Chapter 62B-2 - Florida Department of Environmental Protection

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62B DIVISION OF BEACHES AND SHORES
CHAPTER 62B-2 SHRIMP
62B-2.001
62B-2.002
62B-2.004
62B-2.005
62B-2.006
62B-2.007
62B-2.008
62B-2.011
62B-2.013
Shrimp; Regulation.
Shrimp, Use of Cast Nets.
Shrimp; Nassau County.
Shrimp; Franklin County Area.
Shrimp Regulation; Franklin County.
Shrimp; Opening an Area in Franklin County.
Shrimp; Santa Rosa Sound.
Transporting of Fresh Headless Shrimp.
Tortugas Shrimp Area.
62B-2.001 Shrimp; Regulation.
(1) It shall be unlawful for any person, firm, or corporation to take, possess or attempt to take shrimp or prawn from any area of
the State of Florida where the majority of shrimp or prawn taken shall measure more than forty-five (45) with heads on or
sixty-seven (67) with heads off, to make a pound.
(2) It shall be unlawful for any person, firm or corporation to take, possess or attempt to take such shrimp or prawn after said
area has been declared closed to the taking of such shrimp or prawn by the Executive Director as provided herein.
(3) The Executive Director is hereby directed and authorized to fully carry out and enforce this rule and the terms of subsection
15 (2), Chapter 28145. Said Executive Director shall give notice of the closing of an area to the taking of shrimp or prawn by
advertising his directive in a newspaper of general circulation in the area affected. This rule shall be duly published in accordance
with law and shall take effect on the day after publication. Any directive closing an area shall take effect on the date specified
therein.
(4) Punishment for violation of this rule shall be in accordance with the penalty provided in Chapter 28145, Act of 1953, for
violation of rules and regulations of the Department.
Specific Authority 370.021(1), 370.15(1) FS. Law Implemented 370.15 (2) FS. History–New 4-19-62, Formerly 16B-2.01, 16B-2.001.
62B-2.002 Shrimp, Use of Cast Nets.
It shall be unlawful for any person, firm, association or corporation to take shrimp from the waters of Duval, Clay, Putnam and St.
Johns Counties, by the use of any device other than that known as and commonly called a cast net. Punishment for violation of this
rule shall be in accordance with the penalty provided in Chapter 28145, Laws of Florida, Acts of 1953, for violation of rules and
regulations of the Department.
Specific Authority 270.021(1), 370.15(1) FS. Law Implemented 370.15(3) FS. History–New 4-19-62, Formerly 16B-2.02, 16B-2.002.
62B-2.004 Shrimp; Nassau County.
(1) The stipulations of this resolution shall apply in the brackish, salt and fresh waters of Nassau County that lie inland from
the coast and do not front directly upon the Atlantic Ocean. The waters affected and coming under the scope of the management
proposed shall be all rivers, bays, estuaries, creeks, bayous and other areas that are protected and recessed from oceanic surf.
(2) In the inland waters described in (1), above, it shall be unlawful to use a shrimp trawl of greater than 35 feet in length. Such
length to be measured from a point beginning where the webbing is hung on the corkline at one end and ending where the webbing
is hung on the cork line at the other end.
(3) It shall also be unlawful to use more than one net in any trawling activity.
(4) Shrimping on Sundays, (between the hours of midnight Saturday night and midnight Sunday night) is prohibited.
(5) Tickler chains may not be used.
Specific Authority 370.021(1), 370.15(1) FS. Law Implemented 370.15(3) FS. History–New 4-19-62, Formerly 16B-2.04, 16B-2.004.
62B-2.005 Shrimp; Franklin County Area.
The geographical area embraced by this rule is described as follows:
Apalachicola Bay, St. George's Sound and St. Vincent's Sound and those waters lying north of line described as follows: Begin at
the eastern and of Dog Island, thence proceed in an easterly direction across the shallowest part of Dog Island Reef, thence proceed
from the eastern end of Dog Island Reef to Peninsular Point; in addition, those waters of Alligator Harbor are included, all such
bodies of water lying within Franklin County.
In the areas described above, it shall be unlawful for any person, firm or corporation to take shrimp upon any vessel or water borne
craft employing or equipped to employ more than one (1) net or device rigged for shrimping.
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The term "rigged for shrimping" shall mean that the net is shackled, tied and connected to trawl boards and tow cables and is,
therefore, in a condition ready to fish or trawl.
