68A-23.012. Special Regulations on Lake Okeechobee

(1) Freshwater game fish (except black bass, striped bass, or black crappie) may be possessed for commercial purposes by persons licensed in accordance with Sections 379.363 and 379.3635, F.S., within the area of Lake Okeechobee bounded on the east by Highway 441 from Okeechobee City to Belle Glade; on the south by State Road 80 from Belle Glade to South Bay; on the south and west by Highway 27 from South Bay north to the junction of Highway 27 and State Road 78; on the west and north by State Road 78 north to the junction of Highway 441; and in the incorporated city limits of all municipalities located on such boundary roads and highways as provided by this section. Such fish may be harvested, for commercial purposes, only under permit by the use of haul seines and as specified herein. All freshwater game fish shall be transported to the designated tagging station and immediately tagged as specified herein. Only permitted and licensed haul seiners may be tagging agents and may only tag fish caught pursuant to their own haul seine operation.

(a) Each haul seiner is responsible for tagging his own fish as provided herein. Prior to transporting any untagged game fish within the boundary designated above, the haul seiner shall:

1. Designate in writing to the Commission, the route over which said haul seiner will transport untagged game fish to the tagging station.

2. No deviation from the above shall be allowed and the haul seiner will be held responsible for adherence to all of the requirements of this rule. Any violation will subject the haul seiner to loss of permits issued.

(b) It shall be unlawful to possess commercial quantities of freshwater game fish as defined in Section 379.406, F.S., on the waters of Lake Okeechobee or its tributaries within the boundary delineated in subsection (1) from one-half hour after sunset until one-half hour before sunrise.

(c) The commercial harvest of game fish by any method from any area other than by haul seine as provided herein is prohibited.

(2) Length of season:

(a) The length of the fishing season for all types of commercial gear shall be set by the Commission.

(b) Seines shall be operated only Monday through Friday. The lake is closed to seines on state holidays:

1. New Year’s Day.

2. Memorial Day.

3. Independence Day.

4. Labor Day.

5. Veterans Day.

6. Thanksgiving Day.

7. Friday after Thanksgiving Day.

8. Christmas Day.

9. Others as they are designated.

(c) Each permit shall be fished a minimum of 70 days annually, unless otherwise authorized by the assistant executive director due to exigent circumstances. Failure to comply may result in non-renewal of said permit.

(3) Permits for haul seines:

(a) Haul seines as specified herein may be used by persons licensed under Sections 379.363 and 379.3635, F.S., for taking non-game fish, bluegill, redear sunfish (shellcracker), and warmouth under authority of a permit from the executive director. A maximum of 10 haul seine 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 – South Region DFFM HSSR-01 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04464, incorporated herein by reference), except as otherwise provided in this rule. 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. After all available permits have been issued, the Commission shall maintain the first-come, first-served status of said applicants on a list. As permits become available for issuance, the executive director shall issue said permits to the applicants on said list in chronological order, except as otherwise provided in this rule. Upon being notified that they have been selected for inclusion in the program, the applicants shall, within 60 days, provide evidence that they have purchased and possess all necessary equipment, including boat(s), motor(s) and net(s), and have designated an assistant/captain. Failure to comply will result in denial of said permit. Equipment shall not be shared by permittees.

(b) A permittee shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water or tagging of all game fish taken pursuant to said operation. A permittee shall be responsible for ensuring that the permit is aboard the vessel operating or transporting such equipment.

(c) If fish are transported ashore prior to termination of haul seine operations, the haul seine gear license shall remain with a vessel operating the gear and the Lake Okeechobee haul seine permit shall accompany the fish to a designated tagging station.

(d) The executive director may refuse to issue the permit to any person who has been convicted of a violation of Chapter 379, F.S., or the rules of the Commission.

(e) Such permit shall be subject to revocation as provided in Rule 68-1.010, F.A.C.

(f) No person shall be issued more than one permit for a haul seine. The permittee or his one designated assistant/captain must be aboard the boat whenever fishing. Said designated assistant/captain shall be designated in writing, approved and such written designation maintained on file with the Commission. Said designation may be changed only upon a showing of good cause, in writing, and approved by the assistant executive director or his designate. A designated assistant/captain may work for only one permittee.

