F.S SALTWATER FISHERIES Ch.370

Transcription

1 F.S SALTWATER FISHERIES Ch.370 a trotline must have attached at each end a permanently floating or timed release buoy. This license number may be issued by the Division of Law Enforcement upon the receipt of application by the owner of the traps, cans, drums, buoys, or similar devices and accompanied by the payment of a fee of $50. The design of the applications and of the license number shall be determined by the division. The trap license number shall be painted or affixed in legible figures at least 3 inches high on each buoy, drum, can, trap, or similar device. Any trap, drum, can, buoy, or similar device used in the taking or in attempting to take crawfish, other than the devices listed and described in subparagraphs 1. and 2. of paragraph (a) with license number attached as prescribed in this paragraph, shall be seized and destroyed by the division. The proceeds of the fee imposed by this paragraph shall be used by the Department of Natural Resources for the purposes of enforcing the provisions of this section through aerial and other surveillance. It shall be unlawful to sell crawfish without possession of a valid crawfish license or for a licensed wholesale dealer to buy crawfish from anyone other than the holder of a valid crawfish license. However, a licensed dealer may buy crawfish from a licensed wholesale dealer. The above shall not prohibit retail sales of crawfish by a licensed retail dealer. The Department of Natural Resources is authorized to promulgate rules and regulations to carry out the intent of this section. (c) The crawfish license must be on board the boat, and both the license and the harvested crawfish shall be subject to inspection at all times. Only one license shall be issued for each boat. The crawfish license number must be prominently displayed above the topmost portion of the boat so as to be easily and readily identified. It is a felony of the third degree, punishable as provided in s or s , for any person willfully to molest any traps, lines, or buoys, as defined herein, belonging to another without permission of the licenseholder. (d) Any crawfish licenseholder, upon selling licensed crawfish traps, shall furnish the division notice of such sale of all or part of his interest within 15 days thereof. Any holder of said license shall also notify the division within 15 days if his address no longer conforms to the address appearing on the license and shall, as a part of such notification, furnish the division with his new address. (e) Possession of crawfish traps or parts thereof or other devices for the taking of crawfish, above or below the surface of the water, or the placing or setting of traps or similar devices during the closed season shall be unlawful, except as authorized herein. (f) Upon the arrest and conviction for violation of any of the crawfish regulations or laws, the licenseholder must show just cause why his license should not be suspended or permanently revoked. (g) It is unlawful for any person who is not a licenseholder or any boat without a current license prominently displayed as required by this section, in or on the waters of this state, to possess, have on board, or remove from the waters of the state, within any 24-hour period, more than 24 crawfish. (h) No person, firm, or corporation shall take 401 crawfish by means of grains, spears, grabs, hooks, or similar devices. The possession of speared, pierced, or punctured crawfish or crawfish tails shall be prima facie evidence of violation of this section. (i) Upon posting a $250 bond, payable to the Florida Saltwater Products Promotion Trust Fund and approved by the Division of Law Enforcement, a licenseholder may possess, while on the water, undersized crawfish not exceeding 200 per license or 3 per trap aboard each boat, whichever is greater, if used exclusively for luring or decoying noncaptive crawfish into traps. Such undersized crawfish must be kept alive, wet, and shaded while in possession and shall be returned and released to the water alive and unharmed immediately upon leaving the trap lines and prior to 1 hour after official sunset. Any boat or undersized crawfish shall be subject to inspection and search without a search warrant for violation of this section by any authorized agent or employee of the division or by any other law enforcement officer, provided such inspection or search is conducted when the owner or operator is on board such boat. Upon conviction of the illegal possession of undersized crawfish tails, the licenseholder shall forfeit said bond to the fund. (4) CLOSED SEASON.-No person, firm, or corporation shall take or have in his possession, regardless of where taken, any saltwater crawfish (spiny lobster or crayfish) of the species Panulirus argus, during the closed season of April1 through July 25 of each year, except by special permit and as provided by s , for storage and distribution of inventory stocks. (a) Special permit to import saltwater crawfish during closed season.- 1. By a special permit granted by the Division of Law Enforcement, a Florida licensed seafood dealer may lawfully import, process, and package saltwater crawfish or uncooked tails of the species Panulirus argus during the closed season. However, crawfish landed under special permit shall not be sold in the state. 2. The licensed seafood dealer importing any such crawfish under the permit shall, 12 hours prior to the time the seagoing vessel or airplane delivering such imported crawfish enters the state, notify the Division of Law Enforcement as to the seagoing vessel's name or the airplane's registration number and its captain, location, and point of destination. 3. At the time the crawfish cargo is delivered to the permitholder's place of business, the crawfish cargo shall be weighed in the presence of the marine patrol officer, and a signed receipt of such quantity in pounds shall be furnished to said officer, which receipt shall be filed by the marine patrol officer with the Division of Law Enforcement. 4. Within 48 hours from the time the receipt is given to the marine patrol officer, the permitholder shall submit to the Division of Law Enforcement, on forms provided by the division, a sworn report of the quantity, in pounds, of the saltwater crawfish received, which report shall include the location of said crawfish and a sworn statement that said crawfish were taken at least 50 miles from Florida's shoreline. The landing of crawfish or crawfish tails from which the eggs or swimmerettes, pleopods, have been re-