Specific Authority 370.021(1) FS. Law Implemented 61-2184 Special Acts, 1961. History–New 4-19-62, Formerly 16B-2.05, 16B-2.005.
62B-2.006 Shrimp Regulation; Franklin County.
The following schedule is to be adhered to in opening and closing shrimp areas in Franklin County.
(1) Those areas north of Gorrie Bridge are permanently closed.
(a) The presence of any vessel in this area at any time with a shrimp net or trawl aboard shall be prima facie evidence of
shrimping or attempting to shrimp in closed waters.
(2) All areas South of Gorrie Bridge are closed to shrimp production night and day.
(3) Shrimping will be permitted in Franklin County South of Gorrie Bridge henceforth according to the provisions of Chapter
61-1327, General Acts of 1961, and
(4) The area described below, in Franklin County, will be open to shrimping at all times, provided closure can be affected when
needed and as prescribed by Chapter 370.15 (2) and (3), Florida Statutes 1961.
Area to be opened is described as follows:
Those areas south of the mainland and St. James Island circumscribed by a line beginning at the Crooked River Light; thence
proceed in a southerly direction until the western most end of Dog Island is reached; thence proceed along the north shore of Dog
Island until the easternmost point of that island is reached; thence proceed to a point on St. James Island directly north of the eastern
end of Dog Island.
Specific Authority 370.021(1) FS. Law Implemented 370.15(1) FS. History–New 9-9-62, Amended 9-12-61, 9-1-64, Renewed 9-23-63, Formerly
16B-2.06, 16B-2.006.
62B-2.007 Shrimp; Opening an Area in Franklin County.
The area described below, in Franklin County, will be open to shrimping at all times, provided closure can be effected when needed
and as prescribed by Chapter 370.15(2) and (3), Florida Statutes 1961.
Area to be opened is described as follows:
Those areas south of the mainland and St. James Island circumscribed by a line beginning at the Crooked River Light; thence
proceed in a southerly direction until the westernmost end of Dog Island is reached; thence proceed along the north shore of Dog
Island until the easternmost point of that island is reached; thence proceed to a point on St. James Island directly north of the eastern
end of Dog Island.
Specific Authority 370.021(1) FS. Law Implemented Ch. 57-908. General Acts 1959. History–New 10-30-62, Formerly 16B-2.07, 16B-2.007.
62B-2.008 Shrimp; Santa Rosa Sound.
(1) It is unlawful to take or catch shrimp, other than bait shrimp, with any type net or other method, in the following area:
That portion of Santa Rosa Sound lying in Escambia, Santa Rosa and Okaloosa counties and between Brooks Bridge as the east
boundary and a line drawn due north and south between Santa Rosa County and Santa Rosa Island passing through the center of
Deer Point Light as the west boundary, except that during March, April and May of each year the boundary shall be the Brooks
Bridge on the east and Pensacola Beach Bascule Bridge on the west. It shall also be unlawful for trash fish caught incidental to
shrimping to be deposited in the aforementioned waters.
(2) Live bait shrimp may be caught at any time but only under permit issued by the director of conservation. Permittees must
fish with gear and under those conditions specified by the Executive Director.
Application for such permits shall be on forms supplied by the Executive Director and no charges may be made for issuing said
permits. Permits shall be revokable when holder does not comply with the laws and regulations applicable to salt water
conservation.
This regulation shall be posted at the courthouse at the county seat of each county affected and at such other conspicuous places as
will place the public on notice hereof and shall take effect immediately.
Punishment for violation of this rule shall be in accordance with the penalty provided in Section 370.021(2), Florida Statute.
Specific Authority 370.021(1) FS. Law Implemented 370.15 FS. History–New 6-4-63, Amended 8-9-69, Formerly 16B-2.08, 16B-2.008.
62B-2.011 Transporting of Fresh Headless Shrimp.
(1) No person, firm or corporation shall ship, transport or receive any fresh headless shrimp, iced or otherwise, unless such
shipment be in new containers with necessary precaution taken for sanitation.
(2) Whoever shall violate or otherwise fail to comply with the provisions of this rule shall be punished as provided for by law.
(3) This rule shall take effect on August 1, 1967.
Specific Authority Art. XVI Sec. 33, 370.021, 370.071 FS. Law Implemented 370.071 FS. History–New 8-1-67, Formerly 16B-2.11, 16B-2.011.
