68B-31.004. Trawl Gear Specifications: Turtle Excluder Devices Required; Exceptions; Definitions  

Effective on Tuesday, January 19, 2010
  • 1(1) Except as provided in subsection (2):

    8(a) No person shall operate or fish in any waters of the state any trawl that does not have a qualified turtle excluder device (TED) installed therein.

    35(b) No person shall possess, aboard any vessel in or on state waters, any trawl rigged for fishing that does not have a qualified turtle excluder device (TED) installed therein.

    65(2) The requirement in subsection (1) shall not apply to the following types of gear:

    80(a) A single try net meeting the requirements of subsection 9068B-31.009(3), 91F.A.C.

    92(b) A roller frame trawl with all of the following features and specifications:

    1051. A rectangular rigid frame to keep the mouth of the trawl open while being towed.

    1212. The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any obstructions while being towed.

    1463. The trawl opening is shielded by a grid of vertical bars spaced no more than 3 inches apart.

    1654. The trawl is towed by attaching a line or towing cable to a tongue located above or at the center of the upper beam of the frame.

    1935. The trawl has no doors attached to keep the mouth of the trawl open.

    208(c) A trawl being used as part of a public or private experimentation pursuant to authorization issued by the Director, Southeast Region, National Marine Fisheries Service, as provided in 23750 C.F.R. Section 227.72(e)(4)(iv), 241Oct. 1, 1987. Written authorization shall be maintained aboard the vessel with such a trawl at all times.

    259(d) A trawl authorized for use in the directed harvest of calico scallops by Rule 27468B-53.003, 275F.A.C.

    276(3) No person shall rig or alter the turtle excluder device (TED) installed in any trawl in any manner so as to render the TED nonfunctioning or ineffective in excluding sea turtles from the trawl.

    311(4) For purposes of this rule:

    317(a) “Perimeter” means the opening or entrance to the trawl formed and limited by attachment of the net mesh to line, which line is securely attached so as to form a continuous perimeter around the leading edge of the net. The perimeter so formed is measured from point to point along the line forming the leading edge of the net.

    377(b) “Qualified turtle excluder device” or “TED” means:

    385Any device 387currently 388certified and approved by the National Marine Fisheries Service as demonstrating a turtle exclusion rate of at least 97% pursuant to 40950 C.F.R. 411§ 412224133414.415207416.

    417(c) “Rigged for fishing” means the trawl is shackled, tied, or connected to trawl doors or boards and tow cables and is in a condition ready to fish.

    445(d) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom.

    475Rulemaking 476Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-11-90, Amended 1-1-92, 3-16-93, 1-1-96, 3-1-99, Formerly 46-31.004, 500Amended 1-19-10.

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