2 Ch.370 SALTWATER FISHERIES F.S moved; the falsification of information as to area from which crawfish were obtained; or the failure to file the report called for in this section shall be grounds to revoke the permit. 5. Each permitholder shall keep throughout the period of the closed season copies of the bill of sale or invoices covering each transaction involving crawfish imported under this permit. Such invoices and bills shall be kept available at all times for inspection by the division. (b) Special permit license fees.- 1. A Florida licensed seafood dealer may obtain a special permit to import, process, and package uncooked tails of saltwater crawfish upon the payment of the sum of $100 to the Division of Law Enforcement. 2. A special permit must be obtained by any airplane or seagoing vessel other than a common carrier used to transport saltwater crawfish or crawfish tails for purchase by licensed seafood dealers for purposes as provided herein upon the payment of $ All special permits issued under subparagraphs 1. and 2. are nontransferable. (5) CARRIERS.-No common carrier or employee of said carrier may carry, knowingly receive for carriage, or permit the carriage of, any crawfish of the species Panulirus argus, regardless of where taken, during the closed season of Aprill through July 25 of each year, except of the species Panulirus argus lawfully imported from a foreign country for reshipment outside of the territorial limits of the state under U.S. Customs bond or in accordance with subparagraph ( 4)(a) 1. (6) SPORTS FISHERMEN'S CRAWFISH SEA SON.- (a) Notwithstanding the provisions of this chapter, there is created a sports fishermen's crawfish season to be on July 20 and 21 of each year. (b) No person may have in his possession more than 6 crawfish on July 20, nor more than 12 crawfish cumulatively for July 20 and 21. (c) Any vehicle, boat, or other transportation device may, with probable cause, be searched during the sports fishermen's crawfish season. (7) PENALTY.- (a) Any person violating the provisions of this section, unless otherwise provided, is guilty of a misdemeanor of the second degree, punishable as provided ins or s (b) Any person convicted of a violation of this section for a second or more time, unless otherwise provided, is guilty of a misdemeanor of the first degree, punishable as provided in s or s History.-s. 2, ch , 1953; s. I, ch , 1955; s. I, ch ; s. I, ch ; ss. 25, 35, ch ; s. I, ch ; s. I, ch ; s. I, ch ; s. I, ch ; ss. 292, 293, ch ; s. I, ch ; S: I, ch ; s. I, ch ; s. I, ch ; s. 2, ch ; s. I, ch ; s. 110, ch ; ss. 3, 4, 5, 6, 7, ch ; s. I, ch ; s. 8, ch 'Note.-Repealed effective July I, 1986, by s. 8, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1986, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 8, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource Crawfish and stone crab; reports by dealers during closed season required.- (!) Within 3 days after the commencement of the closed season for the taking of saltwater crawfish and stone crabs, each and every seafood dealer, either retail or wholesale, of the state shall submit to the Division of Marine Resources, on forms provided by the division, a sworn report of the quantity, in pounds, of frozen saltwater crawfish and stone crabs, frozen crawfish tails, and frozen crawfish and stone crabmeat in his (its) name or possession at the beginning of the aforementioned closed season. This report shall state the location of and describe each as to the number of pounds of frozen crawfish and stone crabs, frozen crawfish tails, and frozen crawfish and stone crabmeat. Any reports postmarked later than midnight of the 3rd day after the commencement of the closed season may not be accepted by the division, and the frozen stocks or crawfish and stone crabs reported therein may be seized by the division. (2) Whenever any dealer fails to submit a report as described above or should any dealer report a greater or lesser amount of frozen crawfish or stone crabs, frozen crawfish tails or frozen crawfish or stone crabmeat than is actually in his (its) possession or name, said dealer is and shall be considered in violation of the provisions of ss and , and the division may seize the entire supply of unreported or falsely reported frozen crawfish and stone crabs, tails or meat and shall carry same before the court for disposal as provided for under s (3) Each and every dealer having reported stocks of frozen crawfish and stone crabs as aforesaid may sell or offer for sale such stocks of frozen crawfish or frozen stone crabs; however, such dealer shall submit an additional report on the 1st and 15th day of each month during the duration of the closed season on forms supplied by the division. Each dealer shall state on this report the number of pounds sold during the report period and the pounds remaining on hand. In every case the amount of frozen crawfish and stone crabs sold and the amount remaining on hand shall total to equal the amount reported on hand in the last submitted report. Reports postmarked later than midnight of the 2nd and 16th of each month during the duration of the closed season may not be accepted by the division. Whenever any dealer fails to submit the semimonthly supplementary report as described above the division may impound said dealer's entire stock of frozen crawfish and stone crabs for the remainder of the closed season. (4) Each and every seafood dealer shall at all times during the closed season make his stocks of frozen crawfish and stone crabs, frozen crawfish tails or frozen crawfish and stone crabmeat available for inspection by the division. (5) Each dealer in frozen crawfish or stone crabs, frozen crawfish tails or frozen crawfish and stone crabmeat shall keep throughout the period of the closed season copies of the bill of sale or invoice covering each transaction involving frozen crawfish and stone crabs, tails or meats excepting only retail sale directly to the consumer. Such invoices and bills shall be kept available at all times for inspection by the division.

