F.S SALTWATER FISHERIES Ch.370

Transcription

1 F.S SALTWATER FISHERIES Ch.370 and Cabinet have not adopted appropriate rules by July 1, 1985, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to t_he adoption o~ rul~s a~ending, readopting, or repealing those provisions set forth 1n s. 7, the Manne F1shenes Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determ1ned, based upon appropriate findings of fact, that such action will not adversely affect the resource Saltwater finfish; fishing traps regulated. (1) It is unlawful for any person, firm, or corporation to set, lay, place, or otherwise attempt to fish for saltwater finfish with any trap other than: (a) A crab, crawfish, or shrimp trap specifically permitted under s , s , s , or s ; (b) A pinfish trap not exceeding 2 feet in any dimension, with a throat or entrance not exceeding 3 inches in height by three-quarters of an inch in width; or (c) A black sea bass trap which has a biodegradable panel and a throat or entrance, the narrowest point of which is not more than 5 inches in height by 2 inches in width and the outer dimensions of which do not exceed 2 feet in height, 2 feet in width, and 2 feet in depth. However, such traps may be used only north of latitude 27 N. (2) It is unlawful for any person, firm, or corporation to possess any fish trap other than a trap specified in paragraph (a), paragraph (b), or paragraph (c) of subsection (1) or to land, take, sell, or offer to sell any saltwater finfish caught by any trap other than a trap specified in paragraph (a), paragraph (b), or paragraph (c) of subsection (1 ). (3) Any vessel, vehicle, or equipment used in violation of this section, and any fish caught with a trap in violation of this section, shall be seized and may be forfeited. History.-s. 1, ch ; s. 7, ch. 83-t34; s. 2, ch ; s. 1, ch ; ss. 16, 17, ch Note.-Repealed effective July 1, 1985, by s. 7, ch , as amended by s. 2, ch , and by s. 1, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July t, 1985, 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 ins. 7, 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 determ1ned, based upon appropriate findings of fact, that such action will not adversely affect the resource Definition; possession of certain licensed traps prohibited; penalties; exceptions; consent.- (1) As used in this section, the term "licensed saltwater fisheries trap" means any trap required to be licensed by the Department of Natural Resources and authorized pursuant to this chapter or by the Florida Marine Fisheries Commission for the taking of saltwater products. (2) It is unlawful for any person, firm, corporation, or association to be in actual or constructive possession of a licensed saltwater fisheries trap registered with the Department of Natural Resources in another person's, firm's, corporation's, or association's name. (a) Unlawful possession of less than three licensed saltwater fisheries traps is a misdemeanor of the first degree, punishable as provided in s or s (b) Unlawful possession of three or more licensed saltwater fisheries traps is a felony of the third degree, punishable as provided in s or s (c) Upon the arrest and conviction for violation of this section, any licenseholder shall show just cause 451 why his license shall not be suspended or permanently revoked. (3) This section shall not apply to the agents or employees of the registered owner of the licensed saltwater fisheries trap or to a person, firm, corporation or association who has the written consent from the owner of the licensed saltwater fisheries trap, to possess such licensed saltwater fisheries trap, or to agents or employees of the Department of Natural Resources who are engaged in the removal of traps during the closed season. (4) The registered owner of the licensed saltwater fisheries trap shall provide the Department of Natural Resources with the names of any agents, employees, or any other person, firm, company, or association to whom the registered owner has given consent to possess said licensed saltwater fisheries trap. Hlstory.-s. 5, ch Snook, regulation.- (1) It is unlawful to take or attempt to take any snook from any of the salt, fresh, or tidal waters of the state by means of any device except pole and line, bob, spinner lure, or troll manually. (2) It is unlawful for any person, firm, or corporation while fishing any net, seine, or any other device prohibited by this section to have in his possession any snook; any snook taken by any trap, seine, net, or any other device prohibited by this section shall be immediately returned to the water alive. (3)(a) It is unlawful for any person to have in his possession more than two snook, neither of which may measure less than 18 inches in length. 2 (b) No person, firm, or corporation shall take or have in its possession, regardless of where taken, any snook during the months of January, February, June, or July of the years 1983 through 1986, except by special permit issued by the department pursuant to s (2) for experimental, scientific, or exhibitional purposes. (4) It is unlawful for any wholesale or retail fish dealer to possess, buy, sell, or store any snook or permit any snook to be possessed, bought, sold, or stored on, in, or about the premises where such wholesale or retail fish business is oarried on or conducted. It is unlawful for any person, firm, or corporation to buy and sell snook in any form. History.-ss. t, 2, 3, 4, 5, ch ; s. 286, ch. 7t-t36; s. 1, ch ; ss. 2, 3, ch ; s. 1, ch ; s. 7, ch ; s. 2, ch ; s. 1, ch ; ss. 16, 17, ch Note.-Repealed effective July 1, 1985, by s. 7, ch , as amended by s. 2, ch , and by s. 1, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1985, 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 ins. 7, 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. Note.-Expires August 1, 1986, pursuant to s. 3, ch Striped bass, regulation.- (1) Except as provided in subsection (2): (a) It is unlawful for any person, firm, or corporation to take or attempt to take any striped bass from any of the salt, fresh, or tidal waters of Florida by means of any device except pole and line, bob, spinner lure, or manual troll.

