The Florida Senate

¹370.0821  St. Johns County; use of nets.--

(1)  In addition to all other restrictions imposed by this section, the use of any type of net or seine, other than a common cast net or a recreational net as hereafter defined, is prohibited in the salt waters of St. Johns County, and within 1/4 mile seaward of the beaches and coast thereof, between May 1 and September 15 each year. During the remainder of the year, the use of nets or seines, other than common cast nets or recreational nets as hereafter defined, is prohibited on Saturdays, Sundays, and all legal holidays designated as such by the Department of Management Services.

(2)  In addition to all other restrictions imposed by this section, the use of any net or seine, including a recreational net as hereafter defined, other than a common cast net, is prohibited in the following areas of St. Johns County and adjacent salt waters:

(a)  Within a 1-mile, 360-degree radius of a point situated in the center of the A1A bridge across Matanzas Inlet.

(b)  In the waters of Salt Run, St. Augustine Inlet, the Matanzas River, North River, or the Intercoastal Waterway, or water adjacent to any of the aforementioned waters, lying north of the Mickler-O'Connell Bridge, south of the Vilano Beach Bridge across the Intercoastal Waterway (North River), and inland of a line drawn from headland to headland across the mouth of St. Augustine Inlet.

(c)  On the Atlantic Ocean beaches, and beach areas, within 1 mile north and 1 mile south of the center of St. Augustine Inlet, and within 1 mile seaward of such beaches, and a line drawn from headland to headland across the mouth of St. Augustine Inlet.

(d)  On the Atlantic Ocean beaches, and beach areas, within 2 miles north and 2 miles south of the center of the St. Augustine Beach Pier, and within 1 mile seaward of such beaches and beach areas.

(3)  In no event shall any manner of seine net used in the salt waters of St. Johns County, or within 1 mile seaward of the beaches and coast thereof, exceed 1,300 feet in length or have mesh of less than 21/2 inches.

(4)  No person, firm, or corporation shall use, or cause to be used, any manner of seine net, other than a recreational net as hereafter defined, in the salt waters of St. Johns County, or within 1 mile seaward of the Atlantic Ocean beaches and coast thereof, without a permit issued by the Division of Marine Resources of the Department of Environmental Protection. Applications for such permits shall be made on forms to be supplied by the division, which shall require the applicant to furnish such information as may be deemed pertinent to the best interests of saltwater conservation. The fee for such permits shall be $250 per year. Each permit shall entitle the holder thereof to use no more than one seine net at any one time, subject to the provisions of subsections (1), (2), and (3). The division may refuse to grant any permit when it is apparent that the best interests of saltwater conservation will be served by such denial. All permits granted shall be in the holder's possession whenever the holder is engaged in using a seine net. Each permit is subject to immediate revocation upon conviction of a violation of any provision of this section or when it is apparent that the best interests of saltwater conservation will be served by such revocation.

(5)

(a)  The term "recreational net" means a seine or similar net not exceeding 100 feet in length, with mesh no smaller than 21/2 inches, set and hauled solely by hand and without use of any motor-driven boat or vehicle.

(b)

1.  No recreational net may be set or hauled within 100 feet of any other recreational or commercial net.

2.  No recreational net shall be used after the hours of sunset and before sunrise between May 1 and September 15 of each year.

3.  Unless the user of a recreational net is also a holder of a permit specified in subsection (4), no user of a recreational net shall retain on the beach, in a vehicle on the beach, or in a boat, during the time that such net is in use, more than one bushel container of fish per net in use. All fish in excess of one bushel container per net and all unwanted species taken shall be returned alive to the waters when caught.

(6)  Any nets, boats, vehicles, or paraphernalia used in violation of the provisions of this section may be seized and, upon conviction of the offender, may be confiscated or destroyed by order of the court as provided by s. 370.061.

History.--s. 1, ch. 77-310; s. 3, ch. 78-404; s. 1, ch. 79-328; s. 7, ch. 83-134; s. 2, ch. 84-121; s. 1, ch. 85-163; ss. 7, 17, ch. 85-234; s. 123, ch. 92-279; s. 55, ch. 92-326; s. 222, ch. 94-356.

¹Note.--Section 7, ch. 83-134, as amended by s. 2, ch. 84-121, and by s. 1, ch. 85-163, repealed the then-existing section effective July 1, 1985, and further provided that if the Governor and Cabinet had not adopted appropriate rules by July 1, 1985, the section would remain in force until such rules were effective. Section 9, ch. 83-134, provided that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 7, the Marine Fisheries Commission would hold a public hearing thereon, and no such amendment, readoption, or repeal would be acted upon until it had been determined, based upon appropriate findings of fact, that such action would not adversely affect the resource.