3 F.S.1983 SALTWATER FISHERIES Ch.370 (6) Any person violating this section shall be guilty of a misdemeanor of the first degree, punishable as provided ins or s History.- ss. 1, 2, 3, 4, 5, 6, ch ; ss. 25, 35, ch ; s. 294, ch ; s. 1, ch ' Shrimp; regulation.- (!) GENERAL AUTHORITY; CONSERVA TION.-The department is authorized and directed to adopt, promulgate, and enforce rules and regulations consistent with the provisions of this section and the general policy of encouraging the production of the maximum sustained yield consistent with the preservation and protection of breeding stock, taking into consideration the recommendations of the various marine laboratories, as well as those of interested and experienced groups of private citizens. Such rules and regulations are to control the method, manner, and equipment used in the taking of shrimp or prawn, as well as limiting and defining the areas where taken. (2) SHRIMP CATCH REGULATION; PENAL TY.- (a) It is unlawful for any person, firm, or corporation to catch, kill, or destroy shrimp or prawn within the waters of this state, or have in his possession any small shrimp or prawn taken in such waters, provided such small shrimp or prawn constitute at least 5 percent of all such shrimp or prawn in such possession. "Small shrimp" or "prawn" are defined as those that require more than 47 with the heads, or 70 without the heads, to make a pound by shrimp count. The words "shrimp count" shall refer to the number of shrimp, heads off, 70 to make a pound or 47 with the heads on to make a pound. This count shall be determined by random sampling in five different locations in the catch, at as widely separated distances and depths as practicable. Each sample shall consist of at least 1 pound of shrimp. The average counts of these five samples shall be the established count for the cargo. In the event shrimp, which when caught, landed, and prior to grading were of legal size under the terms of this subsection, are thereafter graded for size for the purpose of packaging, processing, or other lawful purpose; the smaller shrimp making up the average count of such entire lot as herein provided are graded out into separate lot or lots; and such shrimp so segregated from such entire lot are above the average count as herein provided, the possession, purchase, sale, unloading, transporting, or handling of such particular smaller graded shrimp is not unlawful. This provision excludes any product which has been processed and imported into the state. "Processed" is defined as frozen, canned, or packaged in up to 10-pound packages. This section does not apply to shrimp caught legally under a live bait license or to fishing camps which sell bait shrimp to persons for recreational purposes. Shrimp caught under a live bait license may only be sold as bait shrimp, and sales tax shall be collected thereon. (b) Any person, firm, or corporation convicted of violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s In the event of a second or subsequent conviction of a violation of this subsection within 24 months, the division shall suspend the 403 license of the violator for a period not to exceed 1 year. (3) REGULATION OF BREEDING AR EAS.-Any areas or places as defined in subsection (2) shall be designated sanctuary areas for shrimp and prawn to be opened or closed to the taking of shrimp or prawn according to the provisions of this section or the rules and regulations of the division. (4) CATCHING SHRIMP AT NIGHT.-It is unlawful to catch or attempt to catch shrimp or prawn in the territorial waters of the state in any county whose coastal boundary borders solely on the Atlantic Ocean, by use of trawl nets during night hours except during the months of June, July, and August. (5) SHRIMP TRAPS.- (a) It is unlawful for any person, firm, or corporation to take or attempt to take shrimp by the use of any trap which: 1. Exceeds the following dimensions: 36 inches long (from rear of the heart to the leading edge of the trap), by 24 inches wide (between the leading edges of the trap, or heart opening), by 12 inches high; or 2. Has external or unattached wings, weirs, or other devices intended to funnel shrimp to the trap heart. (b) This subsection shall not be construed to restrict the allowable shape or configuration of any shrimp trap so long as the trap, together with all of its parts, conforms to the specifications of paragraph (a). (c) Any shrimp trap which conforms to the specifications of paragraph (a) shall not be considered a pound net. (d) The user of any trap shall affix his name and address securely to each trap. Any such trap not having proper identification is subject to confiscation by the department. No person, firm, or corporation shall have more than four traps in use at any time. The department shall have the authority to inspect such traps when being used in or on the waters of the state. (e) The presence of unattended shrimp traps on or attached to beaches, causeways, seawalls, bridges, or any other structures open for use by the public is hereby declared to be a nuisance. Any such trap which is not attended by the person whose name is affixed to the trap is subject to confiscation by the department. (f) Any person, firm, or corporation which violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided ins or s (6) SHRIMP FISHING; PERMITS; PENAL TY.- (a) All persons, firms, and corporations desiring to fish for commercial or bait shrimp within areas in which trawling is permitted shall first apply to the Division of Marine Resources for a permit. Such applications shall be made on forms to be supplied by the division and which shall require the applicants to furnish such information as may be deemed pertinent to the best interests of saltwater conservation. However, the division may refuse to grant a permit when it is apparent that the best interests of saltwater conservation will be served by such denial. A per-