2 Ch.370 SALTWATER FISHERIES F.S (b) It is unlawful for any person, firm or corporation to have in its possession more than six striped bass taken from any of the salt, fresh, or tidal waters of Florida, by means of any of the devices permitted in paragraph (a). (c) It is unlawful for any person, firm, or corporation, while fishing with any trap, net, seine or any other device prohibited by this section, to have in his possession any striped bass. Any striped bass taken or attempted to be taken by trap, net, seine, or any other device prohibited by this section shall be immediately returned to the water alive. (d) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, offer to sell, sell, barter, or transport for sale any striped bass, or permit any striped bass to be stored, possessed, offered for purchase, purchased, offered for sale or sold in or about the premises where such wholesale or retail fish business is carried on or conducted. (e) It is unlawful for any person, firm, or corporation to offer to purchase, purchase, offer to sell, or sell striped bass in any form. (2) The Division of Marine Resources of the Department of Natural Resources may issue a permit to import and to culture live striped bass and to sell striped bass to those persons, firms, or corporations who apply for permission to culture in this state live striped bass, either for sale for human consumption or for sale as sport fishing stock, if the division is satisfied that: (a) The striped bass will be cultured from imported stock or stock from other sources approved by the division and, (b) After processing, the striped bass being sold for human consumption will be gill-tagged prior to shipment. The tagging and shipping required herein shall be conducted under the supervision of the division. (c) The striped bass being sold for sport fishing stock in state waters is authorized pursuant to a permit issued by the state. Hlatory.-s. 1, ch ; s. 287, ch ; s. 1, ch ; s. 7, ch ; s. 2, ch ; s. 1, ch ; ss. 16, 17, ch Note.-Repealed effective July 1, 1985, by s. 7, ch , as amended by s. 2, ch , and by s. 1, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1985, 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 ins. 7, 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 facl, that such action will not ad versely affect the resource Bonefish; regulation.- (1) It is unlawful to take or attempt to take any bonefish (Aibula vulpes) from any of the waters of the state for the purpose of sale or exchange while fishing with any net, seine, or similar device. (2) It is unlawful for any wholesale or retail fish dealer to possess, buy, sell, or store any bonefish or permit any bonefish to be possessed, sold, or stored on, in, or about the premises where such wholesale or retail fish business is carried on or conducted. It shall be unlawful for any person, firm, or corporation to buy or sell bonefish in any form. (3) It is unlawful for any person, firm, or corporation to possess more than two bonefish (Aibula vulpes) at any time or to have in his possession any bonefish which 452 measures less than 15 inches in length from tip of nose to fork of tail. (4) This section shall not apply to taxidermists who have more than two bonefish in their place of business. Hlatory.-ss. 1, 2, 3, 4, 5, ch ; s. 7, ch ; s. 2, ch ; s. 1, ch ; ss. 16, 17, ch Note.-Repealed effective July 1, 1985, by s. 7, ch , as amended by s. 2, ch , and by s. 1, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1985, 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 ins. 7, 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 ad versely affect the resource Permits (Trachinotus falcatus); regulation; penalty.- (1) It is unlawful to take or attempt to take any permit (Trachinotus falcatus) 20 inches or larger, measured from tip of nose to center edge of tail, from any waters of the state for the purpose of sale or exchange. Permit 20 inches or larger taken by any trap, seine, or net shall be immediately returned to the water. (2) It is unlawful for any person, firm, or corporation to possess more than two permits 20 inches or larger. (3) It is unlawful for any wholesale or retail fish dealer to possess, buy, sell, or store permit 20 inches or larger or to allow permit 20 inches or larger to be possessed, sold, or stored on, in, or about the premises where such wholesale or retail fish business is carried on or conducted. (4) This section shall not apply to taxidermists who have more than two permits in their place of business. Hlatory.-s. 1, ch ; s. 7, ch ; s. 2, ch ; s. 1, ch ; ss. t6, 17, ch Note.-Repealed effective July 1, 1985, by s. 7, ch , as amended by s. 2, ch , and by s. 1, ch , which further provides lhat if the Governor and Cabinet have not adopted appropriate ru les by July 1, 1985, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of ru les amending, readopting, or repealing those provisions set forth ins. 7, 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, thai such action will not ad versely affect the resource Queen conchs of the species Strombus gigas; regulation.- (1) It is unlawful for any person to take from any salt, fresh, or tidal waters of this state more than 10 queen conchs of the species Strombus gigas in any calendar day, or to have in his possession at any time more than 20 such conchs. (2) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, to offer to sell, sell, barter or transport for sale any queen conchs of the species Strombus gigas for purposes other than for use as food. (3) The provisions of subsections (1) and (2) shall not be applicable to any species of queen conchs imported from another country. Hlatory.-s. 1, ch : s. 1, ch ; s. 288, ch ; s. 6, ch ; s. 2, ch ; ss. 16, 17, ch ; s. 5, ch ; s. 19, ch Note.-Repealed effective July 1, 1984, by s. 6, ch , as amended by s. 2, ch ; by s. 5, ch ; and by s. 19, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, this section shall remain in force until such rules are effective. Section 9, ch , provides that, prior to the adoption of ru les amending, readopting, or repealing those provisions set forth in s. 6, 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.

