Fla. Admin. Code tit. 68 | Fla. Admin. Code Title 68 — Fish and Wildlife Conservation Commission

Division 68F Aquatic Plants

Chapter 68F-20 AQUATIC PLANT CONTROL PERMITS

Fla. Admin. Code R. 68F-20.0015 Definitions

(1) “Aquatic plant” means any plant, including a floating, emersed, submersed, or ditchbank species, growing in, or closely associated with, an aquatic environment, and includes any part or seed of such plant.

(2) “Aquatic plant management” means an activity designed to control the growth of aquatic plants so as to protect human health, safety and recreation and, to the greatest degree practicable, to prevent injury to non-target plants, animal life, and property.

(3) “Artificial waters” means those surface waters created through excavation by humans.

(4) “Beneficial aquatic plants” means indigenous aquatic plant species that provide fish and wildlife habitat, water quality protection, and shoreline stabilization.

(5) “Boatable connection” means a connection between two waterbodies that is of sufficient depth and width, at normal water levels, that a subsurface propeller-driven boat can navigate bwtween the waterbodies.

(6) “Class I – Potable Water Supplies” means surface waters designated for human consumption as defined by the Department of Environmental Protection, pursuant to rule 62-302.400, F.A.C., and all derivaties of this classification.

(7) “Class II – Shellfish Propagation or Harvesting” means surface waters where shellfish are grown or harvested for human consumption as defined by the Department of Environmental Protection, pursuant to rule 62-302.400, F.A.C.

(8) “Collection” means the removal or gathering of any aquatic plant, including any part or seed thereof, from the place in which it is growing in the natural environment.

(9) “Commission” means the Florida Fish and Wildlife Conservation Commission.

(10) “Connection” means any depression, ditch, canal, culvert, pipe, or any other natural or man-made conveyance, whether permanent or intermittent, which joins the surface water of one waterbody to the surface water of another waterbody in such a manner as to allow the interchange of water between the waterbodies. Waterbodies with conveyances which are subject to man-made controls, including but not limited to dams, weirs, water control gates, and valves which are preventing the interchange of water between waterbodies at the time of the use of an herbicide for aquatic plant management activities, and throughout any water use restriction periods required by the herbicide product label, shall not be considered to be connected.

(11) “Control area” means an area of water containing the aquatic plant management site within which opportunity exists for the mixture of water temporarily degraded by management activities with receiving or adjacent waters and the area of water in which the use of a herbicide or mechanical aquatic plant management activity is undertaken.

(12) “Direct connection,” or any derivative thereof, means when conditions exist where interchange of water between waterbodies can occur at the time of aquatic plant control activities.

(13) “Ditchbank species” means those plants usually growing not directly in water but near water’s edge at normal water level.

(14) “Eradication program” means a method for the control of non-indigenous aquatic plants in which control techniques are utilized in a coordinated manner in an attempt to kill all the target aquatic plants on a permanent basis in a given geographical area.

(15) “Herbicide” means any chemical product used to chemically control or regulate aquatic plant growth.

(16) “Maintenance program” means a method for the management of aquatic plants in which techniques are used in a coordinated manner as determined by the Commission.

(17) “Manatee aggregation site” means a specific area within a waterbody or canal system where manatees periodically congregate, as identified by the section in consultation with the U.S. Fish and Wildlife Service and the Commission’s Imperiled Species Management Section.

(18) “Natural waters” means those surface waters created through geological and biological processes whether or not subsequently modified by man.

(19) “Noxious aquatic plant” means any part, including but not limited to seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial plants, to interfere with irrigation or navigation, or to adversely affect the public welfare or the natural resources of this state.

(20) “Outstanding Florida Waters” means waters designated by the Environmental Regulation Commission as worthy of special protection because of their natural attributes as listed in rule 62-302.700, F.A.C.

(21) “Permit” means a license issued by the Commission, pursuant to this chapter.

(22) “Person” or “persons” means any individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and any other groups or combinations thereof.

(23) “Public waterbody” means a body of water that is accessible by the boating public, by either of the following:

(a) A boat ramp that has:

A sign stating that the location is a public boat ramp or use area,
At least one directional sign on the nearest paved roadway, indicating the way to the boat ramp,
Sufficient size and space to safely launch a boat from a vehicle and attached trailer, and
Ample parking space within 0.25 miles of the boat ramp; or

(b) Waters that themselves have a boatable connection to another public waterbody.

(24) “Regional biologist” means a biologist employed by the section who is located in a region of the state designated by the section, and whose duties are to carry out the responsibilities of the section within the region as assigned.

(25) “Riparian owner” means a person who possesses fee title to property that extends to the ordinary high water mark of natural waters, or to the bottom of natural waters.

(26) “Section” means the Invasive Plant Management Section, an administrative subdivision of the Florida Fish and Wildlife Conservation Commission.

(27) “Waters” or “Waters of the State” means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and all other bodies of water.

(28) “Waters of Special Concern” means Class I and II waters, Outstanding Florida Waters, and manatee agregation sites.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95, Formerly 62C-20.0015, Amended 11-20-18.

Fla. Admin. Code R. 68F-20.002 Permits – Applications

(1) No person or public agency shall attempt to control, eradicate, remove, or otherwise alter any aquatic plants in waters of the state except as provided in a permit issued by the Commission unless the activities or waters in which aquatic plant management activities are to take place are expressly exempted in rule 68F-20.0035, F.A.C.

(2) Permits issued pursuant to this chapter are not intended to allow for the collection and reintroduction of the removed plants into another waterbody, unless specifically provided for in the permit conditions.

(3) Application format and requirements:

(a) All applications for new permits or amendments to existing permits shall be submitted in accordance with the requirements of this rule.

(b) Applications for new permits, renewal permits, or amendments to existing permits shall be submitted electronically through the Commission’s aquatic plant control online permitting system, on the Commission’s web site at https://app.myfwc.com/CrossDOI/PermitSystem. A document encompassing the content of the application titled “Aquatic Plant Control Permit Application Instructions” (Form IPM-01), effective March 2026, is hereby incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19563. Persons unable to apply electronically should contact the Commission’s Invasive Plant Management Section for assistance with the application process.

(c) All applications, except for those from government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection, shall be in the name of the riparian owner. If the Commission is unable to determine if the applicant is a riparian owner, the applicant shall, upon request, provide proof of riparian ownership. An application can be submitted by an agent authorized by the riparian owner. Persons authorized to represent multiple riparian owners such as, but not limited to, governmental agencies and officers of homeowners associations can submit a single application for multiple sites.

(d) As part of the application, the applicant shall provide the name of the waterbody, if it is named; the street address of the control site; or a map with directions to the proposed management site using county, state, and U.S. highway names and route numbers.

(e) As part of the application, the applicant shall provide a diagram of the proposed management site (“site map”) which shall contain at a minimum the following information:

The riparian owner’s property boundaries, including dimensions.
The approximate water’s edge at the time of the proposed application.
Prominent features such as docks, fences, trees, etc., located near the water’s edge.
Prominent aquatic plant communities located at the site identified by name or symbol, with a clear depiction of the aquatic plants proposed for control including the dimensions of the control area and the vegetation not to be controlled.
The proposed control method to be used.
A copy of any existing conservation easement established in the area aquatic plant control is proposed.
Legends that explain all symbols and patterns used in the site map.

(4) The regional biologist shall review and determine the completeness of each application.

(5) Applications and permittees shall allow reasonable access to regional biologists for the purpose of engaging in surveys and examinations of the proposed aquatic plant management site.

(6) Final agency action on permit applications.

(a) All conditions of the permit shall be stated on the permit.

(b) Permits shall be effective for a period of three years from the date issued.

(c) The permittee must sign the permit and have a copy of the signed permit on site for review while conducting any control activities.

(7) Permit amendments:

(a) The permittee can request an amendment subject to the procedures and review criteria of this chapter.

(b) Following notice to the permittee, the Commission is authorized to amend a permit issued pursuant to this chapter during the term of the permit to restrict or limit the scope of the permitted activity. This shall be done if necessary to ensure the protection of human health, safety, recreation, plant and animal life, and property.

(c) A permit issued pursuant to this chapter can be transferred at the written request of a new owner or assignee of the permitted property when accompanied by written consent from the permit holder. If any changes, additions, or amendments to the permit are requested, an application for a new permit must be submitted for processing.

(8) It shall be the responsibility of the permittee to submit a renewal application 45 days prior to the expiration date of the permit.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95, Formerly 62C-20.002, Amended 11-20-18, 6-2-26.

Fla. Admin. Code R. 68F-20.0035 Waters or Activities Exempt from Permitting

(1) No aquatic plant control permit is required by the Commission for the following waters or activities:

(a) Waters where all of the surrounding (360 degrees) upland property and submerged lands are wholly owned by one person, other than the state, unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(b) Artificial waters unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(c) Electrical power plant cooling ponds, reservoirs, or canals, unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(d) Waters that are less than 160 surface acres unless:

The Waters are a public waterbody, or
There is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

The acreage of waters in systems with any connections shall be calculated for each individual water rather than collectively as a system. Natural connections between non-exempt waters shall be considered part of those waters.

(e) In that specific area of a waterbody where an Environmental Resource Permit is issued by the Department of Environmental Protection or one of the state’s Water Management Districts and aquatic plants are removed as a part of the permitted activity.

(f) Activities conducted, authorized, or contracted for by the Commission.

(g) In all freshwater bodies, except aquatic preserves designated under chapter 258, F.S., and Outstanding Florida Waters designated under chapter 403, F.S., a riparian owner may physically or mechanically remove herbaceous aquatic plants and semiwoody herbaceous plants, such as shrub species and willow, within an area delimited by up to 50 percent of the property owner’s frontage or 50 feet, whichever is less, and by a sufficient length waterward from, and perpendicular to, the riparian owner’s shoreline to create a corridor to allow access for a boat or swimmer to reach open water. All unvegetated areas shall be cumulatively considered when determining the width of the exempt corridor. Physical or mechanical removal does not include the use of any chemicals or any activity that requires a permit pursuant to part IV of chapter 373, F.S.

(2) Although certain waters are exempt from the Commission’s permit requirements, all aquatic plant management activities shall be conducted in a manner so as to protect human health, safety, recreational use, and to prevent injury to non-target plant and animal life, and property, to the greatest degree practicable. When applying a herbicide in exempt waters, all persons shall comply with label rates, instructions, cautions, and directions, and shall follow the public notice requirements of paragraph 68F-20.0055(2)(c), F.A.C. No aquatic plant management activity using herbicides or mechanical harvesting equipment shall be conducted when manatees are in the control area in exempt waters. Copper-based herbicides shall not be used in any exempt waterbody directly connected to Waters of Special Concern without a permit from the Commission.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95, Formerly 62C-20.0035, Amended 11-20-18.

Fla. Admin. Code R. 68F-20.0045 Criteria for Issuing, Modifying or Denying Permit Applications

(1) The Commission recognizes the varied human and environmental concerns for Florida’s waters. Aquatic plant control permits shall be issued to allow persons reasonable access to, and use of, these waters while maintaining sufficient native vegetation to provide for environmental concerns such as the impact upon fish, wildlife, water quality, and shoreline stabilization. Native aquatic plant species in natural waters will not be considered for control unless the native species alone, or when intermingled with nonindigenous species, have become noxious.

(2) In determining whether a permit shall be issued for aquatic plant management purposes, the Commission shall consider the following criteria:

(a) The noxious aquatic plant species present and the potential of the target plants to create adverse effects.

(b) The amount and quality of the aquatic plants within the waterbody and the proposed management site, and their importance to biological communities that are utilizing them.

(c) The positive or adverse impacts of the aquatic plant management activities on public interest considerations such as:

Health and safety of the public.
Navigation.
General public’s access to, or use of, the waterbody.
Riparian property owners’ access to, or use of, the waterbody.
Swimming, fishing or other recreational activities.
Water flow or the potential for flooding.

(d) The positive or adverse impacts of the aquatic plant management activities on fish and wildlife considerations such as:

Endangered or threatened species, species of special concern, or their prey species and habitat.
The potential of the management activities to improve habitat for the production of fish and wildlife, including non-game species.
The potential of the plant management activities to increase or improve native aquatic plant species diversity.

(e) The positive or adverse impacts of the proposed aquatic plant management activities on water quality considerations such as:

Plant coverage which protects or improves water quality.
Plant coverage which prevents or reduces shoreline erosion and runoff.
Nutrient levels, dissolved oxygen levels, deposition of organic matter, herbicide residues or other impacts on water quality outside of the control area designated by the Commission.

(f) The protection of the receiving waterbodies consistent with the classes of surface waters established pursuant to chapter 62-302, F.A.C.

(g) The potential of the proposed activity to spread noxious aquatic plants, or to promote the survival and growth of native aquatic plants.

(h) Whether a conservation easement has been established that prohibits the alternation of removal of vegation in the area proposed for aquatic plant control.

(3) The Commission will not issue more than one permit for the same activity at the same site, at the same time, in the behalf of a riparian owner.

(4) The removal, cutting, collecting, or altering in any way of mangroves, mangrove seeds (fruits) or propagules, or plants restricted by rule 68B-42.001, F.A.C., are not regulated by this chapter and, therefore, shall not be permitted pursuant to chapter 68F-20, F.A.C.

(5) If after review of a complete application the Commission determines that the proposed activity does not conform to the criteria as established in rule 68F-20.0045, F.A.C., the Commission shall deny the permit.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Formerly 16C-20.045, 16C-20.0045, Amended 5-3-95, Formerly 62C-20.0045, Amended 11-20-18.

Fla. Admin. Code R. 68F-20.0055 Management Method Criteria and Standards, and Operations Requirements

(1) Management Method Criteria and Standards

(a) Herbicide control activities:

All herbicide control activities shall be in conformity with label requirements of the product to be used.
Herbicides with label restrictions for potable water use that do not indicate a potable water intake setback distance must not be used to manage floating plants within 0.5 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.
When used to manage aquatic vegetation other than floating plants, herbicides with label restrictions for potable water use which do not indicate a potable water intake setback distance must not be used within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protections in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.
When management activities, using a herbicide with label restrictions for potable water use which does not have a potable water setback distance, are to take place within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protections in a lake, or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system, written notice by certified mail must be given to the operator of the water treatment plant and to the section at least one week prior to the treatment activity, unless an alternative notification system has previously been approved by the Commission. There are no requirements to notify water treatment plant operators or the section when using herbicides that do not have restrictions on the label for potable water use.
When more than one herbicide is registered for use in an aquatic site, the Commission shall require the use of the herbicide which it determines has the least adverse effect upon human health, safety, recreational uses, non-target plants, fish, and wildlife. In determining which herbicide shall be used, the following criteria shall be considered:

a. Which herbicide will provide the greatest protection to human health, safety, and recreational uses.

b. Which herbicide will provide the greatest protection to non-target plant and animal life.

c. Which herbicide will be most effective at controlling the targeted species.

No herbicide shall be permitted for use in violation of label requirements as registered by the Department of Agriculture and Consumer Services or the United States Environmental Protection Agency.
Application of herbicides shall be conducted at all times in a manner to cause the least possible adverse effect on human health, safety, recreational uses, non-target plants, fish, or wildlife.
Management activities using herbicides shall not be permitted in manatee aggregation sites when manatees are present except when automatic herbicide applications operating on timing devices have been authorized by a permit.
In order to protect the welfare, safety, and health of manatees, when manatees are sighted in a control area, all herbicide control operations must cease immediately (except when automatic herbicide applications operating on timing devices have been authorized by a permit), and shall not be resumed until all manatees have left the control area of their own volition. Manatees shall not be herded or harassed into leaving the control area.
Proposed herbicide treatments that can cause the rapid decay of aquatic vegetation and possible oxygen depletion, shall be required to be staggered or conducted in stages to allow time for recovery and stabilization of oxygen levels between treatments.

(b) Mechanical and Physical Control Activities:

Mechanical aquatic plant management operations shall be conducted in a manner which will not cause further significant spread of noxious aquatic plant species. All cut or harvested aquatic vegetation shall be deposited as prescribed in the permit. No substrate is authorized to be recontoured or removed under an aquatic plant control permit.
When manatees are sighted within 50 feet of mechanical operations, all operations must cease immediately and shall not be resumed until all manatees have left the mechanical operations area of their own volition. Manatees shall not be herded or harassed into leaving the control area.
An aquatic plant control permit is required to fluctuate water levels when the primary purpose is for aquatic plant management. A permit to fluctuate water levels could also be required from the appropriate water management district.

The use of fish as a biological control for aquatic plants requires a permit from the Commission, pursuant to rule 68A-23.088, F.A.C., and is not regulated under this chapter.
All other biological control agents shall be used only if approved for general release by the U.S. Department of Agriculture and the Florida Department of Agriculture and Consumer Services.

(2) Operations Requirements:

(a) All persons conducting aquatic plant management activities shall remove from the site and properly dispose of, in accordance with label instructions, all herbicide containers which result from aquatic plant management activities.

(b) All persons conducting aquatic plant management activities shall allow employees of the Commission to conduct inspections, sample waters in management sites and observe control activities at management sites in order to determine compliance with the terms of this chapter and permit conditions.

(c) Prior to undertaking herbicide control activities, each permittee shall notify potential users of waters, subject to or affected by the aquatic plant management activities, if there are use restrictions on the herbicide label for treated waters. The permittee must use one or more of the following methods of notice, which shall be stated on the permit, for posting water-use restrictions to properly notify the affected public:

The posting of signs at access points.
The publication of notice in a newspaper of general circulation in the affected area.
The placement of notices at the management site.
The establishment of a signal or marker system.
Giving notice at established point of contact.
Other methods, approved in advance by the Commission, designed to reach the affected public.

(d) The notice shall include, at least, the types of activities which will be temporarily prohibited, or restricted, and the dates for which these prohibitions, or restrictions, are applicable. The notice must remain posted during the period for which any use restrictions are in effect.

(e) Any person engaged in aquatic plant management must have a copy of the aquatic plant control permit when conducting control activities, unless activities are being undertaken pursuant to chapter 68F-54, F.A.C.

(f) If the Commission finds that immediate, serious danger to the public health, safety, welfare, or the environment requires emergency action, it is authorized, to suspend, restrict, or limit the scope of the permitted activity by emergency order. Any emergency action taken pursuant to this rule shall be promptly reported to the Commissioners as agency head.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95, Formerly 62C-20.0055, Amended 11-20-18.

Fla. Admin. Code R. 68F-20.0075 Penalties

(1) Following proper notice, the Commission is authorized to modify, revoke, suspend, annul, or withdraw any permit granted by it, or deny or modify any permit request, if the Commission determines that the following actions were committed by the permittee or applicant:

(a) Submission of false or inaccurate information in the permit application, requests for amendments or renewals.

(b) An unresolved violation of a permit, permit conditions, this chapter, or Florida Statutes relating to aquatic plant management activities.

(2) Violators of this chapter, Florida Statutes, permit, or permit conditions relating to aquatic plant management activities are subject to penalties as provided in sections 379.501, 379.502, 379.503, and 379.504, F.S.

History

Rulemaking Authority 369.20, 369.22, 379.501, 379.502, 379.503, 379.504 FS. Law Implemented 369.20, 369.22, 379.501, 379.502, 379.503, 379.504, 403.088 FS. History–New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended 5-3-95, Formerly 62C-20.0075, Amended 11-20-18.

Chapter 68F-54 FUNDING FOR AQUATIC PLANT MANAGEMENT

Fla. Admin. Code R. 68F-54.001 Program Criteria and Standards

(1) The Florida Legislature provides funds to the Commission annually through the Invasive Plant Control Trust Fund for the management of aquatic plants.

(2) Funds are allocated by the Commission to government agency and private sector contractors, after evaluation of workplans and associated budgets for eligible waters, in accordance with eligibility standards and priorities established in this chapter. The Commission then monitors and assists contractors to ensure the appropriate management of aquatic plants and funds.

(3) The Aquatic Plant Management Funding Program and the Corps Cooperative Agreement DACW 17-85-H-0020 (effective date as amended 26 September 1988, which is hereby incorporated by reference and is available from the section) shall be implemented by this chapter.

(4) Applying the maintenance program management policy to noxious aquatic plants shall include the following actions:

(a) Identifying the noxious aquatic plant species present, and their impact on plant and animal life and property.

(b) Determining in which eligible water bodies these plants are most disruptive to maintenance program objectives.

(d) Establishing management priorities for eligible waterbodies, and selecting management methods to be used including mechanical, biological, or herbicide techniques, which may often be used in combination.

(e) Coordinating with and seeking comments from stakeholders including other agencies and local governments.

(f) The Commission is authorized to contract with government agencies and private sector organizations for the management of aquatic plants in waters of the state.

(g) The Commission is authorized to reimburse any government agency or private sector company with which it has entered into a contractual agreement to manage aquatic plants, subject to the eligibility requirements of this chapter.

(h) The Commission is responsible for determining that funds are spent in accordance with annual workplans, task assignments and contracts.

(i) The Commission shall reimburse contractors based on the available funds, program eligibility, program priorities, and the method of reimbursement as defined in this chapter. To compensate for limitations in the planning cycle prior to the end of the fiscal year, the Commission is authorized to review allocations to contractors to determine if additional funds are needed or if excess funds are available for reallocation to management programs in need of additional funds.

(5) Herbicide Management Standards:

(a) Herbicide management activities shall be in conformity with label restrictions of the product to be used.

(b) Herbicides with label restrictions for potable water use which do not indicate a potable water intake setback distance must not be used to manage floating plants within 0.5 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.

(c) When used to manage aquatic vegetation other than floating plants, herbicides with label restrictions for potable water use which do not indicate a potable water setback distance must not be used within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.

(d) When management activities, using a herbicide with label restrictions for potable water use which does not have a potable water setback distance, are to take place within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake, or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system, written notice by certified mail must be given to the operator of the water treatment plant and to the section at least one week prior to the treatment activity, unless an alternative notification system has been previously approved by the Commission. There are no requirements to notify water treatment plant operators or the section when using herbicides that do not have restrictions on the label for potable water use.

(e) When more than one herbicide is registered for use in an aquatic site, the Commission shall require the use of the herbicide which it determines has the least adverse effect upon human health, safety, recreational uses, non-target plants, fish, and wildlife. In determining which herbicide shall be used, the following criteria shall be considered:

Which herbicide will provide the greatest protection to human health, safety, and recreational uses.
Which herbicide will provide the greatest protection to non-target plant and animal life.
Which herbicide will be most effective at controlling the targeted species.

(f) No herbicide shall be permitted for use in violation of label requirements as registered by the Department of Agriculture and Consumer Services or the United States Environmental Protection Agency.

(g) Application of herbicides shall be conducted at all times in a manner to cause the least possible adverse effect on human health, safety, recreational uses, non-target plants, fish, or wildlife.

(h) Management activities using herbicides shall not be permitted in manatee aggregation sites when manatees are present except when automatic herbicide spreaders operating on timing devices have been authorized in the workplan.

(i) When manatees are sighted in a control area, all herbicide control operations must cease immediately, (except when automatic herbicide spreaders operating on timing devices have been authorized in the workplan), and shall not be resumed until all manatees have left the control area of their own volition. No manatee may be herded or harassed into leaving the control area.

(j) Proposed herbicide treatments that may cause the rapid decay of aquatic vegetation and possible oxygen depletion, shall be required to be staggered or conducted in stages to allow time for recovery and stabilization of oxygen levels between treatments.

(6) Mechanical and Physical Management Standards:

(a) Mechanical aquatic plant management operations shall be conducted in a manner which will not cause further significant spread of noxious aquatic plant species. All cut or harvested aquatic vegetation shall be deposited as prescribed in the workplan. No substrate is authorized to be recontoured or removed under an aquatic plant management workplan.

(b) When manatees are sighted within 50 feet of mechanical operations, all operations must cease immediately and shall not be resumed until all manatees have left the mechanical operations area of their own volition. No manatee may be herded or harassed into leaving the control area.

(7) Biological Management Standards:

(a) The use of fish as biological management for aquatic plants requires authorization from the Commission which has statutory authority for the regulation of the use of fish.

(b) All other biological management agents shall be used only if approved for general release by the U.S. Department of Agriculture and the Florida Department of Agriculture and Consumer Services.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 403.088, 369.20, 369.22 FS. History–New 1-7-87, Amended 5-30-93, Formerly 16C-54.001, 62C-54.001, Amended 10-9-12.

Fla. Admin. Code R. 68F-54.003 Definitions

(1) “Aquatic plant” means any plant, including a floating, emersed, submersed or ditchbank species, growing in or closely associated with an aquatic environment, and includes any part or seed of such plant.

(2) “Budget” means the detailed anticipated expenditures including anticipated federal, state or local funds which are within the categories designated eligible by this chapter for the fiscal year for which funding is being allocated.

(3) “Commission” means the Florida Fish and Wildlife Conservation Commission.

(4) “Connection” means any depression, ditch, canal, culvert, pipe, or any other natural or man-made conveyance, whether permanent or intermittent, which joins the surface water of one waterbody to the surface water of another waterbody in such a manner as to allow the interchange of water between the waterbodies. Waterbodies with conveyances which are subject to man-made controls, including but not limited to dams, weirs, water control gates, and valves, which are preventing the interchange of water between waterbodies at the time of the use of a herbicide for aquatic plant management activities and throughout any water use restriction periods required by the herbicide product label, shall not be considered to be connected.

(5) “Contract” means a written agreement which outlines the obligations of the Commission and the contractor and constitutes an aquatic plant control permit under subsection 68F-20.002(8), F.A.C.

(6) “Contractor” means any government agency or private sector company with which the Commission has entered into a contractual agreement to reimburse eligible costs associated with managing aquatic plants.

(7) “Control area” means an area of water containing the aquatic plant management site within which opportunity exists for the mixture of water temporarily degraded by management activities with receiving or adjacent waters, and the area of water in which the use of a herbicide or mechanical aquatic plant management activity is undertaken.

(8) “Corps” means the United States Army Corps of Engineers, an administrative subdivision of the United States Government.

(9) “Ditchbank species” means those plants usually growing not directly in water but near water’s edge at normal water level.

(10) “Eligible costs” means costs identified by the contract as being reimbursable.

(11) “Federal funds” means those aquatic plant management funds provided by the Corps.

(12) “Fiscal year” means the state fiscal year, July 1 through June 30.

(13) “Herbicide” means any chemical product used to chemically control or regulate aquatic plant growth.

(14) “Local government” means a county or municipal government.

(15) “Maintenance program” means a method for the management of aquatic plants in which techniques are used in a coordinated manner as determined by the Commission.

(16) “Manatee aggregation site” means a specific area within a waterbody or canal system where manatees periodically congregate, as identified by the section in consultation with the U.S. Fish and Wildlife Service and the Commission’s Imperiled Species Management Section.

(17) “Noxious aquatic plant” means any part, including but not limited to seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial plants, to interfere with irrigation or navigation, or to adversely affect the public welfare or the natural resources of this state.

(18) “Section” means the Invasive Plant Management Section, an administrative subdivision of the Florida Fish and Wildlife Conservation Commission.

(19) “Sovereignty lands” means, pursuant to Article X, Section 11, Constitution of the State of Florida, the title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.

(20) “State funds” means those aquatic plant management funds provided by Legislative appropriation.

(21) “Task assignment” means an executed agreement between the Commission and the contractor that authorizes all of the workplans and an approved budget for the contractor’s area of operations for a given fiscal year.

(22) “Waters” or “Waters of the state” means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and all other bodies of water.

(23) “Workplan” means an outline of the anticipated aquatic plant management operations to be conducted on a given waterbody for a given fiscal year.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22 FS. History–New 1-7-87, Amended 5-30-93, Formerly 16C-54.003, 62C-54.003, Amended 10-9-12.

Fla. Admin. Code R. 68F-54.0035 Waters Eligible and Eligibility Criteria for Aquatic Plant Management Funds

(1) The Commission is authorized to enter into contracts for the purpose of managing noxious aquatic plants in sovereignty lands, or those sites which might adversely impact sovereignty lands. Approval of control techniques and program approval are contained in the individual workplans for each waterbody which are complied into a task assignment.

(2) In order for state and federal aquatic plant management funds to be considered, waters for which these funds are requested must meet the following eligibility criteria:

(a) The waterbody must be sovereignty lands, or Commission managed lands such as a Fish Management Area or Wildlife Management Area, or a site which might adversely impact sovereignty lands or Commission managed lands, or a state-owned spring or spring run.

(b) For sovereignty lands, the waterbody must have access to the boating public by way of an established, improved boat ramp or a direct navigable connection to an eligible waterbody.

There must be a sign at the boat ramp stating that it is a public boat ramp or use area.
A ramp fee may be charged provided that the fee is not unreasonable (in keeping with ramp fees charged in the area).
There must be at least one directional sign on the nearest paved roadway indicating the way to the public boat ramp.
The boat ramp must have sufficient space to safely turn a vehicle and trailer around and ample parking space within one quarter mile distance from the boat ramp.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22 FS. History–New 5-30-93, Formerly 16C-54.0035, 62C-54.0035, Amended 10-9-12.

Fla. Admin. Code R. 68F-54.005 Approval, Allocation, and Disbursement Procedures for Aquatic Plant Management Funds

(1) Workplan requests shall be reviewed and approved by the section staff to determine compliance with this chapter.

(2) Although a waterbody may meet eligibility criteria, funding and workforce availability may be insufficient to manage noxious plants for a period of time. The section shall allocate funds according to the following priorities, with 1 being the highest priority, and the additional considerations listed in subsection 68F-54.005(3), F.A.C.:

Priority 1: To manage waterhyacinth and waterlettuce, including those plants in waters which could infest connected eligible lakes and rivers.

Priority 2: To manage new hydrilla infestations, particularly those at boat ramps or in waters connected to eligible waters which contain little or no hydrilla.

Priority 3: To manage any noxious aquatic plant restricting access at public boat ramps, or to establish trails which connect boat ramps to major use areas.

Priority 4: To provide open areas in dense stands of hydrilla for navigation and recreational use.

Priority 5: To provide for large scale hydrilla management operations.

Priority 6: To provide open areas in dense stands of other noxious plants for navigation and recreational use.

Priority 7: To manage noxious plants in residential or dead end canals and which are connected to eligible waters, unless they contain waterhyacinth or waterlettuce, or hydrilla when there is a navigable connection to an eligible water and the eligible water contains little or no hydrilla.

(3) The section shall allocate funds for an individual waterbody using the criteria established in subsection 68F-54.005(2), F.A.C., with consideration being given to the following factors:

(a) Availability of state and federal funds.

(b) Availability of local funds or in-kind services.

(d) Feasibility of achieving control of noxious aquatic plants in the waterbody.

(e) Anticipated environmental and biological community impacts including the current and anticipated water quality conditions.

(f) Specific comments provided by substantially affected persons.

(g) Current and anticipated level of aquatic plants in the waterbody.

(h) Relative benefit to the public.

(4) A task assignment shall be executed by the Commission with the contractor prior to any aquatic plant management activities being eligible for reimbursement.

(5) Reimbursement shall be based on accounting for actual costs and shall be the means for identifying and distributing allowable costs in the program. All invoices for a given month shall be provided to the Commission for determination of reimbursement no later than the 20th day of the following month. The Commission shall have thirty (30) days in which to review, inspect, and accept the contractor’s work effort and associated reimbursement documentation. Incomplete or incorrect invoices submitted shall be returned by the Commission for correction to the contractor within thirty (30) days of receipt. The corrected invoice shall be returned to the Commission no later than the 20th day following the day of receipt by the contractor. The Commission shall reimburse the contractor monthly upon receipt of a properly certified invoice. The following certification statement shall appear on the invoice, “I certify that the above bill is correct and just and that payment thereof has not been received; I further certify that the contractor and all sub-contractors employed on the work have complied with the labor standards provision of the contract.” The contractor shall keep separate cost accounting records for this program from which the invoice shall be prepared.

History

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 120.60 FS. History–New 1-7-87, Amended 5-30-93, Formerly 16C-54.005, 62C-54.005, Amended 10-9-12.

Division 68 Departmental

Chapter 68-1 GENERAL PROVISIONS

Fla. Admin. Code R. 68-1.001 Adoption of Uniform Rules of Procedure; Subject Matter Index; Official Reporter

(1) The Uniform Rules of Procedure, Chapter 28, F.A.C., shall be the procedural rules of the Fish and Wildlife Conservation Commission.

(2) The Commission designates Florida Administrative Law Reports (FALR) as its official reporter for purposes of publishing and indexing by subject matter all Commission orders rendered pursuant to exercise of authority granted to the Commission by state statute.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla.Const., 20.331(9) FS. History–New 7-19-06, Amended 1-8-08.

Fla. Admin. Code R. 68-1.002 Minority Business Enterprise Procurement Activities

(1) The Executive Director shall designate a senior level employee as a Minority Enterprise Assistance Officer who shall be responsible for overseeing the Commission's minority business enterprise utilization activities.

(2) To achieve the minority business enterprise procurement goals set forth in Section 287.042, F.S., the Commission shall:

(a) Adopt and periodically review the minority business enterprise utilization plan;

(b) Participate in minority trade fairs throughout the State of Florida;

(c) Provide the local Federal Small Business Development Center with copies of all formal solicitations for contractual services, supplies and commodities;

(d) Update the vendor file quarterly based on the certified minority business enterprise directory issued quarterly by the Department of General Services;

(e) Mail certification forms and offer assistance to minority vendors listed in its vendor file who have not yet been certified;

(f) Identify areas that may be reserved for bidding only by certified minority business enterprises;

(g) Schedule, when feasible and practical, presolicitation or prebid meetings for the purpose of informing certified minority business enterprises of contracting and subcontracting opportunities;

(h) Make purchases under $10,000, whenever economically feasible and practicable, from certified minority business enterprises;

(i) Assure timely payment to vendors and contractors as provided in Section 215.422, F.S.;

(j) The Division of Administrative Services will work with the Minority Business Enterprise Assistance Office to identify certified minority enterprises for a particular industry; and,

(k) To the extent practicable, large contracts ($50,000 and above) will be divided into smaller contracts to afford opportunities to certified minority business enterprises.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 287.042, 287.0947 FS. History–New 12-12-88, Amended 8-23-92, Formerly 39-2.014, 68A-2.014.

Fla. Admin. Code R. 68-1.003 Florida Fish and Wildlife Conservation Commission Grants Program

(1) Introduction and Scope. It is the intent of the Florida Fish and Wildlife Conservation Commission, pursuant to statutory authority under Section 379.106, F.S., to administer a program to provide grants to eligible agencies, educational facilities, organizations, or persons in order to promote programs and activities important to understanding and managing the natural resources of the State of Florida. Projects awarded shall address fish, wildlife, or habitat management, conservation, recreation, boating safety, boating improvements and conservation education. Grants may be awarded to meet the program objectives of the Commission.

(2) Definitions. The following terms, as used in this section and any guidelines developed pursuant to this section, shall mean:

(a) “Agency” means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government.

(b) “Commission” means the Florida Fish and Wildlife Conservation Commission, which is a “state awarding agency” for purposes of the Single Audit Act, Section 215.97, F.S.

(c) “Educational facility” means public or non-public colleges, universities, nature centers, museums, zoos, aquariums, or similar institutions.

(d) “Grant” means an award of financial assistance to a qualified recipient pursuant to a written agreement and in accordance with the applicable provisions of the Commission’s Grants Program.

(e) “Grantee” means a grant recipient and a “recipient” for purposes of the Single Audit Act, Section 215.97, F.S.

(f) “Grants committee” means a committee established within the division, office, institute or program of the Commission administering the grant program. Each Grants Committee will consist of members appointed by the Executive Director or his/her designee.

(g) “Guidelines” means a written document, which is incorporated by reference into this rule containing procedures and polices, and which, in conjunction with this rule, shall govern the administration of the grant program.

(h) “Local governmental entity” means a county, municipality, or special district or unit of government (other than a district school board or community college), which independently exercises any type of governmental function.

(i) “Nonprofit organization” means any corporation, trust, association, cooperative, or other organization that is qualified under Section 501 (c) 3 of the IRS code, or 1) is operated primarily for scientific, educational service, or charitable purpose in the public interest; 2) is not organized primarily for profit; 3) uses net proceeds to maintain, improve, or expand the operations of the organization; and 4) has no part of its income or profit distributable to its members, directors, or officers.

(j) “Person” means individuals, associations, partnerships, and corporations, unless the context should otherwise require.

(k) “Pre-qualification” means that Commission staff will conduct a review and approve an applicant’s overall capabilities to perform the duties and responsibilities required by the grant program. The review may include, but is not limited to, consideration of the following: experience, curriculum vitae, quality and timeliness of past performance, compliance with scientific standards, and professional accreditation of the applicant.

(l) “Scope of work” means a document approved by a Grants Committee containing the description of the scientific, managerial, or educational merits of the proposed project and its benefit to the conservation and management of Florida’s natural resources and which defines the objectives, methods, project schedule and budget, deliverables, and details of payment (including but not limited to method, type, and frequency).

(3) General Program Criteria and Requirements. The following criteria shall apply to all Commission grant programs:

(a) Eligibility. Because the Commission implements a variety of grant programs, eligible applicants for each shall be identified in detailed written program guidelines and rules. In general, applicants may include other state agencies and local government entities, educational facilities, organizations, or persons. Interested parties should review specific program guidelines to determine eligibility.

(b) Grant Types. The Commission may solicit applications for the following types of grants:

Targeted. Due to the nature of a project, a grant may be targeted to a specific pre-qualified applicant that possesses the specialized knowledge, skills and capabilities required to perform the scope of the work.
General. Due to the diversity of the Commission’s programs and activities, grants may be available for projects in a broadly defined area where specific information required by the Commission has not been fully identified, and any potential and eligible applicant for the grant program may submit proposals.
Limited Request for Proposals. Grants may be available for projects for which the most likely applicant has not been already identified, but for which specific detailed qualifications or knowledge are required. In such cases, the Commission will issue a Limited Request for Proposals (LRFP) to solicit proposals from pre-qualified applicants who registered with the grant program. The Grants Committee shall determine which pre-qualified applicants will be notified based on previous experience and input from Commission staff. Pre-qualified applicants will be notified of LRFPs that fall within their area of expertise or specialty.

(c) Application. The Commission shall publish a notice to the public announcing the availability of grants and specifying the application submittal period and any other pertinent application information in electronic postings or via any other advertisement method identified in the program guidelines. Each program will have an application form, which must be submitted by the applicant within the timeframe specified by the notification.

(d) Evaluation and Selection. In addition to any other provisions set forth in this rule, each program shall develop and distribute the evaluation criteria upon which project selection shall be based and which shall be contained in the program guidelines. Each eligible application shall be evaluated on the basis of the criteria. Each program shall have a Grants Committee responsible for reviewing all applications and providing recommendations to the Commission.

(e) Grant Program Match. Any matching requirements, including acceptable forms of match and ineligible match sources, shall be clearly defined and set forth by each program in the guidelines. In general, acceptable match types may include, but are not limited to cash, equipment, in-kind contributions and donations.

(f) Agreements. The following procedures shall apply to the development and execution of agreements for grant awards:

Price and Cost Analysis. Each grant program shall specify in its guidelines the specific policies for determining fair and reasonable project costs and clearly define allowable project costs.
Negotiation and Development. Prior to an agreement being executed, the Commission shall notify each grantee of the type of agreement selected for a grant award. The type of agreement selected will ensure that the best delivery of service and the best value for the expenditure of State resources is received, and shall include sanctions for non-performance. Each agreement shall have a clearly established scope of work or project statement appended to the agreement.
Type. Agreements may specify grant compensation as Fixed Price (full payment amount is pre-set based upon a pre-approved detailed budget, satisfactory performance, and receipt by the Commission of all required reports and deliverables), Cost Reimbursement (payment will vary by the amount of actual expenditures documented by the Grantee), or a combination thereof.
Execution. The Commission may enter into an agreement to award available funds based on the final recommendations provided by the Grants Committee as approved by the Executive Director or his/her designee. Agreements may be executed with a retroactive start date of no more than 60 days provided that approval is granted from the Executive Director or his/her designee that it is in the best interest of the Commission and State to do so. The Executive Director or his/her designee will execute agreements for grant awards.
Special Award Conditions. Additional conditions will be attached to the grant agreement as needed if:

a. An applicant has a history of unsatisfactory performance or non-conformance on a previous award, an applicant cannot provide proof of a management system that meets minimum standards for accounting or project management, or the Commission finds it necessary to impose such conditions to ensure the timely delivery of the services; or

b. Additional conditions are necessary to ensure proper compliance with Commission policy, State or Federal law; or

c. Additional conditions are recommended by the Grants Committee as necessary or appropriate to achieve the goal of the grant or grant program.

(g) Pre-qualification. Grant programs may develop and maintain a list of pre-qualified applicants. No pre-qualification review is required for:

State agencies;
Persons or non-profit organizations named in Florida Statutes as eligible to receive Commission grant funds;
Persons or non-profit organizations named in appropriation bills of the Florida Legislature to whom funds are directed;
Local, county, state, and federal research entities;
Public universities and independent non-profit colleges or universities located within Florida and accredited by the Southern Association of Colleges and Schools;
Persons named in revenue grants received by the Commission who will act in a sub-recipient or vendor role;
Nonprofit organizations with scientific, environmental or natural resource missions.

(4) Grant Administration and Post Award. The following administration and post award conditions for grants shall apply to each program:

(a) Monitoring. The Commission shall actively monitor grantee performance and compliance during the period of performance of the grant. Monitoring may include, but is not limited to review and evaluation of progress reports, project audits for compliance with the conditions of the agreement, State law, allowable expenditures, and site visits.

(b) Funding. Appropriations for grant programs arise from state authorized discretionary expenditures and federal aid to address Commission program needs. The amount of available funding will vary by fiscal year and is limited to annual legislative appropriations less current or ongoing program obligations for multiyear agreements and administration.

(c) Payments. The Commission shall make payments for performance under a grant in accordance with all applicable state financial guidelines for eligible project costs as defined by specific grant program guidelines and the grant agreement. The following conditions also apply:

Costs must be incurred between the effective date and the project completion date identified in the agreement, except for any pre-project costs or match funds contributed by the grantee and specifically identified in the agreement;
Sufficient documentation must be provided with each payment request to satisfy pre-audit reviews of the project costs and performance, payments are otherwise fixed in the agreement;
The Commission will not provide funding in excess of the grant amount, unless a contingency for additional costs is included in the agreement or an amendment to the agreement is executed.

(d) Closeout. Procedures for the proper completion and termination of an agreement shall include but not be limited to:

Submission by the grantee, receipt and approval by the project manager of all deliverables required by the agreement;
A post-audit of project costs to be completed by the project manager, which shall include a determination for any disallowed costs and Florida Single Audit Act compliance;
Recommendations for project cost adjustments for disallowed costs that must be reimbursed by the grantee to the program.

(e) Reimbursement to the State. Each grantee shall have no more than 60 days to submit additional pertinent documentation justifying any expenditure which has been identified by a Commission audit as not consistent with the grant program. Any payments for expenditures which are not consistent with the grant program shall be reimbursed to the Commission.

(f) The Commission and any grantees or subgrantees shall comply with the Single Audit Act, Section 215.97, F.S.

(5) Nongame Wildlife Grants Program grants shall meet all additional program requirements set forth in the Florida Nongame Wildlife Grants Program Guidelines (dated March 2007), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/NWGP-1, entitled “Florida Nongame Wildlife Grants Program Budget Form,” June 2008 and FWC/NWGP-2, entitled “Florida Nongame Wildlife Grants Program Application Form,” June 2008. The guidelines and forms are available from the Commission at 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(6) Florida Artificial Reef Program grants shall meet all requirements and guidelines set forth in Chapter 68E-9, F.A.C.

(7) Derelict, Migrant, and At-Risk/Public Nuisance Vessel Removal Grant Program grants and grant applications shall meet all requirements set forth in the Florida Fish and Wildlife Conservation Commission’s (Commission) Derelict, Migrant, and At-Risk/Public Nuisance Vessel Removal Grant Program Guidelines (11/2025), effective November 2025, which are incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19065. All applicants must submit the Derelict, Migrant, and At-Risk/Public Nuisance Vessel Removal Grant Application, form FWC/DV-APP (11/2025), effective November 2025, which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19064. The guidelines and form are also available from the Commission at 620 South Meridian Street, 1M, Tallahassee, Florida 32399-1600.

(8) Florida Boating Safety and Education Grant Program grants shall meet all additional program requirements set forth in the Boating Safety and Education Grant Program Guidelines (dated January 2015), which are hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04953. The following form is hereby adopted and incorporated by reference: FWC/FBSEG, Florida Boating Safety and Education Grant Application, 07/08. The guidelines and form are available from the Commission at 620 S. Meridian Street, 1M, Tallahassee, Florida 32399-1600 or www.myfwc.com/boating/grants/fbseg.htm.

(9) All Florida Boating Improvement Program grant applicants must meet the requirements set forth in the Florida Boating Improvement Program Guidelines (August 2025) https://flrules.org/Gateway/reference.asp?No=Ref-18982, and apply utilizing the FWC Boating Access Programs Application System (Form 2025.08) at https://flrules.org/Gateway/reference.asp?No=Ref-18981. Both the guidelines and application are available from the Commission at https://myfwc.com/boating/grants-programs/fbip/, effective August 2025, and is hereby incorporated by reference.

(10) Fish and Wildlife Research Institute Grants Program grants shall meet all additional program requirements set forth in the Fish and Wildlife Research Grants Program Guidelines (dated March 2007), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/FWRIGP-1, entitled “Florida Fish and Wildlife Research Institute Grants Program Budget Form,” June 2008 and FWC/FWRIGP-2, entitled “Florida Fish and Wildlife Research Institute Grants Program Application Form,” June 2008. The guidelines and forms are available from the Commission at the Fish and Wildlife Research Institute, 100 Eighth Avenue, S.E., Saint Petersburg, Florida 33701-5020.

(11) Florida’s State Wildlife Grants Program grants shall meet all additional program requirements set forth in Florida’s State Wildlife Grants Program Guidelines (dated December 2023), which are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16329. The following forms are hereby adopted and incorporated by reference: FWC/SWG-1, entitled “Florida State Wildlife Grants Program Budget Form for Commission Principal Investigators,” (dated February 2023), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15221; FWC/SWG-2, entitled “Florida State Wildlife Grants Program Budget Form for Non-Commission Principal Investigators,” (dated February 2023), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15222; FWC/SWG-3, entitled “Florida State Wildlife Grants Program Application Form,” (dated February 2023), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15223; FWC/SWG-4, entitled “Florida State Wildlife Grants Initial Review Form,” (dated October 2020), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12369; FWC/SWG-5, entitled “Florida State Wildlife Grants Technical Review Form,” (dated October 2020), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12372; and FWC/SWG-6, entitled “Florida State Wildlife Grants Final Review Form,” (dated October 2020), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12368. The guidelines and forms are also available from the Commission at 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(12) All Boating Infrastructure Grant Program grant applicants must meet the requirements set forth in the Boating Infrastructure Grant Program Guidelines https://flrules.org/Gateway/reference.asp?No=Ref-18984, effective August 2025, and apply using the FWC Boating Access Programs Application System (Form 2025.08) https://flrules.org/Gateway/reference.asp?No=Ref-18983, effective August 2025. Both the Guidelines and Application are available from the Commission at https://myfwc.com/boating/grants-programs/bigp/ and are hereby incorporated by reference.

(13) Nontraditional Section 6 Grants Program grants shall meet all additional program requirements set forth in Florida’s Nontraditional Section 6 Grants Program Guidelines (October 2021), FWC/NTS6-1, which are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13924. The Application requirements are included in the Guidelines. The following forms are hereby adopted and incorporated by reference: FWC/NTS6-2 “Florida’s Nontraditional Section 6 Grants Program Task Schedule and Timeline,” dated October 2021 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13925; and FWC/NTS6-3 “Florida’s Nontraditional Section 6 Grants Program Budget Sheet,” dated October 2021 and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13926. The guidelines and forms are also available from the Commission at 620 South Meridian Street, Tallahassee, Florida 32399-1600.

History

Rulemaking Authority 206.606, 327.04, 327.47, 379.106, 823.11(4) FS. Law Implemented 206.606, 327.47, 328.72, 379.106, 823.11(4) FS. History–New 4-4-04, Amended 3-15-05, Formerly 68A-2.015, Amended 5-22-07, 7-6-08, 1-18-09, 3-21-10, 6-30-10, 5-20-12, 2-9-15, 9-11-16, 9-13-16, 4-23-17, 5-24-18, 2-21-19, 4-18-19, 7-17-19, 9-11-19, 11-28-19, 4-15-20, 4-19-20, 1-6-21, 12-7-21, 1-25-23, 4-13-23, 3-7-24, 3-14-24, 12-25-24, 1-5-26, 2-3-26, 2-12-26.

Fla. Admin. Code R. 68-1.004 Standards

The Fish and Wildlife Conservation Commission adopts the following standards to guide rulemaking relating to hunting and fishing:

(1) The paramount objective of rulemaking relating to hunting and fishing shall be the management of the fish and wildlife resources of this state for their long-term well-being and for the benefit of all the people.

(2) Rulemaking shall be based upon the best information available, including biological, sociological, economic, cultural, historical and other information deemed relevant by the Commission.

(3) The biological basis for rulemaking should include but not be limited to stock assessments, biological surveys, management plans, or other science-based studies or information.

(4) With respect to harvested populations, rulemaking should permit reasonable means and quantities of harvest, consistent with optimum sustainable populations. Optimum sustainable populations shall mean the highest degree of population productivity within available habitat to sustain fish and wildlife for the long term use or enjoyment of all the people.

(5) When possible and practicable, populations will be managed as a biological unit. A biological unit shall mean a species or subspecies of fish or wildlife within their dependent habitat or ecosystem.

(6) Conservation and management decisions shall be derived through processes which are fair and accessible to all the people of the state and which are consistent with the procedures in Rule 68-1.001, F.A.C.

(7) When applicable, federal fish and wildlife management plans and management plans of other states or interstate commissions should be considered when developing state hunting and fishing rules.

(8) This rule shall apply to rules and rule amendments relating to hunting and fishing proposed after July 1, 2006. In each final public hearing for such rules and rule amendments, a statement regarding compliance with this rule shall be made part of the official rulemaking record.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-19-06.

Fla. Admin. Code R. 68-1.005 State Preemption of Power to Regulate

The power to regulate the taking or possession of marine life, as assigned to the Fish and Wildlife Conservation Commission by Article IV, Section 9 of the Florida Constitution, is expressly reserved to the Commission. This reservation does not prohibit a local government from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that local government.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05.

Fla. Admin. Code R. 68-1.006 Cooperative Advertising, Sponsorships and Partnerships

(1) Purpose; intent; references. The Commission currently engages in advertising, promotional, marketing and related activities in support of its fish, wildlife, public recreation and other programs. The purpose of the rule is to implement the provisions of Section 379.2342(5)(a), F.S., relating to Commission utilization of public and private partnerships to inform Floridians and visitors about Florida’s unique and diverse fish and wildlife, and related recreation opportunities, and make such information available by means of commonly used media. Commission sponsors and partners may also participate in other aspects of the Commission’s advertising, promotional, marketing and related activities not addressed in this rule. For purposes of this rule, the terms “partner” and “partnership” shall include the terms “sponsor” and “sponsorship” respectively.

(2) Partnership selection.

(a) The Commission may seek a partnership proposal from a specific qualified partner, or set of potential partners. The Commission may also seek proposals more broadly from all qualified potential partners through publication of a notice or other means designed to provide notice to potential partners. Persons or entities proposing a partnership may submit a proposal to the Commission at any time. Creative proposals from the private sector are encouraged. Because of the diversity of Commission programs and activities, partnerships may be established for broad dissemination of information (national, international, regional, statewide), or for localized markets, or a combination.

(b) The Commission will consider the following in any selection of partners and potential partners:

Whether the mission, image and messages of the potential partner are consistent and compatible with the mission, programs and activities of the Commission;
Whether the proposed partnership would support a specific Commission program or programs;
The nature of the business in which the potential partner engages, and its consistency and compatibility with the mission, programs and activities of the Commission;
The potential for inconsistency between the public image or messages of the potential partner, and the public image or messages of the Commission;
The potential partner’s record of compliance with wildlife-related laws and rules (statewide, nationally and internationally);
The potential partner’s record of support for wildlife programs;
The potential for conflict of interest, or the appearance of conflict of interest; and
Whether the proposed partnership is consistent with the intent of Section 379.2342(5)(a), F.S.

(3) Requirements for partnerships. The following are requirements applicable to partnerships:

(a) The Commission shall retain the right to approve all elements of a partner’s statements or representations (written or graphic) referring to the Commission name, the Commission logo, the partnership, or the affiliation.

(b) References to the Commission, Commission logo, or the partnership or the affiliation shall not be permitted in advertising of alcoholic beverages, tobacco, adult (sexually-oriented) businesses, or gambling. Such references shall not be permitted in materials that discriminate on the basis of age, sex, race or national origin, or which are deceiving, fraudulent or untruthful.

(c) All materials containing advertising (and references to the Commission, logo, the partnership or the affiliation) shall contain a statement that the inclusion of Commission logo or references in such materials does not constitute an endorsement by the state or Commission of the products or services of the partner.

(4) The Wildlife Foundation of Florida, Inc. The Commission may utilize the Wildlife Foundation of Florida (a Commission-approved citizen support organization created pursuant to Section 379.223, F.S.) to assist in administering this partnership program.

History

Rulemaking Authority 379.2342(5)(a) FS., Art. IV, Sec. 9, Fla. Const. Law Implemented 379.2342(5)(a) FS., Art. IV, Sec. 9, Fla. Const. History–New 2-1-06.

Fla. Admin. Code R. 68-1.007 Wildlife Violator Compact, Implementation

(1) Pursuant to Section 379.2255, F.S., the Fish and Wildlife Conservation Commission hereby recognizes recreational license suspensions or revocations imposed on residents of this state by another participating Wildlife Violator Compact state, for the following violations:

(a) Accumulated Wildlife Violations;

(b) Illegal Take or Possession of Big Game;

(d) Felony Wildlife Violation;

(e) Illegal Take or Possession of Fish;

(f) License Violations, Fraud, False Statement;

(g) Illegal Take or Possession of other Wildlife;

(h) Violations While on Revocation;

(i) Illegal Take or Possession of Small Game or Migratory Birds;

(j) Sale/Purchase of Wildlife;

(k) Illegal Take or Possession of Threatened or Endangered Species;

(l) Tag/Permit/License Transfer;

(m) Waste of Wildlife.

(2) Non-resident violators.

(a) Under the provisions of the Wildlife Violator Compact, a non-resident who has a suspended or revoked license or privilege from another state will not be eligible to purchase a license in this state during the term of the license or privilege suspension or revocation.

(b) A resident of Florida who has been issued a recreational license that has not yet expired, and who subsequently moves out of state, will be considered a Florida resident for purposes of this rule and treated as provided in subsection (1).

History

Rulemaking Authority 379.2256 FS., Art. IV, Sec. 9, Fla. Const. Law Implemented 379.2255 FS., Art. IV, Sec. 9, Fla. Const. History–New 1-1-07.

Fla. Admin. Code R. 68-1.008 Due Process Procedures

(1) Summary of Due Process Procedures: The due process procedures adopted by the Fish and Wildlife Conservation Commission (FWC) are designed to satisfy Article IV, Section 9, Florida Constitution, and to address the recommendations in Section 20.331(9)(a)(b) and (c), F.S. (1999). The procedures adopted by the FWC are adequate within the meaning of the constitution because the procedures fully comply with the applicable procedural and substantive due process provisions of Chapter 120, F.S., and its companion provisions, the Uniform Rules of Procedure. As to rules promulgated under the FWC’s constitutional authority, there are adequate judicial remedies to adjudicate such rules and provide due process of law. With respect to FWC proposed rules to list or delist species as endangered, threatened or of special concern, the FWC has adopted an additional procedure, not required by law, which assures that any party shall receive a special hearing, known as a “draw-out,” before an Administrative Law Judge as to the phase one part of the listing process, and that such special “draw-out” hearing shall suspend the rule. FWC rulemaking authority over endangered marine species, such as manatees and sea turtles, is derived from the legislature and adjudication of proposed rules on these species is subject to Administrative Procedures Act (APA).

(2) Background: Article IV, Section 9, Florida Constitution, as amended by Constitution Revision Commission Revision 5, as adopted in 1998, created the Fish and Wildlife Conservation Commission (FWC) to exercise the state’s regulatory and executive authority with respect to wild animal life and freshwater aquatic life and to exercise executive and regulatory authority with respect to marine life. The issue of due process is specifically addressed in Revision 5 which states that the Commission shall establish procedures to ensure adequate due process in the exercise of its regulatory and executive functions. Due process is also addressed in the “merger bill” which implements Revision 5. See, Chapter 99-245, Laws of Florida, now codified in pertinent part as Section 20.331, F.S. While this law does not mandate that any particular due process procedure must be followed by FWC, it provides several recommendations in Sections 20.331(6)(a)-(c), F.S. First, it states that FWC shall implement a system of adequate due process procedures to be accorded to any party, as defined in Section 120.52, F.S., whose substantial interests will be affected by any action of the Fish and Wildlife Conservation Commission in the performance of its constitutional duties or responsibilities. Second, the legislation encourages the commission to incorporate in its process the provisions of Section 120.54(3)(c), F.S., when adopting rules in the performance of its constitutional duties or responsibilities. Third, the provisions of Chapter 120, F.S., shall be accorded to any party whose substantial interests will be affected by any action of the commission in the performance of its statutory duties or responsibilities. For purposes of this subsection, statutory duties or responsibilities include, but are not limited to, the following:

(a) Research and management responsibilities for marine species listed as endangered, threatened, or of special concern, including, but not limited to, manatees and marine turtles;

(b) Establishment and enforcement of boating safety regulations;

(d) Enforcement and collection of fees for all recreational and commercial hunting or fishing licenses or permits;

(e) Aquatic plant removal and management using fish as a biological control agent;

(f) Enforcement of penalties for violations of commission rules, including, but not limited to, the seizure and forfeiture of vessels and other equipment used to commit those violations;

(g) Establishment of free fishing days;

(h) Regulation of off-road vehicles on state lands;

(i) Establishment and coordination of a statewide hunter safety course;

(j) Establishment of programs and activities to develop and distribute public education materials;

(k) Police powers of wildlife and marine officers;

(l) Establishment of citizen support organizations to provide assistance, funding, and promotional support for programs of the commission;

(m) Creation of the Voluntary Authorized Hunter Identification Program; and,

(n) Regulation of required clothing of persons hunting deer.

(3) The commission is directed to provide a report on the development and implementation of its adequate due process provisions to the President of the Senate, the Speaker of the House of Representatives, and the appropriate substantive committees of the House of Representative and the Senate no later than December 1, 1999.

(4) In compliance with the constitution and the “merger bill,” the FWC, at its inaugural meeting in Ft. Lauderdale, on July 7, 1999, approved and adopted due process procedures which address and satisfy the constitutional requirement and legislative recommendations. Accordingly, the FWC submitted its Due Process Procedures to the Legislature on December 1, 1999, in compliance with Section 20.231, F.S. (1999).

(5) Due Process Procedures Adopted by the Fish and Wildlife Conservation Commission.

(a) Article IV, Section 9, Constitution of Florida, as amended by Revision 5 and as approved by the electorate in November 1998, requires that “The (Florida Fish and Wildlife Conservation) Commission shall establish procedures to ensure adequate due process in the exercise of its executive and regulatory functions.” The following due process procedures of the Florida Fish and Wildlife Conservation Commission (FWC) approved and adopted by the Commission on July 7,1999, are designed to provide adequate due process, in compliance with Article IV, Section 9, Florida Constitution, as amended, and to address the special recommendations on due process of Section 20.331, F.S. (1999).

(b) Procedural Due Process: Procedural due process, in a broad sense, encompasses the procedural requirements that must be observed in the course of a legal proceeding to ensure the protection of private rights and property. Procedural due process, in an administrative setting, consists of requirements for notice, a meaningful opportunity to be heard and a fair, impartial decision-making authority.

The FWC has adopted, by Rule 68-1.001, F.A.C., The Uniform Rules of Procedure, and shall follow Chapter 28, F.A.C., as the rules of procedure for the FWC. The Uniform Rules of Procedure are a companion to the APA and shall govern the practical and procedural aspects of agency action on the following subjects:

a. Statement of agency organization;

b. Scheduling of meetings and workshops;

c. Decisions determining substantial interests;

d. Petitions for declaratory statements;

e. Summary proceedings;

f. Mediation;

g. Bid challenges;

h. Waivers and variances.

The FWC shall follow Chapter 120, F.S., the Administrative Procedures Act (APA), for all notices of FWC meetings and workshops.
The FWC shall follow the APA for all notices of FWC rule development and rulemaking.
The FWC shall follow the APA in the use of rule development workshops and shall prepare statements of estimated regulatory cost and statements of lower cost regulatory alternative in accordance with the APA.
The FWC shall comply with the Public Records Act (Chapter 119, F.S.) with respect to all records of the FWC and with the Sunshine Law with respect to meetings of the FWC.
The FWC due process procedures shall be accorded to any party as defined in Section 120.52, F.S., whose substantial interests will be affected by any action of the FWC.

(c) Substantive Due Process: Substantive due process refers to constitutional protections provided by the due process clause of the Florida and Federal Constitution. Therefore, substantive due process applies with respect to the decisions, orders and adjudications of government.

The FWC rules derived from constitutional authority are not to be subject to administrative rule challenges under Section 120.56, F.S. See, Airboat Association of Florida. Inc. v. Florida Game and Fresh Water Fish Commission, 498 So. 2d 629 (Fla. 3rd DCA 1986). Under the APA, The FWC is not defined as an agency except when it is acting pursuant to statutory authority derived from the Legislature. See, Section 120.52(1)(b), F.S. However, rules derived from constitutional authority can be challenged in a number of ways:

a. The FWC rules, and possible proposed rules, derived from constitutional authority may be challenged directly before the circuit court by declaratory action, injunctive action or, in appropriate circumstances, under the Bert J. Harris Private Property Rights Protection Act (Section 70.001, F.S.). Decisions of the circuit court can be appealed to the appropriate District Court of Appeal, and potentially to the Supreme Court of Florida.

b. The FWC rules derived from constitutional authority which carry a criminal or non-criminal sanction can, upon issuance of a citation, be challenged in county court. Decisions of the county court can be appealed to the circuit court, or, in some cases, directly to the District Court of Appeal.

c. FWC proposed rules derived from constitutional authority may also be subject to a special hearing, known as a “draw-out” hearing. See, Section 120.54(3)(c), F.S. A “draw-out” is a special hearing which may be provided upon request of a party if the agency determines that the rulemaking proceeding is inadequate to protect the person's substantial interests and that the normal public hearing on a proposed rule does not provide that person with an adequate opportunity to protect their interests. The FWC, just as any other state agency, may consider, on a case by case basis, requests for use of a “draw-out” for proposed rules promulgated in performance of its constitutional duties in accordance with the statutory criteria.

The FWC rules which are derived from statutory authority are fully subject to administrative rule challenges under Section 120.56, F.S. See Section 20.331, F.S.
All discretionary actions, orders, or decisions of the FWC which affect substantial interests are subject to adjudication under chapter 120, F.S. Accordingly, to the extent that agency action is discretionary, FWC action to grant or deny permits or licenses or to suspend or revoke such permits or licenses is subject to adjudication under Sections 120.57, 120.569 and 120.60, F.S. These discretionary decisions to grant or deny permits or licenses or to revoke or suspend such permits or licenses include, but are not limited to, the following subjects:

a. Bid disputes;

b. Commercial fishing licenses;

c. Restricted species endorsements;

d. Salt water products licenses;

e. Marine special activity licenses;

f. Captive wildlife permits;

g. Permits to take, remove or relocate wildlife, including wildlife listed as endangered, threatened or of special concern;

h. Permits to take freshwater fish, marine life, manatees, sea turtles or wildlife for educational or scientific purposes;

i. Permits to operate alligator farms and management programs;

j. Permits to operate game fish aquaculture facilities;

k. Permits to operate haul seines in Lake Okeechobee.

The FWC shall also comply with the following provisions of law that assure adequate due process relating to various actions of the Commission.

a. FWC comments to other permitting agencies: If another agency relies upon recommendations of the FWC in granting or denying a license or permit, the FWC may be required to appear as a party in any legal challenge brought on such license or permit to show that the recommendation is within the FWC jurisdiction and is valid. See, Section 120.60(7), F.S. In addition, such recommendations or comments must be based upon credible, factual scientific data, are not binding on any permitting agency, must be submitted within a strict 30-day deadline, and the FWC must bear its costs in defending its recommendation. See, Section 20.331(7), F.S. (1999).

b. Alteration of hunting or fishing seasons: Agency action which has the effect of altering the established hunting or fishing seasons, or altering the established annual harvest limits for saltwater fishing is not a rule if the procedure for altering such harvest limits is set out by rule of the FWC. Such action shall be adequately noticed in the area affected through publishing in a newspaper of general circulation or through notice by broadcasting via electronic media. Section 120.81(5), F.S.

c. Personnel and disciplinary actions: When FWC acts to suspend, reduce in pay, transfer, and layoff, demote or dismiss any permanent employee in the Career Service System; the employee shall have appeal rights to the Public Employees Relations Commission. Section 447.207(8), F.S.

(d) Additional Due Process Procedures by use of the draw-out procedure of Section 120.54(3)(c), F.S.: Section 20.331(9)(b), F.S., recommends that the FWC consider the use of the “draw out” procedure of Section 120.54(3)(c), F.S., in the performance of its constitutional duties. Accordingly, FWC shall require that upon timely request, a party shall receive a special “draw out” hearing conducted by an administrative law judge on proposed rules that list or delist fish or wildlife as endangered, threatened or of species of special concern, during the phase one process for listing or delisting such species. This draw-out will only be used specifically for phase one of the new listing process, as created by rule amendments approved by the GFC at its May 14, 1999 meeting. (See, Appendix; FWC rule sections governing the list and delisting of species). The “phase one” stage of the listing process determines if a species warrants a classification as endangered, threatened or of special concern, or, if the species is already classified, whether the species should be re-classified or removed from the list. The “phase two” stage deals with the specific conservation needs of the species, such as additional regulations or management. The draw-out process is appropriate for the “phase one” aspect of the listing process for a number of reasons: First, determining whether a species warrants classification or whether its classification should change is a decision which must be based upon credible biological data and therefore, an evidentiary hearing, such as a draw-out, may be useful. Secondly, phase one of the listing process deals with whether a species qualifies for higher level of protection or management and therefore, the decision should be factually correct and afforded special care and deliberation. Finally, listing affects a broad constituency and may significantly affect land-use decisions by other levels or agencies of government, including the federal government, and accordingly, an extra level of care and deliberation is appropriate. The effect of a draw-out is to suspend any proposed rule until the completion of the draw-out proceeding. The draw-out proceeding consists of a hearing before an administrative law judge, the preparation of a record and the transmittal to and review of the record by the FWC. The draw-out is an evidentiary hearing only; there are no recommended findings of fact or conclusions of law and the draw-out record is not binding on the FWC nor is subject to appeal. It should be noted that the use of a special draw-out in these circumstances goes beyond what is legally required of state agencies under the draw-out provision of Section 120.54(3)(c), F.S. Under the statute, the use of a draw-out is left to the discretion of the state agencies, and is decided on a case by case basis.

(e) Due Process relating to marine species that are endangered, threatened or of special concern, and turtles and manatees: Under the merger bill, research and management responsibilities for marine species listed as endangered or threatened, including marine turtles and manatees, is a statutory responsibility that has been delegated to FWC. See; Section 20.331(6)(c)1., F.S. (1999), and Section 379.2401(4)(a), F.S. (1999). Under the bill, the FWC can only promulgate rules pertaining to endangered or threatened marine species if specifically authorized by the statutes. These provisions of the merger bill were the subject of a complaint in the case Caribbean Conservation Corporation and Save the Manatee Club. Inc. et al. v. Florida Fish and Wildlife Conservation Commission, et al., Case No. 99-4188 (Circuit Court for the Second Judicial Circuit, Leon County). This complaint alleges that parts of merger bill encroach upon the Commission's constitutional authority and violate the recently amended version of Article IV, Section 9, of the Florida Constitution. Currently, the FWC is enjoined from complying with the merger bill. Therefore, until such time as a court order to the contrary is entered, FWC rules or proposed rules promulgated with respect to endangered or threatened marine species, including the West Indian manatee and sea turtles, shall be subject to APA administrative appeal procedures under Section 120.56, F.S. (1999). On January 16, 2003, the Supreme Court of Florida upheld the Legislative bill (Chapter 99-245, Laws of Florida) which implemented FWC. In this ruling, the Supreme Court concluded that endangered and threatened marine species such as the Florida manatee, whales and sea turtles were not regulated by FWC under the Florida Constitution. FWC’s authority to regulate these species was derived not from the constitution but from statute (Section 379.2431, F.S.). Therefore, the Administrative Procedures Act (Chapter 120, F.S.) applied in all respects to rulemaking for these species. See, Save the Manatee Club, et al v. FWC, 838 So.2d 492 (Fla. 2003).

History

Rulemaking Authority Article IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla.Const. 20.331(9) FS. History–New 1-8-08.

Fla. Admin. Code R. 68-1.009 Delegations of Authority to the Executive Director

The Delegations of Authority by the Fish and Wildlife Conservation Commission to the Executive Director (dated October 2020) is hereby incorporated by reference and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12526. The incorporation of this delegation into rule does not preclude or prohibit the Commission from granting additional delegations of authority to its Executive Director from time-to-time as may be necessary to assure orderly administration of the agency. Any actions to be taken, or decisions to be made, by the Commission pursuant to any rule of the agency may be exercised by the Executive Director or his or her designee unless such actions or decisions are expressly reserved by the Commission in the rule or are specifically required by law to be made by the Commission in an area not involving the Commission’s constitutional authority.

History

Rulemaking Authority Article IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 1-8-08, Amended 10-23-08, 9-9-13, 2-3-21.

Fla. Admin. Code R. 68-1.010 General Regulations Relating to Licenses, Permits and Other Authorizations

The following shall apply to all licenses, permits or other authorizations in addition to requirements specific to individual licenses.

(1) The Commission shall deny applications for any license, permit or other authorization based upon any one or more of the following grounds:

(a) Submission by the applicant of false, misleading, or inaccurate information in the application or in any supporting documentation provided by the applicant or on behalf of the applicant relating to the license, permit, or other authorization, or omission of any information which has a false, misleading or inaccurate effect.

(b) Failure of the applicant to meet eligibility requirements or criteria for issuance of the license, permit or other authorization.

(c) Authorization to conduct the activities requested in the application will endanger the health, safety or welfare of the public, wild animal life, fresh water aquatic life or marine life.

(d) Applicant has received a disposition other than acquittal or dismissal of any provision of Chapters 369, 379 or 828, F.S., or rules of the Commission, or other similar laws or rules in this or any jurisdiction that relate to the subject matter of the license, permit or authorization sought.

(e) Failure by the applicant at any time to comply with Chapters 369, 379 or 828, F.S., or the rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization sought.

(f) Submission by the applicant of materially false information in any previously submitted or pending application or supporting documentation relating to the application.

(g) Failure to comply with any final order issued by the Commission, or pay fines or license fees due to the Commission.

(2) The Commission shall revoke or deny the renewal of any license, permit or other authorization based on any one or more of the following grounds:

(a) The licensee, permittee or other holder of authorization has received a disposition other than acquittal or dismissal of any provision of Chapters 369, 379 or 828, F.S., or rules of the Commission, or other similar laws or rules in this or any jurisdiction that relate to the subject matter of the license, permit or authorization.

(b) The licensee, permittee or other holder of authorization failed at any time to comply with Chapters 369, 379 or 828, F.S., or the rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization.

(c) The licensee, permittee or other holder of authorization has submitted materially false information in any previously submitted or pending application or supporting documentation relating to the application, or documentation or reports required by the license, permit or authorization.

(d) The licensee, permittee or other holder of authorization is conducting activities under the license, permit or authorization in a manner that endangers the health, safety or welfare of the public, wild animal life, fresh water aquatic life or marine life.

(3) Based upon consideration of aggravating or mitigating factors in an individual case, except for explicit statutory maximum and minimum penalty requirements, Commission may deviate from the licensure actions in subsections (1) and (2), above. The Commission shall consider as aggravating or mitigating factors the following:

(a) The severity of the applicant, licensee, or permittee’s conduct;

(b) The danger to the public created or occasioned by the conduct;

(c) The existence of prior violations of Chapters 369, 379 or 828, F.S., rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization sought;

(d) Attempts by the applicant, licensee or permittee to correct or prevent violations, or the refusal or failure of the applicant, licensee or permittee to take reasonable measures to correct or prevent violations;

(e) Related violations by the applicant, licensee or permittee in another jurisdiction;

(f) Any other mitigating or aggravating factors that reasonably relate to public safety and welfare or the management and protection of natural resources for which the Commission is responsible.

(4) When denial of a license, permit or other authorization is required under the provisions of subsection (1) but the license, permit or other authorization was issued in error, the Commission shall, without consideration of the factors in subsection (3), revoke the license, permit or authorization.

(5) When a licensee, permittee or other holder of authorization by the Commission no longer meets the eligibility requirements or criteria for the license, permit or authorization, the Commission shall, without consideration of the factors in subsection (3), revoke the license, permit or authorization.

(6) The licensee, permittee or other holder of authorization by the Commission shall:

(a) Maintain complete and correct written and/or electronic records as required by Commission license, permit, other authorization or regulations.

(b) Submit complete and correct reports as required by Commission license, permit, other authorization or regulations.

(c) Open records and facilities of operation under the license, permit, or other authorization, to inspection by an authorized representative of the Commission.

(d) Comply with the conditions set forth under a license, permit or other authorization.

(e) Comply with Chapters 369 and 379, F.S., and rules of the Commission.

(7) The provisions of this rule shall not be construed so as to prohibit, limit, or otherwise affect any civil action or criminal prosecution, so as to limit the ability of the Commission to enter into binding stipulations with affected parties in accordance with Section 120.57(3), F.S., or so as to affect the authority of a court or the Commission to require forfeiture of any license, permit or other authorization issued pursuant to Chapter 369 or 379, F.S., as provided by law.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.408 FS. History–New 3-24-13, Amended 2-7-19.

Fla. Admin. Code R. 68-1.011 Military/Disabled Veteran License Exemption Permits

(1) Pursuant to Section 379.353(2)(q), F.S., the Executive Director or his or her designee shall issue military/disabled veteran license exemption permits (MDVE permits) exempting the following persons from the recreational licenses and permits authorized by Section 379.354, F.S., for the duration of a specified event: disabled veterans certified by the United States Department of Veterans Affairs or its predecessor or by any branch of the United States Armed Forces to have a service-connected disability percentage rating of zero or higher; active duty or reserve duty servicemembers of any branch of the United States Armed Forces, the United States Coast Guard, military reserves, the Florida National Guard, or the United States Coast Guard Reserve; the immediate family members of these disabled veterans or military personnel; and one additional person to assist each disabled veteran. For purposes of this subsection, an event is an organized, time-limited occasion for the primary purpose of the rehabilitation or enjoyment of the above-listed disabled veterans or military personnel. An individual or entity interested in hosting an event using the MDVE exemption must apply in the manner specified by the Commission a minimum of 10 business days before the start of an event. MDVE permit holders shall ensure that all exempted event participants meet all requirements of the statute.

(2) The MDVE permit only provides an exemption from recreational licenses and permits authorized by Section 379.354, F.S.; additional permits may be required. The MDVE permit does not exempt permittees or event participants from size limits, bag limits, slot limits, gear restrictions, seasons, or any other harvest restrictions.

(3) Exemptions from authorizations required for limited-entry activities are not available.

(4) The MDVE permit shall only be issued for events that do not unduly impact resources, interfere with other users, or impose significant costs to the Commission.

(5) The Commission shall impose upon any MDVE permit such reasonable conditions as are necessary to assure that the use or activity authorized will limit liability to the agency and protect fish, wildlife, natural, and cultural resources.

(6) Violations of this rule or of the terms of the MDVE permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS. Law Implemented Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS. History–New 1-7-14.

Fla. Admin. Code R. 68-1.012 Verification of Residency for the Purpose of Recreational Licenses and Permits

For the purpose of providing proof of residency to obtain a resident recreational license, permit, or authorization, customers must submit one form of documentation as indicated below.

(1) When using the Commission’s online licensing system or when ordering by telephone:

(a) A valid Florida driver license; or

(b) An identification card that has both a Florida address and a Florida residency verified by the Department of Highway Safety and Motor Vehicles.

(2) When presenting in-person to a Commission licensing subagent or Tax Collector’s office:

(a) The proof of residency provided for in subsection (1), or in the absence thereof:

A current Florida voter information card;
A sworn statement manifesting and evidencing domicile in Florida in accordance with Section 222.17, F.S.;
Proof of a current Florida homestead exemption; or
For a child younger than 18 years of age, a student identification card from a Florida school or, if accompanied by his or her parent at the time of purchase, the parent’s proof of residency.
For a member of the United States Armed Forces stationed in Florida and family members who reside with such member, Armed Forces orders stationing the member in Florida.
For a resident alien, both documentation from the Bureau of Citizenship and Immigration Services evidencing permanent residency status in the United States; and one additional valid proof of residency listed in subsection (1) or (2) of this rule, which must have been issued at least one year prior to application for the resident recreational license, permit, or authorization.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-20-20.