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62B-2.013 Tortugas Shrimp Area.
(1) No shrimping shall be permitted at any time, except live bait production as provided by this rule, in the following described
area:
Begin at Coon Key Light in Collier County; thence proceed on a straight line to a point establishing buoy A which is located at
twenty-four degrees, fifty-four minutes, thirty seconds (24º 54' 30'') north latitude and eighty-one degrees, fifty minutes, thirty
seconds (81º 50' 30'') west longitude; thence proceed on a straight line to buoy B located at twenty-four degrees, forty-eight
minutes, 00 seconds (24º 48' 00'') north latitude and eighty-two degrees (82º 00' 00'') west longitude; thence proceed on a straight
line to buoy C located at twenty-four degrees, forty-five minutes, 00 seconds (24º 45' 00'') north latitude and eighty-two degrees,
twenty-two minutes, thirty seconds (82º 22' 30'') west longitude; thence proceed on a straight line to Rebecca Shoals Light; thence
proceed on a straight line to R.B. Bell buoy; thence proceed on a straight line to Cosgrove Shoal Light; thence proceed on a straight
line to Sand Key Light; thence proceed northerly to Key West, thence along the south and east meandered shoreline of the Florida
Keys and the connecting viaducts between said Keys to eighty degrees, thirty minutes, 00 seconds (80º 30' 00'') west longitude;
thence north until a point on the mainland is reached; thence proceed west and north along the coast of the mainland of Florida until
a point is reached which is located exactly north of the aforementioned Coon Key Light located in Collier County; thence, due
south to Coon Key Light which was the point of beginning.
(2)(a) Nothing in this rule shall apply to the taking of live shrimp for bait. All persons, firms and corporations desiring to fish
for live bait shrimp within the above described area shall first apply to the Division of Marine Resources for a permit. Such
application shall be made on forms to be supplied by the Division of Marine Resources and which shall require the applicant to
furnish such information as may be deemed pertinent to the best interests of salt water conservation.
(b) Provided further, that the Division of Marine Resources may refuse to grant permits when it shall be apparent that the best
interests of salt water conservation will be served by such denial.
(c) Provided further, that permits so granted will be subject to immediate revocation upon a conviction for a violation of this
rule or when it shall be apparent that the best interests of salt water conservation will be served by such revocation.
(d) Provided further, that due to the varied habitats and types of bottoms and hydrographic conditions the Division of Marine
Resources shall have the authority to specify and regulate the types of gear that may be used in the area. Such specifications and
regulations shall be consonant with sound salt water conservation.
(3) Any vessel dragging shrimp nets in the above so described area and which does not have a shrimping live bait permit for
this area and which vessel is not equipped with live shrimp bait tanks is hereby considered to be in violation of this rule.
(4) It shall be unlawful to land or attempt to land any shrimp in the territorial waters or in the State of Florida without a permit
issued by the Division of Marine Resources. Such permit shall be issued without charge, and shall be conspicuously displayed in
the wheel house of each vessel at all times. The Division of Marine Resources may revoke such landing permit upon a violation of
any portion of this rule. Such revocation of permit by the Division of Marine Resources may be reviewed by the Department of
Environmental Protection and the decision of the Department may be reviewed pursuant to General Law.
(5) It shall be unlawful for any person, firm or corporation to receive any shrimp from any vessel not in possession of a valid
landing permit issued by the Division of Marine Resources. Any person violating this section of this rule shall upon conviction be
punished by a fine of not more than five hundred dollars ($500.00).
(6) Each offense under this rule, except under section (5), shall be considered a misdemeanor and punishable upon conviction
as follows:
(a) For the first offense the owner or the master, or both, shall be fined not less than one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00); and the nets and shrimping doors shall be confiscated.
(b) For the second offense the owner or master, or both, shall be fined not less than five hundred dollars ($500.00); and the
vessel shall be confiscated as provided in Section 370.061, Florida Statutes.
(c) The foregoing fines may be assessed by the court, within its discretion, against the master or owner, or both the master and
owner.
(7) This rule shall take effect as a permanent rule as provided by Section 120.041 (5), Florida Statutes.
Specific Authority 370.02(5) FS. Law Implemented 370.15(1) FS. History–New 10-18-70, Amended 2-20-71, Formerly 16B-2.13, 16B-2.013.
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