3 F.S SALTWATER FISHERIES Ch Taking of marine corals and sea fans regulated; penalties.- (1) It is unlawful for any person, as defined ins. 1.01: (a) To take, attempt to take, or otherwise destroy, or to sell or attempt to sell, any sea fan of the species Gargonia flabellum or of the species Gorgonia ventalina or any hard or stony coral (Scleractinia) or any fire coral (Millepora); or (b) To possess any fresh, uncleaned, or uncured sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina or any fresh, uncleaned, or uncured hard or stony coral (Scleractinia) or any fresh, uncleaned, or uncured fire coral (Millepora); unless it can be proven by certified invoice that the sea fan or coral was imported from a foreign country or unless it can be proven that the sea fan or coral was lawfully taken before July 1, (2) This section shall not apply to any sea fan or coral taken for scientific or educational purposes when the taking is approved and permitted by the department. (3) It is unlawful to take coral from, or possess it in, the John Pennekamp Coral Reef State Park. The provisions of s shall be in addition to the provisions of this subsection. Hlatory.-ss. 1, 2, 3, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 6, ch ; s. 2, ch ; ss. 16, 17, ch ; s. 5, ch ; s. 19, ch Note.-Repealed effective July 1, 1984, by s. 6, ch , as amended by s. 2, ch ; by s. 5, ch ; and by s. 19, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, 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 provi sions set forth in s. 6, the Marine Fisheries Commission shall hold a public hear ing 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 Marine animals; regulation.- (1) PROTECTION OF MARINE TURTLES, NESTS, AND EGGS.- (a) No person may take, possess, disturb, mutilate, destroy, cause to be destroyed, sell, offer for sale, transfer, molest, or harass any marine turtle nest or eggs at any time. (b) No person, firm, or corporation may take, kill, disturb, mutilate, molest, harass, or destroy any marine turtle, unless by accident in the course of normal fishing activities. Any turtle accidentally caught will be returned alive to the water immediately. (c) No person, firm, or corporation may possess any marine turtle or parts thereof unless it is in possession of an invoice evidencing the fact that the marine turtle or parts thereof has been imported from a foreign country or outside the territorial waters of the state, or are possessed under special permit from the Division of Marine Resources for scientific, educational, or exhibitional purposes. (2) PROTECTION OF MANATEES OR SEA COWS. 453 (a) This subsection shall be known and may be cited as the "Florida Manatee Sanctuary Act." (b) The State of Florida is hereby declared to be a refuge and sanctuary for the manatee, the "Florida state marine mammal." (c) Whenever the department is satisfied that the interest of science will be subserved, and that the application for a permit to possess a manatee or sea cow (Trichechus manatus) is for a scientific or propagational purpose and should be granted, and after concurrence by the United States Department of the Interior, the Division of Marine Resources may grant to any person making such application a special permit to possess a manatee or sea cow, which permit shall specify the exact number which shall be maintained in captivity. (d) Except as may be authorized by the terms of a valid state permit issued pursuant to paragraph (c) or by the terms of a valid federal permit, it is unlawful for any person at any time, by any means, or in any manner intentionally or negligently to annoy, molest, harass, or disturb or attempt to molest, harass, or disturb any manatee; injure or harm or attempt to injure or harm any manatee; capture or collect or attempt to capture or collect any manatee; pursue, hunt, wound, or kill or attempt to pursue, hunt, wound, or kill any manatee; or possess, literally or constructively, any manatee or any part of any manatee. (e) Any gun, net, trap, spear, harpoon, boat of any kind, aircraft, automobile of any kind, other motorized vehicle, chemical, explosive, electrical equipment, scuba or other subaquatic gear, or other instrument, device, or apparatus of any kind or description used in violation of any provision of paragraph (d) may be forfeited upon conviction. The foregoing provisions relating to seizure and forfeiture of vehicles, vessels, equipment, or supplies do not apply when such vehicles, vessels, equipment, or supplies are owned by, or titled in the name of, innocent parties; and such provisions shall not vitiate any valid lien, retain title contract, or chattel mortgage on such vehicles, vessels, equipment, or supplies if such lien, retain title contract, or chattel mortgage is property of public record at the time of the seizure. (f) In order to protect manatees or sea cows from harmful collisions with motorboats, the Department of Natural Resources shall adopt rules under chapter 120 regulating the operation and speed of motorboat traffic only where manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis: 1. In Lee County: the entire Orange River, including the Tice Florida Power and Light Corporation discharge canal and adjoining waters of the Caloosahatchee River within 1 mile of the confluence of the Orange and Caloosahatchee Rivers. 2. In Brevard County: those portions of the Indian River within three-fourths of a mile of the Orlando Utilities Commission Delespine power plant effluent and the Florida Power and Light Frontenac power plant effluents. 3. In Indian River County: the discharge canals of the Vero Beach Municipal Power Plant and connecting waters within 11/4 miles thereof. 4. In St. Lucie County: the discharge of the Henry D. King Municipal Electric Station and connecting waters within 1 mile thereof. 5. In Palm Beach County: the discharges of the Florida Power and Light Riviera Beach power plant and connecting waters within 11/2 miles thereof. 6. In Broward County: the discharge canal of the Florida Power and Light Port Everglades power plant and connecting waters within 1 1 /2 miles thereof and the