Chapter 68-5 RULES RELATING TO NON-NATIVE SPECIES

Fla. Admin. Code R. 68-5.001 Purpose and Intent

(1) The purpose of this chapter is to establish definitions, provide requirements for import permits, provide Conditional and Prohibited species lists, establish requirements for possession of Conditional and Prohibited species, establish criteria for amnesty for persons relinquishing nonnative fish and wildlife, and regulations related to lionfish.

(2) Unless otherwise specifically provided in Divisions 68A through 68E, F.A.C., all species of freshwater aquatic life and wild animal life not native to Florida may be taken throughout the year, without restrictions.

(3) No person shall allow or permit any freshwater fish, aquatic invertebrate, marine plant, marine animal, or wild animal life not native to the state, to remain in any facility that is no longer maintained or operated for the production or maintenance of such non-native species. The presence of any such non-native species in any facility shall constitute possession by the owner or operator of the facility.

(4) No species listed in this chapter shall be confined in any cage or other enclosure which does not meet the requirements in Rules 68-5.005 and 68-5.007, F.A.C., except as authorized in accordance with the following:

(a) Requests for deviations from the standard caging or enclosure requirements or use of alternative caging materials may be granted to allow for different size configuration (length, width, and/or height) if the required square footage is adequate, as required in this section, and if the locomotory needs of the animal(s) are not compromised.

(b) Requests for deviations from the standard caging or enclosure requirements or for the use of alternative caging materials may be submitted to the Commission. Proposed deviations shall be granted if the proposed materials are of equivalent or greater strength to the required caging materials and all deviations are sufficient to prevent escape of the species.

(c) Any proposed deviations from the standard caging or enclosure requirements or use of alternative caging materials must be approved in writing as a permit modification by the Commission prior to the use of the cage or enclosure for housing animals.

(d) Requests for deviations must be submitted in writing to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at nonnativepermitapps@MyFWC.com. The request shall include:

The name, affiliation, mailing address, and physical address of where the deviation will occur, if different than the mailing address.
The specific deviation requested.
A statement of purpose or need for the deviation.
Documentation showing the strength of the requested materials and that construction specifications to be used as part of the deviation meet or exceed the strength and biosecurity requirements in rule.
A list of all current Commission permits and licenses affiliated with the facility.

(5) Species legally in the process of transshipment do not fall under the requirements of these rules.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 8-23-10, 12-27-18, 6-27-22, 8-20-25.

Fla. Admin. Code R. 68-5.002 Definitions

(1) Closed tank system – enclosed recirculating systems having no water discharge, or systems having water discharge through a closed drain system, or other system designed to prevent discharge of water containing adults, juveniles, eggs, or disease vectors from the permittee’s property.

(2) Commercial import or export business – a business whose activity includes the commercial purchase, sale, or trade through importing and/or exporting nonnative fish and wildlife.

(3) Educational exhibit – an organized presentation or display of a nonnative fish or wildlife species along with a selection of educational materials to include interpretive signs, presentations, brochures, handouts, or other materials which impart knowledge about the displayed species. Such materials shall include information about the species’ range, habitat, biology, and threats the species poses to Florida’s ecology, economy, or human health and safety.

(4) Eradication and Control – a targeted, systematic effort to remove an entire population of a nonnative species or to contain or otherwise manage the population of an invasive species so as to minimize its spread and impacts.

(5) Escape-proof – all potential escape routes, to include but not limited to drains, gates, windows, vents, gaps, cracks and doors, are secured in a manner to prevent escape.

(6) Export – to depart from, to send from, to ship from, or to carry out of, or attempt to depart from, send from, ship from, or carry out of, or to consign to a carrier any nonnative fish or wildlife species in any place in Florida with an intended destination of any place outside of Florida.

(7) Import – to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce any nonnative fish or wildlife species into any place subject to the jurisdiction of the State of Florida.

(8) Locked – fastened or secured by a device operated by a key, combination lock, key card, or other locking device.

(9) Personal possession – possession of fish or wildlife maintained in captivity for personal use or enjoyment.

(10) Public aquaria – permanent, fixed aquaria in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(11) Public exhibitor – a permanent, fixed facility in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, either through scheduled tours or general admission, with or without a fee.

(12) Public zoological park – a permanent, fixed zoological park in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(13) Research – means any activity that uses nonnative organisms to conduct one or more of the following:

(a) Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data using an experimental design, controls, and data analysis to test a stated hypothesis.

(b) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.

(c) Restoration or management activity that facilitates the control or removal of nonnative fish or wildlife species and includes subsequent monitoring to measure the success of the effort.

(14) Transshipment – refers to a shipment of wildlife that stops temporarily at an intermediate destination prior to arriving at its final destination. The temporary holding facility during transshipment must be a bonded facility, port or airport that is a secure storage location under customs supervision, where businesses can store imported or exported shipments without having to clear customs.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10, 8-23-10, 3-14-17, 12-27-18, 5-2-19, 4-29-21, 8-20-25, 1-7-26.

Fla. Admin. Code R. 68-5.003 Introduction of Non-Native Species into the State

(1) No person shall transport into the state, introduce, or possess, for any purpose that might reasonably be expected to result in liberation into the state, any freshwater fish, aquatic invertebrate, marine plant, marine animal, or wild animal life not native to the state, without having secured a permit from the Commission, except:

(a) Fathead minnow (Pimephales promelas).

(b) Variable platy (Xiphophorus variatus).

(d) Ring-necked pheasant (Phasianus colchicus).

(2) No leopard tortoise (Geochelone pardalis), African spurred tortoise (Geochelone sulcata), or Bell’s hingeback tortoise (Kinixys belliana) shall be imported or transported into this state, without a Conditional/Prohibited/Nonnative Species permit subject to the following:

(a) Tortoises shall be inspected by a veterinarian and certified as being free of external parasites prior to being imported. Certified veterinary health certificates and written notice of the shipment shall be submitted to the Commission no less than 10 days before arrival of any tortoise.

(b) Containers used to transport tortoises shall be disinfected prior to importation, and shall be incinerated within 24 hours of arrival or exported out of Florida within 72 hours.

(c) Such other conditions as may be necessary to ensure that no tortoise infested with ticks capable of transmitting the Heartwater disease is imported into Florida.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10, 8-26-10, 12-27-18.

Fla. Admin. Code R. 68-5.004 Conditional Non-Native Species

Live specimens of the following species, including their taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed only pursuant to permit issued by the Executive Director except as provided in Rule 68-5.005, F.A.C.

(1) Non-native freshwater fish and aquatic invertebrate species.

(a) Bighead carp (Aristichthys nobilis).

(b) Bony-tongue fishes (Family Arapaimidae).

Arapaima (Arapaima gigas).
Heterotis (Heterotis niloticus).

(d) Freshwater stingrays (Family Potamotrygonidae, all species).

(e) Grass carp (Ctenopharyngodon idella), with restrictions as provided in Rule 68A-23.088, F.A.C.

(f) Silver carp (Hypophthalmichthys molitrix).

(g) Snail or black carp (Mylopharyngodon piceus).

(h) Nile perches (Genus Lates, all species). For owners of aquaculture facilities that are operating under permit or a certificate of registration, but which are not cultivating Nile perches as of April 11, 2007, and for owners of aquaculture facilities which are issued original permits or certificates of registration after April 11, 2007, Nile perches:

Shall be held only in indoor facilities.
Shall not be taken on a fee or for-hire basis using hook and line or rod and reel.

(i) Blue tilapia (Oreochromis aureus), except that Oreochromis aureus may be possessed, cultured, and transported without permit in all counties of the Northeast, North Central, South and Southwest Regions.

(j) Wami tilapia (Oreochromis urolepis).

(k) Mozambique tilapia (Oreochromis mossambicus).

(l) Nile tilapia (Oreochromis niloticus), except that Oreochromis niloticus may be possessed, cultured, and transported without permit in all counties of the Northeast, North Central, South and Southwest Regions.

(m) Walking catfish (Clarias batrachus).

(n) Blue catfish (Ictalurus furcatus), except that blue catfish may be possessed in the Suwannee River and its tributaries and north and west of the Suwannee River.

(o) Australian red claw crayfish (Cherax quadricarinatus) only in closed tank culture systems.

(p) Red swamp crayfish (Procambarus clarkii) and white river crayfish (Procambarus zonangulas).

Pond aquaculture of either species is prohibited.
Red swamp crayfish and white river crayfish may be possessed west of the Apalachicola River and its tributaries or imported for direct sale to food wholesalers and food retailers for resale to consumers without permit.

(q) Arowanas (Family Osteoglossidae, all species except silver arowana, Osteoglossum bicirrhosum).

(r) Northern largemouth bass (Micropterus salmoides salmoides), except that intergrade largemouth bass (northern largemouth bass x Florida largemouth bass Micropterus salmoides floridanus) may be possessed in the Suwannee River and its tributaries and north and west of the Suwannee River.

(2) Non-native mammals – Nutria (Myocaster coypus).

(3) Non-native turtles. Red-eared slider (Trachemys scripta elegans): red-eared sliders may be possessed only by permitted individuals or commercial import or export businesses according to the provisions of subsection 68-5.005(4), F.A.C., except as provided below:

(a) Red-eared sliders in personal possession prior to July 1, 2007 may continue in the possession of the owner without a permit, except that red-eared sliders less than four inches carapace length may not be possessed after July 1, 2008 without a permit.

(b) Red-eared sliders with distinctive aberrant color patterns, including albino or amelanistic specimens, may be possessed without a permit otherwise required by this rule.

(4) Non-native snakes and lizards: None listed at this time.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 10-23-08, Amended 8-23-10, 12-27-18, 4-29-21.

Fla. Admin. Code R. 68-5.005 Possession of Conditional Non-Native Species

No person shall import into the state, sell, possess, or transport any live specimens of the species, or hybrids or eggs thereof, listed in Rule 68-5.004, F.A.C., except by Conditional/Prohibited/Nonnative species permit and as provided in subsections (1) through (6) below:

(1) Permits shall be issued only to individuals or institutions engaged in research, or to commercial import or export businesses, public aquaria, public zoological parks, or public exhibitors providing educational exhibits. Permits shall not be issued for display of these species in private aquaria, private zoological parks, or for personal possession, except as provided in Rule 68-5.004, F.A.C.

(2) Any person engaged in aquaculture who possesses a valid certificate of registration from the Department of Agriculture and Consumer Services issued pursuant to Chapter 597, F.S., and who is authorized to possess such species in accordance with Chapter 597, F.S., is not required to obtain the permit.

(3) Conditional freshwater fish and aquatic invertebrate species:

(a) Species held outdoors may only be held in a water body that has the lowest point of the top edge of its levee, dike, bank, or tank at an elevation of at least one foot above the 100-year flood elevation determined by reference to elevation maps issued by the National Flood Insurance Program, U.S. Department of Homeland Security. Such water body shall have no water discharge or shall be constructed with a barrier system designed to prevent escape of adults, juveniles, and eggs in the water effluent discharged from the permittee’s property. Public visitation at facilities in possession of conditional non-native species shall occur only under supervision of the permittee or his/her designee.

(b) Conditional freshwater fish and aquatic invertebrate species held indoors may only be held in culture systems having no water discharge, having a water discharge through a closed drain system, or other system designed to prevent discharge of water containing adults, juveniles and eggs from the permittee’s property.

(c) Conditional non-native aquatic species shall not be taken on a fee- or for-hire basis using hook and line or rod and reel.

(4) Conditional turtle species:

(a) Outdoor facilities must have a permanent containment barrier secured at least six inches below ground level to prevent escape by digging, erosion, climbing or by passing through gaps. Such barriers may be constructed of solid metal or weather-resistant and rot-resistant material, and may not use mesh material.

(b) All eggs must be removed and destroyed daily from outdoor facilities.

(5) Snakes and lizards:

(a) Conditional snake and lizard species may only be held in safe, secure and proper housing in cases, cages, pits or enclosures of the following specifications:

Cage may be constructed of a variety of materials including: plate glass of at least one-quarter inch thickness, break-resistant plastic of similar strength, concrete reinforced with wire, sheet metal, molded fiberglass, plywood or interlocking lumber that has been treated to be impervious to moisture and is not less than one-half inch in thickness, or other materials which provide equivalent stability and security against escape and unauthorized intrusion. Cages and doors to cages shall be sealed. The doors of each cage shall be securely locked by a device operated by a key, combination lock, key card or other locking device approved by the Commission to prevent unauthorized intrusion.
A room or out-building may contain conditional snake and lizard species in cages that are not locked provided that such a room or out building is locked by a device operated by a key, combination lock, key card or other locking device approved by the Commission to prevent unauthorized intrusion, is inaccessible to unauthorized personnel, is constructed and maintained as to be escape-proof, and has been inspected and approved as conforming to these rules by Commission personnel prior to use. Any out building so used must be of strong construction with concrete or other suitable flooring and securely anchored to the ground. Such building shall be clearly posted at point of entry with a sign stating “Danger – Dangerous Reptiles.”
Facilities with one or more permittee at the same facility location may not commingle their respective live conditional species inventories. All cages or enclosures must be clearly identified or visibly marked with the name of the permittee or other identifier to facilitate inventory inspections.
All individuals associated with a facility authorized to possess conditional snake and lizard species shall demonstrate knowledge of facility requirements, and secure handling protocols for conditional snakes and lizards as established by the permittee.

(b) Identification: Conditional snakes and lizards shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

For snakes implantation shall be in specimens with a one (1) inch or greater diameter. The PIT tag shall be implanted in the rear one-third (1/3) of the snake, forward of the anal plate.
For lizards implantation shall be in the body cavity in close proximity to and forward of a rear leg, or in a rear leg.
The requirement pertaining to the location of the PIT tag implantation shall not apply to specimens implanted prior to acquisition of the animal or prior to the effective date of this rule.
Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, specimen name or number, gender, and age) must be provided to the Commission within 72 hours of acquisition and maintained in the possessor’s records for as long as the specimen is possessed.
Exemption: Conditional snakes and lizards being held for export by any person who possesses such animals in accordance with Sections 379.304 and 379.372, F.S., are exempt from the permanent identification requirement of this section for a period not to exceed 180 days provided such animals or their enclosures are permanently marked so as to be traceable to written records indicating the date such conditional snakes and lizards were acquired.

(c) Inspection: Conditional snake and lizard species held in captivity are subject to inspection by Commission personnel. Commission personnel shall determine whether the snakes or lizards are securely, properly and safely housed. In the event that any conditional snakes or lizards are not safely housed, Commission personnel shall report the situation in writing to the person authorized to possess or exhibit such reptiles. Failure of the possessor or exhibitor to correct the situation within 30 days after such written notice shall be grounds for revocation of the permit.

(d) Transporting: Conditional snake and lizard species shall be transported only after placement in a closely woven, double-seam sewn, cloth sack. This cloth sack shall be placed in a second cloth sack of similar construction, which shall be placed in a secure container. Said containers shall be prominently labeled “Dangerous Reptiles.”

(e) Disaster and Critical Incidents Plans.

A plan to secure conditional snakes or lizards in the event of disasters or critical incidents shall be documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06-10), which is adopted and incorporated herein by reference. Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/License/Index.htm. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application to possess conditional snake and lizard species; and Part B shall be retained on file at the facility and be made available for inspection upon request of Commission personnel.
No later than 24 hours prior to the National Weather Center’s projected onset of hurricane-force winds of Category 3 or greater, all conditional snakes and lizards shall be placed in a closely woven, double-seam sewn, cloth sack. This cloth sack shall be placed in a second cloth sack of similar construction, which shall be placed in a secure container. Any conditional snakes and lizards in an outdoor enclosure shall be moved to a secure indoor facility of strong construction with concrete or other suitable flooring and securely anchored to the ground. Persons authorized to possess conditional snakes and lizards shall report their critical incident preparation status to their county emergency management agency prior to the onset of critical conditions.

(f) Record Keeping: Persons authorized to possess conditional snake and lizard species shall maintain an accurate record of all changes in inventory including births, deaths, acquisitions, sales and transfers of all conditional snakes or lizards. Such records shall be kept on the permitted premises on a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06-10), which is adopted and incorporated herein by reference. Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/License/Index.htm. Such records shall be open to inspection upon request by Commission personnel.

Records of births or deaths shall include the date of the birth or death; and the quantity and species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch.
Records of acquisition shall include the date of acquisition; quantity and species of reptiles acquired; method of identification and unique passive integrated transponder (PIT tag) number, if applicable, for each specimen; name and complete address of supplier, except for animals acquired under the provisions of paragraph 68-5.008(3)(c), F.A.C.; and conditional species permit number of supplier where applicable.
Transfer: Conditional snake and lizard species may be transferred to persons authorized to possess conditional snakes and lizards. Such transfers must be accompanied by Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06-10), which is adopted and incorporated herein by reference. Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/License/Index.htm. This form shall be signed by the originator upon shipment and by the recipient upon receipt and shall list the common name, scientific name, and quantity of each species in transport; name and address of the originator and recipient; conditional species permit number of the recipient; if the shipment originates within Florida, the conditional species permit number of the originator.

(g) Reporting:

Persons exhibiting or selling live conditional snakes and lizards in accordance with Section 379.304, F.S., shall complete a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06-10), and submit same to Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of permit and six months thereafter.
Any person authorized to possess conditional snakes and lizards must report any escapes to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement immediately upon discovery of escape.

(6) Research involving conditional species:

(a) A detailed research proposal shall accompany the application for the permit. The proposal shall state with particularity research objectives, methodology and study duration, and outline planned safeguards to assure proper containment of the species. An annual record of progress toward the research project objectives shall be maintained, and such research proposal and record of progress shall be available for inspection upon request of Commission personnel.

(b) All research involving conditional species shall be conducted according to the provisions of subsections (1)-(5), above.

(c) The permit shall expire 12 months from the date of issuance and shall not be renewed until a detailed report of research findings is received and approved by the Commission. The report shall include a description of activities undertaken in the permit period, progress toward research project objectives, and proposed additional activities to be undertaken during any renewal period. Such reports are public records subject to the requirements for public disclosure under Chapter 119, F.S.

(d) Any escape or release of conditional species shall be reported immediately to the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 8-1-14, Amended 11-26-14, 12-27-18, 4-29-21.

Fla. Admin. Code R. 68-5.006 Prohibited Non-Native Species

(1) Non-native freshwater aquatic species:

(a) African electric catfishes (Family Malapteruridae, all species).

(b) African tigerfishes (Genus Hydrocynus, all species).

(d) Candiru catfishes (Family Trichomycteridae, all species).

(e) Freshwater electric eels (Electrophorus electricus).

(f) Lampreys (Family Petromyzontidae, all species).

(g) All species of piranha and pirambeba (subfamily Serrasalminae).

(h) Snakeheads (Family Channidae, all species).

(i) Tilapias (Genera Tilapia, Sarotherodon, Alcolapia and Oreochromis, all species except Oreochromis aureus, Oreochromis urolepis, Oreochromis mossambicus, and Oreochromis niloticus).

(j) Trahiras or Tigerfishes (Family Erythrinidae, all species).

(k) Airsac catfishes (Family Heteropneustidae, all species).

(l) Green sunfish (Lepomis cyanellus).

(m) Australian crayfish (Genus Cherax, all species except Cherax quadricarinatus cultured in a closed tank system).

(n) Zebra mussel (Dreissena polymorpha).

(o) Quagga mussel (Dreissena bugensis).

(2) Non-native mammals:

(a) African giant pouched rats (Genus Cricetomys, all species).

(b) Brushtail possum (Trichosurus vulpecula).

(d) Flying foxes (Genus Pteropus, all species).

(e) Mongoose, meerkats (Genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata, all species).

(f) Raccoon dog (Nyctereutes procyonoides).

(3) Non-native marine species:

(a) Mitten crab (Genus Eriocheir, all species).

(b) Sea snakes (Family Hydrophiidae, all species), except that sea snakes may be possessed as described in paragraph 68-5.007(1)(f), F.A.C.

(d) Stone fishes (Genus Synanceia, all species).

(e) Genus Synanceia, all species.

(f) Pitted stonefish (Erosa erosa).

(g) Red rock cod (Scorpaena papillosa).

(h) Stonefish (Leptosynanceia asteroblepa).

(i) Stargazing stonefish (Trachicephalus uranoscopus).

(4) Non-native reptiles:

(a) Yellow anaconda (Eunectes notaeus).

(b) Beni anaconda (Eunectes beniensis).

(d) Brown tree snake (Boiga irregularis).

(e) Indian or Burmese python (Python molurus).

(f) Reticulated python (Python reticulatus).

(g) Northern African python (Python sebae).

(h) Southern African python (Python natalensis).

(i) Amethystine python (Morelia amethistinus).

(j) Scrub python (Morelia kinghorni).

(k) Green anaconda (Eunectes murinus).

(l) Nile monitor (Varanus niloticus).

(m) Green iguana (Iguana iguana)

(n) Tegus (genera Salvator and Tupinambis, all species)

(5) Non-native birds:

(a) Dioch (Quelea quelea).

(b) Java sparrow (Lonchura oryzivora).

(d) Red-whiskered bul-bul (Pycnonotus jocosus).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 12-27-18, Amended 5-2-19, 4-29-21.

Fla. Admin. Code R. 68-5.007 Possession of Prohibited Non-Native Species

No person shall import into the state, sell, possess, or transport any live specimens of the species, or hybrids or eggs thereof, listed in Rule 68-5.006, F.A.C., except by Conditional/Prohibited/Nonnative Species permit and as provided below:

(1) Exhibition of Prohibited Species:

(a) Eligibility:

A permit for educational exhibition of Prohibited species shall only be issued to public aquaria, zoological parks, or public exhibitors.
If a person, firm, or corporation held a valid captive wildlife class III exhibition or sale license on June 30, 2020, and documented an inventory of green iguanas or tegus on his or her or its 2018 or 2019 license application or indicated planned possession of green iguanas or tegus on his or her or its 2018 or 2019 license application, the Commission, upon receipt of a completed permit application, shall authorize that person, firm, or corporation to continue to exhibit green iguanas or tegu lizards for as long as the person, firm, or corporation maintains an active permit.

a. Such status is void upon any permit transfer or lapse.

b. The person, firm, or corporation may not import green iguanas or tegus into this state.

c. Public exhibitors without a facility that is open to the public during normal business hours must show proof of a minimum of 12 educational engagements equating to a minimum of 48 hours of public exhibit contact time annually. This proof shall be available for inspection at all times and must include venue, venue address, date of exhibit, exhibit times, number of public participants and advertisement or invitation information.

Permits shall not be issued to entities operating at residential properties, except that:

a. The Commission may authorize applicants or permittees that qualify for a permit under subparagraph 68-5.007(1)(a)2., F.A.C., to operate at a residential property.

b. If a person, firm or corporation held a valid captive wildlife license to exhibit Burmese pythons, reticulated pythons, Northern African pythons, Southern African pythons, scrub pythons, amethystine pythons, green anacondas, or Nile monitors prior to these species becoming listed as Prohibited and documented the species in their inventory on their 2019 or 2020 captive wildlife license application, the Commission may authorize that person, firm or corporation to continue to operate at a residential property. Public exhibitors must show proof of a minimum of 12 educational engagements equating to a minimum of 48 hours of public exhibit contact time annually. This proof shall be available for inspection at all times and must include venue, venue address, date of exhibit, exhibit times, number of public participants and advertisement or invitation information.

c. Only individual animals possessed by the applicant or permittee prior to the species’ listing as Prohibited may continue to be possessed under this exception. No additional specimens of those species may be acquired under this exception.

d. Prohibited species used for permitted exhibition at a residential property may be retired from exhibition permit requirements and transferred to a Prohibited species personal use permit one time. The Prohibited species exhibition permittee shall request this transfer in writing by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600 or by emailing the request to NonnativeSpeciesApps@myFWC.com. Upon receipt of the personal use permit, the permittee may not use these Prohibited animal(s) for exhibition purposes.

(b) Applicants for permits to possess Prohibited species for educational exhibition in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 04 (12/20) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12808 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(c) Possession of sea snakes (Family Hydrophiidae, all species) is limited to public aquaria, public zoological parks, or public exhibitors providing educational exhibits, for public exhibition purposes only, under the following conditions:

Only male sea snakes may be possessed.
A public aquarium, zoological park, or public exhibitor possessing sea snakes shall not be located in a coastal county and shall have no contiguous connection with any waters of the state.
Each public aquarium, public zoological park, or public exhibitor possessing sea snakes shall provide quarterly reports to the Commission regarding the number of each species of sea snakes on the premises and any changes in inventory resulting from death or additions by importation.
Each public aquarium, zoological park, or public exhibitor possessing sea snakes shall post with the Commission a $1 million letter of credit. The letter of credit shall be in favor of the State of Florida, Fish and Wildlife Conservation Commission, for use by the Commission to remove any sea snake accidentally or intentionally introduced into waters of the state. The letter of credit shall be written in the form determined by the Commission. The letter of credit shall provide that the zoological park or aquarium is responsible for the sea snakes within that facility and shall be in effect at all times that the zoological park or aquarium or public exhibitor possesses sea snakes.
No person or public aquarium, public zoological park, or public exhibitor shall barter, sell, or trade sea snakes within this state.
A public aquarium, public zoological park, or public exhibitor that imports sea snakes pursuant to this subsection may transport sea snakes into this state only by airplane that may land only at an airport located in a non-coastal county within this state.
A public aquarium, public zoological park, or public exhibitor possessing sea snakes pursuant to this subsection shall abide by all regulatory requirements of the Fish and Wildlife Conservation Commission with respect to venomous reptiles.

(d) The permit will expire 12 months from the date of issuance.

(2) Research: Individuals or institutions engaged in research shall be granted a permit, provided the following requirements are met:

(a) Eligibility: The Commission may issue permits authorizing possession of Prohibited species for scientific or conservation purposes which will benefit the eradication and control potential of the species. For the purposes of this rule, a scientific or conservation purpose shall mean activities that further the understanding of the biology of the species, impacts the species may have on Florida’s ecology, economy, or human health and safety, and collection of scientific data needed for control and management of the species. The following factors shall be considered in determining whether there is a scientific or conservation purpose:

Whether the purpose for which the permit is required justifies the risk of maintaining the species;
Whether the permit would conflict with any program intended to enhance survival of native species;
Whether the purpose of the permit would likely reduce the presence of nonnative species in the wild;
Whether the probable direct or indirect effects on native wildlife, habitat, and the economy posed by issuing the permit are justified by the benefits of the research;
The opinions or views of scientists or other persons or organizations having expertise concerning the species sought to be possessed or planned research methodology; and
Whether the expertise, facilities, or other resources available to the applicant are adequate to successfully accomplish the objective stated in the application.

(b) Applicants for permits to possess Prohibited species for research use in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 03 (12/20) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12806 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(c) Research proposal: A detailed research proposal shall be submitted with the permit application and shall state with particularity research objectives, methodology and study duration, and shall outline planned safeguards to ensure proper containment of all specimens. An annual record of progress toward the research project objectives shall be maintained, and such research proposal and record of progress shall be available for inspection upon request of Commission personnel.

(d) General security measures and containment:

Applicants shall submit to the Commission a list of personnel that have access to the Prohibited species and arrangements for final disposition or euthanization of specimens.
All research on Prohibited aquatic species shall be conducted in indoor facilities in containers or other confinement facilities designed to prevent escape and having no exterior water discharge or having a water discharge through a closed drain system that terminates in a dry-bed wastewater retention area with no public access.
All research on captive Prohibited terrestrial wildlife species shall be conducted in indoor facilities in cages or other confinement facilities that prevent escape, unless otherwise authorized by the Commission.

(e) The permit shall expire 12 months from the date of issuance and shall not be renewed until a detailed report of research findings is received and approved by the Commission. The report will include a description of activities undertaken in the permit period, progress toward research project objectives, and proposed additional activities to be undertaken during any renewal period. Such reports are public records subject to the requirements for public disclosure under Chapter 119, F.S.

(3) Eradication and Control:

(a) Applicants for permits to possess Prohibited species for eradication and control purposes in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 07 (05/25) available at http://flrules.org/Gateway/reference.asp?No=Ref-18267 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(b) Permits for eradication and control projects involving the release of Prohibited species for telemetry projects.

Eligibility: Permits shall only be issued to a principal investigator who is a faculty member of a college or university, is affiliated with an Association of Zoos and Aquariums or Zoological Association of America accredited institution, or is a member of a federal, state, county, or tribal agency.
Written proposal: A detailed proposal shall be submitted with the permit application and shall state with particularity the management objectives, methodology and duration, and shall outline planned safeguards to ensure proper containment and recovery of all specimens. An annual record of progress toward the project objectives shall be maintained, and such written proposal and record of progress shall be available for inspection upon request of Commission personnel.

(c) A permit for Eradication and Control of Nonnative Species authorizes the permittee to capture, transport, and possess for up to 24 hours Prohibited species taken from the wild before the removed animals shall be humanely killed, except for green iguanas and tegus as specified below:

Green iguanas may be removed from the wild and transferred to a permittee with authorization to sell green iguanas. Such transfer shall occur in accordance with paragraphs (d), (e) and (f), below.
Green iguanas and tegus may be removed from the wild by persons in possession of a valid Commercial Sales Use of Green Iguanas and Tegus permit pursuant to subsection (4) below or an Eradication and Control of Nonnative Species permit.

(d) A person, firm, or corporation may apply for an endorsement on an Eradication and Control of Nonnative Species permit application to transfer wild-caught green iguanas harvested in Florida to an entity permitted to sell green iguanas by submitting a completed Conditional/Prohibited/Nonnative Species Permit application. Endorsement holders transferring wild-caught green iguanas harvested in Florida may collect payment for these services from a permit holder authorized to sell green iguanas. Any person, firm, or corporation applying for an endorsement shall meet the biosecurity and caging requirements in accordance with subsection 68-5.007(7), F.A.C., prior to receiving this endorsement from the Commission.

Eradication and Control of Nonnative Species permit holders with the transfer endorsement for green iguanas shall submit a report to the Commission detailing the number of green iguanas removed, location of removal (county of capture location), date of removal, and final disposition of each animal. Reports shall be submitted upon annual renewal of permit and every six months thereafter. Records shall be held at the permitted facility for at least three years and made available to the Commission upon request.
Green iguanas harvested from the wild in Florida do not need to be PIT tagged prior to transport, transfer, or sale to a Commercial Sales Use of Green Iguanas and Tegus permittee with authorization to sell green iguanas, unless they are over 5” snout-vent-length and possessed for more than 30 days.

(e) All Prohibited species eggs encountered during permitted eradication and control activities shall be destroyed in place and shall not be removed intact from the nest location.

(f) The permit will expire 12 months from the date of issuance.

(4) Commercial Sales Use of Green Iguanas (Iguana iguana) and Tegus (genera Salvator and Tupinambis, all species):

(a) If a person, firm, or corporation held a valid captive wildlife class III exhibition or sale license on June 30, 2020, and documented an inventory of tegu lizards on his or her or its 2018 or 2019 license application or indicated planned possession of tegus on his or her or its 2018 or 2019 license application, the Commission, upon receipt of a completed permit application, shall authorize that person, firm, or corporation to continue to sell tegu lizards for as long as the person, firm, or corporation maintains an active permit. There is no time limit to apply for this permit. Such status is void upon any permit transfer or lapse, unless transfer occurs in accordance with (c), below.

(b) Any person, firm, or corporation may apply for a Commercial Sales Use of Green Iguanas permit for authorization to sell green iguanas harvested from the wild in Florida. Any person, firm, or corporation applying for this permit shall meet the biosecurity and caging requirements in accordance with subsection (7), below, prior to receiving this authorization to sell green iguanas. Sales may only be made to another Commercial Sales Use permit holder, or sold to a Public Exhibition of Conditional and/or Prohibited Species permit holder with authorization to acquire additional Prohibited animals, or exported to an appropriately permitted facility.

(c) A Commercial Sales Use permit for green iguanas or tegu lizards is not transferable except when incident to a bona fide sale or other ownership transfer of the facility, provided the application of the purchaser is approved by the Commission in accordance with rules and regulations of the Commission. The new entity shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 05 (05/25) available at http://flrules.org/Gateway/reference.asp?No=Ref-18268 which is adopted and incorporated herein by reference within 90 days of the transfer of the business. No one shall transfer a permit or interest in a permit to any other entity of which the current permittee is an owner, officer, director, principal, employee, or agent or in which the current permittee holds any interest, when the Commission has notified the permittee in writing that revocation or non-renewal proceedings have been or will be brought against the permit, or when a permittee, executive officer, director, or person holding an interest in the permit or business has been arrested, charged, indicted, or convicted, or has appealed the conviction, of a crime which is disqualifying under Commission rules or regulations.

(d) Permittees may not import green iguanas or tegus into this state.

(e) No breeding of green iguanas or tegus will be authorized. Males and females shall be caged separately. Proof of sex for each individual shall be made available upon request by Commission personnel. Any eggs produced shall be destroyed immediately.

(f) Applicants for Commercial Sales Use permits shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 05 (05/25) available at http://flrules.org/Gateway/reference.asp?No=Ref-18268 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(g) Commercial Sales Use permittees shall submit an annual report at the conclusion of each license period detailing the following:

The seller name, seller license number, source of each animal, recipient name, recipient location, species common name, species scientific name, date of sale or transfer, and quantity sold for each sale or transfer. If the Commercial Sales Use permittee collected green iguanas from the wild in Florida to sell, they shall also report county of collection, date of collection, number of green iguanas collected per calendar day, and final disposition of the green iguanas.
Reports shall be submitted by email to NonnativePermitApps@MyFWC.com or by mail to the Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, Wildlife Impact Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, within 90 days of permit expiration or upon application for permit renewal, whichever is precedent.

(h) The permit will expire 12 months from the date of issuance.

(5) Possession of Prohibited Species for Personal Use Permit:

(a) Eligibility:

Reptiles of Concern: persons with a valid license to possess Reptiles of Concern for personal use may continue to possess those animals in accordance with the provisions of that license and Chapter 68A-6, F.A.C.
Other Prohibited species: if the Commission designates a species as a Prohibited species after May 2, 2019, the Commission may authorize the personal possession of that newly designated species by those licensed or otherwise authorized to possess that species before the effective date of the species’ designation by the Commission as a Prohibited species. Any person in Florida in lawful personal possession of a Prohibited species prior to the species’ listing as Prohibited may apply for a permit from the Commission that authorizes possession of such species for the remainder of the life of the animal(s).
Any person moving to Florida may import their green iguanas and tegus (genera Salvator and Tupinambis, all species) kept for personal use after receiving this permit from the Commission, PIT tagging their animal(s), and coming into compliance with caging and biosecurity requirements as stated below in subsection (7). Applicants will have to show documentation that they had the animal(s) prior to listing as Prohibited in Florida.
This permit shall not expire nor require annual renewal. Permit holders shall notify the Commission within 90 days upon any change of address where the Prohibited species are housed or any change in the current disposition of any Prohibited species kept as personal pets (e.g. alive, deceased, escaped, rehomed through the Commission’s Exotic Pet Amnesty Program, relocated out-of-state, etc.).
Permits may only be granted to persons in lawful possession of such species prior to the species’ listing as Prohibited for the remainder of the life of the animal. Applicants will have to show documentation that they had the animal(s) prior to listing as Prohibited in Florida. No additional specimens may be acquired. If the animal remains alive following the death, disability, or dissolution of the licensee, the animal may be legally transferred to another entity holding a permit authorizing possession of the same species for the remainder of the life of the animal or a spouse or beneficiary may be issued a permit to allow for personal possession of the specimen for the remainder of the life of the animal per permitting standards in Rule 68-1.010 F.A.C. Applicants who are the surviving spouse or beneficiary shall submit within 90 days of the transfer of the animal a completed Conditional/Prohibited/Nonnative Species Permit application form WIM 01 (02/19) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10435 which is incorporated by reference in subsection (1).
Identification: Prohibited species possessed for personal use shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

(b) Permit qualifications:

Applicants for permits to possess Prohibited species for personal use in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form WIM 01 (02/19) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10435 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, specimen name or number, sex, and age) must be provided to the Commission upon permit application.

(6) Inspections:

(a) Permittees and applicants applying to possess captive Prohibited species may be inspected by Commission personnel or an authorized representative of the Commission prior to issuance of a permit. Scheduled and unannounced inspections to ensure general security measures are followed may be conducted at any time during the permit and/or application period. Commission personnel shall determine whether the Prohibited species are securely, properly and safely housed. In the event that any Prohibited species are not securely, properly and safely housed, Commission personnel shall report the situation in writing to the person authorized to possess or exhibit such Prohibited species. Failure of the possessor or exhibitor to correct the situation within 30 days after such written notice shall be grounds for revocation of the permit.

(b) Refusal of inspection shall result in denial of permit application or revocation of existing permit.

(7) Caging and Biosecurity:

(a) Prohibited aquatic species shall be maintained in indoor facilities in containers or other confinement facilities designed to prevent escape and having no exterior water discharge or having a water discharge through a closed drain system that terminates in a dry-bed wastewater retention area with no public access.

(b) Captive Prohibited terrestrial species shall be maintained in facilities in cages or other confinement facilities that prevent escape and public contact, except that Prohibited reptile species used for exhibition may be exhibited from within locked enclosures or free-handled by the exhibitor or an employee handler. For the purposes of this section, free-handling is defined as a situation in which an exhibitor or employee handler maintains control, possession, and supervision of the animal.

(c) Captive Prohibited reptile species shall be maintained in facilities in safe, locked, and proper housing in cases, cages, or enclosures of the following specifications:

Enclosures kept indoors shall be structurally sound and constructed using the following authorized materials: plate glass of at least one-eighth (1/8) inch thickness, break-resistant or injection molded plastic of similar strength, concrete reinforced with wire, sheet metal, one-quarter (1/4) inch or smaller woven or welded wire mesh (hardware cloth), molded fiberglass, plywood or solid wood, or other materials which provide equivalent stability and security against escape and unauthorized intrusion. Materials constructed of lumber by-products such as oriented strand board (OSB), medium density fiberboard (MDF) and melamine shall not be used for indoor enclosures. Enclosures equipped with tracks holding sliding panels shall have the tracks secured with screws or rivets and enclosure design shall be escape-proof for the species contained therein. Enclosures and doors to enclosures shall be locked. The doors of each enclosure shall be securely locked by a device operated by a key, combination lock, key card or other locking device approved by the Commission to prevent unauthorized intrusion.
A room or outbuilding may contain indoor Prohibited reptile species enclosures, provided that such a room or outbuilding is equipped with a safety entrance as described in subparagraph 68-5.007(7)(c)3., F.A.C., below, and locked by a device operated by a key, combination lock, key card, or other locking device approved by the Commission to prevent unauthorized intrusion, is inaccessible to unauthorized personnel, is constructed and maintained as to be escape-proof, and has been inspected and approved as conforming to these rules by Commission personnel prior to use. If a viewing panel is used as a portion of an exterior wall, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point.
Outdoor enclosures shall be topped with a close-meshed wire or equivalent barrier, equipped with a double doored safety entrance. For the purposes of this rule, a safety entrance is defined as a protected, escape-proof area that can be entered by a keeper and prevents escape of Prohibited reptiles. Lumber byproducts such as oriented strand board (OSB), medium density fiberboard (MDF), diamond mesh lath, and melamine shall not be used for outdoor enclosures. Outdoor enclosures shall be inspected and approved as conforming to these rules by Commission personnel prior to use, and shall be constructed in accordance with the following:

a. The floors of outdoor enclosures shall be of concrete or masonry block construction at least two (2) inches in thickness. Sides shall be constructed of concrete at least eight (8) inches in thickness, with a minimum height of four (4) feet above the floor of the enclosure.

b. Facilities with outdoor enclosures housing Prohibited reptiles shall have 180 days from the date the species is listed as Prohibited to bring such enclosures into compliance with the caging and biosecurity requirements in this rule.

c. Prohibited reptile species shall not be bred in outdoor enclosures. No clutches shall be laid or maintained in outdoor enclosures and no births shall occur in outdoor enclosures. No juveniles shall be reared in outdoor enclosures unless the individual animal has been marked with a unique PIT tag, in accordance with paragraph 68-5.007(7)(f), F.A.C.

d. Prohibited reptile species shall not be maintained in outdoor enclosures unless the individual animal has been marked with a unique PIT tag, when applicable and required in accordance with paragraph 68-5.007(7)(f), F.A.C.

e. The corners of outdoor enclosures shall be designed or guarded to prevent the escape of reptiles by climbing.

f. All landscaping of outdoor enclosures shall be arranged to ensure that vegetation or other structures do not allow for the escape of reptiles.

g. All outdoor enclosures shall be equipped with shelter which is continuously available and sufficient to cover the body mass of all animals housed within such enclosure.

h. If a viewing panel is used as a portion of an exterior wall of an outdoor enclosure, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point.

Prohibited green iguanas may also be kept in outdoor enclosures as an alternative to sub-subparagraph 68-5.007(7)(c)3.a., F.A.C., in accordance with the following:

a. Outdoor enclosures shall be constructed in accordance with the following:

(I) Sides and top of outdoor enclosures shall be structurally sound and constructed of metal one-quarter (1/4) inch by one-quarter (1/4) inch closed-mesh wire.

(II) Flooring shall consist of one or a combination of the following:

(A) Metal one-quarter (1/4) inch by one-quarter (1/4) inch closed-mesh wire;

(B) Concrete or masonry blocks at least one and one-half inch (1 1/2) inches in thickness; or

(C) Natural flooring with a dig barrier, defined as an underground, physical extension of the enclosure walls extending into the ground to prevent green iguanas from digging or burrowing under it. Dig barrier depth shall extend at least two (2) feet underground and shall be verifiable during construction and during inspection by Commission personnel.

(III) Materials used for enclosure sides, top, and flooring shall be securely fastened to all connecting walls using a sturdy frame to provide structural integrity to the enclosure and prevent escape. Connecting materials shall be metal.

(IV) All outdoor caging for green iguanas shall provide proper drainage for the enclosure which shall be escape proof.

b. Outdoor enclosures shall be equipped with a double-door safety entrance, defined as a protected, escape proof area that can be entered by a keeper and prevents escape. Safety entrances shall be constructed so that one door can be fully closed before the second door is opened. The enclosure shall only be accessed through the safety entrance and only one door may be opened at a time when the keeper is entering or exiting the enclosure.

c. In lieu of a double-door safety entrance, the primary enclosure may be housed within a larger secondary enclosure constructed as described in sub-sub-subparagraph 68-5.007(7)(c)4.a.(I)-(IV), above. The primary enclosure shall be constructed of metal one-quarter (1/4) inch by one-quarter (1/4) inch closed-mesh wire. Secondary containment shall be entered by a keeper in a manner that prevents escape of green iguanas. The secondary enclosure shall be constructed so that the entrance can be fully closed before the door of the primary enclosure is opened.

d. All doors and entrances shall be sufficiently strong to prevent escape.

e. Green iguanas larger than nine (9) inches SVL may be housed in enclosures using metal one (1) inch by three (3) inch closed-mesh wire for permitted exhibition or research facilities. If viewing panels are used, they must be consistent with sub-subparagraph 68-5.007(7)(c)3.h., F.A.C.

f. The corners of outdoor enclosures shall be designed or guarded to prevent the escape of reptiles by climbing.

g. All landscaping of outdoor enclosures shall be arranged to ensure that vegetation or other structures do not allow for the escape of reptiles.

h. All outdoor enclosures shall be equipped with shelter which is continuously available and sufficient to cover the body mass of all animals housed within such enclosure.

Safety entrance doors and secondary containment doors and entrances shall be securely locked.
Each enclosure housing Prohibited reptiles shall be accurately, visibly and clearly marked with a label stating “Prohibited Reptile;” identifying the species contained therein by common and scientific name; and displaying the PIT tag number of the specimen(s) within, if applicable. A label as described above shall accompany the Prohibited reptile when it is removed from the enclosure. Prohibited reptile identification labels shall be removed from empty enclosures.
All enclosures shall meet the minimum standard caging size requirements as specified in Rule 68A-6.01214, F.A.C.

(d) Facilities with one or more permittee at the same facility location may not commingle their respective live Prohibited species inventories. All cages or enclosures must be clearly identified or visibly marked with the name of the permittee or other identifier to facilitate inventory inspections.

(e) All permittees shall develop a safe handling protocol establishing requirements for all caretakers to follow regarding biosecurity and safety. All individuals associated with a facility authorized to possess Prohibited reptile species that may be in contact with or provide care for such Prohibited reptile species shall demonstrate knowledge of facility requirements and secure handling protocols for Prohibited species as established by the permittee.

(f) Identification: Prohibited reptile species shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

For snakes, implantation shall be in the rear one-third (1/3) of the snake, forward of the anal plate. All snakes over 1/2 inch diameter must be PIT tagged. Any snake not meeting this size requirement must be housed indoors until it is PIT tagged and reported to the FWC.
For lizards, implantation shall be in the body cavity in close proximity to and forward of a rear leg, or in a rear leg. All lizards over 5 inches snout-to-vent length (SVL) must be PIT tagged, except wild-caught green iguanas, which shall be PIT tagged in accordance with subparagraph 68-5.007(7)(f)5., F.A.C. Any lizard not meeting this size requirement must be housed indoors until it is PIT Tagged and reported to the FWC.
The requirement pertaining to the location of the PIT tag implantation shall not apply to specimens implanted prior to acquisition of the animal or prior to the effective date of this rule.
Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, PIT tag number, sex, and age) must be provided to the Commission within 7 days of acquisition and maintained in the possessor’s records for as long as the specimen is possessed. Such reports shall be submitted by email to NonnativePermitApps@MyFWC.com or by mail to the Wildlife Impact Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
Persons with a permit to sell green iguanas or tegus in accordance with subsection (4) above shall mark all green iguanas or tegus with a unique PIT tag prior to sale, except that juvenile wild-caught green iguanas harvested in Florida (under 5 inches snout-vent-length) and any size green iguana possessed for less than 30 days do not need to be PIT tagged prior to sale or transfer.

(g) Transporting:

Prohibited reptile species, except green iguanas collected from the wild for sales, shall be transported only after placement in a closely woven, double-seam sewn, cloth sack. This cloth sack shall be tied or sealed shut then placed in a second cloth sack of similar construction, which shall be tied or sealed shut then placed in a secure, locked container. Said containers shall be prominently labeled “Prohibited Reptiles.”
Placeholder for transport requirements for other taxa groups.

(h) Collecting and Transporting Wild-Caught Green Iguanas:

Green iguanas collected from the wild in Florida shall be maintained in collection containers throughout the duration of field collection activities by an Eradication and Control of Nonnative Species or Limited Exception to Possess Tegus and Green Iguanas for Commercial Use permittee. These collection containers shall be secure and escape proof. Such collection containers may include, but are not limited to, cloth sacks, buckets, or traps.
For the purposes of transportation of collected wild caught green iguanas in a vehicle, vessel, or other motorized device, after field collection activity is completed, the permittee shall transfer all closed and sealed collection containers into a secure, locked transport container prominently labeled “Prohibited Reptiles.” Collection containers shall not be reopened after transport has begun and cannot be reopened until the permittee arrives at the facility where green iguanas will be housed or humanely killed.

(8) Record Keeping and Reporting

(a) Record Keeping: Persons possessing Prohibited species shall maintain an accurate record of all changes in inventory including births, deaths, acquisitions, sales and transfers of all Prohibited species. Such records shall be kept on the permitted premises on a Prohibited Species Inventory Report Form FWC WIM 06 (12/20), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12865 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600. Such records shall be available for inspection upon request by Commission personnel at all times and shall be maintained for three (3) years.

Records of births or deaths shall include the date, quantity, and species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch.
Records of acquisition shall include the date of acquisition; quantity and species of reptiles acquired; method of identification and unique passive integrated transponder (PIT tag) number, if applicable, for each specimen; name and complete address of supplier; and Prohibited species permit number of supplier where applicable.
Sales and Transfers: Prohibited species may be transferred between permitted persons that are authorized to possess Prohibited species for educational exhibition, research, eradication and control, or qualifying commercial use in accordance with each permit’s authorizations. Such transfers must be accompanied by a completed Prohibited Species Inventory Report Form FWC WIM 06 (12/20), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12865. This form shall be signed by the originator upon shipment and by the recipient upon receipt and shall list the common name, scientific name, and quantity of each species in transport; name and address of the originator and recipient; Prohibited species permit number of the recipient; if the shipment originates within Florida, the Prohibited species permit number of the originator.

(b) Reporting: Persons exhibiting or selling live Prohibited reptiles in accordance with Section 379.304, F.S., shall complete a Prohibited Species Inventory Report Form FWC WIM 06 (12/20) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12865, and submit same to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of permit and six months thereafter.

(c) Any escape from primary enclosures or unauthorized release of Prohibited species shall be reported immediately to the Commission by contacting the local FWC Law Enforcement dispatch center. Failure to report an escape or release shall constitute grounds for revocation of the permit to possess Prohibited species.

(9) Critical Incident and Disaster Plan:

(a) Applicants for permits to possess Prohibited species as authorized pursuant to the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Such course of action shall be documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10436 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, Wildlife Impact Management Section 620 South Meridian Street, Tallahassee, Florida 32399-1600. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be retained in the permittee’s files at the facility location and be made available for inspection upon request of Commission personnel and or by local emergency management agency personnel where the facility is located.

(b) No later than 24 hours prior to the National Weather Center’s projected onset of hurricane-force winds of Category 3 or greater, all Prohibited reptiles in the projected path of the storm shall be placed individually in a closely woven, double-seam sewn, cloth sack. This cloth sack shall be tied or sealed shut to prevent escape of the animal then placed in a second cloth sack of similar construction, which shall be tied or sealed shut then placed in a secure, locked container. These secure, locked containers shall be moved into an indoor room within the permitted facility or shall be moved temporarily out of the path of the storm to a secure and safe, escape-proof location. Permittees possessing wild-caught green iguanas can also humanely kill these animals at any time. Persons authorized to possess Prohibited reptiles shall report their critical incident preparation status to their local FWC Captive Wildlife Investigator prior to the onset of critical conditions.

(10) No permits shall be granted for possession of any species of piranha or pirambeba (subfamily Serrasalminae).

(11) Prohibited reptiles shall not be bred, except as follows:

(a) By permitted facilities for educational exhibition at Zoological Association of America or Association of Zoos and Aquariums-accredited or certified institutions, research, or qualifying commercial use purposes as described in subsection 68-5.007(4), F.A.C., above.

(b) Permit applicants seeking authorization to breed Prohibited reptiles for research or educational exhibition purposes in accordance with this section shall submit a detailed proposal explaining the conservation value of breeding such species. Such proposal shall be reviewed and approved by Commission personnel prior to any Prohibited reptile breeding activity occurring at the facility.

(c) Any other males and females of a Prohibited species shall be caged separately, unless the individual animals have been spayed, neutered, or otherwise sterilized. If a permitted facility cannot determine the sex of an animal, that individual shall be caged separately. Green iguanas or tegu lizards under 9 inches snout-to-vent length may be caged together; however, if reproduction occurs and eggs are produced, all eggs must be destroyed immediately and the animals must be caged separately.

(12) Persons in possession of species listed as Prohibited after May 2, 2019 shall have ninety (90) days from the effective date of the species’ listing as Prohibited to come into compliance with the provisions of this section.

(13) Placement of Prohibited Species by Commission Law Enforcement:

(a) The Commission may authorize temporary possession of Prohibited species when the Commission’s Division of Law Enforcement initiates this activity. The Commission’s Division of Law Enforcement may place Prohibited species with a permit holder authorized to acquire Prohibited species or a permit holder with authorization to exhibit Prohibited species at a residential property. Temporary placement paperwork shall be completed by the Commission’s Division of Law Enforcement in coordination with the temporary holding facility. The recipient must maintain a copy of the temporary placement paperwork at the facility while the animal is at the facility. This temporary authorization shall only apply to possession of the animal, not exhibition or sale.

(b) Should the animal become available for ownership and the permit holder desires to keep the animal, they shall request an amendment to their existing permit prior to the expiration of the temporary placement. Requests for permit amendments shall be submitted in writing to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or nonnativepermitapps@MyFWC.com. The amendment request shall include information on all newly acquired Prohibited species, number of each species, and corresponding PIT tag information. Prohibited species shall not be placed in facilities lacking biosecurity or caging requirements for possession of Prohibited species in accordance with subsection 68-5.007(7), F.A.C. Acquisition paperwork must be maintained by the permittee and shall be available for inspection by Commission personnel at any time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 12-27-18, Amended 5-2-19, Amended 4-29-21, 6-27-22, 8-20-25, 1-7-26.

Fla. Admin. Code R. 68-5.008 Amnesty for Persons Relinquishing Non-Native Pets

It is the policy of the Fish and Wildlife Conservation Commission to encourage persons possessing unwanted non-native fish or wildlife as pets to relinquish such pets to qualified adopters through the Commission’s Exotic Pet Amnesty Program as an alternative to releasing them into Florida’s environment. In furtherance of this policy, the Commission will sponsor amnesty events and facilitate amnesty outside of sponsored events for such purpose.

(1) Persons adopting nonnative species through the Commission’s Exotic Pet Amnesty Program may accept nonnative fish or wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife.

(2) Any person relinquishing or adopting nonnative fish or wildlife through the Commission’s Exotic Pet Amnesty Program pursuant to this rule is hereby deemed not to be in violation of the permit requirement of subsection 68A-6.008(2), F.A.C.

(3) All adoptions occurring pursuant to this rule shall be reported to and approved by the Commission’s Exotic Pet Amnesty Program before the surrendered animals may be accepted by the adopter. Any facility accepting wildlife pursuant to this rule must be an approved adopter with the Program and possess any required captive wildlife license(s), pursuant to Chapter 68A-6, F.A.C., and any other applicable licenses or permits.

(4) Relinquishing reptiles of concern, or Prohibited snakes and lizards.

(a) Persons with a valid license to possess or exhibit reptiles designated as reptiles of concern after July 1, 2010, may accept reptiles of concern as defined in subsection 68A-6.017(1), F.A.C., through the Commission’s Exotic Pet Amnesty Program from persons who have not obtained a permit from the Commission for possession of such reptiles without violating the provisions of subsection 68A-6.008(2), F.A.C., which prohibits the buying, selling or transferring of wildlife to or from an unpermitted entity within Florida.

(b) Persons authorized to possess Prohibited snakes and lizards may accept Prohibited snakes and lizards listed in subsection 68-5.006(4), F.A.C., surrendered through the Commission’s Exotic Pet Amnesty Program from persons who have not obtained a permit from the Commission for possession of such conditional snakes and lizards without violating the provisions of subsection 68A-6.008(2), F.A.C., which prohibits the buying, selling or transferring of wildlife to or from an unpermitted entity within Florida.

(c) Persons accepting unpermitted reptiles of concern, or Prohibited snakes and lizards, shall complete a Captive Wildlife Inventory-Donated Reptile form FWCDLE_624IV (06-10), which is adopted and incorporated herein by reference, which is available from the Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, Wildlife Impact Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, and submit the form to the same address within 72 hours of acquisition.

(d) Any person relinquishing or accepting reptiles of concern, or Prohibited snakes and lizards, under this subsection is authorized to make such transfer and is not in violation of the prohibitions on buying, selling or transferring contained in subsection 68A-6.008(2), F.A.C.

(e) Persons accepting unpermitted reptiles of concern, or Prohibited snakes or lizards, under this subsection must otherwise comply with all permit conditions and Commission rules, specifically including provisions in Rules 68A-6.017, 68A-6.0172, 68A-6.0173, and 68A-6.007, F.A.C.

(5) State and county wildlife control agencies may accept nonnative fish and wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife or persons with the appropriate permit. Such animals shall be reported to the Commission’s Exotic Pet Amnesty Program and to be placed with approved adopters through the program.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 12-27-18, Amended 4-29-21.

Fla. Admin. Code R. 68-5.009 Lionfish

(1) As used in this rule, “lionfish” means any finfish of the genus Pterois.

(2) The importation of live lionfish or hybrids or eggs thereof is prohibited.

(3) Live lionfish imported from outside the State of Florida after August 1, 2014, may not be sold, offered for sale, bartered, or otherwise exchanged.

(4)(a) Except as provided in paragraph (b), a wholesale or retail dealer, or any other wholesale or retail establishment possessing live lionfish, or any hybrids thereof may only possess live lionfish harvested from Florida waters or adjacent federal waters. Any wholesale or retail establishment shall maintain the invoices, receipts, bills of sale, bills of lading, or other documentation affirmatively showing that all lionfish possessed or purchased by the dealer have been sourced from Florida waters or adjacent federal waters.

(b) A wholesale dealer or retailer may possess and offer for sale live lionfish imported prior to August 1, 2014. However, the burden shall be upon any person possessing imported live lionfish to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such live lionfish were imported and entered the state in interstate commerce prior to August 1, 2014. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this section.

(5) No common carrier or employee of said carrier may carry, knowingly receive for carriage, or permit the carriage of any live lionfish, including hybrids or eggs thereof, except for lionfish lawfully harvested from Florida waters or adjacent federal waters.

(6) Any person engaged in aquaculture who possesses a valid certificate of registration from the Department of Agriculture and Consumer services issued pursuant to Chapter 597, F.S., and who is authorized to possess such species in accordance with Chapter 597, F.S., may raise juvenile or adult lionfish lawfully harvested from Florida waters or adjacent waters.

(7) Except for the activities authorized by a Conditional/Prohibited/Nonnative Species permit as provided in subsection (8) below, the harvest or possession of lionfish eggs or larvae for any purposes other than destruction is prohibited.

(8) The intentional breeding of lionfish or cultivation of lionfish eggs or larvae in captivity is prohibited except as authorized by Conditional/Prohibited/Nonnative species permit as provided in paragraphs (a) through (f) below:

(a) Eligibility.

A permit for research involving lionfish cultivation shall be issued only to a principal investigator who is a faculty member of a college or university, is affiliated with an accredited institution, or is a member of a federal, state or county agency.
Permits shall be issued only for the purposes of researching lionfish population control measures or mitigating negative impacts to native species and ecosystems.

(b) Lionfish cultivation held outdoors may only be held in a water body that has the lowest point of the top edge of its levee, dike, bank, or tank at an elevation of at least one foot above the 100-year flood elevation determined by reference to elevation maps issued by the National Flood Insurance Program, U.S. Department of Homeland Security. Such water body shall have no water discharge or shall be constructed with a barrier system designed to prevent escape of adults, juveniles, and eggs in the water effluent discharged from the permittee’s property.

(c) Lionfish cultivation held indoors may only be held in culture systems having no water discharge, having a water discharge through a closed drain system, or other system designed to prevent discharge of water containing adults, juveniles and eggs from the permittee’s property.

(d) A detailed research proposal shall accompany the application for the permit. The proposal shall state the research objectives, methodology and study duration, and outline planned safeguards to assure proper containment of the species. An annual record of progress toward the research project objectives shall be maintained, and such research proposal and record of progress shall be available for inspection upon request of Commission personnel.

(e) The permit shall expire 12 months from the date of issuance and shall not be renewed until a detailed report of research findings is received and approved by the Commission. The report shall include a description of activities undertaken in the permit period, progress toward research project objectives, and proposed additional activities to be undertaken during any renewal period. Such reports are public records subject to the requirements for public disclosure under Chapter 119, F.S.

(f) Any escape or release of lionfish, or the eggs thereof, shall be reported immediately to the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 12-27-18.

Division 68A Freshwater Fish and Wildlife

Chapter 68A-1 GENERAL: OWNERSHIP, SHORT TITLE, SEVERABILITY AND DEFINITIONS

Fla. Admin. Code R. 68A-1.001 Short Title

These rules and regulations shall be designated as the Wildlife Code of the State of Florida and shall be in full force and effect.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 120.53 FS, Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Formerly 39-1.01, 39-1.001.

Fla. Admin. Code R. 68A-1.002 Regulation of Wild Animal Life and Freshwater Aquatic Life in the State

All freshwater aquatic life in the waters within the jurisdiction of the State of Florida, whether such waters or the lands upon which such waters occur are privately owned or otherwise, is subject to the regulation of the Commission. All wild animal life within the jurisdiction of the State of Florida, whether such wild animal life is privately owned or otherwise, is subject to the regulation of the Commission. The Commission shall regulate migratory birds consistent with the laws of the United States governing the conservation and protection of all migratory birds.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-1.02, Amended 4-12-98, Formerly 39-1.002.

Fla. Admin. Code R. 68A-1.003 Regulations Are Severable

The provisions of these regulations are hereby declared to be severable, and if any provision or the application thereof be held invalid, the remainder thereof shall not be affected thereby and the Commission declares it would have established the remaining provisions notwithstanding any such invalidity.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 120.53 FS. History–New 8-1-79, Formerly 39-1.03, 39-1.003.

Fla. Admin. Code R. 68A-1.004 Definitions

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) Airboat – Any boat, sled, sea skiff or swamp boat pushed, pulled or propelled by airpower generated by a motor of more than 25 horsepower.

(2) Alligator exhibit – A facility in which alligators are confined in such a manner that the general public may view the reptiles, with or without fee.

(3) Alligator farm – A facility in which alligators, hatchlings and eggs have been lawfully reduced to private control, confinement and possession and from which alligators, their hides, meat and products may be sold.

(4) Alligator hatchling – Any alligator that is less than nine inches in length measured in a straight line along the belly from the tip of the snout to the rear margin of the cloacal vent.

(5) All-terrain vehicle – As defined in Section 317.0003(1), F.S. (2022).

(6) Amphibians – All members of the class Amphibia (for example frogs, toads, mudpuppies, newts and salamanders).

(7) Antlered deer – Any deer having one or more antlers at least five inches in length visible above the hairline.

(8) Antlerless deer – Any deer, except a spotted fawn, that is without antlers or whose antlers are less than five inches in length visible above the hairline.

(9) Antler point – Any antler projection that is at least one inch in length.

(10) Artificial bait – Any fish lure that is not a natural food for fish.

(11) Artificially propagated game – Game that is hatched or born and raised in captivity. The term “artificially propagated” is synonymous with the term “pen raised.”

(12) Bag limit – The maximum number of individual specimens of fish or wildlife which may lawfully be taken or possessed by one person in a specified time.

(13) Birds – The various forms of wildlife belonging to the class Aves, having both feathers and wings.

(14) Bird sanctuary – An area established for the protection of birds and other wildlife in which hunting is prohibited in developed areas in the interest of safety, unless otherwise provided by specific regulation of the Commission.

(15) Black bass – Any bass included in the genus Micropterus.

(16) Bow – A device consisting of flexible material having a string connecting its two ends, either indirectly by cables or pulleys or directly, for the purpose of discharging arrows; which propels arrows only by the energy stored by the drawing of the device; and which is hand-held, hand-drawn and hand-released.

(17) Bush hook – A single line with a single hook attached to a tree, bush, shore or other structure.

(18) Captive wildlife – Any wildlife, specifically birds, mammals, reptiles, and amphibians maintained in captivity for exhibition, sale, personal use, propagation, preservation, rehabilitation, protection or hunting purposes.

(19) Closed season – The calendar period during which the taking of freshwater fish or wildlife is prohibited.

(20) Commission – The Fish and Wildlife Conservation Commission, established pursuant to Article IV, Section 9, Florida Constitution.

(21) Common carrier – Railroad companies, airlines, water carriers, express companies, stage or bus companies, persons or companies operating stages, buses or airplanes, or any such person, firm, or corporation certified as a common carrier by the appropriate state or federal agency.

(22) Critical Incident – Any condition which results in the release or escape of captive wildlife from its enclosure, cage, leash, or other constraint.

(23) Critical wildlife area – An area established by the Commission which is regulated to minimize the adverse impact on wildlife due to man-caused disturbance or destruction.

(24) Crossbow – A device consisting of flexible material having a string connecting its two ends, either indirectly by cables or pulleys or directly, affixed to a stock for the purpose of discharging quarrels, bolts, or arrows; which propels quarrels, bolts, or arrows only by the energy stored by the drawing of the device; and which utilizes a non-hand-held locking mechanism to maintain the device in a drawn or ready-to-discharge condition.

(25) Cub bear – A bear that is less than 100 pounds whole (ungutted) or less than 75 pounds eviscerated (gutted) weight.

(26) Daylight hours – The time of day from one-half hour before sunrise until one-half hour after sunset.

(27) Disaster – A sudden calamitous event that causes great damage, loss or destruction. Examples include a hurricane, tornado or other severe storm, flood, wildfire, or any other similar natural disaster, terrorist act, biological or radiological event, or any other similar manmade disaster.

(28) Executive director – The administrative head of the Commission.

(29) Falconry – The sport of taking quarry by means of a trained raptor.

(30) Fawn deer – Any native deer with visible spots.

(31) Florida Endangered and Threatened Species – species of fish or wild animal life, subspecies or isolated populations of species or subspecies, whether vertebrate or invertebrate, that are native to Florida which are endangered and threatened under Commission rule as either:

(a) Federally-designated Endangered and Threatened species by virtue of designation as endangered or threatened by the United States Departments of Interior or Commerce under the Endangered Species Act, 16 U.S.C. §1531, et seq. and rules thereto, or

(b) As a State-designated Threatened species. Florida Endangered and Threatened species retain their status regardless of subsequent changes in scientific nomenclature or subsequent identification of species or subspecies within the species listed.

(32) Freshwater fish – All of the species that are indigenous to fresh water.

(33) Freshwater game fish:

(a) The following members of the Genus Micropterus:

Florida bass (Micropterus salmoides).
Largemouth bass (Micropterus nigricans).
Shoal bass (Micropterus cataractae).
Suwannee bass (Micropterus notius).
Spotted bass (Micropterus punctulatus).
Choctaw bass (Micropterus haiaka (nom. prov.)

(b) The following members of the Genus Pomoxis:

Black crappie (Pomoxis nigromaculatus).
White crappie (Pomoxis annularis).

Bluegill (Lepomis macrochirus).
Redear (Lepomis microlophus).
Redbreast (Lepomis auritus).
Flier (Centrarchus macropterus).
Warmouth (Lepomis gulosus).
Longear (Lepomis megalotis).
Mud sunfish (Acantharchus pomotis).
Shadow bass (Ambloplites ariommus).
Spotted sunfish (Lepomis punctatus).

(d) Freshwater white bass (Morone chrysops).

(e) Striped bass (Morone saxatilis).

(f) White bass-striped bass hybrid and its reciprocal known locally as sunshine bass.

(g) All members of the genus Cichla commonly known as peacock bass including the butterfly peacock (Cichla ocellaris) and speckled peacock (Cichla temensis).

(34) Fish management area – A pond, lake, or other body of water established for the management of freshwater fish, on which public fishing or other outdoor recreation is permitted in accordance with regulations specifically provided for each individual area.

(35) Furbearers – Raccoon, opossum, skunk, beaver, coyote, fox, bobcat, otter, mink, weasel, and round-tailed muskrat.

(36) Game – Game mammals and game birds.

(37) Game birds – Those species of turkey, quail, rail, snipe, woodcock, duck, goose, brant, dove, coot, and gallinule with open seasons established by Rule 68A-13.003, 68A-13.004 or 68A-13.008, F.A.C., and non-native bird species generally considered game, including but not limited to pheasant, chukar partridge, and coturnix quail.

(38) Game farm – An area set aside for possession of captive-reared native or non-native game birds or game mammals of the families Cervidae, Suidae, and Bovidae for the purpose of breeding, sale, or food.

(39) Game mammals – Those species of deer, squirrel, bear, and rabbit with open seasons established by Rule 68A-12.012 or 68A-13.004, F.A.C., and non-native mammal species generally considered game, including but not limited to elk, antelope, and buffalo.

(40) Gun – Shotgun, rifle, pistol, revolver, muzzleloading gun (including muzzleloading long gun with rifled or smoothbore barrel, shotgun, pistol, and revolver), air gun, gas gun, blow gun, bow, crossbow, or any other device mechanically propelling an arrow, spear, or other projectile.

(41) Hunting preserve – An area set aside by a commercial or private entity on which captive-reared native or non-native game birds or game mammals of the families Cervidae, Suidae, and Bovidae may be released or bred for the primary purpose of take.

(42) Legal game – Game birds, game mammals, crows (during open seasons established by Rule 68A-13.008, F.A.C.), non-protected birds, armadillo, black or brown rat, house mouse, nutria, and wild hog unless otherwise stipulated for a particular species in a regulation established for a specific wildlife management area, wildlife and environmental area, public small game hunting area or public use area.

(43) Light – Any artificial light for use in taking wildlife or freshwater fish.

(44) Mammals – Wildlife belonging to the class Mammalia, having hair and feeding their young on milk.

(45) Migratory birds – All birds included in the Migratory Bird Treaty Act, 16 U.S.C. 703-711.

(46) Migratory game birds – Those species of game birds included in the Migratory Bird Treaty Act, 16 U.S.C. 703-711.

(47) Muzzleloading gun – A firearm designed to have projectiles loaded through the muzzle, or the muzzle end of the cylinder chamber, and is fired by wheel lock, flintlock, percussion cap, or centerfire primer.

(48) Non-game fish – All freshwater fish species, except grass carp, not listed in subsection 68A-1.004(32), F.A.C., as freshwater game fish.

(49) Non-performing wildlife – Wildlife which is exhibited to the public in a mobile cage or enclosure and is not removed from such enclosure for regular exercise or performing activities.

(50) Non-protected birds – African and Eurasian collared-doves, common pigeon (rock dove), Egyptian goose, house sparrow, and common starling.

(51) Nuisance wildlife – Wildlife that causes or is about to cause property damage, presents a threat to public safety, or wildlife causing an annoyance within, under or upon a building.

(52) Open season – The calendar period during which freshwater fish or wildlife may be lawfully taken.

(53) Performing wildlife – Wildlife that is rehearsed, controlled, or monitored by a trainer and can accomplish a consistent routine conducted under the discipline of the trainer.

(54) Permanent blind – anything that provides shelter, cover, or place of concealment for a person, but does not include any rooted vegetation or a shelter, cover, or place of concealment remaining in place only while the person is present.

(55) Person – The word “person” as used in these rules shall have the same meaning as in Section 1.01, F.S.

(56) Personal pet – Wildlife maintained in captivity primarily for personal use or enjoyment.

(57) Possession – The word “possession” whenever used in these rules shall mean any one of the following:

(a) Manual possession.

(b) Physical possession.

(d) Possession in one’s clothing, attire or equipment.

(e) Possession in or about a vessel, vehicle or beast of burden under one’s custody or control, including but not limited to compartments, drawers, pockets, trunks, and similar places in and about such vessel, vehicle, or beast of burden.

(58) Possession limit – The maximum number of individual specimens of freshwater fish or wildlife which may be lawfully possessed.

(59) Pre-charged pneumatic air gun – A commercially-manufactured air gun that is charged from an external high compression source such as an air compressor, air tank, or external hand pump and is specifically designed to propel a bolt, arrow, or other projectile commonly used for hunting.

(60) Prepared alligator meat – Alligator meat that is cooked or cured in a manner allowing it to be consumed by humans without further preparation.

(61) Private lands – Lands not owned by, or under any contractual use agreement with, any governmental body.

(62) Private pond – Any man-made body of water that is located entirely within the property of the owner of the water body and has no surface water connection to public waters.

(63) Raptor – A bird which is a member of the Accipitridae (except the bald eagle) or Falconidae family; or a great horned owl.

(64) Regions – The following geographical portions of the state:

(a) Southwest Region: Charlotte, DeSoto, Hardee, Hernando, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk and Sarasota counties.

(b) North Central Region: Alachua, Baker, Bradford, Citrus, Clay, Columbia, Dixie, Duval, Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau, Suwannee, Taylor and Union counties.

(c) Northwest Region: Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton and Washington counties.

(d) South Region: Broward, Collier, Dade, Glades, Hendry, Martin, Monroe, Okeechobee, Palm Beach and St. Lucie counties.

(e) Northeast Region: Brevard, Flagler, Indian River, Lake, Marion, Orange, Osceola, Putnam, Seminole, Sumter, St. Johns and Volusia counties.

(65) Relative – An individual who is related as: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepsister, stepbrother, half brother, or half sister.

(66) Reptiles – All members of the class Reptilia (for example, alligators, caimans, crocodiles, turtles, lizards and snakes).

(67) Reptiles of Concern – As designated by the Commission, any member of the class Reptilia, including subspecies, taxonomic successors or hybrids thereof, which due to its nature, has habits or the potential to impact the environment, may be possessed and housed only in accordance with the regulations provided for reptiles of concern.

(68) Resident game birds – Wild turkey and quail.

(69) Restricted hunting area – An area established in which hunting is prohibited in developed areas in the interest of safety unless otherwise provided by specific permit.

(70) Rough fish – Common carp, gars, gizzard shad, threadfin shad, suckers, tilapia and bowfin.

(71) Sell – The transfer of property or other things to a buyer for an agreed price. The term shall include all lesser acts related thereto, such as attempting to sell, offering to sell, to barter, exchange, or trade.

(72) Set line – See bush hook.

(73) Small game – Game species other than deer, bear or wild turkey.

(74) Small game season – The calendar period during which small game may be taken, provided that migratory game birds may be taken only during seasons established under Rules 68A-13.003 and 68A-13.008, F.A.C.

(75) Snare – A trapping device consisting of a noose designed to capture wildlife.

(76) Snatch hook – Any device which includes one or more hooks used for the purpose of hooking fish other than in the mouth. A gaff hook used for landing fish taken by hook and line or rod and reel shall not be included in the meaning of the term.

(77) Special season – The calendar period during which specified game species may be hunted only by the use of a designated hunting device at a time other than the general hunting season for that species.

(78) Spring turkey season – The designated spring period during which only gobblers or bearded turkeys may be taken.

(79) Steel trap – Any mechanical device (other than a snare or a device commonly used to take nuisance moles, pocket gophers or household rodents) that is designed and used to take wildlife by seizing and holding a part of the body.

(80) Take – The term shall include taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater fish, or their nests or eggs by any means whether or not such actions result in obtaining possession of such wildlife or freshwater fish or their nests or eggs.

(81) To close – To prohibit the taking of wildlife or freshwater fish.

(82) To open – To permit the taking of wildlife or freshwater fish during the open season.

(83) Total length – In freshwater fish means the straight line distance from the most forward point of the head with the mouth closed to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(84) Transport – Shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export.

(85) Triploid grass carp – Freshwater fish also called white amur, belonging to the family Cyprinidae and known scientifically as Ctenopharyngodon idella, which have been genetically altered to contain three sets of chromosomes, thus rendering them functionally sterile. Only such fish as have been determined to be triploid by the producer using scientifically accepted methods and verified by the use of a Coulter Counter by the Commission or by the U.S. Fish and Wildlife Service are included in this definition.

(86) Trotline – A multiple hook and line device consisting of a main line to which shorter lines are attached at intervals.

(87) Untanned skin – Any skin or hide that has not been processed beyond the fleshed, salted or stretched stage.

(88) Venomous reptile – All members of the class Reptilia including their taxonomic successors, subspecies, or any hybrid thereof, regardless of surgical alteration, determined to have the potential to cause serious human injury due to the toxic effects of its venom or poison. Including all venomous reptiles of the class Reptilia belonging to the families Elapidae, Crotalidae, Viperidae, and Hydrophiidae; all reptiles in the genus Heloderma; and all reptiles in the family Colubridae belonging to the genera: Rhabdophis, Boiga, Dispholidus, Thelatornis, and Atractapsis.

(89) Wild hog – A hog that is free-roaming and which cannot be legally claimed as a domestic hog in private ownership.

(90) Wildlife – All wild or non-domestic birds, mammals, fur-bearing animals, reptiles and amphibians.

(91) Wildlife and environmental area – Endangered or environmentally unique habitats which shall have as their primary management objective the protection and conservation of their endangered or unique resources. Outdoor recreation will be specifically provided for in regulations established for each area when such use does not conflict with the primary management objectives.

(92) Wildlife management area – An area of private or public ownership established for the management of wildlife or freshwater fish on which hunting, fishing or other outdoor recreation may be permitted only at such times and under such regulations as are specifically provided for each individual area.

Wildlife management area – Such an area upon which the users are subject to the management area stamp requirements of Section 379.354, F.S., excluding lands owned by the United States of America, Department of Defense.

(93) Wildlife refuge – An area within which the taking of wildlife is prohibited and the taking of freshwater fish is prohibited when so provided by the order establishing the refuge.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 7-1-08, 10-23-08, 7-1-10, 11-8-10, 1-1-11, 4-9-13, 7-29-15, 5-11-16, 7-1-18, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 5-28-25, 6-2-25, 9-16-25, 7-1-26.

Chapter 68A-2 ORGANIZATION, PRACTICE, PROCEDURE AND POLICIES

Fla. Admin. Code R. 68A-2.014 Minority Business Enterprise Procurement Activities (Transferred to 68-1.002)

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 372.021 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 287.042, 287.0947 FS. History–New 12-12-88, Amended 8-23-92, Formerly 39-2.014, Transferred to 68-1.002.

Fla. Admin. Code R. 68A-2.015 Florida Fish and Wildlife Conservation Commission Grants Program (Transferred to 68-1.003)

History

Rulemaking Authority 370.023 FS., Art. IV, Sec. 9, Fla. Const. Law Implemented 370.023 FS., Art. IV, Sec. 9, Fla. Const. History–New 4-4-04, Amended 3-15-05, Transferred to 68-1.003.