4 Ch.370 SALTWATER FISHERIES F.S.1983 mit so granted shall remain on board at all times and is subject to immediate revocation upon conviction follow the westerly and northern right-of-way of U.S. Highway 1 to a point on Saddlebunch Key latitude for violation of this section or when it becomes ap '06"North and approximate longitude 81 36'42" parent that the best interests of saltwater conservation will be served by such action. Due to the varied West; thence on a straight line to the point of begin ning. habitats and types of bottoms and hydrographic con- (b) All persons, firms, and corporations desiring ditions embraced by the open fishing area, the clivi- to fish for live bait shrimp within the above described sion shall have the authority to specify and regulate area shall first apply to the Division of Law Enforcethe types of gear that may be used in the different ment for a permit. Such application shall be made on sections of the open areas. forms to be supplied by the division which shall re- (b) Any person, firm, or corporation convicted of quire the applicant to furnish such information as violating the provisions of this section is guilty of a may be required by the department. misdemeanor of the second degree, punishable as (c) The division may refuse to grant a permit provided in s In the event of a second or when it is apparent that the best interests of saltwasubsequent conviction of a violation of this subsec- ter conservation will be served by such denial. tion within 24 months, the division shall suspend the (d) A permit so granted is subject to immediate license of the violator for a period not to exceed 1 revocation upon conviction for violation of this subye(~ ) CLOSED AREA IN SANTA ROSA section or when it becomes apparent that the best in SOUND.- terests of saltwater conservation will be served by (a)l. It is unlawful to take or catch shrimp, other such revocation. than bait shrimp with any type net or other method, (e) Any person convicted of violating the proviin the following area: That portion of Santa Rosa sions of this subsection is, for the first conviction, Sound lying in Escambia, Santa Rosa, and Okaloosa guilty of a misdemeanor of the second degree, pun Counties and between Brooks Bridge as the east ishable as provided in s or s A secboundary and Bascule Bridge in Santa Rosa County ond or any subsequent violation by any person of this as the west boundary. subsection is a felony of the third degree, punishable 2. Live bait shrimp may be caught at any time as provided in s or s but only under permit issued by the division. Permit- History.-s. 2, ch , 1953; s. 1, ch ; s. 1, ch ; s. 1, ch ; ss. I, 2, 3, ch ; ss. 25, 35, ch ; s. 1, ch ; s. 295, ch. tees must fish with gear and under those con d itions ; s. 1, ch ; ss. 1, 2, ch ; s. 8, ch ; ss. 1, 3, ch ; s. 1, specified by the division. Application for such per- ch ; s. 8, ch 'Note.-Repealed effective July I, 1986, by s. 8, ch , which further mits shall be On forms supplied by the division, and provides that if the Governor and Cabinet have not adopted appropriate rules no charges may be made for issuing said permits. A by J uly 1, 1986, this section shall remain in force until such rules are effective. 't h 11 b bl h th h ld d t Section 9, ch , provides that, prior to the adoption of rules amending, reperm1 S a e revoca e W en e 0 er oes no adopting, or repealing those provisions set forth in s. 8, the Marine Fisheries comply with the laws and regulations applicable to Commission shall hold a public hearing thereon, and no such amendment, reasaltwater conservation. All vessels fishing for live bait doption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the reshrimp must be equipped with live bait shrimp tanks, source. and no more than 5 pounds of dead shrimp will be allowed on board such vessel per day. (b) Any person convicted of violating the provi- ' Tortugas shrimp beds; closed areas; permits; penalties.- sions of this subsection is, for the first or second con- (1) It is the intention of the Legislature that acviction, guilty of a misdemeanor of the second degree, tion should be taken to conserve the supply of shrimp punishable as provided in s or s A in the large shrimp beds which lie in and around the third or any subsequent violation by any person of this subsection within a 3 -year period is a felony of coast of the Lower Keys of Florida and in the vicinity the third degree, punishable as provided in s of the islands of Dry Tortugas in the Florida Keys, or s hereinafter referred to as the "Tortugas Shrimp Bed," (8) CLOSED AREA FOR SHRIMPING.- and which furnish more than 50 percent of the (a) No shrimping except for live bait shrimp shall shrimp in waters adjacent to the coast of Florida. It be permitted in all waters within the following de- is further the sense of this Legislature that the scribed area: Begin at a point of latitude 24o41'54" shrimp industry is a valuable industry to the econo North and longitude 81 40'30"West near Snipe Point my of this state and deserves adequate protection. in Monroe County; thence go North 35 53'16" West (2) Tortugas Shrimp Bed is described as follows: approximately 9 nautical miles to a point of approxi- (a) Begin at Coon Key Light in Collier County; mate latitude 24 41'55" North and longitude thence proceed on a straight line to a point which is 81 46'15" West, 3 marine leagues seaward of Snipe located at 24 54'30"north latitude and 81 50'30"west Point; thence easterly and northerly following a line longitude; thence proceed on a straight line to a point which is 3 marine leagues seaward of the mean located at 24 48'00"north latitude and 82 00'00"west low-water line of the seawardmost points in Florida longitude; thence proceed on a straight line to a point Bay and the Gulf of Mexico to a point at latitude located at 24 45'00"north latitude and 82 22'30"west 26 00'00" North and approximate longitude 81 56'30" longitude; thence proceed on a straight line to Rebec West; thence east to a point on the mean high-water ca Shoals Light; thence proceed on a straight line to line at latitude 26 00'00" North and approximate longitude 81 44'06" West; thence southerly and easterly R. B. Bell Buoy; thence proceed on a straight line to Cosgrove Shoal Light; thence proceed on a straight along the mean high-water line of the Florida main- line to Sand Key Light; thence proceed northerly to land to its intersection with the westerly right-of-way of the U.S. Highway 1 bridge in Long Sound; thence the abandoned lighthouse located in the southwest portion of Key West; thence along the south and east 404

