46-31.006 Definitions.--
As used in Rules 46-31.005 through the remainder of the chapter:
(1) "Baiting" means the
harvest of shrimp by cast net, in the vicinity of poles or stakes driven into
the bottom, after a bait (substance used to attract shrimp) has been released
in the area.
(2) "Bar measurement"
means the mesh size of a net as measured by the distance from the center of a
knot to the center of an adjacent knot.
(3) "Big Bend Region"
means all state waters of Jefferson, Taylor, Dixie, Levy, Citrus, Hernando,
and Pasco Counties, and all state waters of Wakulla County east of the
following described line:
Beginning at the St. Marks
Lighthouse, proceed southerly on a straight line to flashing channel marker
#1; thence, southerly in a straight line to a point on the state waters
boundary where a straight line from flashing channel marker #1 to flashing
bell buoy #24 intersects with said boundary.
(4) "Body," as it relates
to a part of a shrimp trawl net, means the forward, larger portion of a trawl,
extending from wing to wing and from the leading edge of the net to the point
of tail (cod end) attachment.
(5) "Brine Box" means a
container holding water that has a higher salinity than the surrounding
seawater that is generally used aboard a vessel to separate harvested shrimp
from by catch.
(6) "Cod end," also known
as the "tail" or "bag" of a shrimp trawl, means the terminal cylinder of heavy
webbing in which the catch is concentrated as the trawl is fished and which is
closed at its rearmost extent by means of purse line or draw string.
(7) "Food shrimp producer"
means a person who is not a live bait shrimp producer, but is harvesting
shrimp in quantities greater than the bag limit specified in Rule 46-31.007.
(8) "Frame net" means a
net in the form of an elongated bag kept open by a rigid frame that is buoyed
by floats and is not fished or dragged along the bottom.
(9) "Harvest" means the
catching or taking of shrimp by any means whatsoever, followed by a reduction
of such shrimp to possession.
(10) "Inshore waters"
means all state waters landward of the Colregs Demarcation Line.
(11) "Land," when used in
conjunction with the harvest of shrimp, means the physical act of bringing the
harvested shrimp ashore.
(12) "Live bait shrimp
producer" means any person harvesting shrimp pursuant to a valid license
issued as provided in Section 370.15(8) or Section 370.153(3)(a), Florida
Statutes.
68B-31.007 Statewide
Recreational Shrimping Restrictions.-- Except for persons harvesting shrimp
commercially as either a food shrimp producer or a live bait shrimp producer,
each person harvesting shrimp in or on the waters of the state shall comply
with the requirements specified in this rule.
(1) Bag Limit -
(a) No person shall
harvest more than five gallons of shrimp, heads on, per day; provided,
however, that two or more harvesters aboard a single vessel in or on the
waters of the state shall be subject to the vessel possession limit specified
in paragraph (b). (b) The possession of more than five gallons of shrimp,
heads on, aboard a vessel in or on the waters of the state or on any dock,
pier, bridge, beach, or other fishing site adjacent to such waters, at any
time is prohibited.
(c) All shrimp harvested
pursuant to this rule shall be landed in a whole condition. The beheading of
such shrimp before landing is prohibited.
(2) Allowable Gear - No
person subject to the requirements of this rule shall use any type of gear to
harvest shrimp other than those types of gear specified herein:
(a) Landing or dip net
with an opening no larger than 96 inches around the perimeter.
(b) Cast net with a
stretched length (the distance from the horn at the center of the net, with
the net gathered and pulled taut, to the lead line) no greater than 14 feet.
(c) Push net.
(d)1. Except as provided
in subparagraph 2., one frame net with an opening no larger than 16 feet
around the perimeter, if deployed from a vessel or from a structure other than
an operational bridge or causeway or catwalk attached to such bridge or
causeway.
2. Frame nets shall not be
considered an allowable gear for persons harvesting shrimp pursuant to this
rule in any waters of the Southeast Region in Dade County.
(e) Shrimp traps meeting
the requirements of Section 370.15(5), Florida Statutes.
(3) 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 or her name and address securely to each trap. Any such trap
not having proper identification is subject to confiscation by the commission.
No person, firm, or corporation shall have more than four traps in use at any
time. The commission 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 commission.
(f) Beach or haul seine
with a mesh area no larger than 500 square feet.
(3) Baiting - A person
harvesting shrimp pursuant to this rule may use a cast net in conjunction with
nonmetal poles to bait shrimp if such use is in compliance with the following
restrictions.
(a) No more than 5 poles
shall be set at any one time by any person.