(4) Commercial gear specifications and restrictions:

(a) Haul seines:

1. Net specifications – Not less than 500 yards nor more than 1,600 yards in length, having not more than 250 yards of not less than two-and-one-half-inch stretched mesh in the pocket, doubles, and bunt or footing circle (including the width of the pocket); and not more than 200 additional yards of not less than three-inch stretched mesh; the remaining length of the net to consist of not less than three-and-one-half-inch stretched mesh. Mesh size in any portion of the net shall not exceed four-and-one-half-inch stretched mesh. Distance from the lead line to the float line shall be no less than ten feet.

2. Haul seines 500 to 1,000 yards in length shall be pulled by one boat only, and one end of the haul seine shall remain stationary during seining operations.

3. No purse seine, purse gill net or net using rings or other devices on the lead line through which a purse line is drawn shall be used as a haul seine.

4. Haul seine float lines shall be marked at 200-yard intervals with a floating fluorescent-orange marker buoy.

5. Closed areas:

a. Haul seines shall not be used or operated in Pelican Bay; in Fisheating Creek Bay north and west of a line from the weather beacon approximately one mile east of the north end of Observation Shoal (designated R “2” on National Oceanic and Atmospheric Administration, National Ocean Survey chart #11428, edition 16) to the westernmost point of Horse Island; that area north and west of a line from the easternmost point of Kings Bar to Nubbin Slough water control structure S-191; that area south of a line connecting the northernmost point of Kreamer Island to the northernmost point of Ritta Island; or in any rim canal, river mouth, channel, within that area shoreward of the boundary delineated by the commercial fishing boundary Global Positioning System coordinates incorporated in the permit issued pursuant to subsection 68A-23.012(3), F.A.C.

b. All other areas of Lake Okeechobee shall be open to haul seines authorized by permit.

6. No haul seine may be operated within 50 yards of any legal trotline.

7. Haul seines may be fished beginning at midnight but no fish shall be taken from the waters prior to one-half hour before sunrise. No haul seines shall be operated after sunset.

8. All haul seines in Lake Okeechobee shall be attended continuously.

9. Before fishing each day, permittee shall telephonically notify the dispatch center of the Commission's South Regional Office when he will fish and in what general area.

(b) Boats:

1. Any boat pulling a seine shall display a 12-x-18-inch fluorescent-orange flag having a white circle at a minimum height of eight feet above the deck. Said flag will bear, within the white circle, the permittee’s permit number in numerals not less than 10 inches in height.

2. The haul seine permit shall display the hull identification number and FL number of the haul seine boat(s) used. Should a different boat be used, the permittee shall request an amendment to his permit, in writing, from the assistant executive director or his designate.

(c) Wire catfish traps:

1. Persons licensed in accordance with Section 379.363, F.S., may use up to 80 wire catfish traps in the waters of Lake Okeechobee excluding its tributaries.

2. No person shall possess any freshwater game fish while transporting catfish taken from any wire catfish trap.

3. No wire traps shall be placed within the triangular area encompassed by the following: commencing at the southwesternmost point of land at the mouth of the Kissimmee River connecting by a straight line to a point at latitude 27 degrees 7 minutes 30 seconds north and longitude 80 degrees 46 minutes 50 seconds west then connecting by a straight line to a point at the southeasternmost point of the Taylor Creek Lock connecting in a meandering line following along the shoreline of the lake to the point of beginning.

4. Trap specifications:

a. Maximum length – 5 feet.

b. Maximum height – 18 inches.

c. Maximum width – 32 inches.

d. Mesh – Of tarred or vinyl-coated wire not less than one inch nor more than one and one-half inches.

e. Type – Two funnels in one end with a trap door on the inside funnel. The trap door must remain closed except under pressure.

f. Maximum diameter of smallest outer funnel opening – 6 inches.

g. Maximum diameter of smallest inner funnel opening – 5 inches.

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

5. Each trap shall be identified by a marking bearing the name of the permittee.

(d) Trotlines: Trotlines shall be marked with a flag every 1,000 yards and with a gallon-sized buoy every 500 yards between flags when fished at a lake elevation below 11.0 feet NGVD as determined by the United States Army Corps of Engineers.