4 Ch.370 SALTWATER FISHERIES F.S discharge canal of the Florida Power and Light Fort Lauderdale power plant and connecting waters within 2 miles thereof. For purposes of ensuring the physical safety of boaters in a sometimes turbulent area, the area from the easternmost edge of the authorized navigation project of the intracoastal waterway east through the Port Everglades Inlet is excluded from this regulatory zone. 7. In Citrus County: headwaters of the Crystal River, commonly referred to as King's Bay, and the Homosassa River. 8. In Volusia County: Blue Springs Run and connecting waters of the St. Johns River within 1 mile of the confluence of Blue Springs and the St. Johns River. 9. In Hillsborough County: that portion of the Alafia River from the main shipping channel in Tampa Bay to U.S. Highway In Sarasota County: the Venice Inlet and connecting waters within 1 mile thereof, including Lyons Bay, Donna Bay, Roberts Bay, and Hatchett Creek, excluding the waters of the intracoastal waterway and the right-of-way bordering the centerline of the intracoastal waterway. 11. In Collier County: within the Port of Islands, within section 9, township 52 south, range 28 east, and certain unsurveyed lands, all east-west canals and the northsouth canals to the southerly extent of the intersecting east-west canals which lie southerly of the centerline of U.S. Highway In Manatee County: that portion of the Manatee River east of the west line of section 17, range 19 east, township 34 south; the Braden River south of the north line and east of the west line of section 29, range 18 east, township 34 south; Terra Ceia Bay and River, east of the west line of sections 26 and 35 of range 17 east, township 33 south, and east of the west line of section 2, range 17 east, township 34 south; and Bishop Harbor east of the west line of section 13, range 17 east, township 33 south. 13. In Dade County: those portions of Black Creek lying south and east of the water control dam, including all boat basins and connecting canals within 1 mile of the dam. (g) The Department of Natural Resources shall adopt rules regulating the operation and speed of motorboat traffic only where manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis within that portion of the Indian River between the St. Lucie Inlet in Martin County and the Jupiter Inlet in Palm Beach County. The main channel of the Atlantic Intracoastal Waterway within this area is exempted from speed restrictions. In addition, the department shall adopt rules regulating the operation and speed of motorboat traffic only where manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis within the Loxahatchee River in Palm Beach and Martin Counties, including the north and southwest forks thereof. A limited lane or corridor providing for reasonable motorboat speeds may be identified and designated within this area. (h) The department shall adopt rules regulating the operation and speed of motorboat traffic only where 454 manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis within the Withlacoochee River and its tributaries in Citrus and Levy Counties. The specific areas to be regulated include the With lacoochee River and the U.S. 19 bridge westward to a line between U.S. Coast Guard markers number 33 and number 34 at the mouth of the river, including all side channels and coves along that portion of the river; Bennets' Creek from its beginning to its confluence with the Withlacoochee River; Bird's Creek from its beginning to its confluence with the Withlacoochee River; and the two dredged canal systems on the north side of the Withlacoochee River southwest of Yankeetown. A limited lane or corridor providing for reasonable motorboat speeds may be identified and designated within this area. (i) In the event any new power plant is constructed or other source of warm water discharge is discovered within the state which attracts a concentration of manatees or sea cows during the period between November 15 of each year and March 31 of the succeeding year, the Department of Natural Resources is directed to adopt rules regulating the operation and speed of motorboat traffic within the area of such discharge, incorporating a zone sufficient in size to protect the concentration of manatees or sea cows which occurs thereby. U) It is the intent of the Legislature through adoption of this paragraph to allow the Department of Natural Resources to post and regulate boat speeds only where manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis. It is not the intent of the Legislature to permit the department to post and regulate boat speeds generally in the above-described inlets, bays, rivers, creeks, thereby unduly interfering with the rights of fishermen, boaters, and water skiers using the areas for recreational and commercial purposes. Limited lanes or corridors providing for reasonable motorboat speeds may be identified and designated