68A-23.003. Commercial Fishing Devices; Provision for Use in Certain Waters

(1) Persons licensed under Section 379.363, F.S., may use certain commercial fishing devices only in the manner and in the areas specified in this rule, except as specified in subsection 68A-23.002(10), F.A.C. All fishing devices authorized by this section shall be clearly and legibly marked with the harvester’s name and address while being used or possessed in or upon the waters of the state. Any game fish taken by these devices shall be immediately returned to the water unharmed.

(2) Wire traps and slat baskets:

(a) Species to be taken – Non-game fish.

(b) Location and number of traps and baskets.

1. In Trout River east of Interstate 95, Broward River, Dunn Creek and in that portion of the St. Johns River from the Seaboard Coastline bridge in Duval County upstream to State Road 46 (Mims Bridge) including Doctors Lake, Crescent Lake, Dunns Creek and Lakes Beresford, Woodruff, Dexter, Monroe and Harney, except Lake Jesup, 80 per licensee.

a. Wire traps and slat baskets are prohibited within 100 feet of the mouths of the following tributaries: Getout Creek, Blue Springs Run, Wekiva River, Deep Creek, Alexander Springs Creek, Spring Garden Creek, Shell Creek and DeLeon Springs Creek.

b. Wire traps and slat baskets are prohibited in the main channel of the St. Johns River from a point immediately south of Lake Monroe to State Road 46 (except Lake Harney) from January 1 to March 31.

c. Wire traps and slat baskets are prohibited within 25 yards of vegetation in Crescent Lake except from June 1 through August 31.

2. In the part of the main channel of the St. Marys River downstream from the railroad bridge paralleling U.S. Highway 17; wire traps and baskets, 80 per licensee.

3. In Lake Okeechobee: Regulations pertaining to wire traps fished in Lake Okeechobee are contained in Rule 68A-23.012, F.A.C.

4. In Lakes Apopka, West Tohopekaliga, Cypress, Hatchineha, and Kissimmee; wire traps and baskets, 40 in the aggregate per licensee.

5. In the Santa Fe, Suwannee (and its tributary, the Withlacoochee), and Apalachicola rivers, except in the section between U.S. Highway 90 and Jim Woodruff Dam; also the Apalachicola River tributaries except that portion of the Chipola River upstream from Dead Lakes Dam; and in Lake Seminole in Jackson County, 20 slat baskets, per licensee. No wire traps permitted.

6. In Lake Istokpoga and Red Beach Lake in Highlands County and in Lakes Arbuckle, Crago, Banana, Buffum, Davenport, Henry, Gibson, Marion, Reedy, Surveyors, Vann, Effie, Hancock, Hunter, Parker, Rosalie, and Tiger in Polk County, 40 wire traps, per licensee.

7. In those other specific areas as designated by rule of the Commission.

(c) Specifications.

1. Wiretraps.

a. Maximum length – Seven feet.

b. Maximum width – 32 inches.

c. Mesh – Minimum one inch.

d. Type – Two funnels in one end.

e. Depth – At least three feet of clearance between the highest point on the trap and the water surface.

2. Slat baskets.

a. Maximum length – Six feet.

b. Maximum diameter – 32 inches.

c. Construction – Of slats with openings of at least one and one-half inch in the head or upstream end.

d. Depth – At least three feet of clearance between the highest point on the basket and the water surface.

e. Funnel opening – Maximum diameter of smallest funnel opening two inches, except under pressure.

(d) Removal – Traps or baskets not being fished shall be removed from the water.

(3) Pound nets: The use of pound nets shall be prohibited, except that established pound net sites registered with the Commission by December 31, 1982, may be fished only by the registered claimant or his designee. Such pound net registration shall not be transferable to any other person.

(a) Species to be taken – Non-game fish.

(b) Locations – In the St. Johns River from the Shands Bridge in Clay County south to the southern Putnam County line and in Dunns Creek.

(c) Specifications.

1. Maximum size

a. Widest dimension – 20 feet.

b. Leads shall not exceed 200 feet in length.

2. Minimum mesh – Not less than two inches stretched.

3. Pilings shall extend at least two feet above high water mark and shall be marked with reflective material at least six inches in width, visible 360 degrees.