5 F.S SALTWATER FISHERIES Ch.370 meandered shoreline of the Florida Keys and the connecting viaducts between said Keys to 80 30'00" west longitude; thence north until a point on the mainland is reached; thence proceed west and north along the coast of the mainland of Florida until a point is reached which is located due north of the aforementioned Coon Key Light located in Collier County; thence due south to Coon Key Light, the point of beginning. (b) No shrimping shall be permitted at any time except live bait production as provided in this chapter in the above-described area. (3)(a) The Division of Law Enforcement is authorized to take title in the name of the state to any vessel or vessels suitable for use in carrying out the inspection and patrol of the Tortugas Bed which may be offered as a gift to the state by any person, firm, corporation, or association in the shrimp industry for the purpose of carrying out the provisions of this section. In the event such title is taken to such vessel or vessels, the division is authorized to operate and keep said vessel or vessels in proper repair. (b) The division is further authorized to accept the temporary loan of any vessel or vessels, suitable for use in carrying out the provisions of this section, for periods not exceeding 1 year. However, the state shall not assume any liability to the owner or owners of said vessels for any damage done by said vessels to other vessels, persons, or property. In the operation of said loaned vessels, upkeep and repair shall consist only of minor repairs and routine maintenance. The owner or owners shall carry full marine insurance coverage on said loaned vessel or vessels for the duration of the period during which said vessels are operated by the state. (4) It is unlawful to land or attempt to land any shrimp in the territorial waters of the state without a permit issued by the Division of Law Enforcement. Such permit shall be issued without charge. The division may revoke such landing permit upon a violation of any portion of this section. Such revocation of permit by the division may be reviewed by the Department of Natural Resources. (5) It is unlawful for any person, firm, or corporation to receive any shrimp from any vessel not in possession of a valid permit issued by the Division of Law Enforcement. Any person violating this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided ins (6) The owner or master of any vessel not equipped with live shrimp bait tanks dragging shrimp nets in the above-defined area without a live bait permit for this area is guilty of a misdemeanor of the second degree, punishable as provided in s , and the nets and shrimping door shall be confiscated. A second violation by any person under this subsection shall be a misdemeanor of the second degree, punishable as provided in s or s A third or any subsequent violation by any person under this subsection within a 3-year period shall be a felony of the third degree, punishable as provided ins and s (7) Each offense under all subsections, except subsections (5) and (6), shall be a misdemeanor and punishable as follows: 405 (a) For the first offense the owner or the master shall be guilty of a misdemeanor of the second degree, punishable as provided in s , and the nets and shrimping door shall be confiscated as provided in s (b) For the second offense the owner or master shall be guilty of a misdemeanor of the second degree, punishable as provided in s , and the vessel shall be confiscated as provided in s (c) For the third offense within a 3-year period the owner or master shall be guilty of a felony of the third degree, punishable as provided in s , and said equipment and instruments shall be confiscated as provided in s (d) In addition to the fines enumerated above, the court may punish the master as provided in s (8)(a) Nothing in this section shall apply to the taking of live shrimp for bait. All persons, firms, and corporations desiring to fish for live bait shrimp within any area shall first apply to the Division of Law Enforcement for a permit. Such application shall be made on forms to be supplied by the division which shall require the applicant to furnish such information as may be deemed pertinent to the best interests of saltwater conservation. (b) The division may refuse to grant permits when it is apparent that the best interests of saltwater conservation will be served by such denial. (c) Permits so granted will be subject to immediate revocation upon conviction for violation of this subsection or when it shall be apparent that the best interests of saltwater conservation will be served by such revocation. (d) Due to the varied habitats and types of bottoms and hydrographic conditions, the division shall have the authority to specify and regulate the types of gear that may be used in the area. Such specifications and regulations shall be consonant with sound saltwater conservation. History.- ss. l, 2, 3, 4, 5, 6, 7, 8, 9, 10, ch ; s. 1, ch ; ss. 25, 35, ch ; s. 62, ch ; s. I, ch ; s. 296, ch ; s. 2, ch ; s. I, ch. 74-1; s. 23, ch ; s. 32, ch ; s. 8, ch 'Note.- Repealed effective July 1, 1986, by s. 8, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1986, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 8, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource. ' Regulation of shrimp fishing; Clay, Duval, Nassau, Putnam, Flagler, and St. Johns Counties.- ( I) DEFINITIONS.-When used in this section, unless the context clearly requires otherwise: (a) "Inland waters" means all creeks, rivers, bayous, bays, inlets, and canals. (b) "Sample" means one or more shrimp taken from an accurately defined part of the area defined. (c) "Series" means 10 or more samples taken within a period of not more than 1 week, each sample being taken at a different station within the pattern. (d) "Pattern" means 10 or more stations. (e) "Station" means a single location on the water of the areas defined.