within these areas. (k) The department shall adopt rules regulating the operation and speed of motorboat traffic all year around within Turkey Creek and its tributaries and within Manatee Cove in Brevard County. The specific areas to be regulated consist of: 1. A body of water which starts at Melbourne- Tillman Drainage District structure MS-1, section 35, township 28 south, range 37 east, running east to include all natural waters and tributaries of Turkey Creek, section 26, township 28 south, range 37 east, to the confluence of Turkey Creek and the Indian River, section 24, township 28 south, range 37 east, including all lagoon waters of the Indian River bordered on the west by Palm Bay Point, the north by Castaway Point, the east by the four immediate spoil islands, and the south by Cape Malabar, thence northward along the shoreline of the Indian River to Palm Bay Point. 2. A triangle-shaped body of water forming a cove (commonly referred to as Manatee Cove) on the east side of the Banana River, with northern boundaries beginning and running parallel to the east-west cement bulkhead located 870 feet south of SR 520 Relief Bridge in Cocoa Beach and with western boundaries running in line with the City of Cocoa Beach channel markers 121

5 F.S SALTWATER FISHERIES Ch. 370 and 127 and all waters east of these boundaries in section 34, township 24 south, range 37 east; the center coordinates of this cove are 28 20'14" north, 80 35'17" west. (I) The Legislature recognizes that, while the manatee or sea cow is designated a marine mammal by federal law, many of the warm water wintering areas are in freshwater springs and rivers which are under the primary state law enforcement jurisdiction of the Florida Game and Fresh Water Fish Commission. The law enforcement provisions of this section shall be carried out jointly by the department and the commission, with the department serving as the lead agency. The specific areas of jurisdictional responsibility are to be established between the department and the commission by interagency agreement. (m) The department shall promulgate regulations relating to the operation and speed of motor boat traffic in port waters with due regard to the safety requirements of such traffic and the navigational hazards related to the movement of commercial vessels. (n) The department may designate by rule other portions of state waters where manatees are frequently sighted and it can be assumed that manatees inhabit such waters periodically or continuously. Upon designation of such waters, the department shall adopt rules to regulate motorboat speed and operation which are necessary to protect manatees from harmful collisions with motorboats. (3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).- (a) It is unlawful to catch, attempt to catch, molest, injure, kill, or annoy, or otherwise interfere with the normal activity and well-being of, mammalian dolphins (porpoises), except as hereinafter provided. (b) Any person, firm, or corporation desiring to take one or more mammalian dolphins from the waters of this state for scientific, educational, or exhibitional purposes shall apply for a permit to the Division of Marine Resources. Upon determining that the interests of science or education will be served thereby, the division may issue a permit specifying the number of mammalian dolphins to be taken. (c) Any person, firm, or corporation desiring to hold one or more mammalian dolphins in captivity shall provide and maintain facilities which meet the requirements of the division. (d) No mammalian dolphin shall be shipped within or outside the state without a special permit from the division, which may require such information as it deems necessary relative to the adequacy of holding facilities of the recipients; and a permit for such shipment may be granted only when the division determines the facilities are adequate. (e) Notwithstanding the other provisions of this section, it is unlawful to capture at any time any nursing female mammalian dolphin or her calf, or both. (4) PROTECTION OF MANTA RAYS.-It is unlawful for any person, firm, or corporation intentionally to destroy a manta ray. (5) ANNUAL FUNDING OF PROGRAMS FOR MA RINE ANIMALS (a) Each fiscal year, $250,000 from the Motorboat Revolving Trust Fund shall be available for annual funding of the department's manatee and marine mammal protection and recovery effort; manufacture and erection of informational and regulatory signs; production, publication, and distribution of educational materials; participation in manatee and marine mammal research programs, including carcass salvage and other programs; programs intended to assist the recovery of the manatee as an endangered species, assist the recovery of the endangered or threatened marine mammals, and prevent the endangerment of other species of marine mammals; and other similar programs intended to protect and enhance the recovery of the manatee and other species of marine mammals. (b) When the federal and state governments remove the manatee from status as an endangered or threatened species, the requirement for an annual allocation of $250,000 may be reduced. Hlatory.- s. 2. ch : ss. 1, 2, ch : s. 1, ch : s. 1, ch : ss. 25, 35, ch : s. 1, ch : s. 1, ch : s. 1, ch : s. 289, ch : ss. 1, 1A, ch : s. 1, ch : s. 1, ch : s. 1, ch : s. 79, ch : s. 6, ch : ss. 1, 2, ch : s. 1, ch : s. 68, ch : s. 10, ch Stone crabs; regulation. (1) SEASON AND SIZE.