer fish from the waters of Volusia, Brevard, Indian River, St. Lucie and Martin counties.

QUEEN CONCH, CH 46-16, F.A.C. (Effective June 17, 1985)

Prohibits any person from taking, harvesting, killing, molesting, harming, or mutilating any queen conch from the land or waters of Florida.

QUEEN CONCH, CH 46-16, F.A.C. (Effective December 11, 1986)

Extends existing rule (shown above) to persons aboard Florida registered vessels in federal waters contiguous to Florida waters.

QUEEN CONCH, CH 46-16, F.A.C. (Effective July 1, 1990)

Prevents persons in vessels registered in other states from harvesting queen conch in adjacent federal waters and landing the animals in Florida.

QUEEN CONCH, CH 46-16, F.A.C. (Effective January 1, 1991)

Designated as "protected species".

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective September 12, 1985)

  • Minimum size limits: 16 inches total length in state waters from Florida/Alabama border east and south to a straight line drawn from Bowlegs Point in Dixie County southwesterly through Marker 16, and 18 inches total length in all other state waters
  • Maximum size limit: Statewide possession limit of one redfish 32 inches total length, or larger, per person

RED DRUM (REDFISH) - Emergency Rule, CH 46ER86-3, F.A.C. (Effective November 7, 1986 - February 4, 1987)

Prohibits all harvest of redfish in Florida waters. Prohibits sale of native redfish.

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective February 12, 1987)

  • 18 inches total length minimum size limit extended to all state waters
  • Establishes March and April as closed season to all harvest in state waters
  • Must be landed in whole condition (head and tail intact)
  • Prohibits use of treble hooks while fishing with natural bait
  • Prohibits snatch hooking

RED DRUM (REDFISH) - Emergency Rule, CH 46ER87-1, F.A.C. (Effective May 1, 1987 - July 29, 1987)

Prohibits all harvest in state waters. Prohibits possession, transportation, buying, selling, or exchanging any native redfish.

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective July 9, 1987)

Continues emergency rule above for an indefinite period.

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective October 1 - December 31, 1987)

Temporary season opening for redfish to include:

  • 1 fish daily bag limit for recreational fishermen, with off-the-water possession limit of 2 fish
  • 5 fish daily bag limit per boat for commercial fishermen
  • Size limit of 18 inches to 27 inches total length
  • Use of treble hooks while fishing with natural bait prohibited
  • Fish must be landed in whole condition (heads and tails intact)
  • Redfish designated as "restricted species"
  • Prohibits harvest of native redfish beginning 1/1/88; sale of native redfish allowed until 1/5/88

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective January 1, 1989 - October 1, 1991)

  • Establishes 18 inches minimum size limit and 27 inches maximum size limit for redfish harvested in state waters
  • Establishes daily bag limit of 1 native redfish per person and an off-the-water possession limit of 2 fish per person
  • Prohibits the sale of native redfish
  • Closes the months of March, April, and May to harvest and possession of redfish
  • Allows the sale of redfish harvested elsewhere with proper documentation

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective June 3, 1991)

Continues above rule indefinitely, declares redfish as a "protected species", and prohibits gigging and spearing of redfish.

RED DRUM (REDFISH), CH 46-22, F.A.C. (Effective January 1, 1996)

  • Eliminates the March, April, and May closed season
  • Prohibits the simultaneous possession aboard a vessel of any gill net or entangling net together with any red drum
  • Requires all red drum to be landed in a whole condition, and prohibits the possession of red drum that are not in a whole condition in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty
  • Defines "total length" for red drum to mean the length of the fish measured from the most forward point of the head to the hindmost point of the tail

RED DRUM (REDFISH), CH 68B-22, F.A.C. (Effective March 17, 2004)

  • Allows the executive director of the FWC, or a designee, to issue permits to participants in qualified catch and release redfish tournaments to catch, hold, and release fish under the following conditions:
  • Tournament competitors and staff must attempt to release all redfish alive, including those fish that are weighed in
  • Best management practices must be used for handling of fish
  • Tournament boats must contain aerated or re-circulating live wells, with a minimum size of 18-gallons or the volumetric equivalent
  • Dead redfish may not be discarded when fish are caught, held, and released
  • Redfish must be placed in recovery tanks after weigh-in before being released
  • The tournament must provide the FWC with a description of the release location (as a condition of the exemption permit, the FWC may specify the tournament release location)
  • The tournament must submit a post-tournament report
  • The tournament must agree to allow the FWC the opportunity to conduct research and onboard monitoring, as needed
  • Two-person tournament teams may possess two redfish
  • Tournament catch, hold, and release permits may only be issued to catch-and-release redfish tournaments that agree to all permit conditions