6 Ch.370 SALTWATER FISHERIES F.S (f) "Licensed live bait shrimp producer" means ral Resources with the wholesale number of the faciliany individual licensed by the Department of Natu- ty to which the shrimp have been sold and shall subraj Resources to employ the use of any trawl for the taking of live bait shrimp within the inland waters of mit this number on a form designed and approved by the department. Nassau, Duval, St. Johns, Putnam, Flagler, or Clay 2. All persons who maintain onshore facilities as Counties. described in this paragraph, whether the facilities are (g) "Licensed dead shrimp producer" means any maintained by the licensed live bait shrimp producer individual licensed by the Department of Natural or by another party who purchases shrimp from live Resources to employ the use of any trawl for the tak- bait shrimp producers, shall keep records of their ing of shrimp within the inland waters of Nassau, transactions in conformance with the provisions of s. Duval, St. Johns, Putnam, Flagler, or Clay Counties (5). (2) SHRIMPING PROHIBITED.- It is unlawful (f) All commercial trawling in Clay, Duval, and to employ the use of any trawl or other net, except a St. Johns Counties shall be restricted to the inland common cast net, designed for or capable of taking waters of the St. Johns River proper in the area north shrimp, within the inland waters of Nassau, Duval, of the Acosta Bridge in Jacksonville and at least 100 St. Johns, Putnam, Flagler, or Clay Counties, except yards from the nearest shoreline. as hereinafter provided. (3) LIVE BAIT SHRIMP PRODUCTION.- (4) DEAD SHRIMP PRODUCTION.-Any per- (a) Any licensed live bait shrimp producer shall son may operate as a commercial dead shrimp probe permitted to use a roller-frame trawl or an otter trawl not to exceed 20 feet in width for the producducer on the St. Johns River provided that: (a) A dead shrimp production permit is procured tion of live bait shrimp. No other type or size of trawl shall be permitted. from the Department of Natural Resources upon the receipt by the department of a properly filled out and (b) A live bait shrimp production license shall be approved application by a person intending to use a issued by the Department of Natural Resources upon boat, not to exceed 35 feet in length in Duval, St. the receipt of an application by a person intending to Johns, Putnam, and Clay Counties, and not to exceed use a boat, not to exceed 35 feet in length in Duval, 45 feet in length in Nassau County, for dead shrimp St. Johns, Putnam, Flagler, and Clay Counties and production within the inland waters of Nassau Counnot to exceed 45 feet in length in Nassau County, for live shrimp production within the inland waters of ty and the inland waters of the St. Johns River of Du val, Putnam, St. Johns, Flagler, or Clay Counties, Nassau, Duval, St. Johns, Putnam, Flagler, or Clay which permit shall cost $250 and shall be required for Counties and the payment of a fee of $50. The design each vessel used for dead shrimp production. The deof the application and permit shall be determined by the department. The proceeds of the fee imposed by sign of the application and permit shall be deter mined by the Department of Natural Resources. The this paragraph shall be used by the Department of proceeds of the fees imposed by this paragraph shall Natural Resources for the purposes of enforcement of marine resource laws. be deposited into the account of the Motorboat Re volving Trust Fund to be used by the Department of (c) The executive director of the Department of Natural Resources for the purpose of enforcement of Natural Resources, or his designated representative, marine resource laws. may by order close certain areas to live bait shrimp (b) All commercial trawling shall be restricted to production when sampling procedures justify the the St. Johns River proper in the area north of the closing, based upon sound conservation practices. Acosta Bridge in Jacksonville and at least 100 yards The revocation of any order to close has the effect of opening the area. from the nearest shoreline. (c) No person may use any trawl exceeding 35 (d) Every live bait shrimp producer shall produce feet in length or less than a 1 V2 -inch stretch mesh evidence satisfactory to the department that he has the necessary equipment to maintain the shrimp with a 10-pound pull. Length measurement shall be made from the point where the webbing is hung on alive while aboard the shrimp fishing vessel. All vessels fishing for live bait shrimp must be equipped the cor kline at one end of the net to the point where the webbing is hung on the corkline at the opposite with live bait shrimp tanks of a type and capacity satisfactory to the department, and no more than 5 end of the net. (d) No person may use any tickler chain. pounds of dead shrimp will be allowed on board such vessel per day. (e) The Department of Natural Resources may, by rule, place additional restrictions upon the types (e)l. Each licensed live bait shrimp producer who of equipment to be used by dead shrimp producers. stores his catch for sale or sells his catch shall either: (f) All commercial shrimping activities shall be a. Maintain onshore facilities which have been allowed during daylight hours from Tuesday through annually checked and approved by the local Marine Patrol office to assure the facilities' ability to main- Friday each week. (g) No person holding a dead shrimp production tain the catch alive when the live bait shrimp produc- permit issued pursuant to this subsection shall simuler produces for his own facility; or b. Sell his catch only to persons who have onshore taneously hold a permit for noncommercial trawling under the provisions of subsection (5). The number facilities which have been annually checked and ap- of permits issued by the department for commercial proved by the local Marine Patrol office to assure the trawling or dead shrimp production in any one year facilities' ability to maintain the catch alive, when shall be the number issued in the base year, All the producer sells his catch to an onshore facility. permits shall be nontransferable and annually renew The producer shall provide the Department of Natu- able only by the original holder thereof. All permits 406