Chapter 68A-3 WILDLIFE OFFICERS: APPOINTMENT, POWERS AND DUTIES

Fla. Admin. Code R. 68A-3.002 Powers of Wildlife Officers and Other Designated Assistants

Those state officers who are vested with powers of arrest and those municipal police officers and deputy sheriffs acting within the scope of their police jurisdiction are empowered to enforce all laws or rules relating to wild animal life and freshwater aquatic life.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-3.02, 39-3.002, Amended 9-25-18.

Fla. Admin. Code R. 68A-3.004 Wildlife Reserve Program

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-3.04, 39-3.004, Repealed 9-25-18.

Chapter 68A-4 GENERAL PROHIBITIONS AND REQUIREMENTS

Fla. Admin. Code R. 68A-4.001 General Prohibitions

(1) No wildlife or freshwater fish or their nests, eggs, young, homes or dens shall be taken, transported, stored, served, bought, sold, or possessed in any manner or quantity at any time except as specifically permitted by these rules nor shall anyone take, poison, store, buy, sell, possess or wantonly or willfully waste the same except as specifically permitted by these rules.

(2) The use of gasoline or any other chemical or gaseous substances to drive wildlife from their retreats is prohibited.

(3) Intentionally placing food or garbage, allowing the placement of food or garbage, or offering food or garbage in such a manner that it attracts coyotes, foxes or raccoons and in a manner that is likely to create or creates a public nuisance is prohibited.

(4)(a) Intentionally feeding bears is prohibited except as provided for in this Title.

(b) Placing food or garbage, allowing the placement of food or garbage, or offering food or garbage that attracts bears and is likely to create or creates a nuisance is prohibited after receiving prior written notification from the Commission.

(5) The intentional feeding or the placement of food that attracts pelicans and modifies the natural behavior of the pelican so as to be detrimental to the survival or health of a local population is prohibited.

(6) The intentional feeding of sandhill cranes is prohibited.

(7) The feeding of non-human primates is prohibited. Feeding includes the placement of food or garbage, allowing the placement of food or garbage, or offering food or garbage in a manner that attracts non-human primates.

(8) No person shall take or assist in taking wildlife using a method that involves remote control aiming and discharging of a gun when that person is not physically present at the location of that gun.

(9) Unless otherwise specifically provided in this Title, armadillo and non-protected birds may be taken throughout the year, without restrictions.

(10) A nonresident annual hunting license to take game and furbearers as provided in 379.354(5)(h) F.S., unless exempt from this requirement by 379.353 F.S., is required for any person who is not a resident of the State of Florida to take game or furbearers.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-4.01, Amended 4-1-96, Formerly 39-4.001, Amended 5-13-02, 7-1-04, 7-1-08, 7-29-15, 8-6-15, 2-11-18, 7-1-25, 7-1-26, 7-31-26.

Fla. Admin. Code R. 68A-4.002 Take of Wildlife and Freshwater Fish with a Gun at Night; Exceptions

(1) Except when Commission rule or permit specifically authorizes take of wildlife or freshwater fish with a gun during non-daylight hours and except to the extent allowed by subsection (2), below, the take of wildlife or freshwater fish with a gun between one-half hour after sunset and one-half hour before sunrise is prohibited.

(2) On privately owned lands, the landowner or designee may take wild hog, coyote, armadillo, black and brown rats, house mouse, and nutria with a gun and light during non-daylight hours.

(3) On lands outside the Wildlife Management Area (WMA) System, the use of a gun equipped with a thermal, night-vision, or similar device is prohibited for taking wildlife or freshwater fish during non-daylight hours, except when Commission rule or permit specifically authorizes the take of wildlife or freshwater fish with a gun during non-daylight hours.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3015, 379.404(2) FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-4.02, 39-4.002, Amended 4-3-08, 7-27-10, 3-25-12, 7-1-26.

Fla. Admin. Code R. 68A-4.004 Possession of Wildlife or Freshwater Fish or the Carcasses Thereof

(1) Whenever the taking or possession of wildlife or freshwater fish is prohibited, the possession of any carcass or portion of the carcass of such wildlife or freshwater fish is prohibited. The possession of any wildlife or freshwater fish showing evidence of being taken by any unlawful method is prohibited. Wildlife or freshwater fish lawfully taken during the open season and properly identified may be possessed and stored in freezers or freezer lockers except when otherwise provided in Rule 68A-12.004 or 68A-23.006, F.A.C.

(2) No person shall possess the carcass or parts thereof of any member of the species felis concolor (cougar or panther), unless such carcass or parts thereof is of an animal for which possession was permitted under Rule 68A-6.002 or 68A-6.0011, F.A.C., or was lawfully acquired outside this state and is possessed in accordance with subsection 68A-12.004(10), F.A.C.

(3) Black bass, striped bass and white bass or their hybrids, peacock bass, or black crappie and panfish (for black crappie and panfish, only in waters where minimum-length or slot-size limits for these fish apply) may not be filleted, nor their head or tail fin removed, until the angler has completed fishing for the day.

(4) The prohibition in subsection (1), does not apply to deer carcass or parts thereof from a deer that was killed by accidental collision with a vehicle.

(5) No person shall possess the carcass or parts thereof of any black bear, unless such carcass or parts thereof is of an animal for which possession was permitted under Chapter 68A-6, F.A.C. or was legally taken or acquired and is possessed in accordance with subsection 68A-12.004(12), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-4.04, Amended 5-10-87, 7-1-89, 7-1-96, Formerly 39-4.004, Amended 7-1-00, 7-1-10, 7-29-15.

Fla. Admin. Code R. 68A-4.005 Introduction of Carriers of Disease; Inspection

(1) No person shall release or introduce in the state any wildlife, freshwater fish or any other organism that might reasonably be expected to transmit any disease to wildlife or freshwater fish.

(a) Any representative of the Commission may inspect all records, ponds, pools, vehicles and other facilities used to produce, grow, store or transport freshwater aquatic organisms. Inspection may be made of such facilities wherein foreign or non-native species of freshwater aquatic organisms are propagated for any commercial purpose so as to determine that such species or their eggs are not allowed to escape into the waters of the state or to determine whether freshwater aquatic organisms are infected or diseased. In the event that an epizootic aquatic disease among cultured aquatic freshwater organisms presents a threat to public health or to fish or wildlife resources, freshwater aquatic organisms exposed to or exhibiting such disease may be quarantined, confiscated or destroyed as a public nuisance without compensation to anyone having a financial interest in such organisms.

(b) Any freshwater aquatic organism that may be discovered in ponds, pools, vehicles or other facilities and which in the determination of the executive director would be detrimental to fish or wildlife resources if released or placed in the waters of the state, shall be confiscated and destroyed as a public nuisance.

(2) Nothing in this rule shall prohibit the Commission or its duly authorized agents from bringing into the state or releasing or introducing any wildlife or freshwater fish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.28, 379.231 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-4.05, 39-4.005, Amended 6-7-07.

Fla. Admin. Code R. 68A-4.0051 Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae

In addition to other requirements of Chapter 379, F.S., and Division 68A, F.A.C., and in order to prevent the introduction of Chronic Wasting Disease (CWD) into the captive and wild deer of this state, no person shall receive, possess, transport, or carry into the state by any means any live deer, elk or other species of the family Cervidae originating from out-of-state unless permitted pursuant to Chapter 68A-6, F.A.C., and as provided herein.

(1) Zoos that meet or exceed all applicable Association of Zoos and Aquariums (AZA) accreditation standards (2013 Edition – available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03316), which are adopted and incorporated herein by reference, are authorized to receive cervids from out-of-state (except for white-tailed deer which shall not be received from out-of-state) from another facility that meets or exceeds all applicable AZA accreditation standards.

(2) Any person is authorized to receive Reindeer (Rangifer tarandas) temporarily, for no longer than 90 days, provided that the reindeer being received have not originated from or been possessed at a premises or facility located in a county or a county adjoining a county where CWD has been documented, and are not located at a premises or facility in Florida with other species of the family Cervidae.

Cervids being moved shall not be commingled with cervids from other sources during transfer. No person shall violate Chapter 5C-26, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 10-16-02, Amended 2-27-03, 11-12-13.

Fla. Admin. Code R. 68A-4.0052 Possession and Release of Live Mallards

(1) No person shall possess, import, sell or otherwise transfer, or release live mallards (Anas platyrhynchos), except as provided in this section and other applicable rules of the Commission. For the purposes of this section, “mallard” includes all Anas platyrhynchos and fertile hybrids thereof except the white variety of Anas platyrhynchos commonly known as “Pekin” ducks.

(2) Live mallards may only be sold or transferred to, imported by, or possessed by:

(a) Persons licensed pursuant to Section 379.3711, F.S.;

(b) Persons permitted to possess mallards pursuant to Rule 68A-9.002 or 68A-9.006, F.A.C., or

(3) Live mallards may only be sold by persons licensed pursuant to Section 379.3711 or 379.3761, F.S.

(4) Mallards shall be caged as specified in Rules 68A-6.01215 and 68A-6.009, F.A.C. , and in accordance with the following:

All cages and enclosures containing mallards shall be covered at the top to prevent escape and to prevent interaction with wild waterfowl.

(5) Mallards may only be released for bona fide dog training, raptor training for falconry purposes, or field trials provided that persons releasing mallards for dog training, raptor training, or field trials shall return the birds to possession or caging as soon as possible after release.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 6-2-25.

Fla. Admin. Code R. 68A-4.0053 Importation and Possession of Carcasses from Species in the Family of Cervidae

No person shall import or possess the carcass or any parts therefrom of any species in the family Cervidae originating from any place outside of Florida except:

(1) Boned-out meat or products thereof;

(2) Clean hides with no head attached;

(3) Antlers, antlers with a clean skull plate with no tissue attached or clean skulls with no tissue attached;

(4) Finished taxidermy products; and

(5) Clean teeth with no tissue attached, provided a person may import or possess the carcass or parts thereof of any white-tailed deer orginating and legally harvested from a property in Georgia or Alabama if such property where it was harvested is bisected by the Florida state line and under the same ownership on both sides of the state line. Any carcass, regardless of origin, of any species in the family Cervidae testing positive for CWD shall be surrendered to FWC personnel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-05, Amended 7-1-21.

Fla. Admin. Code R. 68A-4.006 Obligation to Permit Search or Inspection

It is hereby made the duty of every person participating in the privileges of taking or possessing wildlife, freshwater fish or parts thereof as authorized by these rules to allow wildlife officers to ascertain whether the requirements of these rules are being followed. No person shall refuse or obstruct such inspection by any authorized officer of the state.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3311 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-4.06, 39-4.006, Amended 2-27-03.

Fla. Admin. Code R. 68A-4.007 Exclusion of Certain Areas from Open Season

(1) Whenever reference is made in these rules to open season or provision is made to permit the taking or possession of wildlife or freshwater fish, it shall be construed to mean to authorize the taking or possession of wildlife or freshwater fish only in open territory and shall not include state parks or recreation areas or the grounds of any of the state universities, colleges, schools, experiment stations, plant boards, hospitals or correctional institutions or state-operated fish hatcheries unless such taking or possession is authorized by the superintendent; nor upon any refuges, bird sanctuaries, restricted hunting areas or management areas established by the Commission unless specifically provided otherwise.

(2) Lands to be managed by the Commission or by the Florida Division of Forestry or the water management districts for hunting, fishing and other related outdoor recreational activities may be closed to the taking of wildlife or freshwater fish by executive order to protect fish and wildlife resources. Such executive closure orders shall be issued on an interim basis until appropriate fish and wildlife resource and public-use assessments are made by the Commission and until the area is formally established under Rule 68A-14.001, F.A.C. Lands closed by executive order shall remain closed to the taking or possession of wildlife and freshwater fish for a period of time not to exceed one year. Lands closed pursuant to this subsection shall be posted as closed to the taking of wildlife and freshwater fish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS. History–New 8-1-79, Formerly 39-4.07, Amended 10-28-97, Formerly 39-4.007, Amended 6-23-99, 7-1-08.

Fla. Admin. Code R. 68A-4.0071 Access Prohibited on Certain Areas

Public access and/or vehicular access is prohibited on lands managed by the Florida Fish and Wildlife Conservation Commission (FWC) that are temporarily closed by administrative action because of public safety concern due to disasters, severe weather, severe weather forecasts and/or effects of weather on the area. To the extent circumstances permit, public notice of such closures shall be afforded through the FWC website, media and in-the-field posting. The closure shall not exceed 14 days unless approved by the Executive Director.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS. History–New 7-1-07.

Fla. Admin. Code R. 68A-4.008 Taking Wildlife on Roads and Rights-of-Way Prohibited

(1) It shall be unlawful to take or attempt to take wildlife (except for the collection of amphibians or reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) on, upon or from the right-of-way of any federal, state or county-maintained road whether paved or otherwise. Taking or attempting to take wildlife (except for the collection of amphibians and reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) while such wildlife is on or upon the right-of-way of any federal, state or county-maintained road whether paved or otherwise, is prohibited.

(2) Federal, state or county-maintained roads may be specifically excepted by Commission order. Requests for the exception of certain roads from the provisions herein shall be made by formal action taken at a public meeting of the County Commission, and may be granted upon affirmation by the County Commission that the following criteria have been met:

(a) Roads or portions thereof subject to exception shall be unpaved, and shall not be scheduled for paving for at least three (3) years from the date of request.

(b) Roads or portions thereof subject to exception shall be no less than two (2) uninterrupted linear miles in length.

(c) No exception shall be made for any portion of road which lies within 3/10 of a mile of any dwelling, church, school, commercial building or other occupied structure, or which lies adjacent to the boundary of any property, the owner or lessee of which objects to the proposed exception.

(d) Roads or portions thereof excepted under the provisions herein shall be posted, at the expense of the County Commission, with signs at intervals of 500 feet or as otherwise directed by the Commission and shall include the phrase: “Right of Way Hunting permitted: The ________ County Commission and the Florida Fish and Wildlife Conservation Commission.”

(e) A determination that the exception would not endanger the public, livestock, crops or other property.

Prior to final action by the Commission, the Commission staff shall furnish a recommendation on the proposed exception to the County Commission which shall review it before a public meeting and then advise the Commission of any public comments or concerns.

(3) All federal, state or county-maintained roads within wildlife management areas are open to the taking of wildlife except perimeter roads adjacent to or outside of such management areas. Federal, state or county-maintained roads within management areas may be closed to taking wildlife by use of a gun by specific management area regulation.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-83, Formerly 39-4.08, Amended 6-11-87, 6-7-88, 6-15-89, Formerly 39-4.008, Amended 5-1-03, 3-25-12, 7-1-13.

Fla. Admin. Code R. 68A-4.0081 Hunting Prohibited on Certain Water Control District Roads; Closing Procedure

(1) Roads constructed, maintained and controlled by a water control district operating under provisions of Chapter 298, F.S., may be closed to hunting in the following manner.

(a) The district board of supervisors shall request such action by formal resolution, accompanied by a map clearly identifying each road affected.

(b) Upon receipt of the request, the executive director shall investigate to ensure that such action would not result in unreasonable denial of lawful hunting or would unreasonably encroach upon the rights of contiguous property owners.

(c) Upon a satisfactory finding, and approval of the Commission, the district board of supervisors shall at their expense erect and maintain notices at the entrance and exit of each affected road in a manner adequate to notify the public of such closure.

(2) The prohibitions of subsections 68A-4.008(1) and (2), F.A.C., shall apply to such district roads of the following:

(a) Joshua Water Control District – DeSoto County.

(b) County Line Drainage District – Lee County.

(d) Flagler Estates Road and Water Control District – St. Johns and Flagler Counties.

(e) Ranger Drainage District – Orange County.

(f) Coquina Water Control District – Okeechobee County (Peavine Trail and East Line Road only.)

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-85, Amended 5-10-87, 1-6-94, 12-25-95, Formerly 39-4.081, 68A-4.081.

Fla. Admin. Code R. 68A-4.009 Black Bear Conservation

(1) No person shall take, possess, injure, shoot, collect, or sell black bears or their parts or to attempt to engage in such conduct except as authorized by Commission rule or by permit from the Commission.

(2) The Commission will issue permits authorizing intentional take of bears when it determines such authorization furthers scientific or conservation purposes which will benefit the survival potential of the species or to reduce property damage caused by bears. For purposes of this rule, activities that are eligible for a permit include:

(a) Collection of scientific data needed for conservation or management of the species;

(b) Taking bears that are causing property damage when no non-lethal options can provide practical resolution to the damage, and the Commission is unable to capture the bear.

(3) The Commission authorizes members of the public to take a bear in an attempt to scare a bear away from people using methods considered non-lethal. Staff shall authorize specific methods and situations that qualify for this authorization at http://MyFWC.com/bear/.

(4) The Commission will provide technical assistance to land owners and comments to permitting agencies in order to minimize and avoid potential negative human-bear interactions or impacts of land modifications on the conservation and management of black bears. The Commission will base its comments and recommendations on the goals and objectives of the approved Florida Black Bear Management Plan. The plan can be obtained at http://MyFWC.com/bear/.

(5) Bear Management Units (BMUs), as further defined in the Florida Black Bear Management Plan, are the following geographical portions of the state:

(a) West Panhandle BMU – The counties of Escambia, Holmes, Okaloosa, Santa Rosa, and Walton.

(b) East Panhandle BMU – The counties of Bay, Calhoun, Franklin, Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla, and Washington.

(d) North BMU – The counties of Baker, Columbia, Duval, Hamilton, Nassau, Suwannee, and Union.

(e) Central BMU – The counties of Alachua, Bradford, Brevard, Clay, Flagler, Lake, Marion, Orange, Putnam, Seminole, St. Johns, Sumter, and Volusia.

(f) South Central BMU – The counties of Charlotte, De Soto, Glades, Hardee, Highlands, Hillsborough, Indian River, Manatee, Martin, Okeechobee, Osceola, Pinellas, Polk, Sarasota, and St Lucie.

(g) South BMU – The counties of Broward, Collier, Hendry, Lee, Miami-Dade, Monroe, and Palm Beach.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV., Sec. 9, Fla. Const., 379.1025 FS. History–New 8-23-12, Amended 7-29-15, 9-16-25.

Fla. Admin. Code R. 68A-4.081 Hunting Prohibited on Certain Water Control District Roads; Closing Procedure

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-85, Amended 5-10-87, 1-6-94, 12-25-95, Formerly 39-4.081, Transferred to 68A-4.0081.

Chapter 68A-5 LICENSES AND PERMITS: ISSUANCE AND REVOCATION

Fla. Admin. Code R. 68A-5.001 Issuance of Statutory Licenses, Stamps and Permits; Issuance of Duplicates

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-5.01, Amended 6-1-86, 10-30-89, 12-25-95, Formerly 39-5.001, Repealed 3-23-09.

Fla. Admin. Code R. 68A-5.004 General Regulations Relating to Licenses, Permits and Other Authorizations

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.408 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-5.04, Amended 4-19-90, 6-20-90, 4-20-93, Formerly 39-5.004, Repealed 3-24-13.

Fla. Admin. Code R. 68A-5.005 Quota Hunt Permits and Special-Opportunity Permits – Application; Selection; Issuance

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354(4)(f) FS. History–New 7-1-85, Formerly 39-5.05, Amended 6-1-86, 5-10-87, 4-13-88, 7-1-89, 4-11-90, 4-14-92, 6-1-97, 4-12-98, 6-23-99, Formerly 39-5.005, Amended 5-13-02, 7-28-02, 5-1-03, 7-1-04, 3-15-05, 3-30-06, Repealed 5-1-09.

Fla. Admin. Code R. 68A-5.006 Designation of Free-Freshwater Fishing Days; License Requirements and Regulation Compliance

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take freshwater fish for noncommercial purposes during “Free-Freshwater Fishing Days” without obtaining or possessing a license as otherwise required by that section. “Free-Freshwater Fishing Day-Spring” is hereby designated as that period, commencing at 12:01 a.m. and ending 11:59 p.m. on the first Saturday and Sunday in April, and “Free-Freshwater Fishing Day-Summer” is hereby designated as that period, commencing at 12:01 a.m. and ending at 11:59 p.m. on the second Saturday and Sunday in June, or such other period as may be specified by order of the Commission. Any person taking or attempting to take freshwater fish during said periods shall comply with all other laws or regulations governing the holders of freshwater fishing licenses, and all other conditions and limitations regulating the taking of freshwater fish as are imposed by law or rule.

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const., 379.1025, 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 6-20-90, Amended 2-25-99, Formerly 39-5.006, Amended 5-2-12, 1-7-14.

Chapter 68A-6 CAPTIVE WILDLIFE

Fla. Admin. Code R. 68A-6.001 Captive Wildlife Definitions

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to the possession of wildlife in captivity, in accordance with Chapter 68A-6, F.A.C. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) Basic first aid – medical attention administered immediately after the injury occurs and at the facility or location where it occurred, consisting of a one-time, short-term treatment, and requiring little technology or training to administer. Examples include, but are not limited to, bandaging and cleaning of minor cuts and scrapes.

(2) Conviction/convicted – any judicial disposition other than acquittal or dismissal.

(3) Elevated platform or perching area – surface or structure, either natural or manmade, positioned above the floor, or above the grade level of the cage or enclosure, that will provide a resting area for the animal(s).

(4) Employee – any person working under a permit or license holder or at a licensed or permitted facility, whether paid or unpaid.

(5) Escape-proof – all potential escape routes, to include but not limited to windows, vents, gaps, cracks and doors, are secured in a manner to prevent escape.

(6) Free-handling – the act of physical contact with venomous reptiles without the use of hooks, tongs, tools, specialized gloves, or other standard handling equipment.

(7) Gnawing and chewing items – natural or artificial materials that provide for the health of teeth, so as to, keep teeth sharp, wear down enamel and promote general oral hygiene. Gnawing items include, but are not limited to, logs and trees. Chewing items include, but are not limited to, woody stems, knuckle bones, and rawhide objects; suitability dependent upon species.

(8) Handling – the act of physical contact with venomous reptiles with the use of hooks, tongs, tools, specialized gloves, or other standard handling equipment.

(9) Lock/locked – a device operated by a key, combination, key card or other locking mechanism approved by the Commission to prevent unauthorized intrusion and make the primary enclosure, secondary containment or building(s) inaccessible to unauthorized personnel.

(10) Native – a species, subspecies or isolated populations of species or subspecies that occur naturally in Florida or that has been reintroduced into its historic range, rather than occurring in Florida as a result of accidental or deliberate introduction by humans.

(11) Open air habitats or moated areas – areas enclosed by Commission-approved fences, walls, or moats which provide safe keeping of species specified in this chapter.

(12) Original floor area – the total square footage required for the initial number of animals specified. For example, this is calculated by finding the new total area required for 4 squirrel monkeys when the original floor area equals 20' for 1 or 2 animals (4' x 5' x 5' high). For each additional animal, there is an increase in cage or enclosure size by 25 percent of original floor area. For two additional monkeys: 25% x 20' x 2 animals = 10'; add 10' to 20' = 30 total square feet of floor area required for 4 monkeys. New cages or enclosures can be 6' x 5' x 5' high, or any width/length dimension that equals or exceeds the increased cage or enclosure space.

(13) Paddocks – areas enclosed by fencing, railing or other Commission-approved structures which allow animals to graze or browse.

(14) Primary enclosure – any structure or device used to directly confine wildlife to a limited amount of space including, but not limited to, cages, pits, paddocks, moated areas and other enclosures.

(15) Reptile enclosures – areas encompassed by smooth walls or other Commission-approved materials which provide safe keeping of venomous and non-venomous snakes, crocodilians and other reptiles.

(16) Sale/sell – the transfer of property or other things to a buyer for an agreed price. The term shall include all lesser acts related thereto, such as attempting to sell, offering to sell, to barter, exchange, trade, or auction.

(17) Secondary containment – a secondary means of containing wildlife which surrounds or encompasses the primary cage or enclosure and is designed to contain wildlife that has escaped the primary cage or enclosure including, but not limited to, rooms, outbuildings or perimeter fences.

(18) Serious bodily injury – injury to any person which consists of a physical condition that causes death, creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(19) Shelter, nest box or den – a structure that protects captive wildlife from the elements (weather conditions). Such structures may vary in size depending on the security and biological needs of the species. They are particularly described as follows:

(a) Shelter – A structure which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal. When vegetation and landscaping is available to serve as protection from the elements, access to a shelter shall also be provided during inclement weather conditions. Such shelter shall be attached to or adjacent to the paddock, habitat, or enclosure.

(b) Nest box or den – An enclosed shelter that provides a retreat area within, attached to, or adjacent to a cage or enclosure of specified size, which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal.

(20) Supervision – Regulating and monitoring a process, activity or task.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS. History–New 12-31-16, Amended 9-30-19, 1-11-23.

Fla. Admin. Code R. 68A-6.0011 Possession of Wildlife in Captivity; Permit Requirements

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History–New 6-21-82, Amended 7-5-84, Formerly 39-6.011, Amended 6-1-86, 5-10-87, 4-13-88, 12-19-89, 7-1-90, 4-20-93, Formerly 39-6.0011, Amended 8-27-09, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.002 Classes of Captive Wildlife

(1) The Commission hereby establishes the following categories of wildlife including their taxonomic successors and subspecies thereof:

(a) Class I:

Chimpanzees (genus Pan)
Gorillas (genus Gorilla)
Gibbons and Siamangs (family Hylobatidae)
Drills and mandrills (genus Mandrillus)
Orangutans (genus Pongo)
Baboons (genus Papio)
Gelada baboons (genus Theropithecus)
Snow leopards (Panthera uncia)
Leopards (Panthera pardus)
Jaguars (Panthera onca)
Tigers (Panthera tigris)
Lions (Panthera leo)
Bears (family Ursidae)
Rhinoceros (family Rhinocerotidae)
Elephants (family Elephantidae)
Hippopotamuses (family Hippopotamidae)
Cape buffalos and Gaur (family Bovidae)
Crocodiles (except dwarf and Congo) (family Crocodylidae)
Gavials (family Gavialidae)
Black caimans (Melanosuchus niger)
Komodo dragons (Varanus komodoensis)
Hyenas and Aardwolf (family Hyaenidae)
Cougars, panthers (Puma concolor)
Cheetahs (Acinonyx jabatus)

(b) Class II:

Howler monkeys (genus Alouatta)
Uakaris (genus Cacajao)
Mangabeys (genus Cercocebus)
Guenons (genus Cercopithecus)
Patas monkeys (genus Erythrocebus)
Vervet, Grivet or Green monkeys (genus Chlorocebus)
Sakis (genus Chiropotes and Pithecea)
Guereza monkeys (genus Colobus)
Idris (genus Indri)
Macaques and Celebes black apes (genus Macaca)
Langurs (genus Presbytis)
Douc langurs (genus Pygathrix)
Snub-nosed langurs (genus Phinopithecus)
Proboscis monkeys (genus Nasalis)
Servals (Leptailurus serval)
European and Canadian lynx (Lynx lynx)
Bobcats (Lynx rufus)
Caracals (Caracal caracal)
African golden cats (Profelis aurata)
Temminck’s golden cats (Profelis temmincki)
Fishing cats (Prionailurus viverrina)
Ocelots (Leopardus pardalis)
Clouded leopards (Neofelis nebulosa)
Wolves, coyotes, jackals (family Canidae)
Indian dholes (Cuon alpinus)
African hunting dogs (Lycaon pictus)
Wolverines (Gulo gulo)
Honey badgers (Mellivora capensis)
American badgers (Taxides taxus)
Old World badgers (Meles meles)
Binturongs (Arctictis binturong)
Dwarf crocodiles (Osteolaemus tetraspis)
Alligators, caimans (family Alligatoridae)
Ostrich (Struthio camelus)
Cassowary (Casuarius spp.)
Giraffe and Okapi (family Giraffidae)
Tapir (family Tapiridae)
Wild cattle; forest, woodland and aridland antelope; and similar species of non-native hoofstock (family Bovidae).

Such non-native hoofstock to include: Forest buffalo, Banteng, Anoa, Waterbuck, Wildebeest, Hartebeest, Eland, Kudu, Nilgai, Bongo, lechwe, Roan and Sable antelope, Sitatunga, Bontebok, Blesbok, Topi, Kob, Addax, Oryx, Gemsbok, and other wild species of the family Bovidae which are of similar size, habits and nature.

(c) Class III: All other wildlife not listed herein, except those for which a permit is not required pursuant to Rule 68A-6.003, F.A.C.

(d) Hybrids resulting from the cross between wildlife and domestic animal, which are substantially similar in size, characteristics and behavior so as to be indistinguishable from the wild animal shall be regulated as wildlife at the higher and more restricted class of the wild parent.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 12-3-79, 6-4-81, 6-21-82, Formerly 39-6.02, Amended 6-1-86, 7-1-90, 7-1-92, 9-15-96, Formerly 39-6.002, Amended 8-27-09, 9-30-19.

Fla. Admin. Code R. 68A-6.0021 Possession or Transfer of Class I Wildlife as Personal Use Wildlife

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 379.3711, 379.372, 379.3761, 379.3762 FS. History–New 6-21-82, Formerly 39-6.021, Amended 6-1-86, 4-11-90, Formerly 39-6.0021, Amended 8-27-09, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0022 Possession of Class I, II, or III Wildlife in Captivity: Permit Requirements

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History–New 7-1-90, Amended 7-1-90, 7-1-91, 2-1-98, Formerly 39-6.0022, Amended 4-30-00, 1-1-08, 8-27-09, 7-8-10, 4-5-18, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0023 General Regulations Governing Possession of Captive Wildlife; Public Contact; Transfer of Wildlife and Record Keeping Requirements

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.1025, 379.303, 379.304 FS. History–New 7-1-90, Amended 2-1-98, Formerly 39-6.0023, Amended 8-27-09, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0024 Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.373, 379.374 FS. History–New 2-1-08, Amended 8-27-09, 6-7-10, 12-6-10, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0025 Sanctuaries; Retired Performing Wildlife and Identification

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921 FS. History–New 8-27-09, Amended 12-6-10, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.003 Permit Requirements and Exceptions

(1) Except as otherwise provided in this Title, no person shall possess any native or non-native wildlife in captivity except as authorized by permit issued in accordance with Section 379.3761 or 379.3762, F.S., and as provided in this chapter.

(2) No permit shall be issued to any other entity for a facility of which the current permittee is an owner, officer, director, principal, employee, or agent or in which the current permittee holds any interest, when either:

(a) The Commission has notified the current permittee in writing that revocation or non-renewal proceedings have been or will be brought against the permit, until such time as final administrative action is rendered; or

(b) The current permittee has been arrested, charged, indicted, or has appealed the conviction of a crime which is a violation of any provision of Chapter 379 or 828, F.S., or rules of the Commission, or other similar laws or rules in this or any jurisdiction that relate to the subject matter of the license, permit or authorization, until such time as final criminal disposition is rendered.

(3) Any person whose permit is revoked or non-renewed as provided for in subsection 68-1.010(2), F.A.C., shall be subject to the following provisions:

(a) Such person shall have ninety (90) days after the final administrative disposition to lawfully dispose of all captive wildlife previously authorized under the revoked or non-renewed permit . Except as provided in paragraph (3)(b), sale, if sale was previously authorized under the permit, or transfer of such wildlife shall be authorized within the lawful disposition period for the purposes of complying with this rule.

(b) The facility and wildlife previously authorized under the revoked or non-renewed permit may not be sold or otherwise transferred to any entity within Florida of which such person is an owner, officer, director, principal, employee, or agent or in which such person holds any interest.

(c) Records of final disposition for all wildlife must be maintained for one (1) year and provided to the Commission within thirty (30) days after the ninety (90) day lawful disposition period. Such records shall include the following:

The common and scientific name of each species.
The number of individual animals of each species.
Documentation of final disposition.
If transferred or sold, the full name, address, and Florida captive wildlife license ID (if applicable) of the recipient.
The date of transfer, sale, or other disposition.

(d) The Commission shall have the authority to verify the final disposition of wildlife previously authorized under the revoked or non-renewed permit, including inspection by officers of the Commission, pursuant to Section 379.304, F.S.

(e) Such person shall not conduct exhibition or sale of any captive wildlife regulated under Chapter 68A-6, F.A.C., on the behalf of any other person or any other facility or permittee, including but not limited to as an employee, agent, or volunteer, whether paid or unpaid, for a period of three (3) years following final administrative action.

(4) Any employee authorized or permitted as qualified personnel on a corporation’s license in accordance with paragraph 68A-6.004(2)(e) or subparagraph 68A-6.017(3)(a)4., F.A.C., whose authorization or permit is revoked or non-renewed as provided for in subsection 68-1.010(2), F.A.C., shall not continue to have involvement with the care, feeding, handling, or husbandry of any wildlife authorized or permitted under the corporation’s license following final administrative action.

(5) Persons possessing any captive wildlife for purposes of public display or sale shall obtain a permit as specified in Section 379.3761, F.S.

(6) Class I wildlife shall not be possessed for personal use, except as follows:

(a) Any Class I wildlife possessed for personal use on August 1, 1980, shall be eligible for a permit in accordance with the provisions for Class II wildlife. Any Class II wildlife possessed as personal use wildlife in accordance with Section 379.3762, F.S., that is uplisted to Class I upon the effective date of Rule 68A-6.002, F.A.C., shall be eligible for a permit in accordance with the provisions of Class II wildlife. No other Class I wildlife shall be transferred or kept for personal use.

All Class I wildlife possessed for personal use in accordance with the provisions for Class II Wildlife, shall be permanently identified by means of tattoo, brand, passive integrated transponder (PIT tag), photographic identification, or other method that clearly and permanently identifies that particular specimen so as to be distinguished from other specimens of the same species.

a. For photographic identification the photograph of the specimen must include sufficient distinguishing characteristics (marks, scars, and patterns, etc.) to enable that particular specimen to be distinguished from other specimens of the same species.

b. Record of identification including PIT tag numbers where applicable, along with information about the specimen being identified (species, method of identification, specimen name or number, gender and age) must be maintained in the possessor’s records for as long as the specimen is possessed. Such records shall be made available for inspection, upon request, of commission personnel. A copy of such record shall be provided to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, upon annual renewal of the license issued in accordance with Section 379.3761, F.S., and authorizing possession of such wildlife.

Effective Date: All permanent identification requirements in this rule shall not take effect until January 1, 2010.

(b) Persons possessing Class I wildlife for personal use shall comply with all provisions of this chapter relating to the personal use of wildlife.

(7) Persons possessing Class II wildlife as personal use wildlife shall purchase a permit as provided in Section 379.3762, F.S.

(8) Persons possessing Class III wildlife as personal use wildlife shall obtain a no-cost permit from the Executive Director.

(9) Any person engaging in the business of breeding or the purchase or sale of exotic birds or birds customarily kept as pets shall be licensed as provided in Section 379.3761, F.S.

(10) The provisions of this chapter shall not apply to entities operating solely as research facilities, which are registered and regulated as such in accordance with Animal Welfare Act (7 U.S.C. 2131, et. seq.) and regulations promulgated thereunder, provided the following requirements are met:

(a) Such facilities must maintain on premises a detailed research proposal which shall state with particularity the research objectives, methodology, and study duration, and outline planned safeguards to assure proper containment of the wildlife. Maintain an annual record of progress toward the research project objectives. Such research proposal and record of progress shall be available for inspection upon request of Commission personnel.

(b) Such facilities housing wildlife must maintain such wildlife in cages or enclosures which meet the structural requirements as specified in Rules 68A-6.010 and 68A-6.011, F.A.C.

(11) The provisions of this chapter shall not apply to persons possessing the following non-native wildlife species exclusively for the purpose of production of meat, skins or hides, feathers or progeny thereof, and not for personal possession or public display or exhibition:

(a) Ostrich

(b) Cassowary

(d) Emu

(e) Bison

(12) No permit shall be required for the sale of poultry, hamsters, guinea pigs, domestic rats and mice, gerbils, or chameleons (Anolis).

(13) Fox, skunks, bats, raccoons, or whitetail deer taken from the wild shall not be possessed as personal use wildlife and shall be possessed only in accordance with permits issued under Rules 68A-9.002, 68A-9.006, F.A.C., or Section 379.3761, F.S.

(14) No permit shall be required to possess the following wildlife for personal use, unless possession of a species is otherwise regulated by other rules of the Commission:

(a) Reptiles or amphibians (nonvenomous, unprotected)

(b) Gerbils, hedgehogs

(d) Rats and mice

(e) Moles; shrews

(f) Rabbits

(g) Squirrels; chipmunks

(h) Ferrets (domestic; European)

(i) Guinea pigs

(j) Hamsters

(k) Prairie dogs

(l) Chinchillas

(m) Shell parakeets

(n) Canaries

(o) Lovebirds

(p) Cockatiels

(q) Parrots

(r) Finches

(s) Myna birds

(t) Toucans

(u) Doves; ringed, ruddy, and diamond

(v) Button quail

(15) A violation of the provisions of this rule shall constitute a ciolation of Section 379.4015, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-6.03, Amended 6-1-86, 7-1-90, 7-1-92, 2-1-98, Formerly 39-6.003, Amended 1-1-08, 1-8-08, 8-27-09, 11-8-10, 12-6-10, 9-30-19, 6-20-22.

Fla. Admin. Code R. 68A-6.004 Possession of Class I, II, and III Wildlife: Permit Application Criteria

(1) Permits to possess wildlife in captivity, issued pursuant to Section 379.3761 or 379.3762, F.S., and the provisions of this chapter, shall authorize the keeping of captive wildlife, of the type and number specified in applications approved by the Commission, in accordance with law and Commission rules. Captive wildlife maintained under permit shall, unless otherwise authorized, be maintained only at the facility specified in the permit application and approved by the Commission.

(2) Qualification requirements for a permit to possess Class I or Class II wildlife:

All applicants shall qualify for permits as follows:

(a) Age Requirement: Applicants to possess Class I or Class II wildlife shall be at least 18 years of age.

(b) Applicants shall not have been convicted of any violation of captive wildlife regulations or venomous reptile or reptile of concern regulations involving unsafe housing of wildlife or that could potentially endanger the public; any violation involving the illegal commercialization of wildlife; any violation involving cruelty to animals; or any violation involving importation of wildlife within three (3) years of the date of application.

Applicants shall demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1,000 hours) in the care, feeding, handling and husbandry of the species for which the permit is sought, or other species, within the same biological family (except crocodilians which shall be in the same biological order; ratites which shall be in the same biological sub-order; and cougars, panthers or cheetahs which shall remain at the genus level), which are substantially similar in size, characteristics, behavior, habits, care and nutritional requirements to the species for which the permit is sought.
For purposes of demonstrating compliance, applicants shall submit documentation of such experience, including:

a. A description of the specific experience acquired.

b. The dates and times the experience was obtained and the specific location(s) where acquired.

c. References of no less than two (2) individuals, no more than one of which may be a relative of the applicant, having personal knowledge of the applicant’s stated experience. One of these references must be licensed by the commission for wildlife of the same family and the same or higher class for which the applicant is seeking authorization or a representative of a professional organization or governmental institution. Examples of such organizations or institutions include, but are not limited to, universities, public service agencies, zoological associations, herpetological societies and veterinarians.

d. Additional documentation may include records of prior permits for the keeping of captive wildlife, employment records, and any other competent documentation of the requisite experience.

Documented educational experience in zoology or other relevant biological sciences, obtained at the college or technical school level or above, may substitute for up to six months or 500 hours of the required experience.
Providing false information to document the applicant’s experience, by the applicant or any reference, is prohibited as provided in Sections 837.012 and 837.06, F.S.

(d) Experience and examination requirements for Class II permits:

Applicants may qualify for a permit for Class II wildlife by documenting one year of experience (to consist of no less than 1000 hours) as defined in subparagraphs 68A-6.004(2)(c)1.-4., F.A.C., above. If the applicant is unable to document such experience, as an alternative, the applicant may take a written examination. The successful completion of a written examination for the particular species or family, administered by the Division of Law Enforcement, together with the documentation of not less than 500 hours of substantial practical experience (with documentation and compliance procedures as noted in subparagraphs 68A-6.004(2)(c)1.-4., F.A.C., above) in the care, feeding, handling and husbandry of the species or family for which the permit is sought may be substituted for the one-year/1,000-hour requirement. Upon receipt of an application, the Commission shall notify the applicant of the time and place of the next examination. Applicant scoring at least 80 percent correct on the examination shall be deemed as meeting the examination requirement for the particular species or family.
The above requirements shall not apply to applicants for permits to possess ostriches, rheas, emus, cassowaries or coyotes when possessed for purposes other than public exhibition or personal use.
The above requirements shall not apply to applicants for permits to possess species of the family Bovidae in accordance with Sections 379.3711 and 379.3712, F.S.

(e) Any licensed corporation applying for a permit or authorized to possess Class I or Class II wildlife must have qualified personnel responsible for the care of such wildlife. The corporation must provide documentation of experience for at least one person. Such person shall comply with the requirements defined in subparagraphs 68A-6.004(2)(c)1.-4. and (d)1., F.A.C., above. Such documentation of experience shall be submitted to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, and subject to approval upon initial application and upon each instance of change in qualified person.

(f) Any person authorized pursuant to Section 379.3761, F.S., to exhibit or sell Class I wildlife shall obtain and maintain a current and valid USDA license, where applicable, pursuant to the Animal Welfare Act and Animal Welfare Regulations of Title 9 CFR (effective Janurary 2017, which is hereby incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-11137). Such USDA license shall be obtained within 180 days of initial licensing by the Florida Fish and Wildlife Conservation Commission. Failure to obtain and maintain a current and valid USDA license may result in denial or revocation of any Class I authorizations issued by the Florida Fish and Wildlife Conservation Commission.

(3) Class I or II wildlife permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess Class I or II wildlife shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(d) The complete facility address where the wildlife is located to include city, state, and zip code.

(e) Whether the facility is owned or leased by the applicant, unless otherwise exempt pursuant to subsection 68A-6.010(4), F.A.C. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant.

(f) The county or counties where the facility is located.

(g) The size (in acres) of the property on which the facility is located, unless otherwise exempt pursuant to subsection 68A-6.010(4), F.A.C.

(h) The current inventory of Class I and II wildlife possessed, identified by species and quantity. If no Class I or II wildlife is currently possessed, then the planned inventory shall be provided, identified by species.

(i) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(4) Qualification requirements for a permit to possess Class III wildlife:

(a) Age Requirement: Applicants to possess Class III wildlife shall be at least 16 years of age.

(b) Applicants for permits to possess capuchin, spider, or woolly monkeys shall meet the age, experience and examination requirements for authorization to possess Class II wildlife in subsection 68A-6.004(2), F.A.C.

(c) Applicants shall be able to provide satisfactory caging facilities as required in the standard caging requirements of this chapter, within 30 days of notification of tentative approval for a permit.

(d) Applicants shall ensure that the conditions under which the wildlife will be held shall not constitute a threat to the public or to the animal.

(5) Class III permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess Class III wildlife shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(d) The complete facility address where the wildlife is located to include city, state, and zip code.

(e) The county or counties where the facility is located.

(f) The current inventory of Class III wildlife possessed, identified by species and quantity. If no Class III wildlife is currently possessed, then the planned inventory shall be provided, identified by species.

(g) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(h) Applicants for permits to possess Class III wildlife as a hobbyist or for commercial use shall provide their current or planned type of commercial activity.

(i) Applicants for permits to possess Class III wildlife for personal use shall satisfactorily answer questions developed by the Commission to demonstrate knowledge of general husbandry, nutritional needs, and behavioral characteristics of the species requested.

(j) Applicants for permits to possess Class III wildlife for personal use shall provide the planned inventory, identified by species and quantity, and the name, address, and license number (if the sale or transfer takes place in Florida) of the source of their wildlife.

(6) Except as otherwise provided, applicants for permits to possess wildlife in captivity shall specify the location of the facility at which the wildlife shall be kept or possessed. Prior to the issuance of a permit for Class I, Class II, or Class III capuchin, spider or woolly monkeys, such facility shall be inspected and approved by Commission personnel prior to the issuance of the permit.

(7) Disaster and Critical Incident Plans: Applicants for permits to possess wildlife in captivity as authorized pursuant to Section 379.3761 or 379.303, F.S., or the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Provisions of this subsection shall apply to permittees maintaining captive wildlife in Florida. Such course of action shall be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. All employees and volunteers at the facility are to be familiarized with the emergency plan. Such course of action shall include the following information:

(a) The name, business name (if applicable), physical address, and personal or business phone number for an emergency contact who does not reside at the facility location. Such individual may be responsible for assisting with emergency response or may assist in providing contact information for the permittee in the event of a critical incident or disaster. Such information shall be submitted to the Commission at the time of initial or renewal application.

(b) The name, business name (if applicable), physical address, and personal or business phone number for the veterinarian used to provide veterinary services for wildlife maintained at the facility. Such information shall be submitted to the Commission at the time of initial or renewal application.

(c) Emergency plan specifying the plan of action to be taken in the event of an emergency (natural disaster, fire, etc.) and critical incident. Plan shall specify pre-event, event, and post-event actions, including action plan for securing wildlife on site, evacuation of wildlife, location and contact information for temporary housing, length of stay at temporary housing, and re-entry to facility.

(d) A list of chemical capture equipment (including drugs, delivery systems, and supplies) and location where equipment is stored, if applicable.

(e) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize chemical capture equipment, if applicable.

(f) A list of physical capture equipment (i.e., nets, catch poles, gloves, hooks, tongs, etc.) and location where equipment is stored.

(g) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize physical capture equipment.

(h) A list of equipment utilized to temporarily house and transport wildlife (including transport cages and vehicles) and location where equipment is stored.

(i) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize temporary housing and transport equipment.

(j) A schematic or graphic depiction of the facility, including the following:

Site plan of the facility.
Location of access point to facility if access is controlled by fences, gates, etc.
Location of area(s) where captive wildlife is kept.
Location of supplies (i.e., food, medicines, capture equipment, etc.).
Location of each electricity and gas shutoff switch/valve.

(k) Emergency supply checklist, including food, water, medical supplies, generator(s), ice, or other miscellaneous supplies, if applicable.

(l) Location of storage and/or contact information for obtaining supplies.

(m) Current animal inventory, identified by species and quantity, and any identifying methods (microchip numbers, tattoos, marks, scars, etc.).

(n) For permittees where the facility is located out of state, the provisions of this subsection shall apply when such permittee is in travel status in Florida with Class I or Class II wildlife. In this instance, information as specified in paragraphs (c)-(m) above must accompany the Class I or Class II wildlife while in travel status in Florida and shall describe the course of action to be taken in the event of a critical incident or natural disaster in Florida.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304 FS. History–New 8-1-79, Amended 6-22-80, 6-4-81, Formerly 39-9.03, Amended 6-21-82, Formerly 39-6.04, Amended 5-10-87, 4-13-88, 7-1-90, 9-1-90, 4-14-92, 2-1-98, Formerly 39-6.004, Amended 1-1-08, 8-27-09, 9-30-19, 8-23-22, 7-17-23.

Fla. Admin. Code R. 68A-6.0041 Exceptions to Standard Caging Requirements for Captive Wildlife

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.302, 379.303, 379.3711FS. History–New 7-1-90, Amended 7-1-92, 2-1-98, Formerly 39-6.0041, Amended 8-27-09, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0042 Elephant Rides

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 2-1-98, Formerly 39-6.0042, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.005 Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee

(1) Because the possession of wildlife in accordance with Section 379.3761, F.S., is commercial in nature any person permitted to possess wildlife per Section 379.3761, F.S., except hobbyist possessors of Class III wildlife, shall demonstrate consistent and sustained commercial activity in the form of exhibition or sale of such authorized wildlife. For the purposes of this section a “hobbyist” is defined as one whose primary purpose for possession of such Class III wildlife is personal enjoyment but may occasionally exhibit or sell such wildlife. Consistent and sustained commercial activity may be demonstrated by the following examples of business procedures including, but not limited to:

(a) A regular media advertising campaign, or Internet website;

(b) Signs, billboards or flyers advertising commercial wildlife services or operations;

(d) Written business is conducted on printed letterhead, indicating the name of the company or business;

(e) Documented exhibition of wildlife to the public, with or without a charge;

(f) Sale of wildlife including any lesser acts thereof as defined in Rule 68A-1.004, F.A.C.

(2) It is unlawful to exhibit venomous reptiles to the public without having posted a performance bond as listed below.

(a) A valid performance bond payable to the Florida Fish and Wildlife Conservation Commission shall be submitted at the time of initial license application and upon renewal. The licensee shall notify the Florida Fish and Wildlife Conservation Commission in writing within 5 calendar days if the performance bond expires, is cancelled or revoked, or for any other reason becomes invalid. The notification in writing may be delivered by fax at (850)414-8212, or by mail or hand delivery to Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600. The terms of the performance bond shall include the following:

The exhibitor shall indemnify and save harmless the injured party if an injury occurs or other damage results from exhibited reptiles.
The exhibitor shall fully comply with all laws of the state and rules of the commission governing the capturing, keeping, possessing or exhibiting of venomous reptiles.
The performance bond shall be for the duration of not less than the duration of the licensing period.

(b) In lieu of a surety bond, a person may submit a cash bond to the Florida Fish and Wildlife Conservation Commission to satisfy the performance bond requirement. Such payment shall be in the sum of $10,000 and may be in the form of cash, cashier’s check, or certified check. In the instance of a check, such instrument shall be made payable to the Florida Fish and Wildlife Conservation Commission. Such cash bond shall be refunded to the exhibitor in instances of non-issuance or denial of the initial license application; or the exhibitor has submitted a request for refund to include a notarized statement that they no longer exhibit venomous reptiles.

An injury occurs or other damage results from exhibited reptiles and the exhibitor fails to indemnify and save harmless the injured party, or
The exhibitor fails to fully comply with all laws of the state and rules of the commission governing the capturing, keeping, possessing or exhibiting of venomous reptiles.

(d) The exhibition of venomous reptiles in the absence of a current and valid performance bond, payable to the Florida Fish and Wildlife Conservation Commission, in the sum of $10,000 is prohibited.

(3) It is unlawful to possess Class I wildlife without having guaranteed financial responsibility. The following methods of payment will satisfy the financial responsibility requirement:

(a) A valid performance bond payable to the Florida Fish and Wildlife Conservation Commission in the sum of $10,000, in compliance with and as noted in paragraph 68A-6.005(2)(a), F.A.C., above. The terms of the performance bond shall include the following:

The possessor shall indemnify and save harmless the injured party if an injury to the public occurs, including accidental death, or other property damage occurs from the Class I wildlife.
The possessor shall indemnify and save harmless the Florida Fish and Wildlife Conservation Commission for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of Class I wildlife.
The performance bond shall be for the duration of not less than the duration of the licensing period.

(b) Cash, cashier’s check, or certified check in the sum of $10,000. In the instance of a check such instrument shall be made payable to the Florida Fish and Wildlife Conservation Commission. Such cash bond shall be refunded to the possessor of Class I wildlife in instances of non-issuance or denial of the initial license application; or the possessor has submitted a request for refund to include a notarized statement that they no longer possess Class I wildlife.

(c) Irrevocable letter of credit issued by a bank, savings and loan, credit union or other similar state or federally chartered financial institution, payable to the Florida Fish and Wildlife Conservation Commission in the sum of $10,000.

(d) In lieu of the $10,000 financial responsibility guarantee any person possessing Class I wildlife may maintain comprehensive general liability insurance with minimum limits of $2 million per occurrence and $2 million annual aggregate as shall protect the possessor of Class I wildlife from claims for damage for personal injury, including accidental death, as well as claims for property damage which may arise. The insurance policy shall be for a duration of not less than the duration of the licensing period. A current Certificate of Insurance evidencing proof of insurance maintained by the possessor of Class I wildlife in such amounts as required by this section, including terms, coverage and expiration date, shall be submitted at the time of initial application and upon renewal. The licensee shall notify the Florida Fish and Wildlife Conservation Commission in writing within 5 calendar days if the insurance policy expires, is cancelled or revoked, or for any other reason becomes invalid. The notification in writing may be delivered by fax at (850)414-8212, or by mail or hand delivery to Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(e) The performance bond or financial responsibility guarantee in the sum of $10,000, or any portion thereof, will be forfeited to the Florida Fish and Wildlife Conservation Commission if:

An injury to the public, including accidental death, or other property damage results from Class I wildlife and the possessor of such Class I wildlife fails to indemnify and save harmless the injured party, or
Class I wildlife is taken into custody or seized by commission personnel. In instances where Class I wildlife is seized or taken into custody by the Commission the permittee shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of the wildlife.

(f) The possession of Class I wildlife in the absence of a current and valid performance bond, payable to the Florida Fish and Wildlife Conservation Commission, in the sum of $10,000, or a financial responsibility guarantee in the sum of $10,000, or a current and valid comprehensive general liability insurance with minimum limits of $2 million per occurrence and $2 million annual aggregate is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304 FS. History–New 8-1-79, Amended 6-22-80, 6-4-81, Formerly 39-9.03, Amended 6-21-82, Formerly 39-6.05, Amended 5-10-87, 2-1-98, Formerly 39-6.005, Amended 8-27-09, 6-7-10, 9-30-19.

Fla. Admin. Code R. 68A-6.006 Sanctuaries; Retired Performing Wildlife

(1) Only a corporation that is licensed in accordance with Section 379.3761, F.S., and exempt from taxation under section 501(a) of the Internal Revenue Code and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such code, may operate a wildlife sanctuary for captive wildlife. For the purposes of this section a “wildlife sanctuary for captive wildlife” is defined as a facility established for the sole purpose of providing lifetime care for unwanted or infirmed captive wildlife. Such wildlife sanctuary for captive wildlife shall be operated in compliance with the provisions of Chapter 68A-6, F.A.C., and this section.

(a) Each wildlife sanctuary for captive wildlife must maintain and have available for inspection proof of current status as a Florida registered not-for-profit corporation and proof of current exemption from taxation under section 501(a) of the Internal Revenue Code and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such code.

(b) Acts which perpetuate the commercial trade in wildlife, including the trade, sale, offering for trade or sale, breeding except as authorized herein, or buying of captive wildlife or parts thereof, by any such wildlife sanctuary for captive wildlife are prohibited.

(c) Full or incidental contact between the public and such captive wildlife as defined in Rule 68A-6.016, F.A.C., is prohibited.

(d) All wildlife maintained by such sanctuary for captive wildlife shall be permanently identified by means of tattoo, brand, passive integrated transponder (PIT tag), photographic identification, or other method that clearly and permanently identifies that particular specimen so as to be distinguished from other specimens of the same species.

For photographic identification the photograph of the specimen must include sufficient distinguishing characteristics (marks, scars, and patterns, etc.) to enable that particular specimen to be distinguished from other specimens of the same species.
Record of identification including PIT tag numbers where applicable, along with information about the specimen being identified (species, method of identification, specimen name or number, gender and age) must be maintained in the possessors records for as long as the specimen is possessed. Such records shall be made available for inspection, upon request, of commission personnel. A copy of such record shall be provided to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, upon annual renewal of the license issued in accordance with Section 379.3761, F.S., and authorizing possession of such wildlife.

(e) Rare, endangered or otherwise protected specimens of wildlife may be transferred for breeding purposes in instances where such breeding program clearly enhances the survival potential of the species.

(f) Any sanctuary possessing Class I wildlife as listed in Rule 68A-6.002, F.A.C., must meet the bonding or financial responsibility guarantee requirements of paragraphs 68A-6.005(3)(a)-(f), F.A.C.

(2) Any person licensed in accordance with Section 379.3761, F.S., who possesses performing wildlife that due to its age or physical condition may no longer perform, may retain such retired performing wildlife for the purposes of providing lifetime care for said wildlife. Such retired performing wildlife shall be permanently identified and records maintained and submitted as prescribed in subparagraphs (1)(d)1.-2., above.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 379.303, 379.304, 379.3762 FS. History–New 6-21-82, Formerly 39-6.06, 39-6.006, Amended 9-30-19.

Fla. Admin. Code R. 68A-6.007 Elephant Rides

(1) No person, firm, or corporation shall use elephants for rides without first obtaining written authorization from the Commission. Such authorization shall be applied for annually with the license issued under Section 379.3761, F.S. and subsection 68A-6.004(c), F.A.C.

(2) Definitions: For the purposes of this rule, the following shall be defined as:

(a) Safety incident ‒ any incident involving the elephant that causes injury or death of any person or animal.

(b) Free contact ‒ contact in which there are no barriers between a person and the elephant.

(3) Qualifications for elephant ride authorization.

(a) Identification: Applicants for elephant ride authorization shall include in their application identifying information including photographic identification and other information that clearly identifies the elephant(s) to be used in the rides. The identifying information must allow the Commission to identify the individual elephant(s) being used in the rides so as to be distinguished from other elephants. Photographs of each elephant must be updated at each application and shall include a full view of the front and both sides of the elephant.

(b) Safety record: The application shall include a notarized statement which details the complete safety record and documents all of the known safety incidents or escapes involving the elephant identified in the ride authorization request. No elephant that has ever caused a safety incident shall be used for rides. In addition, licensees are required to notify the Commission immediately if an elephant escapes containment or is involved in a safety incident subsequent to the approval of the application. Any elephant involved in a safety incident, regardless of location, shall not be allowed to have any contact with the public in Florida and all ride authorizations will be immediately suspended until an investigation and review of the incident by the Commission is completed. After reviewing the findings of the investigation, the Commission shall render a determination concerning the continuation or termination of such ride authorization or the authorization of any qualified handler or assistant to operate the elephant ride. Such determination shall consider the following:

If the safety incident was not caused by the elephant, it shall not result in termination of the elephant ride authorization or public contact.
If the safety incident was not caused by and could not have been prevented by the handler or assistant, it shall not result in termination of the handler or assistant’s authorization.

(c) Notification: Licensee shall notify the Commission no less than 24 hours prior to conducting elephant rides at a location other than a facility authorized to possess elephants. Notification shall consist of an itinerary which shall include dates, times, and locations that elephant rides will be conducted. Licensees shall not be required to notify the Commission if these rides were previously submitted on the itinerary required as part of their application for licensure under Section 379.3761, F.S.

(d) Emergency response: A tethering device and firearm shall be present at all sites where elephant rides are available. Applicants shall have a written emergency response plan to ensure public safety. This plan shall be available onsite and at all times elephant rides are occurring for inspection by Commission personnel. Emergency response plan and preparation shall include:

Measures for protecting the public which specify what to do in case of an elephant safety incident, including where tethering devices and firearms are kept. If the plan includes tranquilizing equipment, their location must also be included. The plan must also include a list of onsite personnel authorized to use the tethering devices, tranquilizing equipment and/or firearms, and when such equipment, devices and/or firearms shall be used to capture, control, or destroy escaped or out-of-control animals. All tranquilizing equipment, tethering devices and/or firearms are subject to inspection by commission personnel to ensure all equipment and/or firearms are operable and sufficient for the intended purpose. The tethering device shall have the ability to be anchored and be within 50 feet of the elephant while conducting rides. The minimum acceptable caliber for the firearm shall be .375 H & H magnum. Personnel authorized in the plan to utilize tranquilizing equipment, tethering devices and/or firearms shall be an employee 18 years of age or older and trained in the use of such devices, equipment and/or firearms.
When an elephant is available for or conducting rides, personnel, equipment, devices and/or firearms shall be on the premises, in close proximity and able to be accessed within 5 minutes. Use and possession of firearms specified in the plan shall be in compliance with Chapter 790, F.S.

(e) Experienced supervision: All elephant rides shall be supervised by a minimum of one qualified handler and one assistant. Both the qualified handler and assistant shall be a minimum of 18 years of age and not have any unsafe captive wildlife conditions or animal neglect or abuse related violations within three years. Applicants shall provide a notarized document at the time of application showing the qualified handler meets the standards below:

A minimum of 1000 hours of free contact experience with the specific animal that he or she will be handling.
The experience must be gained by working with a qualified handler who is currently authorized as a handler for that specific elephant.
The experience hours must include the dates, times, and locations of the training and identifying information of the currently authorized handler. The currently authorized handler must sign the provided experience hours certifying all claimed hours were gained in their presence and with the specific elephant for which they are requesting authorization.
Individuals authorized as qualified handlers on the effective date of this rule are not required to provide additional documentation of experience for the elephants for which they are currently authorized.
Once a handler has been approved for an elephant, they may request additional elephant authorizations by providing an additional 250 hours of free contact experience with each additional elephant in the same manner as stated above.
In their initial and renewal application and upon every change of personnel, applicants shall provide the Captive Wildlife Office with the following information for the requested qualified handlers and assistants:

a. Name,

b. Date of birth, and

c. A copy of a valid government-issued photo ID.

Qualified handlers and assistants shall be approved by the Commission in writing prior to conducting the activity. Such handler shall be in the immediate presence of the elephant at all times when the elephant is in position to be in direct contact with the public. Such handler is determined to be in the immediate presence of an elephant if the handler is in close physical proximity to the elephant and able to instantly exert direct control, if necessary.

(f) For elephant rides open to the general public there shall be a ride area and public barrier as defined below:

The ride area shall be clearly identified with a ring curb or other easily identifiable boundary delineation.
The public barrier shall be a minimum of 44 inches tall from the ground up with gaps no greater than six inches to prevent bystanders from having contact with the animal. The barrier shall be constructed of a manufactured material which creates a continuous and uniform barrier which is anchored or otherwise secured in a manner that maintains the integrity of the barrier. The public barrier shall be no less than five feet from the ride boundary and have clearly visible signs posted every 10 feet which state “Keep Out” in at least 2-inch letters.

(g) Licensees who have had continuous annual authorization for elephant rides since the effective date of this rule shall be allowed to conduct private elephant rides. A private elephant ride shall be prearranged and must have a written contract in place at least 24 hours in advance and not be open to the general public. Only guests or hosts of the contracted event are eligible to engage in elephant rides. Such ride shall utilize two qualified handlers and adequate assistants to prevent bystanders from coming into contact with the elephant and are not required to have an additional barrier.

(4) No person shall intentionally attempt to weaken or breach the integrity of any boundary or barrier.

(5) No person, except the ride participants, qualified handler, or assistant, may come into contact with the elephant while it is conducting a ride.

(6) Full contact is only allowed by the ride participants during the elephant ride. Ride participants shall only come into contact with the elephant’s back and sides.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.373, 379.374 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS. History–New 1-1-08, Amended 1-8-08, 8-27-09, 8-26-10, 12-31-16, 1-1-19, 9-30-19, 5-11-20.

Fla. Admin. Code R. 68A-6.0071 Record Keeping and Reporting Requirements

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374 FS. History–New 1-1-08, Amended 1-8-08, 8-27-09, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.0072 Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS. History–New 1-1-08, Amended 1-8-08, 8-23-10, Repealed 9-30-19.

Fla. Admin. Code R. 68A-6.008 Transfer of Wildlife and Record Keeping Requirements

(1) No person shall possess any wildlife requiring a permit for personal use, or any wildlife for sale or exhibition, without documentation of the source and supplier of such wildlife. Possessors of such wildlife must maintain an accurate record of changes in inventory including acquisitions and sales or transfers of all wildlife. Possessors of Class I or Class II wildlife must also maintain an accurate record of all births and deaths. Such records shall be open to inspection upon request by commission personnel.

(a) Records of births or deaths must include the date of the birth or death and the quantity and species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch or litter.

(b) Records of acquisition must include the date of acquisition; quantity and species of wildlife acquired; name and complete address of the supplier and permit or license identification number of the supplier where applicable.

(2) It shall be unlawful for any person to buy, sell, or transfer any wildlife to or from an unpermitted entity within Florida. No person shall sell or transfer wildlife without documenting such sale or transfer. The record of sale or transfer must be entered in the transferor’s records and made available for inspection upon request of Commission personnel for a period of three years after the sale or transfer.

(a) Records of sale or transfer shall include the date of sale or transfer; quantity and species of wildlife sold or transferred; name and complete address of the recipient; and permit or license identification number of the recipient where applicable.

(b) Records of sale or transfer are not required for wildlife that may be possessed for personal use without a permit as specified in paragraphs 68A-6.003(11)(a)-(v), F.A.C., unless such record keeping requirements are otherwise regulated by other rules of the Commission.

(3) Any person who sells or transfers any live non-native bird to another shall maintain documentation for a period of 24 months following such sale or transfer. Such documentation shall include:

(a) The name and complete address of the recipient.

(b) The date of sale or transfer.

(4) All records of sales or transfers shall be open to inspection by Commission personnel and to authorized agents of state or federal public health agencies.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.009 General Regulations Governing Possession of Captive Wildlife

(1) No person shall maintain captive wildlife in a manner which results in any of the following:

(a) An unsanitary condition;

(b) An unsafe condition;

(d) Maltreatment, neglect, or injury of such wildlife;

(e) An injury to a person as specified in subsection 68A-6.018(6), F.A.C.;

(f) An escape of wildlife as specified in subsection 68A-6.018(7), F.A.C.

(2) Caging Requirements:

(a) All wildlife possessed in captivity shall, except when supervised and controlled in accordance with subsection (3) hereof, be maintained in cages or enclosures constructed and maintained in compliance with the provisions of this chapter.

(b) Cages or enclosures housing captive wildlife shall be sufficiently strong to prevent escape and to protect the caged animal from injury, and shall be equipped with structural safety barriers to prevent any physical contact with the caged animal by the public, except for contacts as authorized under subsection 68A-6.016(1), F.A.C. Structural barriers may be constructed from materials such as fencing, moats, landscaping, or close-mesh wire, provided that materials used are safe and effective in preventing public contact.

(c) All cages or enclosures shall be completely enclosed to prevent escape, except paddocks, reptile enclosures, and open air habitats specified in this chapter). All outdoor enclosures for non-native venomous reptile species and reptiles of concern shall be topped with close-meshed wire or an equivalent barrier to provide additional security as specified in Rule 68A-6.0171, F.A.C.

(d) Caging considered unsafe or otherwise not in compliance herewith shall be reconstructed or repaired within 30 days after notification of such condition. In the event such condition results in a threat to human safety or the safety of the wildlife maintained therein, the wildlife maintained therein shall, at the direction of the Commission, be immediately placed in an approved facility, at the expense of the permittee, owner, or possessor, until such time as the unsafe condition is remedied. In instances where wildlife is seized or taken into custody by the Commission, said permittee, owner, or possessor of such wildlife shall be responsible for payment of all expenses relative to the animal’s capture, transport, boarding, veterinary care, or other costs associated with or incurred due to such seizures or custody. Such expenses shall be paid by said permittee, owner, or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of Chapter 379 or 828, F.S., or rules of the Commission, or if such violation is disposed of under Section 921.187, F.S. Failure to pay such expenses shall be grounds for revocation or denial of permits to such individuals to possess wildlife.

(3) Sanitation and Nutritional Requirements:

(a) Sanitation, water disposal, and waste disposal shall be in accordance with all applicable local, state, and federal regulations.

(b) Water: Clean drinking water shall be provided daily. Any water containers used shall be clean. Reptiles and amphibians that do not drink water from containers and those in an inactive season or period shall be provided water in a manner and at such intervals as to ensure their health and welfare. All pools, tanks, water areas and water containers provided for swimming, wading or drinking shall be clean. Enclosures shall provide drainage for surface water and runoff.

(c) Food: Food shall be of a type and quantity that meets the nutritional requirements for the particular species, and shall be provided in an unspoiled and uncontaminated condition. Clean containers shall be used for feeding.

(d) Waste: Fecal and food waste shall be removed daily from inside, under, and around cages and stored or disposed of in a manner which prevents noxious odors or pests. Cages and enclosures shall be ventilated to prevent noxious odors.

(e) Cleaning and maintenance: Hard floors within cages or enclosures shall be cleaned a minimum of once weekly. Walls of cages and enclosures shall be spot cleaned daily. The surfaces of housing facilities, including perches, shelves and any furniture-type fixtures within the facility, shall be cleaned weekly, and shall be constructed in a manner and made of materials that permits thorough cleaning. Cages or enclosures with dirt floors shall be raked a minimum of once every three days and all waste material shall be removed. Any surface of cages or enclosures that may come into contact with animal(s) shall be free of excessive rust that prevents the required cleaning or that affects the structural strength. Any painted surface that may come into contact with wildlife shall be free of peeling or flaking paint.

(4) In addition to the standard caging requirements set forth in this chapter, Class I and Class II animals shall be caged in accordance with the following requirements:

(a) All cages or enclosures of Class I and Class II wildlife, and Class III capuchin, spider and woolly monkeys, except paddocks, approved open air habitats, or outdoor reptile enclosures shall be equipped with a safety entrance. A safety entrance is defined as a protected, secure area that can be entered by a keeper that prevents animal escape and safeguards the keeper, or a device that can be activated by a keeper that prevents animal escape and safeguards entry. Such entrances shall include: A double-door mechanism, interconnecting cages, a lock-down area, or other comparable devices, subject to Commission approval, that will prevent escape and safeguard the keeper. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for cage construction for that particular species.

(b) All cages or enclosures constructed of chain link or other approved materials shall be well braced and securely anchored at ground level to prevent escape by digging or erosion. Cages shall be constructed using metal clamps, ties or braces of equivalent strength as the material required for cage construction for the particular species. Cages or enclosures using the ground as flooring must meet the following requirements:

For enclosures housing wildlife species or individual animals which exhibit a behavior of digging or burrowing:

Enclosures shall have a footer or bottom apron constructed of concrete, chainlink or equivalent strength material as specified in this rule for the housing of such wildlife. The footer must be a depth of 3 feet. In the instance of a bottom apron, the bottom apron must be securely attached to the bottom of the enclosure fencing or wall and extend inward into the enclosure a minimum of 3 feet. The bottom apron must be buried to prevent injury to the captive wildlife in the enclosure.

For enclosures affected by erosion:

Measures must be taken to stop the erosion. Such measures may include, but are not limited to, a footer or bottom apron as described above or other measures capable of ensuring the structural integrity of the enclosure and preventing the escape of the captive wildlife.

(5) It is unlawful for any unauthorized person to breach, remove, damage, or dismantle the structural safety barrier of any enclosure, wildlife exhibit, or ride.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 1-11-23.

Fla. Admin. Code R. 68A-6.010 Facility Requirements for Class I and II Wildlife

(1) In order to assure public safety, the facilities for the housing of Class I and Class II wildlife shall meet the requirements of this rule. Compliance with these requirements is a necessary condition for licensure. For the purposes of this rule, a “facility” means the site at which Class I or Class II wildlife are kept or exhibited, except for those locations where the standard caging requirements are exempted under Rules 68A-6.0013, 68A-6.014 and 68A-6.015, F.A.C. Upon receipt of an initial application regarding Class I or Class II wildlife, the Florida Fish and Wildlife Conservation Commission shall notify the county or municipality wherein the proposed facility is to be located of a pending application and provide the information required of applicants below. Current licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorizations shall be considered initial applications for license purposes. Applicants for Class I or Class II wildlife shall provide the following information upon initial application online through http://GoOutdoorsFlorida.com:

(a) Parcel number for the property or properties on which the facility is maintained.

(b) 911 address of the parcel(s) on which the facility is maintained.

(c) Indication whether application(s) for building permits and/or application(s) for the land use or zoning approval have been submitted to the applicant’s local governmental agency.

(d) A project plan or description.

(2) Not withstanding other requirements of this rule, facilities licensed pursuant to this section may be transferred through will, trust or probate proceedings to a lawful heir and such facilities may remain in the same location. Said heir must be qualified to receive the classifications of wildlife applied for and shall complete applications for licenses to receive same. The transfer shall not occur until a final on-site inspection is conducted by Commission personnel and the license is approved and issued.

(3) Facility requirements:

(a) Property ownership/lease:

The facility shall be constructed on property owned or leased by the applicant. If leased the lease shall be for a term of not less than one (1) year from date of application. Such lease shall be subject to initial and annual review and approval by the Commission as a condition of said lease.
If the property is leased, the lessee must have exclusive rights to occupy, possess and use the property with no restrictions that could prevent the lessee from adhering to the eligibility requirements for licensure with no other in holdings or easements.
The existence of any such lease restrictions or termination of the lease shall result in the denial or revocation of the license or permit.

(b) Land area:

Class I wildlife: The facility shall not be constructed on less than five (5) acres.
Class II wildlife: The facility shall not be constructed on less than two and one-half (2 1/2) acres.
The total facility shall not be comprised of more than two (2) parcels of land whether leased, owned or a combination of leased or owned parcels. If more than one parcel, the adjacent parcels must have a minimum of 100 feet common linear boundary.

The facility shall contain a “buffer zone” of not less than thirty-five (35) feet between the caged wildlife and the facility property line.

(d) Perimeter fencing:

Class I wildlife: The cages of the facility shall be bounded by a fence of not less than eight (8) feet high.
Class II wildlife: The cages of the facility shall be bounded by a fence of not less than eight (8) feet high, or as an alternative, a fence of not less than six (6) feet high, with a 2-foot, 45 degree, inward angle overhang.
All vertical fencing and inward angle overhang fencing of the perimeter fence shall be constructed of 11 1/2 gauge chain link or equivalent.

(4) Exemptions:

The following Class I and Class II wildlife are exempt from the facility requirements of paragraphs (3)(a)-(d) as listed above:

(a) Permits authorizing possession of infants only including:

Class I or Class II carnivores until they reach 25 pounds or six (6) months of age, whichever comes first, provided written documentation is available to verify the age of the animal, the animal is marked or otherwise identifiable, and the animal is provided space for exercise on a daily basis.
Class I and II primates until they reach the age of twelve (12) months, provided written documentation is available to verify the age of the animal, the animal is marked or otherwise identifiable, and the animal is provided space for exercise on a daily basis.

(b) Crocodilians four (4) feet in length or less.

(c) Cats: Ocelots (Leopardus pardalis), Servals (Leptailurus serval), Caracals (Caracal caracal), Bobcats (Lynx rufus), African golden cats (Profelis aurata), Temminck’s golden cats (Profelis temmincki), and Fishing cats (Prionailurus viverrina).

(d) Non-human primates: Uakaris (genus Cacajao), Sakis (genus Chiropotes and Pithecea), and Guenons (genus Cercopithecus). Exemption for Guenons (genus Cercopithecus) shall not include Patas monkeys (genus Erythrocebus), De Brazza’s monkey (Cercopithecus neglectus), Blue monkey (Cercopithecus mitis), Preuss’s monkey (Cercopithecus preussi) or any other non-human primate of the genus Cercopithecus of which the species exceeds the normal adult weight of fourteen (14) pounds.

(5) Any Class I or Class II wildlife exempt from meeting the facility requirements of paragraphs (3)(a)-(d) of this rule, must meet the following:

(a) Class I wildlife shall not be possessed in any multi-unit dwellings or on any premises consisting of less than one quarter acre of land area.

(b) Class II wildlife shall not be possessed in multi-unit dwellings unless the dwelling in which they are housed is equipped with private entrance, exit and yard area.

(c) A fence sufficient to deter entry by the public, which shall be a minimum of five (5) feet in height, shall be present around the premises wherein Class I or Class II animals are housed or exercised outdoors.

(6) The above facility requirements relating to land area, buffer zones, and perimeter fencing, shall be effective January 1, 2008, but shall not apply to those facilities licensed to possess captive wildlife species prior to that date. After January 1, 2008, those licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorizations shall be considered new applications for license purposes.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 8-23-22, 7-17-23.

Fla. Admin. Code R. 68A-6.011 Structural Caging Requirements for Class I, II, and III Widllife

Additional requirements for specific species shall be as follows:

(1) Group I – Chimpanzees (over 50 pounds), gorillas, orangutans.

(a) Outdoor facilities – Cage construction materials shall consist of steel bars, two-inch galvanized pipe, masonry block or their strength equivalent.

(b) Indoor facilities – Potential escape routes shall be equipped with steel bars, two-inch galvanized pipe or equivalent in rooms where the wildlife is maintained.

(2) Group II – Chimpanzees (up to 50 pounds), drills, mandrills, baboons, snow leopards, jaguars, tigers, lions, bears.

(a) Outdoor facilities – Cage construction materials shall consist of not less than nine-gauge chain link or equivalent.

(b) Indoor facilities – Potential escape routes shall be equipped with wire or grating of not less than nine-gauge or equivalent.

(3) Group III – Rhinoceros, elephants, hippopotamus, cape buffalos, gaur.

Indoor and outdoor facilities – Construction materials shall consist of steel bars, masonry block or equivalent.

(4) Group IV – Crocodiles, gavials, alligators, caimans, komodo dragons.

Outdoor facilities – Bounded by a fence at least five feet in height of not less than 11 1/2 gauge chain link or equivalent.

(5) Group V – Gibbons, siamangs, patas monkeys, howler monkeys, uakaris, mangabeys, guenons, sakis, guereza monkeys, celebes black apes, indris, macaques, langurs, proboscis monkeys, spider monkeys, woolly monkeys, and capuchin monkeys, leopards, cougars, clouded leopards, cheetahs, ocelots, servals, lynx, bobcats, caracals, African golden cats, Temminck’s golden cats, fishing cats, wolves, coyotes, jackals, Indian dholes, African hunting dogs, aardwolves, binturongs, and Old World badgers.

(a) Outdoor facilities – Construction material shall consist of not less than 11 1/2 gauge chain link or equivalent.

(b) Indoor facilities – Potential escape routes shall be equipped with wire or grating not less than 11 1/2 gauge or equivalent.

(6) Group VI – Wolverines, honey badgers, American badgers, and hyenas.