(b) Each pole may not
exceed one inch in diameter.
(c) Poles shall be driven
into the bottom, set no closer than 10 yards apart, and the distance between
the first and last pole shall not exceed 50 yards.
(d) Poles shall only be
set, fished, and retrieved during daylight hours. The term "daylight hours"
means the period beginning 1/2 hour before official sunrise and continuing
through 1/2 hour after official sunset, each day. All poles shall be removed
each day by 1/2 hour after official sunset.
(e) Each pole shall be
marked with white reflective tape.
(f) No pole shall be set
within 50 yards of any dock, pier, public boat landing or ramp, seawall,
jetty, or bridge.
(g) Poles shall be tended
at all times. The term "tend" means that the harvester is within 100 yards of
the nearest pole at all times.
(h) Persons harvesting
shrimp by this method shall be subject to the bag limit specified in
subsection (1).
Specific Authority Art.
IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History -
New 1-1-92, Amended 1-1-96, 6-3-96, 12-2-99, Formerly 46-31.007.
(1) Size Limit -
(a) Each person harvesting
shrimp in or on state waters as a food shrimp producer shall possess shrimp
that are of legal size. Shrimp shall be considered of legal size if all the
shrimp in possession of the harvester are determined to have an average count
not exceeding 47 shrimp per pound with the heads on or 70 shrimp per pound
with the heads off. An average count shall be determined separately for the
two portions of the catch consisting of heads-on and heads-off shrimp. The
average count shall be determined by sampling the catch at five different
locations selected randomly to be as widely separated within the catch or
portion of the catch as practicable. Each sample shall consist of at least one
pound of shrimp. The counts of each of these five samples shall be averaged to
determine the average count for the catch or portion of the catch. This
subsection shall not apply to any seabob (Xiphopenaeus kroyeri) in possession
of the harvester.
(b) The size limit
provisions of paragraph (a) shall not apply in:
1. The Big Bend Region.
2. The Northeast Region.
3. Any of the waters of
the Northwest Region east of the line formed by 8513.50' West Longitude.
4. Any waters of the
Southeast Region in Dade County. (2) No person harvesting shrimp in or on
state waters as a food shrimp producer shall use a brine box to separate
shrimp from other species or possess a brine box aboard the vessel used for
such harvest.
Sport Fishing Regulations
(including crabbing,
clamming, oystering, and shrimping)
Special Conditions
Fishing is permitted in
accordance with State regulations in the open waters of the Indian River,
Banana River, Mosquito Lagoon and Mosquito Control impoundments and interior
lakes except for the Kennedy Space Center security areas, subject to the
following special conditions:
· Daytime sport fishing is
permitted in all areas of the refuge outside the Kennedy Space Center Security
Area.
· Night sport fishing is
permitted from boats in the open waters of the Indian River, Banana River and
mosquito Lagoon with a Refuge Night Fishing Permit The self-issuing permit
must be filled out and carried by each person fishing on the refuge between
sunset and sunrise. Bank fishing is not permitted at night
·Nighttime launching of
boats is permitted only at Beacon 42 Fish Camp and Bairs Cove.
· Air thrust boats,
hovercraft, and personal watercraft are prohibited. No boats may be launched
from Black Point Wildlife Drive
· Public access off SR 3
(Kennedy Parkway) is limited to designated and/or posted access routes and
launch arm
· Fishing in close
proximity to manatees is prohibited. Fishing lines must be attended at all
times. Discarding of tangled line onto refuge land or waters is prohibited.
· Boat speeds are
restricted to idle speed in Bairs Cove and KARS Marina and Slow to Minimum
Wake in Haulover Canal. Other refuge waters are also frequented by manatees.
Please use caution and watch for manatees in your path.
·Manatee Refuge - The
portion of the Banana River delineated (on the reverse side of this permit) is
closed to all motorized boats. This includes any boat having an attached motor
(or non-attached and capable of use) including all outboard, inboard and
electric trolling motors Non-motorized boats such as canoes, rowboats and
sailboats are not harmful to manatees and may enter the no motor zone.
· Commercial fishermen and
sports fishermen using commercial fishing gear are required to obtain an
annual special Use Permit. The permit is available at the refuge headquarters
subject to an annual fee.
· Camping, overnight
parking, firearms and open fires are not permitted on the refuge. Pets must
remain on a leash or in your vehicle at all times.
· Additional information
may be obtained by contacting Refuge headquarters on SR 402, four miles east
of Titusville between 8:00 a.m. and 4:30 p.m. Monday through Friday; telephone
(321) 861~0667.