- (a) It is unlawful for any person, firm, or corporation to catch or have in his possession, regardless of where taken, for his own use or to sell or offer for sale, any stone crab, or parts thereof, of any size between May 15 and October 15 of each year, except as provided by s for storage and distribution of inventory stocks. (b) It is unlawful to possess, sell, or offer for sale any stone crab claw at any time which has a forearm (propodus) of less than 23/4 inches in length, measured by a straight line from the elbow to the tip of the lower immovable finger. The forearm shall be deemed to be the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body of the crab. (c) It is unlawful for any person, firm, or corporation to possess or transport by boat, land vehicle, airplane, or other conveyance any intact stone crab or stone crab body, whether dead or alive. Only the claws of stone crabs shall be removed, and the live animals shall be returned to the water in the same area where taken. Whole stone crabs, dead or alive, may be possessed or transported solely for educational, exhibitional, or scientific purposes and only when a permit for such possession has been issued by the Division of Marine Resources of the department. (d) "Stone crab" means the species Menippe mercenaria or any other species of the family Xanthidae as the Marine Fisheries Commission may define by rule. (2) GEAR, TRAPS, BUOYS, PERMIT NUMBERS, SUSPENSION OR REVOCATION OF PERMITS.- (a) No person, firm, or corporation shall transport on the water, fish with, or cause to be fished with, set, or placed, in taking stone crabs, any trap with a throat or entrance to the trap exceeding 4 inches in width and 61/2 inches in length or any trap which does not have a biodegradable section.

6 Ch.370 SALTWATER FISHERIES F.S (b) It shall be unlawful to transport on the water, fish with, set, place, or cause to be fished with, set, or placed, any trap or part thereof during the closed stone crab season, except that traps may be placed in the water and baited 10 days prior to the opening of the stone crab season and shall be removed within 5 days after the close of the stone crab season. However, nothing herein shall authorize the landing or sale of any stone crab or stone crab claw during the closed season. Any traps in the water more than 10 days prior to the opening of the stone crab season or more than 5 days after the close of the stone crab season shall be conclusively presumed to be used in the attempted taking of stone crabs out of season and shall be seized and destroyed by the duly appointed officers of the Department of Natural Resources. This provision shall be in addition to any penalty imposed by law. (c) It is unlawful to use grains, spears, grabs, hooks, or similar devices in the taking of stone crabs. (d) A buoy or time release buoy shall be attached to each trap or at each end of a trap trotline and must be of sufficient strength and buoyancy to float and of such color, hue, and brilliancy as to be easily distinguished, seen, and located. The color and trap number shall also be permanently and conspicuously displayed on the boat used for setting and collecting said traps and buoys, in a manner prescribed by the Division of Marine Resources, so as to be readily identifiable from the air and the water. (e) A person who uses stone crab traps must have a valid saltwater products license issued to a valid boat registration or in the name of an individual pursuant to s Each trap used must have a number permanently attached. No numbers shall be permitted other than the current trap number except numbers designating federal permits. This trap number may be issued by the Division of Law Enforcement of the Department of Natural Resources upon receipt of the application by the owner of the traps. The design of the application shall be determined by the division. The trap number shall be affixed in legible figures at least 3 inches high on each buoy used. Only one trap number may be issued for each boat. The saltwater products license must be on board the boat and the license and stone crab claws shall be subject to inspection at all times. (f) It is unlawful for any person to place traps in the navigation channels of the intracoastal waterways or navigation channels maintained by the Corps of Engineers or by any county or municipal government. Traps may be worked during daylight hours only, and the pulling of traps from 1 hour after official sunset until 1 hour before official sunrise is prohibited. (g) Any traps or devices other than the ones described in this subsection used in the taking or attempted taking of stone crabs shall be seized and destroyed by the Department of Natural Resources. (h) Upon the arrest and conviction for violation of any of the stone crab regulations or laws other than the provisions of paragraph (1 )(a), the licenseholder must show just cause why his license should not be suspended or revoked. 456 (i) Any law, general or special, in conflict with provisions of this section is hereby expressly repealed to the extent of such conflict. (j) A person acquiring ownership of stone crab traps must notify the Division of Law Enforcement within 5 days after acquiring ownership and request a transfer of the trap number. (k) It is unlawful for any person to willfully molest any trap, line, or buoy, as referred to in this section, which is the property of any licenseholder, without the permission of that licenseholder. (3) PENAL TY.