(a) Outdoor facilities – Cage construction materials shall consist of not less than 9 gauge chain link or equivalent.

(b) Indoor facilities – Potential escape routes shall be equipped with wire or grating of not less than 9 gauge chain link or equivalent.

(7) Group VII – Ostrich, cassowary.

Outdoor facilities – Bounded by a fence of at least six feet in height of not less than 11 1/2 gauge chain link or equivalent.

(8) Group VIII – Class III mammals (except spider, woolly, and capuchin monkeys) and Varanidae (except Komodo dragon), giraffe, okapi, tapir, wild cattle, forest, woodland and aridland antelope; and similar species of non-native hoofstock (family Bovidae). Such non-native hoofstock to include: Forest buffalo, Banteng, Anoa, Waterbuck, Wildebeest, Hartebeest, Eland, Kudu, Nilgai, Bongo, lechwe, Roan and Sable antelope, Sitatunga, Bontebok, Blesbok, Topi, Kob, Addax, Oryx, Gemsbok, and other wild species of the family Bovidae which are of similar size, habits and nature.

(a) Outdoor facilities – Cage construction materials shall consist of not less than 14-gauge wire or strength equivalent material.

(b) Indoor facilities – Rooms may serve as enclosures provided that:

Construction materials equal or exceed the strength equivalent for outside caging.
Potential escape routes are secured, or the animal is supervised to ensure against escape.
The size of the room(s) equals or exceeds that required for cages and enclosures in this chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.012 Standard Caging Requirements for Captive Wildlife

(1) No captive wildlife shall be confined in any cage or other enclosure which contains more individual animals, or is smaller in dimension than as specified in this section, or is not equipped as specified in this section, except as defined in Rule 68A-6.013, F.A.C., or as authorized in accordance with the following:

Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is adequate and if the locomotory needs of the animal(s) are not compromised. Wet or dry moats may be substituted for the required fencing for retaining some species of wildlife. Any proposed deviations from the standard caging or enclosure requirements, or proposals to use wet or dry moats to substitute for fencing, or proposals to use open air habitats except as provided herein, must be approved in writing by the Commission prior to the use of the cage or enclosure for housing animals.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0121 Standard Caging Requirements for Primates

Additional cage or enclosure requirements for primates: In addition to requirements of this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, mirrors or foraging items.

(1) Prosimians:

(a) Small (e.g., bush babies, loris, potto, angwantibo, tarsiers, and mouse, dwarf, forked, marked, and sportive lemurs).

For one or two animals, a cage 3 feet by 3 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosures simultaneously. Each cage shall also have climbing apparatus.

(b) Medium (e.g., lemurs: ruffed, cata, true, gentle, avahi, aye-aye).

For one or two animals, a cage 4 feet by 5 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that will accommodate all animal(s) in the enclosure simultaneously. Each cage shall also have climbing apparatus.

For one or two animals, a cage 6 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that will accommodate all animal(s) in the enclosure simultaneously. Each cage shall also include climbing apparatus.

(2) New World Monkeys:

(a) Tamarins and Marmosets.

For one or two animals, a cage 3 feet by 3 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that will accommodate all animal(s) in the enclosure simultaneously. Each cage shall also include climbing apparatus.

(b) Squirrels, titis, owls, talapoins and similar sized monkeys.

For one or two animals, a cage 4 feet by 5 feet, 5 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching areas and nest box(es) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have climbing apparatus.

For one or two animals, a cage 6 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have climbing apparatus.

(d) Large arboreal monkeys (e.g., howlers, spiders, woolly, woolly spider).

For one or two animals, a cage 6 feet by 6 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that will accommodate all animal(s) in the enclosure simultaneously. Each cage shall also have horizontal climbing apparatus.

(3) Old World Monkeys:

(a) Macaques, guenons, mangabeys, patas, languars, colobus, proboscis, simakobu, snub-nosed, and similar sized monkeys.

For one or two animals, a cage 6 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(b) Baboons, mandrills and drills.

For one or two animals, a cage 10 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(4) Apes:

(a) Gibbons and siamangs.

For one or two animals, a cage 8 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.
Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

(b) Chimpanzees and orangutans.

For one animal under 50 pounds, a cage 8 feet by 6 feet, 6 feet high. For each additional animal double the original floor area. For one or two animals over 50 pounds, a cage 20 feet by 12 feet, 8 feet high. For each additional animal, increase cage size by 50 percent of original floor area.
Each cage shall have perching area(s) and shelter(s) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.
Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

For one or two animals, a cage 28 feet by 24 feet, 10 feet high. For each additional animal, increase cage size by 50 percent of original floor area.
Each cage shall have a platform(s) large enough to accommodate all animals simultaneously; such platform(s) shall be elevated three feet. Each cage shall also have shelter(s) large enough to accommodate all animals in the enclosure simultaneously.
Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0122 Standard Caging Requirements for Wild Felines

In addition to requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/nest box(es) large enough to accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, bones, barrels, drums, rawhide, pools, etc.

(1) African and Asian lions; tigers.

(a) For one or two animals, a cage 24 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animal(s) simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

(c) Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang, or jump walls at least 12 feet high, without an overhang. The inward angle fencing shall be made of the same material as the vertical fencing. Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained.

(2) Jaguars, leopards, and cougars.

(a) For one or two animals, a cage 20 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

(c) Outdoor cages over 1,000 square feet (uncovered) for cougars shall have vertical jump walls at least 10 feet high, with a 4-foot, 45 degree, inward angle overhang. Leopards and jaguars shall not be kept in uncovered enclosures except in facilities with wet or dry moats, which have been previously approved in writing by the Commission.

(3) Lesser cats (e.g., bobcats, lynx, ocelots, caracal, serval, margay, fishing cats, jungle cats, Teminick’s cats, golden cats).

(a) For one or two animals, a cage 12 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(4) Small cats (e.g., Geoffroy’s cats, jaguarundis, leopard cats, wildcats (Felis silvestris), mountain cats, pampas cats, marbled cats, pallas’ cats, sand cats, oncilla/tiger cats, black-footed cats, flat-headed cats, kodkods, rusty-spotted cats.)

(a) For one or two animals, a cage 6 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(5) Cheetahs.

(a) For one or two animals, a cage 40 feet by 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0123 Standard Caging Requirements for Wild Canids

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/den(s) that shall accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to boxes, balls, bones, barrels, drums, rawhide, pools, etc.

(1) Foxes, small (e.g., Fennec, kit).

(a) For one or two animals, a cage 6 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

(2) Foxes (e.g., red, grey, Arctic, bat eared, bush dogs).

(a) For one or two animals, a cage 8 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

(3) Wolves (e.g., gray wolf, except red wolf, maned wolf, hyenas, African wild dogs, Cape hunting dogs).

(a) For one or two animals, a cage 20 feet by 10 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

(c) Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high, with a 45 degree inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang.

(4) Coyotes, jackals, Asian wild dogs, red wolf, dingoes.

(a) For one or two animals, a cage 20 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

(c) Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high with a 45 degree, inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0124 Standard Caging Requirements for Bears

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s) that shall accommodate all animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to boxes, balls, bones, barrels, drums, climbing apparatus, foraging items, etc.

(1) Black bears, Asiatic, sloth, spectacled.

(a) For one animal, a cage 20 feet by 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) for resting. Each cage shall have a 4 foot by 6 foot pool of water, 3 feet deep.

(2) Sun bears.

(a) For one animal, a cage 20 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) for resting. Each cage shall have a 3 foot by 4 foot pool of water, 2 feet deep.

(3) Brown bears (e.g., European, grizzly, Kodiak) and polar bears.

(a) For one animal, a cage 24 feet by 32 feet, 10 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have an elevated platform(s) for resting. Each cage shall have a 6 foot by 10 foot pool of water, 4 feet deep, except for polar bears, which shall have a 10 foot by 10 foot pool, 5 feet deep.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0125 Standard Caging Requirements for Procyonids, Red Pandas, and Mustelids

(1) Raccoons, coati-mundis, olingos, kinkajous, ringtail (cacomistles).

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, mirrors, climbing apparatus, foraging items, etc.

(a) For up to two animals, a cage 6 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosure simultaneously.

(2) Pandas (red).

In addition to the requirements for this section, each cage or enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to ensure the well-being of the species. Each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, climbing apparatus, foraging/browse items, pools of water, etc.

(a) For one animal, a cage 10 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have perching area(s) that will accommodate all animals in the enclosure simultaneously.

(3) Badgers, weasels and polecats, skunks, fishers, ferrets, otters, wolverines, minks, martins, civets, genets, mongoose, and binturong.

(a) Small (e.g., ferrets, weasels, polecats, skunks).

For one or two animals, a cage 5 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.
Each cage shall be equipped with chewing items.

(b) Arboreal (e.g., martins, fishers, genets, small or medium civets.).

For one or two animals, a cage 6 feet by 4 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.
Each cage shall be equipped with perching areas, climbing apparatus, and chewing items.

For one or two animals, a cage 6 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.
Each cage shall have chewing items and an area of sufficient depth to provide for digging.

(d) Large (e.g., wolverine, binturong, African civet).

For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(e) Aquatic (e.g., common river otters, sea otters, giant river otter). For sea otters, specifications will be as required by Federal regulations, incorporated herein by reference as found in Title 9 C.F.R., Chapter I Part 3, Subpart E (effective beginning June 1979, which is adopted and herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-11139).

For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.
Each cage shall have a 8 foot by 4 foot pool of water, 2.5 feet deep. For each additional animal, increase pool size by 25 percent of original pool area. Dry resting areas shall be provided.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0126 Standard Caging Requirements for Rodents, Rabbits, Hedgehogs, Tenrecs, and Solendons

(1) Rodents.

(a) Small aquatic rodents (e.g., Florida water rat, muskrat).

For one or two animals, a cage 4 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.
Each cage shall have a pool of water, 2 feet by 2 feet, 1 foot deep.
Each cage shall have gnawing items.

(b) Medium aquatic rodents (e.g., nutria, mountain beaver).

For one or two animals, a cage 8 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.
Each cage shall have a pool of water, 3 feet by 2 feet, 2 feet deep.
Each cage shall have gnawing items.

For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.
Each cage shall have a 6 foot by 8 foot pool of water, 3 feet deep. For each additional animal, increase the pool size by 25 percent of original floor area.
Each cage shall have gnawing items.

(d) Large rodents (e.g., porcupines, cavies, paca, pacarana, agoutis).

Cavies, paca, pacarana, agoutis and similar sized ground dwelling rodents.

a. For one or two animals, a cage 6 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Each cage shall have gnawing items.

South and North American porcupines.

a. For one to two animals, a cage 8 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have gnawing items, perching areas and climbing apparatus.

Old World porcupines (e.g., crested, bush tailed, and similar sized animals).

a. For one to two animals, a cage 8 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have gnawing items and browse. Each cage shall also have perching areas and climbing apparatus except for crested porcupines.

(e) Squirrels and tree shrews.

Arboreal squirrels/tree shrews.

a. For up to two animals, a cage 4 feet by 4 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have climbing apparatus and gnawing items.

Terrestrial squirrels.

a. Small prairie dogs, chipmunks.

(I) For up to two animals, a cage 3 feet by 3 feet, 2 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(II) Each cage shall have gnawing items.

b. Large (e.g., marmots, ground hogs).

(I) For up to two animals, a cage 4 feet by 4 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(II) Cage floors shall have an area of sufficient depth that provides for digging. Each cage shall have gnawing items.

(2) Wild rabbits, hares, and picas.

(a) For up to two animals, a cage 6 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(b) Each cage shall have gnawing items.

(3) Hedgehogs, tenrecs, and solendons.

(a) For one or two animals, a cage 2 feet by 2 feet, 2 feet high. For each additional animal, increase the cage length by 50 percent.

(b) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0127 Standard Caging Requirements for Marsupials

In addition to requirements of this section, each enclosure shall be equipped with a shelter(s) or nest box(es) that shall accommodate all the animals in the enclosure simultaneously. When vegetation or landscaping is available to serve as protection from the elements, access to a shelter shall also be provided during inclement weather conditions. Such shelter shall be attached to or adjacent to the paddock, habitat, or enclosure. Each paddock, habitat, or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, browsing and grazing material.

(1) Kangaroo (e.g., red, grey).

For one or two animals, a paddock enclosing 625 square feet, 8 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

(2) Walleroos and large wallabies (e.g., rock wallabies, and similar sized species).

For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

(3) Hare wallabies, forest wallabies (e.g., dama, potorros, rat kangaroos, and similar sized species).

For one or two animals, a paddock enclosing 100 square feet, 6 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

(4) Tree kangaroos (arboreal).

(a) For one or two animals, a cage or enclosure 10 feet by 8 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(5) Ringtail opossums, gliders, pygmy possums, brushtail possums, cuscus, bandicoots.

(a) Small (e.g., pygmy opossums).

For one or two animals, a cage or enclosure 2 feet by 2 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor space.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

(b) Gliders (e.g., sugar glider, Family Petauridae).

For one or two animals, a cage or enclosure 4 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

For one or two animals, a cage or enclosure 4 feet by 3 feet, 3 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

(d) Cuscuses and brushtail possums (Phalangeridae).

For one or two animals, a cage or enclosure 4 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

(e) Bandicoots.

For one or two animals, a cage or enclosure 4 feet by 3 feet, 3 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(6) Marsupial carnivores (Dasyuridae).

(a) Small (e.g., 3 striped marsupial mouse).

For one or two animals, a covered cage or enclosure 1 foot by 2 feet, 1 foot high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Large (e.g., Tasmanian tiger cat, Tasmanian devil, marsupial cat).

For one or two animals, a cage or enclosure 4 feet by 6 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(7) American (New World) opossums/possums and honey possum.

(a) Small (e.g., mouse opossums, honey possum: Tarsipes rostratus).

For one or two animals, a cage or enclosure 2 feet by 2 feet, 2 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(b) Large (e.g., American, yapok, four-eyed, woolly, bushy-tailed, and similar sized animals).

For one or two animals, a cage or enclosure 4 feet by 4 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.
Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(8) Wombats.

For one or two animals, a cage, enclosure, or paddock 10 feet by 10 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(9) Koalas.

Indoor facilities with natural light sources such as windows and skylights shall be provided. Temperature extremes shall be avoided. The ambient temperature shall not be lower than 550 F nor exceed 850 F.

(a) For one or two animals, a cage, or enclosure, 8 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(b) Each cage shall have perching area(s) and horizontal climbing apparatus.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0128 Standard Caging Requirements for Armadillos, Pangolins, Anteaters, and Sloths

(1) All armadillos except giant armadillo.

(a) For one or two animals, a cage or enclosure, 4 feet by 4 feet, 4 feet high. For each additional animal, increase the cage length by 25 percent.

(b) Cage floors shall include an area of sufficient depth to provide for digging. Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

(2) Giant armadillo.

(a) For one or two animals, a cage 10 feet by 12 feet, 6 feet high. For each additional animal, increase the cage length by 25 percent.

(b) Cage floors shall include an area of sufficient depth to provide for digging. Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

(3) Pangolin.

(a) For one or two animals, a cage 10 feet by 10 feet, 8 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(b) Cage floors shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. A pool or tub of water shall be provided that shall accommodate the animal(s). Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

(4) Anteaters and aardvarks.

(a) Small anteaters.

For one or two animals, a cage 8 feet by 8 feet, 6 feet high. For each additional animal, increase the cage length by 25 percent.
Cage floors shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. Each cage shall be provided with arboreal nest box(es) that shall accommodate all animals in the enclosure simultaneously.

(b) Giant anteaters and aardvarks.

For one or two animals, a cage 10 feet by 12 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.
Cage floor shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

(5) Sloth (e.g., two-toed and three-toed).

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, natural or artificial trees, tree limbs, etc. Each cage shall have a shelter(s) or den(s) or nest box(es).

(a) For one or two animals, a cage 4 feet by 6 feet, 8 feet high. For each additional animal, increase the cage length by 25 percent.

(b) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus large enough to accommodate all animals in the enclosure simultaneously.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0129 Standard Caging Requirements for Bats

(1) Bats with a wingspread from 2-6 feet.

(a) For up to 6 animals, an enclosure 21 feet by 21 feet, 6 feet high. Each enclosure shall be designed to encourage uninterrupted flight by incorporating a center structure to impede cross flights. The available flight area shall be no less than 1.5 times the wingspread of the largest bat in the enclosure. The center structure may incorporate nest boxes, feeding stations, trees, resting shelves, perches, columns, etc. For each additional animal, increase the enclosure size by 15 percent of the original floor area.

(b) Each cage shall have perching areas and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have climbing apparatus.

(2) Bats with a wingspread less than 2 feet.

(a) The enclosure shall be large enough to permit aerial maneuvering within the enclosure.

(b) Each cage shall have perching areas and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have climbing apparatus.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01210 Standard Caging Requirements for Cervids, Bovids, and Suids

In addition to the enclosure requirements for this paragraph, each enclosure shall have a shelter(s).

(1) Cervids (deer family) and cursorial bovids (antelope).

(a) Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size).

For one or two animals, a paddock enclosing 1,250 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(b) Medium (e.g., white-tailed, fallow, axis, sika, pronghorn, deer and antelope of similar size).

For one or two animals, a paddock enclosing 800 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

For one or two animals, a paddock enclosing 450 square feet, 5 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(2) Large non-cusorial bovids (e.g. wild cattle, African buffalo, bison).

For one or two animals, a paddock enclosing 1,250 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(3) Wild swine (Suidae) and peccaries.

For one or two animals, a paddock enclosing 200 square feet, 4 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01211 Standard Caging Requirements for Equids, Camelids, Giraffids, Tapirs, Wild Goats and Sheep

In addition to the enclosure requirements for this paragraph, each enclosure shall have a shelter(s).

(1) Equids (e.g., zebras, asses).

For one or two animals, a paddock enclosing 1,250 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(2) Camelids (e.g., vicuna and guanaco).

For one or two animals, a paddock enclosing 800 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(3) Giraffes, okapi.

For one or two animals, a paddock enclosing 1,500 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(4) Tapirs.

(a) For one or two animals, a paddock enclosing 500 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(b) Each enclosure shall have a pool of water, 60 square feet, 3 feet deep, equipped with a ramp or steps. For each additional animal, increase pool surface area by 25 percent of original area.

(5) Wild goats/sheep (Caprinae) (e.g., musk ox, goral, serow, takin).

For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01212 Standard Caging Requirements for Elephants

(1) Non-performance.

For one animal in a non-performing static facility, a paddock enclosing 1,500 square feet, 6 feet high, with access to a shelter. For each additional animal, increase paddock size by 50 percent of the original area. Elephants which are tethered within such enclosure shall be provided with daily unrestrained movement periods, unless daily tethering is necessary due to the following situations:

(a) Elephant needs restraining due to a training period,

(b) Elephant is aggressive toward people or other animals in the compound,

(d) Elephant is restrained for security or breeding purposes,

(e) Constant tethering shall not exceed 14 days without a written justification from a veterinarian. Tethering shall permit normal postural movement of the elephant.

(2) Performing.

(a) For one performing animal, a paddock enclosing not less than 700 square feet, 6 feet high, with access to a shelter. For each additional performing animal, increase paddock size by 50 percent of the original area. Elephants may be tethered in such enclosure; however, such restraint shall permit normal postural movements.

(b) No facility shall utilize the performing elephant paddock dimensions prior to written approval by the Commission. To obtain such approval, the permittee shall provide written documentation to the Commission of exercise intervals and scheduled performances. The exercise intervals shall be of such frequency, intensity and duration as to provide for the health and welfare of the animal over an extended period. Such information shall be verifiable by Commission personnel through inspections.

(c) When not kept in a paddock, performing, or being exercised, elephants shall either be (1) tethered, or (2) enclosed by an electric fence under the direct, on site, supervision of at least one qualified trainer/handler (see Rule 68A-6.007, F.A.C., in an area not accessible to the public.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01213 Standard Caging Requirements for Rhinoceroses and Hippopotamuses

(1) Rhinos.

(a) For one animal, a paddock enclosing 1,500 square feet, 5 feet high. For each additional animal, increase the paddock by 50 percent of original paddock area.

(b) Access to a shelter shall be provided.

(2) Hippopotamus (e.g., Nile and pygmy).

(a) Nile.

For one animal, a paddock enclosing 1,500 square feet, 5 feet high, with a pool of water, 120 square feet, 5 feet deep, equipped with a ramp or steps. For each additional animal, increase paddock and pool surface area by 50 percent of original area.
Access to a shelter shall be provided.

(b) Pygmy.

For up to two animals, a paddock enclosing 600 square feet, 4 feet high, with a pool of water 80 square feet, 3 feet deep, equipped with a ramp or steps. For each additional animal, increase paddock and pool surface area by 25 percent of original area.
Access to a shelter shall be provided.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01214 Standard Caging Requirements for Reptiles and Amphibians

(1) Reptiles.

In addition to requirements for this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to ensure the well-being of the species. The environment or devices shall be non-injurious, and may include, but are not limited to ambient temperature, hot rocks, artificial lights, natural sunlight and heat strips. Each enclosure shall be provided with a non-injurious substrate, including but not limited to gravel, newspaper, processed wood shavings, rocks, sand, or indoor-outdoor carpet. Arboreal species of snakes or lizards shall be provided with a perch of sufficient height to allow for such specimen to perch or bask without any portion of its body or tail touching the floor, sides or roof of the enclosure. Enclosure sizes for all snakes or lizards shall be based on the total length of the longest specimen in the enclosure.

(a) Snakes and glass lizards.

Snakes, except as otherwise provided, and glass lizards:

For up to two specimens, a cage or enclosure having a perimeter equal to the length of the longest specimen, the width of the cage shall be ten inches or not less than 30 percent of the length of the longest specimen which ever is greater, and enclosure shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.

Blood pythons or large constrictors that exceed 12 feet upon maturity: Boas, pythons, or anacondas.

a. Specimens up to 5 feet in length.

For up to two specimens, a cage or enclosure 2.5 feet by 1 foot. For each additional specimen increase perimeter by 10 percent. Constrictors of this size possessed for exhibition or sale are exempt from this minimum cage requirement but shall meet the requirements as indicated for snakes and glass lizards.

b. Specimens 5 feet to 12 feet in length.

For up to two specimens, a cage or enclosure with a perimeter equal to 1.25 times the length of the longest specimen. The width of the cage shall not be less than 30 percent of the length of the longest specimen and shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.

c. Specimens greater than 12 feet in length.

For up to two specimens, a cage or enclosure with a perimeter equal to the length of the longest specimen. The width of the cage shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.

(b) Lizards (other than glass lizards).

Lizards up to 6 inches in length. For one or two lizards, a cage or enclosure 12 inches by 8 inches, 6 inches high. For each additional lizard, increase enclosure size by one inch in length and width.
Lizards 7 to 12 inches in length.

For one or two lizards, a cage or enclosure 20 inches by 10 inches, 12 inches high. For each additional lizard, increase size by two inches in length and width.

Lizards 13 to 24 inches in length.

For one or two lizards, a cage or enclosure 30 inches by 12 inches, 12 inches high. For each additional lizard, increase size by three inches in length and width.

Lizards 25 to 36 inches in length.

For one or two lizards, a cage or enclosure 48 inches by 16 inches, 20 inches high. For each additional lizard, increase size by 10 inches or 25 percent in length and width.

Lizards 37 inches to 6 feet in length.

For one or two lizards, a cage or enclosure 6 feet by 3 feet, 4 feet high. For each additional lizard, increase size by 25 percent of the original floor area.

Lizards over 6 feet in length.

For one or two lizards, a cage or enclosure 9 feet by 6 feet, 4.5 feet high. For each additional lizard, increase the size by 25 percent of original floor area.

Each enclosure for turtles, tortoises and box turtles shall have a pool of water. The pool area shall equal no less than two (2) times the shell width by two (2) times the shell length. For turtles, other than tortoises and box turtles, such pool shall allow submersion of the largest turtle. For soft-shelled turtles, a non-abrasive pool bottom is required. Enclosure and pool sizes for all turtles, tortoises and box turtles shall be based upon the size of the largest specimen in the enclosure.

Turtles (other than tortoises and box turtles):

For one or two turtles, an enclosure with an area at least five times the shell length by two times the shell width of the largest turtle. The pool area shall equal no less than two times the shell width, by two times the shell length of the largest turtle. A dry resting area equal to the size of the shell of the largest turtle shall be provided. For each additional specimen, increase original floor area and pool area by 10 percent.

Tortoises and box turtles:

For one or two tortoises or box turtles, an enclosure with a floor area 10 times the shell size of the largest specimen in the enclosure. For additional specimens, the combined area covered by all their bodies shall not exceed 50 percent of enclosure area.

(d) Crocodilians.

For one animal, an enclosure of sufficient size to permit moving and turning both on a dry area and in a pool of water, the water being of sufficient depth to permit submersion.
For additional animals, the combined area covered by all their bodies shall not exceed 50 percent of enclosure area.

(e) Amphibians. Aquatic amphibians shall be kept in water filled tanks, or aquaria. Semi-aquatic amphibians shall be kept in enclosures, tanks, or aquaria, with a water area and a dry area that shall permit moving and turning. Both the dry area and the water area shall provide room to accommodate all animals in the enclosure simultaneously.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.01215 Standard Caging Requirements for Birds

Perching birds shall be provided with a perch of a diameter sufficient to prevent the meeting of the bird's claws, and of sufficient height to prevent floor contact. Perches and perching areas shall be sufficient to accommodate all birds in the enclosure simultaneously. Perches shall be constructed in a manner and of materials that provide for effective cleaning or replacement to insure the health of the birds. Enclosures shall be provided with shelter(s).

(1) Psittacine and small Passerines:

(a) Large (e.g., large cockatoos, large macaws, including Palm cockatoos, green-winged and similar sized birds).

For one or two birds, a cage providing space sufficient to permit perching without the tail feathers touching the floor and provide for head clearance with normal posturing, with a minimum cage dimension to allow full extension of both wings. These measurements shall be based on the largest bird in the enclosure. For each additional bird, increase perimeter by 25 percent.

(b) Medium (e.g., medium-sized parrots, lories and large conures including Amazons, Patagonian and similar sized birds).

For one or two birds, a cage 18 inches by 18 inches, 2 feet high. For each additional bird, increase perimeter by 25 percent.

For up to four birds, a cage 1 foot by 2 feet, 10 inches high. For each additional bird, increase perimeter by 25 percent.

(d) Very-small (e.g., canaries, finches, and similar-sized birds (except hummingbirds)).

For up to 2 birds, a cage 8 inches by 8 inches, 8 inches high. For each additional bird, increase perimeter by 25 percent.

(e) Hummingbirds and sunbirds.

For up to 5 birds, a cage 4 feet by 2 feet by 2 feet. For each additional bird, increase original floor area by 10 percent.

(f) Small and medium passerine birds (e.g., jays, doves, pigeons, starlings and other similar-sized birds).

For up to two birds, a cage 3 feet by 2 feet, 3 feet high. For each additional bird, increase perimeter by 25 percent.

(g) Large passerine (e.g., ravens, crows, magpies, small hornbills and similar-sized birds).

For up to two birds, a cage 4 feet by 4 feet, 6 feet high. For each additional bird increase original floor area by 25 percent.

(h) Ground hornbills, Indian great hornbills, crowned pigeons and similar sized birds.

For up to three birds, a cage having 144 square feet of floor area, 6 feet high, with a perch elevated 4 feet above the floor.
For each additional bird, increase cage original floor area by 25 percent.

(2) Waterfowl.

(a) Small to Medium (e.g., green-winged teal, mallard and similar sizes ducks, geese).

For up to four birds, a cage with 75 square feet of land area and 7.5 square feet of water area.
For each additional adult bird, increase enclosure and pool size by 25 percent.

(b) Large (e.g., geese, swans, and similar size).

For up to four birds, an enclosure with 150 square feet of land and 15 square feet of water area.
For each additional adult bird, increase enclosure and pool size by 25 percent.

(3) Eagles, hawks, owls, vultures, toucans and toucanets.

(a) For each bird, an enclosure 2 wingspreads by 3 wingspreads. The roof shall be of sufficient height to permit bird to perch erect on the highest perch.

(b) For each additional bird, increase cage length by 50 percent and width by 25 percent.

(4) Large ground-dwelling (e.g., Congo peafowl, Javan peafowl, curassows, wild turkeys, brush turkeys (moundbuilders), large grouse, capricali, and sage hen) (exhibit only).

(a) For up to five birds, a cage having 144 square feet of floor, 6 feet high, with the perch elevated 4 feet above the floor.

(b) For each additional bird, increase original floor area by 10 percent.

(5) Lesser game birds (e.g., pheasants, wild guinea fowl, tragopans, snowcocks, partridge, grouse, chachalacas, guans) (exhibit only).

(a) For up to five birds, a cage having 100 square feet of floor, 6 feet high, with the perch elevated 30 inches.

(b) For each additional bird, increase original floor area 10 percent.

(6) Quail (e.g., bob-white quail, scaled quail, button quail, and other species) (exhibit only).

(a) For a pair, a cage 2 feet by 2 feet, 1 foot high.

(b) For each additional animal, increase original floor area by 10 percent.

(7) Wading birds (e.g., flamingos, ibises, spoonbills, herons, egrets, cranes, storks and their allies) and certain shore birds (plovers and sandpipers).

(a) For up to five, a cage of 144 square feet, with a wading pool of water covering 14 square feet.

(b) For each additional bird, increase original floor area by 25 percent.

(8) Diving, skimming fish-eaters (e.g., pelicans, cormorants, anhinga, frigate birds, gannets, boobies, albatrosses, sheerwaters, petrels, sheepbills).

(a) For up to two birds, a cage of 144 square feet, one half of which will be a pool of water, 18 inches deep.

(b) For each additional bird, increase original paddock area by 25 percent.

(9) Penguins (e.g., Humboldts, Emperor, King, Jackass, etc.), puffins, murres, auks.

(a) Puffins, murres, auks.

For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep. For each additional animal, increase original floor area and pool size by 25 percent.

(b) Penguins-large (e.g., Emperor, King, and southernmost species).

For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep with flowing water, 55-degree Fahrenheit or less. For each additional animal, increase original floor area and pool size by 25 percent.

For up to two birds, a cage of 80 square feet, one half of which shall be a pool of water, two feet deep. For each additional bird, increase original floor area and pool size by 25 percent.

(10) Ratites (e.g., ostrich, rhea, emu, cassowary).

(a) For one or two birds, a paddock enclosing 500 square feet, four feet high (six feet for ostriches) with an attached shaded, protected area.

(b) For each additional bird, increase original paddock area by 25 percent.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.013 Exceptions to Standard Caging Requirements for Captive Wildlife

Wildlife may be temporarily housed in cages or enclosures smaller than the sizes set forth in this Chapter only under the following circumstances:

(1) For transport and for performing and non-performing animals as specified in Rules 68A-6.014 and 68A-6.015, F.A.C.

(2) Wildlife being held for sale by those persons properly licensed pursuant to Section 379.3761 or 379.3711, F.S., or for veterinary care, or quarantine may be temporarily housed or caged in smaller cages or enclosures for a period not to exceed 60 days. With written notification to the Commission, this period may be extended in circumstances where a licensed veterinarian has certified that a longer holding period is medically necessary in the interests of the health, safety and welfare of the subject animals or the public. Medical records concerning all animals for which an extension of the 60-day period is obtained shall be maintained at the facility and shall be made available for inspection, upon request, by Commission personnel. The caging or enclosure of all wildlife temporarily held under this section shall not be smaller than that required for the caged animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal. All wildlife thus caged or housed shall be permanently marked or their enclosures shall be permanently marked, so as to be traceable to written records indicating the date the wildlife was placed in temporary holding. Such records shall be maintained and made available for inspection by Commission personnel. Commission personnel shall direct dealers to mark wildlife temporarily if, upon inspection, there is no record indicating the date the wildlife was placed in temporary holding.

(3) The standard caging requirements, as defined in this chapter, except for the fencing requirements, shall not apply to facilities possessing ratites (ostriches, rheas, emus, and cassowaries) for propagation purposes only and not for public exhibition or as personal pets. Facilities possessing bison for propagation purposes only and not for public exhibition or as personal pets are exempt from the standard caging requirements, as defined in this chapter.

(4) Newborn and juvenile mammals may be temporarily kept in enclosures below the standard caging requirements and are exempted from the facility requirements of paragraphs 68A-6.010(5)(a)-(b), F.A.C., and structural strength requirements, Rule 68A-6.011, F.A.C., as follows:

(a) Newborn mammals may be kept in incubation and rearing facilities. Nursing young may be maintained with their parents with no increase in required cage size for the adult animal for up to twelve weeks, provided that documentation is available to show the age of the young. Such time may be extended with a veterinarian’s statement, showing that such size cage is required for the continued health and welfare of the animals until a certain date.

(b) Juvenile mammals may be kept in enclosures that meet or exceed the size specification in subsection (2) of this section, provided that:

Written documentation is available to verify the age of the animal.
The animal is marked or otherwise identifiable.
The animal shall be provided space for exercise on a daily basis.
Cages that meet the standard caging requirements shall be provided for Class I and Class II carnivores when they reach 25 pounds or six months of age, whichever comes first. Class III carnivores shall be provided cages that meet the standard caging requirements at six months of age. Class I, II, and III primates shall be provided cages that meet standard caging requirements at twelve (12) months of age.

(5) Hatchling/fledgling birds and newborn reptiles and amphibians may be held in enclosures that allow for normal postural movements and social adjustments that ensure the health and sanitary needs of the animals.

(6) Birds held temporarily for exhibit only and not for sale may be kept in show cages or enclosures for a maximum of three (3) days, provided that, such birds have sufficient space for perching without touching the sides, top, or bottom of the cage and the health and sanitary needs of the birds are met. Water shall be available in the show cages at all times.

(7) Reptiles and amphibians held temporarily for herptile shows, expositions, and exhibits may be kept for a maximum of three (3) days in enclosures that allow for normal postural movements and social adjustments and that ensure the health and sanitary needs of the animals.

(8) Cages or enclosures for mobility-impaired animals shall meet standard caging requirements, unless it can be demonstrated that such cage or enclosure, or its required accessories, are detrimental to the health or welfare of the animal. In such cases, written documentation by a veterinarian confirming the need for such exemption shall be maintained by the permittee and made available to Commission employees upon request.

(9) For animals held at exotic animal auctions, flea markets, and animal swap meets, said animals may be kept in enclosures that meet the size requirements of subsection (2), provided that such wildlife is maintained in accordance with paragraphs (9)(a)-(g), below. The owner of said wildlife shall be responsible for the welfare of such animals, unless such wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

(a) Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.

(b) Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.

(d) Fecal and food waste shall be removed from the wildlife's enclosures daily.

(e) Wildlife held in the same enclosures shall be kept in compatible groups.

(f) Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta is prevented from entering lower cages/enclosures.

(g) Sick or injured wildlife shall be afforded prompt veterinary treatment.

The owner of said wildlife shall be responsible for the welfare of such animals, unless such wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.014 Transportation Requirements for Captive Wildlife

(1) No person shall import, export, transport, ship or deliver in interstate or intrastate commerce any container or package containing any live wildlife unless each container or package bears, in a conspicuous place on the outside, a tag with both the name and address of the shipper and consignee and the exact contents of the package. The exact content of the package shall include an accurate and legible list by species scientific name, common name and number of each species included in the entire shipment.

(2) General requirements for transporting wildlife in vehicles. This rule subsection applies to all Class I, all Class II and all Class III animals except those listed in subsection 68A-6.003(11), F.A.C. No vehicle shall be used in transporting any wildlife except as follows:

(a) Vehicles shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals.

(b) The animal traveling area shall be free of engine exhaust fumes.

(d) Animal cages shall have openings for emergency removal of wildlife.

(e) Wildlife in transport shall be protected from extremes in temperature that could be detrimental to the health and welfare of the animal.

(f) Wildlife transported in the same cage area shall be in compatible groups.

(g) Wildlife must be transported in a cage or enclosure. The cage or enclosure must be labeled “Live Animal” and list the number of specimens and common and scientific name of the wildlife. For wildlife that is transported in a trailer or compartment of a trailer, a label stating “Live Animal” must be affixed to the trailer access or loading door and the list containing the number of specimens and common and scientific name of the wildlife must be maintained in the vehicle. The animal’s cage or enclosure shall be as follows:

Be of sufficient strength and security to prevent escape.
Large enough to ensure that each specimen has sufficient space to turn, stand erect, and lie naturally. Provided, however that certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons. Elephants shall be tethered during transport (except nursing young).

(h) Wildlife shall not be placed in enclosures over other specimens unless each enclosure is fitted with floor which prevents excreta from entering lower enclosures.

(i) Wildlife shall be watered twice daily and fed daily.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.015 Caging Requirements for Mobile Exhibits

(1) Performing Animals. No mobile exhibit shall utilize the performing animal caging dimensions prior to approval by the Commission. To obtain such approval, the permittee shall provide written schedules to the Commission of wildlife exercise intervals and scheduled performances. The exercise intervals shall be of such frequency, intensity and duration as to provide for the health and welfare of the animal over an extended period, provided that the animals shall not be caged without exercise or performances for more than a 72-hour period. Performing and exercise information shall be verifiable by Commission personnel through inspections. Performing animals used in mobile exhibits shall not be confined in any cage or enclosure that is smaller in dimension; or is not equipped as follows:

(a) Class I and Class II Carnivores (i.e., lions, tigers, jaguars, leopards, pumas, bears, hyenas, wolves).

For a single animal, a cage which shall permit the animal to turn or stand on all fours with head clearance, and confined in such a manner so that no animal can injure another. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy, or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11 1/2 gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

(b) Primates, Class I and Class II. For a single animal, a cage which shall permit the animal to turn and stand erect with head clearance, confined in such a manner so that no animal can injure another. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11 1/2 gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

Securely tethered.
Enclosed by an electric fence, under the supervision of at least one qualified handler in accordance with Rule 68A-6.007, F.A.C., and in an area not accessible to the public.

(d) Class III Animals. For a single animal, a cage which shall permit the animal to turn and stand on all fours, or stand erect, with head clearance, confined in such a manner so that no animal can injure another.

(e) Time limitation on smaller travel caging allowed for housing performing animals. For performing wildlife possessed by traveling zoos and other traveling acts, wildlife shall be housed in cages or enclosures that meet or exceed the specifications as provided in this Chapter, whenever such wildlife is housed in such travel cages or enclosures for more than 90 days. Performing wildlife shall not be kept in cages or enclosures below the size required by the standard caging requirements for more than a total of 90 days out of each 120 day period. Such mobile exhibits shall provide an itinerary of planned exhibition times and locations with annual renewal applications.

(2) Non-Performing Animals. Non-performing wildlife in mobile exhibits shall not be confined in any cage or enclosure that is smaller in dimension or is not equipped as follows:

(a) Class I and Class II Carnivores (i.e., lions, tigers, jaguars, leopards, pumas, bears, hyenas, wolves).

For a single animal, the cage length shall be double the body length (excluding tail), with a width that is equal to the body length, and a height that permits the animal to stand on all fours with head clearance. For two or more animals kept together, add one-third more cage length for each additional animal. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11 1/2 gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

(b) Primates. All cages shall be well ventilated and shall have secure locking devices. Each cage shall have an overhead pull bar and a seat. For two or more animals kept together, add one-third more cage length for each additional animal. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11 1/2 gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals.

Gorillas. For a single animal, a cage 8 feet by 8 feet, with a height at least 2 feet over the standing height of the animal.
Orangutan. For a single animal, a cage 7 feet by 7 feet, with a height at least two feet over standing height of the animal.
Adult chimpanzee. For a single animal, a cage 6 1/2 feet by 6 1/2 feet, with a height at least two feet over standing height of the animal.
Chimpanzees up to 50 pounds and macaques. For a single animal, a cage 5 feet by 5 feet, with a height at least two feet over standing height of the animal.

(c) Elephants. For one animal in a non-performing capacity, a paddock that is double the body length in length and equal to the body length in width. For two or more animals kept together, increase square footage by one third for each additional animal. Other than for exercise periods, elephants not kept in a paddock shall either be:

Securely tethered.
Enclosed by an electric fence under the direct, on-site supervision of a least one qualified handler in accordance with Rule 68A-6.007, F.A.C., and in an area not accessible to the public.

(d) Class III animals (except reptiles). For a single animal, the cage length shall be double the body length (excluding tail), with a width that is equal to the body length, and a height that will permit the animal to stand on all fours, or stand erect, with head clearance. For two or more animals kept together, add one third more cage length for each additional animal.

(e) Time limitation on smaller travel caging allowed for housing non-performing animals. For non-performing wildlife possessed by traveling zoos and other traveling acts, wildlife shall be housed in standard cage specifications as provided in this chapter, whenever such wildlife is present in such travel cages or enclosures for more than 45 days. Non-performing wildlife shall not be kept in cages or enclosures below the size required by the standard caging requirements for more than a total of 45 days out of each 90 day period. Such mobile exhibits shall provide an itinerary of planned exhibition times and locations with annual renewal applications.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.016 Public Contact with Captive Wildlife

Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised. To provide for public safety, all wildlife shall be tethered or controlled in such a manner as to prevent physical contact with the public and a structural safety barrier, as provided in paragraph 68A-6.009(2)(b), F.A.C., must be present to prevent physical contact with unconfined Class I or Class II wildlife except in instances where public contact is allowed in subsection (1), below.

(1) Public contact and exhibition.

(a) General: All Class I, II or III wildlife that will be used for contact with the public shall have been evaluated by the exhibitor to insure compatibility with the uses intended. All wildlife shall be exhibited in a manner that prevents injuries to the public and the wildlife. The exhibitor shall take reasonable sanitary precautions to minimize the possibility of disease or parasite transmission which could adversely affect the health or welfare of citizens or wildlife. When any conditions exists that results in a threat to human safety, or the welfare of the wildlife, the animal(s) shall, at the direction of a Commission officer, be immediately removed from public contact for an interval necessary to correct the unsafe or deficient condition.

(b) Class I wildlife shall only be permitted to come into physical contact with the public in accordance with the following:

Full contact: For the purpose of this section, full contact is defined as situations in which an exhibitor or employee handler maintains proximate control and supervision, while temporarily surrendering physical possession or custody of the animal to another. Full contact with Class I wildlife is authorized only as follows:

a. Class I cats (Felidae only) that weigh not more than twenty-five (25) pounds,

b. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than twenty-five pounds,

c. Gibbons and siamangs not less than four (4) months of age and not more than two (2) years of age,

d. Elephants as approved in Rule 68A-6.007, F.A.C.

Incidental contact: For the purpose of this section, incidental contact is defined as situations in which an exhibitor or employee handler maintains control, possession and supervision of the animal while permitting the public to come into contact with it. Incidental contact with Class I wildlife is authorized only as follows:

a. Class I carnivores except cheetahs and cougars that weigh not more than 40 pounds,

b. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than 40 pounds,

c. Gibbons and siamangs that are not less than four (4) months of age: no maximum poundage or age limit,

d. Elephants,

e. Incidental contact with other Class I wildlife must be approved in writing by the Commission prior to the use of the wildlife for incidental contact with the public. Factors to be considered when approving such contact are found in paragraph (1)(a).

(c). Public contact or handling intervals for Class I wildlife shall be limited as to frequency, intensity, and duration so that such handling will not adversely affect the health, welfare, or safety of the animals, nor expose the public to injury.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.017 Possession and Exhibition of Venomous Reptiles and Reptiles of Concern

(1) Any person who keeps, possesses, exhibits or sells any venomous reptiles or reptile of concern shall comply with Sections 379.303, 379.304, 379.305, 379.372, 379.373, 379.374 and 379.3761, F.S., and the provisions of subparagraph 68-5.007(5)(a)1., F.A.C., and the rules of this chapter. The following reptiles, including their taxonomic synonymies, subspecies or hybrids thereof, are designated as reptiles of concern: None listed at this time.

(2) Qualification requirements for a permit to possess venomous reptiles or reptiles of concern:

(a) Age Requirement: Applicants to possess venomous reptiles or reptiles of concern shall be at least 18 years of age.

(b) Applicants shall not have been convicted of any violation of venomous reptile, reptile of concern, conditional species, prohibited species, or captive wildlife regulations involving unsafe housing of wildlife or that could potentially endanger the public; any violation involving the illegal commercialization of wildlife; any violation involving cruelty to animals; or any violation involving importation of wildlife within three (3) years of the date of application.

(c) Not have refused a captive wildlife inspection within three (3) years of the date of application. Venomous reptile licenses issued to a person who refuses any such inspection shall be revoked.

(d) Specify the location of the facility at which the venomous reptiles or reptiles of concern shall be maintained. Facilities for venomous reptiles shall be inspected and approved by Commission personnel prior to the issuance of the permit and placement of animals at the facility location.

(e) Experience requirements for authorization to possess venomous reptiles:

Applicants shall demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1,000 hours) in the care, feeding, handling and husbandry of the species or other species within the same biological family which are similar in characteristics and care to the species for which the permit is sought. For the purposes of demonstrating compliance, applicants shall submit documentation of such experience including:

a. A description of the specific experience acquired.

b. The dates the experience was obtained and the specific location(s) where acquired.

c. References of no less than two (2) individuals having firsthand knowledge of the applicant’s stated experience. References shall be from persons licensed by the Commission for venomous reptiles of the same family for which the applicant is seeking authorization or a representative of a professional organization or governmental institution which deals directly with venomous reptiles as a part of their organization or institution. Examples of such organizations or institutions include, but are not limited to, universities, public service agencies, zoological associations, herpetological societies and veterinarians.

d. Additional documentation may include records of prior permits for the keeping of venomous reptiles, employment records, and any other competent documentation of the requisite experience.

If the applicant is unable to document such experience, as an alternative the applicant may take a written examination. The successful completion of a written examination for the particular species or family, administered by the Division of Law Enforcement, together with the documentation of not less than 500 hours of substantial practical experience in the care, feeding, handling and husbandry of the species or family for which the permit is sought may be substituted for the one year/1,000-hour requirement. Applicants scoring at least 80 percent correct on the examination shall be deemed as meeting the examination requirement for the particular species or family.

a. Examinations shall be completed without the use of any reference materials or other resources during the examination. Improper access to or use of any information or material in the examination shall be considered submission of materially false information in the application or other supporting documentation relating to the license, permit or other authorization.

b. Applicants who fail to pass the written examination after two (2) attempts shall wait six (6) months from the date of the last examination to retake the examination.

Providing materially false information to document the applicant’s experience, by the applicant or any reference, is prohibited and shall result in denial or revocation of the applicant or reference’s license, permit or other authorization, in accordance with Rule 68-1.010, F.A.C.
Any licensed corporation authorized to do business in Florida may apply for a permit or other authorization to possess venomous reptiles. Such corporation must have qualified personnel responsible for the care of such venomous reptiles. The corporation must provide documentation of experience for at least one person. Such person shall comply with the requirements defined in paragraphs 68A-6.017(2)(a)-(b), and subparagraphs (2)(e)1.-3., F.A.C., above. Such documentation of experience shall be submitted to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, and subject to approval upon initial application and upon each instance of change in qualified personnel. Such corporation shall be fully responsible for any violation(s) committed by their employees or occurring at their facility.

(f) Reptiles of concern: Species possessed for personal use by reptile of concern license holders prior to July 1, 2010 may continue in the possession of the owner for the life of the animal. A valid license to possess these animals must be maintained pursuant to Section 379.372, F.S.

(3) Venomous reptile or reptile of concern permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess venomous reptiles or reptiles of concern shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(d) The complete facility address where the venomous reptile(s) or reptile(s) of concern are located to include city, state, and zip code.

(e) The county or counties where the facility is located.

(f) The current inventory of venomous reptiles or reptiles of concern possessed, identified by species and quantity. If no venomous reptiles or reptiles of concern are currently possessed, then the planned inventory shall be provided, identified by species.

(g) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(h) Reptiles of concern: On or after January 1, 2008, any person or entity not currently permitted to possess reptiles of concern shall satisfactorily answer questions developed by the Commission that assess the applicant’s knowledge of general husbandry, nutritional needs, and behavioral characteristics of the reptile of concern to be possessed.

(4) Disaster and Critical Incident Plans: Applicants for permits to possess venomous reptiles or reptiles of concern in captivity shall document a course of action to be taken in preparation for disasters or critical incidents. Provisions of this subsection shall apply to permittees maintaining venomous reptiles or reptiles of concern in Florida. Such course of action shall be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. Such course of action shall include the following information:

(d) A list of chemical capture equipment (including drugs, delivery systems, and supplies) and location where equipment is stored, if applicable.

(e) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize chemical capture equipment, if applicable.

(f) A list of physical capture equipment (i.e., nets, catch poles, gloves, hooks, tongs, etc.) and location where equipment is stored.

(g) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize physical capture equipment.

(h) A list of equipment utilized to temporarily house and transport wildlife (including transport cages and vehicles) and location where equipment is stored.

(i) The name, physical address, and personal or business phone number for an emergency contact authorized to utilize temporary housing and transport equipment.

(j) A schematic or graphic depiction of the facility, including the following:

Site plan of the facility.
Location of access point to facility if access is controlled by fences, gates, etc.
Location of area(s) where captive wildlife is kept.
Location of supplies (i.e., food, medicines, capture equipment, etc.).
Location of each electricity and gas shutoff switch/valve.

(k) Emergency supply checklist, including food, water, medical supplies, generator(s), ice, or other miscellaneous supplies, if applicable.

(l) Location of storage and/or contact information for obtaining supplies.

(m) Current animal inventory, identified by species and quantity, and any identifying methods (microchip numbers, tattoos, marks, scars, etc.).

(n) For permittees where the facility is located out of state, the provisions of this subsection shall apply when such permittee is in travel status in Florida with venomous reptiles or reptiles of concern. In this instance, information as specified in paragraphs (c)-(m) above must accompany the venomous reptile or reptile of concern while in travel status in Florida and shall describe the course of action to be taken in the event of a critical incident or natural disaster in Florida.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 8-23-22, 7-17-23.

Fla. Admin. Code R. 68A-6.0171 Caging, Facility, and Transportation Requirements for Venomous Reptiles and Reptiles of Concern

(1) Facility requirements: All persons licensed to keep, possess, or exhibit venomous reptiles or reptiles of concern shall provide safe, secure and proper enclosures for said reptiles. Primary enclosures shall be housed within appropriate secondary containment which meets the requirements of this rule. It shall be unlawful for any person whether licensed or not to keep, possess, or exhibit any venomous reptile or reptile of concern in any manner not approved as safe, secure and proper by the Florida Fish and Wildlife Conservation Commission. Venomous reptiles or reptiles of concern shall be kept in primary enclosures of the following specifications:

(a) Primary enclosures shall be structurally sound and constructed using the following authorized materials: plate glass of at least one-eighth (1/8) inch thickness, break-resistant or injection molded plastic of similar strength, concrete reinforced with wire, sheet metal, one-quarter (1/4) inch or smaller woven or welded wire mesh (hardware cloth), molded fiberglass, plywood or solid wood (excluding materials constructed of lumber by-products such as oriented strand board (OSB), medium density fibreboard (MDF) and melamine) that has been treated to be impervious to moisture and is not less than one-half (1/2) inch in thickness, or other materials which provide equivalent stability and security against escape and unauthorized intrusion. Primary enclosures equipped with tracks holding sliding panels shall have the tracks secured with screws or rivets and enclosure design shall be escape-proof for the species contained therein. Primary enclosures and doors to primary enclosures shall be secured.

(b) Secondary containment: primary enclosures for venomous reptiles and reptiles of concern shall be kept in an escape-proof room or outbuilding which serves as secondary containment. Such room or outbuilding shall be structurally sound.

Any components constructed of lumber byproducts such as oriented strand board (OSB), medium density fibreboard (MDF) and melamine shall be no less than one-half (1/2) inch in thickness, shall not be directly exposed to weather and shall be constructed, covered, coated or treated to be impervious to moisture.
Manufactured outbuildings purchased after December 31, 2016, shall bear the insignia of approval of the Florida Building Commission and the manufacturer’s data plate shall be clearly visible, legible and unobstructed.
Any room or outbuilding so used shall be securely anchored to the ground. Any outbuilding so used shall be equipped with a safety entrance. For the purposes of this rule, a safety entrance is defined as a protected, escape-proof area that can be entered by a keeper and prevents escape of venomous reptile(s) from secondary containment. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for secondary containment and subject to Commission approval.
Rooms or outbuildings shall not be equipped with roll-up or retractable type entrances.
All rooms or outbuildings housing venomous reptiles shall be locked to prevent unauthorized intrusion, inspected and approved as conforming to these rules by Commission personnel prior to use.
Such room or out building shall be clearly posted at every point of entry with a sign stating “Danger – Venomous Reptiles” or in the instance of nonvenomous reptiles of concern a sign stating “Danger – Dangerous Reptiles.”
If a viewing panel is used as a portion of an exterior wall of a room or out building serving as secondary containment, that viewing panel shall not also serve as one of the venomous reptile primary enclosure walls.
Viewing panels used a portion of an exterior wall of a room or out building serving as secondary containment shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass.

a. Interior viewing panels may be constructed of two ply laminated glass or coated with a safety/security window film no less than eight millimeters (8 Mil) thick.

b. Any safety/security film used shall be installed pursuant to the manufacturers detailed specifications. Documentation of film specifications shall be available for inspection by Commission personnel.

All primary enclosure access points shall be within the escape-proof room or out building.

(c) Venomous reptiles and reptiles of concern may be housed outside of secondary containment in outdoor primary enclosures meeting the following conditions:

Outdoor open-topped enclosures may only be used to house venomous reptiles native to the State of Florida and shall be inspected and approved by the Commission prior to use.
For venomous reptile species and reptiles of concern not native to Florida, all outdoor enclosures shall be topped with close-meshed wire or an equivalent barrier to provide additional security, equipped with a safety entrance and shall be inspected and approved by the Commission prior to use.
The floors of outdoor enclosures shall be of concrete or masonry block construction at least two (2) inches in thickness. Sides shall be constructed of concrete block, or strength equivalent material, with a minimum height of four (4) feet above the floor of the enclosure. Outdoor enclosures need not have concrete or masonry flooring if the enclosure meets the following additional specifications:

a. The enclosure shall have concrete or masonry walls, at least eight inches in thickness, or strength equivalent.

b. The enclosure shall have footers made of concrete, or strength equivalent, extending not less than three feet below the grade level, outside the perimeter.

c. The corners of enclosure shall be designed or guarded to prevent the escape of reptiles by climbing.

d. All landscaping of the enclosure shall be arranged to insure that vegetation or other structures do not allow for the escape of reptiles.

Entrance doors shall be kept securely locked on all outdoor enclosures to prevent escape and unauthorized intrusion and the enclosure shall be equipped with barriers to prevent visitors from falling into enclosures that are constructed below ground level.
Outdoor enclosures shall meet the minimum standard caging size requirements as specified in this chapter.
If a viewing panel is used as a portion of an exterior wall of an outdoor open-topped enclosure, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point to the enclosure.

(d) The amendments to the facility requirements in subsection (1), of this rule, shall be effective December 31, 2016, but shall not apply to those facilities licensed to possess venomous reptiles prior to that date. Facilities licensed to possess venomous reptiles prior to December 31, 2016, shall have until January 1, 2018, to come into compliance with the amendments to subsection (1) of this rule, but their enclosures must be structurally sound and escape-proof. After December 31, 2016, those licensees that desire to expand their inventory to include a family of venomous reptile species not previously authorized at their facility location shall comply with the amended requirements of subsection (1) of this rule.

(2) Licensees and employees:

(a) Venomous reptile or reptile of concern licensees and employees shall each be fully responsible for any employees’ care, use and/or possession of the licensee’s venomous reptiles or reptiles of concern.

(b) In the event that the licensee is not present at the licensed facility, the employee(s) of a venomous reptile or reptile of concern licensee shall make the licensee’s facility available for inspection by Commission personnel.

(3) Facilities housing venomous reptiles shall maintain bite or exposure protocols for the species of venomous reptiles possessed and have a visible primary enclosure identification system identifying the venomous reptiles housed or maintained on the premises.

(a) Bite or Exposure Protocol: Facilities or premises where venomous reptiles are housed or maintained shall have posted on the premises a venomous reptile bite protocol. Such protocol shall include: identification of the species by common and scientific name, emergency contact information, type of antivenin required for treatment of bites or exposures from the species housed or maintained, a plan of action to be taken in the event of a bite or exposure, and location of antivenin if stored on premises. In lieu of antivenin on premises contact information shall be provided for an antivenin bank or medical facility that maintains antivenin for the species possessed. Such protocol shall be clearly visible and posted in the room, building or other structure and in close proximity to where venomous reptiles are housed or maintained. Such protocol shall be current and accurate.

(b) Primary Enclosure Identification System: Each primary enclosure housing venomous reptiles shall be accurately, visibly and clearly marked with a label stating “Danger Venomous Reptile;” identifying the species contained therein by common and scientific name; and displaying the PIT tag number or photograph of the specimen(s) within, if applicable. A label as described above shall accompany the venomous reptile when it is removed from the primary enclosure and transported outside of an escape-proof room or out building. Venomous reptile identification labels shall be removed from empty primary enclosures.

(c) Facilities with one or more licensees at the same facility location may not commingle their respective live venomous reptile or reptile of concern inventories. All primary enclosures must be clearly identified or visibly marked with the name of the licensee or other identifier to facilitate inventory inspections.

(4) Inspection: Venomous reptiles or reptiles of concern held in captivity are subject to inspection by Commission personnel. Commission personnel shall determine whether such venomous reptiles or reptiles of concern are securely, properly and safely housed.

(5) No person except the licensee or his or her authorized employee shall open any primary enclosure, pit, or other container which contains venomous reptiles.

(6) Handling of non-native venomous reptiles outside of secondary containment is prohibited, except as authorized in writing by the Commission prior to handling activity. Free-handling of non-native venomous reptiles outside of secondary containment is prohibited.

(7) Transporting: Any person transporting venomous reptiles shall comply with Section 379.372, F.S., and the provisions of this rule. Venomous reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. In lieu of a stout closely woven cloth sack, the venomous reptile may be contained in a trap, container or box of solid construction which is locked or otherwise secured. The sack, trap, container or box shall then be placed in a locked box or container. The outer box or container shall be constructed of material strong enough to prevent escape and shall have small air holes, which shall be screened. Outer boxes or containers shall be prominently labeled “Danger – Venomous Reptiles” and shall be subject to inspection and approval by the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.0172 Record Keeping and Reporting Requirements for Venomous Reptiles and Reptiles of Concern

Any person who possesses any live venomous reptile or reptile of concern shall have a permit issued in accordance with Section 379.372, and if applicable, Section 379.3761, F.S., and comply with Section 379.304, F.S., and the provisions of this rule, Rules 68A-6.017 and 6.0171, F.A.C.

(1) Record Keeping:

Possessors shall maintain an accurate record of all changes in inventory of any venomous reptiles or reptiles of concern, which shall be maintained on the licensed premises and shall be open to inspection upon request by Commission personnel. Such records shall include the following:

(a) Records of births and deaths, which shall include the following:

Date of the birth or death; and
Quantity and species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch.

(b) Records of acquisition, which shall include the following:

Date of acquisition;
Quantity and species of reptiles acquired;
Method of identification and unique passive integrated transponder (PIT tag) number, if applicable, for each specimen;
Name and complete address of supplier; and
License identification number of supplier where applicable.

Date of sale or transfer;
Quantity and species of reptiles sold or transferred;
Method of identification and unique passive integrated transponder (PIT tag) number, if applicable, of each specimen sold or transferred; and
License identification number of the recipient where applicable.

(2) Reporting:

(a) Persons exhibiting or selling live venomous reptiles or reptiles of concern in accordance with Section 379.372 or 379.3761, F.S., shall submit a report including quantity of births, deaths, in-state acquisitions, out-of-state acquisitions, in-state sales or transfers, and out-of-state sales or transfers of both native and non-native venomous reptiles, per biological family, and reptiles of concern, per species. Such report shall be submitted to the Commission online through http://www.GoOutdoorsFlorida.com upon annual renewal of license and six months thereafter. The reporting period shall span the six months preceding the reporting date.

(b) Persons possessing any live venomous reptile or reptile of concern in accordance with Section 379.372, F.S., for personal use shall submit a report including quantity of births, deaths, in-state acquisitions, out-of-state acquisitions, in-state sales or transfers, and out-of-state sales or transfers of both native and non-native venomous reptiles, per biological family, and reptiles of concern, per species. Such report shall be submitted to the Commission online through http://www.GoOutdoorsFlorida.com upon annual renewal of license and upon any instance of inventory change. The reporting period shall span the six months preceding the reporting date.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 8-23-22, 7-17-23.

Fla. Admin. Code R. 68A-6.0173 Identification of Non-Native Venomous Reptiles and Reptiles of Concern

(1) Any person who keeps or possesses any live reptile of concern; or who keeps or possesses for personal use any live venomous reptile not indigenous to Florida or any live reptile of concern, in accordance with Sections 379.372 and 379.373, F.S., must permanently identify such reptile.

(a) Live venomous reptiles not indigenous to Florida shall be permanently identified by photographic identification or with a unique passive integrated transponder (PIT tag).

(b) Live reptiles of concern shall be permanently identified with a unique passive integrated transponder (PIT tag).

(c) Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, specimen name or number, gender, and age) must be maintained in the possessors records for as long as the specimen is possessed.

(2) For photographic identification the photograph of the specimen must include sufficient distinguishing characteristics (marks, scars, and patterns, etc.) to enable that particular specimen to be distinguished from other specimens of the same species.

(3) Passive integrated transponder (PIT tag) identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

(a) For snakes implantation shall be in specimens with a one (1) inch or greater diameter. The PIT tag shall be implanted in the back one-third (1/3) of the snake, forward of the anal plate.

(b) For lizards implantation shall be in the body cavity in close proximity to and forward of a rear leg or in a rear leg.

(c) The requirement pertaining to the location of the PIT tag implantation shall not apply to specimens implanted prior to acquisition of the animal or prior to the effective date of this rule.

(4) Exemption: Reptiles of concern being held for export by any person who possesses such reptile of concern in accordance with Sections 379.304 and 379.372, F.S., are exempt from the permanent identification requirement of this section for a period not to exceed 180 days provided such animals or their enclosures are permanently marked so as to be traceable to written records indicating the date such reptiles of concern were acquired.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19.

Fla. Admin. Code R. 68A-6.018 Injuries and Escapes

(1) Any person in possession of captive wildlife which requires a license or permit issued under Sections 379.3761, 379.3762, or 379.372, F.S., or those facilities exempt from licensure pursuant to Section 379.3761(4), F.S., shall report any injury from such wildlife which results in:

(a) Treatment beyond basic first aid, except if occurring to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with paragraph 68A-6.004(2)(e) or sub paragraph 68A-6.017(2)(e)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with paragraphs 68A-6.004(2)(c), 68A-6.004(2)(d), 68A-6.004(4)(b), or 68A-6.017(2)(e), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.

(b) Serious bodily injury to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with paragraph 68A-6.004(2)(e) or sub paragraph 68A-6.017(2)(e)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with paragraph 68A-6.004(2)(c), 68A-6.004(2)(d), 68A-6.004(4)(b), or 68A-6.017(2)(e), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.

(2) Escapes

Any person in possession of wildlife which requires a license or permit issued under Sections 379.3761, 379.3762, or 379.372, F.S., or those facilities exempt from licensure pursuant to Section 379.3761(4), F.S., shall make reasonable efforts to ensure recapture and return of the escaped wildlife to containment. Such person shall contact the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement as required below:

(a) Any person in possession of Class I wildlife, Class II wildlife, or capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from the primary enclosure or escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside of the primary enclosure.

(b) Any person in possession of venomous reptiles or reptiles of concern shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from primary containment when its whereabouts are unknown, or any escape from secondary containment.

(c) Any person in possession of Class III wildlife, except capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife as soon as practicable, but no later than 12 hours after discovery of the escape. For the purposes of this paragraph, “escape” shall include any of the following:

Escape from the primary enclosure when the whereabouts of the wildlife is unknown;
Escape from the primary enclosure when the whereabouts of the wildlife is known, but wildlife cannot be captured prior to the end of the required reporting period;
Escape from the approved facility location;
Escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside the approved facility location.

(3) Any person authorized to possess Class I wildlife or venomous reptiles shall maintain a list of the current contiguous landowners or neighbors included with the information required in subsections 68A-6.004(7) and 68A-6.017(4), F.A.C. Such list shall include the name and address for contiguous landowners or neighbors. For the purposes of this paragraph, a “contiguous landowner or neighbor” shall mean the current resident, if known, or landowner for all properties sharing a common boundary with the facility location. If the contiguous landowner or neighbor is a business complex or multi-unit dwelling, or if the facility is located in a business complex or multi-unit dwelling, the name and address of the building manager or property manager shall be maintained, if one exists. The entire width of a roadway shall be considered sharing a common boundary in instances of a roadway between neighboring properties.

(4) Failure to report any injury as specified in subsection (1) above, shall be considered a violation of this rule.

(5) Failure to report any escapes of wildlife as specified in subsection (2) above, shall be considered a violation of this rule.

(6) Any person who maintains captive wildlife in a manner which results in injury as specified in subsection (1) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in threats to public safety commits a violation of paragraph 68A-6.009(1)(e), F.A.C.

(7) Any person who maintains captive wildlife in a manner which results in escape of wildlife as specified in subsection (2) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in a threat to public safety commits a violation of paragraph 68A-6.009(1)(f), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 1-11-23.

Chapter 68A-9 MISCELLANEOUS PERMITS

Fla. Admin. Code R. 68A-9.002 Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes

(1) The executive director may issue permits authorizing the taking or possession of wildlife or freshwater fish or their nests or eggs for scientific, educational, exhibition, propagation, management or other justifiable purposes. Such permits shall be subject to such terms, conditions and restrictions as may be prescribed therein, provided that no such permits shall be operative as to migratory birds unless the holder thereof has a permit or other authorization from the U.S. Fish and Wildlife Service permitting the taking, exhibiting, or possession of such birds, their nests or eggs. Failure to abide by all terms and conditions stipulated in any written permit issued by the executive director shall be a violation of this section.

(2) Employees of the Commission may take wildlife or freshwater fish or their nests or eggs for scientific, educational, propagation, exhibition or other justifiable purposes when such taking has been authorized by the executive director or is essential to the performance of their assigned duties. The authority granted under this section shall not be construed to exempt any person from purchasing hunting or fishing licenses as required by Section 379.354, F.S. The executive director may issue permits authorizing the taking or managing of wildlife or freshwater fish for specified commercial purposes.

(3) Commission volunteers may take wildlife or freshwater fish or their nests or eggs for scientific, educational, propagation, exhibition or other justifiable purposes provided that:

(a) Such taking is pursuant to a volunteer program approved by the Division/Office director or his or her designee;

(b) The Division/Office director or his or her designee has approved specific conditions under which wildlife or freshwater fish or their nests or their eggs may be taken by volunteers; and,

(c) The volunteers are in possession of written authorization from the volunteer program’s Volunteer Program Coordinator or Volunteer Workday Leader specifying those conditions.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-9.02, Amended 12-25-95, 4-1-96, Formerly 39-9.002, Amended 7-1-02, 3-21-10, 1-11-17, 11-5-19, 4-14-24.

Fla. Admin. Code R. 68A-9.003 Permits for Freshwater Fish

The Florida Fish and Wildlife Conservation Commission recognizes that there are justifiable reasons to allow for the harvest, collection, possession, or release of freshwater fish species that otherwise would be in violation of one or more of the state’s freshwater fisheries regulations. Such activities include scientific research, education/exhibition, management activities, and fishing tournaments.

(1) Definitions. As used in this rule:

(a) Education exhibition – means an organized presentation or display of freshwater fish along with a selection of educational materials to include interpretive signs, presentations, brochures, handouts, or other materials which shall include information about the species for the following:

Public aquaria – permanent, fixed aquaria in which freshwater fish species are confined in such a manner that the general public is able to view the fish during regularly scheduled business hours with or without a fee.
Public exhibitor – a facility in which freshwater fish species are confined in such a manner that the general public is able to view the species during regularly scheduled business hours, either through scheduled tours or general admission, with or without a fee.
Public zoological park – a permanent, fixed facility in which freshwater fish species are confined in such a manner that the general public is able to view the species during regularly scheduled business hours with or without a fee.

(b) Management – means an activity that conserves, enhances, or restores freshwater fish species, populations, or habitats for conservation or public benefit.

Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, experimental design, controls, and data analysis to test a stated hypothesis.
Monitoring activities that involve making technical and scientific observations as a means of gathering data according to a predetermined study plan.
Resource conservation or mitigation activities that involve the removal or enhancement of freshwater fish and include subsequent monitoring to measure the success of the effort.

(2) Freshwater Fisheries Special Activity Permits (FSAP).

Allows for the take and possession of freshwater fish species that may otherwise violate Commission rules. Permits may be issued to entities engaged in research, education, exhibition, or management as defined in this rule. This permit does not authorize possession of live non-native freshwater fish species in accordance with Chapter 68-5, F.A.C., or take or possession of State or Federal endangered or threatened freshwater fish species as defined in Chapter 68A-27, F.A.C.

(a) FSAP General Application Evaluation Criteria. All FSAP applications will be evaluated based on the following considerations:

Eligibility of the applicant for the requested permit, as established under subparagraphs (2)(b)1., (2)(c)1., or (2)(d)1., of this rule.

a. Completeness of the information submitted to the Commission through the application process.

b. Potential impacts of the gear, size of the gear or method of collection and harvest including chemicals requested.

c. Biological status of the species requested, based on the best scientific information available. In the absence of scientific information, the Commission will use a risk-averse approach until such a time that scientific information is available.

d. Location of proposed activities.

e. Number and/or size of the proposed species being studied or harvested.

f. Proposed disposition of the requested species following collection.

g. Whether the requested activities can be reasonably conducted under a recreational freshwater fishing license.

h. Potential detrimental effects of the requested activity on the ecology of the state.

(b) Freshwater Fisheries Research and Monitoring (FFRM).

Accommodates the need for the scientific community to conduct research, monitoring, and resource conservation or mitigation activities that enhance the greater body of knowledge in support of fisheries management and resource conservation and enhancement.

Eligibility. An FFRM shall only be issued to the following:

a. A principal investigator of a proposed or ongoing scientific research project who is affiliated with an accredited university or college.

b. A administrator or teacher from a middle school or high school conducting research as part of a curriculum or project.

c. A member of the scientific or technical staff of a municipal, city, county, state, or federal agency.

d. A principal investigator of a proposed or ongoing scientific research project who is affiliated with an environmental services or consulting firm.

e. A member of the scientific or technical staff of a certified aquaculture facility that holds a valid aquaculture certificate of registration issued by the Department of Agriculture and Consumer Services pursuant to Section 597.004, F.S.

FFRM Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (2)(a)1., FFRM applications shall be evaluated based on the following criteria, as applicable to the request:

a. Completeness of project specifications and methodologies.

b. Monitoring strategies and design.

Allows for the collection, harvest, display, and exhibit of freshwater fish by businesses, academics, public aquaria, zoological parks, or public exhibitors for the purpose of increasing the public’s knowledge and awareness of freshwater fisheries and resources.

Eligibility. An FFEE shall only be issued to the following:

a. An instructor employed by, or under the sponsorship of a university, college, secondary school, elementary school, or governmental entity or a private institution or organization that has an established aquatic or environmental education curriculum.

b. A curator or director employed by or under sponsorship of a public or private aquaria or zoological park, museum, university, or business establishment that displays freshwater fish and aquatic organisms for viewing by the public and whose activities have a freshwater-related component.

c. The organizer of an outreach event whose activities include the display of freshwater fish and includes a presentation or educational materials.

FFEE Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (2)(a)1., FFEE applications shall be evaluated based on the following criteria, as applicable to the request:

a. Species requested for exhibit or display.

b. The physical environment in which the species will be maintained and any potential maintenance or husbandry concerns or potential for escape.

c. The potential for disease or human health concerns.

(d) Freshwater Fisheries Management (FFM).

Allows for management activities on private natural waters or man-made ponds, waters not readily accessible to the general public or on public waters where the management activity provides a benefit to the resource and the state.

Eligibility. An FFM shall be issued only to the following:

a. A member of the scientific or technical staff of a municipality, city, county, state, or federal agency.

b. A member of a recognized environmental services or consulting firm or pond management company.

c. Persons licensed in accordance with Section 379.363, F.S., for the collection of Florida bass for broodstock. Such persons must follow genetic authentication standards as referenced in paragraph 68A-23.009(2)(d), F.A.C.

d. An individual/s performing fisheries management activities that provide a benefit to the resource and the state.

e. Entities or individuals owning ponds/waters not covered by subsection 68A-23.002(11), F.A.C.

FFM Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (2)(a)1., FFM applications shall be evaluated based on the following criteria, as applicable to the request:

a. Whether the proposed management activity provides a benefit to the public, the resource, and the state.

b. Whether the proposed management activity could potentially have adverse effects on connecting waters of the state.

(e) FSAP Application Requirements.

A FSAP application which covers FFRM, FFEE, or FFM activities must be completed by submitting to the Commission the Application for a Freshwater Fisheries Special Activity Permit for the Collection of Fish for Scientific Research, Exhibition, or Management Purposes, form FWC DFFM 01, (03/24), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16573, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(f) FSAP Application Review Process.

FSAP applications will be reviewed and approved by the Director of the Commission’s Division of Freshwater Fisheries Management, or their designee.
Applications may also be reviewed by individuals outside the Division of Freshwater Fisheries Management that possess the biological, technical, regulatory, or enforcement expertise necessary to appropriately evaluate a requested activity.
The Director of the Commission’s Division of Freshwater Fisheries Management, or their designee, may request an FFRM applicant to provide additional information in the form of a scientific research or study proposal.

(g) FSAP Reporting Requirements.

Permittees must submit an activity report within 30 days after the permit expiration date or upon renewing the permit. The activity report must detail all permit related activities including the common and scientific name of the species collected, number collected by species (including sizes, if available), location of collection or Global Positioning Systems (GPS) coordinates, county, gear used for collection, and the disposition and/or possession of any collected species and any other reporting requirements specified within the permit conditions.

(h) FSAP Permit Period. All FSAPs shall expire on December 31 of the year the permit was issued, unless otherwise specified within the permit conditions.

(i) FSAP Renewal.

To renew an FSAP, the permittee must submit a new permit application at least 30 days before permit expiration.
An FSAP shall not be renewed unless all conditions of the prior permit held by the applicant were met and reporting requirements for the prior permit have been submitted.

(3) Black Bass Tournament Exemption Permit (BBTP).

(a) Purpose. The BBTP allows fishing tournaments with six or more participants to temporarily possess black bass not meeting size restrictions, provided that all fish caught in the tournament are live-released following weigh-in, that black bass are handled in accordance with the Commission’s scientific guidelines (incorporated under subparagraph (3)(c)2.), and that the permit holder completes and submits all reporting requirements to the Commission after the tournament.

(b) Eligibility. A BBTP shall be issued only to the following:

A representative from an organized bass club or angling group that is hosting a fishing tournament with six or more tournament participants.
A representative from an organized bass club or angling group that agrees to adhere to all permit conditions and scientific guidelines incorporated under subparagraph (3)(c)2.

An applicant for a BBTP must apply through the Commission's online permit system: https://public.myfwc.com/CrossDOI/PermitMe/Menu.aspx.
Application instructions and permit requirements, including the Commission’s scientific guidelines and instructions for completing post-tournament reporting, may be accessed at http://myfwc.com/license/freshwater/bass-tournament/, and are contained in a document titled “Black Bass Tournament Exemption (Permit) Stipulations,” Form #BBTE rev 2024 (03/24), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16577, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
An application for a BBTP must be submitted at least 1 day prior to the tournament.

(d) BBTP Application Evaluation Considerations. The following shall be considered when determining approval of a BBTP:

Whether the tournament may have biological impacts on the resource or fish population.
Whether the applicant has complied with tournament after-action reporting requirements for any BBTP previously issued to the applicant.
Whether the owner of the boat ramp or weigh-in location has approved of tournaments being conducted at their location.
If there are any risks to human health or safety.

(e) Reporting Requirements.

Within 30 days following a permitted tournament, the permittee must complete and submit a tournament after-action activity report to the Commission. Instructions for completing tournament after-action reports are incorporated under subparagraph (3)(c)2.
Failure to submit a completed tournament after-action report will result in denial of future permit exemptions.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-14-24, Amended 5-28-25.

Fla. Admin. Code R. 68A-9.004 Permits for Hunting or Other Recreational Use on Wildlife Management Areas

(1) In addition to other licenses, permits and stamps required by law, stamp requirements for hunting, camping, fishing, or other recreational uses on lands owned, leased or managed by the Commission or the State of Florida for the use and benefit of the Commission shall be as provided by Sections 379.354(8)(g) and (h), F.S.

(a) The cost of permits as required for hunting on wildlife management areas as provided by Section 379.354(8)(g)1., F.S., shall be $25.

(b) The cost of permits for Tier II public recreational opportunities on the Babcock Ranch Preserve shall be as follows and are set to capitalize on the value of hunting on portions of the preserve and to help ensure the preserve is financially self-sufficient, as required by Section 259.1053(5), F.S.

