The Florida Senate

¹370.15  Shrimp; regulation.--

(1)  GENERAL AUTHORITY; CONSERVATION.--The department is authorized and directed to adopt, promulgate, and enforce rules and regulations consistent with the provisions of this section and the general policy of encouraging the production of the maximum sustained yield consistent with the preservation and protection of breeding stock, taking into consideration the recommendations of the various marine laboratories, as well as those of interested and experienced groups of private citizens. Such rules and regulations are to control the method, manner, and equipment used in the taking of shrimp or prawn, as well as limiting and defining the areas where taken.

(2)  SHRIMP CATCH REGULATION.--It is unlawful for any person, firm, or corporation to catch, kill, or destroy shrimp or prawn within the waters of this state or have in his or her possession any small shrimp or prawn taken in such waters, provided such small shrimp or prawn constitute at least 5 percent of all such shrimp or prawn in such possession. "Small shrimp" or "prawn" are defined as those that require more than 47 with the heads, or 70 without the heads, to make a pound by shrimp count. The words "shrimp count" shall refer to the number of shrimp, heads off, 70 to make a pound or 47 with the heads on to make a pound. This count shall be determined by random sampling in five different locations in the catch, at as widely separated distances and depths as practicable. Each sample shall consist of at least 1 pound of shrimp. The average counts of these five samples shall be the established count for the cargo. In the event shrimp, which when caught, landed, and prior to grading were of legal size under the terms of this subsection, are thereafter graded for size for the purpose of packaging, processing, or other lawful purpose; the smaller shrimp making up the average count of such entire lot as herein provided are graded out into separate lot or lots; and such shrimp so segregated from such entire lot are above the average count as herein provided, the possession, purchase, sale, unloading, transporting, or handling of such particular smaller graded shrimp is not unlawful. This provision excludes any product which has been processed and imported into the state. "Processed" is defined as frozen, canned, or packaged in up to 10-pound packages. This section does not apply to shrimp caught legally under a live bait license or to fishing camps which sell bait shrimp to persons for recreational purposes. Shrimp caught under a live bait license may only be sold as bait shrimp, and sales tax shall be collected thereon.

(3)  REGULATION OF BREEDING AREAS.--Any areas or places as defined in subsection (2) shall be designated sanctuary areas for shrimp and prawn to be opened or closed to the taking of shrimp or prawn according to the provisions of this section or the rules and regulations of the division.

(4)  CATCHING SHRIMP AT NIGHT.--It is unlawful to catch or attempt to catch shrimp or prawn in the territorial waters of the state in any county whose coastal boundary borders solely on the Atlantic Ocean, by use of trawl nets during night hours except during the months of June, July, and August.

(5)  SHRIMP TRAPS.--

(a)  It is unlawful for any person, firm, or corporation to take or attempt to take shrimp by the use of any trap which:

1.  Exceeds the following dimensions: 36 inches long (from rear of the heart to the leading edge of the trap), by 24 inches wide (between the leading edges of the trap, or heart opening), by 12 inches high; or

2.  Has external or unattached wings, weirs, or other devices intended to funnel shrimp to the trap heart.

(b)  This subsection shall not be construed to restrict the allowable shape or configuration of any shrimp trap so long as the trap, together with all of its parts, conforms to the specifications of paragraph (a).

(c)  Any shrimp trap which conforms to the specifications of paragraph (a) shall not be considered a pound net.

(d)  The user of any trap shall affix his or her name and address securely to each trap. Any such trap not having proper identification is subject to confiscation by the department. No person, firm, or corporation shall have more than four traps in use at any time. The department shall have the authority to inspect such traps when being used in or on the waters of the state.

(e)  The presence of unattended shrimp traps on or attached to beaches, causeways, seawalls, bridges, or any other structures open for use by the public is hereby declared to be a nuisance. Any such trap which is not attended by the person whose name is affixed to the trap is subject to confiscation by the department.

(6)  SHRIMP TRAWLING.--All persons, firms, and corporations desiring to trawl for shrimp within areas in which trawling is permitted shall have a noncommercial trawl or net registration or purchase a saltwater products license issued to a valid boat registration or in the name of an individual pursuant to s. 370.06. The saltwater products license shall remain on board at all times and is subject to immediate revocation upon conviction for violation of this section or when it becomes apparent that the best interests of saltwater conservation will be served by such action. A noncommercial trawl or net registration must be issued to each net used to take shrimp for noncommercial purposes. Such net or trawl shall have a corkline measurement of 16 feet or less. Possession of shrimp under a noncommercial registration is limited to 25 pounds while on the water. Due to the varied habitats and types of bottoms and hydrographic conditions embraced by the open fishing area, the division shall have the authority to specify and regulate the types of gear that may be used in the different sections of the open areas.

(7)  CLOSED AREA IN SANTA ROSA SOUND.--

(a)  It is unlawful to take or catch shrimp, other than live 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 Bascule Bridge in Santa Rosa County as the west boundary.

(b)  A third or any subsequent violation by any person of this subsection within a 3-year period is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)  LIVE BAIT SHRIMPING; LICENSES.--Live bait shrimp may be caught at any time but only under license issued by the department. Licensees must fish with gear and under those conditions specified by the department. Application for such licenses shall be on forms supplied by the department. A live bait shrimping license shall be revocable when the holder does not comply with the laws and regulations applicable to saltwater conservation. All vessels fishing for live bait shrimp must be equipped with live bait shrimp tanks, and no more than 5 pounds of dead shrimp will be allowed on board such vessel per day.

(9)  CLOSED AREA FOR SHRIMPING.--

(a)  No shrimping except for live bait shrimp shall be permitted in all waters within the following described area: Begin at a point of latitude 24°41'54" North and longitude 81°40'30" West near Snipe Point in Monroe County; thence go North 35°53'16" West approximately 9 nautical miles to a point of approximate latitude 24°41'55" North and longitude 81°46'15" West, 3 marine leagues seaward of Snipe Point; thence easterly and northerly following a line which is 3 marine leagues seaward of the mean low-water line of the seawardmost points in Florida Bay and the Gulf of Mexico to a point at latitude 26°00'00" North and approximate longitude 81°56'30" West; thence east to a point on the mean high-water line at latitude 26°00'00" North and approximate longitude 81°44'06" West; thence southerly and easterly along the mean high-water line of the Florida mainland to its intersection with the westerly right-of-way of the U.S. Highway 1 bridge in Long Sound; thence follow the westerly and northern right-of-way of U.S. Highway 1 to a point on Saddlebunch Key latitude 24°37'06" North and approximate longitude 81°36'42" West; thence on a straight line to the point of beginning.

(b)  A second or any subsequent violation by any person of this subsection is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 2, ch. 28145, 1953; s. 1, ch. 59-343; s. 1, ch. 61-525; s. 1, ch. 63-338; ss. 1, 2, 3, ch. 65-343; ss. 25, 35, ch. 69-106; s. 1, ch. 70-344; s. 295, ch. 71-136; s. 1, ch. 72-54; ss. 1, 2, ch. 74-58; s. 8, ch. 77-142; ss. 1, 3, ch. 79-263; s. 1, ch. 81-311; s. 8, ch. 83-134; s. 2, ch. 84-121; s. 1, ch. 85-163; ss. 12, 17, ch. 85-234; s. 12, ch. 86-240; ss. 1, 6, ch. 88-412; s. 560, ch. 95-148.

¹Note.--Section 8, 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, 1986, and further provided that if the Governor and Cabinet had not adopted appropriate rules by July 1, 1986, it 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. 8, 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.