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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:
- 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
- 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
- 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
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