Timber Pasture Unit ‒ $20,000
Pepper Field Unit ‒ $7,500
Sugar Hill ‒ East Unit ‒ $30,000
Sugar Hill ‒ West Unit ‒ $30,000
Cypress Head Unit ‒ $14,500
Yearling Pasture Unit ‒ $20,000
Deep Freeze - North Unit ‒ $21,000
Deep Freeze - South Unit ‒ $19,000
Myrtle Slough Unit ‒ $23,000
Possum Pond Unit ‒ $37,000
South Lightered Unit ‒ $53,000
Sawgrass Unit ‒ $39,000
Bull Head Unit ‒ $43,500
Governors Camp Unit ‒ $35,000
Curry Lake Unit ‒ $33,754
Saddlers Hammock Unit ‒ $40,000

(c) The cost of recreational user permits as required for hunting on the following privately owned wildlife management areas as provided by Section 379.354(8)(h)1., F.S., shall be:

Gulf Hammock – $715
Grove Park – $950

(d) The total number of permits available for each of the following privately owned wildlife management areas established pursuant to Section 379.354(8)(h)1., F.S., shall be:

Gulf Hammock – 550
Grove Park – 61

(e) Recreational user permits required for hunting on privately owned wildlife management areas shall also authorize the permittee to engage in all activities authorized for wildlife management area permits.

(f) Recreational user permits for privately owned wildlife management areas designated herein shall be non-transferable.

(g) A recreational use permit for privately owned wildlife management areas designated herein shall be renewable for two consecutive years provided that proper application and payment is received prior to June 1.

(2) Additional stamp requirements may be promulgated for each individual wildlife management area and are set forth in Chapter 68A-15, F.A.C.

(3) On those lands where the Commission is the landowner or lead managing agency, written authorization is required for special events that are in violation of Commission rules, require Commission resources (personnel or equipment), require additional infrastructure, or would have significant impacts on natural resources, cultural resources or public use. A special event is an organized occasion that includes, but is not limited to, events such as sport competitions, recreational events and fundraisers. The Commission shall issue a written authorization when the applicant proposes natural or cultural resource related activities that do not unduly impact the resource, interfere with other users, or impose significant costs to the Commission. The Commission shall impose upon a Special Use Authorization issued pursuant to this subsection such reasonable conditions as are necessary to assure that the use or activity authorized will limit liability to the agency and protect fish, wildlife, natural and cultural resources.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.1025, 379.2223, 375.313, 379.354 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-9.04, Amended 6-2-86, 11-1-89, 7-16-98, 5-13-99, Formerly 39-9.004, Amended 7-1-00, 5-29-01, 7-22-01, 6-2-02, 7-28-02, 5-1-03, 7-7-03, 10-12-03, 5-12-04, 7-15-04, 6-1-05, 4-3-08, 4-1-09, 7-20-09, 7-1-10, 5-5-11, 8-11-11, 5-2-12, 7-1-13, 9-9-13, 8-26-14, 4-1-16, 4-1-17, 4-1-19, 4-1-22, 7-1-24, 7-16-24, 4-2-26.

Fla. Admin. Code R. 68A-9.005 Falconry

(1) No person may possess any raptor for falconry purposes without a permit from the executive director, or as otherwise provided herein. No falconry permit will be issued to any person failing to qualify on a written examination prior to initial application, nor to any person under the age of 14. Raptor housing facilities and falconry equipment will be inspected and approved by Florida Fish and Wildlife Commission (hereafter FWC) personnel prior to the issuance of an initial falconry permit. No raptor may be taken, possessed or transported in violation of this section.

(2) Definitions ‒ For the purposes of this subchapter, the following definitions apply:

(a) “Aylmeri Jess” means a jess in which the anklet and jess are separate pieces. The anklet (around the leg of the bird) has a hole or grommet and the jess (the strap hanging from the anklet) is a separate piece with a button at one end that is threaded through the anklet.

(b) “Brancher” means a young raptor that has left the nest but is not yet capable of flight.

(c) “Captive-bred” means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

(d) “Eyas” means a young raptor not yet capable of sustained flight such as a nestling or fledgling.

(e) “Falconry” means caring for, training, and transporting raptors for the pursuit of game and the hunting of game with raptors. Falconry includes the taking of raptors from the wild.

(f) “Giant Hood” means a ventilated box used to contain a falconry raptor for travel.

(g) “Hacking or Hack” means the temporary release of a raptor held for falconry to the wild so that it must survive on its own.

(h) “Haggard” means a wild adult raptor.

(i) “Hybrid” means the offspring of birds listed as two or more distinct species in 50 C.F.R. 10.13 or offspring of birds recognized by ornithological authorities as two or more distinct species listed in 50 C.F.R. 10.13.

(j) “Imprint” means a bird that is hand raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.

(k) “Passage” means a first-year raptor capable of sustained flight that is no longer dependent upon parental care and/or feeding.

(l) “Raptor” means all birds of the orders Falconiformes, Accipitriformes, and Strigiformes, commonly called falcons, hawks, eagles, ospreys, kites, harriers, and owls.

(m) “Resident facility” means a facility approved by FWC for the housing of raptors.

(n) “Service” means the Fish and Wildlife Service, U.S. Department of Interior.

(o) “Sponsor” means a Master or General (with at least two years of experience at the general level) falconer with a valid permit.

(3) Permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess any raptor for falconry purposes shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) The complete mailing address to include city, state, and zip code for the applicant.

(d) The jurisdiction, classification of permits, and type of documents possessed by the applicant if applicant is required by any state, U.S. Territory, Native American Tribe, or foreign government to obtain approval to conduct the proposed activity.

(e) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(4) Examination and classifications:

Written exams are given at each FWC regional office. The applicant must contact the regional office nearest his or her location to schedule a date and time to take the exam. The applicant will be notified in writing of his or her exam results. An applicant who scores at least 80 percent on the exam and meets the requirements will be classified as follows:

(a) Apprentice:

Permittee shall be at least 14 years old. A parent or legal guardian must sign the application of any applicant under 18 years of age and will be held legally responsible for the permittee’s activities.
Permittee shall be sponsored by a holder of a valid General or Master falconry permit for the first two years in which an Apprentice falconry permit is held. A letter must be provided, at the time of application from a Master or General falconer with a valid Florida falconry permit who has at least two years of experience at the General falconry level, stating that he or she will assist you, as necessary, in:

a. Learning about the husbandry and training of raptors held for falconry; and,

b. Learning about relevant wildlife laws and regulations; and,

c. Deciding what species of raptor is appropriate for you to possess while an Apprentice.

A sponsor may not have more than three apprentices at any one time.
Permittee may take and possess one wild-caught red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), broad-winged hawk (Buteo platypterus), or Merlin (Falco columbarius).
Permittee may not obtain more than one raptor for replacement during any 12-month period.
Permittee may fly any captive bred raptor possessed by a General or Master falconer in the presence of the General or Master falconer.

(b) General:

Permittee shall be at least 18 years old and must submit a document from a General Falconer or Master Falconer (preferably your sponsor) to FWC stating that you have practiced falconry with raptors at the apprentice level or equivalent for at least 2 years including maintaining, training, flying, and hunting raptors for at least 4 months in each year. That practice may include capture and release of falconry raptors.
Permittee may possess no more than 3 raptors.
Permittee may not obtain more than two wild raptors for replacement birds during any 12-month period.
Permittee may take and possess any species of Falconiform, Accipitriform, or Strigiform except a bald eagle (Haliaeetus leucocephalus), a golden eagle (Aquila chrysaetos), a white-tailed eagle (Haliaeetus albicilla), or a Stellar’s sea eagle (Haliaeetus pelagicus).
Permittee may possess captive-bred individuals or hybrids of the species he/she is allowed to possess.

Permittee shall have at least five years’ experience in the practice of falconry at the general level or equivalent including maintaining, training, flying, and hunting raptors for at least 4 months in each year.
Permittee may take and possess any species of Falconiform, Accipitriform or Strigiform except for a bald eagle (Haliaeetus leucocephalus).
Permittee may possess no more than 5 wild raptors (no more than 3 of which may be golden eagles (Aquila chrysaetos)) and any number of captive-bred raptors but they must be used in the pursuit of game and hunting.
Permittee may possess any captive-bred individuals or hybirds of the species he/she is allowed to possess.
Permittee may not obtain more than two wild raptors for replacement birds during any 12-month period.
Permittee may possess a golden eagle (Aquila chrysaetos), white-tailed eagle (Haliaeetus albicilla), or a Stellar’s sea eagle (Haliaeetus pelagicus) as authorized provided:

a. Permittee shall demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1,000 hours) in the care, feeding, husbandry, handling and/or flying large raptors of the following species: eagle (all species), goshawk (Accipiter gentilis), ferruginous hawk (Buteo regalis), Eurasian eagle owl (Bubo bubo), great horned owl (Bubo virginianus).

b. For purposes of demonstrating compliance, applicants shall submit documentation of such experience to include:

(I) A description of the specific experience acquired, including the species of raptors handled.

(II) The dates and times the experience was obtained and the specific location(s) where acquired.

(III) Additional documentation may include records of prior permits for the keeping of large raptors, employment records, and any other competent documentation of the requisite experience.

(IV) References of no less than two (2) individuals, no more than one of which may be a relative of the applicant, having personal knowledge of the applicant’s stated experience. One of these references must be a permitted falconer. These references must provide a concise history of the applicant’s experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter must also assess the applicant’s ability to care for eagles and fly them in falconry.

c. A permittee may possess up to 3 eagles, which count toward the 5 wild birds he/she is allowed to possess.

(5) Permit conditions:

(a) Permittee must have a valid and legible falconry permit in his or her immediate possession when away from the state-approved falconry facility, hereafter referred to as “resident facility,” and conducting activities related to the possession of the permit. These activities include trapping, transporting, working with, hunting with, or flying the falconry raptors.

(b) A permit is valid when issued and expires December 31 of the third calendar year after it is issued unless a different effective period is specified.

(c) Permittee must notify the FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600, in writing within five business days if the location of permittee’s raptor resident facility is changed.

(6) Reinstatement of a lapsed, suspended or revoked falconry permit and issuance of a permit to a new resident or visitor to the United States:

(a) A falconry permit which has lapsed for fewer than 5 years may be reinstated at the level held previously with proof of certification at that level.

(b) A falconry permit which has lapsed for 5 years or longer may be reinstated at the level held previously with proof of certification at that level and successful completion of the falconry exam with a score of at least 80 percent.

(c) The resident facility and equipment must be inspected and aproved by FWC personnel prior to the re-issuance of a permit that has lapsed longer than 2 years and before the permittee may possess a falconry bird.

(d) Any person whose falconry permit has been suspended or revoked, regardless of suspension or revocation period, may be reinstated at the level held previously with proof of certification at that level and successful completion of the falconry exam with a score of at least 80 percent, so long as they otherwise qualify for the permit. The resident facility and equipment must be inspected and approved by FWC personnel prior to the re-issuance of a permit.

(e) New residents seeking a permanent falconry permit or foreign visitors to the United States seeking a temporary Florida falconry permit must sucessfully complete the falconry exam with a score of at least 80 percent or better to demonstrate knowledge of Florida’s falconry laws and regulations. It will be at the discretion of the FWC to determine the classification level to which the permittee will be classified based on documentation on the permittee’s past experience and any previously held falconry permits.

(7) Facilities and equipment:

(a) Before a falconry permit is issued the applicant’s resident facility shall be inspected and certified by FWC personnel as meeting one or multiple of the following standards:

Outdoor (weathering) facilities shall be fenced and covered with netting, wire or roof. The enclosed area shall be large enough to ensure the bird can not strike the fence when flying from a perch. Adequate perches and protection from excessive sun, wind and inclement weather shall be provided for each bird.
Indoor facilities or mews shall be large enough to allow easy access for caring for the raptors housed in a facility. Multiple raptors may be housed together. Raptors that are compatable with each other may be housed together unteathered. Raptors that are not compatable with each other must be teathered or seperated by a partition. There shall be a suitable perch for each raptor and the mew must be large enough to permit flight of unteathered raptors, or if teathered to fully extend it’s wings or bate (attempt to fly while teathered) without damaging it’s feathers or contacting other raptors in the mew. There shall be at least one window protected by vertical bars spaced narrower than the width of the bird’s body, wooden or plastic lattice, or heavy duty netting, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained.
Permittee may keep a falconry raptor or raptors inside a place of residence if the raptor is provided a suitable perch or perches. Permittee is not required to modify windows or other openings of the structure. Raptors kept in the home must be teathered unless being moved into or out of the location in which they are kept. Raptors kept in these conditions must have access to outdoor facility of acceptable design which provides a suitable perch, water and protection from predators both wild and domestic, or raptors must be weathered outdoors under direct supervision to provide for protection from predators both wild and domestic.
An eyas may be kept in any suitable container or enclosure until it is capable of flight.

(b) Resident facilities on property not owned by the permittee:

Resident facilities must meet the standards in this rule; and,
Permittee must submit to FWC a signed and dated statement showing that the permittee and the property owner agree that the falconry facilities, equipment, and raptors may be inspected without advance notice by FWC personnel at any reasonable time of day.

Jesses – one pair of Aylmeri jesses or similar type, constructed of pliable, high-quality leather or suitable synthetic material.
Leashes and swivels – one flexible, weather-resistant leash and one strong swivel of acceptable falconry design. Snap-type swivels, such as harness snaps, are not considered adequate.
Bath container – one suitable container two to six inches deep and wider than the length of the raptor.
Outdoor perches – one weathering area of acceptable design for each raptor.
Weighing device – a scale graduated to increments of not more than 1/2 ounce.

(8) Temporary holding facilities:

A raptor may be transported or held in temporary facilities for a period not to exceed 60 days. Such facilities shall be provided with an adequate perch and protected from extremes in temperatures, excessive disturbance and wild or domestic predators.

(9) Care of Falconry Raptors:

(a) A permittee must keep all raptors held under his or her falconry permit in humane and healthful conditions. All facilities and equipment shall be kept in a serviceable, safe and sanitary manner. Clean water shall be provided for bathing and drinking. Tethering areas shall be free of obstructions that might entangle the raptor, and must provide protection from wild or domestic predators.

(b) Falconry raptors may be temporarily teathered outside in the open during daylight hours only if they are under watch by the permittee or another person.

A falconer may care for raptor(s) that are registered under another falconers permit for up to 120 consecutive calendar days at either his/her resident facility if the facility is appropriate to possess the species, or at the resident facility of the other falconer. If the falconer providing temporary care to the raptor(s) is of the appropriate classification level, he/she may fly the raptor(s) in whatever way authorized by the permittee, including hunting. This authorization may be extended with FWC Division of Law Enforcement approval.
The falconer providing temporary care must have a signed and dated statement from the other falconer including information about the time period he/she is allowed to keep the raptor and must have a copy of the original Migratory Bird Acquisition And Disposition Report, 3-186A form that shows the other falconer as the possesor of the raptor(s).
A person who does not hold a falconry permit may care for falconry raptor(s) at the permittee’s resident facilities for 45 consecutive days. The person caring for the falconry raptor(s) may not fly them for any reason. This authorization may be extended with FWC, Division of Law Enforcement approval in extenuating circumstances.

(d) A General or Master falconer may assist a permitted migratory bird rehabilitator to condition raptors in preparation for their release to the wild. The raptors may be maintained at the falconer’s resident facility.

The rehabilitator must provide written documentation that identifies the raptor(s) and explains that the falconer is assisting in the raptor’s rehabilitation.
The raptors will remain under the migratory bird rehabilitator’s permit.
The raptors will be released to the wild or returned to the rehabilitator within the 180 time frame the rehabilitator is authorized to possess the bird. Any release will be coordinated with the rehabilitator.

(10) Inspections:

(a) A FWC representative shall inspect the applicant’s facility for keeping the raptor prior to the issuance of a falconry permit and shall report the conditions observed. Periodic inspections shall be made thereafter, and the inspector shall make written reports thereof to the executive director. Refusal to permit inspection of facilities may result in denial of issuance or revocation of the raptor permit.

(b) In the event an inspection report indicates mistreatment or lack of adequate facilities to properly care for any raptor and if, following notice, the permittee fails to correct the deficiency within 48 hours, the executive director may revoke the falconry permit and confiscate any raptors in possession.

(11) Marking:

(a) A falconer may not possess a peregrine falcon (Falco peregrinus), a gyrfalcon (Falco rusticolus), a goshawk (Accipiter gentilis), or a Harris’s hawk (Parabuteo unicinctus) for falconry purposes unless the bird is banded with a seamless numbered band, or a permanent nonreusable band provided by the Service. The permittee may also implant an ISO (International Organization for Standardization) – compliant (134.2 kHz) microchip at his or her expense.

(b) A raptor bred in captivity must be marked with a seamless metal band. The permittee may also implant an ISO-compliant (134.2 kHz) microchip at his or her expense.

(c) The alteration, counterfeiting or defacing of a band is prohibited, except that a permittee may remove the rear tab on a band and may smooth any imperfect surface provided that the integrity of the marker and its number are not altered.

(d) For bands that cause problems or exceptions to the above requirements, a request for deviation from rule may be made online through http://www.GoOutdoorsFlorida.gov.

(12) Capturing, releasing, and transporting raptors:

(a) Capturing:

A permittee may not intentionally capture a raptor species that he/she is not allowed to possess depending on the classification level. Captured birds not allowed by classification level must be released immediately.
Raptors removed from the wild are always considered wild raptors.
Up to two young birds not yet capable of flight (eyases) or capable of flight but still associated with the nest (branchers) may only be taken by a general or master falconer. The season is year round. When taking an eyas, the permittee must leave at least one young bird in the nest or aerie.
First year (passage) birds may be taken only during the period of August 15 through February 15.
A raptor wearing falconry equipment or otherwise identifiable as a falconry bird may be retrapped at any time.

a. The raptor does not count against the permittee’s possession or take limit while in temporary custody.

b. The raptor must be returned to the owner if the owner is known and may lawfully possess it. If the owner cannot be determined or cannot possess the raptor, the falconer must contact FWC to determine disposition of the raptor.

c. A falconer can retrap a bird he or she has lost at any time.

d. A banded peregrine falcon (Falco peregrinus) may not be taken from the wild.

e. A captured raptor marked with a research band or marking, or a transmitter must be reported to the Federal Bird Banding Laboratory at (800)327-2263 or http://www.reportband.gov.

Only a great horned owl (Bubo virginianus) or an American kestrel (F.s. sparverius) may be taken when over one year old.
The (F.s. sparverius) subspecies of the American kestrel for falconry may be taken during the period of September 15 through January 15.
Take of the southeastern American kestrel (F.s. paulus) for falconry will require an imperiled species intentional take permit, unless take is permitted by the Service pursuant to subsection 68A-27.007(1), F.A.C.
Pursuant to federal and state requirements for threatened species, a General or Master falconer may take no more than one raptor of a federally threatened species and one raptor of state threatened species from the wild each year. The falconer must obtain a federal and/or state endangered species permit before taking the raptor.
A raptor injured due to trapping efforts may be kept under the falconer’s permit as authorized by his or her classification level, and must be immediately treated by a veterinarian or given to a permitted wildlife rehabilitator.
A permittee is not authorized to capture, release, or hunt on public lands if it is prohibited on those lands or on private property without permisson from the landowner or custodian. The take of falconry birds from public right of ways is permitted persuant to subsection 68A-4.008(1), F.A.C.
A resident of a state other than Florida who holds a valid falconry permit in their state of residence may take raptors in Florida, and possess and transport raptors so taken, under authority of a permit issued by the executive director. A request for raptor take permits from nonresidents shall include a copy of the applicant’s falconry permit; a list of the species, number, and age of raptors proposed to be taken; a list of all other raptors held under the applicant’s falconry permit; and a description of the general area where raptors are proposed to be taken. Permit issuance will be based on consideration of the population status of the species requested; whether or not the species requested is listed by FWC or the Service as threatened, endangered, or of special concern; the number of raptors to be taken; and the permit class of the applicant. Applicants for nonresident raptor take permits shall adhere to the restrictions on take and possession limits for Florida residents as provided in this rule section, and shall submit to FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600, a list of all raptors taken and the location(s) where they were captured within 10 days of take.
The take of peregrine falcons (Falco peregrinus) is prohibited except as authorized by permit from the executive director and consistent with the most recent U.S. Fish and Wildlife Service Final Environmental Assessment and Management Plan for Peregrine Falcons, August 2008 (incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02463). The FWC shall randomly select applications and issue permits annually. Priority for receiving a permit shall be given to Florida residents. Only one application may be submitted per applicant each year.
Applicants for permits to take imperiled species must follow guidelines outlined in paragraph 68A-27.007(2)(a), F.A.C.
The take of burrowing owls (Athene cunicularia) for falconry is prohibited.

(b) Releasing:

No permittee may release a species that is not native to Florida into the wild. The raptor must be transferred to another qualified falconry permittee or another person or entity licensed or permitted to possess the species.
Hybrid raptors may not be permanently released into the wild. When flown free, a hybrid raptor must have at least two attached radio transmitters to increase the likelihood of recovery.
A captive-bred raptor may only be released if the species is native to Florida and if the permittee is given permission by the Executive Director. The permittee must make the request in writing to FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600. If permitted to release the raptor, the permittee must hack the bird to the wild at an appropriate time of year at an appropriate location. This release must be reported to the Service and FWC within 10 business days.
A General or Master falconer is allowed to hack a falconry bird as a method of training.

(c) Transporting: When a permittee is transporting a raptor for hunting, he/she must ensure that the bird has a suitable perch and is protected from extreme temperatures, wind, and excessive disturbance. A “giant hood” or similar container is acceptable for transporting or housing a raptor when away from the resident facilities.

(13) Transferring raptors:

(a) A permittee may transfer a wild raptor to another falconry permittee in the State without special authorization. A permittee may trade or transfer a wild raptor to another permittee in an interstate transaction if allowed by the recipient’s State, but no money or other consideration may be involved in the transaction.

(b) A permittee may purchase, barter, or offer to sell, purchase, or barter a captive-bred raptor marked with a seamless band to another permittee who is authorized to possess it.

(c) Permittee may acquire a raptor of any age of a species that he or she is allowed to possess directly from a rehabilitator. Transfer to that permittee is at the discretion of the rehabilitator. A raptor aquired from a rehabilitator will count as one of the raptors the permittee is allowed to take from the wild that year.

(d) Transfer of falconry birds for propagation purposes:

A wild falconry bird may be transferred to a raptor propagation permit after the bird has been used in falconry for at least 2 years and 1 year for a sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipiter cooperii), merlin (Falco columbarius), or American kestrel (F.s. sparverius) or less than one year if the bird has been injured and has been determined by a veterinarian or rehabilitator that it can no longer be flown in falconry. The transfer must be reported to the Service pursuant to paragraph (14)(a), of this rule. Both parties must report the transfer/acquisition. If the bird is transferred due to injury, a copy of the certification of injury from a veterinarian or a rehabilitator must also be provided.
Captive-bred falconry raptors may be transferred to another permit that is authorized to possess that species of bird. The transfer must be reported to the Service within 10 days via form 3-186A.
Raptors held for falconry purposes may be used in captive propagation with a Raptor Propagation Permit from the Service. The falconry raptor does not need to be transferred to the propagation permit if it is used for fewer than 8 months in a year in captive propagation. If the bird is permanently transferred to propagation, then the bird must also be transferred to that permit and banded as in 50 C.F.R. part 21.30.

(14) Reporting and Record Keeping:

(a) Any acquisition, transfer, release, rebanding, microchipping, escape, death or theft must be reported by the permittee within 10 days by entering the required information through the electronic database at http://epermits.fws.gov/falcp or under special circumstances by submitting the Service’s Migratory Bird Acquisition And Disposition Report, 3-186A (rev. 1/2020), which is adopted and incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14607. The paper form may be submitted to FWC, Division of Law Enforcement, 620 South Meridian St., Tallahassee, FL 32399-1600. FWC will promptly enter the data on the paper form into the Service’s 3-186A system.

(b) A lost or removed band must be reported to the Service within 5 days, and upon rebanding the raptor, the required information must be reported to the Service immediately persuant to paragraph (14)(a), of this rule.

(d) Record of acquisition must be retained by the falconer. The records shall be legibly written or reproducible in English and shall be maintained for five years from the date of expiration of the permit. Records of transfer, loss, or death must be retained for 5 years after the transfer loss or death.

(15) Miscellaneous rules for Falconry:

(a) Feathers and disposition of carcasses of falconry birds that die:

Feathers may not be bought, sold or bartered. Feathers that are molted or feathers from deceased falconry raptors except Golden eagles (Aquila chrysaetos) may be retained and exchanged by permittees only for imping purposes. Feathers may be donated to Native Americans or other qualified permittees or institutions.
Carcasses of Golden eagles (Aquila chrysaetos) and all parts thereof, must be sent to U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, 6550 Gateway Road, Building 128, Commerce City, Colorado 80022.
Carcasses of any other species of falconry raptor or feathers may be kept or donated to any person or institution authorized by the Service to acquire and possess such parts or feathers or exempt from such authorization. If the falconry raptor was banded or had a microchip implanted prior to its death the body may be mounted for use in conservation education programs. The band must stay with the body and if implanted with a microchip the microchip must remain in place.
Feathers or carcasses not retained or donated must be burned, buried or otherwise destroyed within 10 days.

(b) A nonresident falconer may possess and transport a raptor or raptors used for falconry purposes in Florida with no additional authorization, provided that he or she carries a falconry permit that is valid for his or her state of residence.

(c) A resident or non-resident falconer must possess a valid Florida Hunting License and all other applicable licensing appropriate to the desired hunting activity while hunting in Florida.

(d) Regardless of differences in laws between states, a permittee must adhere to the laws listed in this rule when practicing falconry in Florida.

(e) Falconers must also comply with the Service’s regulations regarding the use and possession of raptors that are not mentioned in this rule.

(f) In practicing falconry, a permittee must ensure that his or her activities do not cause the take of Federally or State listed Threatened or Endangered species.

(g) Prey killed by a falconry bird without intent by the permittee including an animal taken outside of the regular hunting season may be fed on by the falconry raptor but the animal may not be taken into the possession of the falconer. Federally or State listed Threatened or Endangered species accidentally taken by a falconry raptor must be reported immediately to the Service and FWC, including the location of the accidental take.

(h) A permittee may participate in the take of a bird for which a depredation order is in place, but may not be paid for doing so.

(i) Master and General class falconers may conduct abatement activities with raptors possessed for falconry purposes in accordance with a valid Abatement Permit issued by the Service.

(j) If a permittee dies, a surviving spouse, executor, administrator, or other legal representative may transfer any bird held by that permittee to another authorized permittee within 90 days of the death of the falconer. After 90 days, the disposition of a bird held under the permit is at the discretion of the FWC.

(k) A permitted falconer who wish to sell captive bred raptors or exhibit wildlife must obtain a valid Exhibition and Sale License.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-9.05, Amended 4-14-92, 7-1-94, Formerly 39-9.005, Amended 1-19-10, 1-1-14, 8-23-22, 7-17-23.

Fla. Admin. Code R. 68A-9.006 Wildlife Rehabilitation Permit

(1) No person shall possess any sick, injured, orphaned, or otherwise impaired wildlife native to the state of Florida for rehabilitation purposes without a permit from the Commission in accordance with this rule section, except as provided by paragraph (1)(d) below. Wildlife possessed under the authority of this rule remains under the control of the Commission.

(a) Wildlife shall be rehabilitated at the approved facility location, except as provided herein.

(b) The wildlife rehabilitation permit does not authorize rehabilitation of wildlife not native to the state of Florida. Possession of nonnative wildlife shall be in accordance with 379.3761, F.S., 379.3762, F.S., or Chapter 68-5, F.A.C.

(c) The wildlife rehabilitation permit does not authorize rehabilitation of wildlife that did not originate from the wild in Florida, except as provided herein.

(d) This wildlife rehabilitation permit does not authorize rehabilitation of marine turtles or marine mammals. Rehabilitation of marine turtles and marine mammals shall be as otherwise authorized by the Commission.

(e) Sick or injured native crocodilian species may be temporarily possessed by a rehabilitation permittee for the limited purpose of treatment and care in preparation for placement at the direction of the Commission. Permittees shall not possess uninjured hatchlings or eggs of these species unless otherwise authorized by the Commission.

(f) For the purposes of this rule, reptiles may only be possessed if they are sick or injured and shall not be considered orphaned.

(g) Veterinarians licensed by the state of Florida are authorized to be in temporary possession of sick, injured, or impaired wildlife for the purpose of practicing veterinary medicine without obtaining a wildlife rehabilitation permit. Once such wildlife is no longer in need of veterinary medical treatment, it shall be transferred to a permitted rehabilitator or released in accordance with paragraph (12)(c) below. Veterinarians who intake native wildlife in need of rehabilitative care shall contact a permitted wildlife rehabilitator for consultation within 48 hours of intake.

(2) Definitions.

(a) Apprentice rehabilitator – a permittee who is operating under the supervision of a General rehabilitator while learning the necessary skills to be a successful rehabilitator.

(b) Dissolve – the legal process of winding down and officially closing an entity or organization, involving the cessation of all permitted activities.

(d) Habituated wildlife - animals which have become accustomed to the presence and activities of humans to the extent that they have lost their fear of humans and no longer demonstrate fight or flight behavior.

(e) Humane euthanasia - intentionally ending the life of an animal in a manner that minimizes pain, distress, and suffering, as outlined in the American Veterinary Medicine Association guidelines for the euthanasia of animals.

(f) Living area - the part of a residential property that is used for living purposes, which includes rooms such as living rooms, kitchen areas, dens, play rooms, and bedrooms. Rooms used exclusively for housing wildlife shall not be considered a living area.

(g) Mal-imprinting - also referred to as mis-imprinting or improper imprinting, a behavior observed in certain wildlife species where young animals form strong and often irreversible attachments to inappropriate specific objects, individuals, or members of other species during a critical period early in their development.

(h) Non-releasable - wildlife that is determined by the Commission to be unsuitable for release back into its natural habitat due to mal-imprinting, habituation, or physical impairment.

(i) Off-site volunteer – an individual authorized under a General rehabilitation permit to temporarily possess wildlife at a location other than the permitted facility for the sole purpose of caring for migratory birds or orphaned infant wildlife as provided in this rule.

(j) Orphaned wildlife – an infant mammal or bird which has been permanently separated from its natural parents and cannot survive on its own.

(k) Refusal of inspection – when a permittee, applicant, employee, or volunteer intentionally denies access by Commission personnel to the facility, inventory, or facility’s records or directs another to deny such access.

(l) Rehabilitation - temporary possession of sick, injured, or orphaned wildlife to provide for the proper treatment and care of such wildlife for the specific purpose of release back into the wild. This process aims to minimize human interaction while maximizing the animal's chances of survival and successful reintegration into the wild.

(m) Soft release – a means of gradually acclimating rehabilitated wildlife to a more natural environment before permanent release. Animals undergoing soft release must have at least twelve (12) hours of unrestricted access to the wild daily.

(n) Sponsor – a General wildlife rehabilitation permittee who elects to mentor an Apprentice wildlife rehabilitation permittee for the purpose of providing oversight, guidance, and training to assist the Apprentice in becoming a General wildlife rehabilitator.

(o) Weaned – an early stage in a mammal’s life in which they would normally shift their dependency from milk and transition to other sources of food; no longer relying on milk for nourishment.

(3) Qualification requirements for a permit to possess wildlife for rehabilitation purposes (Apprentice and General):

(a) Applicant must be eighteen (18) years of age or older.

(b) Applicant shall not have been convicted of any violation of captive wildlife regulations or venomous reptile or reptile of concern regulations involving unsafe housing of wildlife or that could potentially endanger the public; any violation involving the illegal commercialization of wildlife; any violation involving cruelty to animals; any violation involving importation of wildlife; or any violation involving improper rehabilitation of wildlife within three (3) years of the date of application.

(d) Applicant shall specify the location of the facility at which wildlife undergoing rehabilitation shall be maintained. There shall only be one General wildlife rehabilitator permitted at each facility location. The facility shall be constructed on property owned or leased by the applicant, except Apprentice wildlife rehabilitators may be permitted at the same facility location as their sponsor. Facilities for wildlife rehabilitation shall be inspected and approved by Commission personnel prior to the issuance of the permit and placement of animals at the facility location.

(e) Applicants shall provide proof of completion of a Commission-approved Basic Wildlife Rehabilitation course provided through the International Wildlife Rehabilitation Council (IWRC), the National Wildlife Rehabilitators Association (NWRA), or the Florida Wildlife Rehabilitators Association (FWRA). Individuals with a valid rehabilitation permit on April 2, 2024, shall be exempt from this requirement.

(f) Applicants requesting to renew an existing permit shall provide documentation of sixteen (16) hours of continuing education completed during the current permit period. Approved continuing education courses or symposiums shall only include the International Wildlife Rehabilitation Council (IWRC) Certified Wildlife Rehabilitator Approved Continuing Education List or other relevant Commission-approved courses. If a symposium is used for continuing education, such documentation of continuing education shall include a list of courses attended and proof of attendance provided by facilitator. Individuals with a valid rehabilitation permit on April 2, 2024, shall come into compliance with this requirement by April 2, 2026.

(g) Initial applicants for a General wildlife rehabilitation permit must have maintained an active Apprentice wildlife rehabilitation permit and have been operating as an Apprentice wildlife rehabilitator under a sponsor for at least one (1) year.

(h) A wildlife rehabilitation permit shall authorize the rehabilitation of all native wildlife, except those outlined below. To add additional authorizations, applicants shall meet the qualifications outlined in paragraphs (3)(i)-(m) below, as applicable.

(i) In order to rehabilitate native species designated as Class I or Class II wildlife per Rule 68A-6.002, F.A.C., applicants shall demonstrate experience requirements in accordance with paragraphs 68A-6.004(2)(c) or (d), F.A.C., respectively.

(j) In order to rehabilitate native venomous reptiles, applicants shall demonstrate experience requirements in accordance with paragraph 68A-6.017(2)(e), F.A.C.

(k) General wildlife rehabilitation permittees shall gain experience or training before being authorized to rehabilitate the following:

Raccoons
Foxes
Otters
Beavers
Bats
Reptiles

(l) Experience or training for the species listed in subparagraphs (3)(k)1.-6. above shall consist of the following:

For initial General wildlife rehabilitation permit applicants, experience and training gained under a General wildlife rehabilitation permittee who is authorized for the specific wildlife requested. Such experience or training shall consist of successful rehabilitation of at least two (2) individuals of the requested wildlife under the guidance of a General wildlife rehabilitation permittee who is authorized for the specific wildlife requested.
For permitted General wildlife rehabilitators, experience shall be gained through experience and training as provided in subparagraph (3)(l)1. above, or education courses which include topics specifically related to the care and treatment of the wildlife requested. Such education courses shall consist of at least two (2) hours of courses from the approved list specified in paragraph (3)(f) above.

(m) A federal permit authorizing rehabilitation of migratory birds, issued by the United States Fish and Wildlife Service (USFWS), is also required if possessing migratory birds for rehabilitation purposes. Such permit shall be obtained and maintained and shall be made available for inspection upon request of Commission personnel.

(n) Individuals with a valid rehabilitation permit on April 2, 2024, shall be considered General wildlife rehabilitators and shall be exempt from the requirements in paragraphs (3)(g)-(l) above.

(4) Permit application requirements for General and Apprentice rehabilitators: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess wildlife for rehabilitation purposes shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) To be permitted as a business, in addition to paragraph (4)(a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(d) The complete facility address where the wildlife is located to include city, state, and zip code.

(e) The county or counties where the facility is located.

(f) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant.

(g) The applicant’s driver’s license number/ID number and a copy of the applicant’s valid government-issued photo ID.

(h) Description of the types of holding facilities, cages, or enclosures the applicant maintains.

(i) Whether the applicant is requesting authorization for rehabilitation of orphaned infant wildlife only.

(j) The name, business name (if applicable), physical address, and personal or business phone number for a veterinarian who will assist applicant by providing consulting and referral services regarding treatment and diagnosis.

(k) A signed letter from an attending veterinarian as described in paragraph (4)(j) above, verifying such consulting and referral services. The letter shall include a list of the types of wildlife for which the veterinarian agrees to provide services and assistance.

(l) Initial applicants for a General wildlife rehabilitation permit shall submit a notarized letter from their sponsor(s) verifying the sponsor has provided supervision, direction, and adequate training of the duties and regulations involved in proper wildlife rehabilitation. The letter shall specify the length of time the applicant was an Apprentice under the sponsor.

(m) Initial applicants for a General wildlife rehabilitation permit who wish to be authorized to rehabilitate wildlife listed in subparagraphs (3)(k)1.-6. above shall submit a notarized letter from their sponsor(s) verifying the sponsor has provided experience and training with the specific wildlife they wish to be authorized for. The letter shall specify the length and type of training the applicant received under the sponsor.

(n) General wildlife rehabilitation permittees who did not possess a valid rehabilitation permit on April 2, 2024, who wish to rehabilitate wildlife listed in subparagraphs (3)(k)1.-6. above shall submit documentation verifying experience and training with the specific wildlife they wish to be authorized for. Such documentation shall include:

A notarized letter from a General wildlife rehabilitation permittee who is authorized for the specific wildlife requested verifying they have provided experience and training with the specific wildlife requested. Such letter shall specify the length and type of training the applicant received under the permittee; or
Proof of education courses required in subparagraph (3)(l)2. above which include topics specifically related to the care and treatment of the wildlife requested.

(o) An estimate of the maximum number and type(s) of wildlife applicant is equipped to handle at any one time.

(p) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(q) Apprentice rehabilitator applicants shall also provide a current notarized letter from a holder of a valid General wildlife rehabilitation permit stating that he or she will sponsor and assist the applicant as necessary in the items outlined in subparagraphs (6)(a)1.-4. below.

(5) Apprentice rehabilitators.

(a) Apprentice rehabilitation facilities shall be located no more than 120 miles from the sponsor facility.

(b) Apprentice rehabilitation permittees shall maintain a sponsor at all times while operating as an Apprentice. Any change in sponsorship status shall be reported by the Apprentice to the FWC Captive Wildlife Section in writing no later than one (1) week after a change in sponsorship status.

(c) Apprentice rehabilitation permittees shall be authorized for rehabilitation of the wildlife species for which their sponsor is authorized without meeting additional experience requirements.

(d) Apprentice rehabilitators who are permitted at the same facility location as their sponsor shall maintain independent records, shall specifically identify which animals are under their care, and shall not commingle wildlife under their care with wildlife under the care of their sponsor.

(e) If a sponsor withdraws their sponsorship, the Apprentice shall obtain a new sponsor within thirty (30) days. An apprentice shall not be in possession of wildlife held under the authority of this rule without a sponsor.

(f) Apprentice rehabilitation permittees shall not utilize off-site volunteers.

(6) Sponsor responsibilities.

(a) A sponsor is responsible for assisting their Apprentice(s) as necessary with:

Learning about relevant wildlife laws and regulations;
Basic care of native wildlife, to include animal behavior, husbandry, nutritional requirements, rehabilitative care, and ecology;
Determining appropriate equipment needed for wildlife rehabilitation; and
Learning and understanding standards in wildlife rehabilitation, as established by the International Wildlife Rehabilitation Council.

(b) A sponsor must perform a physical site check of each Apprentice’s facility no less than once during every three (3) month period. Documentation of each site check shall be submitted to the Commission no more than seven (7) days after the completion of the site check. Such documentation shall include verification of complete and accurate records as follows:

Species and number of all wildlife currently undergoing rehabilitation at the facility.
Intake records for all wildlife at the facility.
Treatment plan for all sick or injured wildlife at the facility.
Care records for all orphaned infant wildlife at the facility.
All disposition records.
Overview of condition of the facility, to include sanitation, nutrition, and caging.
Verification that rehabilitation is being conducted in a manner that minimizes human interaction and maximizes the wildlife’s chances of survival and successful reintegration into the wild.
Deficiencies noted and guidance given for areas of improvement.

(c) Documentation of Apprentice facility site visits shall be maintained at the sponsor’s facility for a period of three (3) years and shall be available to Commission personnel upon request.

(d) A General wildlife rehabilitation permittee shall sponsor no more than three (3) Apprentices at any time.

(e) A General wildlife rehabilitation permittee who no longer wishes to sponsor a current Apprentice shall notify the FWC Captive Wildlife Section in writing no later than one (1) week after change in sponsorship status.

(7) Off-site volunteers.

(a) A General rehabilitation permittee may have up to and no more than ten (10) off-site volunteers at any one time.

(b) To add an off-site volunteer to their permit, a General rehabilitator shall provide the legal name, date of birth, phone number, off-site location address, and a copy of a current valid government-issued identification of the off-site volunteer to the Commission.

(c) The addition of an off-site volunteer to a General rehabilitator’s permit shall be approved by the Commission prior to wildlife being housed at an off-site location.

(d) The off-site volunteer location shall be located no more than 120 miles from the main permitted rehabilitation facility.

(e) When not at the main facility location, wildlife shall only be rehabilitated at the approved off-site location.

(f) Off-site volunteers shall meet the requirements outlined in paragraphs (3)(a)-(c) above.

(g) In order to possess native species designated as Class I or Class II wildlife per Rule 68A-6.002, F.A.C., off-site volunteers shall demonstrate experience requirements in accordance with paragraphs 68A-6.004(2)(c) or (d), F.A.C., respectively.

(h) Off-site volunteer facilities are subject to inspection at all times. If an inspection is refused, off-site volunteer shall lose their privileges to possess wildlife for rehabilitation and all wildlife possessed at the off-site volunteer’s location shall be transferred to the main rehabilitation facility within forty-eight (48) hours following the refusal.

(i) General rehabilitators shall be fully responsible for the off-site volunteer’s care and possession of the wildlife.

(j) Wildlife rehabilitators who utilize off-site volunteers shall maintain a current valid list of all off-site volunteers at their facility. Such list shall include name, address, and phone number of each off-site volunteer. The list shall be available to Commission personnel upon request.

(k) Wildlife rehabilitators who utilize off-site volunteers shall maintain a current list of all wildlife possessed by each off-site volunteer, listed by species and number.

(l) All wildlife shall be physically admitted to the main rehabilitation facility prior to being transferred to an off-site volunteer’s location.

(m) Off-site volunteers shall maintain a copy of the General rehabilitator’s valid permit at their location at all times wildlife is present.

(n) If possessing migratory birds for rehabilitation purposes, off-site volunteers shall be authorized on a federal permit issued by the United State Fish and Wildlife Service (USFWS) and authorizing rehabilitation of migratory birds. Such permit shall be made available for inspection upon request of Commission personnel.

(o) Migratory birds shall be held off-site and returned to the General rehabilitator’s facility in accordance with the conditions of their federal rehabilitation permit.

(p) All wildlife, except migratory birds, shall be returned to the General rehabilitator’s facility no more than one (1) week after the animal is weaned, or when they reach twelve (12) weeks in age, whichever comes first.

(8) Facility requirements.

(a) The facility shall be constructed on property owned or leased by the permittee except for those permitted as Apprentices located at the same facility as their sponsor. If leased, the permittee shall maintain a current lease agreement for the facility property which shall be available for inspection by Commission personnel upon request.

(b) Wildlife undergoing rehabilitation shall be housed in a way which minimizes human interaction to prevent mal-imprinting or habituation. Wildlife undergoing rehabilitation shall not be housed in a space that is actively being used as a living area.

(c) When hands-on care is necessary, wildlife may be cared for temporarily in a living area before the animal’s eyes have opened.

(d) The facility shall have a designated area suitable to quarantine animals.

(e) Caging requirements:

Wildlife being held for rehabilitation shall be housed or caged in outdoor enclosures which meet the standard caging requirements set forth in Chapter 68A-6, F.A.C., unless otherwise specified herein. Increased cage size for additional animals as provided in Chapter 68A-6, F.A.C., shall not be required, so long as the enclosure allows for natural behavior and movement for the animals enclosed.
Sick or injured wildlife being held for rehabilitation, for veterinary care, or for quarantine may be housed or caged in indoor or outdoor enclosures smaller than the sizes set forth in Chapter 68A-6, F.A.C., for a period not to exceed sixty (60) days. This period may be extended in circumstances where a licensed veterinarian has certified in writing that a longer holding period is medically necessary in the interests of the health, safety and welfare of the subject animals or the public. Medical records concerning all animals for which an extension of the sixty (60) day period is obtained shall be maintained at the facility and shall be made available for inspection upon request by Commission personnel.
Prior to being weaned or fledged, infant wildlife may be housed in indoor or outdoor enclosures smaller than the sizes set forth in Chapter 68A-6, F.A.C.
After being weaned or fledged, juvenile wildlife must be housed outdoors and may be housed in enclosures smaller than the sizes set forth in Chapter 68A-6, F.A.C., for a period not to exceed ninety (90) days from intake of the animal.
Once wildlife being housed in indoor enclosures are in stable health and any injuries have sufficiently healed, animals shall be released or moved to outdoor enclosures.
The caging or enclosures of all wildlife temporarily held under this section shall not be smaller than that required for the caged animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal.
Cages or enclosures housing wildlife shall be constructed so as to prevent escape and protect the caged animal from injury. Such cages or enclosures shall be free of sharp edges, projections, or objects detrimental to the animal(s)’ safety. Such cages or enclosures shall be free of objects that impede the movement of the animal(s) unless necessary to prevent injury to the animal(s).
Wildlife shall be maintained in humane conditions and within compatible groups, including separation of prey and predator species by visual barriers.
Wildlife twelve (12) weeks of age or older shall not be grouped in enclosures in a way which impedes the rehabilitation, natural behavior, or movement for the species being housed.
All enclosures shall be marked, so as to be traceable to written records identifying the animal(s) held within each enclosure. Such records shall be maintained and made available for inspection by Commission personnel.

(9) Inspection requirements.

(a) Commission personnel shall inspect and approve an applicant’s facility prior to the issuance of a rehabilitation permit. Applicant shall have at least one (1) outdoor enclosure which meets the requirements set forth in subparagraph (8)(e)1. for the wildlife they are intending to rehabilitate.

(b) Commission personnel may enter and inspect a permittee’s rehabilitation facility to determine whether the permittee is in compliance with applicable laws and regulations.

(d) If a wildlife rehabilitation permit is revoked, denied, non-renewed, or dissolved, Commission personnel shall have the authority to verify the final disposition of wildlife previously authorized under the revoked, denied, non-renewed, or dissolved permit for a period of twelve (12) months after the permit is no longer active. Verification may include inspection by officers of the Commission, pursuant to Section 379.304, F.S.

(10) Intake requirements.

(a) Permittees shall not refuse to accept native wildlife except as provided herein. If a permittee receives wildlife they are not authorized to care for due to reasons listed in subsection (1), they shall notify the Commission or immediately transfer to an appropriately permitted rehabilitator. If a permittee is unable to care for the wildlife for one of the reasons listed in subparagraphs (10)(a)1.-5. below, the permittee shall transfer the wildlife to another rehabilitation facility or refer the member of the public to another rehabilitation facility. Exceptions:

The permittee does not have appropriate space or facilities.
The permittee lacks experience or expertise with the species of wildlife so as to prevent successful rehabilitation of the wildlife, or so as to present a danger to the wildlife, the permittee or the public.
Accepting the wildlife presents a disease concern for the permittee or others interacting with the wildlife or presents a disease concern for other animals housed at the facility.
Wildlife received is older than an infant or is injured and the permittee is only authorized for rehabilitation of orphaned infants; or
The permittee has other exigent circumstances. The permittee shall obtain approval from the Commission prior to refusing to accept wildlife due to exigent circumstances.

(b) Permittees who receive any species classified as state threatened or endangered, per Rule 68A-27.003, F.A.C., shall notify the FWC Captive Wildlife Section within twenty-four (24) hours after receipt.

(c) Permittees who receive any native species designated as Class I or Class II wildlife per Rule 68A-6.002, F.A.C., shall notify the FWC Captive Wildlife Section within twenty-four (24) hours after receipt.

(d) Migratory birds originating in another state may be transferred to a permitted rehabilitator in Florida for the purposes of rehabilitation and release in accordance with naturally occurring migratory patterns of the species.

(e) If utilizing an unmanned “drop-off” site, the site must be on the permitted facility property, must be checked no less than every twelve (12) hours, and a contact phone number must be posted at the site. If a permittee is unable to check the drop-off site every twelve (12) hours for any period of time, notice must be posted at the site informing the public that the drop-off site is not being monitored and not to leave animals at the site.

(11) Care requirements.

(a) Wildlife rehabilitation permittees shall not perform rehabilitative care and treatment beyond their scope and training.

(b) If a wildlife rehabilitation permittee receives an animal that is uninjured or does not require further treatment or care after initial observation, such animal shall be released as soon as practicable, but no longer than forty-eight (48) hours after initial observation, in accordance with this rule.

(c) When an animal is experiencing severe, unmanageable pain or suffering due to injuries, illness, or other condition, and there is no reasonable expectation of improvement, it shall be euthanized in accordance with paragraph (12)(d).

(d) Care and treatment of animals undergoing wildlife rehabilitation shall be conducted in a manner which minimizes human interaction to prevent mal-imprinting or habituation and maximizes the animal's chances of survival and successful reintegration into the wild after release.

(e) Wildlife rehabilitation permits do not authorize treatment beyond basic medical care. Treatment beyond basic medical care shall include, but is not limited to:

Surgery.
Amputation.
Administering prescription medication which has not been prescribed by a veterinarian.

(f) When treatment beyond basic medical care is required, an animal shall be evaluated by a veterinarian as soon as practicable.

(g) No wildlife undergoing rehabilitative care shall be altered in the following ways:

Spayed or neutered.
Descented.
Declawed.
Amputations beyond what is medically necessary.
Amputations beyond what is allowed by federal regulations.

(h) Sanitation and Nutritional Requirements:

Sanitation, water disposal, and waste disposal shall be in accordance with all applicable local, state, and federal regulations.
Water: Clean drinking water shall be provided daily. Animals shall have continuous access to clean water in a manner which is appropriate for the species. Any water containers used shall be clean. All pools, tanks, water areas and water containers provided for swimming, wading or drinking shall be clean. Enclosures shall provide drainage for surface water and runoff.
Food: Food shall be of a type that is palatable and nutritionally balanced in a form and presentation appropriate to the animal’s natural behavior and medical condition. Specialized diets shall be at the recommendation of a veterinarian. Food shall be provided in an unspoiled and uncontaminated condition. Clean containers shall be used for feeding.
Waste: Fecal and food waste shall be removed daily from inside, under, and around cages and stored or disposed of in a manner which prevents noxious odors or pests. Cages and enclosures shall be ventilated to prevent noxious odors.
Cleaning and maintenance: Hard floors within cages or enclosures shall be cleaned a minimum of once a week. Bedding materials shall be changed once soiled. Walls of cages and enclosures shall be spot cleaned daily. The surfaces of housing facilities, including perches, shelves, and any furniture-type fixtures within the facility, shall be cleaned weekly, and shall be constructed in a manner and made of materials that permits thorough cleaning. Cages or enclosures with dirt floors shall be raked a minimum of once every three (3) days and all waste material shall be removed. Any surface of cages or enclosures that may come into contact with animal(s) shall be free of excessive rust that prevents the required cleaning or that affects the structural strength. Any painted surface that may come into contact with wildlife shall be free of peeling or flaking paint.

(i) Wildlife rehabilitation permittees shall comply with all applicable state and county health regulations or orders, including, but not limited to, reporting in accordance with paragraph 64D-3.033(1)(e), F.A.C.

(j) Domestic animals allowed on the premises shall be fully vaccinated and have no direct contact with native wildlife undergoing rehabilitation.

(k) Nonnative wildlife shall not be commingled in the same cage or enclosure with native wildlife authorized under this permit.

(12) Disposition requirements.

(a) Wildlife possessed for rehabilitation purposes shall be held no longer than the designated rehabilitation period outlined below before it must be released, euthanized, or deemed non-releasable.

Native Class I and II wildlife, except coyotes, shall be held for a rehabilitation period as directed by Commission personnel.
Beavers and otters shall be held no longer than twelve (12) months.
All other wildlife shall be held no longer than 180 days.
Wildlife may be retained for rehabilitation purposes longer than the designated period above in instances where a licensed veterinarian has certified that a longer holding period is necessary in the interest of the health and welfare of the wildlife. Medical records concerning all wildlife for which an extension of the designated period is obtained shall be maintained at the facility and made available for inspection upon request by Commission personnel.
Migratory birds may be retained for rehabilitation purposes longer than the designated period above for the purposes of release in accordance with naturally occurring migratory patterns of the species. Records concerning all wildlife for which an extension of the designated period is necessary shall be maintained at the facility and made available for inspection upon request by Commission personnel.

(b) Transfer.

Wildlife possessed under the authority of this permit shall only be transferred under the following conditions:

a. A permittee may transfer wildlife to a different permitted wildlife rehabilitator for continuation of care and treatment. If an animal undergoing rehabilitation is transferred to another wildlife rehabilitator, the designated rehabilitation period does not restart at time of transfer.

b. A permittee may temporarily transfer orphaned infant wildlife to their off-site volunteer in accordance with paragraph (7)(l).

c. A permittee may temporarily transfer wildlife to a licensed veterinarian for medical treatment in accordance with paragraph (1)(g).

d. Raptors may also be temporarily transferred to an individual who holds a valid General or Master Falconry permit for the falconer to assist in conditioning the raptors for release to the wild.

(I) The rehabilitation permittee must provide the falconer with a letter or form that identifies the bird and explains that the falconer is assisting in its rehabilitation.

(II) The falconer is exempt from wildlife rehabilitation facility standards. The falconer must meet the facility standards specified in Rule 68A-9.005, F.A.C.

(III) The falconer does not have to add the raptor possessed for rehabilitation purposes to his or her falconry permit; it will remain under the permit of the rehabilitator.

(IV) Upon coordination with the rehabilitation permittee, the falconer must release all releasable raptors to the wild or return them to the rehabilitation permittee for release within the 180-day timeframe in which the permittee is authorized to possess the birds, unless the Commission or USFWS authorizes the falconer to retain and condition a bird for longer than 180 days, or unless the permittee permanently transfers the bird to the falconer in accordance with sub-subparagraph (12)(b)1.e. below.

e. Raptors may also be permanently transferred to a General or Master Falconer in order to add the raptor to the falconer’s permit.

(I) The falconer may acquire a raptor of any age of a species that he/she is permitted to possess directly from a rehabilitator.

(II) The transfer shall be reported pursuant to paragraph 68A-9.005(14)(a), F.A.C.

(III) If the falconer acquires a bird from a rehabilitator, it will count as one of the raptors the falconer is authorized to take from the wild that year.

Permission from landowner or manager shall be obtained prior to release of wildlife.
Wildlife shall be released onto suitable habitat near or at the point of capture, if able. If not able, wildlife shall be released onto habitat where such wildlife naturally occurs and which will biologically support the species.
Released wildlife shall not create a public nuisance.
Wildlife capable of surviving in the wild shall be released as soon as practical and shall not be held for the full designated rehabilitation period specified for the species in paragraph (12)(a) if unnecessary.
Crocodilian species shall not be released.
Mallard ducks (Anas platyrhynchos), and any fertile hybrids, shall not be released, in accordance with Rule 68A-4.0052, F.A.C.

(d) Euthanasia.

Euthanasia of wildlife shall be humane.
Wildlife that dies while in the custody of the permittee shall be disposed of or offered to a museum, university, or other educational facility, in accordance with Rule 68A-12.004, F.A.C.
Crocodilians that die or are euthanized while in the custody of the permittee shall be completely destroyed and disposed of in accordance with local laws and ordinances. The alligator harvest report form (FWC form 1001AT, effective April 30, 2000) shall be completed and signed immediately upon death of the animal and submitted to the Commission within 30 days of the animal’s death. Permittees shall not receive compensation from alligator parts following the death of the animal.
Possession of migratory bird parts or carcasses shall be in compliance with federal regulations.

(e) Non-releasable wildlife.

Wildlife shall not be considered non-releasable unless such finding is approved by the Commission.
All wildlife deemed non-releasable shall be placed at a permitted facility. The placement shall be approved in writing by the Commission prior to the placement of such wildlife.
In order to be deemed non-releasable due to mal-imprinting or habituation, all of the following criteria must be met:

a. Attending rehabilitation permittee shall document in writing that that animal is mal-imprinted or habituated, and steps taken by permittee to prevent such condition.

b. An independent rehabilitation permittee shall corroborate the non-releasable condition of the animal, in writing. The independent rehabilitation permittee shall make an evaluation of the animal in person. The independent rehabilitation permittee shall not be the sponsor or Apprentice of the attending rehabilitation permittee.

c. A veterinarian shall corroborate the non-releasable condition of the animal, in writing. The veterinarian shall make an evaluation of the animal in person.

d. Commission personnel shall approve the non-releasable condition of the animal in writing.

In order to be deemed non-releasable due to physical impairment, all of the following criteria must be met:

a. Attending rehabilitation permittee shall document in writing that that animal is physically impaired.

b. A veterinarian shall corroborate the non-releasable condition of the animal, in writing. The veterinarian shall make an evaluation of the animal in person.

c. Commission personnel shall approve the non-releasable condition of the animal in writing.

Animals deemed as non-releasable shall be permanently identified by means of tattoo, brand, passive integrated transponder (PIT tag), band (birds only), photographic identification, or other method that clearly and permanently identifies that particular specimen so as to be distinguished from other specimens of the same species. Such permanent identification shall occur no more than five (5) days after the animal has been transferred.
Wildlife deemed non-releasable due to mal-imprinting or habituation shall be placed with an independent entity who did not participate in the rehabilitative care of the wildlife, except as specified in subparagraph (12)(e)7. below.
When mal-imprinted or habituated wildlife is transferred by the Commission to a rehabilitator in an attempt to correct the mal-imprinted or habituated condition and rehabilitation is unsuccessful, such non-releasable wildlife may be placed at the current rehabilitation facility, in accordance with subparagraph (12)(e)2. above.
Facility receiving non-releasable wildlife must maintain documentation of the non-releasable status provided by the Commission for the life of the animal. Such records shall be maintained with the animal if the animal is transferred to a different facility.
If a facility that received non-releasable wildlife would like to transfer such non-releasable wildlife to a different facility, they shall contact Commission personnel for direction on the placement of the animal.
All non-releasable wildlife shall be maintained in enclosures that meet or exceed the minimum caging specifications in Chapter 68A-6, F.A.C., except as otherwise authorized by the Commission.

(13) All wildlife rehabilitation permittees shall maintain records as specified below. Records shall be maintained at the permittee’s facility for a period of three (3) years and shall be available to Commission personnel upon request.

(a) Individual intake records shall be maintained for each live animal entering the facility for treatment with the exception of groupings of orphaned infant wildlife of the same species which were admitted on the same day which may be maintained on the same record. Such intake records shall include the following:

Species of wildlife;
Number of animals, if in a group;
Location where wildlife was found, to include the full address of location, if known;
Name and contact information for the individual who found the wildlife or brought the wildlife for treatment, if known, to include phone number and/or email address;
Cause of admission; and
Acquisition date.

(b) Individual treatment records for sick or injured wildlife shall be maintained for each animal admitted to the facility for treatment, except animals released within seventy-two (72) hours or euthanized within seventy-two (72) hours of intake. Such treatment records shall include the following:

Treatment plan, including, but not limited to, diet, medical needs, unique care requirements, and estimated length of care required for each animal;
Name of attending veterinarian, if applicable; and
Type of treatment performed at the rehabilitation facility.

(c) Care records for orphaned infant wildlife shall be maintained for all wildlife admitted to the facility for care. Groupings of orphaned infant wildlife of the same species which were admitted on the same day may be maintained on the same record. Such care records shall include the following:

Type of care provided; and
If utilizing off-site volunteers for temporary care, the date of transfer, name of off-site volunteer, and date of transfer back to the main rehabilitation facility.
Copy of intake and care records for orphaned infant wildlife shall be maintained at the off-site volunteer’s location while wildlife is temporarily housed for care.

(d) Individual disposition records shall be maintained for each animal admitted to the facility for treatment. Such disposition records shall include the following:

Disposition date;
Method of disposition (transferred, euthanized, released, deemed non-releasable, or died);
If transferred, the full name, facility address, type of permit, and permit number of the recipient.
If euthanized, method of euthanasia.
If released, the location of release, to include county, city, and closest cross street.
If deemed non-releasable, the items outlined in subparagraphs (12)(e)3. or 4., and any record provided to the rehabilitator by the Commission.

(e) Medical records concerning all wildlife for which an extension of the designated rehabilitation period is obtained.

(f) If wildlife rehabilitation permit is revoked, denied, nonrenewed, or dissolved, permittee shall have ninety (90) days after the final administrative disposition to lawfully dispose of all captive wildlife previously authorized under the wildlife rehabilitation permit. Records of final disposition for all wildlife must be maintained for one (1) year and provided to the Commission within thirty (30) days after the ninety (90) day lawful disposition period.

(14) Additional regulations.

(a) A permit is valid when issued and expires December 31 of the second calendar year after issuance.

(b) Commission personnel may relocate wildlife held under the authority of a wildlife rehabilitation permit at any time.

(d) Permittees or their volunteers shall not require a fee associated with wildlife rehabilitation services, including but not limited to the pick-up, delivery, acceptance, or treatment of sick, injured, orphaned or otherwise impaired wildlife. This limitation shall not apply to professional fees charged by a licensed veterinarian.

(e) Permittees or their volunteers shall not represent themselves as agents of the Commission.

(f) Permittees or their volunteers shall not enter upon the property of another for the purpose of taking possession of wildlife unless authorized by the owner, lessee, or custodian of the property.

(g) Volunteers of rehabilitation permittees may transport wildlife directly to or from the permitted facility for the purposes of intake, transfer, or release, including soft release.

(h) Wildlife held under the authority of this permit shall not be exhibited. For the purposes of this rule, the following activities shall not be considered exhibition and are allowed:

Live video feed that does not interfere with the proper rehabilitation of the wildlife.
Photographs or videos which display rehabilitation techniques that are conducted in accordance with this rule.

(i) Under certain emergency conditions, such as oil spills, hurricanes, floods, and other natural or manmade disasters, the Commission may impose additional restrictions or provide for permit exemptions as may be necessary to safeguard affected wildlife such as, but not limited to, the coordination and direction of rehabilitation permittees and their facilities, the assignment of zones for implementing rehabilitative services, and the authorization of additional volunteers to aid in the capture and treatment of wildlife.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-6-94, Formerly 39-9.006, Amended 8-27-09, 3-24-13, 3-24-13, 7-1-13, 8-2-22, 7-17-23, 4-2-24.

Fla. Admin. Code R. 68A-9.007 Special-use Permits; Short-term Use Permits; Fees; Special-Opportunity Hunting and Fishing

Special-use permits, short-term use permits, and fees for such permits are hereby established as follows:

(1) Limited entry (special hunting and fishing) opportunities for which special-use permits are required shall be established by rule or, for small-game areas, by order of the Executive Director pursuant to Rule 68A-13.007, F.A.C., subject to the following provisions:

(a) Special-opportunity hunting and fishing shall be established on land owned, leased or managed by the Commission or the State of Florida based on its suitability as determined by relative abundance of fish and game species, habitat availability, and accessibility of the area for public use.

(b) There shall be no exemptions to the requirement for a special-use permit for limited entry (special hunting and fishing) opportunities.

(d) Special-use permits shall be valid only for the dates and times specified on the permit.

(e) Special-use permits shall be transferable, except that special-use alligator and Bear Harvest Permits and special-use Off-highway Vehicle Hunting Permits shall not be transferable and special-opportunity dove hunt permits shall not be transferable after the date and time they become effective.

(2) The Commission establishes fees for special-use permits, limited entry (special hunting and fishing) opportunities, and non-refundable application fees as follows:

(a) Special-opportunity hunting and fishing permits:

Except as otherwise provided in this paragraph, the fee for a special-opportunity deer hunt permit is $175 for 7 days and the application fee is $5.

a. The fee for a special-opportunity deer hunt permit for Ft. Drum Wildlife Management Area is $50.

b. The fee for a special-opportunity deer hunt permit for Green Swamp WMA (West Unit) and Lake Panasoffkee WMA is $100 each.

Except as otherwise provided in this paragraph, the fee for a special-opportunity turkey hunt permit is $175 for 7 days and the application fee is $5.

a. The fee for a special-opportunity turkey hunt permit for Ft. Drum WMA is $50.

b. The fee for a special-opportunity turkey hunt permit for Green Swamp WMA (West Unit) and Lake Panasoffkee WMA is $100 each.

The fee for a special-opportunity dove hunt permit is $35 per day. Under a special-opportunity dove hunt permit, one minor under 16 years of age may accompany an adult permittee and may hunt under the supervision and in the presence of the permittee as specified in Section 790.22, F.S., provided that the permittee and minor may each take one daily bag limit of doves. Notwithstanding other provisions in this chapter, the minor shall be considered to be in possession of a permit for the purpose of access to the special-opportunity dove hunt.
The fee for an annual special-opportunity dove field permit is $150. Under the annual permit, one minor child under 16 years of age may accompany an adult permittee and may hunt under the supervision and in the presence of the permittee as specified in Section 790.22, F.S., provided that the permittee and minor may each take one daily bag limit of doves. This permit shall be non-transferable and shall be valid only for the dove field specified. A minimum of one-half of the daily quota for each special-opportunity dove field will be available as annual permits.
Except as otherwise provided in this paragraph, the fee for a special-opportunity hog hunt permit is $50 per day and the application fee is $5.
The fee for a special-opportunity fishing permit is $50 per day and the application fee is $5.
The fee for a special-opportunity quail hunt permit is $100 per day and the application fee is $5.
The fee for a special-opportunity released-quail hunt permit is $100 for 4 days, and the application fee is $5.

(b) Special-use Bear Harvest Permit issued under subsection 68A-12.012(2), F.A.C.:

The fee for a special-use Bear Harvest Permits for a resident to take bears in this state pursuant to Rule 68A-12.012, F.A.C., is $100.
The fee for a special-use Bear Harvest Permits for a non-resident to take bears in this state pursuant to Rule 68A-12.012, F.A.C., is $300.
The application fee for a special-use Bear Harvest Permits is $5.

The application fee for a special-use alligator harvest permit is $5.
There shall be no permit fee for a special-use alligator harvest permit.

(d) Special-use Off-highway Vehicle Hunting Permit

The fee for a special-use Off-highway Vehicle Hunting Permit is $100.
All applicants, unless exempt from license or permit requirements by subsection 379.353(1) or paragraph 379.353(2)(a), (c), or (n), F.S., must have a valid Management Area Permit, or a valid license or permit that includes a Management Area Permit, to apply for a special-use Off-highway Vehicle Hunting Permit.

(3) Short-term use permits are hereby established to hunt, fish or otherwise use for any outdoor recreational purposes, land owned, leased or managed by the Commission or the State of Florida for the use and benefit of the Commission as specified below. Such permits are required for these uses on the specified areas in addition to other licenses, permits and stamps required by law, except that short-term permits shall not be required for persons possessing an annual management area permit and as otherwise specified below.

(4) The Commission establishes short-term permits and fees as follows:

(a) Tenoroc Public Use Area.

A daily-use permit for outdoor recreational activities other than hunting is $3.
For groups of 25 to 100 people, a daily-use permit is $75.
For groups of 101 people or more, a daily-use permit is $150.
The following persons are excluded from the management area permit or short-term use permit requirements:

a. Persons participating in Commission-sponsored meetings or activities.

b. Persons exempt from management area permit requirements by Section 379.353, F.S.

c. The spouse or dependent children of persons in possession of a management area permit while traveling in the same vehicle or in the company of the permit holder provided any spouse and children are not taking fish or wildlife except as provided by sub-subparagraph a. or b., above.

d. Persons entering the area to access the shooting range facility.

e. Persons entering the area to take alligators when participating in an alligator hunt.

(b) Andrews WMA, Three Lakes WMA, Fred C. Babcock/Cecil M. Webb WMA, Chassahowitzka WMA, J.W. Corbett WMA, and those portions of Hilochee WMA in Lake county.

A daily-use permit for outdoor recreational activities other than hunting is $3 per person or $6 per non-commercial vehicle.
For groups of 25 to 100 people, a daily-use permit is $75.
For groups of 101 people or more, a daily-use permit is $150.
A daily-use permit shall not be required for persons participating in Commission-sponsored meetings or activities.
A daily-use permit shall not be required for persons using the Florida Trail for through-hiking.
A daily-use permit shall not be required for persons exempt from management area permit requirements by Section 379.353, F.S.
A daily-use permit shall not be required for the spouse or dependent children of persons in possession of a management area permit while traveling in the same vehicle or in the company of the permit holder.

A daily-use permit for all outdoor recreational activities (including camping) other than hunting is $3 per person.
For bicyclists and pedestrians, a daily-use permit is $1.
For groups of 25 or more people, a daily-use permit is $50.
A daily-use permit shall not be required for persons participating in Commission-sponsored meetings or activities.
A daily-use permit shall not be required for persons using the Florida Trail for through-hiking.
A daily-use permit shall not be required for persons exempt from management area permit requirements by Section 379.353, F.S.
A daily-use permit shall not be required for the spouse or dependent children of persons in possession of a management area permit while traveling in the same vehicle or in the company of the permit holder.

(d) To facilitate certain recreational activities including, but not limited to, public shooting ranges, camping, and paddling, short-term permit fees may be established and administered through negotiated contracts with private vendors in accordance with Chapter 287, F.S. Such short-term permit fees established in this manner, shall be required in lieu of an annual management area permit or other short-term use permits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 9-15-96, Amended 1-9-97, 6-1-97, 4-12-98, 4-15-99, Formerly 39-9.007, Amended 7-1-00, 5-13-02, 7-1-06, 8-22-06, 7-1-07, 7-1-08, 7-1-10, 4-1-15, 7-29-15, 7-1-17, 7-1-18, 4-24-24, 9-16-25, 7-31-26.

Fla. Admin. Code R. 68A-9.008 Permits for Physically Disabled

The executive director or his designee may issue permits, to persons who are permanently physically disabled as described below, for activities which would otherwise be regulated or prohibited by these rules. Such permits shall be conditioned as necessary to protect natural resources and to regulate access in accordance with management plans and policies for the area. Individuals not meeting the criteria for a permit set forth in this rule may request accommodation through the process established by the agency:

(1) Persons with Disabilities Crossbow Permits. Permits to use crossbows, airbows (pre-charged pneumatic airguns firing arrows), or bows equipped with a device that can mechanically hold the bowstring in the drawn (ready-to-fire) position during an archery season will be issued based upon a determination that the applicant has submitted an original certificate from a licensed physician certifying that the individual is permanently incapable of drawing any type of bow with a minimum draw weight of 40 lbs.

(2) Special use vehicle permits. Permits to operate vehicles otherwise permitted by rule, on roads not open to the public, will be issued based upon a determination that the applicant has submitted an original certificate from a licensed physician certifying that the individual is permanently disabled in a way which renders normal walking impossible; or a copy of a valid, State-issued, permanent disability parking placard or card and the identification used to obtain the placard or card.

(3) Alternative mobility permits. Permits to operate an all-terrain vehicle will be issued based upon a determination that the applicant has been issued and possesses a valid permanent disabled parking placard or has submitted an original certificate from a licensed physician certifying that the individual is unable to walk a distance of 200 feet without stopping to rest. “All-terrain vehicle” shall be as defined in Rule 68A-1.004, F.A.C., provided that no two-wheeled or two-cycle vehicles will be permitted.

(4) Mobility-impaired quota permits. No person shall be eligible for issuance of a mobility-impaired quota permit unless the person has obtained a mobility-impaired identification card. A mobility-impaired identification card may be obtained by submitting a completed mobility-impaired eligibility certification application (Form QA-801, effective 9/2008, which is hereby incorporated by reference) to the Commission. Certification as mobility-impaired shall be restricted to persons who are paraplegic, hemiplegic, or quadriplegic, permanently dependent upon a wheelchair for ambulation, permanently required to use assisting aids to walk, permanently required to use braces or prosthesis on both legs, or who have had complete single-leg amputation above the knee.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-10-04, Amended 5-1-05, 10-23-08, 8-11-11, 7-1-23, 7-1-24, 7-1-26.

Fla. Admin. Code R. 68A-9.010 Taking Nuisance Wildlife

Any person owning property may take nuisance wildlife or they may authorize another person to take nuisance wildlife on their behalf except those species listed in subsection (1), below, on their property by any method except those methods listed in subsection (2), below. Persons responsible for government owned property are considered “landowners” for the purpose of this rule. Notwithstanding the provisions of this section, the executive director or a designee may issue permits authorizing the take of additional species of wildlife, additional methods of take or alternative forms of disposition and transportation for justifiable purposes pursuant to Rule 68A-9.002, F.A.C., provided authorizations shall be denied or revoked upon reasonable conclusion that the requested or permitted activity would be detrimental to fish and wildlife resources or public health and safety.

(1) Wildlife that may not be taken as nuisance wildlife:

(a) Species listed in Chapter 68A-27, F.A.C.

(b) The following mammals:

Black bear.
Deer.
Bats – Except that bats may be taken either when:

a. The take is incidental to the use of an exclusion device, a device which allows escape from and blocks re-entry into a roost site located within a structure, or incidental to the use of a registered chemical repellant, at any time from August 15 to April 15, or

b. The take is incidental to permanent repairs which prohibit the egress of bats from a roost site located within a structure provided an exclusion device as described in sub-subparagraph a., above, is used for a minimum of four consecutive days/nights for which the low temperature is forecasted by the U.S. National Weather Service to remain above 50° F prior to repairs and during the time-period specified.

Bobcat – Except that a bobcat may be taken, as provided by subsections (2), (3) and (4), below, when it causes or is about to cause property damage, or presents a threat to public safety. Euthanasia of any live captured bobcat is prohibited and any live captured bobcat shall be released as provided by subsection (3).

All birds listed in 50 C.F.R. §10.13 as protected by the Migratory Bird Treaty Act unless the take is authorized by the U. S. Fish and Wildlife Service by a permit or depredation order.
Bobwhite quail.
Wild turkey.

(2) Methods that may not be used to take nuisance wildlife:

(a) Gun and light.

(b) Steel traps.

(d) Poison, other than those pesticides that are registered by the Florida Department of Agriculture and Consumer Services without additional authorizations and are only used in a manner consistent with the product labeling.

(e) Bat exclusion devices or any other intentional use of a device or material at a roost site which may prevent or inhibit the free ingress and/or egress of bats from April 16 through August 14.

(f) Any method prohibited pursuant to Section 828.12, F.S.

(3) Disposition of live-captured nuisance wildlife.

(a) Wildlife live captured by any method shall be released or euthanized within 24 hours following capture or inspection of a trapping device containing wildlife, provided any species described in subsection (1) above, or any non-target wildlife shall be released immediately at the site of capture.

(b) Nuisance wildlife may only be released if:

The nuisance wildlife is released on the property of the landowner provided the release site and capture site are located on one contiguous piece of property, or
The nuisance wildlife is a native species; and,
The property where the nuisance animal is to be released is located within the county of capture and is a minimum of 40 contiguous acres; and,
The person releasing the nuisance wildlife is in possession, at time of release, of written permission from the property owner allowing such action.

(c) Euthanasia of nuisance wildlife shall be humane as defined by the American Association of Zoo Veterinarians or the American Veterinary Medical Association.

(d) The provisions of this subsection shall not prohibit the personal possession of wildlife as authorized by subsection 68A-6.0022(2), F.A.C.

(4) Transportation of nuisance wildlife.

(a) Live-captured nuisance wildlife may be transported under authority of this section only for:

The purpose of euthanasia as provided in subsection (3) above, or
The purpose of release as provided in subsection (3) above.

(b) Transportation of wildlife authorized by this section shall not supersede the provisions of any rabies alert or area quarantine issued by County Health Departments or County Animal Services.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-08, Amended 7-1-10, 7-27-10.

Fla. Admin. Code R. 68A-9.012 Take of Wildlife on Airport Property

Any airport may take wildlife on airport property for the purpose of ensuring aircraft and human safety in accordance with this rule. An airport or other entity owning or operating an airport as defined in Section 330.27(2), F.S., or their officers, employees, contractors (or employee of a contractor) or member of the airport’s governing body as referenced in Section 379.2293(5), F.S., may carry out the activities specified in this rule. Notwithstanding the provisions of this section, the executive director or a designee may issue permits authorizing the take of additional species of wildlife, additional methods of take or alternative forms of disposition and transportation for justifiable purposes pursuant to Rule 68A-9.002, F.A.C., provided authorizations shall be denied or revoked upon reasonable conclusion that the requested or permitted activity would be detrimental to fish and wildlife resources or public health and safety.

(1) The taking and disposition of species, including eggs, regulated by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13 (Migratory Birds), 50 C.F.R. §17.11 and §17.12 (Threatened and Endangered Species), 50 C.F.R. §22 (Bald Eagle), 50 C.F.R. §223.102 and §224.102 (Marine Species), is allowed pursuant to appropriate federal permit or other federal authorization. No additional Commission authorization is required.

(2) The following paragraphs control the take of black bears and species described in Chapter 68A-27, F.A.C., except species described in subsection (1):

(a) Any of these species may be harassed by persistent, non-injurious disturbance without physical capture or direct handling to disperse wildlife when the wildlife poses an imminent threat to aircraft and human safety.