7 F.S SALTWATER FISHERIES Ch.370 not renewed shall expire and shall not be renewed under any circumstances. (h) It is illegal for any person to sell dead shrimp caught in the St. Johns River, unless the seller is in possession of a dead shrimp production license issued pursuant to this subsection. (i) It is illegal for any person to purchase shrimp for consumption from any seller (with respect to shrimp caught in the St. Johns River) who does not produce his dead shrimp production license prior to the sale of the shrimp. (j) In addition to any other penalties provided for in this section, any person who violates the provisions of this subsection shall have his license revoked by the department. (5) NONCOMMERCIAL TRA WLING.-Any person may harvest shrimp in the St. Johns River for his own use as food and may trawl for such shrimp under the following conditions: (a) Each person who desires to trawl for shrimp for use as food shall obtain a noncommercial trawling permit from the local Marine Patrol office of the Department of Natural Resources upon filling out an application on a form prescribed by the department and upon paying a fee for the permit, which shall cost $50. (b) Each trawl used for noncommercial trawling shall measure not more than 15 feet from the point where the webbing is hung on the corkline at one end of the net to the point where the webbing is hung on the corkline at the opposite end of the net, and the nets shall be no less than 1 V2 inches stretch mesh. Only one trawl shall be pulled at a time. (c) All trawling shall be restricted to the confines of the St. Johns River proper in the area north of the Acosta Bridge in Jacksonville and at least 100 yards from the nearest shoreline. (d) Trawling shall be allowed only during daylight hours on Saturdays and Sundays, and at no time shall any person or boat possess more than 50 pounds of shrimp while on the water. (e) No shrimp caught by a person licensed under the provisions of this subsection may be sold or offered for sale. (6) SAMPLING PROCEDURE.- (a) The executive director of the Department of Natural Resources shall have samples taken at established stations within patterns at frequent intervals. (b) No area may be closed to live bait shrimp production unless a series of samples has been taken and it has been determined that the shrimp are undersized or that continued shrimping in this area would have an adverse effect on conservation. Standards for size may be established by rule of the department. (c) No area may be opened to dead shrimp production unless a series of samples has been taken and it has been determined that the shrimp are of legal size. Legal-sized shrimp shall be defined as not more than 47 shrimp with heads on, or 70 shrimp with heads off, per pound. (7) LICENSE POSSESSION.-The operator of a boat employing the use of any trawl for shrimp production must be in possession of a current shrimp production license issued to him pursuant to the provisions of this section. 407 (8) USE OF TRAWL; LIMITATION.- (a) The use of a trawl by either a live bait shrimp producer or dead shrimp producer shall be limited to the daylight hours, and the taking of dead shrimp shall not take place on Saturdays, Sundays, or legal state holidays. (b) The use of a trawl by either a live bait shrimp producer or dead shrimp producer within 100 yards of any shoreline is prohibited. The Department of Natural Resources, by rule or order, may define the area or areas where this subsection shall apply. (c)l. It is unlawful to employ the use of any trawl designed for, or capable of, taking shrimp within V4 mile of any natural or manmade inlet in Duval County or St. Johns County. 2. It is unlawful for anyone to trawl in the Trout River west of the bridge on U.S. 17 in Duval County. (9) PENALTY.- (a) Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. (b) The license of any shrimp producer convicted of violating any provision of this section shall be suspended for a period of 1 year. (10) ST. JOHNS RIVER; RULEMAKING PRO HIBITED.-The Department of Natural Resources may not adopt any rule which regulates shrimping in the St. Johns River. History.- ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ch ; ss. 1, 2, ch ; s. l, ch ; ss. 1, 2, ch ; s. 1, ch ; s. 1, ch ; s. 80, ch ; s. 1, ch ; s. 8, ch ' Note.-Repealed effective July 1, 1986, by s. 8, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1986, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 8, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource Shrimp regulations; closed areas; suspension of license, etc.-any person convicted of taking shrimp in a closed area who is punishable under s (6) or s (5) shall, in addition to the penalties set forth therein, have his permit and the permit of the boat involved in the violation, issued pursuant to s (5), revoked, if he holds such a permit, and he shall be ineligible to make application for such a permit for a period of 2 years from the date of such conviction. If a person not having a permit is convicted hereunder, that person and the boat involved in the violation shall not be eligible for such a permit for 5 years. History.-s. 3, ch ' Regulation of shrimp fishing in a designated area.- (1) It shall be unlawful to catch or take, or attempt to catch or take, with nets in excess of 18 feet on the cork line, in excess of 24 feet on the lead line, and in excess of 3 feet on the leg line with trawl doors or otter boards which exceed 36 inches in length by 18 inches in width, shrimp from April1 to June 15 of each year in the following area, to wit: Beginning at a central point on Cape San Blas, proceeding thence 180 degrees to a point 3 miles seaward, thence southeasterly along a meandering line 3 miles from the shoreline to a point 3 miles due south of Cape St.