4. Depth – In waters not less than six feet.

(4) Hoop nets:

(a) Species to be taken – Non-game fish.

(b) Maximum number – 100 per licensee.

(c) Locations.

1. In Trout River east of Interstate 95, Broward River, Dunn Creek and in that portion of the St. Johns River from the Seaboard Coastline bridge in Duval County upstream to State Road 46 (Mims Bridge) including Crescent Lake, Dunns Creek and lakes Beresford, Woodruff, Dexter, Monroe and Harney, except Lake Jesup.

2. Hoop nets are prohibited within 100 feet of the mouths of the following St. Johns tributaries: Getout Creek, Blue Springs Run, Wekiva River, Deep Creek, Alexander Springs Creek, Spring Garden Creek, Shell Creek and DeLeon Springs Creek.

3. Hoop nets are prohibited within 25 yards of vegetation in Crescent Lake except from June 1 through August 31.

4. Hoop nets are prohibited in the main channel of the St. Johns River from a point immediately south of Lake Monroe to State Road 46 (except in Lake Harney) from January 1 to March 31.

(d) Specifications.

1. Maximum diameter – Five feet.

2. Mesh size – Not less than two inches stretched throughout, nor more than 2 1/2 inches stretched rearward of the attachment of the second funnel.

3. Depth – At least three feet of clearance between the highest point of the hoop net and the water surface.

4. A cross or other restrictive device shall be attached to the inside of the first funnel opening in order to exclude manatees. This device shall be constructed so as to prevent cylindrical objects seven inches or more in diameter from entering the front funnel opening.

5. Second funnel opening shall be designed to discourage or prevent the entrance of game fish by restricting said opening with twine or webbing.

(5) Minnow lift nets:

(a) Species to be taken – Non-game fish.

(b) Maximum number – 10 per licensee.

(c) Specifications.

1. Maximum dimensions – 12 feet square.

2. Maximum mesh – One inch stretched.

3. Markings – Poles shall be marked with reflective material at least six inches in width, visible 360 degrees.

4. A permanent tag bearing the name and address of the owner shall be attached to the pull pole of the lift net.

(d) Area specific regulations: No minnow lift nets shall be fished in the St. Johns River Water Management Areas of Lake County formerly known as Long Farm, S.N. Knight Lisbon Farm (both parcels north and south of the Yale-Griffin canal), S.N. Knight Leesburg Farm, Lowrie Brown Farm, Eustis Muck Farm and Walker Ranch.

(6) Minnow seine:

(a) Species to be taken – Non-game fish (except catfish).

(b) Specifications.

Nets for use in public waters: maximum length 40 feet; no pocket permitted; maximum mesh, one inch stretched.

(7) Eel traps and pots:

(a) Species to be taken – nongame fish may be taken from the waters of the state with eel traps or pots having one inch by one-half inch wire mesh.

(b) In waters other than those specified in paragraph (2)(b) of this section, such eel traps and pots, in addition to having a one inch by one-half inch wire mesh, shall be of the following types and specifications:

1. Square “carolina” – type pots

a. Maximum dimensions – 24 inches by 24 inches by 18 inches.

b. Maximum diameter of any and all funnel openings – two inches.

2. Cylindrical “shotgun” – type pots

a. Maximum dimensions – four feet by 18 inches.

b. Maximum diameter of any and all funnel openings – two inches.

(8) Blue crab pots and traps may be fished in fresh water. Blue crab pot and trap specifications and use shall be as prescribed in rules of the Marine Fisheries Commission.

(9) Permits may be issued by the executive director to authorize the operation of haul seines in specified areas.

(a) Southwest Region haul seine permits:

1. A maximum of five haul seine permits may be issued for use of haul seines in lakes in the Southwest Region. Permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form ‒ Southwest Region DFFM HSSWR-01 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04465, incorporated herein by reference.

2. In the event of the death or permanent disability of a permittee, the permit may be transferred by the permit holder or the executor of the estate to a member of the immediate family. The Commission must be notified of the transfer prior to renewal of the permit.

3. After all permits are issued, the Southwest Region Office shall maintain a waiting list of haul seine permit applicants on a first-come, first-serve basis, as determined from receipt of completed applications. Applicants wishing to maintain their status on the Southwest Region Haul Seine Waiting List shall notify the Southwest Region in writing between June 1 and July 1 of each year.