-Any person violating paragraph (2)(k) is guilty of a felony of the third degree, punishable as provided in s or s Further, any gear, equipment, boats, vehicles, or item used in the violation of any provision of this section shall be subject to confiscation. In addition, the Department of Natural Resources shall revoke the permit of any permitholder convicted of a violation of paragraph (1 )(a) for a period of 1 year from the date of the conviction, and he shall be prohibited during that period from catching or having in his possession any stone crab for his own use or to sell or offer to sell, whether or not he is accompanied by the holder of a valid permit and regardless of where taken. Hlatory.-s. 2, ch , 1953; s. 1, ch ; s. 1, ch. 63-3; s. 290, ch ; s. 1, ch ; s. 1, ch ; ss. 1, 2, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 6, ch ; s. 2, ch ; ss. 11, 17, ch ; s. 5, ch ; ss. 1, 9, 19, ch Note.-Repealed effective July 1, 1984, by s. 6, ch , as amended by s. 2, ch ; by s. 5, ch ; and by s. 19, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, 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. 6, the Marine Fisheries Commission shall hold a public hear ing 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 Blue crab; regulation.- (1) No person, firm, or corporation shall transport on the water, fish with or cause to be fished with, set, or place any trap designed for taking blue crabs unless such person, firm, or corporation is the holder of a valid saltwater products license issued pursuant to s and the trap has a current state number permanently attached to the buoy. The trap number shall be affixed in legible figures at least 1 inch high on each buoy used. The saltwater products license must be on board the boat, and both the license and the crabs shall be subject to inspection at all times. Only one trap number may be issued for each boat by the department upon receipt of an application on forms prescribed by it. This subsection shall not apply to an individual fishing with no more than five traps. It is a felony of the third degree, punishable as provided in s , 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. (2) A buoy or a time release buoy shall be attached to each trap or at each end of a weighted trot line and shall be of sufficient strength and buoyancy to float and of such color, hue, and brilliancy to be easily distinguished, seen, and located. Such color and trap number shall also be permanently and conspicuously displayed on the boat used for setting and collecting said traps and buoys, in the manner prescribed by the Division of Law Enforcement, so as to be readily identifiable from

7 F.S SALTWATER FISHERIES Ch.370 the air and water. This subsection shall not apply to an individual fishing with no more than five traps. (3) It is unlawful for any person to sell or offer for sale any eggbearing blue crabs. Except when authorized by a special activity license issued by the department pursuant to s for the soft-shelled crab or bait trade, it is unlawful for any person to possess for sale blue crabs measuring less than 5 inches from point to point across the carapace in an amount greater than 10 percent of the total number of blue crabs in that person's possession. Traps may be worked during daylight hours only, and the pulling of traps from 1 hour after official sunset until 1 hour before official sunrise is prohibited. (4) Upon the arrest and conviction for violation of any of the blue crab regulations or laws, the licenseholder shall show just cause why his saltwater products license should not be suspended or revoked. This subsection shall not apply to an individual fishing with no more than five traps. Hlatory.-s. 1, ch ; s. 1, ch ; s. 2, ch ; ss. 1, 2, ch ; s. 2, ch ; s. 6, ch ; s. 2, ch ; ss. 16, 17, ch ; s. 5, ch ; ss. 10, 19, ch Note.-Repealed effective July 1, 1984, by s. 6, ch , as amended by s. 2, ch ; by s. 5, ch ; and by s. 19, ch , which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, 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. 6, 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; regulation.- (1) INTENT.-It is the intent of the Legislature to maintain the crawfish industry for the economy of the state and to conserve the stocks supplying this industry. The provisions of this act regulating the taking of saltwater crawfish are for the purposes of insuring and maintaining the highest possible production of saltwater crawfish. (2) TAKING OF CERTAIN CRAWFISH PROHIBITED. (a)1. No person, firm or corporation shall take or have in his possession at any time, regardless of where taken, any saltwater crawfish (spiny lobster or crayfish) of the species Panulirus argus unless such saltwater crawfish (spiny lobster or crayfish) of the species Panulirus argus shall have a carapace measurement of more than 3 inches or shall have a tail measurement not less than 61/2 inches, not including any protruding muscle tissue. 