(b) Any of these species and their eggs may be otherwise taken when:

The wildlife poses an imminent threat to aircraft and human safety; and,
A situation requires an emergency response which does not allow time for paragraph (2)(a), or
Attempts using paragraph (2)(a), have been documented as unsuccessful and when:

a. The airport is implementing a Federal Aviation Administration approved wildlife hazard management plan or military bird/animal aircraft strike hazard plan; and,

b. The airport has made habitat management alteration that has eliminated or significantly reduced hazardous wildlife attractants on airport property.

(c) Wildlife burrows, including burrowing owl and gopher tortoise burrows, within the safety area as defined in 14 C.F.R. §139.5 may be destroyed after or while all existing burrowing owl and gopher tortoise(s) within the burrows are flushed or live captured.

(d) Wildlife nests may be destroyed when wildlife and eggs are no longer present or have been taken as authorized in subsection (1) or (2).

(3) Notwithstanding any provision of Commission rule, an airport authority may take all other wildlife not described in subsections (1) and (2), on airport property if their presence poses a potential threat to aircraft and human safety.

(4) Notwithstanding any provision of Commission rule, wildlife in subsections (2) and (3), taken pursuant to this rule may be taken by any method except the following:

(a) Poison, other than those pesticides that are registered by the Florida Department of Agriculture and Consumer Services without additional authorizations and are only used in a manner consistent with the product labeling.

(b) Leg hold traps except those commercially manufactured padded-jaw traps.

(d) Any method prohibited pursuant to Section 828.12, F.S.

(e) Live capture of any deer, except Key deer as authorized by subsection (1).

(f) The killing of gopher tortoises is prohibited.

(5) Disposition of live-captured wildlife.

(a) Any species described in subsection (2), live captured shall be immediately released provided the release site and capture site are located on a contiguous piece of airport property or a permit or authorization has been obtained from the Commission for off-site release or alternative forms of disposition.

(b) Any species described in subsection (3), live captured by any method shall be released or euthanized within 24 hours following capture or inspection of a trapping device containing wildlife except,

Wildlife may only be released if:

a. The wildlife is released on the property of the airport provided the release site and capture site are located on a contiguous piece of property, or

b. The wildlife is a native species; and,

c. The property where the animal is to be released is located within the county of capture and is a minimum of 40 contiguous acres; and,

d. The person releasing the wildlife is in possession, at time of release, of written permission from the property owner allowing such action.

Euthanasia of wildlife shall be humane as defined by the American Association of Zoo Veterinarians or the American Veterinary Medical Association.
Euthanasia of any live captured bobcat is prohibited and any live captured bobcat shall be released as provided in subparagraph 1.

(6) Transportation of wildlife.

(a) Live-captured wildlife described in subsection (3), may be transported pursuant to this subsection only for:

The purpose of euthanasia as provided in subsection (5), or
The purpose of release as provided in subsection (5).

(b) Transportation of wildlife authorized by this subsection shall not supersede the provisions of any rabies alert or area quarantine issued by County Health Departments or County Animal Services.

(7) Wildlife described in subsections (2) and (3), that is killed pursuant to this rule or parts of that wildlife shall not be retained for personal use and shall be buried or incinerated.

(8) Any take that kills wildlife described in subsection (2), shall be reported by the airport. An Airport Wildlife Incident Report (Form FWC-AWIR 01-2013, herein incorporated by reference) must be submitted to the Commission within 5 business days. The form is available at MyFWC.com or http://www.flrules.org/Gateway/reference.asp?No=Ref-03696 and must be submitted to the Protected Species Permit Coordinator, 620 S. Meridian Street, Mail Station 2A, Tallahassee, FL 32399-1600 or by email at AirportIncidents@myFWC.com.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10, Amended 2-13-14.

Chapter 68A-10 COMMERCIAL LICENSES

Fla. Admin. Code R. 68A-10.003 Fur and Hide Dealer’s License

Agents of fur and hide dealers shall make delivery of furs or hides only to the dealer he represents.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 379.364 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-10.03, 39-10.003.

Chapter 68A-11 BOATS AND VEHICLES

Fla. Admin. Code R. 68A-11.001 Registration of Off-Road Vehicles

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313, FS. Law Implemented 375.315 FS. History–New 8-1-79, Amended 11-17-81, 6-21-82, Formerly 39-11.01, 39-11.001, Amended 1-1-03.

Fla. Admin. Code R. 68A-11.003 Use of Motorboats on Certain Waters; Permits

(1)(a) No person shall operate any boat propelled by an internal-combustion engine on Lake Iamonia or Carr Lake in Leon County at any time during the regular open season for taking ducks and coots established in subsection 68A-13.003(1), F.A.C., except as authorized by permit from the executive director.

(b) Permits for the use of such boats on Lake Iamonia shall be issued only to those persons having real property in the lake for the sole purpose of ingress or egress to such real property.

(2) No person shall operate any boat propelled by an internal combustion engine of more than ten horsepower on Lake Miccosukee in Leon or Jefferson counties at any time during the regular open season for taking ducks and coots established in paragraph 68A-13.003(1)(a), F.A.C.

(3) The above restrictions shall not apply during the Special September duck season established in paragraph 68A-13.003(3)(a), F.A.C., or during the Youth Waterfowl Hunt established in paragraph 68A-13.003(1)(d), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., ch. 65-1841, ch. 85-361, Laws of Florida. Law Implemented ch. 65-1841, ch. 85-361, Laws of Florida. History–New 6-21-82, Amended 10-1-85, 11-27-85, Formerly 39-11.03, Amended 7-1-94, Formerly 39-11.003, Amended 7-1-08.

Fla. Admin. Code R. 68A-11.005 Use of Tracked Vehicles in the South Region

In the Everglades, Rotenberger, and Holey Land Wildlife Management Areas, no person shall operate any tracked vehicle that does not meet the following specifications:

(1) The maximum structure capable of bearing the weight of a person shall be no more than eight feet wide including any swing-out seat, outrigger or other protrusions.

(2) The highest point of the structure of the tracked vehicle may not exceed twelve (12) feet from the ground, excluding antennas and tops used for the purpose of shade.

(3) The tracked vehicles shall be gasoline-powered or diesel-powered and powered by no more than one engine equipped with up to eight cylinders; the engine must be muffled with an automotive-style sound-suppression device and shall not be modified in any way to increase horsepower.

(4) Track width – The minimum track width shall be 16 inches.

(5) The tracked vehicles must have been inspected by a Commission employee for compliance with this section and issued a registration decal; the tracked vehicle must be operable at time of inspection.

(6) The valid tracked vehicle registration decal shall be displayed on the left front of the tracked vehicle in a prominent and visible location.

(7) A tracked vehicle shall be re-inspected every five years.

(8) No person shall remove and/or transfer any tracked vehicle registration decal to any other vehicle or alter the original appearance, or mutilate, deface or change the color or number of any tracked vehicle registration decal.

(9) Upon the purchase, sale, trade, transfer or other disposition of a tracked vehicle, subject to the provisions of this section, the previous and current owners shall transfer the tracked vehicle registration within 30 days through the Commission South Regional Office, Division of Law Enforcement.

History

Rulemaking Authority Art. IV, Sec. 9. Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 375.313 FS. History–New 6-21-82, Amended 7-1-85, Formerly 39-11.05, Amended 6-8-87, Formerly 39-11.005, Amended 1-1-03, 7-1-07.

Fla. Admin. Code R. 68A-11.0051 Tracked Vehicles Used for Recreational Purposes in South Region

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 375.313 FS. History–New 7-1-84, Formerly 39-11.051, 39-11.0051, Repealed 7-1-07.

Fla. Admin. Code R. 68A-11.007 Vehicular Access: Eleven-Mile Road, Big Cypress Wildlife Management Area

(1) No person shall operate any unauthorized vehicle on that portion of the Big Cypress Wildlife Management Area known as Eleven-mile Road and posted as closed.

(2) Only the following vehicles are authorized:

(a) Petroleum-industry vehicles.

(b) Vehicles of persons hired to carry out the activities essential to oil exploration and production.

(d) Vehicles of the mineral owners whose lands are in active exploration or production.

(3) Eleven-mile Road is not a public road and use will be limited to those vehicles authorized in subsection (2), so as to protect endangered species known to inhabit the area.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 375.313 FS. History–New 7-1-83, Formerly 39-11.07, 39-11.007.

Fla. Admin. Code R. 68A-11.008 Vehicle Regulation for Everglades Holiday Park

All “off-road vehicles” as defined in Section 375.312, F.S., are hereby prohibited from access to those public lands known as Everglades Holiday Park more fully described as follows:

Tracts 50, 62 and 63 of Everglades Land Company subdivision of the south one-half of Section 28, Township 50 South, Range 39 East, according to the plat thereof recorded in Plat Book 2, Page 1, of the Public Records of Dade County, Florida.

History

Rulemaking Authority 375.313 FS. Law Implemented 375.311, 375.313 FS. History–New 7-27-83, Formerly 39-11.08, 39-11.008.

Chapter 68A-12 RULES RELATING TO GAME

Fla. Admin. Code R. 68A-12.001 Definitions

When used in this rule chapter, the terms and phrases listed below have the meaning provided:

(1) Taxidermist – any person who prepares and preserves whole specimens, hides, or parts of wildlife or fish as part of a commercial enterprise.

(2) Processor – any person who butchers or produces consumable meat products from the whole carcass or parts of a game animal as part of a commercial enterprise.

(3) Final processing – the act of packaging game meat, meat cuts, or products for storage or preparation of the meat for consumption.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-22.

Fla. Admin. Code R. 68A-12.002 General Methods of Taking Game and Crows; Prohibitions

(1) No person may take any game or crows except as herein provided.

(2) Game and crows may be taken only during the daytime between one-half hour before sunrise and one-half hour after sunset in the open season established by the Commission, provided that the hours in which the taking of gobblers or bearded turkeys is permitted during the spring season shall be from one-half hour before sunrise until sunset and that the hours in which the taking of migratory game birds is permitted shall be as specified in Rules 68A-13.003 and 68A-13.008, F.A.C.

(3) Resident game birds, crows or game mammals may be taken with any of the following:

(a) Centerfire shotgun.

(b) Rifle, muzzleloading gun, revolver or pistol, except that:

No fully automatic firearm may be used.
Firearms using any rimfire cartridge are prohibited for taking deer or bear.
The use of non-expanding, full metal case (military ball) ammunition is prohibited for taking deer or bear.
Use of a centerfire semi-automatic rifle having a magazine capable of holding more than five rounds is prohibited, unless the magazine is plugged with a one-piece filler incapable of removal without disassembling the magazine, so its capacity does not exceed 5 rounds.
Muzzleloading guns of less than .30 caliber firing a single bullet or of less than 20 gauge firing two or more balls, are prohibited for taking deer or bear.
The take of game specified for any muzzleloading gun season with any gun other than a bow, crossbow, pre-charged pneumatic airgun firing arrows (airbow), or muzzleloading gun is prohibited except this subparagraph shall not limit the methods of take of game specified for any coinciding season.

Only pre-charged pneumatic air guns .30 caliber or greater propelling a single projectile (to include an arrow or bolt meeting specifications outlined in paragraph (3)(e)) may be used for taking deer or bear.
Only pre-charged pneumatic air guns .20 caliber or greater propelling a single projectile (to include an arrow or bolt meeting specifications outlined in paragraph (3)(e)) may be used for taking wild turkey.
Taking crows is prohibited.

(d) Falcon.

(e) Bow or crossbow, except that:

Any arrow or bolt used to take deer, bear or wild turkey shall be equipped with a broadhead with a minimum width of 7/8 inches.
The take of game specified for any archery season with any gun other than a bow is prohibited during any special archery season except this subparagraph shall not limit the methods of take of game specified for any coinciding season.
The take of game specified for any crossbow season with any gun other than a bow, crossbow, pre-charged pneumatic airgun firing arrows (airbow), is prohibited except this subparagraph shall not limit the methods of take of game specified for any coinciding season.
Taking crow with crossbow is prohibited.
The take of game specified for any archery season with a bow equipped with a device that can mechanically hold the bowstring in the drawn (ready-to-fire) position is prohibited. Mechanical bowstring release devices may be used provided they are only hand-held.

(f) Dogs may be used as an aid to taking game unless otherwise prohibited.

(4) Migratory game birds may be taken with any of the following:

(a) Centerfire and muzzleloading shotguns not larger than 10 gauge and centerfire shotguns incapable of holding more than three shells in the magazine and chamber combined, unless plugged with a one-piece filler incapable of removal without disassembling the shotgun, so its capacity does not exceed 3 shells in the magazine and chamber combined.

(b) Falcon.

(5) Game may be taken from stationary, drifting or manually-propelled watercraft including sail or motor-powered vessels, provided the motor is shut off or the sails furled and the vessel’s progress from such motor or sail has ceased.

(6) Resident game birds and game mammals may be taken from stationary vehicles.

(7) The taking of fawn deer, cub bear, bear with at least one cub bear, panther or swimming deer is prohibited.

(8) No person shall:

(a) Possess or use arrows or bolts having explosive or drug-administering heads while taking game or crows.

(b) Take any game or crows from a moving motorized vehicle, aircraft or boat (except as provided in subsection 5 hereof), or use such vehicle, aircraft or boat to herd or drive game or crows.

(c) Take game or crows in the South Region from any tracked vehicle not in compliance with Rule 68A-11.005, F.A.C., or possess any bow and arrow on an airboat during any early archery season in Dade County.

(d) Take or attempt to take any game with the aid of live decoys, recorded game calls or sounds, set guns, artificial light, net, trap, drug, or poison.

(e) Take any game on any land or waters upon which corn, wheat, grain or any other food or substance has been deposited by other than normal agricultural harvesting or planting except as provided by subsection (9). Migratory game birds may be taken in accordance with regulations established by the U.S. Department of the Interior.

(f) Waste any game that has been wounded or killed by that person while hunting. For purposes of this paragraph, “waste” means to intentionally fail to make a reasonable effort to retrieve a wounded or killed animal and render it for consumption or use.

(g) Place, expose or distribute any soporific, anesthetic, tranquilizer, hypnotic or similar drug or chemical preparation by baits or by other means whereby game birds or game animals may be affected, unless authorized by written permit from the executive director.

(h) Take any wild turkey while it is on the roost.

(i) Take any game, using a gun, in that portion of Lake Seminole in Jackson County located east of County Road 271 and south of Apalachee Wildlife Management Area and north of Three Rivers State Park, as designated by posted signs.

(j) Take ducks, geese, mergansers, or coots while the person is within 30 yards of any permanent blind or anything in violation of either Section 253.77 or 373.430(1)(b) or 403.161(1)(b), F.S., on Lake Miccosukee (Jefferson County), Lake Iamonia (Leon County), Lake Jackson (Leon County), or Carr Lake (Leon County).

(9)(a) Game feeding stations may be maintained for the purpose of propagating quail, wild turkey, and other wild game under natural conditions.

(b) Non-migratory game may be taken in proximity to game feeding stations which are maintained with feed (corn, wheat, grain or any other food substance deposited by other than normal agricultural harvesting or planting) throughout the year provided that each feeding station shall have been maintained at least six months prior to the taking of game in proximity thereof. Wild turkey may not be taken if the hunter is less than 100 yards from a game feeding station when feed is present.

(c) No processed food products may be used at game feeding stations in any area of the state with an established bear season. Processed food products are any food substance that has been modified by the addition of ingredients or by treatment to modify its chemical composition or form or to enhance its aroma or taste. This includes: food products enhanced by sugar, honey, syrups, oils, salts, spices, peanut butter, grease, meat, bones, or blood; candies, pastries, gum, and sugar blocks; and extracts of such products but does not include scented sprays or aerosols and scent powders.

(d) Notwithstanding paragraph (c), above, pelletized feeds, flavored corns or other grains, and mineral or vitamin supplements specifically and exclusively produced or marketed for feeding deer and commercially available feeds specifically and exclusively marketed for feeding swine (hogs) may be used at game feeding stations statewide.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-12.02, Amended 6-1-86, 4-11-90, 4-14-92, 4-20-93, 3-1-94, 3-30-95, 4-1-96, 12-28-98, Formerly 39-12.002, Amended 7-1-05, 7-1-06, 7-1-08, 10-23-08, 1-1-11, 7-1-13, 12-23-14, 7-29-15, 7-1-18, 7-1-19, 7-1-20, 7-1-23, 7-1-24, 7-1-25, 9-16-25, 7-1-26.

Fla. Admin. Code R. 68A-12.003 Protection of Certain Deer and Turkey; Tagging of Deer and Turkey; Deer and Wild Turkey Harvest Reporting; Evidence of Legal Harvest or Sex Required

(1) Wild Turkey:

(a) It is unlawful for any person to take or possess any beardless wild turkey hen during any season that allows gobblers or bearded hens to be taken within the state unless authorized by Division 68A, F.A.C. For any harvested wild turkey during any season when taking a beardless wild turkey hen is prohibited, positive evidence of legal harvest must be retained, and the identifying information of the harvester must be provided, as described herein. For any harvested wild turkey during any season when a beardless wild turkey hen is legal to take, the identifying information of the harvester must be provided as described herein. For the purposes of subsection (1), positive evidence of legal harvest is the head, and if applicable, the beard, and the identifying information of the harvester is their first and last name and either their Commission-issued customer identification number or their harvest reporting confirmation number.

(b) Harvested wild turkey may be transferred whole or divided and transferred in portions or parts from the harvester to other persons in the field or camp. If transferred whole, the possessor must retain positive evidence of legal harvest and provide the identifying information of the harvester. If transferred in portions or parts, the harvester must retain positive evidence of legal harvest and any possessor of the portions or parts must provide the identifying information of the harvester. If the harvester retains the whole harvested wild turkey in their possession, then they must retain positive evidence of legal harvest and provide their identifying information. Positive evidence of legal harvest and the identifying information of the harvester must be retained until a harvested wild turkey arrives at a meat processor, taxidermist, the domicile of its possessor, or has been cooked, and must be provided upon request by Law Enforcement.

(c) Harvest reporting requirements shall apply to any person who harvests a wild turkey. Wild turkeys harvested out of state, under permits issued pursuant to Chapter 68A-9, F.A.C., and captive-reared turkeys harvested on licensed Game Farms and Hunting Preserves shall be exempt from harvest reporting requirements.

All wild turkeys harvested shall be recorded in a harvest log and reported to the Commission’s harvest reporting system within 24 hours of harvest and prior to final processing, prior to any parts of the turkey being transferred to any meat processor or taxidermist, or prior to leaving the state, whichever occurs first.
Prior to moving a wild turkey from the point of harvest, the person who harvested the wild turkey shall record in a harvest log: the first and last name of the person who harvested it; the date of harvest; the county or, if applicable, the name of the public hunting area where harvested; and the sex.
An FWC-issued customer number is required for reporting harvested wild turkeys.
The Commission’s harvest reporting system will provide a confirmation number once harvest is reported and the confirmation number shall be immediately recorded in the harvest log of the person who harvested the wild turkey.
Once a harvested wild turkey is reported through the Commission’s harvest reporting system and prior to that wild turkey being transferred to another party, the wild turkey, or portions or parts thereof, shall be labeled by the harvester with their first and last name and the harvest reporting confirmation number. Such labeling shall remain on the wild turkey, or portions or parts thereof, until final processing or until stored at the domicile of its possessor.

(2) Deer:

(a) For any harvested deer, positive evidence of legal harvest must be retained, and the identifying information of the harvester must be provided, as described herein. For the purposes of subsection (2), positive evidence of legal harvest is the skull plate, and if applicable, any attached antler, and the identifying information of the harvester is their first and last name and either their Commission-issued customer identification number or their harvest reporting confirmation number. Harvested deer may be transferred whole or divided and transferred in portions or parts from the harvester to other persons in the field or camp. If transferred whole, the possessor must retain positive evidence of legal harvest and provide the identifying information of the harvester. If transferred in portions or parts, the harvester must retain positive evidence of legal harvest and any possessor of the portions or parts must provide the identifying information of the harvester. If the harvester retains the whole harvested deer in their possession, then they must retain positive evidence of legal harvest and provide their identifying information. Positive evidence of legal harvest and the identifying information of the harvester must be retained until a harvested deer arrives at a meat processor, taxidermist, the domicile of its possessor, or has been cooked, and must be provided upon request by Law Enforcement.

(b) Harvest reporting requirements shall apply to any person who harvests a deer, except for the following: non-native deer, deer harvested out of state, deer killed by a motor vehicle, deer harvested under permits issued pursuant to Chapter 68A-9, F.A.C., and deer harvested on a licensed Game Farm or Licensed Private Hunting Preserve.

All deer harvested shall be recorded in a harvest log and reported to the Commission’s harvest reporting system within 24 hours of harvest and prior to final processing, prior to the deer or any portions or parts thereof being transferred to any meat processor or taxidermist, or prior to leaving the state, whichever occurs first.
Prior to moving a deer from the point of harvest, the person who harvested the deer shall record in a harvest log: the first and last name of the person who harvested it; the date of harvest; the county or, if applicable name of public hunting area where harvested; and the sex.
An FWC-issued customer number is required for reporting harvested deer.
The Commission’s harvest reporting system will provide a confirmation number once harvest is reported and the confirmation number shall be immediately recorded in the harvest log of the person who harvested the deer.
Once a harvested deer is reported through the Commission’s harvest reporting system and prior to that deer being transferred to another party, the deer, or portions or parts thereof, shall be labeled by the harvester with their first and last name and the harvest reporting confirmation number. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-21-82, -Formerly 39-12.03, Amended 4-11-90, Formerly 39-12.003, Amended 7-29-15, 7-1-19, 7-26-21, 7-1-22, 7-1-24, 7-1-25, 9-16-25.

Fla. Admin. Code R. 68A-12.004 Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements

(1) The possession for sale or the purchase or sale of birds, game mammals or the carcass or any part thereof whether produced in this state or transported from any other state or country is unlawful except as authorized herein.

(2) Wildlife legally taken may be stored in public cold storage, refrigerators, freezers or coolers, or a processing facility when packaged or labeled and clearly marked with the owner’s name and, if a license is required, license number or customer ID number.

(a) Any harvested deer, or portions or parts thereof, subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., respectively, shall also have the Commission’s harvest reporting system confirmation number recorded on the label, and any deer, or portions or parts thereof, legally taken out-of-state shall also have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor.

(b) Any harvested turkey, or portions or parts thereof, subject to the provisions of paragraph 68A-12.003(1)(c), F.A.C., respectively, shall also have the Commission’s harvest reporting system confirmation number recorded on the label.

(c) As an alternative to labeling, the owner, operator, or lessee of public cold storage, refrigerators, freezers or coolers, or a processing facility may use a logbook and numbering or other tracking system. The logbook shall contain the same information required of the label. The logbook shall be kept on the premises for inspection by Commission Law Enforcement and retained while the wildlife, or parts thereof, recorded therein are on the premises.

(d) The owner, operator, or lessee of public cold storage, refrigerators, freezers or coolers, or a processing facility are not subject to possession limits described in Division 68A, F.A.C., for any wildlife legally taken or acquired by another and stored in their facility.

(3) Lawfully taken game may be prepared and served at any public eating place to persons who have killed such game and are in possession of a valid hunting license, if license is required.

(4) Game produced on a licensed game farm may be sold and transported in the state at any time for any lawful purpose as herein provided.

(5) Game not native to the state, except those designated in subsections (6), (7), (10) and (12) of this rule, when lawfully acquired may be sold or transported in the state and said game may be served in restaurants or any other public eating places.

(6) Quail or any other bird that might be mistaken for quail when dressed for the market may not be sold except as provided in Rule 68A-12.006, F.A.C.

(7) The sale of deer (venison) is prohibited except:

(a) Live deer may be sold by licensed game farms and hunt preserves and transported alive as provided for in Rules 68A-12.010 and 68A-12.011, F.A.C.

(b) Deer (venison) from species of deer not native to the state may be sold. Non-native deer (venison) may be sold uncooked to the public provided:

Non-native deer (venison) may only be sold uncooked when packaged in a tamper-proof container with a label stating “NON-NATIVE VENISON (species identified).” The label shall identify the species of deer contained in the container.
No person shall possess any venison for commercial consumptive purposes without being in possession of documentation that the venison is from non-native species produced on a licensed game farm or hunting preserve or otherwise legally acquired.

(c) This section shall not supersede any rules of any state or Federal agency or any laws regarding quality control, inspections, transportation, sale or regulation of foodstuff and meat products.

(d) As provided for in Rules 68A-12.010 and 68A-12.011, F.A.C.

(8) The foregoing shall not prohibit the sale or purchase of articles manufactured from the heads, antlers, horns, hides, teeth and feet of lawfully taken game mammals, except black bear.

(9) When lawfully taken, the feathers or skins of non-protected or resident game birds or the skins of deer, squirrels or rabbits may be sold.

(10) The transportation or possession of a carcass, skull or untanned skin of any cougar is prohibited unless the cougar was legally taken or acquired and the carcass, skull or untanned skin of that cougar has attached thereto a tag bearing the name and address of the possessor, and the date when and specific place where the cougar was taken or acquired. In addition the possessor of the carcass, skull or untanned skin shall have in his possession documentation that the cougar was legally taken, acquired or exported from the state or country of origin.

(11) Taxidermy operations and mounting requirements:

(a) Any person engaged in taxidermy shall label all carcasses (whole specimens), untanned hides, and uncured animal parts of fish and wildlife, possessed or received with the name of the person taking or acquiring such fish or wildlife, the person’s address, and date taken or acquired.

(b) Any harvested deer subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., shall also have the Commission’s harvest reporting system confirmation number recorded on the label, and any deer, or portions or parts thereof, legally taken out-of-state shall have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label.

(c) Any harvested turkey, or portions or parts thereof, subject to the provisions of paragraph 68A-12.003(1)(c), F.A.C., respectively, shall also have the Commission’s harvest reporting system confirmation number recorded on the label.

(d) As an alternative to labeling, persons engaged in taxidermy may choose to use a log book and numbering or tracking system. The logbook shall contain the same information required of the label. The carcass, untanned hide, or uncured animal part shall be assigned a number, which shall be affixed to the specimen so as to be readily identifiable and traceable to the log book information. The logbook shall be kept on the taxidermist’s premises for inspection by Commission Law Enforcement and retained while the fish or wildlife, or parts thereof, recorded therein are on the premises.

(e) The owner, operator, or lessee of a taxidermy facility is not subject to possession limits described in Division 68A, F.A.C., for any wildlife legally taken or acquired by another and stored in their facility.

(f) After fish or wildlife carcasses, hides, and parts have been cured or mounted, tagging or maintaining a log account is required only for the following:

All nongame migratory birds as listed in the Federal Migratory Bird Treaty Act and as adopted by Rule 68A-16.001, F.A.C.
All species listed by the Commission as Endangered or Threatened, and any Species of Special Concern for which there is no bag limit or open season established by the Commission or other state agency.
All furbearing animals or non-game mammals for which there is no established open season.
All alligators not tagged with CITES tags.
All fawn deer.

(g) Persons engaged in taxidermy shall not possess nor mount fish and wildlife carcasses listed in subparagraphs 68A-12.004(11)(b)1.-5., F.A.C., nor their parts (except for road-killed fox) without a permit from the Commission, except as provided herein. The procedure for obtaining permits for mounting shall be as follows:

Persons wishing to possess or mount such specimens or have such services performed, shall make application to the Commission online through http://www.GoOutdoorsFlorida.com for such permit.
A printed and dated copy of the application shall be kept with the specimen, or the specimen shall be numbered and traceable to the printed copy of the application kept in a log book.
The application shall include a description of the specimen, an explanation of how the specimen was acquired, and the date of application.
The specimen shall not be maintained for over 90 days without a permit from the Commission.
Specimens for which permits are not issued for mounting shall be buried, incinerated, or otherwise disposed of as directed by Commission law enforcement personnel.

(h) The criteria for evaluation and issuance of permits for the mounting of protected species as listed in subparagraphs 68A-12.004(11)(b)1.-5., F.A.C., shall be as follows:

For nongame migratory birds – Permits are issued only for educational display purposes to schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.
For listed species referenced in Rules 68A-27.003 and 68A-27.005, F.A.C. – Permits are issued only in accordance with the requirements of Rules 68A-27.003, 68A-27.005 and 68A-27.007, F.A.C.
For furbearing wildlife or nongame mammals – Permits are issued only when the specimen was legally acquired. No permit shall be required for road-killed fox.
For alligators – Permits for the mounting of untagged alligators are issued only for educational display purposes to schools or nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.
For fawn deer – Permits for the mounting of fawn deer for possession by private individuals or businesses are issued only where the fawn was legally acquired or for educational display in schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.

(i) No permit shall be required for the mounting of carcasses, green hides, or uncured parts of:

Frozen or preserved specimens of game birds, game mammals, or furbearing animals that were legally taken during the open season.
Specimens of game mammals (except black bear), game birds, fox squirrel, otter, bobcat or mink that were killed on roads or highways.

(12) The sale or purchase of the carcass or any part thereof of any species of bear is prohibited. The sale or purchase of any taxidermied specimen of a black bear is prohibited. The sale or purchase of a taxidermied specimen of any other species of bear is prohibited unless it was legally taken or acquired and has attached thereto a tag bearing the name and address of the possessor and the date when and the specific place where it was taken or acquired. In addition the possessor of any taxidermied specimen of any bear shall have in their possession documentation that the specimen was legally taken, acquired, or exported from the state or country of origin. The possession or transportation of any carcass or untanned skin of any species of bear is prohibited unless it was legally taken or acquired and has attached thereto a Commission bear harvest tag or a tag bearing the name and address of the possessor, the species, and the date when and specific place where it was taken or acquired. In addition the possessor of the carcass or untanned skin shall have in their possession documentation that it was legally taken, acquired or exported from the state or country of origin.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended 7-29-15, 1-11-17, 7-1-19, 7-4-21, 7-1-22, 8-2-22, 7-17-23, 9-16-25.

Fla. Admin. Code R. 68A-12.005 Transportation of Wild Birds or Game

(1) A person may transport the possession limit of lawfully taken game.

(2) A person may at any time possess mounted specimens of game, including heads, antlers, hides or feet, and the skins of game birds lawfully taken.

(3) Lawfully taken game may be shipped by the person who took such game provided that each package shall be marked on the outside to show the names and addresses of both the shipper and the addressee, and the numbers and kinds of game contained therein.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-12.05, 39-12.005.

Fla. Admin. Code R. 68A-12.006 Sale of Pen-raised Quail

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-12.06, 39-12.006, Repealed 6-2-25.

Fla. Admin. Code R. 68A-12.007 Hunting Dogs; Molesting Game in Closed Season; Training; Field Trials; Prohibited for Certain Hunting

(1) All dogs used for taking or attempting to take, trailing, pursuing, or molesting wildlife shall wear a collar or tag which shall legibly display the name and address of the owner of the dog. No person shall use any dog to take or attempt to take, trail, pursue or molest wildlife unless such dog is wearing a collar or tag displaying the information required above. Removing, tampering, or otherwise interfering with any collar or tag (including remote tracking and behavior correction devices) of a dog used for hunting without the owner’s permission is prohibited.

All dogs not under physical restraint that are used for pursuing deer, bear, wild hog, fox, or coyote must be equipped and monitored with devices that allow remote tracking and behavior correction, except dogs used to pursue wild hog, fox or coyote during sanctioned mounted field trial events. The device(s) must be attached by a collar or similar means and must be used to deter dog egress from authorized areas or ingress into unauthorized areas. The remote tracking device(s) must include Global Positioning System (GPS) or telemetry tracking and the behavior correction device(s) must be designed to remotely correct dog behavior through auditory or physical stimulation.

(2) The purpose and intent of this subsection is to empower the Fish and Wildlife Conservation Commission, upon the complaint of a landowner or lessee, to enforce against the unauthorized use of dogs for hunting. No person owning, having the care of, or using any dog shall permit such dog to trail, pursue or molest wildlife on the lands of another person without written permission from the landowner or lessee of said lands. Written permission shall be in the possession of each person using such dog on the lands of another person, and shall be presented for inspection upon request of any Commission wildlife officer or other law enforcement officer as referred to in subsection 68A-3.002(3), F.A.C.

(3)(a) The purpose and intent of this subsection is to implement registration requirements for use of dogs to take deer or bear on private lands.

(b) Registration –

No person shall use dogs to take, attempt to take, trail, pursue or molest deer or bear on any privately-owned property unless such property has been registered with the Commission as set forth under this subsection. Privately-owned property shall be registered by the landowner(s), lessee, or other person designated by the landowner(s) via written permission as required under subsection (2), of this section. Individuals may register an aggregate of private lands including different ownerships under one registration. No more than one registration shall be in effect for each parcel of land at any given time. Registration shall not be required for use of dogs on leashes for trailing wounded game.
Applications for registering private lands for taking deer or bear with dogs shall be on such form as prescribed by the Commission and shall include: a written description of the property boundaries and map showing property boundaries; total acreage of the property; name, street or physical address, and telephone numbers for the applicant and the landowner; a copy of a lease for hunting rights or written permission as required under subsection (2), of this section, where the landowner is not the applicant, and other information pertaining to the proposed activity necessary for registration issuance and enforcement of this rule.

Each registration issued pursuant to this subsection shall include a registration number. In addition to requirements under subsection (1), of this section, no person shall use any dog for taking, attempted taking, trailing, pursuing or molesting deer or bear unless such dog is wearing a collar or attachment to the collar legibly displaying the entire registration number specific to the registered property where said use of the dog is occurring.
No person using any dog for taking or attempting to take, trailing, pursuing, or molesting deer or bear shall allow a dog off the registered property, whether intentionally or negligently.
No person shall participate in taking, attempted taking, trailing, pursuing or molesting deer or bear on any privately-owned property unless such person is in possession of a copy of the registration for said privately-owned property.

(4) No person owning or having the care of any dog shall knowingly or negligently permit such dog to trail, pursue or otherwise molest game during the closed season except as herein provided.

(5) Bird dogs may be trained during the closed season for taking quail with the aid of a pistol firing a blank or a solid ball or as provided by Rule 68A-12.008, F.A.C.

(6) Deer or bear dogs may be trained during the closed season for taking deer when such dogs are constantly attached to a leash or rope in the hands of the trainer. Deer or bear dogs may be allowed to run free for training purposes only during the period beginning 35 days prior to the first day of the antlered deer season and closing 19 days thereafter, except in Zone D when the period shall begin the last Saturday of October and continue for 19 days thereafter. Taking wildlife with any gun while training deer or bear dogs is prohibited.

(7) No field trials for dogs shall be conducted on any wildlife management area without Commission permit, except that a permit from the applicable landowner or primary area manager shall constitute sufficient authorization on wildlife management areas not owned by the Commission and having a designated field trial area. A hunting license and management area permit are not required to participate in organized field trials.

(8) During archery or muzzleloading gun season dogs on leash may be used for trailing wounded game mammals.

(9) While archery or muzzleloading gun hunting during special seasons the taking of deer, bear, or wild hog by the use or aid of dogs is prohibited.

(10) Taking turkey by aid of a dog is prohibited at any time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 6-21-82, 7-27-83, 7-5-84, 7-1-85, Formerly 39-12.07, Amended 4-11-90, 3-1-94, 7-1-94, 9-7-97, Formerly 39-12.007, Amended 12-9-99, 8-22-04, 7-17-05, 7-1-08, 7-1-10, 7-29-15, 7-1-20, 7-1-23, 7-1-24, 9-16-25.

Fla. Admin. Code R. 68A-12.008 Use of Pen-raised Quail for Training Bird Dogs

(1) Pen-raised quail may be released and taken by centerfire or muzzleloading shotgun on private lands for the purpose of dog training provided that such quail are banded before release or a proof of purchase, including the name and address of the vendor and date of purchase within the past 90 days, is in the possession of the individual using them.

(2)(a) Released pen-raised quail may be trapped provided that the quail are identified before release with a band showing the name of a game farm, private hunting preserve or individual using them and each trap so used shall be tagged with the name and address of the user.

(b) Any un-banded quail that may be trapped in this process shall be immediately released.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-12.08, 39-12.008, Amended 7-1-12, 7-1-24.

Fla. Admin. Code R. 68A-12.009 Taking Destructive Birds and Mammals

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-85, Formerly 39-12.09, Amended 4-14-92, 4-12-98, 6-23-98, 9-21-98, Formerly 39-12.009, Amended 7-6-06, Repealed 5-1-08.

Fla. Admin. Code R. 68A-12.010 Regulations Governing Hunting Preserves

(1) No entity shall establish or maintain a commercial or private hunting preserve to allow the introduction or possession of captive-reared native and nonnative game animals, as specified herein, unless permitted pursuant to Section 379.3712, F.S., and in accordance with this chapter. No initial commercial or private hunting preserve permit shall be issued until the premises of such preserve has been inspected by a representative of the Commission and the requirements of this rule have been met. Sale or transfer of game animals from a hunting preserve is authorized and shall comply with records requirements outlined in subsection (16) below. In addition, any person selling or conducting intrastate transfer of deer, elk, or other members of the family Cervidae shall comply with Rule 68A-4.0051, F.A.C., regarding transportation and record keeping requirements. Native or non-native game animals held under the authority of a hunting preserve permit shall not be released from the preserve into the wild at any time.

(2) Definitions: For the purposes of this rule, the following shall be defined as:

(a) Commercial hunting preserve – a preserve operated exclusively for commercial purposes, which is open to the public, for which a uniform fee is charged to patrons for hunting privileges. Hunters taking any game on a permitted commercial hunting preserve shall be exempt from licensure requirements, pursuant to Section 379.3712(2), F.S.

(b) Dissolve – the legal process of winding down and officially closing an entity or organization, involving the cessation of all permitted activities, including possession of wildlife.

(c) Employee – any hired or contracted person who works or performs services, or serves as an agent, for a permitee or at a permitted facility, whether paid or unpaid.

(d) Herbaceous vegetation – predominantly grasses, grass-like plants, or forbs capable of being grazed.

(e) Hunting preserve - includes any area set aside by a commercial or private entity on which captive-reared native or non-native game birds or game mammals of the families Cervidae, Suidae, and Bovidae may be released or bred for the primary purpose of take.

(f) Nest box or den – an enclosed shelter that provides a retreat area within, attached to, or adjacent to a cage or enclosure of specified size, which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal.

(g) Paddocks – open-air areas enclosed by fencing, railing or other Commission-approved structures which contains and allows animals to graze and/or browse.

(h) Predator barrier – supplemental materials added to the bottom and/or exterior of approved fencing to prevent entry of predators. Barriers may include but are not limited to buried fence wire, electrified fence wire, gravel, rocks, concrete, or other natural/manmade materials.

(i) Private hunting preserve – a preserve operated for both commercial and private purposes which may or may not be open to the public. Anyone hunting on the preserve shall have all appropriate hunting licenses and any applicable endorsements, as provided in Section 379.354, F.S.

(j) Preserve – refers to both commercial hunting preserves and private hunting preserves.

(k) Refusal – when a permitee, applicant or employee intentionally denies access by Commission personnel to the facility, inventory or facility’s records for the purposes of inspection, or directs another to deny such access.

(l) Tame game mammal – does not exhibit the fight or flight characteristics or normal behavioral characteristics for the species when found in the wild.

(m) Tolling – to lead animals outside of an enclosure using a trail of bait.

(n) Water gap structure – materials utilized in areas containing or likely to contain flowing water in order to allow water and debris to move freely through the section of fence affected by the flowing water so as to maintain the integrity of the fence.

(o) Woody vegetation – Perennial trees, shrubs, or woody vines that persists above ground all year long.

(3) General qualifications: Permitees or applicants for a commercial or private preserve permit shall:

(a) Be at least 18 years of age.

(b) Make reasonable efforts to flush all wild native game species out of the intended preserve area prior to completion of the perimeter fence. Reasonable efforts shall include but not be limited to tolling, baiting, and driving.

(d) Not have been convicted of any violation of game farm, hunt preserve, or captive wildlife regulations involving unsafe housing of wildlife or any violation which potentially endangers the public; any violation involving the unlawful commercialization of wildlife; any violation involving cruelty, maltreatment or neglect to animals; or any violation involving importation of wildlife within three years of the date of application.

(e) Meet the experience requirements for Class I Bovidae authorization and submit required documentation, as outlined in Rule 68A-6.004, F.A.C., if seeking authorization to possess such Class I Bovidae.

(f) Experience requirements shall not apply to applicants for permits to possess Class II Bovidae on a hunting preserve permit issued in accordance with Sections 379.3711 and 379.3712, F.S. Experience gained with Class II Bovidae authorized on a hunting preserve permit, while exempt from experience requirements pursuant to this paragraph, shall not satisfy the requirements of Rule 68A-6.004, F.A.C., unless the applicant has substantial practical experience with such Class II Bovidae for a minimum of 5 consecutive years and meets the experience documentation requirements outlined in 68A-6.004, F.A.C.

(4) Permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a preserve permit shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(d) The complete facility address where the preserve is located to include city, state, parcel number(s), and zip code. If the address is a rural route, the applicant shall provide directions to the entrance of the preserve.

(e) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant. If leased, the lease agreement shall be for a term sufficient to cover the term of the permit.

(f) The county or counties where the preserve is located and the size (in acres) of the area to be fenced and utilized for the hunting preserve.

(g) The current estimated inventory of game possessed, identified by species and quantity. If no inventory of game is currently possessed, then the planned inventory shall be provided, identified by species.

(h) The applicant’s driver’s license number/ID number and a copy of the applicant’s valid government-issued photo ID.

(i) Indication of whether the preserve is operated for private or commercial purposes.

(j) Indication of whether the application is for a commercial hunting preserve permit or private hunting preserve permit.

(k) Emergency contact information including name and phone number for an individual who is not the permitee or applicant.

(l) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(5) Any corporation authorized to do business in Florida may apply for preserve permit. For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person in accordance with Rule 68A-6.004, F.A.C. Such documentation of experience shall be submitted to the Commission and shall be subject to approval upon initial application and upon each instance of change in qualified personnel. Such qualified person shall be an employee of the permitted corporation.

(6) Permittees shall be responsible for any hunting preserve or game farm violation(s) occurring at their facility or committed by their employees.

(7) A preserve shall be owned or leased by the applicant. For the hunting of game mammals, the land shall be located wholly within a legally fenced tract. The boundaries of all preserves shall be posted with signs bearing the words “Licensed Hunting Preserve” or “Permitted Hunting Preserve” which shall be placed at intervals of not more than 500 feet and be easily visible from any point of ingress or egress. Lettering on such signs shall be no less than 2 inches in height. No preserve shall be located within one mile of any wildlife management area, refuge or park established by state or federal law or regulation unless:

(a) The owner or manager of the affected refuge or park has been notified of the application for operation of a commercial or private hunting reserve and has been given the opportunity to submit comments or recommendations regarding the application;

(b) The operation of such preserve does not conflict with the management objectives of the affected wildlife management area, refuge or park as determined by the Commission;

(c) The proposed preserve poses no significant adverse impacts to wildlife or public safety on the affected wildlife management area, refuge or park as determined by the Commission.

(8) All laws, rules, or regulations pertaining to hunting or pertaining to game shall apply on all preserves except as follows:

(a) The taking of carnivorous animals or other captive wildlife not provided herein is prohibited on preserves, except for nuisance wildlife which may be taken as provided in Rule 68A-9.010, F.A.C. Only the following shall be taken on hunting preserves: captive-reared game mammals of the families: Cervidae, Suidae, Bovidae; game mammals native to Florida; and game birds.

(b) The hunting of game animals that were produced, raised, or held under a permit issued under sections 379.3761 or 379.3762, F.S., tame game mammals, or domesticated species is prohibited.

(c) Game mammals shall not be taken on preserves while boxed or caged and shall be taken only in accordance with the conditions and methods outlined below.

(d) Open season for taking captive-reared native game birds shall be from October 1 through April 20. Captive-reared white-tailed deer of either sex may be taken from August 1 through March 1. Non-native game mammals and non-native game birds may be taken year-round on permitted preserves.

(e) Take of native non-captive-reared wild game naturally occurring on the preserve or originating from outside the preserve shall be in compliance with the established open season, bag limits, and licensing requirements for the species in the zone wherein the preserve is located.

(f) The method of take for all game shall be as specified by Rule 68A-12.002, F.A.C. All authorized methods of take shall be permitted for the entirety of the allowed seasons specified in paragraph (d) above.

(g) The hunting of Cervidae or Bovidae with dogs is prohibited; however, a leashed dog shall be allowed for trailing wounded game.

(h) Motorized vehicles shall not be used to drive game mammals during any hunting activity, nor shall game mammals be taken from moving motorized vehicles.

(i) No person shall take by firearm any game mammals while the person is within 50 yards of a supplemental feeding station, except for the permittee or their employees.

(j) No captive-reared waterfowl or captive-reared turkeys shall be released or hunted on preserves.

(k) No wild turkeys or wild waterfowl shall be taken over baited-areas, nor during the closed season prescribed by the Commission for the region in which the preserve is located.

(l) Commission rules prohibiting the taking of game birds over live decoys or bait shall not apply when properly identified captive-reared game birds are being taken.

(m) There shall be no bag limit for captive-reared game taken on preserves.

(n) Game may be trapped on the premises of a preserve for the purposes of veterinary care or sale, provided that any animal unintentionally trapped in such operation shall be immediately released.

(o) Captive-reared game harvested on hunting preserves shall be exempt from tagging and harvest reporting requirements outlined in Rule 68A-12.003, F.A.C.

(9) Facility requirements:

(a) Cervidae (deer family) shall be free-roaming on not less than 200 acres, with a minimum of 100 acres covered with woody vegetation. For each additional acre over the initial 200 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The preserve shall be completely enclosed with a perimeter fence which meets the following criteria:

Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 5 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.
Fence shall be no less than 8 feet in height unless specified elsewhere. Fences may be installed up to 3 inches above the ground, provided that a strand of high-tensile barbed wire not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirements. Permitees shall maintain minimum fence height by leveling built up earthen material which has migrated to the base of the fence due to natural causes.
Fence(s) shall be constructed of commercially manufactured single panels of fencing material, except as otherwise specified. Such fencing material shall be attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified elsewhere, so as to prevent escape. The posts will be securely anchored and braced in corners and elsewhere as necessary to keep fence properly stretched and erect.
Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

(b) Bovidae shall be free-roaming on not less than 300 acres, with a minimum of 200 acres covered with herbaceous vegetation, except blackbuck which shall be free roaming on not less than 200 acres, with a minimum of 100 acres covered with herbaceous vegetation. For each additional acre over the initial 300/200 acres, 10% of the additional acreage shall be covered with herbaceous vegetation. The preserve shall be completely enclosed with a perimeter fence which meets the requirements of subparagraphs 68A-12.010(9)(a)1.-4., above. Fencing for Class I Bovidae shall meet the requirements of subsection 68A-6.011(3), F.A.C.

(c) Suidae shall be free-roaming on not less than 100 acres, with a minimum of 50 acres covered with woody vegetation. For hunting hogs with dogs, the area shall be a minimum of 300 acres, with 200 acres covered with woody vegetation. For each additional acre over the initial 100 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The preserve shall be completely enclosed with a perimeter fence that meets the following criteria:

Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 3 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.
Fence shall be no less than 4 feet in height.
Fence(s) shall be constructed commercially manufactured single panels of fencing material, except as otherwise specified. Such fencing material shall be attached to singular construction posts in a manner that ensures the fence maintains a 4-foot vertical height and prevents escape. The posts will be securely anchored and braced in corners and elsewhere to keep fence properly stretched and erect.
Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

(d) Hunt preserves with permits which are current on November 22, 2018 will have two years from November 22, 2018 to come into compliance with the above fencing requirement unless they meet the limited exception conditions below. Hunt preserves with permits which are current on November 22, 2018 that meet the specifications below do not need to update their fencing except for new construction or with replacement of over 250 feet of existing fencing.

Existing fence is a minimum of 14.5 gauge steel wire or strength-equivalent material.
Fence shall be no less than 8 feet in height. One strand of barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirement.
Fencing material is attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified differently elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect.
Fencing material shall have no greater than 8 inches between manufactured knots and be free of broken wires or gaps.
Facilities with hunt preserve permits current on November 22, 2018 which have fencing that is not constructed of commercially manufactured single panels of steel wire mesh shall not be required to replace existing panels with commercially manufactured single panels, provided that the existing fencing meets the following specifications:

a. Panels are a minimum of 14.5 gauge wire or strength-equivalent material.

b. Posts are securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels.

c. Panels are connected with strength-equivalent material or stronger at intervals that prevent gaps that could allow captive game mammals to escape.

(e) The minimum acreage provisions of paragraphs (9)(a)-(c) and the yardage requirement in paragraph (8)(i), shall not apply to those operations permitted prior to July 1, 1996.

(f) Game animals held under a hunting preserve permit shall not be commingled in the same enclosure with game animals held under a game farm permit, except as authorized in (g) below.

(g) Game mammals may be kept in small enclosures or commingled with game farm animals only for the purpose of veterinary care or transportation and shall not be hunted on the same day of transport or release into a permitted preserve.

(h) Perimeter gates shall maintain the required height for the species held within and shall be constructed of no less than 12.5-gauge steel wire or strength equivalent material. The bottom of all perimeter gates shall be no more than 6 inches from the ground. A perimeter gate shall be no more than 50 feet in width. Perimeter gates shall remain closed when not actively being used for ingress or egress. Perimeter gates shall be secured when closed so gaps greater than 8 inches do not occur at any time.

(i) Predator barriers, if utilized, shall not disrupt the integrity of the approved fence material. Mounding type predator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure.

(j) Water gap structures, if utilized, shall meet the following criteria:

Water gap structures shall be constructed and maintained in a manner and condition to prevent escape of captive-reared game maintained on the preserve or entry of native wild game.
Water gap structures shall only be utilized in areas containing or likely to contain flowing water.
Water gap structures shall be constructed of one or more of the following materials:

a. Rubber belts, not less than one-half (1/2) inch thickness.

b. Welded wire, not less than 9-gauge, or strength-equivalent material, securely attached to a metal frame.

c. Pressure treated lumber, not less than one-inch thickness.

d. Weather-proof composite boards, not less than one-inch thickness.

e. Metal sheets, not less than one-quarter (1/4) inch thickness.

Water gap materials shall be securely attached to the fencing material with galvanized metal, stainless steel, or aluminum connecting material. Such connecting materials may be coated with a waterproofing material.
Water gap structures consisting of separate hanging units shall have a gap no more than 3 inches between each hanging unit.
In areas where water gap structures are utilized, height of water gap structure and fence combined shall be no less than 8 feet in height measured from the natural ground level outside of the area susceptible to water flow.
Water gap structures shall be locked or secured to form an immovable vertical barrier when water is not flowing.
Debris which would prevent the water gap structure from being locked or secured in place shall be removed within 24 hours of water receding to normal water level.
Water gap structures shall be approved by the Commission before use.
Any water gap structures in use on June 2, 2025, shall have one year after June 2, 2025, to come into compliance with the requirements above.

(10) Hunting preserves and the physical facilities and installations of any preserve are subject at any time to inspection by Commission personnel, to verify compliance with Commission rules and other applicable laws. Refusal of any such inspection shall result in revocation of an issued preserve permit.

(11) Preserves shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereupon. A continuous source or supply of clean water shall be readily available at all times for all game. Access to bodies of water for cooling should be considered for those species which will utilize it. The premises, pens, and facilities of all preserves shall be maintained in a sanitary condition.

(12) Injured or wounded mammals shall be immediately treated by the permittee, transported to a veterinarian for treatment, or euthanized.

(13) A current list of employees authorized by the permittee to euthanize game shall be maintained by the permittee and made available for inspection upon request by Commission personnel.

(14) Prior to being transported from a preserve, all game carcasses, or portions or parts of game taken on the preserve, shall be properly identified with a tag or label with the name of the preserve permittee, the name of the preserve, and the date such game was taken and date the game is being transported from the preserve. When transporting game where individual marking is not practical, the container being used to transport such game shall be tagged or labeled as specified in this subsection.

(15) Each preserve shall maintain a record of any native or non-native captive-reared game taken on the preserve. Such record shall include the name, address, and hunting license number (or nature of the exemption) of the individual taking game, date of take, quantity and species of game taken, and purpose of take. Such records shall be maintained for a minimum of five years and shall be made available for inspection upon request of any Commission employee.

(16) Any person holding a hunting preserve permit shall maintain a record of each of the following changes in captive inventory, which shall be open to inspection upon request by Commission personnel and shall be maintained for a minimum of five years from the date of acquisition, transfer or sale:

(a) Records of acquisition, which shall include the date of acquisition; quantity and species of game acquired; name and complete address of supplier; FWC permit identification number of the supplier, if acquired in Florida; and relevant importation permit, where applicable.

(b) Records of sale or transfer, alive or dead, which shall include the date of sale or transfer; quantity and species of game sold or transferred; name and complete address of the entity to which game is sold or transferred; and FWC permit identification number of the recipient, when applicable. Such records shall be available for inspection upon request by Commission personnel.

(c) Any person holding a hunting preserve permit who conducts intrastate movement of deer, elk, or other members of the family Cervidae shall keep and maintain copies of all records of compliance with Rule 68A-4.0051 and Chapter 5C-26, F.A.C., regarding the importation or intrastate movement of such deer, elk, or other members of the family Cervidae.

(17) When live game is being transported, the transporter of such game shall be permitted to possess such game or shall be an employee of a permittee authorized to possess such game. Any individual transporting Class I Bovidae shall be permitted for possession of such Class I Bovidae. The transporter of live game shall have a copy of records required in paragraph (16)(b) above while in transit. Any enclosure containing such game shall be clearly marked as follows:

(a) For game that is transported in a cage or enclosure, the cage or enclosure shall be clearly labeled “Live Animal.” The cage or enclosure shall also be clearly and visibly marked with a label including the common name of each species and the quantity of each species.

(b) For game that is transported in a trailer, compartment of a trailer, or vehicle, a label stating, “Live Animal” shall be affixed to every access door(s) or attached to any locking mechanism securing such access door(s), with lettering not less than one inch in height and in a contrasting color to the trailer. A list containing the common name of each species and the quantity of each species shall be maintained in the vehicle.

Of sufficient strength and security to prevent escape.
Large enough to ensure that each individual animal has sufficient space to turn, stand erect, and lie naturally; however, certain species may be restricted in their movements according to professionally acceptable standards when freedom of movement would constitute a danger to the animals, their handlers, or other persons.

(18) All game, except captive white-tailed deer, possessed or sold for food or consumptive purposes shall be killed on the premises of the preserve or transported to a recognized slaughter establishment for immediate processing. In instances where live game is transported to a recognized slaughter establishment for immediate processing, a copy of the current and valid hunting preserve permit of the preserve where such game was produced shall accompany the live game in transport. In instances where live game is sold or transferred, the transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game. Harvested game possessed, sold or transferred for food or consumptive purposes shall comply with the following provisions:

(a) Each game bird or the sealed container in which game birds are placed shall be clearly marked with the species and the name, complete address, and FWC permit identification number of the preserve producing such game birds.

(b) Deer meat (venison) from species of deer not native to the state shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, “NON-NATIVE VENISON, PRODUCED ON A LICENSED HUNTING PRESERVE” and shall include the name of the species. Additionally, each container shall be clearly marked to indicate the name, complete address, and FWC permit identification number of the preserve producing such venison.

(c) Any harvested game stored on the premises of the preserve that has been sold or transferred shall be clearly marked or tagged to reflect the name and complete address of the recipient, species name, person who harvested the animal, date of harvest and date of sale or transfer.

(d) Game harvested on a preserve and stored on the premises shall not be commingled with game taken from the wild and shall be marked with the species name and date of harvest.

(e) Hunting preserves shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(19) Captive-reared white-tailed deer may be possessed, sold, or transferred for food or consumptive purposes. Preserves possessing, selling, or transferring captive-reared white-tailed deer for foor or consumptive purposed shall be in compliance with the following:

(a) Deer shall be transported live to a recognized slaughter establishment for immediate preparation and processing for consumption.

A copy of the current and valid hunting preserve permit of the preserve where such game was produced shall accompany the live game in transport.
The transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game.
Notify the Commission at least 48 hours prior to transfer of live deer.
Hunting preserves shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(b) Captive-reared white-tailed deer meat (venison) shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, “WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA LICENSED HUNTING PRESERVE”. Additionally, each container shall be clearly marked to indicate the name, date, complete address, and FWC permit identification number of the preserve producing such venison and the identification number and name of the recognized slaughter establishment.

(c) Deer shall not have been chemically immobilized or otherwise provided any drugs within 30 days of transfer to a recognized slaughter establishment.

(20) Permitted facilities shall report any escapes from the perimeter fencing or the approved facility location. Permitted facilities shall report any escapes from an enclosure, cage, or other constraint when captive-reared game is away from such approved facility location. Such reporting shall be made to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, immediately upon discovery of the escape. Any person in possession of captive-reared game which requires a permit issued under this rule shall make reasonable efforts to ensure the recapture and return of the escaped game to containment or lawful removal of such escaped game from the wild.

(a) Failure to report any escapes of captive-reared game as specified above shall be considered a violation of this rule.

(b) No person shall maintain captive-reared game animals in an unsafe or negligent manner which results in escape of game.

(21) It is unlawful to buy, sell or transfer any live game to or from any unpermitted entity within Florida. Recipients of any live game received from a hunting preserve shall be permitted pursuant to this rule, Section 379.3761, 379.3762, or 379.3711, F.S., unless exempt from the permitting provisions.

(22) Dissolution.

(a) Prior to voluntary dissolution of a preserve and subsequent expiration of the current permit, the permittee shall notify the Commission of their intent to dissolve.

(b) Prior to dissolution of a preserve and subsequent expiration of the current permit, the permittee shall legally dispose of all captive-reared native and non-native game animals authorized under the permit. Preserves under dissolution shall do one or more of the following:

Take of game animals in accordance with this Rule.
Sale or transfer of live game animals to a permitted entity. All sales or transfers shall be in compliance with subsections (16) and (17) above.
Sale or transfer of game animals for food or consumptive purposes. All sales or transfers shall be in compliance with subsections (18) and (19) above.
Sale or transfer of the preserve and current inventory to a new permittee. All captive-reared native and non-native game animals contained thereon shall remain the responsibility of the permittee until such time that a new permittee becomes permitted and takes responsibility for such captive-reared game. If the new owner does not obtain a hunting preserve permit for the inventory contained on the property, it shall be considered unlawful transfer and abandonment of captive-reared game by the previous permittee.

(c) Commission personnel shall verify all captive-reared native and non-native game animals authorized under the permit have been removed prior to removal of facility’s perimeter fence. The Commission shall have the authority to verify the final disposition of all captive-reared native and non-native game animals previously authorized under the permit, including inspection by officers of the Commission.

(23) Any person whose permit is revoked or non-renewed as provided for in subsection 68-1.010(2), F.A.C., shall be subject to the provisions outlined in subsection 68A-6.003(2), F.A.C., and the following:

(a) Such person shall have 180 days after the final administrative disposition to lawfully dispose of all captive-reared native or non-native game animals previously authorized under the revoked or non-renewed permit. Sale or transfer of such wildlife shall be authorized within the lawful disposition period for the purposes of complying with this rule.

(c) Any person dissolving a hunt preserve due to revocation or non-renewal shall comply with subsections (16)-(19) above regarding transportation and record keeping requirements.

(e) Such person shall not serve as an employee, agent, or volunteer, whether paid or unpaid, at any permitted hunting preserve or game farm facility or on behalf of any hunting preserve or game farm permittee for a period of three (3) years following final administrative action.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-3-20, 7-4-21, 7-1-22, 8-2-22, 7-17-23, 6-2-25.

Fla. Admin. Code R. 68A-12.011 Regulations Governing Game Farms

(1) No entity shall establish or maintain a game farm within this state to allow the possession of captive-reared game birds, defined per subsection 68A-1.004(37), F.A.C., and game mammals of the families Cervidae, Suidae, and Bovidae for the purpose of breeding, sale, or consumption unless permitted pursuant to Sections 379.302 and 379.3711, F.S., and in accordance with this chapter. Entities permitted pursuant to Section 379.3761, F.S, and Rule 68A-6.003, F.A.C. (exhibition and sale permit), authorized to possess captive-reared native or non-native game animals for breeding or sale, shall not sell such animals to game farms or hunting preserves. Any person who is in possession of any animals in the family Cervidae, for any purpose, shall comply with Rule 68A-4.0051, F.A.C. No initial game farm permit shall be issued until the premises of such game farm have been inspected by a representative of the Commission and the requirements of this rule have been met. Native or non-native game animals held under the authority of a game farm permit shall not be released from the farm into the wild at any time.

(2) Definitions: For the purposes of this section, the following shall be defined as:

(a) Dissolve – the legal process of winding down and officially closing an entity or organization, involving the cessation of all permitted activities, including possession of wildlife.

(b) Employee – any hired or contracted person who works or performs services, or serves as an agent, for a permittee or at a permitted facility, whether paid or unpaid.

(d) Game farm – includes any area set aside for possession of captive-reared native or non-native game birds or game mammals of the families Cervidae, Suidae, and Bovidae for the purpose of breeding, sale, or food.

(e) Original floor area – The total square footage required for the initial number of animals specified.

(f) Paddocks – open-air areas enclosed by fencing, railing or other Commission-approved structures which contain and allow animals to graze and/or browse.

(f) Predator barrier – supplemental materials added to the bottom and/or exterior of approved fencing to prevent entry of predators. Barriers may include but are not limited to buried fence wire, electrified fence wire, gravel, rocks, concrete, or other natural/manmade materials.

(g) Refusal – when a permittee, applicant, or employee intentionally denies access by Commission personnel to the facility, inventory or facility’s records for the purposes of inspection, or directs another to deny such access.

(i) Shelter – A permanent or portable man-made structure with one or more walls with a roof, or a roof without walls, or a natural structure (including but not limited to trees and shrubs) that protects animals from negative environmental factors.

(j) Tolling – to lead animals outside of an enclosure using a trail of bait.

(k) Water gap structure – materials utilized in areas containing or likely to contain flowing water in order to allow water and debris to move freely through the section of fence affected by the flowing water so as to maintain the integrity of the fence.

(3) General qualifications: permittees or applicants for a game farm permit shall:

(a) Be at least 18 years of age, unless applicant has a parent or legal guardian as a co-permittee.

(b) Make reasonable efforts to flush all wild native game species out of the intended game farm area prior to completion of the perimeter fence. Reasonable efforts shall include but not be limited to tolling, baiting, and driving.

(d) Not have been convicted of any violation of game farm, hunt preserve, or captive wildlife regulations involving unsafe housing of wildlife or any violation which potentially endangers the public; any violation involving the unlawful commercialization of wildlife; any violation involving cruelty, maltreatment, or neglect to animals; or any violation involving importation of wildlife within three years of the date of application.

(f) Experience requirements shall not apply to applicants for permits to possess Class II Bovidae on a game farm permit issued in accordance with Sections 379.3711 and 379.3712, F.S.

(4) Permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. An applicant for a game farm permit shall provide the following information:

(a) The applicant’s, and co-applicant’s if applicable, legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(d) The complete facility address where the game farm is located to include city, state, parcel number(s), and zip code. If the address is a rural route, the applicant shall provide directions to the location of the game farm.

(e) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted annually with the application in the event that the facility location is under lease to the applicant. If leased, the lease agreement shall be for a term sufficient to cover the term of the permit. Applicants under 18 years of age must have a parent or legal guardian as a co-permittee who shall provide such lease if applicable.

(f) The county or counties where the game farm is located and the size (in acres) of the area to be fenced and utilized for the game farm.

(h) The applicant’s driver’s license number/ID number and a copy of the applicant’s valid government-issued photo ID.

(i) Emergency contact information including name and phone number for an individual who is not the permittee or applicant.

(j) Acknowledgment by the applicant, and co-applicant if applicable, that the information provided in the application is true, accurate, and complete.

(5) Any corporation authorized to do business in Florida may apply for a game farm permit.

For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person, in accordance with Rule 68A-6.004, F.A.C. Such documentation of experience shall be submitted to the Commission and shall be subject to approval upon initial application and upon each instance of change in qualified personnel. Such qualified person shall be an employee of the permitted corporation.

(6) Permittees shall be responsible for any game farm or hunting preserve violation(s) occurring at their facility or committed by their employees.

(7) Only the following shall be possessed on a game farm: game mammals of the families Cervidae, Suidae, and Bovidae, and game bird species, as specified herein. Only captive-reared animals originating from a permitted entity shall be possessed on a game farm.

(8) Caging for game birds and mammals shall meet the specifications below and shall be constructed and maintained in such a manner as to prevent escape of captive-reared game. Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is adequate and if the locomotory needs of the animal(s) are not compromised. Any proposed deviations from the standard caging or enclosure requirements shall be approved in writing by the Commission prior to the use of the cage or enclosure for housing animals.

(9) Facility requirements:

(a) Game farm boundaries shall not exceed an area of 2,000 acres and shall be owned or leased by the applicant. No game farm shall join, connect to, or share a common fence with another game farm.

(b) Shelter shall be provided to all game birds and mammals.

For game mammals, such shelter shall provide no less than 10 square feet of full shade per animal, which is continuously available and sufficient to cover the body mass of all animals in any posture housed within any enclosure. Shade can be provided by different structures over the course of the day, including natural vegetation.
For game mammals, any man-made shelters constructed of 3 or more walls shall be constructed with gaps in the walls to allow for the circulation of air and to allow animals within the shelter to see beyond the walls. If natural vegetation (including but not limited to trees and shrubs) is utilized to fulfill the shelter requirement in subparagraph (9)(b)1., any additional man-made shelters shall not be required to be constructed with gaps in the walls.
For game birds, such shelter shall provide full shade which is continuously available and sufficient to cover the body mass of all animals housed within any enclosure. Shade can be provided by different structures over the course of the day.

(c) All game farms enclosures shall be fenced in such a manner that game thereon cannot escape and wild game of the families Cervidae, Bovidae, and Suidae on surrounding lands cannot enter. Perimeter fencing shall meet the following criteria:

Fencing for game mammals:

a. Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 5 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material. For Class I Bovidae, construction materials shall meet the requirements of subsection 68A-6.011(3), F.A.C.

b. Fence shall be no less than 8 feet in height, unless specified elsewhere. Fences may be installed up to 3 inches above the ground, provided that a strand of high-tensile barbed wire not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirement. Permittees shall maintain minimum fence height by leveling built up earthen material which has migrated to the base of the fence due to natural causes.

c. Fence(s) shall be constructed of commercially manufactured single panels of fencing material, except as otherwise specified. Such fencing material shall be attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect.

d. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

e. Mounding type predator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not be higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure.

Game farms with permits which are current on November 22, 2018 will have two years from November 22, 2018 to come into compliance with the above fencing requirement unless they meet the limited exception conditions below. Game farms with permits which are current on November 22, 2018 that meet the specifications below do not need to update their fencing except for new construction or with replacement of over 250 feet of existing fencing.

a. Existing fence is a minimum of 14.5 gauge steel wire or strength-equivalent material.

b. Fence shall be no less than 8 feet in height. One strand of barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirement.

c. Fencing material is attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified differently elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect.

d. Fencing material shall have no greater than 8 inches between manufactured knots and be free of broken wires or gaps.

e. Facilities with game farm permits current on November 22, 2018 which have fencing that is not constructed of commercially manufactured single panels of steel wire mesh shall not be required to replace existing panels with commercially manufactured single panels, provided that the existing fencing meets the following specifications:

(I) Panels are a minimum of 14.5 gauge wire or strength-equivalent material.

(II) Posts are securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels.

(III) Panels are connected with strength-equivalent material or stronger at intervals that prevent gaps that could allow captive game mammals to escape.

(d) Minimum caging requirements for game mammals:

Caging shall be designed and built to prevent injury and escape.
Nest boxes and dens shall be built to allow for accurate inventory.
Cervidae (deer family) and cursorial Bovidae (antelope):

a. Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size): For one or two animals, a paddock enclosing 1,250 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 25 animals per acre.

b. Medium (e.g., white-tailed, fallow, axis, sika, pronghorn, deer and antelope of similar size): For one or two animals, a paddock enclosing 800 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage, not to exceed 50 animals per acre.

c. Small (e.g., roe, dik-dik, muntjac, brocket, pudu, Chinese water deer, musk deer, deer and antelope of similar size): For one or two animals, a paddock enclosing 450 square feet, 5 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 75 animals per acre, except in accordance with subparagraph (13)(a)3. below.

Wild swine (Suidae) and peccaries: For one or two animals, a paddock enclosing 200 square feet, 4 feet high. For each additional animal, increase paddock by 25% of the original footage.
Wild goats/sheep (Caprinae): For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage.

(e) Enclosures for game birds shall:

Be constructed of materials sufficient to prevent escape or injury of birds.
Provide protection from predators.
Provide adequate space to allow the birds to have normal postural movements, stand erect and turn around without touching the sides of the enclosure or other wildlife.

(f) Enclosures for waterfowl shall include pool(s) of water, as follows:

For small to medium (e.g., green-winged teal, mallard and similar sizes ducks, geese): no less than 7.5 square feet of water area with a water depth of no less than 7 inches.
For large (e.g., geese, swans, and similar size): no less than 15 square feet of water area with a water depth of no less than 7 inches.

(g) Game animals held under a game farm permit shall not be commingled in the same enclosure with game held under a hunting preserve permit, except as allowed in paragraph (12)(b).

(i) Water gap structures, if utilized, shall meet the following criteria:

Water gap structures shall be constructed and maintained in a manner and condition to prevent escape of captive-reared game maintained on the game farm or entry of native wild game.
Water gap structures shall only be utilized in areas containing or likely to contain flowing water.
Water gap structures shall be constructed of one or more of the following materials:

a. Rubber belts, not less than one-half (1/2) inch thickness.

b. Welded wire, not less than 9-gauge, or strength-equivalent material, securely attached to a metal frame.

c. Pressure treated lumber, not less than one-inch thickness.

d. Weather-proof composite boards, not less than one-inch thickness.

e. Metal sheets, not less than one-quarter (1/4) inch thickness.

Water gap materials shall be securely attached to the fencing material with galvanized metal, stainless steel, or aluminum connecting material. Such connecting materials may be coated with a waterproofing material.
Water gap structures consisting of separate hanging units shall have a gap no more than 3 inches between each hanging unit.
In areas where water gap structures are utilized, height of water gap structure and fence combined shall be no less than 8 feet in height measured from the natural ground level outside of the area susceptible to water flow.
Water gap structures shall be locked or secured to form an immovable vertical barrier when water is not flowing.
Debris which would prevent the water gap structure from being locked or secured in place shall be removed within 24 hours of water receding to normal water level.
Water gap structures shall be approved by the Commission before use.
Any water gap structures in use on June 2, 2025, shall have one year after June 2, 2025, to come into compliance with the requirements above.

(10) Game farms and the physical facilities and installations of any game farm are subject at any time to inspection by Commission personnel, to verify compliance with Commission rules and other applicable laws. Refusal of any such inspection shall result in revocation of an issued game farm permit.

(11) Game farms shall be equipped and operated in such a manner as to provide sufficient food and humane treatment for the game kept thereupon. A continuous source or supply of clean water shall be readily available at all times for all game. Access to bodies of water for cooling should be considered for those species which will utilize it. The premises, pens, and facilities of all game farms shall be maintained in a sanitary condition.

(12) Game birds or mammals may be temporarily housed in cages or enclosures smaller than the sizes set forth in subsection (9) above, only under the following circumstances:

(a) For transport, in accordance with the requirements of subsection (13), below.

(b) Wildlife being held for sale by those persons properly permitted pursuant to Section 379.3761 or 379.3711, F.S., or for veterinary care, or quarantine may be temporarily housed or caged in smaller cages or enclosures or commingled with hunt preserve animals for a period not to exceed 60 days. With written notification to the Commission, this period may be extended in circumstances where a licensed veterinarian has certified that a longer holding period is medically necessary in the interests of the health, safety, and welfare of the subject animals or the public. Medical records concerning all animals for which an extension of the 60-day period is obtained shall be maintained at the facility and shall be made available for inspection, upon request, by Commission personnel. The caging or enclosure of all wildlife temporarily held under this section shall not be smaller than that required for the caged animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal. All wildlife caged or housed as outlined above, shall be permanently marked or their enclosures shall be permanently marked so as to be traceable to written records indicating the date the wildlife was placed in temporary holding. Such records shall be maintained and made available for inspection by Commission personnel. Commission personnel shall direct dealers to mark wildlife temporarily if, upon inspection, there is no record indicating the date the wildlife was placed in temporary holding.

(c) Juvenile individuals of the families Suidae, Cervidae and Bovidae may be kept in enclosures that do not meet the size specifications in paragraph (9)(d) until the animal reaches six months of age. Duration may be extended with a veterinarian’s statement, showing that such size cage is required for the continued health and welfare of the animals until a specified date. Such caging may be utilized provided that:

Written documentation is available to verify the age of the animal.
The animal is marked or otherwise identifiable.
The animal shall be provided space for exercise on a daily basis.
The enclosure shall allow normal postural movement.

(d) Hatchling/fledgling birds may be held in enclosures that allow for normal postural movements and social adjustments that ensure the health and sanitary needs of the animals.

(e) Cages or enclosures for mobility-impaired animals shall meet standard caging requirements, unless it can be demonstrated that such cage or enclosure, or its required accessories, are detrimental to the health or welfare of the animal. In such cases, written documentation by a veterinarian confirming the need for the exemption shall be maintained by the permittee and made available to Commission employees upon request.

(f) Animals held at exotic animal auctions, flea markets, and animal swap meets may be kept in enclosures that do not meet the size requirements of paragraph (9)(d), provided that such wildlife is maintained in accordance with this paragraph. The owner shall be responsible for the welfare of the animals, unless the wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.
Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.
A continuous source or supply of clean water shall be readily available at all times for all game.
Fecal and food waste shall be removed from the wildlife's enclosures daily.
Wildlife held in the same enclosures shall be kept in compatible groups.
Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta are prevented from entering lower cages/enclosures.
Sick or injured wildlife shall be afforded prompt and appropriate treatment.

(13) When live game is being transported, the transporter of such game shall be permitted to possess such game or shall be an employee of a permittee authorized to possess such game. Any individual transporting Class I Bovidae shall be permitted for possession of such Class I Bovidae. The transporter of live game shall have a copy of records required in paragraph (15)(c) below while in transit.

(a) Any enclosure containing such game shall be clearly marked as follows:

For game that is transported in a cage or enclosure, the cage or enclosure shall be clearly labeled “Live Animal.” The cage or enclosure shall also be clearly and visibly marked with a label including the common names of each species and the quantity of each species.
For game that is transported in a trailer, compartment of a trailer, or vehicle, a label stating, “Live Animal” shall be affixed to every access door(s), or attached to any locking mechanism securing such access door(s), with lettering not less than one inch in height and in a contrasting color to the trailer. A list containing the common names of each species and the quantity of each species shall be maintained in the vehicle.
Any transport cages, enclosures, or trailers utilized to transport wildlife shall be as follows:

a. Of sufficient strength and security to prevent escape.

b. Large enough to ensure that each individual animal has sufficient space to turn, stand erect, and lie naturally; however, certain species may be restricted in their movements according to professionally acceptable standards when freedom of movement would constitute a danger to the animals, their handlers, or other persons.

(14) Those game farms acquiring, possessing, selling or otherwise disposing of deer, elk or other members of the family Cervidae shall comply with Rules 68A-4.005, 68A-4.0051 and 68A-4.0053, F.A.C., concerning introduction, importation, movement, and transportation requirements. Those game farms acquiring, possessing, selling or otherwise disposing of mallard ducks shall also comply with Rule 68A-4.0052, F.A.C.

(15) Any person holding a game farm permit shall maintain a record of each of the following changes in captive inventory, which shall be open to inspection upon request by Commission personnel and shall be maintained for a minimum of five years from the date of acquisition, transfer, sale, or harvest:

(b) Animals harvested by the permittee or their employees. Such record shall include the date of harvest, quantity and species of game taken.

(c) Records of sale or transfer, which shall include the date of sale or transfer; quantity and species of game sold or transferred; name and complete address of the entity to which game is sold or transferred; and FWC permit identification number of the recipient, where applicable. Such records shall be available for inspection upon request by Commission personnel.

(d) Any person holding a game farm permit who conducts intrastate movement of deer, elk, or other members of the family Cervidae shall keep and maintain copies of all records of compliance with Rule 68A-4.0051 and Chapter 5C-26, F.A.C., regarding the importation or intrastate movement of such deer, elk, or other members of the family Cervidae.

(16) All game, except captive white-tailed deer, possessed or sold for food or consumptive purposes shall be killed on the premises of the game farm or transported to a recognized slaughter establishment for immediate processing. In instances where live game is transported to a recognized slaughter establishment for immediate processing, a copy of the current and valid game farm permit of the farm where such game was produced shall accompany the live game in transport. In instances where live game is sold or transferred, the transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game. Harvested game possessed, sold or transferred for food or consumptive purposes shall comply with the following provisions:

(b) Deer meat (venison) from species of deer not native to the state shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, “NON-NATIVE VENISON, PRODUCED ON A LICENSED GAME FARM” and shall include the name of the species. Additionally, each container shall be clearly marked to indicate the name, complete address, and FWC permit identification number of the game farm producing such venison.

(c) Any harvested game stored on the premises of the game farm that has been sold or transferred shall be clearly marked or tagged to reflect the name and complete address of the recipient, species name, person who harvested the animal, date of harvest and date of sale or transfer.