4. When a permit becomes available, the first applicant on the waiting list will be notified by the Commission. Within 120 days from date of notification, the applicant must verify that he or she possesses all equipment, including boats, motors, and nets or provide evidence such as lease agreements, bills of sale, or other documents indicating how equipment will be obtained and that the applicant has been licensed in accordance with Sections 379.363 and 379.3635, F.S. Applicants failing to meet the equipment requirements and other criteria in this section shall be denied a Southwest Region Haul Seine Permit. Haul seine permittees may not share equipment. No person shall be issued more than one haul seine permit, and permits are not transferable except for as provided above.

5. Haul seines are authorized to be used on the following lakes in Polk County: Banana, Bonnet, Bonny, Garfield, Hancock, Hollingsworth, Howard, Hunter, Lulu, Parker and Shipp. A lake may be closed temporarily to use of haul seines by administrative action for aquatic resource management purposes, or other conditions in which use of haul seines would negatively impact the lake and its fishery or endanger public safety. Haul seine permittees shall be provided written notice 48 hours prior to closure of a lake by administrative action. Haul seines may be used in lakes in the Southwest Region other than those specified in this section in accordance with provisions of Rule 68A-9.002, F.A.C.

6. Subject to Commission approval in accordance with subsection 68-1.010(2), F.A.C., a permittee may designate in writing two assistant captains to fish in lieu of the permittee. The permittee or designated assistant captains shall be aboard the haul seine boat whenever fishing. Assistant captains shall be changed only by written request and approval of the Commission. A designated assistant captain shall work for only one permittee. Permittees shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water of all game fish taken pursuant to haul seine operations. Haul seines shall be attended continuously. The haul seine permit shall be aboard the vessel operating or transporting haul seine equipment.

7. Haul seine permittees or designated assistant captains shall fish at least 10 days annually from July 1 through June 30 of the following year. Failure to fish 10 days annually may result in revocation or non-renewal of a Southwest Region Haul Seine Permit in accordance with Rule 68-1.010, F.A.C.

8. Haul seines shall be no more than 1,800 yards in length and at least eight feet in depth. Mesh size must be at least two-and-one-half inch stretched mesh in the pocket, doubles and bunt or footing circle; and two-and-one-half to four-and-one-half inch stretch mesh over the remaining length of net.

9. Non-game fish may be harvested from haul seines. Any other fish or wildlife caught shall be returned immediately to the lake being fished.

10. Only one haul seine net shall be used per day by permittees or their designated captains. Haul seines shall be deployed no earlier than one-half hour before sunrise. No haul seines shall be operated after sunset. Prior to fishing each day, permittees shall notify the dispatch center of the Southwest Region office by telephone when nets will be fished and on what waterbody. Seines shall be operated Monday through Friday only. Seine operations are not allowed on the following days: New Year’s Day, Martin Luther King, Jr. Day (third Monday in January), Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day.

11. No haul seines shall be deployed or operated within 100 yards of any dock, boat ramp, or canal, or within 100 yards of any waterski course authorized in accordance with Chapters 253 and 403, F.S. and Rule 18-21.005, F.A.C.

12. Denial, revocation, suspension, or non-renewal of haul seine permits or designations of assistant captains shall be administered in accordance with provisions of this rule section and Rule 68-1.010, F.A.C. Permittees shall provide evidence of valid licenses required pursuant to Sections 379.363 and 379.3635, F.S., prior to renewal of the Southwest Region Haul Seine Permit. A Southwest Region Haul Seine Harvest Report (Form DFFM HSSWR-02 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04656, incorporated herein by reference shall be completed by each permittee and furnished to the Southwest Region Office by June 1 of each year.

(b) Provisions for use of haul seines on Lake Okeechobee are as specified in Rule 68A-23.012, F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 10-23-79, 5-19-80, 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-23.03, Amended 6-1-86, 4-13-88, 7-1-90, 1-1-92, 7-1-92, 10-22-92, 4-20-93, 7-1-95, 4-1-96, 7-1-97, 7-1-98, Formerly 39-23.003, Amended 7-1-08, 8-27-09, 3-24-13, 10-16-14.