8 Ch.370 SALTWATER FISHERIES F.S George, proceeding thence zero degrees to Cape St. George, thence follow the shoreline bordering the Gulf of Mexico to the point of beginning. It is unlawful for any person to have in his boat at one time more than one net of the permissible size to take shrimp in the area herein defined. However, the Department of Natural Resources shall issue such permits as are necessary for harvesting roe shrimp in pursuance of mariculture programs. (2) Any person violating this section shall, upon conviction, be adjudged guilty of a misdemeanor of the second degree, punishable as provided in s or s His tory.-ss. 1, 2, ch ; s. 1, ch ; s. 1, ch ; s. 8, ch ' Note.-Repealed effective July 1, 1986, by s. 8, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1986, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 8, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, rea dopt ion, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource. ' Florida East Coast Shrimp Bed; closed areas; permits; penalties.- (1) It is the intention of the Legislature that action should be taken to conserve the supply of shrimp in the large shrimp beds that exist from the Florida-Georgia boundary to the southern boundary of St. Lucie County, in both the inland and the coastal territorial waters. This area shall hereinafter be referred to as the "Florida East Coast Shrimp Bed." It is further the sense of this Legislature that the shrimp industry is a valuable component of the state's economy and deserves adequate protection. (2) The Florida East Coast Shrimp Bed is defined as: All of the inside and outside waters within the territorial limits of the State of Florida, lying and being within Nassau, Duval, Clay, Putnam, St. Johns, Flagler, Volusia, Seminole, Brevard, Indian River, and St. Lucie Counties as defined in chapter 7. (3) No power trawling for dead shrimp shall be permitted in the Florida East Coast Shrimp Bed between April1 and June 1 of each year. Only trawling for live bait is allowed in the Florida East Coast Shrimp Bed between April I and June 1 of each year, and each vessel shall comply with subsection (5). (4) It is unlawful for any person, firm, or corporation to receive any shrimp from any vessel not in possession of a valid permit issued by the division. (5) Any vessel trawling in the Florida East Coast Shrimp Bed for live bait shrimp shall have a live bait shrimping permit for this area, shall be equipped with live bait shrimp tanks, and shall not have in excess of 5 pounds of dead shrimp in its possession. (6) Violation of any of the provisions of this section shall be a misdemeanor, punishable as follows: (a) For the first offense, the owner or master, or both, shall be guilty of a misdemeanor of the second degree, punishable as provided in s , and the nets and shrimping doors shall be confiscated. (b) For the second offense, the owner or master, or both, shall be guilty of a misdemeanor of the second degree, punishable as provided ins , and the vessel shall be confiscated as provided in s (c) In addition to the fines, the court may punish the master of the vessel as provided in s (7)(a) All persons, firms, and corporations desiring to trawl for either live bait shrimp or dead shrimp within the Florida East Coast Shrimg Bed shall first apply to the division for a permit. The application shall be made on forms supplied by the division which shall require the applicant to furnish information as may be deemed pertinent to the best interests of saltwater conservation. (b) The division may refuse to grant permits when it is apparent that the best interests of saltwater conservation will be served by such denial. (c) Due to the varied habitats, types of bottoms, and hydrographic conditions, the division shall have the authority to specify and regulate the types of gear that may be used in the Florida East Coast Shrimp Bed. Such specifications and regulations shall be consonant with sound saltwater conservation. (d) It is unlawful to land or attempt to land any shrimp in the territorial waters of the state without a permit issued by the division. The division shall revoke a permit upon conviction of a violation of any portion of this section. Revocation of a permit by the division may be reviewed by the Department of Natural Resources, and the decision of the department may be reviewed according to the procedure prescribed in the Florida Appellate Rules. History.-s. 3, ch ; s. 8, ch 'Note.- Repealed effective J uly 1, 1986, by s. 8, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by J uly 1, 1986, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 8, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource. ' Cedar Key closed area for shrimp ing.- (1) It is unlawful to catch or take, or attempt to take, except with a single rig boat 35 feet or less in length or with a net not to exceed 35 feet on the cork line, 45 feet on the lead line, and 5 feet on the leg line with trawl doors or other boards which exceed 48 inches in length by 24 inches in width, shrimp from the following area: Beginning at a point on the shoreline of the Gulf of Mexico on the south side of the channel entering the Cross Florida Barge Canal near Port Inglis; thence southwesterly along the line of navigational buoy marking the south side of said channel to flashing light number "2" marking the outer extent of said channel; thence westerly to the flashing light on Seahorse Reef at latitude ' North and longitude ' West; thence northerly to flashing light number "12" at latitude 29 10' North and longitude ' West; thence northerly to sea buoy number "2" at the outer limit of the navigational channel entering Horseshoe Beach; thence northeasterly along the south side of the navigational channel to the shoreline of the Gulf of Mexico; thence southerly along the shoreline along the Gulf of Mexico to the point of beginning. This section does not apply to persons holding live bait shrimp permits issued by the Department of Natural Resources or to boats towing roller-type trawls.