68A-23.002. General Methods of Taking Freshwater Fish

(1) No person may take any freshwater fish except as herein provided.

(2) Freshwater game fish may be taken only by hook and line or rod and reel unless otherwise provided.

(3) Nongame fish may be taken by hook and line, rod and reel or by trotlines, set lines or bush hooks (as specified in Rule 68A-23.004, F.A.C.), or by traps, nets or other devices as specified in Rule 68A-23.003, F.A.C. Nongame fish may be taken for personal use by any person possessing a valid freshwater fishing license by the use of not more than one slat basket or one wire trap, made as specified in Rule 68A-23.003, F.A.C., in those waters where the use of wire traps or slat baskets is permitted for commercial purposes as specified in subsection 68A-23.003(2), F.A.C. Nongame fish may be taken during non-daylight hours with a light and by bow and arrow, crossbow and gigs and during daylight hours by manually operated spears, gigs, snatch hooks, crossbow or bow and arrow from a boat or from shore except at the spillways of the Eureka and Rodman Dams on the Oklawaha River or on the spillway of the Jim Woodruff Dam on the Apalachicola River or in Dade County canals south of the C-4 and east of the L-31N and L-31W canals inclusively. Nongame fish may be taken by the use of cast nets of any mesh size in the South and Northeast regions, in Citrus County, and in the Southwest Region, except that possession or use of cast nets in waters adjoining Saddle Creek Fish Management Area, Polk County, confined by Morgan Combee Road, U.S. Highway 92 and Fish Hatchery Road are prohibited.

(4) Nongame fish may be taken at night, from September 1 to May 1 by the following methods in the designated waters of the following counties:

(a) By portable impoundments in the non-navigable streams:

1. Bay County.

2. Calhoun County.

(b) By nets not more than 100 feet in length having a minimum three-inch stretched mesh, in the lakes of:

1. Bay County – Except Deer Point Lake.

2. Calhoun County – Except the Dead Lakes.

3. Holmes County – Except Lake Victor.

4. Jackson County – Except Lake Seminole, and Merritts Mill Pond.

5. Washington County.

(5) Freshwater fish may not be taken by underwater swimming or diving or by use of any free-floating unattached devices, firearms, explosives, electricity, spear guns; by poison, or by any other deleterious substance or force unless specifically authorized by this chapter.

(6) Non-game fish less than eight inches (8'') total length and golden shiners (Notemigonus chrysoleucas) of any size may be taken:

(a) By the use of a dip net not over four feet in diameter.

(b) By the use of a trap not exceeding 24 inches (24'') in length, and twelve inches (12'') in diameter having a funnel entrance not more than one inch (1'') in spread.

(c) By the use of a cast net having a mesh size not greater than one inch (1'') stretched in freshwaters of the state unless specifically prohibited. Non-game fish of any size may be taken by cast nets of any mesh size in the South, Southwest and Northeast regions and Citrus County as specified in subsection 68A-23.002(3), F.A.C.

(d) By the use of a minnow seine having a mesh size not greater than one inch (1'') stretched and not to exceed 20 feet (20') in length and four feet (4') in depth.

(7) The use or possession of dynamite, traps, nets, seines, baskets, spear guns, any device capable of producing an electrical current sufficient to stun or shock freshwater fish, or any other fishing device or equipment except hook and line, rod and reel, bush hook, set line or trotline is expressly prohibited in or upon the fresh waters of the state unless specifically permitted by these rules or under permit issued by the executive director.

(8) The use of dip nets for taking freshwater game fish or catfish is prohibited except that landing nets may be used for boating fish caught by rod and reel or hook and line.

(9) Possession of any freshwater fish together with any device (other than a firearm) which is prohibited for taking such freshwater fish is unlawful, except that game fish may be possessed together with the bait catching devices as provided in subsection 68A-23.002(6), F.A.C.

(10) Persons licensed in accordance with Section 379.363, F.S., may use seines, traps, nets, baskets, or other harvesting methods to take cultured game or nongame fish from private ponds used for commercial aquaculture purposes.

(11) Owners of any natural or man-made pond less than 10 acres in size located entirely within the property of the owner, and having no surface water connections to public waters may use seines, traps, nets, baskets, or other harvesting methods, not prohibited by subsection (5), hereof, to take game or nongame fish from said ponds for non-commercial purposes. The number and size of game fish taken are not subject to general creel, possession or length limits, provided such game fish remain on the property of the pond owner.

(12) Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3ꞌꞌ in length at the St. Johns River Water Management-owned area in Indian River County known as Fellsmere Water Management Area (commonly known as Headwaters Lake and Egan Lake). “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-84, Formerly 39-23.02, Amended 6-1-86, 4-13-88, 7-1-89, 7-1-90, 4-20-93, 7-1-93, 7-1-94, 7-1-95, 4-1-96, 7-1-98, 4-15-99, Formerly 39-23.002, Amended 7-1-00, 7-1-01, 7-1-04, 7-1-06, 7-1-08, 3-25-12, 9-9-13, 6-7-22.