68B-31.009. Statewide Food Shrimp Production Restrictions

The following requirements shall apply to each person harvesting shrimp in or on the waters of the state as a food shrimp producer. Each such person shall also comply with the regional food shrimp production requirements of Rules 68B-31.010 through 68B-31.015, F.A.C., and the area or seasonal closures in the remainder of the chapter.

(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 85°13.50' 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. This shall not prohibit a good shrimp producer from using a brine box to rapidly freeze shrimp that have been manually separated from bycatch and bagged in preparation for placement in clod storage aboard a vessel. The possession of any species other than shrimp within a brine box aboard a vessel shall constitute a violation of this subsection.

(3) Transport of live food shrimp –

(a) Live shrimp harvested for the purpose of being delivered and sold alive as food for human consumption are not subject to the icing or refrigeration requirements in subsection 68E-27.022(5), F.A.C. This provision shall not be construed to exempt dead shrimp from the requirements in subsection 68E-27.022(5), F.A.C.

(b) Shrimp harvested for sale alive as food pursuant to this rule shall be constantly maintained in wet live storage condition to minimize mortality. All such shrimp harvested by a food shrimp producer shall be expeditiously transported from the harvesting vessel to onshore facilities on the premises of a licensed wholesale or retail saltwater products dealer with equipment functioning to maintain the quality of shrimp delivered in a live, healthy condition. Shrimp so delivered shall be placed in a tank of clean, continuously aerated saline water at that facility and shall be maintained alive throughout all handling and storage processes. Equipment to maintain live food shrimp during harvest pursuant to this rule and during subsequent transport and storage shall, at a minimum, meet the following requirements:

1. Vessel live well requirements – Each vessel engaged in the harvest of shrimp for sale alive as food pursuant to this rule shall be equipped with a watertight tank, containing a minimum of 16 cubic feet of continuously aerated saline water during such harvest and during transport of any live food shrimp.

2. Vehicle live well requirements – Each vehicle used to transport shrimp from the harvesting vessel to a facility operated by a wholesale or retail saltwater products dealer for sale alive as food harvested pursuant to this rule shall be equipped with a watertight tank, containing a minimum of 32 cubic feet of continuously aerated saline water during transport and holding in the vehicle.

(4)(a) A person harvesting shrimp in or on nearshore and inshore Florida waters where the use of otter trawls is allowed may use a single try net with a headrope length not greater than 10 feet and a perimeter around the leading edge of the net not greater than 30 feet if such try net is pulled immediately in front of another trawl or is not connected to another trawl in any way. Such try net shall have a mesh size no smaller than that allowed in this chapter for trawls in the region where used. The try net shall be no larger in mesh area than specified by subsection 68B-31.0035(2), F.A.C., and shall be considered as one of the two unconnected trawls allowed in those regions where two trawls are allowed for food shrimp production.

(b) A person harvesting shrimp in or on the waters of the state other than nearshore and inshore Florida waters where the use of otter trawls is allowed may use a single try net with a headrope length not greater than 20 feet and a perimeter around the leading edge of the net greater than 60 feet if such try net is pulled immediately in front of another trawl or trawls or is not connected to another trawl in any way. Such try net shall have a mesh size no smaller than that allowed in this chapter for trawls in the region where used.

(5) No person harvesting shrimp in or on the waters of the state shall operate as a food shrimp producer and as a live bait shrimp producer or recreational harvester on the same trip.

(6) Each person harvesting shrimp in or on the waters of the state as a food shrimp producer shall possess a valid saltwater products license with a restricted species endorsement.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05, 11-12-18, 12-15-19, 5-1-22.