68B-4.0083. Food Fish: Gear and Other Restrictions; Use of Explosives to Kill Fish Prohibited; Certain Uses of Frame Nets Prohibited; Stop Netting Prohibited; Possession of Certain Proscribed Nets Prohibited; Use of Chemicals Prohibited

(1)(a) All persons taking food fish from any of the waters of this state by use of seines, nets, or other fishing devices and not using any of such fish because of size or other reasons shall immediately release and return such fish alive to the water from which taken and no such fish may be placed or deposited on any bank, shore, beach or other place out of the water.

(b) No person shall take any food fish from Florida waters for the purpose of making oil, fertilizer, or compost therefrom. Purse seines may be used for the taking of nonfood fish for such purposes.

(c) No person may take food fish within or without the waters of the state with a purse seine, purse gill net, or other net using rings or other devices on the lead line thereof, through which a purse line is drawn, or pound net, or have any food fish so taken in his or her possession for sale or shipment. The provisions of this paragraph shall not apply to shrimp nets or to pound nets or purse seines when used for the taking of tuna or menhaden fish only.

(d) For purposes of this rule, the term “food fish” shall include mullet, trout, redfish, sheepshead, pompano, mackerel, bluefish, snapper, grouper, black drum, jack crevalle, and all other fish generally used for human consumption.

(2) No person may throw or cause to be thrown, into any of the waters of this state, any dynamite, lime, other explosives or discharge any firearms whatsoever for the purpose of killing fish therein. The landing ashore or possession on the water by any person of any fish that has been damaged by explosives is prima facie evidence of violation of this section.

(3) Except as may be authorized by rules of the Commission, it is unlawful for any person, while fishing or attempting to fish for any marine species, to attach or otherwise secure a frame net, trawl net, trap net, or similar device to any state road bridge or associated structure situated over any saltwater body or to use more than one such net or device while fishing from such bridge or structure. The term “frame net” shall have the meaning ascribed in subsection 68B-31.006(8), F.A.C., and shall not include any cast net, landing or dip net, or any similar hand-held device.

(4) It is unlawful for any person to obstruct any river, creek, canal, pass, bayou or other waterway in this state by placing or setting therein any screen, net, seine, rack, wire or other device, or to use, set, or place any net or seine or similar device of any kind, either singularly or in rotation or one behind another in any manner whatsoever so as to prevent the free passage of fish.

(5) No person shall possess in any county of this state any fishing net, the use of which for fishing purposes in such county is prohibited by Special Act or rule of the Commission. Such possession shall be evidence of a violation of this subsection by both the owner thereof and the person using or possessing said net. The provisions of this subsection shall not apply to shrimp nets, to pound nets or to purse seines when used in taking menhaden fish, to seines used exclusively for taking herring, or to legal beach or haul seines used in the open Gulf of Mexico or Atlantic Ocean, if the possession of such nets is not prohibited in the county where found. This subsection shall also not apply to nets being lawfully transported pursuant to Rule 68B-4.0082, F.A.C.

(6) It is unlawful for any person to place poisons, drugs, or other chemicals in the marine waters of the state for the purposes of harvesting any marine life, unless that person has obtained a special activity license pursuant to Rule 68B-8.014, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05.