Fla. Admin. Code Ann. R. 68B-24.005 - Seasons
(1) Except as provided in subsection (2) of
this rule the season for harvest of spiny lobster in state waters shall be
August 6 of each year through March 31 of the following year. No person shall
harvest, attempt to harvest, or have in his possession, regardless of where
taken, any spiny lobster during the closed season of April 1 through August 5
of each year, except pursuant to subsection (2) for storage and distribution of
lawfully possessed inventory stocks as provided by special permit issued by the
Commission pursuant to section
379.367, F.S.
(2) There shall be a sport season for
recreational harvesters of spiny lobster, which season shall occur during the
last Wednesday and successive Thursday of July each year. During this sport
season, the following special restrictions shall apply:
(a) No person shall harvest spiny lobster by
any means other than by diving or with the use of a bully net or hoop
net.
(b) In Monroe County only, no
person shall harvest spiny lobster:
1. By
diving at night (from 1 hour after official sunset until 1 hour before official
sunrise).
2. In or from the waters
of John Pennekamp Coral Reef State Park, pursuant to rule
68B-24.0065,
F.A.C.
(3)
Harvesters of spiny lobster using traps may bait and place their traps in the
water beginning on the Saturday immediately following the recreational sport
season established in subsection (2) of each year. Harvest or sale of spiny
lobster from such traps during the "soak" period prior to the beginning of the
season is prohibited.
(4) All traps
used for harvest of spiny lobster shall be removed from state waters by April
10 of each year. All spiny lobster taken from traps after the close of a season
on March 31 shall be returned to the water free, alive, and unharmed. The
Division of Law Enforcement of the Fish and Wildlife Conservation Commission
shall grant an extension for the retrieval of traps up to a maximum of 10 days
after the expiration of the 10-day retrieval period, or a total of up to 20
days after the close of the spiny lobster season, upon the following
conditions:
(a) A harvester or his lawfully
designated agent shall request, in writing, permission for an extension of the
period for retrieval of traps. The request shall specify the harvester's name
and the appropriate license or trap number, the approximate number of traps and
their location, the identity of the boat to be used for trap retrieval, the
boat owner's name, the period of additional time needed for trap retrieval, and
the reasons for the request.
(b) On
the day that trap removal begins, and on each subsequent day that it continues,
the Commission's Division of Law Enforcement shall be advised in person or by
telephone of the remaining trap locations and landing site.
(c) Reasons for granting an extension shall
be limited to hazardous weather (small craft warnings, at a minimum), medical
emergencies that make it impossible for the harvester to operate a boat, or
equipment breakdown.
(d) Nothing in
this subsection shall authorize the harvest, landing, or sale of any spiny
lobster during the closed season.
(5) Except as provided in subsections (3) and
(4) of this rule for trap soaking and retrieval periods, no person shall
transport on the water, fish with, set, or place any spiny lobster trap or part
thereof during the closed season. Any such trap remaining in the water or
abandoned during the closed season (following any extension for retrieval as
provided in subsection (4) and prior to the soak period authorized in
subsection (3) is declared to be a public nuisance and shall be disposed of in
the manner approved by the Commission's Division of Law Enforcement. This
provision shall be in addition to any penalty imposed by
law.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 7-2-87, Amended 7-2-90, 3-1-92, 7-1-92, 6-1-94, Formerly 46-24.005, Amended 11-1-18.
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