Fla. Admin. Code Ann. R. 68B-4.0082 - Carriage of Proscribed Nets Across Florida Waters

(1) Except as provided in subsection (3), the transport aboard any vessel of any of the following gear is prohibited, unless such transport is as direct, continuous, and expeditious as possible from the place where the vessel is regularly docked, moored, or otherwise stored to waters where the use of said gear is lawful, and from waters where the use of said gear is lawful back to the place where the vessel is regularly docked, moored, or otherwise stored or back to the licensed wholesale dealer where the catch is to be sold:

(a) Gill net.

(b) Entangling net.

(c) Any seine containing more than 500 square feet of mesh area.

(d) Any net, other than a cast net, with a mesh size greater than 2 inches stretched mesh.

(e) More than four seines, regardless of the number of persons also on board or whether one or more additional vessels are carried aboard or are towed.

(2) Hovering, drifting, and other similar activities inconsistent with the direct, continuous, and expeditious transit of such vessels shall constitute a violation of subsection (1), by each person present aboard the vessel. The presence of fish in such a proscribed net shall not constitute a violation of this rule if the persons on board the vessel are otherwise in compliance with its provisions.

(3) Subsection (1) shall not apply to:

(a) Persons with docked vessels meeting the length requirements of subsection (4).

(b) Persons operating vessels containing or otherwise transporting dry nets that are rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

(c) Persons with vessels using nets in a licensed aquaculture operation.

(d) Persons operating vessels containing or transporting trawl nets, as long as the trawl's doors or frame are not deployed.

(4) Notwithstanding any other provision of this rule, the possession of any gill or entangling net, any seine larger than 500 square feet in mesh area, or any net other than a cast net with mesh size larger than 2 inches stretched mesh, on any airboat, or on any other vessel less than 22 feet in length or on any vessel less than 25 feet in length if the primary power of the vessel is mounted forward of the vessel center point, is prohibited.

(5) Except as provided in subsection (1), the possession aboard any vessel of more than four seines is prohibited, regardless of the number of persons also aboard. For the purpose of this subsection, possession aboard any vessel shall include nets stored in any vessel being towed by or otherwise connected to, or transported aboard, the primary vessel. Any vessel being towed by or otherwise connected to, or transported aboard a primary vessel, if it is to be used to deploy or retrieve seines or harvest commercial quantities of fish, shall be no less than 8 feet in length and shall have a commercial vessel registration as required by Section 379.361(2)(i), F.S.

(6) For purposes of this rule, "vessel length" means the straight line horizontal measurement of the overall length from the foremost part of the vessel to the after most part of the vessel, measured from end to end over the deck excluding sheer, and measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement.

Notes

Fla. Admin. Code Ann. R. 68B-4.0082

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9 and Art X, Sec. 16, Fla. Const.

New 7-1-03.

New 7-1-03.