(d) Game harvested on a game farm and stored on the premises shall not be commingled with game taken from the wild and shall be marked with the species name and date of harvest.

(e) Game farms shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(17) All game farms possessing, selling, or transferring captive-reared white-tailed deer for food or consumptive purposes, shall be in compliance with the following:

(a) Deer shall be transported live to a recognized slaughter establishment for immediate preparation and processing for consumption.

A copy of the current and valid game farm permit of the farm where such game was produced shall accompany the live game in transport.
The transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game.
Notify the Commission at least 48 hours prior to transfer of live deer to a recognized slaughter establishment.
Game farms shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(b) Captive-reared white-tailed deer meat (venison) shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, “WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA LICENSED GAME FARM”. Additionally, each container shall be clearly marked to indicate the name, date, complete address, and FWC permit identification number of the game farm producing such venison and the identification number and name of the recognized slaughter establishment.

(c) Deer shall not have been chemically immobilized or otherwise provided with any drugs within 30 days of transfer for processing.

(18) All game harvested shall be taken as specified by Commission rules for the species. Injured or wounded mammals shall be immediately treated by the permittee, treated by a veterinarian, or euthanized.

(19) Any method of euthanasia shall be authorized for humane purposes provided that such method of euthanasia is humane pursuant to the American Association of Zoo Veterinarians guidelines or the American Veterinary Medical Association guidelines. Only a veterinarian, the game farm permittee or the permittee’s employee may euthanize game on the game farm premises. A current list of employees authorized by the permittee to euthanize game shall be maintained by the permittee and made available for inspection upon request by Commission personnel.

(20) Native game shall only be killed pursuant to the regulations for that species or in accordance with subsection (19), above. Only the game farm permittee or the permittee’s employees may kill game on the game farm premises.

(21) Permitted facilities shall report any escapes from the perimeter fencing or the approved facility location. Permitted facilities shall report any escapes from an enclosure, cage, or other constraint when captive-reared game is away from such approved facility location. Such reporting shall be made to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, immediately upon discovery of the escape. Any person in possession of captive-reared game which requires a permit issued under this rule shall make reasonable efforts to ensure the recapture and return of the escaped game to containment or lawful removal of such escaped game from the wild.

(a) Failure to report any escapes of captive-reared game as specified above shall be considered a violation of this rule.

(b) No person shall maintain captive-reared game animals in an unsafe or negligent manner which results in escape of game.

(22) It is unlawful to buy, sell or transfer any live game to or from any unpermitted entity within Florida. Recipients of any live game received from a game farm shall be permitted pursuant to this rule, Section 379.3761, 379.3672, or 379.3712, F.S., unless exempt from the permitting provisions.

(23) The permitting provisions of this rule shall not apply to:

(a) The possession, protection, propagation, raising or production of bison for commercial farming purposes.

(b) The protection, propagation, raising or production of 100 or fewer live bobwhite quail or non-native game birds (except non-native ducks and geese) for personal use, consumption, educational, dog training or other not-for-sale or exhibition purpose.

(c) Persons purchasing or receiving eggs for personal use, consumption, educational or other not-for-sale or exhibition purposes.

(24) Dissolution.

(a) Prior to voluntary dissolution of a game farm and subsequent expiration of the current permit, the permittee shall notify the Commission of their intent to dissolve.

(b) Prior to dissolution of a game farm and subsequent expiration of the current permit, the permittee shall legally dispose of all captive-reared native and non-native game animals authorized under the permit. Game farms under dissolution shall do one or more of the following:

Take of game animals by the permittee or the permittee’s employees, in accordance with subsections (19) and (20) above.
Sale or transfer of live game animals to a permitted entity. All sales or transfers shall be in compliance with subsections (13) and (15) above.
Sale or transfer of game animals for food or consumptive purposes. All sales or transfers shall be in compliance with subsections (16) and (17) above.
Sale or transfer of the game farm and current inventory to a new permittee. All captive-reared native and non-native game animals contained thereon shall remain the responsibility of the permittee until such time that a new permittee becomes permitted and takes responsibility for such captive-reared game. If the new owner does not obtain a game farm permit for the inventory contained on the property, it shall be considered unlawful transfer and abandonment of captive-reared game by the previous permittee.

(25) Any person whose permit is revoked or non-renewed as provided for in subsection 68-1.010(2), F.A.C., shall be subject to the provisions outlined in subsection 68A-6.003(2), F.A.C., and the following:

(c) Any person dissolving a game farm due to revocation or non-renewal shall comply with subsections (13)-(17) above regarding transportation and record keeping requirements.

(e) Such person shall not serve as an employee, agent, or volunteer, whether paid or unpaid, at any permitted game farm or hunting preserve facility or on behalf of any game farm or hunting preserve permittee for a period of three (3) years following final administrative action.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.302, 379.3711 FS. History–New 8-27-09, Amended 11-22-18, 12-3-20, 7-4-21, 8-2-22, 7-17-23, 6-2-25.

Fla. Admin. Code R. 68A-12.012 Regulations Governing Bear Hunting

No individual shall harvest bears from the wild within the state of Florida except as provided herein. The Commission finds that Florida’s bear population can sustain bear harvest. Accordingly, as set forth herein, the Commission creates a limited-entry hunting opportunity for appropriate bear populations in current Bear Management Units, as defined in Rule 68A-4.009, F.A.C. This rule sets the criteria for how Bear Harvest Zones will be established, the criteria for determining the number of special-use bear harvest permits that will be issued per Bear Harvest Zone, the requirements of permit holders, and the creation of a Private Lands Bear Harvest Program.

(1) Establishment of Bear Harvest Zones and the number of Bear Harvest Permits:

(a) The executive director, or designee, shall by establishment order set Bear Harvest Zones. Bear Harvest Zones are areas delineated for a sustainable bear harvest based on such things as habitat characteristics, accessibility, and estimated bear densities.

(b) A Bear Harvest Zone will only be established within Bear Management Units having a bear population estimate over 200.

(c) The number of Bear Harvest Permits issued shall be established annually by the Executive Director, or designee, and shall be based upon parameters specific to each Bear Management Unit to ensure a sustainable population using the following:

Bear population and demographic estimates;
Documented total mortality of adult female bears; and
Bear hunting success rates.

(2) Application, selection, issuance of Bear Harvest Permits, and restrictions:

(a) Individuals may apply for a Bear Harvest Permit through the Commission’s online licensing system (available at: https://GoOutdoorsFlorida.com). The Commission shall give notice of the designated application times and dates each year electronically at: https://www.MyFWC.com/Bear.

Applicants may submit more than one application. Applicants will be chosen for a Bear Harvest Permit for a specific Bear Harvest Zone by random drawing.
Applicants must pay a non-refundable application fee, as established by paragraph 68A-9.007(2)(b), F.A.C., per application submitted. Applicants selected in the random drawing must pay the permit fee, as established by paragraph 68A-9.007(2)(b), F.A.C., for the issuance of a Bear Harvest Permit by the deadline indicated on the invoice. Selected applicants who fail to pay the fees by the deadline forfeit their permit to the next applicant selected for that specific Bear Harvest Zone.
Permits will be limited to one Bear Harvest Permit per individual.
Applicants must:

a. Be 18 years of age or older by October 1 of the application year; and,

b. Have complied with all tagging and reporting requirements associated with any bear harvest permit issued to the applicant in any year.

(b) Successful applicants shall be awarded a Bear Harvest Permit through the Commission’s licensing system.

Bear harvest tags issued under this subsection shall remain the property of the Commission until affixed as provided herein.
Only a Bear Harvest Permit holder may possess a bear harvest tag.
Unused bear harvest tags shall be returned by the permit holder to the Commission no later than 14 days after the expiration date of the Bear Harvest Permit. It shall be a violation of this section for any individual to possess unused bear harvest tags beyond 14 days after the expiration date of the Bear Harvest Permit.

(d) Bear Harvest Permits shall be valid for use in a specific Bear Harvest Zone and prohibited from use on any Private Lands Bear Harvest Program property as described in subsection (6), below.

(e) Bear Harvest Permits and their associated harvest tags, supplied by the Commission, are nontransferable.

(f) No more than 10% of Bear Harvest Permits awarded shall be to non-residents.

(3) Bear hunting requirements:

(a) Individuals taking bears under a Bear Harvest Permit must be licensed and permitted pursuant to Section 379.354, F.S., unless exempt under section 379.353, F.S.

(b) Unpermitted guests may participate in the taking of bears as follows:

When the Bear Harvest Permit holder is present on the property where the take of bear is occurring.
Guest hunters must be licensed and permitted as required by section 379.354, F.S., unless exempt pursuant to section 379.353, F.S.
The guest(s) and Bear Harvest Permit holder must share the Bear Harvest Permit bag limit.
The Bear Harvest Permit holder shall be responsible for ensuring that all parties comply with the bag limit.
One guest hunter is allowed per Bear Harvest Permit holder hunting without dogs.
Up to nine guest hunters are allowed per Bear Harvest Permit holder hunting with dogs.

(c) The open season for harvesting bears shall begin no earlier than October 1 and end no later than December 31. Season dates will be established annually, and pursuant to subsection 120.81(5), F.S., the Commission shall give notice of the annual season dates electronically at: https://www.MyFWC.com/Bear.

(d) The general methods and prohibitions for take of bear are as provided in Rule 68A-12.002, F.A.C.

(e) Use of dogs:

Dogs on leash may be used for trailing a shot bear.
Effective July 1, 2026, dogs may be used to pursue bears during the bear dog training seasons established in subsection 68A-12.007(6), F.A.C.
Effective July 1, 2027, dogs may be used to pursue bears during the bear dog training seasons established in subsection 68A-12.007(6), F.A.C., and under a Bear Harvest Permit.
The use of dogs to pursue bears shall comply with the requirements of Rule 68A-12.007, F.A.C.
No more than six dogs at any one time may be used to pursue bears.
Dogs may be used to pursue bears on privately-owned property only if the property has been registered as provided in subsection 68A-12.007(3), F.A.C.

(f) Bears may only be taken in the Bear Harvest Zone as specified in the Bear Harvest Permit.

(g) The daily, possession, and season bag limit is one bear per Bear Harvest Permit but at no time shall an individual harvest a bear under more than one Bear Harvest Permit per season.

(4) Bear harvest tagging, reporting, and sampling requirements.

(a) A harvested bear shall be tagged with the issued bear harvest tag prior to moving the bear from the point of recovery. The tag shall be locked and attached through the skin of the carcass. The harvest tag shall remain locked and attached to the carcass until the bear is reported using the Commission’s harvest reporting system and shall remain locked and attached to the bear skin until the skin is tanned, taxidermy mounted or exported from the state. The harvest tag may not be altered to compromise the locking mechanism in any way and shall be used only once.

(b) The possession of any bear not tagged as prescribed herein is prohibited, and such bear shall be subject to seizure and forfeiture to the Commission under the provisions of section 379.3311, F.S.

(c) Harvest reporting requirements shall apply to any individual who harvests a bear under this Rule and does not apply to bears taken under Rule 68A-4.009, F.A.C., or under permits issued pursuant to Rule 68A-9.002, F.A.C.

Each bear harvested shall be reported using the Commission’s harvest reporting system (available at: https://GoOutdoorsFlorida.com and through the Fish|Hunt Florida app on Apple and Android devices) under the customer ID number of the individual who harvested the bear. Reporting must occur within 24 hours of harvest, prior to final processing, prior to the bear or any portions or parts thereof being transferred to another party, and prior to leaving the state.
Upon report, the Commission’s harvest reporting system will provide a confirmation number.
After reporting through the Commission’s harvest reporting system, but prior to that bear being transferred to any other party, the bear, or portions or parts thereof, must be labeled with the first and last name of the harvester and the harvest reporting confirmation number. Such labeling shall remain on the bear, or portions or parts thereof, until final processing or until stored at the domicile of its possessor.

(d) All harvested bears are subject to inspection and collection of biological samples by Commission representatives for purposes of harvest sustainability and conservation of the bear resource.

(5) Bear processing and parts.

(a) For any harvested bear, evidence of legal harvest must be possessed, and the identifying information of the harvester must be provided as described herein. For the purposes of this subsection, evidence of legal harvest is in the form of testicles, penis, penis sheath, mammary glands, or vulva that shall remain naturally attached to the carcass, and the identifying information of the harvester is their first and last name and either their customer ID number or their harvest reporting confirmation number.

(b) A harvested bear may be transferred whole or divided and transferred in portions or parts from the harvester to other individuals in the field or camp. If transferred whole, the possessor must retain evidence of legal harvest and the bear harvest tag locked and attached to the carcass per paragraph (4)(a), above, and provide the identifying information of the harvester. If transferred in portions or parts, the harvester must retain evidence of legal harvest and the bear harvest tag locked and attached through the skin per paragraph (4)(a), above, and any possessor of the portions or parts must provide the identifying information of the harvester.

(c) If the harvester retains the whole harvested bear in their possession, then they must possess evidence of legal harvest, and the bear harvest tag locked and attached to the carcass per paragraph (4)(a), above, and provide their identifying information. Evidence of legal harvest and identifying information of the harvester must be retained until a harvested bear arrives at a meat processor, taxidermist, the domicile of its possessor, or has been cooked, and must be provided upon request by Commission Law Enforcement.

(d) Bear legally taken may be stored in public cold storage, refrigerators, freezers or coolers or a processing facility when packaged or labeled and clearly marked with the owner’s name and, if a license is required, license number or customer ID number.

Any harvested bear, or portions or parts thereof, subject to the harvest reporting provisions of subsection (4) above, shall also have the Commission’s harvest reporting system confirmation number recorded on the label by the harvester, and any bear, or portions or parts thereof, legally taken out-of-state shall also have the telephone number of the individual taking or acquiring such bear and the state of harvest recorded on the label. Such labeling shall remain on the bear, or portions or parts thereof, until final processing or until stored at the domicile of its possessor.
As an alternative to labeling, the owner of any public cold storage, refrigerators, freezers or coolers or a processing facility may use a logbook and numbering or other tracking system. The logbook shall contain the same information required of the aforementioned label. The logbook shall be kept on the premises for inspection by a Commission Law Enforcement Officer and retained while a bear, or parts thereof, recorded therein are on the premises.
The owner, operator, or lessee of public cold storage, refrigerators, freezers or coolers or a processing facility are not subject to possession limits described in paragraph (3)(g), above, for any bear legally taken by another and stored in their facility.

(6) Beginning January 1, 2026, the Commission hereby creates a Private Lands Bear Harvest Program (Program) to permit landowners to bear hunt on their properties. A landowner may apply for a Program permit issued by the Executive Director, or designee, to allow for the take of bear on a specified private property from October 1 through December 31.

(a) Program enrollment application must meet the following criteria:

The property identified in the Program enrollment application must be at least 5,000 contiguous acres, with no less than 50% of the identified acres being suitable bear habitat. Adjoining properties that form, in aggregate, one contiguous piece of land that together satisfies the acreage requirement and have no less than 50% of the identified acres being suitable bear habitat qualify for Program enrollment.
Only the owner of the property, the lessee of the property, or an individual who has written permission from the landowner may submit an application. Applications shall include:

a. A written description of the property boundaries;

b. The total acreage of the property;

c. The name, street or physical address, and telephone number for the applicant and the landowner(s);

d. The signature of the landowner(s) or legal agent of the landowner(s) providing permission to enroll their property in the Program; and

e. Other information pertaining to the proposed activity necessary for permit issuance and enforcement of this subsection.

(b) Permit issuance requirements:

An applicant must submit a written Bear Habitat Management Plan (BHMP) developed or approved by a Certified Wildlife Biologist (CWB; certified by The Wildlife Society 5410 Grosvenor Lane, Suite 200, Bethesda, MD 20816) or developed through the Commission’s Landowner Assistance Program.
An applicant must submit an annual bear population survey demonstrating the number of individual adult bears using the property between August 1 and December 31. The survey must be verified by a Certified Wildlife Biologist and shall not include any bears observed within 300 feet of the property’s boundary described in the application.
An applicant must include a minimum of four qualifying conservation activities (active habitat management, wildlife management or conservation-related activities for youth) annually indicating those activities affect at least 10% of the property during the Program enrolled period. Conservation-related activities for youth may only account for one of the four qualifying conservation activities required.
Commission personnel shall review the application and approve or deny based on whether it is complete and includes the required proposed conservation activities and population data. If approved, the property will be enrolled in the Program and a permit issued in the name of the applicant. Only one permit will be issued for the property described in the application. As a condition of annual permit renewal, the property must be managed consistent with the BHMP, and the conservation activities must be performed substantially as proposed.
Notwithstanding the provisions of Rule 68A-4.009, F.A.C., no individual may harvest a bear on property enrolled in the Program except as provided for by permit issued under this paragraph:

The Commission shall furnish one bear harvest tag for a property 5,000 to 14,999 acres that submit population data demonstrating at least five individual bears using the property, up to two (2) bear harvest tags for a property 15,000 to 24,999 acres that submit population data demonstrating at least 10 individual bears using the property, and a maximum of three bear harvest tags will be issued for a property 25,000 acres or more that submit population data demonstrating at least 15 individual bears using the property.

a. Bear harvest tags issued under this subsection shall remain the property of the Commission until affixed as provided herein.

b. Any unused bear harvest tag shall be returned by the permittee to the Commission no later than 14 days after the expiration date of the Program permit. It shall be a violation of this section for any individual to possess any unused bear harvest tag issued pursuant to this section 14 days after the expiration date of the permit.

The general methods and prohibitions of take for bear are as provided in Rule 68A-12.002, F.A.C.
Use of dogs:

a. Dogs on leash may be used for trailing a shot bear.

b. Effective July 1, 2026, dogs may be used to pursue bears during the bear dog training seasons established in subsection 68A-12.007(6), F.A.C.

c. Effective July 1, 2027, dogs may be used to pursue bears during the bear dog training seasons established in subsection 68A-12.007(6), F.A.C., and under a Program permit.

d. All dogs used to pursue bears shall comply with the requirements of Rule 68A-12.007, F.A.C.

e. No more than six (6) dogs at any one time may be used to pursue bears.

f. Dogs may be used to pursue bears only if the property has been registered as provided in subsection 68A-12.007(3), F.A.C.

Any individual taking bear under a Program permit issued under this subsection must be licensed as required by section 379.354, F.S., unless exempt under section 379.353, F.S.
Each bear harvested under a Program permit shall be tagged with a bear harvest tag issued with the permit prior to moving the bear from the point of recovery. The tag shall be locked through the skin of the carcass. The possession of any bear not tagged as prescribed herein is prohibited, and such bear shall be subject to seizure and forfeiture to the Commission under the provisions of section 379.3311, F.S. The harvest tag shall remain locked on the carcass until the bear is reported using the Commission’s harvest reporting system and shall remain locked and attached to the bear skin until the skin is tanned, taxidermy mounted or exported from the state. The harvest tag may not be altered to compromise the locking mechanism in any way and shall be used only once.

(d) The harvest reporting requirements of subparagraphs (4)(c)1. through 3. and paragraph (4)(d), above, shall apply to bears harvested under this subsection.

(e) Commission personnel may access property enrolled in the Private Lands Bear Harvest Program to check for permit compliance or to collect biological specimens and data on any bear taken.

(7) Failure to comply with any provisions of this rule or any other Commission rules may be grounds for revocation, suspension, or denial of any permit issued under this rule pursuant to Rule 68-1.010, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., History – New 9-16-25.

Chapter 68A-13 GENERAL HUNTING REGULATIONS

Fla. Admin. Code R. 68A-13.0001 Definitions

When used in this rule chapter, the terms and phrases listed below have the meaning provided:

(1) Deer management unit (DMU) ‒ The following geographical portions of the state, less any lands established by the Commission pursuant to Rule 68A-14.001, F.A.C.:

(a) DMU A1 – That portion of Zone A located east and south of State Road 80, south of US Highway 27, east and south of County Road 835, east and north of County Road 833/Josie Billie Rd/Snake Road, east of the eastern boundary of Big Cypress National Preserve, south of Interstate 75, and east of the western boundary of Miami-Dade County.

(b) DMU A2 – That portion of Zone A located south of County Road 886/Golden Gate Parkway south of Interstate 75, east of State Road 29, south of the northern boundary of Big Cypress National Preserve, west of the eastern boundary of Big Cypress National Preserve, and west of the western boundary of Miami-Dade County.

(c) DMU A3 – That portion of Zone A located north of County Road 886/Golden Gate Parkway, north of Interstate 75, west of State Road 29, north of the northern boundary of Big Cypress National Preserve, east of the eastern boundary of Big Cypress National Preserve, west and south of County Road 833/Josie Billie Rd/Snake Road, west and north of County Road 835, north of US Highway 27, and north and west of State Road 80.

(d) DMU B1 – Includes all of Zone B.

(e) DMU C1 – That portion of Zone C located west of the eastern boundary of Highlands County, west of the eastern boundary of Polk County, south of State Road 50, and south of State Road 550/Cortez Boulevard.

(f) DMU C2 – That portion of Zone C located east of the eastern boundary of Highlands County, east of the eastern boundary of Polk County, south of State Road 50, west of US Highway 1, and south of State Road 528/Bennett Causeway and Canaveral Barge Canal.

(g) DMU C3 – That portion of Zone C located south of US Highway 27, west of US Highway 41, north of State Road 50, and north of State Road 550/Cortez Boulevard.

(h) DMU C4 – That portion of Zone C located north of State Road 50, east of US Highway 1, north of State Road 528/Bennett Causeway and Canaveral Barge Canal, east of US Highway 41, south of US Highway 441, west and south of State Road 20, west and south of US Highway 17/State Road 20/State Road 100, west and south of State Road 20/State Road 100, and south of State Road 100/Moody Boulevard.

(i) DMU C5 – That portion of Zone C located north of US Highway 27, north of US Highway 441, and west of Interstate 75.

(j) DMU C6 – That portion of Zone C located east of Interstate 75, north of US Highway 441, north and east of State Road 20, north and east of US Highway 17/State Road 20/State Road 100, north and east of State Road 20/State Road 100, and north of State Road 100/Moody Boulevard.

(k) DMU D1 – That portion of Zone D located south of Interstate 10.

(l) DMU D2 – That portion of Zone D located north of Interstate 10.

(2) Zone – The following geographical portions of the state:

(a) Zone A – The counties of Broward, Charlotte (east of the Peace River and east Charlotte Harbor), Collier, Dade, DeSoto (south of State Road 70 and east of the Peace River), Glades, Hendry, Highlands (south of State Road 70), Lee, Martin (west of US Highway 441), Monroe, Okeechobee (south of State Road 70 and west of US Highway 441) and Palm Beach (except that portion lying east of US Highway 441, east of State Road 80, north of County Road 880, and north of US Highway 98/US Highway 441/State Road 80/Southern Boulevard).

(b) Zone B – The counties of Hernando (south of State Road 50 and east of Interstate 75), Hillsborough (north of State Road 60 and east of Interstate 75), Lake (south of State Road 50), Orange (south of State Road 50 and west of US Highway 17), Osceola (west of US Highway 17, south and west of County Road 525, west of the western shoreline of Lake Tohopekaliga, west of C-35 canal, west of the western shoreline of Cypress Lake, west of C-36 canal and west of the eastern shoreline of Lake Hatchineha), Pasco (east of Interstate 75), Polk (north of State Road 60) and Sumter (south of State Road 50).

(c) Zone C – The counties of Alachua, Baker, Bradford, Brevard, Citrus, Clay, Charlotte (except east of the Peace River and east of Charlotte Harbor), Columbia, DeSoto (except south of State Road 70 and east of the Peace River), Dixie, Duval, Flagler, Gadsden (east of US Highway 27), Gilchrist, Hamilton, Hardee, Hernando (north of State Road 50 and west of Interstate 75), Highlands (north of State Road 70), Hillsborough (south of State Road 60 and west of Interstate 75), Indian River, Jefferson, Lafayette, Lake, Leon (east of US Highway 27, east of State Road 61, and east of US Highway 319), Levy, Madison, Manatee, Marion, Martin (east of US Highway 441), Nassau, Okeechobee (except that portion lying south of State Road 70 and west of US Highway 441), Orange (north of State Road 50 and east of US Highway 17), Osceola (east of US Highway 17, north and east of County Road 525, east of the western shoreline of Lake Tohopekaliga, east of C-35 canal, east of the western shoreline of Cypress Lake, east of C-36 canal and east of the eastern shoreline of Lake Hatchineha), Palm Beach (east of US Highway 441, east of State Road 80, north of County Road 880, and north of US Highway 98/US Highway 441/State Road 80/Southern Boulevard), Pasco (west of Interstate 75), Pinellas, Polk (south of State Road 60), Putnam, St. Johns, St. Lucie, Sarasota, Seminole, Sumter (north of State Road 50), Suwannee, Taylor, Union, Volusia and Wakulla (east of US Highway 319, north and east of US Highway 98, and east of the eastern shoreline of the Wakulla and St. Marks Rivers).

(d) Zone D – The counties of Bay, Calhoun, Escambia, Franklin, Gadsden (west of US Highway 27), Gulf, Holmes, Jackson, Leon (west of US Highway 27, west of State Road 61, and west of US Highway 319), Liberty, Okaloosa, Santa Rosa, Wakulla (west of US Highway 319, south of US Highway 98, and west of the eastern shoreline of the Wakulla and St. Marks Rivers), Walton and Washington.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-14, Amended 7-1-15, 7-29-15, 9-16-25, 7-1-26.

Fla. Admin. Code R. 68A-13.001 Open Season for Taking Game; Bag and Possession Limits

(1) The open seasons for taking game shall be those specific periods designated by rule of the Commission. The Commission shall establish annual seasons during which game mammals and game birds may lawfully be taken and the daily bag and possession limits of such game mammals and game birds.

(2) The Commission shall compile in pamphlet form all rules adopted in sufficient number as to make a copy available to all purchasers of hunting licenses.

(3) No person shall in any one day take more game than the daily bag limit or possess more than the maximum number of game birds or game animals allowed by the regulations of the Commission, except as provided by subsection (6) of this rule or Rule 68A-12.004 or 68A-13.004, F.A.C.

(4) No person shall take any game during the open season at any time other than during the shooting hours established for the species.

(5) Non-native game birds released by private individuals may be hunted only during the open season for quail except on licensed hunting preserves. Other non-native game birds or game animals may be taken only during the open season for the particular species established annually by the Commission.

(6) Non-native deer of either sex may be taken during any open season for taking deer established by the Commission and are not subject to antler requirements, bag or possession limits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-13.01, 39-13.001, 7-1-21, 7-1-22.

Fla. Admin. Code R. 68A-13.002 Migratory Birds; Adoption of Federal Statutes and Regulations

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Formerly 39-13.02, Amended 7-1-94, 8-11-98, Formerly 39-13.002, Transferred to 68A-16.001.

Fla. Admin. Code R. 68A-13.003 Hunting Regulations for Ducks, Geese, and Coots

The Commission has approved the following regulations and bag limits for taking ducks, geese, and coots:

(1) Duck, light goose, and coot season:

(a) Open season:

First phase – Opening the Saturday before Thanksgiving and closing the Sunday following Thanksgiving.
Second phase – Opening 50 days prior to the last Sunday in January and closing the last Sunday in January.
Youth Waterfowl Hunt ‒ The Saturday prior to the opening of the first phase as specified in subparagraph (1)(a)1. and the second Saturday following the close of the second phase as specified in subparagraph (1)(a)2. Hunters must be under 16 years of age and must be accompanied by an adult at least 18 years of age. Adults with required licenses and permits for taking waterfowl, unless otherwise exempt from these requirements, may participate in the hunt, except they may not take wildlife with a gun. Daily bag limits and species restrictions for ducks, geese, and coots will be as described in paragraphs (1)(e) and (4)(c). Common gallinules may also be taken and bag and possession limits for this species will be as specified in Rule 68A-13.008, F.A.C.
Veterans and Active Military Hunt ‒ The first Saturday and Sunday following the close of the second phase as specified in subparagraph (1)(a)2. Hunters must be veterans or members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty. Non-hunting guests with required licenses and permits for taking waterfowl, unless otherwise exempt from these requirements, may participate in the hunt, except they may not take wildlife with a gun. Daily bag limits and species restrictions for ducks, geese, and coots will be as described in paragraphs (1)(e) and (4)(c). Common gallinules may also be taken and bag and possession limits for this species will be as specified in Rule 68A-13.008, F.A.C.

(b) In Leon County (except below or within the ordinary high water line for Lake Talquin and the Ochlockonee River) and below the ordinary high water line for Lake Miccosukee in Jefferson County, waterfowl hunting is permitted only on Wednesdays, Saturdays and Sundays during the open season. In addition to Wednesdays, Saturdays and Sundays, waterfowl hunting is permitted on Thanksgiving and the day after; December 24, 25, 26 and 31; January 1 and 2; Martin Luther King, Jr. Day (if occurring during the open season described in paragraph (1)(a), above); and the first, last, and next-to-the-last days of the open season in subparagraph (1)(a)1. and 2., above.

(c) Waterfowl hunting is permitted only on Wednesdays, Saturdays and Sundays during the open season in the State waters of the Gulf of America in Hernando County north of Raccoon Point (south boundaries of Sections 35 and 36, T-21-S, R-16-E) and east of Saddle Key as designated by posted signs.

(d) Shooting hours: One-half hour before sunrise until sunset.

(e) Limits: The possession limit for ducks and coots shall be three days’ bag limit. There shall be no possession limit for light geese. Light geese include only snow (including blue) and Ross’ geese.

Ducks: The daily bag limit for ducks is six, including no more than: four mallards, of which only two can be female; one scaup during the open season specified in subparagraph (1)(a)1. and the first 31 days of the open season specified in subparagraph (1)(a)2.; two scaup during the last 20 days of the open season specified in subparagraph (1)(a)2. and the open seasons specified in subparagraphs (1)(a)3. and (1)(a)4.; four sea ducks, to include no more than three scoters, three long-tailed ducks or three eiders, of which only one can be a female eider; three wood ducks; two redheads; three pintails; two canvasbacks; two black ducks; one Florida duck (mottled duck); and one fulvous whistling-duck. In addition to the daily bag limit for ducks, the daily bag limit for mergansers (red-breasted, common, hooded) is five.
Light geese: The daily bag limit for light geese is 15.
Coots: The daily bag limit for coots is 15.

(2) General restrictions:

(a) The taking of harlequin ducks, brant, or geese other than light geese as specified in subsection (1), Canada geese as specified in subsection (4), and geese as specified in Rule 68A-4.001, 68A-15.004, 68A-15.006, or 68A-17.004, is prohibited.

(b) It shall be illegal to take ducks, geese or coots with shotshells loaded with any type of shot other than steel or other nontoxic shot approved for use by the Fish and Wildlife Service, U.S. Department of the Interior.

(3) September duck season:

(a) Open season: Wood Duck and Teal - Opening eight days prior to the last Sunday in September and closing four days thereafter.

(b) Shooting hours: One-half hour before sunrise until sunset.

Daily bag: The daily bag limit shall be six teal and wood ducks in the aggregate per day, no more than two of which shall be wood ducks during the open season as specified in subparagraph (3)(a) of this rule.
Possession: The possession limit shall be three days’ bag limit.

(4) Canada goose season:

(a) Open season:

First phase – Opening the first Saturday in September and closing the last Sunday in September.
Second phase – Opening the Saturday before Thanksgiving and closing the Sunday following Thanksgiving.
Third phase – December 1 through January 30.

(b) Shooting hours: One-half hour before sunrise until sunset.

Daily bag: The daily bag limit is five Canada geese.
Possession: The possession limit is fifteen Canada geese.

(5) Falconry:

(a) Ducks, mergansers, geese, and coots may be taken from one-half hour before sunrise until sunset by the use of a falcon during the open season. The daily bag limit for all migratory game bird species shall be three, singly or in the aggregate, and three days’ bag may be possessed.

(b) Open season for ducks (including mergansers), light geese, and coots: November 3 through November 12. Opening 8 days after the last Sunday in January and closing 28 days thereafter. The open season specified in paragraphs (1)(a) and (3)(a) of this rule.

(c) Open season for Canada geese: The open season as specified in subparagraphs (1)(a)3., (1)(a)4. and subsection (4) of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 10-23-79, 8-19-80, 9-29-81, 8-30-82, 7-27-83, 8-13-84, 8-13-85, 10-1-85, Formerly 39-13.03, Amended 8-5-86, 8-24-87, 8-18-88, 12-12-88, 8-17-89, 10-30-89, 8-9-90, 10-31-90, 8-22-91, 10-31-91, 8-23-92, 10-22-92, 9-2-93, 10-28-93, 11-6-94, 10-23-95, 10-20-96, 8-7-97, 10-28-97, 11-12-98, 6-23-99, Formerly 39-13.003, Amended 11-7-00, 5-13-02, 5-1-03, 7-1-04, 7-1-05, 2-1-06, 7-1-06, 1-9-07, 1-8-08, 7-1-08, 1-6-09, 1-19-10, 7-1-10, 1-5-11, 3-25-12, 2-12-13, 1-23-14, 1-19-15, 12-21-15, 7-1-16, 7-1-17, 8-13-18, 7-1-19, 7-1-19 (1)(f)1., 7-1-20, 7-1-22, 4-1-23, 7-1-23, 3-27-24, 7-10-25.

Fla. Admin. Code R. 68A-13.004 Hunting Regulations for Non-Migratory Game and Issuance of Antlerless Deer Permits and Private Lands Deer Management Permits

The Commission has approved the following hunting regulations for taking non-migratory game.

(1) Bag and possession limits:

(a) Deer: Statewide annual bag (all seasons combined including antlered, antlerless, archery, crossbow, and muzzleloading gun seasons and the youth deer hunt) 5 deer, of which no more than 2 in Zones A, B, C, and DMU D1 and no more than 3 in DMU D2 may be antlerless deer; possession limit, 4; daily bag, 2. No person shall exceed the statewide annual bag, except antlerless or antlered deer taken under the authority of subsections (4) or (5) of this rule, non-native deer, deer killed by a motor vehicle, deer harvested under permits issued pursuant to Rule 68A-9.002 or 68A-9.012, F.A.C., and deer killed on a Licensed Game Farm or Licensed Private Hunting preserve, shall not be subjected to bag or possession limits.

(b) Turkey: daily bag, 2; spring season bag, 2; all fall seasons combined bag, 2; possession limit, 2.

(c) Quail, gray squirrel, and rabbit: daily bag 12 of each species; possession limit 24 of each species; daily falconry bag 2 quail, 12 gray squirrels and 12 rabbits; falconry possession limit 4 quail, 24 gray squirrels and 24 rabbits.

(2) Regulations specific to deer management units:

(a) The take of antlered deer within the listed deer management unit not meeting the prescribed criteria shall be prohibited, except for antlered deer taken pursuant to Rule 68A-9.002, 68A-9.012, 68A-12.010, or 68A-12.011, F.A.C., and 1 antlered deer taken by persons under 16 years of age.

DMU A1: Taking of antlered deer not having at least one antler with two or more points is prohibited.
DMU A2: Taking of antlered deer not having at least one antler with two or more points is prohibited.
DMU A3: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU B1: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU C1: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU C2: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU C3: Taking of antlered deer not having at least one antler with two or more points is prohibited.
DMU C4: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU C5: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU C6: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.
DMU D1: Taking of antlered deer not having at least one antler with two or more points is prohibited.
DMU D2: Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited.

(b) The take of deer in the Florida Keys; of antlered deer in that portion of Collier County lying south of State Road 84, west of State Road 29, north of US Highway 41 and east of the western boundary of the Fakahatchee Strand State Preserve; and of antlerless deer in those portions of the eastern Everglades south of the Tamiami Trail (US 41) and east of Everglades National Park, or in Collier County south of Alligator Alley (State Road 84) is prohibited, except for deer taken pursuant to Rule 68A-9.002, 68A-9.012, 68A-12.010, or 68A-12.011, F.A.C.

(3) Open seasons:

(a) Antlered deer:

Zone A: Opening the third Saturday in September and closing 29 days thereafter and reopening the Saturday before the fourth Thursday in November and closing the first Sunday in January.
Zone B: Opening 9 days after the fourth Thursday in November and closing 78 days thereafter.
Zone C: Opening the first Saturday in November closing 78 days thereafter.
Zone D: Opening the fourth Thursday in November and closing 3 days thereafter and reopening the second Saturday in December and closing 71 days thereafter.

(b) Antlerless deer:

Zone A:

a. DMU A1: Allowed by permit only.

b. DMU A2: Open during the first 9 days of the archery and crossbow seasons in Zone A, and opening the Saturday before the fourth Thursday in November and closing 1 day thereafter.

c. DMU A3: Open during the first 16 days of the archery and crossbow seasons in Zone A, and opening the Saturday before the fourth Thursday in November and closing 3 days thereafter.

Zone B:

DMU B1: Open during the archery, crossbow and muzzleloading gun seasons in Zone B and opening on the last Saturday in December and closing 8 days thereafter.

Zone C:

a. DMU C1: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and opening the Saturday before the fourth Thursday in November and closing 8 days thereafter.

b. DMU C2: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and opening the Saturday before the fourth Thursday in November and closing 8 days thereafter.

c. DMU C3: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and opening the Saturday before the fourth Thursday in November and closing 8 days thereafter.

d. DMU C4: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and opening the Saturday before the fourth Thursday in November and closing 8 days thereafter.

e. DMU C5: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and the first 30 days of the antlered deer season in Zone C.

f. DMU C6: Open during the archery, crossbow and muzzleloading gun seasons in Zone C and opening the Saturday before the fourth Thursday in November and closing 8 days thereafter.

Zone D:

a. DMU D1: Open during the archery, crossbow, muzzleloading gun and antlered deer seasons in Zone D.

b. DMU D2: Open during the archery, crossbow, muzzleloading gun and antlered deer seasons in Zone D.

Fall season (gobblers or bearded turkeys only): During the last 58 days of the antlered deer season in Zone A; during the first 58 days of the antlered deer season in Zones B and C; and during the first 41 days of the antlered deer season in Zone D.
Spring season (gobblers or bearded turkeys only):

a. Opening on the first Saturday of March and closing 36 days thereafter south of State Road 70. Opening on the third Saturday of March and closing 36 days thereafter north of State Road 70.

b. In addition to the season specified in sub-subparagraph a., above, a “Youth Turkey Hunt” shall open the day before the last Saturday of February and close 3 days thereafter south of State Road 70 and open the day before the second Saturday of March and close 3 days thereafter north of State Road 70. Only youth under 16 years of age may hunt and must be under the supervision and in the presence of an adult not younger than 18 years of age. Adults with required license and permits for taking wild turkeys or otherwise exempt from these requirements by Section 379.353, F.S., may participate in the hunt when in the presence of at least one youth under 16 years of age. Adults shall not take wildlife with a gun.

(d) Quail: Opening the second Saturday of November and closing the first Sunday in March. Opening October 1 and closing March 31 for falconry.

(e) Gray squirrel: Throughout the year.

(f) Rabbit: Throughout the year.

(g) Notwithstanding the provisions of paragraphs (3)(a), and (c)-(d), antlered deer, antlerless deer as provided by paragraph (3)(b), gobblers or bearded turkeys and quail may be taken:

During an archery season opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter in Zone D.
During a crossbow season opening 49 days prior to the first day of the antlered deer season and closing 34 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter and reopening 4 days after the fourth Thursday in November and closing 4 days thereafter in Zone D.

(h) Notwithstanding the provisions of paragraphs (3)(a), (c), (d), and (h), antlered deer, antlerless deer as provided by paragraph (3)(b), gobblers or bearded turkeys and quail may be taken:

During a muzzleloading gun season opening 14 days prior to the first day of the antlered deer season and closing 13 days thereafter in Zones A, B and C; and opening 9 days after the first day of the antlered deer season and closing 6 days thereafter in Zone D.
During a muzzleloading gun season in the Zone D opening the day following the last day of the antlered deer season and closing 6 days thereafter, provided that turkeys may not be taken.

(i) Notwithstanding the provisions of paragraphs (3)(a) and (b), and providing that supervising adults with required license(s) and permit(s) for taking deer (or otherwise exempt from these requirements by Section 379.353, F.S.) may participate in the hunt when in the presence of at least one youth under 16 years of age but may not take wildlife with a gun except as allowed during the muzzleloading gun seasons established pursuant to paragraph (3)(i) of this rule, one antlered or antlerless deer may be taken by persons under 16 years of age:

During a youth deer hunt opening 7 days prior to the first day of the antlered deer season and closing 1 day thereafter in Zones A, B and C.
During a youth deer hunt opening 9 days after the first day of the antlered deer season and closing 1 day thereafter in Zone D.

(4) Issuance of antlerless deer permits to landowners – Antlerless deer may be taken under permit from the executive director during the archery, crossbow, muzzleloading gun, antlered and antlerless deer seasons in accordance with the following:

(a) A person who owns, leases or otherwise has written permission to take antlerless deer on specifically identified lands may apply for an antlerless deer permit in accordance with this subsection. An antlerless deer permit will be issued for property or an aggregate of contiguous properties not less than 640 acres in size; or for property or an aggregate of contiguous properties not less than 150 acres in size which are contiguous to property under a current antlerless deer permit or Private Lands Deer Management Permit. Agricultural lands that have been permitted within the previous 12 months for taking of deer for crop depredation purposes shall be exempt from the minimum acreage requirement of this rule.

(b) Applications for antlerless deer permits shall be on such a form as prescribed by the Commission and shall include: a written description of the property boundaries; total acreage of the property; name, street or physical address, and telephone numbers for the applicant and the landowner; a signature of the landowner or legal agent of the landowner providing permission to take antlerless deer where the landowner is not the applicant; and other information pertaining to the proposed activity necessary for permit issuance and enforcement of this subsection.

(c) The permittee shall be furnished an identifying tag for each antlerless deer to be taken from the permitted area. Each person who takes an antlerless deer shall immediately lock the identifying tag to the carcass of the deer. Antlerless deer may not be possessed unless the identifying tag has been locked on the carcass. Each tag shall remain locked on the carcass until the deer is dismembered and stored at the hunter’s domicile.

(d) Commission personnel shall be granted access to collect biological specimens and data on antlerless deer taken under the provisions of this subsection.

(e) The permittee shall submit a deer harvest report by April 1 as prescribed by the Commission.

(5) Issuance of Private Lands Deer Management Permits to landowners – Antlerless and antlered deer may be taken under permit from the executive director from the first day of the zonal deer season till the last day of the zonal deer season for not more than 128 total days (including during archery, crossbow, muzzleloading gun, and antlered deer seasons, and during any periods closed to deer hunting within this time frame) by any gun allowed for deer in Rule 68A-12.002, F.A.C., on property enrolled in the Private Lands Deer Management Permit program. Property enrolled in the program that is bisected by a zone line (permitted lands lie within multiple zones) may have one of the zonal deer seasons apply to all permitted lands as designated by the applicant. Property may be enrolled in this program in accordance with the following:

(a) Only property that meets the criteria listed in this paragraph is eligible to be enrolled in the Private Lands Deer Management Permit program.

The property identified for enrollment in an application must be at least 5,000 acres that form one contiguous piece of land; an aggregate of properties under different ownership that adjoin one another so as to form one contiguous piece of land that together satisfy the acreage requirement will be considered one property for purposes of this program if those properties are the subject of one application.
A written Wildlife Management Plan (WMP), developed or approved by a Certified Wildlife Biologist (CWB; certified by The Wildlife Society 5410 Grosvenor Lane, Suite 200, Bethesda, MD 20816) or developed through the Commission’s Landowner Assistance Program, must be provided for the property identified for enrollment in an application.
Annual recommendations for the harvest of antlered and antlerless deer that are intended to help reach the stated deer management objectives for the property shall be provided.
The annual harvest recommendations shall be developed by a CWB and be based on a deer population survey conducted on the property except as follows:

a. No deer population survey is required for approval of the harvest so long as the harvest recommendation for antlered deer does not exceed 1 deer per 150 acres and so long as the harvest recommendation for antlerless deer does not exceed 1 deer per 150 acres. Harvest recommendations provided under this exception do not need to be developed by a CWB.

b. Antlered and antlerless deer harvest recommendations may be submitted without conducting a deer population survey in the year immediately following two consecutive years of deer population surveys, and in alternate years thereafter, provided the surveyed areas and survey methodologies are comparable between surveys.

Commission approved survey standards shall be used to conduct any deer surveys required in subparagraph 4., above.

(b) The permit shall require a minimum of four (4) qualifying conservation activities (active habitat management, wildlife management or conservation-related activities for youth) annually on the property during the period it is enrolled in the program. Conservation-related activities for youth may only account for one (1) of the four (4) qualifying conservation activities required by the permit. For an application to be approved, the four (4) qualifying conservation activities combined must affect at least 10% of the permitted land.

(c) A person must be the owner of the property, the leasee of the property or otherwise have written permission from the landowner to participate in the Private Lands Deer Management Permit program. Applications for the Private Lands Deer Management Permit program shall be on such a form as prescribed by the Commission and shall include: a written description of the property boundaries; total acreage of the property; name, street or physical address, and telephone numbers for the applicant and the landowner; a signature of the landowner or legal agent of the landowner providing permission to participate in the program; and other information pertaining to the proposed activity necessary for permit issuance and enforcement of this subsection.

(d) Commission personnel shall review the application and approve or deny based on whether it is complete and includes the required proposed conservation activities. Annual harvest limits for antlered and antlerless deer shall be established by the Commission, based upon the CWB’s recommendations included in the WMP in consideration of the stated deer management objectives for the property. If the application is approved, the Commission shall enroll the property in the program and issue a permit in the name of the applicant. As a condition of issuance or renewal of the permit, the property must be managed consistent with the WMP and the conservation activities must be performed substantially as proposed.

(e) No person may harvest deer on property enrolled in the Private Lands Deer Management Permit program except as authorized under a permit issued under this subsection or under the authority of a deer depredation permit.

(f) The Commission shall furnish an identifying tag for each antlerless and antlered deer to be taken from the permitted area. Each person who takes an antlerless or antlered deer shall immediately lock the identifying tag to the carcass of the deer. Antlerless or antlered deer may not be possessed unless the identifying tag has been locked on the carcass. Each tag shall remain locked on the carcass until the deer is dismembered and stored at the hunter’s domicile.

(g) Commission personnel may access property enrolled in the Private Lands Deer Management Permit program to check for permit compliance or to collect biological specimens and data on any deer taken.

(h) The permittee shall submit a deer harvest report by April 1 as prescribed by the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-13.04, Amended 6-1-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-1-92, 7-1-93, 3-1-94, 7-1-94, 7-1-96, 10-28-97, 4-27-98, 12-28-98, Formerly 39-13.004, Amended 7-1-01, 5-13-02, 10-16-02, 7-1-05, 7-1-06, 7-1-08, 7-1-10, 1-1-11, 7-26-12, 7-1-13, 6-1-13, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 12-10-18, 7-1-19, 7-1-21, 7-1-22, 7-1-24, 7-1-25, 9-16-25, 10-29-25, 7-1-26.

Fla. Admin. Code R. 68A-13.006 Hunting on National Wildlife Refuges

Hunting shall be permitted in accordance with regulations established by the Secretary of the Interior.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-20-79, Amended 6-22-80, 6-4-81, 7-29-82, 7-27-83, 10-27-83, 8-13-84, 8-13-85, Formerly 39-13.06, Amended 8-5-86, 8-24-87, 8-18-88, 8-17-89, 8-9-90, 8-22-91, Formerly 39-13.006.

Fla. Admin. Code R. 68A-13.007 Hunting Regulations on Public Small-Game Hunting Areas

(1) Public small-game hunting areas shall be established and regulated as follows:

(a) All areas for public small-game hunting shall be posted as a wildlife management area.

(b) Specific small-game hunting areas shall be established by order of the executive director, and regulations for these specific areas that differ from the general regulations as set forth in this rule shall be established by posting on the area and through publishing in a newspaper of general circulation or through notice by broadcasting in an electronic media.

(c) Establishment and regulation will be dependent upon conditions existing for specific areas at the time when small-game hunting is allowed statewide.

(2) The general regulations for public small-game hunting areas shall be as follows:

(a) Legal game for each public small-game hunting area shall be as identified in the specific area regulations. Legal game shall be limited to small game, non-protected birds, frogs, and all legal fish, except that wild hogs may be included as legal game when necessary for management purposes, and alligators and alligator eggs and hatchlings may be established as legal to take pursuant to Rules 68A-25.031, 68A-25.032 and 68A-25.042, F.A.C.

(b) A daily use permit shall be required for hunting on any public small-game hunting area unless excepted by specific area regulations.

(c) Vehicles may be operated only on named and numbered roads and may be parked only in designated parking areas. Vehicles may not be operated on named and numbered roads designated by area regulations as closed to vehicular traffic or temporarily closed by administrative action and posting notice of such on those roads because of inclement weather, poor road conditions, construction or management activities or wildlife surveys.

(d) Dogs may be used for hunting during open seasons unless prohibited by specific area regulation. Dogs may be possessed, under physical restraint only, during any period in which the taking of wildlife by the use of dogs is prohibited.

(e) Shooting hours for ducks, geese, coots, and mourning and white-winged doves – During the shooting hours established pursuant to Rules 68A-13.003 and 68A-13.008, F.A.C., unless otherwise provided by area-specific regulation. Shooting hours for other legal game shall be provided by specific area regulation. Taking wildlife at night with a gun equipped with a thermal, night-vision, or similar device is prohibited unless otherwise provided by area-specific rule.

(f) Taking wildlife with firearms other than centerfire or muzzleloading shotguns is prohibited unless otherwise provided by specific area regulation, except bang sticks are allowed to take alligators by persons permitted to take alligators.

(g) Airboats, outboard motors larger than 10 horsepower, recreational off-highway vehicles (ROVs), swamp buggies, tracked vehicles, unregistered and unlicensed motorcycles, and all-terrain vehicles (ATVs) are prohibited unless otherwise provided by specific area regulation.

(h) Construction or use of permanent blinds or structures is prohibited.

(i) Tampering with or destruction of equipment, improvements, and water control structures is prohibited.

(j) Public access is prohibited in portions of public hunting areas that are posted as “Closed” or “Restricted.”

(k) Releasing wildlife of any species is prohibited unless authorized by permit from the executive director.

(l) Fishing and general public access are permitted as provided by specific area regulation.

(m) Camping is permitted only in designated camp sites.

(n) A management area permit as provided by Section 379.354, F.S., in addition to all regular license requirements, is required for persons to take wildlife on a Public Small Game Hunting Area, except those persons exempted by Section 379.353, F.S.; persons engaging in activities pursuant to Rule 68A-9.007, 68A-25.032 or 68A-25.042, F.A.C.; or by Order of the Executive Director.

(o) Authorized hunting equipment, defined for the purposes of this rule as ground blinds (if left unattended), treestands, and elevated shooting platforms, may be taken on the area after 8:00 a.m. one day before the opening of the hunt and must be removed from the area before 6:00 p.m. one day following the close of the hunt, unless otherwise provided by area-specific regulation.

(p) Recreational users of public small game hunting areas must obtain a Commission-issued customer identification number and permanently affix this number in a conspicuous and legible manner to all treestands, elevated shooting platforms, ground blinds, and trail cameras prior to leaving any of these items unattended on a public small game hunting area. Removing, tampering with, or otherwise interfering with any label or tag displaying a Commission-issued customer identification number on any of these items without the owner’s permission is prohibited. Commission and cooperator staff may remove any of these items at any time if they are not labeled as described herein.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-4-82, Formerly 39-13.07, Amended 7-1-89, 7-1-96, Formerly 39-13.007, Amended 4-30-00, 7-1-06, 7-1-08, 7-1-09, 7-1-23, 7-1-24, 7-1-25, 7-1-26.

Fla. Admin. Code R. 68A-13.008 Hunting Regulations for Migratory Birds Other than Ducks and Coots

The Commission has approved the following regulations and bag limits for taking crows and migratory game birds other than ducks and coots:

(1) Mourning doves and white-winged doves:

(a) Open seasons:

First phase – Opening the fourth Saturday of September and closing sunset 22 days thereafter.
Second phase – Opening the second Saturday of November and closing 22 days thereafter.
Third phase – December 19 through January 31.

(b) Shooting hours: One-half hour before sunrise until sunset.

Daily bag: 15.
Possession: 45.
The daily bag limit of doves shall be 15 mourning and white-winged doves in the aggregate.

(2) Rails and Common gallinules:

(a) Open season: September 1 through November 9.

(b) Shooting hours: One-half hour before sunrise until sunset.

Rails: Clapper and king.

a. Daily bag: 15.

b. Possession: 45, singly or in the aggregate.

Rails: Virginia and sora.

a. Daily bag: 25.

b. Possession: 75, singly or in the aggregate.

Common gallinules:

a. Daily bag: 15.

b. Possession: 45.

(3) Woodcock:

(a) Open season: December 18 through January 31.

(b) Shooting hours: One-half hour before sunrise until sunset.

Daily bag: three.
Possession: nine.

(4) Snipe:

(a) Open season: November 1 through February 15.

(b) Shooting hours: One-half hour before sunrise until sunset.

Daily bag: eight.
Possession: 24.

(5) Crow:

Open season:

(a) First phase – Opening November 11 (Veterans Day) and closing February 18.

(b) Second phase – On Saturdays and Sundays only starting the second Saturday in August through 78 days thereafter.

(6) Falconry:

(a) Migratory game birds other than ducks and coots may be taken from one-half hour before sunrise to sunset by the use of a falcon during the open season. The daily bag limit for all migratory bird species shall be three birds, singly or in the aggregate, and three days’ bag may be possessed.

(b) Open seasons:

Mourning doves and white-winged doves: The open season as specified in paragraph (1)(a) of this rule, and February 1 through February 17.
Rails: Opening September 1 and closing December 16.
Common gallinules: Opening September 1 and closing December 13.
Woodcock: Opening November 24 and closing 106 days thereafter.
Snipe: November 1 through February 15.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const.; 379.2223 FS. Law Implemented Art. IV, Sec. 9, Fla. Const.; 379.2223 FS. History–New 8-17-89, Amended 8-9-90, 8-22-91, 8-23-92, 9-2-93, 9-15-94, 9-15-96, 9-7-97, Formerly 39-13.008, Amended 7-1-01, 7-1-04, 1-9-07, 1-6-09, 7-1-10, 1-4-12, 1-23-14, 1-19-15, 7-1-18, 7-1-19, 7-1-20, 7-1-21.

Chapter 68A-14 ESTABLISHMENT ORDERS FOR DESIGNATED AREAS

Fla. Admin. Code R. 68A-14.001 Establishment Orders

Whenever the Commission establishes an area to be a wildlife management area; a wildlife and environmental area; a wildlife refuge; a bird sanctuary; a restricted hunting area; a critical wildlife area; a fish management area; or a miscellaneous area, it shall do so by an establishment order.

(1) The establishment order shall recite, at least, the following:

(a) The legal description of the area to be established.

(b) Any terms and conditions under which the area is established.

(2) An establishment order or subsequent executive order may create special regulations for an area established pursuant to this section, notwithstanding regulations for the wildlife management area, wildlife and environmental area, fish management area, public small game hunting area or miscellaneous area within which it occurs. Such regulations shall be noticed by posting on the area and by electronic media.

(3) The establishment orders shall be kept by the Commission in its headquarters office and lists of all orders establishing an area as a wildlife management area; a wildlife and environmental area; a wildlife refuge; a bird sanctuary; a restricted hunting area; a critical wildlife area; a fish management area; a Commission managed shooting range or a miscellaneous area shall be kept by the Commission in its headquarters office and shall be available to the public for inspection.

(4) Public small-game hunting areas may be established within wildlife management areas, wildlife and environmental areas, fish management areas, and public use areas pursuant to Rule 68A-13.007, F.A.C. Regulations for each public small-game hunting area so established shall supersede regulations for the wildlife management area, wildlife and environmental area, fish management area or miscellaneous area within which it occurs.

(5) No critical wildlife area shall be established without the prior concurrence in such designation by the owner of the property wherein the area will be situated.

(6) A critical wildlife area may be established by order of the Executive Director, with prior concurrence of the Chairman of the Commission, when there is an imperative need that an important aggregation of fish or wildlife be protected as quickly as possible. Critical wildlife areas shall be established in this manner for a specified period of time that shall not exceed 180 days unless extended by approval of the Commission at a regularly scheduled public meeting.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-14.01, Amended 10-28-97, 6-30-99, Formerly 39-14.001, Amended 12-20-99, 7-18-00, 5-1-03, 7-1-06, 7-1-08, 3-1-10, 10-9-12.

Fla. Admin. Code R. 68A-14.0011 Opening or Closing Areas Other Than Restricted Hunting Areas or Bird Sanctuaries; General

The Commission may establish wildlife refuges, wildlife management areas, critical wildlife areas, fish management areas, wildlife and environmental areas and miscellaneous areas and regulate and manage the lands or water therein in the best interest of the state; and in furtherance thereof:

(1) Open or close any lake, stream or river or parts thereof, any county or part of a county to the taking of wildlife or freshwater fish for the purpose of establishing, protecting, or managing wildlife or freshwater fish, and prohibit hunting, trapping or fishing within such areas.

(2) All closed waters or lands shall be posted and it shall be unlawful for any person to deface, remove or change any posters or signs placed by the Commission or its cooperating agents.

(3) Open or close any lake, stream or river or parts thereof, any county or part of a county to the taking of wildlife or freshwater fish when it is found or believed that an emergency exists where, absent such action on the part of the Commission, harm or disaster to the wildlife or fish population within the area under consideration might occur. Such opening or closing action shall become effective immediately as prescribed by emergency order adopted by the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.121 FS. History–New 6-21-82, Formerly 39-14.011, Amended 11-23-97, Formerly 39-14.0011, Amended 7-1-08, 3-1-10.

Chapter 68A-15 TYPE I WILDLIFE MANAGEMENT AREAS

Fla. Admin. Code R. 68A-15.004 General Regulations Relating to Wildlife Management Areas

(1) General prohibitions: Hunting, fishing or trapping is prohibited on any portion of any wildlife management area posted as closed to hunting, fishing or trapping. Hunting, fishing, trapping, camping or other usage related to such activity on any wildlife management area shall only be at the time and in the manner provided by the regulations for the particular wildlife management area. During a given season, all legal methods for taking fish, frogs or wildlife during the season will be allowed, unless prohibited under the rules governing a particular area. Taking furbearers or nutria with traps, snares or at night is prohibited unless allowed by an area specific rule. Taking wildlife at night with a gun equipped with a thermal, night-vision, or similar device is prohibited unless otherwise provided by area-specific rule.

(2) Permits required:

(a) A management area permit as provided by Section 379.354, F.S., in addition to all regular license requirements, is required for persons, except those exempted in subsection (3), hereof, to take wildlife on a wildlife management area.

(b) A short-term use permit or special-use permit is mandatory on those wildlife management areas where required by regulations for that area. On areas where short-term use permits (daily or multi-day permits) are authorized, holders of such permits shall possess or display a valid short-term use permit receipt in the manner specified on the receipt. Access to areas open to special-opportunity deer, wild hog (still hunt only), and wild turkey hunting is prohibited by persons not in possession of the appropriate special-opportunity hunt permit except that a non-permitted individual may accompany a permittee. While hunting or scouting, a non-permitted individual may accompany a permittee and participate in the hunt but shall not occupy a vehicle separate from the permittee or take wildlife with a gun, and shall be in the immediate vicinity (25 feet or less) of the permittee. Persons using the Florida Trail for through-hiking are exempt from the permit requirements of this paragraph.

(c) A written authorization or permit issued by the Department of Defense, in addition to licensing as required by Section 379.354, F.S., shall be required to hunt, fish or frog on any Wildlife Management Area owned by the United States of America, Department of Defense. This authorization or permit shall be displayed for inspection upon the request of any law enforcement officer.

(d) The lead managing agency or landowner of a wildlife management area may authorize persons to engage in otherwise prohibited activities not relating to the taking of fish or wildlife, to allow for access, vehicles, vessels, camping, or horses, valid only during periods closed to hunting. The landowner of a wildlife management area that requires a Recreational Use Permit (RUP) may only give such authorization to persons holding a RUP for that area. Persons so authorized must possess a copy of the authorization when engaged in such activities.

(3) Permit exceptions: Persons exempted by Section 379.353, F.S., those persons who possess a gun on Osceola, Ocala and Apalachicola Wildlife Management Areas for the exclusive purpose of shooting at a Commission authorized shooting range, persons in possession of a special-use permit; persons engaging in activities pursuant to Rule 68A-25.032 or 68A-25.042, F.A.C.; or persons hunting, fishing or frogging on lands owned by the United States of America, Department of Defense, are excepted from wildlife management area stamp requirements.

(4) Legal to hunt:

(a) Wild turkey may not be taken during any fall season in which firearms may be used unless otherwise provided for a specific area. Notwithstanding provisions in Rule 68A-13.004, F.A.C., wild turkey of either sex may be taken during muzzleloading and general gun seasons as specifically provided by area rule. During periods in which the taking of wild turkey is allowed, the daily bag limit for wild turkey shall be one per day unless otherwise provided by specific area regulation.

(b) Only species which are legal to take in the region where the wildlife management area lies, unless otherwise provided for a specific area, may be taken.

(c) During the spring turkey season, the hunting or taking of any other species of wildlife is prohibited unless otherwise provided for a specific area.

(d) Wild turkey of either sex or antlerless deer may be taken during archery seasons unless otherwise provided by specific area regulation.

(e) Antlerless deer may be taken during gun seasons only by hunters possessing valid antlerless deer permits or as otherwise provided by specific area regulation, except as provided in paragraph 68A-15.004(4)(d), F.A.C.

(f) On any wildlife management areas where an antlered deer quota is established by order, no person shall take antlered deer after the quota for antlered deer is attained.

(g) Notwithstanding the provisions in Rule 68A-24.002, F.A.C., the take of bobcat with a gun is prohibited from March 2 through March 31.

(h) Game may be taken by falconry during established statewide seasons that coincide with periods when wildlife management areas are otherwise open for public use or hunting unless prohibited by specific area regulation. Dogs may be used during falconry only during those periods when the use of dogs for hunting is permitted by specific area regulation.

(i) Wild hogs may be taken in accordance with the following provisions:

Wild hogs may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of any game mammal or any season established for the taking of wild hog only, with no size or bag limit unless otherwise provided by area specific rule.
Methods of take, other than those allowed for the taking of game during each open season, are prohibited.
During any season established for the taking of wild hog only, only legal methods of take for game are allowed unless otherwise provided by area specific rule.
Wild hogs may not be transported alive.

(j) Armadillo, black and brown rats, house mouse, nutria, and non-protected birds may be taken during any season open for the taking of game mammals or game birds with no size or bag limit unless otherwise provided by area specific rule.

(k) Shooting hours for mourning and white-winged doves shall be from one-half hour before sunrise until sunset unless otherwise provided by specific area regulation.

(5) Hunters and other recreational users:

(a) Authorized hunting equipment, defined for the purposes of this rule as ground blinds (if left unattended), treestands, and elevated shooting platforms, may be taken on the area after 8:00 a.m. one day before the opening of the hunt and must be removed from the area before 6:00 p.m. one day following the close of the hunt, unless otherwise provided by specific area regulations.

(b) Recreational users of wildlife management areas must obtain a Commission-issued customer identification number and permanently affix this number in a conspicuous and legible manner to all treestands, elevated shooting platforms, ground blinds, and trail cameras prior to leaving any of these items unattended on a wildlife management area. Removing, tampering with, or otherwise interfering with any label or tag displaying a Commission-issued customer identification number on any of these items without the owner’s permission is prohibited. Commission and cooperator staff may remove any of these items at any time if they are not labeled as described herein.

(6) Guns:

(a) Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a bow) is prohibited on any wildlife management area during the established archery season unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a muzzleloading gun) is prohibited on any wildlife management area during the established muzzleloading gun season unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a bow, crossbow, airbow, or muzzleloading gun) is prohibited on any wildlife management area during the established archery/muzzleloading gun season, unless otherwise stipulated in a regulation established for a specific area. Taking wildlife with a gun is prohibited on any wildlife management area during any season open only for the taking of furbearers or frogs unless otherwise stipulated in a regulation established for a specific area.

(b) Taking migratory birds and non-protected birds with centerfire and muzzleloading shotguns is allowed during established area seasons when one or more migratory birds are legal to take except when prohibited by specific area rule.

(c) Taking wild turkey with firearms other than centerfire and muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited except that muzzleloading rifles are not prohibited for taking wild turkey on Joe Budd and Raiford Wildlife Management Areas.

(d) Taking wild turkey with air guns other than pre-charged pneumatic air guns propelling an arrow or bolt meeting specifications outlined in Rule 68A-12.002, F.A.C., during the spring turkey season is prohibited.

(e) Methods of take for armadillo, black and brown rats, house mouse, nutria, and non-protected birds, other than those allowed for the taking of game during each open season, are prohibited.

(7) Dogs:

(a) Dogs may be used for hunting during open seasons, except if prohibited by regulations for the particular management area. The take of non-protected birds with dogs is allowed during any season when at least one species of small game is legal to take with dogs. The Executive Director or designee may issue permits to raccoon, coyote, bobcat, or fox hunting organizations that are sanctioned by the United Kennel Club, American Kennel Club, Professional Kennel Club, or similar sanctioning entity to allow raccoon, coyote, bobcat, or fox hunting during otherwise closed seasons and at times and places designated in the permit. Permits may be issued only in areas where this activity will not negatively impact wildlife, where adjoining landowner conflicts will be minimal, where cooperating landowners are in agreement with the permit conditions, and when not in conflict with other user groups.

(b) No person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited.

(c) Dogs may be possessed, under physical restraint only, during any period in which the taking of wildlife by the use of dogs is prohibited, unless otherwise prohibited by specific area rule.

(d) Dogs on leashes may be used for trailing wounded game unless otherwise prohibited under specific area regulations.

(e) No person shall take deer using the aid of dogs without a valid Commission-issued deer-dog hunting permit.

(8) Camping:

(a) On those areas where Commission camping permits are required by specific area rule, those permits will be issued by the Commission unless denial is either necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite or as appropriate based on Rule 68-1.010, F.A.C.

(b) Commission camping permit conditions will be included as necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite.

(c) Camping during periods open to hunting shall be limited to designated campgrounds except as provided by specific area rules or permit conditions for particular wildlife management areas. Camping is allowed during periods closed to hunting unless prohibited by specific area regulations or permit condition.

(d) When camping is allowed on any wildlife management area, authorized camping equipment may be taken on the area after 8:00 a.m. one day before the opening of each season and shall be removed from the area before 6:00 p.m. one day following the close of each season unless otherwise provided by specific area regulations or permit condition.

(9) Vehicles:

(a) No motor vehicle shall be operated on any part of any wildlife management area designated by area regulations as closed to vehicular traffic or temporarily closed by administrative action and posting notice of such on those areas because of inclement weather, poor road conditions, construction or management activities or wildlife surveys. The use of two-wheeled motor-powered vehicles or all-terrain vehicles is prohibited on any roads or trails not open to or used by other vehicles unless otherwise provided by specific area regulation.

(b) No person shall park any vehicle in a manner which obstructs a road, gate or firelane.

(c) Notwithstanding specific area regulations, motorcycles and mopeds that are licensed and registered to operate on public roads of the State may be operated on any road or trail open for licensed and registered vehicular traffic.

(d) Electric bicycles may be operated only on named or numbered roads. Unless otherwise prohibited by specific area rule, Class 1 electric bicycles (as defined in Section 316.003, F.S.) are exempt from this restriction and may be used pursuant to regulations relating to bicycles.

(e) If required by an area-specific rule, the Commission will issue a special-use Off-highway Vehicle (OHV) Hunting Permit, unless denial is necessary to protect natural and cultural resources, minimize conflicts among area users, maintain public safety, or is appropriate based on Rule 68-1.010, F.A.C.

(f) Commission-issued special-use OHV hunting permits will include conditions necessary to protect natural and cultural resources, minimize conflicts among area users, or maintain public safety.

(10) Grain and food: No person shall place, expose or distribute any grain or other food for wildlife on any wildlife management area except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited, provided that quail may be hunted in proximity to established game feeders.

(11) Release of animals:

(a) No person shall release any species of the animal kingdom on any wildlife management area where the Commission is the landowner or lead managing agency unless authorized by specific area regulations or written authorization from the executive director.

(b) Notwithstanding the exemptions provided in paragraph 68A-12.011(23)(b), F.A.C., and only as authorized by area-specific regulations, northern bobwhite must be purchased from a game farm licensed by the Commission or another state to be released on a wildlife management area.

(12) Plants:

(a) No person shall cut or destroy any tree on, or remove any tree, shrub, or protected plant (as designated in Section 581.185, F.S.) from, any wildlife management area without written permission from the landowner or primary land manager.

(b) No person shall remove plants, rocks, minerals, animal life, other natural resources or parts thereof where the Commission is the landowner or lead managing agency without written authorization from the Executive Director or designee in accordance with the criteria of Rule 68A-9.002, F.A.C.

(c) No person shall plant, propagate, introduce, or cause to grow any species of plant not native or indigenous to the wildlife management area on any wildlife management area where the Commission is the landowner or lead managing agency unless authorized by an approved comprehensive management plan or written authorization from the executive director.

(13) Alligators: Notwithstanding any other provision in Chapter68A-15, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife management areas in accordance with Commission order(s) and Rules 68A-25.031, 68A-25.032 and 68A-25.042, F.A.C. Guns and bait may be used for taking alligators by alligator hunt participants as specified in Rule 68A-25.042 or 68A-25.032, F.A.C., whichever is applicable, and persons taking alligators pursuant to those rules on wildlife management areas shall not be required to check in and out at a check station, or check any alligators taken. A private landowner making his lands available for use in the wildlife management area system may participate in an alligator management program on such lands in accordance with Rule 68A-25.032, F.A.C.

(14) Public access is prohibited in areas posted as “Closed to Public Access.” Such areas may be closed by posting because of resource protection, construction, management activities, public health or safety, agricultural disease, or contractual agreement.

(15) Fishing and Frogging:

(a) Fishing or frogging are permitted only during the seasons specifically established for these activities under the particular wildlife management area.

(b) Shooting frogs is permitted only during hunting seasons established for the particular wildlife management area and only with guns that are legal methods of take during each particular open hunting season.

(16) The Executive Director may authorize recreational activities, including the take of fish and wildlife, by executive order to facilitate special outdoor recreational opportunities as described in Section 589.19, F.S., to be administered by the Florida Forest Service on those wildlife management areas where the Florida Forest Service is the lead land manager.

(17) Bears: Notwithstanding any other provision in Chapter 68A-15, F.A.C., the harvest and pursuit of bear may be conducted during the season dates for each specific wildlife management area set in accordance with Commission order(s) and Rule 68A-12.012, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 379.354 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 6-9-83, 9-27-83, 7-5-84, 7-1-85, Formerly 39-15.04, Amended 5-7-86, 5-10-87, 4-13-88, 8-18-88, 4-19-90, 4-4-91, 4-14-92, 10-22-92, 7-26-94, 11-6-94, 3-30-95, 10-23-95, 9-15-96, 6-1-97, 7-1-98, 12-28-98, 4-15-99, Formerly 39-15.004, Amended 7-1-00, 6-2-02, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10, 1-1-11, 5-2-12, 4-9-13, 7-1-14, 7-1-15, 7-1-16, 7-1-18, 7-1-19, 9-13-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-17-25, 7-1-26, 7-31-26.

Fla. Admin. Code R. 68A-15.005 Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits

(1) At times specified in paragraph (1)(a), a quota permit or special-opportunity permit, in addition to other required licenses and permits shall be required for any person while hunting on land owned, leased or managed by the Commission.

(a) The maximum number of quota and special-opportunity permits shall be established by order of the Executive Director. Estimated game density, estimated carrying capacity of available habitat and management objectives will be considered in determining the number of quota permits to be issued.

(b) Permits shall be in the hunter’s possession and shall be displayed upon request by any Commission employee.

(c) A positive form of identification is required when using a nontransferable permit, except for youth less than 16 years of age.

(d) No person shall sell, purchase or offer to purchase any quota permit, guest permit, special-opportunity permit, or antlerless deer permit.

(2) Quota Permits – Quota permits shall be issued for the following hunt types as described below and as designated by order of the Executive Director. A quota permit holder (or exempt hunter for hunts that allow quota permit exemptions) may take the bag limit of wildlife during the hunt designated on the quota permit as established by Commission rule.

(a) Quota Hunt Types:

General Gun
Archery
Muzzleloading Gun
Wild Hog
Youth
Family
Spring Turkey
Track
Airboat
Mobility-impaired
Quail
Youth Turkey Hunt

(b) Quota Permit Exemptions.

Those persons exempt from license or permit requirements by Section 379.353(1) and (2)(a), (c) or (o), F.S., are also exempt from obtaining a quota permit for all hunts except those designated as “no exemptions” in the Executive Order as specified in subsection (1).
When a youth under 16 years of age participates in a hunt that allows exempt hunters to hunt without a permit, the supervisor, required by Section 790.22, F.S., may be a non-hunting supervisor without a quota permit.
One person 18 years of age or older acting as a supervisor, as required by Section 790.22, F.S., who does not have a quota permit, may accompany a youth under 16 who holds a valid quota permit, and may take wildlife but must share the bag limit of a single person with the accompanying hunter.
On those hunts specified as “no exemptions,” one youth under 16 years of age who does not have a quota permit may accompany a person 18 years of age or older who holds a valid quota permit and participate in the hunt but must share the bag limit of a single person with the accompanying hunter.
One person 21 years of age or older acting as a supervisor as required by Section 379.3581(2)(b), F.S., who does not have a quota permit may accompany a mentor license holder who holds a valid quota permit and may take wildlife but must share the bag limit of a single person with the accompanying hunter.
One mentor license holder who does not have a quota permit may accompany a quota permit holder 21 years of age or older and may participate in the hunt but must share the bag limit of a single person with the accompanying hunter.
Persons exempt from obtaining a quota permit for a hunt that allows exemptions may bring an assistant or supervisor that may participate in the hunt, provided the assistant or supervisor has required licenses and permits (except for a quota permit) and shall not take wildlife with a gun.

Quota permits shall be nontransferable, except that permits issued for Holton Creek WMA and the general gun permits issued for Blackwater Dog Hunt Area may be transferred, subject to the following restrictions:

a. Transferable quota permits issued to a disabled hunter may only be transferred to another disabled hunter.

b. Transferable quota permits issued to a youth under 16 years of age may only be transferred to another youth under 16 years of age.

c. Transferable quota permits issued to a person 65 years of age or older may only be transferred to another person 65 years of age or older or to a youth under 16 years of age.

d. General gun-dog permits for Blackwater WMA may not be transferred from residents to nonresidents.

Quota permits issued to track vehicles and airboats are nontransferable and only valid for the vehicle or vessel designated on the permit except as provided by specific area regulations.

(d) Guest Permits, Guest Hunters, and Assistants.

Applicants issued a quota permit for nontransferable archery, muzzleloading gun, general gun, wild hog, mobility-impaired or spring turkey quota hunts may complete a FWC guest permit and take a guest hunter, provided that:

a. Only one guest permit may be used by each quota permit holder or exempt hunter (pursuant to subparagraph 68A-15.005(2)(d)5., F.A.C.) per day of the hunt.

b. Guest permits shall be nontransferable.

c. A guest permit must be completed for each guest hunter that participates in the hunt.

On areas where zone tags are required, the guest hunter must hunt in the same zone as the quota permit holder or exempt hunter (pursuant to subparagraph 68A-15.005(2)(d)5., F.A.C.).
Persons who obtain a daily permit at a check station shall not be eligible to take guest hunters.
Quota permit holders or exempt hunters (pursuant to subparagraph 68A-15.005(2)(d)5., F.A.C.) may only bring one additional person as a guest hunter at any time.
On those hunts that allow quota permit exemptions, only exempt hunters who possess a valid Alternative Mobility Permit or Mobility-Impaired Certification Card may bring a guest hunter. Exempt hunters participating in a hunt that allows quota permit exemptions are not considered to be a quota permit holder’s guest hunter at any time.
A completed guest permit shall be in the guest hunter’s possession, except youth under 16 years of age, a youth supervisor, mentor license holders, and supervisors for mentor license holders are not required to possess a guest permit.
All guest hunters must enter and exit the area with the quota permit holder or exempt hunter, share the same vehicle as the quota permit holder or exempt hunter, and cannot hunt on the area unless the quota permit holder or exempt hunter is present on the area (exempt hunters in this subparagraph are those referenced in subparagraph 68A-15.005(2)(d)5., F.A.C.).
The guests and quota permit holder or exempt hunter must share a single bag limit of deer, quail or wild turkey, as specified under area specific rules. The quota permit holder or exempt hunter shall be responsible for both parties complying with the bag limit (exempt hunters in this subparagraph are those referenced in subparagraph 68A-15.005(2)(d)5., F.A.C.).
On all mobility-impaired hunts, one unlicensed assistant may accompany a mobility-impaired hunter with a valid quota permit and participate in the hunt, provided the assistant may not take wildlife with a gun, unless otherwise provided by area-specific regulation. The assistant is in addition to one guest permit holder as specified in this rule.
Unless otherwise provided by area-specific rule, on those hunts specified as family hunts, one or two youth per quota permit, under 16 years of age but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S., under the supervision and in the presence of the quota permit holder, who must be at least 18 years of age; the quota permit holder may only hunt when in the presence of at least one youth under 16 years of age but not younger than 8 years of age; and each hunter may take a daily bag limit but no additional hunters are allowed.
On all quota hunts, one assistant with the required license and permits (except for a quota permit) may accompany a quota permit or guest permit holder and participate in the hunt, provided the respective quota or guest hunter possesses a valid Alternative Mobility Permit, Mobility-Impaired Certification Card, or Persons with Disabilities Hunting and Fishing License. The assistant may not take wildlife with a gun, unless otherwise provided by area-specific regulation.