(5) Tagging:

(a) No person shall possess or transport any freshwater game fish in excess of the possession limit established by Rule 68A-23.005, F.A.C., outside the area of Lake Okeechobee as described in subsection (1) unless each fish has an identifying tag affixed securely to any part of the fish except the fins or tail. Such tags shall be furnished by the Commission in accordance with the provisions of this rule, and the Commission shall be the sole source of supply. It shall be unlawful to produce, manufacture or possess any facsimile or counterfeit tag not supplied by the Commission. Property rights to such tags shall be vested in, and such tags shall remain the property of, the Commission as long as such tags are within the state. No person shall possess any unlocked or unused fish tag which is unattached to a fish outside the area of Lake Okeechobee as described in subsection (1), except as otherwise authorized by the Commission. Tags shall be issued to permittee by lot number and the permittee shall be held responsible for their security.

(b) Each permittee shall be responsible for the tagging of his own fish and only said permittee shall purchase tags. Tags will be provided by the Commission at a cost of five cents per tag. Permittees shall be responsible for the proper tagging of their fish and are strictly liable for any misappropriation thereof. Fish shall be tagged immediately upon arrival at the tagging site and prior to storage or, if a delay is necessary, shall be labeled so as to be readily traceable to the permittee. Permittees shall execute a contract of agreement with the Commission to tag fish at a designated location, and may be required to relinquish all tagging rights upon receipt of verified information and belief by the executive director that the permittee has violated any commercial fishing regulation governing Lake Okeechobee. In determining whether to require a permittee to relinquish his tagging rights, the executive director shall consider the standards and criteria set forth in Rule 68-1.010, F.A.C. Breach of contract shall result in immediate denial of the delivery of fish tags by the Commission to the tagging agent.

(c) No permittee shall transfer, loan or relinquish custody and control of any unused fish tags delivered to him nor shall any tags be transported or removed from the designated tagging station premises without the specific prior approval of an authorized representative of the Commission.

(d) No permittee or his employee shall sell untagged game fish from said permittee's designated tagging station at any time.

(e) Permittees shall be strictly liable for compliance herewith.

(6) Reports:

(a) Permittees shall maintain records of operation as designated by the Commission, maintain accounting records on forms furnished by the Commission, and report the number and total weight by species of fish harvested to the Commission each week. All such reports shall be made available for inspection by representatives of the Commission at all times. Reports are due no later than 5:00 p.m. on the Wednesday following the week reported. Failure to file said reports will result in failure to issue tags.

(b) Each freshwater fish dealer within the designated area shall forward to the Commission each week a report showing the amount and kinds of fish purchased or handled during the previous week and the license number of the person from whom the fish were purchased on forms furnished by the Commission. Reports are due within 30 days of the reporting periods.

(c) Failure to submit such reports for the reporting period may constitute grounds for revocation of, or denial of renewal of such license, permit or tagging agreement. Such revocation of, or denial of renewal of such license, permit, or tagging agreement shall be in accordance with standards and criteria promulgated in Rule 68-1.010, F.A.C.

(7) Sale, transportation and handling of fish:

(a) No untagged game fish shall be sold for consumption. Any licensed freshwater fish dealer may sell, ship or transport lawfully tagged game fish taken from Lake Okeechobee as provided by Section 379.363, F.S. Legally tagged game fish may be shipped or transported provided that a bill of lading showing the name of the shipper, amounts of species of fish shipped, and the date of the shipment, accompanies the fish. No common carrier shall knowingly ship, transport or receive for transportation any freshwater game fish unless such information accompanies the shipment.

(b) Each fish container shall be available for inspection by a duly authorized employee of the Commission. Untagged game fish undesirable for human consumption because of size or spoilage may be processed for other commercial purposes with prior approval by an authorized agent of the Commission. All non-game fish taken in seines shall be removed from the water. Upon prior approval of an authorized representative of the Commission, non-game fish which have been processed by cooking may be used as bait for haul grounds.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3635, 379.377 FS. History–New 8-1-79, Amended 11-8-79, 5-19-80, 6-22-80, 6-15-81, 6-21-82, 12-14-82, 7-1-84, 7-1-85, 9-19-85, Formerly 39-23.12, Amended 6-1-86, 2-21-88, 4-4-91, 4-15-92, 7-1-97, 7-1-98, Formerly 39-23.012, Amended 8-27-09, 3-24-13, 1-7-14, 10-16-14.