2. The carapace (head, body, or front section) measurement shall be determined by beginning at the anteriormost edge (front) of the groove between the horns directly above the eyes, then proceeding along the middorsal line (middle of the back) to the rear edge of the top part of the carapace. The tail (segmented portion) shall be measured lengthwise along the center of the entire tail until the rearmost extremity is reached; provided, the tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. (b) Crawfish must remain in a whole condition at all times while on or below the waters of the state, and the practice of wringing or separating the tail (segmented portion) from the body (carapace or head) section shall be prohibited on the waters of this state. However, the Division of Law Enforcement may issue a special activity license pursuant to s for wringing crawfish tails 457 outside the waters of the state. When a permit system for wringing crawfish tails is instituted by the Federal Government, the special activity license allowed by this paragraph shall cease. Any tail so separated under the provisions of a special activity license shall measure no less than 51/2 inches measured lengthwise from the point of separation along the center of the entire tail until the rearmost extremity is reached. The tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. Said measurement shall be applicable on board any vessel used for the taking of crawfish or at the dock where such crawfish are unloaded. It shall also be applicable where crawfish are in possession of seafood dealers. (c) Eggbearing female crawfish shall not be taken or possessed at any time. Eggbearing female crawfish found in traps shall be immediately returned to the water free, alive and unharmed. (d) The practice of stripping or otherwise molesting eggbearing crawfish in order to remove the eggs is prohibited, and the possession of crawfish or crawfish tails from which eggs, swimmerettes, or pleopods have been removed is prohibited, and the possession on the water or the landing of crawfish or crawfish tails from which eggs, swimmerettes, or pleopods have been removed is prohibited unless such products are imported from a foreign country, cleared through U.S. Customs, and accompanied by a valid invoice. (3) TRAPS; BUOYS; TRAP NUMBERS; SUSPEN SION OR REVOCATION OF LICENSES.- (a) No person, firm, or corporation shall have in possession at any time, or fish with, set, place, or cause to be fished with, set, or placed, any trap other than those described below: 1. Wood slat traps and traps having biodegradable tops or throats; 2. Ice cans, drums, and similar devices; however, no trapping device shall at any time include grains, spears, grabs, hooks, or similar devices. The traps and methods of taking crawfish described in subparagraphs 1. and 2. may be used only during those periods of time when such activities are permitted under law and may not be used during those periods when crawfish trapping and taking are prohibited. Traps may be placed in the water and baited 5 calendar days prior to the opening of the crawfish season and shall be removed within 5 days after the close of the crawfish season; however, nothing herein shall authorize the landing or sale of any crawfish during the closed season. Traps may be worked during daylight hours only, and the pulling of traps from 1 hour after official sunset until 1 hour before official sunrise is prohibited. The traps described in subparagraphs 1. and 2. may be reinforced with 16- gauge, 1-inch poultry wire as a protection against the ravages of turtles. Such reinforcement shall be limited to the sides of the trap. The tops and bottoms shall not be so protected. (b) A buoy shall be attached to each trap with a timed release mechanism if desired and must be of sufficient strength and buoyancy to float, except when intentionally submerged by a timed float release device, and must be of such color, hue, and brilliancy as to be easily

8 Ch.370 SALTWATER FISHERIES F.S distinguished, seen, and located. Such color shall also be permanently and conspicuously displayed on the boat used for setting and collecting said traps and buoys in such a manner as to be readily identifiable from the air and water. Each trap, can, drum, and similar device used for taking or attempting to take crawfish must have a trap number permanently attached to the device and the buoy. No numbers shall be permitted other than the current trap numbers. The licenseholder may, at his option and in lieu of individual trap buoys, attach the individual traps to a trotline; however, such a trotline must have attached at each end a permanently floating or timed release buoy. This trap 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 trap number shall be determined by the division. The trap 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 trap number attached as prescribed in this paragraph, shall be seized and destroyed by the division. The proceeds of the fees imposed by this subsection shall be used by the Department of Natural Resources for the purposes of enforcing the provisions of this subsection through aerial and other surveillance and trap retrieval. 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) Any person who uses traps, cans, drums, or similar devices to harvest crawfish must purchase a saltwater products license issued in the name of an individual or to a valid boat registration pursuant to s It is 458 unlawful for any person or any boat, without a current trap number prominently displayed as required by this section and a valid saltwater products license issued pursuant to s , 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 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. U) A person who takes more than 24 crawfish per boat or 6 crawfish per person, whichever is greater, within any 24-hour period by any method other than with traps, cans, drums, or similar devices must also pay a fee of $50 and obtain a trap number to be displayed on his boat. (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 Panu/irus argus, during the closed season of April 1 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