(e) Application, Selection, and Issuance of Quota Permits; Application for Preference only.

Applicant Requirements.

a. All applicants, unless exempt from license or permit requirements by subsection 379.353(1) or paragraph 379.353(2)(a), (c), or (n) F.S., must have a valid Management Area Permit, or a license or permit that includes a Management Area Permit, in order to apply for a quota permit.

b. Applicants for Track and Airboat Quota permits must also provide proof of a current track vehicle registration or airboat vessel registration.

c. Applicants for the Youth Quota Hunts must be at least eight years old by the first day of the earliest hunt date and less than 16 years old on the last day of the latest hunt date that they apply for.

d. Applicants for the Mobility-impaired Quota Hunts must be certified mobility-impaired as established by Rule 68A-9.008, F.A.C.

e. Applicants for the Family Quota Hunts must be at least eighteen years old by the first day of the earliest hunt date for which they apply.

f. Applicants for the Youth Turkey Hunt must be less than 16 years old on the last day of the latest hunt date that they apply for.

Phase I – Application; Selection; Issuance.

a. Selection Process – Quota permits for each hunt type shall be selected by random drawing from the applications submitted during the Phase I application period based on the highest number of accumulated preference points.

b. For a given quota hunt type, applications may be submitted for specific hunts or a preference point. All applicants not issued a quota permit in Phase I, including those who apply for a preference point only, shall receive one preference point annually for that specific quota hunt type. Preference points shall accumulate by quota hunt type.

c. The ranking of a group application shall be based on the member of the group with the lowest number of preference points.

d. Applicants who were awarded a nontransferable quota permit in Phase I may return the permit to the Commission’s Office of Licensing and Permitting for re-issuance and to have preference points re-instated if applicable. In order to have the original preference points re-instated, the returned permit must be received at least 10 days prior to the first hunt date listed on the permit. Individuals who return a quota permit they obtained in Phase I are prohibited from applying for a permit for that same hunt in Phase IV reissues.

e. Applicants who fail to apply during the Phase I application period for five consecutive years will forfeit all preference points for that quota hunt type.

f. Only one application may be submitted per applicant for each quota hunt type during Phase I, except that airboat and track applicants may submit an application for each track or airboat registered to the applicant.

g. Only one quota permit may be issued per applicant during Phase I for each quota hunt type.

h. An applicant that receives a track quota permit during Phase I is not eligible to receive an airboat quota permit during Phase I.

i. No more than ten percent of the spring turkey quota permits for each specific hunt will be issued to non-residents, provided that at least one permit for each specific hunt may be available to non-residents in the event that the ten percent calculation results in a number less than one.

Phase II – Application; Selection; Issuance.

a. Selection Process – Quota permits remaining un-issued after the Phase I random drawing will be issued by random drawing during Phase II.

b. An applicant that is issued a quota permit in Phase I cannot apply for the same quota hunt type in Phase II, except mobility-impaired.

c. Only one application per applicant may be submitted and only one quota permit per applicant may be issued for each quota hunt type during Phase II.

d. An applicant that is issued a track quota permit in Phase I or II is not eligible to receive an airboat quota permit during Phase II.

e. Nontransferable quota permits issued in Phase II and returned to the Commission’s Office of Licensing and Permitting at least 10 days prior to the first hunt date listed on the permit shall be reissued.

Phase III – Application; Selection; Issuance.

a. Quota permits, remaining un-issued after Phase II will be issued on a first-come, first-served basis during Phase III.

b. No applicant shall be eligible to receive more than one quota permit per hunt number per annual hunting season, including permits that were issued during phases I and II.

c. Applicants shall be limited to five (5) quota permits per quota hunt type per annual hunting season, including permits issued in Phase I and Phase II.

d. Nontransferable quota permits issued in Phase III and returned to the Commission’s Office of Licensing and Permitting at least 10 days prior to the first hunt date listed on the permit shall be reissued.

Phase IV – Re-issuance of Quota permits – quota permits returned to the Commission at least 10 days prior to the first hunt date listed on the permit will be re-issued by random drawing held on a weekly basis. Returned quota permits that remain unissued following each weekly random drawing will be re-issued on a first-come, first-serve basis. Re-issued quota permits that are returned to the Commission’s Office of Licensing and Permitting at least 10 days prior to the first hunt date listed on the permit will also be reissued using the same process described herein. No applicant is eligible to receive more than one quota permit per hunt number per annual hunting season, including permits that were issued during phases I, II, and III. Applicants are limited to five (5) quota permits per quota hunt type per annual hunting season, including permits issued in phases I, II, and III.

(3) Special-Opportunity Permits: Special-opportunity permits shall be issued for the following hunt types as described below and as designated by order of the Executive Director. A special-opportunity permit holder may participate in the designated hunt and take the bag limit of wildlife as established by Commission rule.

(a) Special-Opportunity Hunt Types.

Fall
Hog
Spring Turkey
Quail
Dove Club
Daily Dove

(b) Exemptions.

No person is exempt from paying the non-refundable, special-opportunity application fees.
Persons with a lifetime hunting or lifetime sportsmen’s license issued prior to July 1, 1998 are exempt from paying the special-opportunity permit fees.

Special-opportunity permits shall be transferable from residents to residents, from nonresidents to residents, and from nonresidents to nonresidents only, except that dove club permits are nontransferable. Special-opportunity permits issued to persons exempt from paying the special opportunity permit fees, as specified in subparagraph (3)(b)2., shall be transferable only to another person that is exempt from paying special-opportunity permit fees.

(d) Application for, selection of, and issuance of special-opportunity Permits.

Special-Opportunity permits for fall hunts, hog hunts, quail hunts and spring turkey hunts shall be issued by a random drawing from applications submitted during the application period.
Special-Opportunity permit fees for applicants chosen in the random drawing must be paid by the deadline indicated on the invoice. Selected applicants who fail to pay the fees by the deadline forfeit their permit to the next applicant selected for that specific hunt.
Applicants may submit more than one application for each special-opportunity hunt.
Permits will be limited to one special-opportunity permit per person, per hunt.
No more than ten percent of the Special-Opportunity permits for each specific hunt shall be issued to non-residents provided that at least one permit may be available to non-residents in the event that the ten percent calculation results in a number less than one.

(4) Antlerless deer permits.

(a) Antlerless deer permits may be issued for specified hunts by order of the Executive Director. Estimated deer density, estimated carrying capacity of available habitat and management objectives will be considered in determining the number of antlerless deer permits to be issued.

(b) An antlerless deer permit allows the harvest of one (1) antlerless deer in accordance with the rules and regulations of the Commission.

(d) Antlerless deer permits shall be transferable.

(e) Application, selection, and issuance of antlerless deer permits.

Antlerless deer permits for quota hunts will be issued by random drawing from applications submitted during the Phase I application period from those applicants that indicated they wanted to be included in the antlerless deer drawing and were, unless exempt, awarded a quota permit for a hunt approved for antlerless deer permits.
Antlerless deer permits for special-opportunity and recreational use areas will be issued by random drawing from applicants who purchased a special-opportunity permit or recreational use permit for a hunt approved for antlerless deer permits.

(5) Replacement Permits.

(a) A replacement permit may be issued to the holder of a nontransferable permit following loss, destruction or non-receipt of mail.

(b) A replacement permit may be issued to the holder of a transferable permit following loss, destruction or non-receipt of mail upon submission of a written statement to the Office of Licensing and Permitting, attesting to the circumstances leading to the loss or destruction of the original permit. No person shall be eligible for more than one replacement transferable permit per season, per hunt type.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-22-80, 12-29-80, 6-4-81, 8-4-81, 6-21-82, 7-29-82, 7-1-83, 7-5-84, 7-1-85, 9-19-85, Formerly 39-15.05, Amended 5-7-86, 6-10-86, 5-10-87, 6-8-87, 10-8-87, 4-13-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 3-30-95, 6-20-95, 8-15-95, 4-1-96, 6-27-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 11-23-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 5-13-99, Formerly 39-15.005, Amended 12-9-99, 4-30-00, 7-1-01, 8-1-01, 11-1-01, 5-13-02, 10-16-02, 5-1-03, 7-1-03, 9-29-03, 7-1-04, 7-2-04, 8-1-04, 5-1-05, 5-1-06, 6-1-06, 5-1-07, 7-1-08, 5-1-09, 6-1-10, 8-25-10, 7-1-11, 4-9-13, 7-29-15, 7-1-17, 7-1-23, 7-1-24, 5-1-25, 6-15-26.

Fla. Admin. Code R. 68A-15.006 Regulations Relating to Miscellaneous Areas

(1) The Commission may establish specific regulations for miscellaneous areas to regulate and manage the lands or waters therein in the best interest of the state.

(2) Kissimmee River Public Use Area.

(a) Open season:

Non-migratory game – Zonal seasons established under Rule 68A-13.004, F.A.C., except that open season for rabbit and gray squirrel shall be from the second Saturday in October through the first Sunday in March only and crossbow season shall be the last 5 days of the zonal crossbow season only.
Migratory birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C.
Furbearers – Statewide regulations established under Rule 68A-24.002, F.A.C., during the zonal antlered deer season only, except bobcat and otter may be taken only after November 30.
Wild hog – Opening the last Wednesday of April and closing 4 days thereafter and reopening the fourth Friday of May and closing 4 days thereafter.
Fishing and frogging – Permitted throughout the year.

(b) Legal to take: All legal game, furbearers, fish, and frogs. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken only during the archery season in that portion of the area north of State Road 70 and during the last nine days of archery season in that portion of the areas south of State Road 70. Notwithstanding the gray squirrel and quail seasons established by subparagraph (2)(a)1. above, gray squirrel and quail may be taken during the general gun season established for this area. Bag and possession limits and shooting hours shall be those established under Rules 68A-13.003, 68A-13.004 and 68A-13.008, F.A.C., except that the daily bag limit for wild turkey shall be one per day.

Taking wildlife with guns shall be prohibited in the marshes and uplands except during the period beginning on the opening day of rail season established in Rule 68A-13.008, F.A.C., and ending on the closing day of spring turkey season established in Rule 68A-13.004, F.A.C. Taking wildlife with centerfire rifles is prohibited. The marshes shall be those lands outside the Kissimmee River channel, the C-38 canal, and the Istokpoga canal. In posted archery/muzzleloading gun areas, only bows may be used to take wildlife during the zonal archery season, only muzzleloading guns may be used to take wildlife during the zonal muzzleloading gun season, only bows may be used to take wildlife during the antlered deer season, and only bows and muzzleloading guns may be used to take wildlife during other established seasons. The take of wildlife with guns shall be prohibited in the marshes and uplands in the northern portion of Bluff Hammock lying in the west 1/2 of Section 26 and the east 1/2 of Section 27, Township 34 South, Range 31 East, which are posted as closed to hunting or fishing.
Shooting frogs shall be permitted only during hunting seasons established for this area and only with guns that are legal methods of take during each particular open hunting season.
All public use shall be prohibited in those areas posted as closed to afford protection to biologically sensitive resources or sites, protection of archeological or cultural resources, or for public safety reasons. Hunting shall be prohibited within 300 yards of any active construction site.
The use of airboats is prohibited in those areas posted as closed to airboat use.
Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.
Wild hog may be taken in accordance with the following provisions:

a. Wild hog may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or any season established for the taking of wild hog only, with no size or bag limit.

b. Methods of take, other than those allowed for the taking of game mammals during each open season, are prohibited.

c. Wild hog may not be transported alive.

Taking wild turkey with firearms other than centerfire or muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.
Electric bicycles may be operated only on named or numbered roads. Unless otherwise prohibited by specific area rule, Class 1 electric bicycles (as defined in Section 316.003, F.S.) are exempt from this restriction and may be used pursuant to regulations relating to bicycles.
No person shall take deer using the aid of dogs without a valid Commission-issued deer-dog hunting permit.
The regulations contained in Rule 68A-15.004, F.A.C., not in conflict with specific area regulations, shall apply to this area.

(3) Babcock Ranch Preserve.

(a) Open season (in the Tier I hunt area):

Archery – Opening 49 days prior the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Saturdays, Sundays, Mondays and Tuesdays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing two days thereafter.
Family – Opening the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 90 days later and closing 1 day thereafter.
General gun for mobility-impaired – Opening 77 days after the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter, reopening 68 days later and closing 2 days therafter (Saturdays, Sundays, and Mondays only).
Small game – Opening 112 days after the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, reopening 13 days later and closing 1 day thereafter (Saturdays and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only).
Fishing and frogging – Prohibited.
Trapping – Prohibited.

(b) The following are the only species of wildlife legal to take within the Tier I hunt area: All legal game (except quail) and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, family and general gun for mobility-impaired hunts the bag limit for deer shall be two deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person, but no more than two per quota permit during the muzzleloading gun and general gun hunts. One gobbler (or bearded turkey) per person, but no more than two per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.

Hunting with dogs is prohibited except bird dogs may be used during the small game season.
Vehicles shall not be parked further than 25 feet from designated roads or parking areas.
The use of tracked vehicles, airboats, all-terrain vehicles, unlicensed and unregistered motorcycles and swamp buggies is prohibited, except that all-terrain vehicles (ATVs), recreational off-highway vehicles (ROVs) and golf carts may be used during the general gun for mobility-impaired season by certified mobility-impaired hunters.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the area and check all harvested wildlife taken.
Vehicles must be operated on named or numbered roads, except ATVs, ROVs and golf carts during the mobility-impaired hunt.
During periods when the check station is staffed, no deer or turkey shall be dismembered until checked at the check station.
Hunters shall enter and exit the area at the designated entrance only.
During periods open to hunting, access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset.
Scouting is allowed one day prior to each hunt from 8:00 a.m. to sunset by individuals in possession of a valid quota permit for that hunt, except during spring turkey when scouting is allowed one day prior to each hunt from 1.5 hours before sunrise until 1.5 hours after sunset, and guest hunters and assistants may accompany them. There are no scout days for small game season.
During the mobility-impaired general gun hunt, access is restricted to certified mobility-impaired hunters with quota hunt permits, a non-hunting assistant and one guest permit holder who may also participate in the hunt, but must share the bag limit. All mobility-impaired hunt participants are required to attend a pre-hunt orientation meeting.
The regulations contained in Rules 68A-15.004 and 68A-15.005, F.A.C., not in conflict with specific area regulations, shall apply to this area.
Public access during the open seasons described in paragraph (a), is limited to those persons participating in the hunt, except that during the family hunt each quota permit will allow for 1 or 2 youth hunters, a supervising adult hunter, and 1 additional supervisor that may participate in the hunt to assist the youth hunters but may not harvest game, and except as provided by the Florida Forest Service.
Public access and use not relating to the take of fish and wildlife is regulated by the Florida Forest Service.
The Tier I hunt area is that portion of the property located east of Brown’s Farm Grade; south of Tram Road; east of Cut-off Road; and north of Oil Well Grade.
Taking wildlife with centerfire rifles is prohibited during small game season.

(d) Regulations controlling activities in the Tier II hunt areas:

Public access and use, except for the take of fish and wildlife, shall be regulated by the Florida Forest Service, except the Commission may authorize activities within designated Tier II hunt areas.
A written authorization or permit issued by the Commission, in addition to all regular permitting and licensing requirements, shall be required to take fish or wildlife within the designated Tier II hunting areas. These authorizations and permits shall be displayed for inspection upon the request of any law enforcement officer.
Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except as provided by authorization from the Commission.
The take of wild turkey is prohibited except during the archery season, crossbow season, muzzleloading gun season, that portion of the general gun season that overlaps with Zone A fall turkey season, and spring turkey season.
The take of antlerless deer during the zonal antlerless deer season, crossbow season, muzzleloading gun season, that portion of the general gun season that overlaps with Zone A fall turkey season, is prohibited except by antlerless deer tag.
The use of tracked vehicles, airboats, off-highway vehicles (OHVs), and swamp buggies is prohibited, except as authorized by the Florida Forest Service or the Commission.
Vehicles shall be operated only on designated roads, parking areas, or other areas established and specifically identified by the Florida Forest Service, except as authorized by the Florida Forest Service or Commission.
The take of wildlife with dogs is prohibited, except bird dogs and retrievers may be used to take small game and non-protected birds.
Dogs may be possessed, under physical restraint only, during any period in which the taking of wildlife by the use of dogs is prohibited.
Taking wild turkey with firearms other than centerfire and muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.
The use of a light in a manner capable of disclosing the presence of wildlife from one hour after sunset until one hour before sunrise is prohibited, except as authorized by the Commission.
Trapping is prohibited, except as authorized by permit issued pursuant to Division 68A, F.A.C.
Electric bicycles may be operated only on named or numbered roads. Unless otherwise prohibited by specific area rule, Class 1 electric bicycles (as defined in Section 316.003, F.S.) are exempt from this restriction and may be used pursuant to regulations relating to bicycles.
Notwithstanding the gray squirrel and quail seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken during the antlered deer season established for this area.
Access to any portion of the Babcock Ranch Preserve, including other Tier II areas, is prohibited, except as provided in subsection 68A-15.006(3). Permittees and participants shall enter and exit at their designated access route and proceed directly to their permitted area.
The regulations contained in Rule 68A-15.004, F.A.C., not in conflict with specific area regulations, shall apply to this area.

(e) Regulations controlling activities outside the Tier I and Tier II hunt areas.

Public access and use, except for the take of fish and wildlife, shall be regulated by the Florida Forest Service.
A written authorization or permit issued by the Commission, except as provided by subparagraph 3., in addition to all regular permitting and licensing requirements, shall be required to take fish or wildlife. These authorizations and permits shall be displayed for inspection upon the request of any law enforcement officer.
The Florida Forest Service may authorize the take of fish or wildlife consistent with Section 589.19(4), F.S., provided these authorizations shall not be more liberal than those found in Title 68 and Division 68A, F.A.C.

(f) The Commission may authorize or permit public access and use for the purpose of taking fish and wildlife, throughout the area.

(4) Kissimmee Chain of Lakes Area.

(a) Open season:

Non-migratory game – During Zonal seasons established under Rule 68A-13.004, F.A.C., except deer and turkey shall only be taken during those seasons established for Zone B and crossbow season shall be the last 5 days of the Zone B crossbow season only and gray squirrel may be taken year-round.
Migratory birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C.
Trapping – During the antlered deer season established for Zone B only.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, furbearers (except bobcat and otter, and only during the antlered deer season established for Zone B), fish and frogs. The take of deer is prohibited in the East and West Shore Units. The take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The take of beardless hen wild turkey is prohibited. The daily bag limit for wild turkey shall be one per day.

Taking wildlife with centerfire rifles is prohibited on the Northwest Shore, East Shore, West Shore and Drasdo Units.
Taking deer and furbearers with dogs is prohibited.
Dogs on leashes may be used for trailing wounded game.
Shooting frogs shall be allowed only during hunting seasons established for this area and only with guns that are legal methods of take during each open hunting season.
The use of airboats is prohibited in those areas posted as closed to airboat use.
Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.
Wild hog may be taken in accordance with the following provisions:

a. Wild hog may be taken throughout the year with no size or bag limit.

b. Wild hog may only be taken with a gun from one-half hour before sunrise to one-half hour after sunset. Wild hog may not be taken with a gun at night.

c. Wild hog may not be transported alive.

A South Florida Water Management District permit is required to access that portion of the Rough Island Unit posted as “SFWMD Permit Required.”
Hunting or fishing is prohibited on any portion of the area posted as closed to hunting or fishing.
Erecting or maintaining treestands more than ten days before the start of archery season or more than ten days after the end of spring turkey season is prohibited.
Taking wild turkey with firearms other than centerfire and muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.
Electric bicycles may be operated only on named or numbered roads. Unless otherwise prohibited by specific area rule, Class 1 electric bicycles (as defined in Section 316.003, F.S.) are exempt from this restriction and may be used pursuant to regulations relating to bicycles.
The regulations contained in Rule 68A-15.004, F.A.C., not in conflict with specific area regulations, shall apply to this area.

(5) Tenoroc Public Use Area.

(a) Open season: Fish – on days and lakes as provided by Rule 68A-20.005, F.A.C., and alligators as specified in Rule 68A-25.042, F.A.C.

(b) Legal to take: Fish as specified in Rule 68A-20.005, F.A.C., and alligator by persons participating in the statewide alligator trapping, permitting, taking and sale program as specified in Rule 68A-25.042, F.A.C.

(d) General regulations:

No person shall park any vehicle or trailer in a manner which obstructs a boat ramp.
All persons shall enter and exit at a designated entrance.
Dates and hours of public access and vehicle access shall be as established by order of the Executive Director.
Notwithstanding other provisions of this subsection, the Commission may allow activities to facilitate Commission-sponsored programs.
Public access and/or vehicle access may be prohibited or limited on areas or portions thereof that are temporarily closed by administrative action to facilitate Commission-sponsored activities or authorized special events. To the extent circumstances permit, public notice of such closures shall be afforded through the FWC website, media and in-the-field postings. The closure shall not exceed 14 days unless approved by the Executive Director.
The use of tracked vehicles, all-terrain vehicles, unlicensed and unregistered motorcycles and swamp buggies is prohibited.
Vehicles shall only be operated on named or numbered roads.
Vehicles shall not be parked further than 25 feet from designated roads or parking areas.
Bicycles and horses shall only be ridden on roads open for vehicle traffic or trails designated for that use.
The regulations contained in Rules 68A-15.004 and 68A-15.005, F.A.C., not in conflict with specific area regulations, shall apply to this area.

(6) Kissimmee Chain of Lakes Area – Rolling Meadows Unit.

(a) Open season:

Non-migratory game – During Zonal seasons established under Rule 68A-13.004, F.A.C., except deer and turkey shall only be taken during those seasons established for Zone B and crossbow season shall be the last 5 days of the Zone B crossbow season only and gray squirrel may be taken year-round.
Migratory birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C.
Furbearers – During the antlered deer season established for Zone B only.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, furbearers (except bobcat and otter), fish and frogs. The take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The take of beardless hen wild turkey is prohibited. The daily bag limit for wild turkey shall be one per day.

Taking deer and furbearers with dogs is prohibited.
Dogs on leashes may be used for trailing wounded game.
Shooting frogs shall be allowed only during hunting seasons established for this area and only with guns that are legal methods of take during each open hunting season.
Motorized vehicles and vessels are prohibited.
Taking wildlife is prohibited on, from or across the levees.
Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.
No person shall place, expose or distribute any grain or other food for wildlife except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited.
Wild hog may be taken in accordance with the following provisions:

a. Wild hog may be taken throughout the year with no size or bag limit.

b. Wild hog may only be taken with a gun from one-half hour before sunrise to one-half hour after sunset. Wild hog may not be taken with a gun at night.

c. Wild hog may not be transported alive.

The regulations contained in Rules 68A-15.004, F.A.C., not in conflict with specific area regulations, shall apply to this area.
Erecting or maintaining treestands more than ten days before the start of archery season or more than ten days after the end of spring turkey season is prohibited.
Fires are prohibited.
Tampering with or destruction of equipment, improvements, and water control structures is prohibited.
Construction or use of permanent blinds or structures is prohibited.
Releasing wildlife of any species is prohibited unless authorized by permit from the Executive Director.

History

Rulemaking Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. History–New 12-9-99, Amended 5-13-02, 5-1-03, 5-23-04, 7-1-06, 7-1-08, 7-1-09, 7-1-10, 11-9-10, 7-1-11, 7-1-12, 8-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 7-1-18, 7-1-19, 7-1-20, 9-13-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 7-1-26.

Fla. Admin. Code R. 68A-15.061 Specific Regulations for Wildlife Management Areas – Southwest Region

(1) Green Swamp Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Archery – Opening 36 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 30 days thereafter, Fridays, Saturdays and Sundays only and Thanksgiving Day.
Small game – Opening the day after the last day of general gun season and closing the the first Sunday in March, Saturdays and Sundays only.
Wild hog-dog – Opening 65 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Youth turkey hunt - During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed during periods in which hunting is allowed; and Saturdays and Sundays beginning the first Saturday in May and closing 43 days thereafter. Fishing and frogging are allowed at all other times provided that access is by foot only.

(c) Camping: Allowed by permit only and only within the designated campsites at the Rock Ridge Road and 471 campgrounds. Camping is allowed at both campgrounds during archery, general gun, wild hog, small game, youth turkey hunt and spring turkey seasons. Camping is allowed only at the Rock Ridge Road campground during the fishing and frogging season. Camping permits are non-transferable. Camping along the Green Swamp Hiking Trail (Florida Trail) is prohibited except by written permission from the Southwest Florida Water Management District. Refrigerators and freezers, unless contained in mobile campers, are prohibited. Lumber, sheet metal or other building materials is prohibited. The alteration, defacing, moving or tampering in any way with official markings of campsites is prohibited. The use or operation of electrical generators powered by an internal combustion engine is prohibited within the campgrounds from 10:00 p.m. until 4:00 a.m. A legible copy of the camping permit or the permittee’s name and permit number must be visibly affixed to camping shelters. Camping equipment must be removed by 8:00 p.m. on the last date listed on the camping permit, except for days between archery and general gun. Only tents, trailers or self-propelled camping vehicles may be used for camping. A valid management area permit as provided by Section 379.354, F.S. is required for persons to obtain a camping permit, except those persons exempt under Section 379.353, F.S. An issued camping permit will be invalidated if the permitted camp site is not occupied by a tent, trailer or self-propelled camping vehicle with the issued camping permit attached.

(d) General regulations:

During periods when the check station is staffed, hunters shall check in and out at a check station when entering and exiting the area and shall check all wildlife harvested except during the wild hog-dog and small game seasons.
During periods when the check station is staffed, no deer or wild hog shall be dismembered until checked at a designated check station except wild hog during the wild hog-dog and small game seasons.
Hunters may enter or exit the area at designated entrances only. During periods when the check station is staffed, hunters may enter or exit the area only during hours in which check stations are in operation except during the wild hog-dog and small game seasons.
Hunting with dogs (other than bird dogs) is prohibited, except any dog may be used during the small game season to take small game and during the wild hog-dog season to take wild hogs. The take of wild hog with dogs is prohibited except during the wild hog-dog season. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
Vehicles may be operated from 1.5 hours before sunrise until 1.5 hours after sunset during established open seasons, except during the designated fishing and frogging season when vehicles may be operated during daylight hours only. Vehicles may be operated after 8:00 a.m. until 1.5 hours after sunset one day prior to each archery hunt, general gun season, youth turkey hunt and spring turkey season for scouting. Vehicle access to the designated campsites is allowed at any time after 8 a.m. one day prior to archery hunts, general gun season, youth turkey hunt and spring turkey season until 1.5 hours after sunset on the last day of the hunt or season, after 4:00 p.m. on Wednesday until 1.5 hours after sunset on Sunday during wild hog-dog season, and after 4:00 p.m. on Friday until 1.5 hours after sunset on Sunday during the small game and fishing and frogging seasons. Motorized vehicles may be operated only on named or numbered roads, except Stanley Fish Hole, Orange Lake and Tillman Lake roads shall be open only during the designated fishing and frogging season. Bicycles may be operated only on named or numbered roads and designated bicycle trails. During the designated fishing and frogging season Tanic Grade, Powder Grade and Levee Road north of Main Grade will be closed to vehicle traffic.
Tracked vehicles, airboats, all-terrain vehicles, horses and unlicensed and unregistered motorcycles are prohibited.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., or dogs may be taken on the area after 8:00 a.m. one day before the opening of a season and shall be removed from the area on the last day of each season.
The possession or consumption of intoxicating beverages is prohibited.
During periods outside of established permitted camping periods, camping equipment, defined as any item or structure intended for or capable of providing overnight shelter, accommodation, or extended occupancy, is prohibited on the area, except by written permission from the Southwest Florida Water Management District.

(2) Green Swamp Wildlife Management Area – West Unit.

(a) Open season:

Wild hog-still – Opening 56 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Wild hog-dog – Opening 45 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family small game – Opening the second Saturday in November and closing 2 days thereafter.
Special-opportunity archery – Opening the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter.
Special-opportunity general gun – Opening the first Thursday in January and closing 3 days thereafter, reopening the third Thursday in January and closing 3 days thereafter, reopening the first Thursday in February and closing 3 days thereafter.
Special-opportunity turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 6 days later and closing 3 days thereafter, reopening 2 days later and closing 3 days thereafter, reopening 6 days later and closing 3 days thereafter, reopening 2 days later and closing 3 days thereafter.
Small game – Opening 76 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Turkey may be taken only during the special-opportunity turkey hunts and only from one-half hour before sunrise until 1 p.m. One gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit. One antlered deer may be taken per special-opportunity deer permit. Antlerless deer may be taken by antlerless deer permit only. Taking of antlered deer not having at least one antler with four or more points is prohibited. Only wild hog may be taken during the wild hog-dog season.

(c) Camping: Camping is allowed at designated campsites during hunting season and at other times by permit from the Southwest Florida Water Management District. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers are prohibited. Lumber, sheet metal or other building materials are prohibited. Each camper shall ensure that their campsite is clean at all times. The alteration, defacing, moving or tampering in any way with official markings of campsites is prohibited. The use or operation of electrical generators powered by an internal combustion engine is prohibited within the campgrounds from 10:00 p.m. until 4:00 a.m. During open hunting seasons, a valid management area permit as provided by Section 379.354, F.S. is required for persons to camp on the area, except those persons exempt under Section 379.353, F.S.

(d) General regulations:

During periods when the check station is staffed, hunters must enter and exit the area at the designated entrance and register at the hunt headquarters.
Vehicles may be operated only on named or numbered roads. Horses and bicycles may be ridden only on designated trails.
The use of tracked vehicles, airboats, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited. The use of horses is prohibited during periods open for hunting, except during wild hog-still and small game seasons.
During periods when the check station is staffed, no harvested wildlife shall be dismembered until checked at the hunt headquarters.
Individuals in possession of a special-opportunity permit or quota permit shall have vehicle access to the area from sunrise to sunset on the day preceding the hunt, except special-opportunity spring turkey permit holders shall have vehicle access to the area 1 1/2 hours before sunrise until 1 1/2 hours after sunset on the day preceding the hunt.
Taking wildlife with centerfire or muzzleloading shotguns is prohibited during the special-opportunity archery hunts.
The use of dogs is prohibited except that dogs may be used during the small game season and family small game season to take small game and during the wild hog-dog season to take wild hogs. The take of wild hog with dogs is prohibited except during the wild hog-dog season. During the wild hog-dog season, no more than three free-running dogs per quota permit shall be allowed. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt.
During periods open for hunting, motorized vehicles may only be operated by persons participating in the hunt.

(3) Fred C. Babcock/Cecil M. Webb Wildlife Management Area.

(a) Open season:

Archery – Opening 7 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter.
Bird dog training – Bird dogs may be trained in the bird dog training area opening the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 148 days thereafter and bird dogs may be trained in the remainder of the area during the small game season except the field trial and Boy Scout areas.
Muzzleloading gun – Opening 7 days after the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 49 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening the day after the last day of general gun season and continuing 13 days thereafter, reopening 3 days later and closing 46 days thereafter (Wednesdays, Thursdays, Saturdays and Sundays only).
Field trial quail – Opening 126 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Raccoon and opossum – During the month of February.
Fishing and Frogging – Year-round.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season the take of turkey is prohibited. After the first two days of archery season, the take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Wild hog may only be taken during archery, muzzleloading gun and general gun seasons with a limit of one per quota permit or one per exempt hunter each season. Quail shall be taken by daily quail or field trial quail quota permit only with a bag limit of 6 per day. During the raccoon and opossum season, only raccoon and opossum are legal to take.

(d) General regulations:

During periods when the check station is staffed, hunters shall check in and out at a check station when entering and exiting the area and shall check all harvested wildlife, except during the raccoon and opossum season.
All persons shall enter and exit the area at a designated entrance.
Public access is allowed only from one and one-half hours before sunrise until one and one-half hours after sunset, provided public access to the designated campground is allowed at any time camping is allowed and public access is allowed at any time during the raccoon and opossum season. Public access is allowed from 5:00 a.m. to 9:00 p.m. during the archery and muzzleloading gun seasons and from 5:00 a.m. to 8:00 p.m. during the general gun and small game seasons.
The use of all-terrain vehicles, airboats or unlicensed and unregistered motorcycles is prohibited.
Taking wildlife with dogs during the archery season, muzzleloading gun season and general gun season is prohibited.
During periods closed to hunting and the raccoon and opossum season, motorized vehicles may be operated only on named or numbered roads in the bird dog training area lying south of the northern boundaries of Sections 19, 20 and 21, Township 41S, Range 24E and west of the first north-south fence line east of the Seaboard Grade. The operation of vehicles is prohibited in Sections 13, 14, 23 and 24, Township 42S, Range 24E and the west 1/2 of Section 19, Township 42S, Range 25E.
Vehicles shall be operated on named or numbered roads only, except during the bird dog training, general gun and small game seasons. During the bird dog training, general gun and small game seasons, licensed and registered motorcycles may be operated on named and numbered roads only.
Vehicular access for scouting shall be allowed one week prior to the archery season and the day before the muzzleloading gun and general gun seasons on named and numbered roads only.
During the small game and field trial quail seasons, centerfire shotguns used to take wildlife shall be plugged to a three-shell capacity with a one-piece filler that cannot be removed without disassembling the gun.
Taking wildlife with a gun is prohibited during bird dog training season while training bird dogs within the bird dog training area.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken on the area beginning one week prior to the archery season.
The take of quail within the field trial and Boy Scout areas is prohibited, except persons authorized to participate in the field trial quail hunt may take quail within the field trial area.
During the archery, muzzleloading gun, general gun, and Wednesdays and Thursdays of small game seasons, hunting is allowed within the field trial and Boy Scout areas provided the take of quail is prohibited and access shall be on foot (pedestrian) only. Access within the Walk-in-Areas shall be on foot (pedestrian) only.
During the small game season only persons in possession of a daily quail permit shall kill or be in possession of quail. Daily quail permits will be issued on Wednesdays and Saturdays only, beginning the first Saturday following Thanksgiving Day and may continue up to 39 days thereafter. Quail shall be taken by daily quail permit within the zone assigned on the daily quail permit only.
The season quota for daily quail permits and the specific procedures for issuing the permits shall be as established by Order of the Executive Director or his designee. The season quota for daily quail permits will be adjusted each year, as necessary so as not to exceed a harvest of 15% of the estimated population. Quotas for daily quail permits will be based on estimates of population levels relative to a 15% harvest rate and daily hunter success rates. Procedures for issuing daily quail permits will be established in the Order of the Executive Director and will result in distributing quail hunting pressure as evenly as possible among the daily quail permit zones.
Daily quail permits are non-transferable, valid the day of issuance only, limited to no more than one daily quail permit per person per day, and not subject to exemptions, except that one person younger than 16 years of age may accompany a person older than 18 years of age who holds a daily quail permit and may participate in the hunt provided that both hunters must share a single daily bag limit of quail.
During the raccoon and opossum season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C. is allowed.
During the field trial quail season, a quota permit shall allow a hunting group of two persons to participate in the hunt provided the daily bag limit shall be shared.
Taking wildlife with centerfire rifles is prohibited during small game season.

(4) Fred C. Babcock/Cecil M. Webb Wildlife Management Area – Yucca Pens Unit.

(a) Open season:

Muzzleloading gun – Opening 27 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 42 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening 3 days after the last day of general gun season and closing 60 days thereafter (Wednesdays, Thursdays, Saturdays and Sundays only and the Friday after Thanksgiving Day).
Raccoon and opossum – During the months of February and March.
Fishing and frogging – Year-round.

(d) General regulations:

All persons shall enter and exit the area at a designated entrance.
During periods when the check station is staffed, all hunters shall check in and out at the designated check station when entering or exiting the area and check all harvested wildlife, except during small game season when hunters shall use the Babcock/Webb check station and during the raccoon and opossum season when checking is not required.
Public access is allowed only from 1.5 hours before sunrise until 1.5 hours after sunset, except during the raccoon and opossum season when public access is allowed at any time.
The use of all-terrain vehicles, airboats or unlicensed and unregistered motorcycles is prohibited.
Hunting with dogs during the muzzleloading gun and general gun season is prohibited. The take of wildlife with dogs is prohibited, except when taking small game during the small game season or raccoon and opossum during the raccoon and opossum season when any dog may be used. The take of wild hogs with dogs is prohibited. The take of coyotes with dogs is prohibited.
Motorized vehicular access is allowed only from 1.5 hours before sunrise until 1.5 hours after sunset, except during the raccoon and opossum season when vehicle access is allowed at any time.
Motorized vehicles may be operated only on named and numbered roads.
Horses are allowed on named or numbered roads and designated trails only.
Authorized hunting equipment shall be allowed on the area per paragraph 68A-15.004(5)(a), F.A.C., except equipment may also be taken on the area beginning the Saturday prior to the opening of muzzleloading gun and general gun seasons.
During the raccoon and opossum season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
During the raccoon and opossum season, coyotes may be taken only with guns and only from one-half hour before sunrise and one-half hour after sunset.

(5) Upper Hillsborough Wildlife Management Area.

(a) Open season:

Wild hog-dog – Opening 25 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery – Opening the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Saturdays and Sundays only), reopening 20 days later and closing 8 days thereafter (Saturdays and Sundays only).
Muzzleloading gun – Opening 42 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter (Saturdays and Sundays only).
Small game – Opening 6 days after the last day of muzzleloading gun season and closing 22 days thereafter (Saturdays and Sundays only).
Spring turkey – Opening 4 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter (Wednesdays and Thursdays only).
Fishing and frogging – Allowed year-round.

(c) Camping: Prohibited except at the designated campsite from 8:00 a.m. one day prior to each archery, muzzleloading gun and spring turkey hunt until 8:00 p.m. on the last day of each hunt; from 3:00 p.m. one day prior to each wild hog-dog and small game hunt until 8:00 p.m. on the last day of each hunt; or by written permission from the Southwest Florida Water Management District. Only tents, trailers or self-propelled camping vehicles may be used for camping. Camping equipment is prohibited on the area except during periods when camping is allowed. The use or operation of electrical generators powered by an internal combustion engine is prohibited within the campground from 10:00 p.m. until 5:00 a.m. During open hunting periods, a valid management area permit as provided by Section 379.354, F.S. is required for persons to camp on the area, except those persons exempt under Section 379.353, F.S.

(d) General regulations:

During periods when the check station is staffed, no deer, turkey or wild hog may be dismembered until checked at a designated check station except during the wild hog-dog and small game seasons.
During periosd when the check station is staffed, each day hunters shall check in prior to hunting and out when finished hunting at a check station when entering and exiting the area and shall check all harvested wildlife except during the wild hog-dog and small game seasons.
All hunters shall enter and exit the area at a designated entrance on County Road 54.
Tracked vehicles, airboats, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited.
Horses are prohibited during periods when hunting is allowed, but are permitted at other times with written permission from the Southwest Florida Water Management District.
Motor vehicles may be operated between the designated entrance and the designated campsite anytime camping is allowed. Motor vehicles may be operated beyond the designated camp sites from 8:00 a.m. until 5:00 p.m. one day prior to each archery, muzzleloading gun and spring turkey hunt. During hunts, motor vehicles may be operated beyond the designated camp sites only during hours that the check station is in operation, except during the small game and wild hog-dog seasons when motor vehicles may only be operated beyond the designated camp sites from 5:00 a.m. until 8:00 p.m.
Motorized vehicles may be operated only on named or numbered roads.
Bicycles may be operated only on named or numbered roads or designated bicycle trails.
During periods not open for hunting or camping, public access other than on foot (pedestrian) or by bicycle is prohibited.
Hunting with dogs other than bird dogs is prohibited except that dogs may be used during the wild hog-dog season and any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited except during the wild hog-dog season. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
In addition to the provisions of Rule 68A-15.004, F.A.C., hunting equipment is prohibited on the area except during periods when camping is allowed.
During the small game season, wildlife may be taken only with centerfire and muzzleloading shotguns, except gray squirrel and rabbit may be taken with air guns. During the wild hog-dog season wildlife may be taken only with centerfire and muzzleloading shotguns and centerfire handguns.

(6) Arbuckle Wildlife Management Area.

(a) Open season:

Archery – Opening 21 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 20 days thereafter.
Muzzleloading gun – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening 63 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, reopening 20 days later and closing 1 day thereafter.
Youth turkey hunt - During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 3 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Fishing – Allowed year-round.

(b) Legal to take: All legal game (except turkeys shall be legal to take only during the youth turkey hunt and spring turkey season), furbearers and fish. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Deer bag limit – one per day. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. During the youth turkey hunt, one gobbler (or bearded turkey) may be taken per quota permit.

(c) Camping: Permitted, except as authorized by the Florida Forest Service. Only tents, trailers or self-propelled camping vehicles may be used for camping.

(d) General regulations:

During periods when the check station is staffed, hunters shall check in and out at the check station and shall check all wildlife harvested. Hunters shall enter and exit only at designated entrances.
During periods when the check station is staffed, no deer or turkey shall be dismembered until checked at the check station.
The taking of wildlife with dogs is prohibited, except small game may be taken with bird dogs and retrievers and any dog may be used to take small game during small game season.
Vehicles may be operated only on named or numbered roads. Horses are prohibited during periods when the area is open to hunting. During periods closed to hunting, horses may be ridden but only on firebreaks, named or numbered roads or designated horse trails.
The use of all-terrain vehicles, tracked vehicles, or airboats is prohibited.
No person shall operate a boat propelled by an internal combustion engine.
In addition to the provisions of Rule 68A-15.004, F.A.C., hunting equipment shall be allowed on the area 14 days prior to the first hunt allowing the take of deer and shall be removed by 7 days after the end of the last hunt allowing the take of deer.
Taking wildlife with centerfire rifles is prohibited during small game season.

(7) KICCO Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, Saturdays and Sundays only.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Saturdays and Sundays only).
Wild hog-still – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, (Saturdays and Sundays only) reopening the last Wednesday of April and closing 4 days thereafter and reopening the fourth Friday of May and closing 4 days thereafter.
Small game – Opening 42 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 36 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, Saturdays and Sundays only.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Fishing, frogging and other recreational use – Allowed year-round.

(b) Legal to take: All legal game, fish, frogs, and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. One turkey may be taken per archery quota permit. During the wild hog-still season, only wild hog may be taken.

(c) Camping: Prohibited except by persons possessing a special-use license issued by the South Florida Water Management District.

(d) General regulations:

Vehicle access is prohibited except by persons that have obtained an authorization from the South Florida Water Management District. Vehicles shall be operated only on named or numbered roads and must be parked in designated parking areas or within 25 feet of a named or numbered road. The use of tracked vehicles, airboats, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited. Horses are prohibited except by written permission from the South Florida Water Management District.
Except as authorized by the South Florida Water Management District, fires are prohibited.
Taking wildlife with centerfire rifles is prohibited.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited.
All persons shall enter and exit the area at a designated entrance or via the Kissimmee River.

(8) Hickory Hammock Wildlife Management Area.

(a) Open season:

Wild hog-still – Opening the last Wednesday of April and closing 4 days thereafter and reopening the fourth Friday of May and closing 4 days thereafter.
Archery – Opening 22 days prior to the first day of of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter; reopening 2 days later and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 9 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter, reopening 57 days later and closing the first Sunday in March.
General gun for mobility-impaired – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Migratory game birds – During the migratory game bird seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Spring turkey – Opening 5 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken during archery and general gun for mobility-impaired seasons. During the muzzleloading gun and general gun seasons the bag limit for antlered deer shall be one per quota permit. During the archery and general gun for mobility-impaired seasons the bag limit for deer shall be one antlered and one antlerless deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired season. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. Only wild hog may be taken during the wild hog-still season. During the first fourteen (14) days of small game season the take of wild hog is prohibited.

(c) Camping: Permitted by persons possessing a special-use license issued by the South Florida Water Management District.

(d) General regulations:

Taking wildlife with centerfire rifles is prohibited.
Hunting with dogs is prohibited except any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
Vehicle access is prohibited except by persons that have obtained an authorization from the South Florida Water Management District. Vehicles shall be operated only on named or numbered roads and must be parked in designated parking areas or within 25 feet of a named or numbered road.
The use of tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited, except that all-terrain vehicles may be used only by certified mobility-impaired hunters and only during the general gun for mobility-impaired season and from 8:00 a.m. until sunset one day prior to the season.
During the mobility-impaired general gun season, certified mobility-impaired hunters with quota permits, a non-hunting assistant and one guest, as authorized by Rule 68A-15.005, F.A.C., may participate in the hunt, but must share the bag limit.

(9) Walk-in-the-Water Wildlife Management Area.

(a) Open season:

Archery – Opening 35 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, reopening l day later and closing 3 days thereafter, reopening 1 day later and closing 2 days thereafter, reopening 1 day later and closing 3 days thereafter, reopening 1 day later and closing 2 days thereafter.
Muzzleloading gun – Opening 28 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and and closing 1 day thereafter, reopening l day later and closing 3 days thereafter, reopening 1 day later and closing 2 days thereafter.
Wild hog-still – Opening 70 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening 91 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 13 days later and closing the first Sunday in March.
Spring turkey – Opening 10 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing – Allowed throughout the year.

(b) Legal to take: All legal game, furbearers and fish. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season the bag limit for deer shall be one deer per person, but not more than two quota permit. During the muzzleloading gun season the bag limit for deer shall be one antlered deer per person, but not more than two per quota permit. During the wild hog-still season only wild hog may be taken. The take of turkey is prohibited during the archery season. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(c) Camping: Prohibited, except as authorized by the Florida Forest Service. Only tents, trailers or self-propelled camping vehicles may be used for camping.

(d) General regulations:

The use of dogs, other than bird dogs and retrievers is prohibited, except any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited.
Motorized vehicles may be operated only on named or numbered roads.
All vehicles shall be parked in designated parking areas.
The use of all-terrain vehicles, tracked vehicles or airboats is prohibited.
The use of horses is prohibited during the archery, muzzleloading gun, and wild hog-still seasons. At other times, horses may be ridden but only on firebreaks, named or numbered roads or designated horse trails.
All persons shall enter and exit only at designated entrances.
In addition to the provisions of Rule 68A-15.004, F.A.C., hunting equipment shall be allowed on the area 14 days prior to the first hunt allowing the take of deer and shall be removed by 7 days after the end of the last hunt allowing the take of deer.
Taking wildlife with centerfire rifles is prohibited during small game season.

(10) Hilochee Wildlife Management Area.

(a) Open season:

Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 6 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Muzzleloading gun – Opening 76 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Wild hog-still – Opening 15 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Small game – Opening 20 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 23 days thereafter.
Archery – Opening 69 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General Gun – Opening 83 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing – Permitted only on Peat Lake, Little Peat Lake, Hidden Lake, Stock Lake, and Turtle Pond and only by those in possession of a Hilochee Fishing Permit. The possession of nets (except dip nets), fish traps, trotlines, set lines, minnow seines, cast nets, or bush hooks is prohibited. Fishing is allowed on Saturdays and Sundays only and during daylight hours only. Twenty fishing permits shall be available for each weekend. Permits shall be nontransferable with no exemptions.
Raccoon – Opening the first Thursday in August and closing 52 days thereafter (from 1.5 hours before sunset on Thursday until 1.5 hours after sunrise on Sunday).

(b) Legal to take: All legal game, fish (as provided below), and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset. During the wild hog-still season, only wild hog may be taken. No person shall kill or possess any largemouth bass from Peat Lake, Little Peat Lake, Stock Lake, Hidden Lake, and Turtle Pond. No person shall take, in any one day, more than 20 bluegill, 10 black crappie, or 6 catfish. No person shall kill or possess any bluegill less than 8 inches total length or black crappie less than 10 inches total length. During the raccoon season, only raccoon and opossum may be taken.

(d) General regulations:

All users shall enter and exit the area through designated entrances.
Hunting with dogs other than bird dogs and retrievers is prohibited, except any dog may be used when taking small game during small game season or during the raccoon season. The take of wild hog with dogs is prohibited.
Motorized vehicles may be operated only on named or numbered roads and shall be parked in designated parking areas or within 25 feet of a named or numbered road.
The use of tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.
Horses are allowed on named or numbered roads and designated trails only.
During periods when the area is closed to hunting, public access other than by foot, bicycle, or horse is prohibited, except that motorized vehicles shall be allowed one day prior to the archery, muzzleloading gun, general gun, wild hog-still, and spring turkey hunts, and by individuals in possession of a valid fishing permit. Persons participating in the raccoon season may operate motorized vehicles from 1.5 hours before sunset on Thursday until 1.5 hours after sunset on Sunday.
Operation of any boat propelled by an internal combustion engine is prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except persons participating in the raccoon season may have access from 1.5 hours before sunset on Thursday until 1.5 hours after sunset on Sunday.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. All individuals participating must enter through the Riddick Grove Road entrance.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or fishing on area lakes and ponds.

(11) Lake Marion Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
General gun – Opening 48 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Small game – Opening 27 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays and Sundays only).
Wild hog-still – Opening 6 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Fishing – Allowed throughout the year.

(b) Legal to take: All legal game, fish and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. One antlered deer may be taken per quota permit. No more than one antlerless deer may be taken per quota permit during the archery season. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. Only wild hog may be taken during the wild hog-still season.

(c) Camping: Prohibited during hunting seasons. Permitted at other times by individuals in possession of a special-use license issued by the South Florida Water Management District.

(d) General regulations:

The use of tracked vehicles, airboats, horses, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.
Public access other than by foot or bicycle is prohibited, except by persons that have obtained an authorization from the South Florida Water Management District. Vehicles shall be operated only on named or numbered roads and shall be parked in designated parking areas or within 25 feet of a named or numbered road.
Entry into or exit from the area at locations other than designated entrances is prohibited.
Hunting with dogs other than bird dogs and retrievers is prohibited, except any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.

(12) Avon Park Air Force Range Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior the the first day of Zone C antlered deer season established in Rule 68A-13.004, F.A.C., and closing 29 days thereafter in areas and during days specified by the Installation Commander or a designee.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established in Rule 68A-13.004, F.A.C., and closing 13 days thereafter in areas and during days specified by the Installation Commander or a designee.
General gun – Opening the first day of Zone C antlered deer season established in Rule 68A-13.004, F.A.C., and closing 78 days thereafter in areas and during days specified by the Installation Commander or a designee.
Small game – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March, in areas and during days specified by the Installation Commander or a designee.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander or a designee.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander or a designee.
Antlerless deer – Opening the Saturday prior to Thanksgiving Day and closing 6 days thereafter in areas and during days specified by the Installation Commander or a designee.
Fishing and frogging – During periods when hunting is allowed and at other times specified by the Installation Commander or a designee.
Wild hog (still and dog hunts) – In areas and during days specified by the Installation Commander or a designee.

(b) Legal to take: All legal game, fish, frogs, turtles, and furbearers. Antlered deer, wild hog, and quail may be taken only during days specified by the Installation Commander or a designee. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age in those areas and during those days as specified by the Installation Commander or a designee. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until 1 p.m. or as specified by the Installation Commander or a designee.

(d) General regulations:

Hunters and individuals accompanying hunters must wear a minimum of 500 square inches of daylight fluorescent orange material above the waist as an outer garment when in any hunt area during muzzleloading gun, general gun, wild hog or small game seasons, except those hunting waterfowl in Morgan Hole Creek, Kissimmee Marsh or Arbuckle Marsh. Persons within the passenger compartment of a vehicle are not required to wear the fluorescent orange material.
The use of centerfire rifles for taking wildlife is prohibited, unless authorized by the Installation Commander or a designee.
Centerfire or muzzleloading shotguns are prohibited for taking wildlife during the archery season.
Hunting with or possession of dogs is prohibited in areas designated by the Installation Commander or a designee.
During the limited entry quota hunts, hunting in the selected dog-hunt areas is restricted to hunters using dogs, unless hunting waterfowl in Morgan Hole Creek, Kissimmee Marsh or Arbuckle Marsh.
Running of dogs after sunset and before sunrise is prohibited, unless authorized by the Installation Commander or a designee.
Vehicles may be operated only on roads designated by the Installation Commander or a designee. No person shall operate a vehicle off of named or numbered roads, except hunters with bird dogs in the designated vehicle-bird dog areas during the small game season or as authorized by the Installation Commander or a designee.
The use of vehicles is prohibited between 10:00 p.m. and 4:30 a.m. except on Frostproof, Smith Old Bravo and Kissimmee roads. When authorized by the Installation Commander or a designee, these restrictions shall not apply.
Hunters shall sign in and out and check all game taken at the Outdoor Recreation Office.
Hunters may enter and exit the area only at entry points designated by the Installation Commander or a designee.
Use of all-terrain vehicles and airboats is prohibited, unless authorized by the Installation Commander or a designee.
Public access is prohibited in areas designated as “Closed” by the Installation Commander or a designee.
Hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed in areas and during days specified by the Installation Commander or a designee.
During wild hog-dog hunts, legal hunting hours shall be during times specified by the Installation Commander or a designee. When authorized by the Installation Commander or a designee, wild hog may be taken during wild hog-dog hunts at night by the aid of a light with a firearm provided that no wild hog shall be shot until bayed by dogs. The hunting of wild hogs under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
In addition to the provisions of Rule 68A-15.004, F.A.C., hunting equipment is prohibited except from 8:00 a.m. 7 days prior to the first day of archery season until 6:00 p.m. 7 days after the close of any hunt season, or as authorized by the Installation Commander or a designee.

(13) Croom Wildlife Management Area.

(a) Open season:

Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the the first Sunday in March.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 8 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Fox, raccoon and bobcat – Opening 40 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the second Sunday of March. Hunting is allowed from 5:00 p.m. Thursday to sunrise Sunday with dogs only. Taking wildlife with guns is prohibited during this season.
Fishing and frogging – Throughout year.
Duck, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.

(b) Legal to take: All legal game, fish, frogs and furbearers. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. During the muzzleloading gun season, the take of antlerless deer shall be by antlerless deer permit only. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age.

(d) General regulations:

Hunting with dogs is prohibited during the muzzleloading gun and general gun seasons. Any dog may be used for taking small game during the small game season. Dogs used during the fox, raccoon and bobcat season are only allowed in the portion of the area south of Croom road, bounded on the east by Croom-Rital Road to its juncture with the boundary fence of the Croom Motorcycle Area located in Sections 17, 18, 19, 30, 31 and those parts of Sections 7 and 8 lying south of the old railroad right-of-way, Township 22 South, Range 21 East, and thence bounded by said boundary fence. Taking wildlife with dogs is prohibited in the Croom Motorcycle Area.
The take of wild hogs with dogs is prohibited.
Motorcycles and all-terrain vehicles may be operated off roads in Sections 17, 18, 19, 30, 31 and those parts of Sections 7 and 8 lying south of the old railroad right-of-way, Township 22 South, Range 21 East (Croom Motorcycle Area) only. Operation of motorcycles and all-terrain vehicles in this area is permitted throughout the year but all such vehicles shall be permitted by the Florida Forest Service. Vehicles may be operated only on named or numbered roads in that portion of the area lying outside the Croom Motorcycle Area, but such vehicles must be properly licensed under Chapter 320, F.S., or otherwise legal to operate on public roads.
Horses may be ridden only on named or numbered roads or on designated horse trails.
Taking wildlife with firearms or dogs is prohibited at all times in Sections 17, 18, 19, 30, 31 and those parts of Sections 7 and 8 lying south of the old railroad right-of-way, Township 22 South, Range 21 East.
During the first nine days of general gun season and the entire spring turkey and muzzleloading gun seasons, all harvested wildlife shall be checked at the check station, and no turkey or deer shall be dismembered until checked at the check station, during periods when the check station is staffed.
Taking wildlife with guns is prohibited on the Withlacoochee State Trail.
Taking wildlife with centerfire rifles is prohibited during small game season.

(14) Chassahowitzka Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the the first day of Zone C antlered deer season established in Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Wild hog-dog – Opening 12 days after the last day of general gun season and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Migratory game birds – During the migratory game bird seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C., except waterfowl and coot may be taken on Wednesdays, Saturdays and Sundays only.
Fishing, frogging and other recreational use – Allowed year-round.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 6 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Raccoon – Opening 89 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter, reopening the first Thursday in May and closing 24 days thereafter (from 1.5 hours before sunset on Thursday until 1.5 hours after sunrise on Sunday).

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter). During the archery season, the take of antlerless deer shall be by antlerless deer permit only. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. Only wild hog may be taken during the wild hog-dog season. Waterfowl and coot may be taken on Wednesdays, Saturdays and Sundays only. During the raccoon season, only raccoon and opossum may be taken.

(c) Camping: Prohibited, except primitive overnight camping is allowed at a designated site on Ryle Creek by persons paddling Segment 7/Nature Coast segment of the Florida Circumnavigational Saltwater Paddling Trail. Paddlers must obtain a permit from the Commission and have the permit in their possession while camping.

(d) General regulations:

Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except for registered SCUBA divers and during periods open to hunting.
In addition to the provisions of Rule 68A-15.004, F.A.C., hunting equipment may be taken onto the area after 8:00 a.m. 7 days prior to the first day of each season and shall be removed by 6:00 p.m. 7 days after the last day of each season.
Hunting with dogs other than retrievers or bird dogs is prohibited west of the Main grade, on the U.S. Fish and Wildlife Service portion of the property. Hunting with dogs other than retrievers or bird dogs is prohibited in Zone C, except during the wild hog-dog season. Dogs with a shoulder height greater than 17 inches are prohibited in that portion of the area lying east of the Main grade and Zone C, except during the wild hog-dog and raccoon seasons when dogs are allowed east of Main Grade.
Fires are prohibited.
Waterfowl hunting from permanent blinds or structures is prohibited.
Decoys and boats must be removed from the management area daily.
Vehicles shall be operated only on named or numbered roads.
All persons shall enter and exit only at designated entrances. During periods when the check station is staffed, hunters shall check in and out at a check station and check all harvested wildlife during the archery, muzzleloading gun, general gun, wild hog and spring turkey seasons.
The use of tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.
That portion of the area east of US Highway 19 shall be open for small game hunting and spring turkey season only.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt.
The take of wild hog with the aid of dogs is prohibited, except no more than three free-running dogs per quota permit may be used during the wild hog-dog season in that portion of the area east of Main Grade and west of US Hwy. 19.
Horses are allowed on named or numbered roads and designated trails only. Bicycles are allowed on named or numbered roads and designated trails only, except during periods open for hunting and 7 days prior to each hunt when bicycles are allowed throughout the area.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.

(e) SCUBA diving on Chassahowitzka Wildlife Management Area is prohibited, except as otherwise provided in this paragraph.

SCUBA diving is allowed only by persons 18 years of age or older, after completion of the no-cost “Chassahowitzka WMA SCUBA Diving Registration” with the Commission, prior to SCUBA diving, accessed at https://public.myfwc.com/CrossDOI/PermitMe. CHASS-1, a document encompassing the content of the registration entitled “Chassahowitzka SCUBA Registration Instructions” (Dated December 2017), is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09597, or from the Commission, at The Southwest Regional Office, 3900 Drane Field Road, Lakeland, Florida 33811-1207.
SCUBA Divers are required to present an electronic or paper copy of proof of registration and government issued identification upon request by the Commission.
Completion of the Chassahowitzka SCUBA diver registration does not eliminate the Chassahowitzka daily use permit fee requirement.

(15) Hilochee Wildlife Management Area – Osprey Unit.

(a) Open season:

Family hunt – Opening 22 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Wild hog-still – Opening 8 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Wild hog-dog – Opening 6 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 26 days later and closing 2 days thereafter.
Small game – Opening 37 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 20 days thereafter.
Archery – Opening 69 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Muzzleloading gun – Opening 76 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 27 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
General gun – Opening 83 days after the first day of the Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing – Allowed year-round.

(b) Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer shall be one antlered deer per person, but not more than two per quota permit. The take of antlerless deer is prohibited during the archery season. The take of deer is prohibited during the family hunt. Only wild hog may be taken during the wild hog seasons. Turkey may be taken during the spring turkey season only. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. No person shall kill or possess any largemouth bass. No person shall take, in any one day, more than 20 bluegill, 10 black crappie, or 6 catfish. No person shall kill or possess any bluegill less than 8 inches total length or black crappie less than 10 inches total length.

(d) General regulations:

Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except during the small game season.
All persons shall enter and exit the area through a designated entrance.
The use of airboats, outboard motors larger than 10 horsepower, tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.
Horses are prohibited during wild hog-dog hunts. At other times, horses are allowed on named or numbered roads and designated trails only.
During periods when the area is closed to hunting, public access other than by foot, bicycle, or horse is prohibited, except motorized vehicles shall be allowed one day prior to all hunts except small game by persons participating in the hunt. During small game season, motorized vehicle access is allowed from 1.5 hours before sunrise on the first day of the season until 1.5 hours after sunset on the last day of the season.
Motorized vehicles shall be operated only on named or numbered roads and shall be parked in designated parking areas or within 25 feet of a named or numbered road. Motorized vehicles shall enter and exit the area only at the designated entrance located at the intersection of C. R. 557 and Robert L. Tanner Grade.
During periods open for hunting, motorized vehicles shall only be operated by persons participating in the hunt, except during the small game season.
The use of dogs, other than bird dogs, is prohibited except that any dog may be used during the wild hog-dog season and during the small game season to take small game. No more than 3 free-running dogs per quota permit shall be used during the wild hog-dog season.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt.
The possession of nets (except dip nets), fish traps, trotlines, set lines, minnow seines, cast nets, or bush hooks is prohibited.
The take of wild hog with dogs is prohibited during the small game season.
During the small game season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or fishing on area lakes and ponds.

(16) Weekiwachee Wildlife Management Area.

(a) Open season:

Archery – Opening 21 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 5 days thereafter, reopening 23 days later and closing 5 days thereafter, reopening 23 days later and closing 5 days thereafter, reopening 30 days later and closing 5 days thereafter, reopening 23 days later and closing 5 days thereafter.
Fishing and frogging – Allowed year round.

(d) General regulations:

During periods open for hunting, public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise. During periods closed to hunting, public access is allowed during daylight hours only.
All persons shall enter and exit the area through a designated entrance.
The use of airboats, tracked vehicles, swamp buggies, all-terrain vehicles, horses or unlicensed and unregistered motorcycles is prohibited.
Bicycles may be ridden only on established roads and firelines.
Motorized vehicles are prohibited except in designated parking areas.
Hunting with dogs is prohibited.
Fires are prohibited.
Taking wildlife with a centerfire or muzzleloading shotgun is prohibited during archery season.

(17) Lower Hillsborough Wildlife Management Area.

(a) Open season:

Family hunt – Opening 6 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 33 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Family small game – Opening 5 days after the last day of the family hunt season and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter (Fridays, Saturdays and Sundays only).
Youth turkey hunt – Opening 6 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Fishing and frogging – Allowed year round.

(c) Camping: Prohibited except by permit from Southwest Florida Water Management District. During open hunting seasons, a valid management area permit as provided by Section 379.354, F.S. is required for persons to camp on the area, except those persons exempt under Section 379.353, F.S.

(d) General regulations:

During periods open for hunting, public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except in the designated camping area. During periods closed to hunting, public access is allowed during daylight hours only, except in the designated camping area.
All persons shall enter and exit the area through a designated entrance.
The use of airboats, tracked vehicles, swamp buggies, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.
Motorized vehicles are prohibited except in designated parking areas and persons with a camping permit may drive directly to the designated camping area.
Hunting with dogs is prohibited.
Fires are prohibited except in the designated camping area.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.

(18) Everglades Headwaters Wildlife Management Area – Arbuckle Unit.

The regulations contained in subsection 68A-15.061(6), F.A.C., not in conflict with specific area regulations, shall apply to this area.

(19) Everglades Headwaters National Wildlife Refuge Wildlife Management Area – Hatchineha Unit.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 15 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening 20 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 48 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 3 days thereafter.
Small game – Opening 6 days after the last day of general gun season and closing 25 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 5 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 4 days thereafter.
Fishing and frogging – Allowed year round.

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer shall be two deer, only one of which can be antlerless per quota permit. During the muzzleloading gun, general gun and family hunt seasons, the bag limit for deer shall be two antlered deer per quota permit. The take of beardless hen wild turkey is prohibited. During the spring turkey seasons, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(d) General regulations:

All persons shall enter and exit the area only at a designated entrance.
Public access is allowed year round except, during nighttime hours (one-half hour after sunset until one-half hour before sunrise) when only individuals authorized to participate in a hunt may access the area during periods open to hunting; and during the family hunt and youth turkey hunt when one non-hunting guest per quota permit may also access the area.
Vehicular access is prohibited, except vehicles may only be operated on named or numbered roads and only by persons participating in a hunt during archery, muzzleloading gun, general gun, family hunt, small game and spring turkey seasons and three days prior to and three days after each of these seasons. At all other times, public access other than by foot, horseback or bicycle is prohibited. Bicycles may be operated only on named or numbered roads, bicycle trails and designated multi-use trails.
The use of airboats, swamp buggies, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
Shooting hours shall be from one-half hour before sunrise until one-half hour after sunset.
Hunting with dogs is prohibited, except bird dogs and retrievers may be used for hunting small game and any dog may be used to take small game during the small game season.
Fires are prohibited.

(20) Orange Hammock Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 8 days prior the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Mobility-impaired general gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter (Friday, Saturday, and Sunday only).
Small game – Opening 12 days after the last day of general gun season season and closing 37 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 6 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Fishing and Frogging – Allowed year-round.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the muzzleloading gun and general gun seasons, the bag limit for deer shall be 1 antlered deer per quota permit. During the archery season and mobility-impaired hunt the bag limit for deer shall be 1 antlered deer or 1 antlerless deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the mobility-impaired season. The take of beardless hen wild turkey is prohibited. During the archery season, 1 gobbler or bearded turkey may be taken per quota permit per day. During the youth turkey hunt and spring turkey season, 1 gobbler or bearded turkey may be taken per quota permit.

(d) General regulations:

The use of tracked vehicles, airboats, all-terrain vehicles (ATVs), swamp buggies, recreational off-highway vehicles (ROVs) or unlicensed and unregistered motorcycles is prohibited, except ATVs and ROVs may be used by certified mobility-impaired hunters during the mobility-impaired hunt. Additional vehicle access, provided at the required mobility-impaired pre-hunt orientation meeting, may be allowed based on environmental factors during the mobility-impaired hunt.
Public access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset. Public access other than by foot, horseback, or bicycle is prohibited, except vehicle access is allowed only on that portion of the Main Grade between the designated entrance and WMA Gate 1, and as specified in #3 below.
Only persons participating in a quota hunt (and one additional non-hunting guest per quota permit during the mobility-impaired hunt and the youth turkey hunt) may operate vehicles on Main Grade south of WMA Gate 1 from 1.5 hours before sunrise to 1.5 hours after sunset one day prior to and during each archery, muzzleloading gun, mobility-impaired hunt, general gun hunt; and from 4:30 a.m. until 1.5 hours after sunset during spring turkey hunts.
Entry into or exit from the area at locations other than at designated entrances is prohibited.
Use of bicycles is prohibited except on Main Grade and designated trails.
Horses are prohibited during periods when the area is open to hunting. At all other times, horses are allowed on named or numbered roads and on designated trails only.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may not be taken onto the WMA until after 8:00 a.m. one day prior to each hunt and shall be removed from the area by 1.5 hours after sunset the last day of each hunt.
Fires are prohibited.
During the mobility-impaired general gun hunt, all mobility-impaired hunters are required to attend a pre-hunt orientation meeting.
During the youth turkey hunt, public access is limited individuals participating in the hunt.

(21) Creek Ranch Wildlife Management Area.

(a) Open season:

Family hunt – Opening 28 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, reopening 6 days later and closing 1 day thereafter (Saturdays and Sundays only).
Family small game – Opening 13 days after the last day of the family hunt season and closing 1 day thereafter, reopening 13 days later and closing 1 day thereafter (Saturdays and Sundays only).
Youth turkey hunt – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, reopening 27 days later and closing 1 day thereafter (Saturdays and Sundays only).
Fishing and Frogging – Allowed year-round.

(d) General regulations:

Public access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset. Public access other than by foot, horseback, or bicycle is prohibited during non-hunting periods, except motor vehicle access is allowed only on named and numbered roads as specified in subparagraph 68A-15.061(21)(d)2., F.A.C.
Only persons participating in a quota hunt (and one additional non-hunting guest per quota permit during quota hunts) may operate motor vehicles on named and numbered roads from 1.5 hours before sunrise to 1.5 hours after sunset one day prior to and during each family hunt and family small game hunt, and from 4:30 a.m. until 1.5 hours after sunset during youth turkey hunts.
During periods open to hunting, public access is restricted to individuals with a valid quota permit or their guests as identified in Rule 68A-15.005, F.A.C., and one additional non-hunting guest per quota permit.
All persons must enter and exit the area through a designated entrance.
The use of airboats, tracked vehicles, swamp buggies, all-terrain vehicles (ATVs), recreational off-highway vehicles (ROVs), or unlicensed and unregistered motorcycles is prohibited.
Bicycles may be operated only on named or numbered roads shown on the brochure map and designated multi-use trails.
Horses may be ridden but only on named or numbered roads shown on the brochure map and designated multi-use trails.
Taking wildlife with dogs is prohibited, except any dog may be used to hunt small game during the family hunt and family small game season. The take of wild hogs with dogs is prohibited.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may not be taken onto the WMA until after 8:00 a.m. one day prior to each hunt and shall be removed from the area by 1.5 hours after sunset the last day of each hunt.
Fires are prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 10-1-84, 7-1-85, 9-19-85, 5-7-86, 5-10-87, 6-8-87, 10-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 8-7-97, 7-1-98, 10-20-98, 12-28-98, 7-1-99, Formerly 39-15.061, Amended 12-9-99, 3-30-00, 7-1-00, 7-1-01, 5-13-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 8-9-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 10-11-23, 7-1-24, 7-1-25, 10-29-25, 7-1-26.

Fla. Admin. Code R. 68A-15.062 Specific Regulations for Wildlife Management Areas – North Central Region

(1) Camp Blanding Wildlife Management Area.

(a) Open season:

General gun still – Opening the Monday before Thanksgiving and continuing for 57 days thereafter (excluding Thanksgiving and Christmas), only in the following areas:

a. Still hunt area one, which is within the area described by a line beginning at the intersection of State Roads 16 and 21 then west along the south side of State Road 16, then south along the east side of D Avenue, then southeast along the northeast side of Quonset Hut road, then southwest on (and including) Prison Camp Road, then east on (and including) Dade Road to Ridge Road, then south on (and including) Ridge Road to Tank Trail, then southeast on (and including) Tank Trail to Ox Pin, then south on (and including) Ox Pin, then east on (and including) Clay Pit Road, then north along the west side of State Road 21 back north to the intersection of State Roads 16 and 21.

b. Still hunt area two, which is that portion of the Wildlife Management Area south of (and including) Impact Road.

General gun dog – Opening the Monday before Thanksgiving and continuing for 2 days thereafter, and opening the day after Thanksgiving and continuing for 6 days thereafter; and opening the day after Christmas and continuing for 10 days thereafter. Only in the dog hunt area, which is north of State Road 16 and County Road 215, and east of County Road 225 and West Road.
Wild hog-dog – Opening 5 days after the last day of Zone C antlered deer season as specified by Rule 68A-13.004, F.A.C., and continuing for 2 days thereafter, and opening the Saturday before the third Monday of February and continuing for 2 days thereafter. Only in the dog hunt area.
Youth turkey hunt – As established by Rule 68A-13.004, F.A.C., except with specific hunt dates and locations to be determined by the Camp Blanding Post Commander.
Spring turkey – Hunters shall be afforded at least two five-day periods of hunting, with specific hunt dates and locations to be determined by, and at the discretion of, the Camp Blanding Post Commander.
Archery – Opening 39 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, only in the still hunt and archery-only areas; and opening 25 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening the Monday before Thanksgiving and continuing for 55 days thereafter in the archery-only area, which is within the area described by a line beginning at the intersection of County Road 225 and Woodbury Road, then southeast on County Road 225 to State Road 16, then south on State Road 16 and County Road 230 to the Camp Blanding boundary on the east side of County Road 230, then east along the Camp Blanding boundary to Duval Road, then south on Duval Road to Yerkes Road, then west on Yerkes Road to Treat Road, then north on Treat Road to Lightning Strike Road, then west and north on Lightning Strike Road to State Road 230, then west on State Road 230 to the Camp Blanding boundary, then north along the Camp Blanding boundary to State Road 16, then east on the south side of State Road 16 to Lightning Strike Road, then north on Lightning Strike Road to Bessent Road, then north on Bessent Road to the starting point. A disjunct portion of the archery-only area is south of County Road 215, east of Rifle Range Road, north of State Road 16 and west of the Camp Blanding boundary.
Family hunt – The Saturday and Sunday prior to Columbus Day, and the Saturday and Sunday 12 and 13 days (respectively) after Columbus Day, site to be determined by the Camp Blanding Post Commander.
Muzzleloading gun – Opening 25 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, only in the still hunt areas.
Fishing – Allowed only on designated fish management areas, per fish management area regulations.
Trapping – Opening December 1 and closing 64 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., only in the still hunt areas.

(b) Legal to take: All legal game, fish and furbearers. Turkeys of either sex may be taken during the archery and muzzleloading gun seasons, the last two days of each of the two general gun still quota periods, the first two days of the non-quota period of the general gun still season and the last three days of each general gun dog hunt. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the family hunts, the bag limit for deer shall be one antlered and one antlerless deer per quota permit. Only wild hog may be taken during the wild hog-dog season.

(d) General regulations:

Persons shall check in and out at a check station when entering and exiting the area and check all game taken.
During periods open to hunting, hunters may enter the area with authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., and dogs by one hour after sunset. Authorized hunting equipment may only be taken onto the area beginning 8 a.m. the day preceding each family hunt and youth spring turkey hunt and shall be removed from the area the last day of each family hunt and youth spring turkey hunt.
Possession or use of a dog, other than a dog on a leash for trailing wounded game, is prohibited except (1) in the dog hunt area and (2) bird dogs are allowed in still hunt areas 1 and 2 but only after the first 16 days of the general gun season.
Vehicles may be operated only on named or numbered roads, within areas open for hunting, unless posted as closed.
During the spring turkey quota hunts, hunters will be assigned to a zone and may enter only that zone. Hunters may not enter the area before 5:00 a.m. each day and shall exit by 1:00 p.m. of each hunt day. During spring turkey hunts, only persons eligible for the hunt are allowed in the area.
Public access is prohibited except by persons engaged in authorized activities, but only during the time and in those areas where the authorized activity is allowed.
Only centerfire and muzzleloading shotguns are allowed for taking turkey during the spring turkey season.
Taking wildlife with centerfire and muzzleloading shotguns is prohibited during the archery season.
Only muzzleloading guns are allowed for taking wildlife during the muzzleloading gun season.
During the family hunt, only persons under 16 years of age but not younger than eight years of age, and under the supervision and in the presence of an adult, not younger than 18 years of age as provided in Section 790.22, F.S., may take wildlife with a gun.
The possession or consumption of intoxicating beverages or drugs is prohibited.
Fires are prohibited.
The use of all-terrain vehicles is prohibited, except as authorized by written permit from the Post Commander.
Access to still hunt area one, still hunt area two and the dog hunt area is allowed only through Florida Fish and Wildlife Conservation Commission check station 1, 2 or 3.
It shall be unlawful to take wildlife on or within 100 feet of East Tank Trail, Ridge, Dade, Treat and Impact Roads.
During the wild hog-dog season, hunts will begin 1.5 hours after sunset the first day of the hunt and end 1.5 hours before sunrise the day following the last day of the hunt; and hunting is allowed only from 1.5 hours after sunset until 1.5 hours before sunrise.
During the wild hog-dog season, wild hog may be taken only during the night by the aid of a light with dogs and a firearm. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
The use of trail cameras is prohibited.
The use of bicycles is prohibited east of State Road 230 in zones C and D in the archery only area.
A permit issued by the Florida National Guard is required for recreational users on the area, as specified by the Camp Blanding Installation Commander.

(2) Cypress Creek Wildlife Management Area.

(a) Open season:

Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing – Allowed throughout the year.
Small game – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March.

(d) General regulations:

Hunting with dogs is prohibited, except any dog may be used to take small game during the small game season and hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed during raccoon and small game seasons. The take of wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads.
The use of all-terrain vehicles is prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District (SRWMD) on SRWMD-managed lands only.
Taking wildlife with centerfire rifles is prohibited during small game season.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Suwannee River.

(3) Gulf Hammock Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 78 days later.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 34 days thereafter.
Archery/Muzzloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Fishing and frogging – Allowed only during periods when hunting is allowed.

(d) General regulations:

Vehicles may be operated only on established roads.
Public access is allowed only when hunting is allowed, on the consecutive Friday, Saturday, and Sunday prior to each hunting season, and on the consecutive Friday, Saturday, and Sunday following the last day of each hunting season.
Public access to the area is allowed only at designated entrances. Public access is prohibited, except during periods open to hunting from one hour before legal shooting hours until one hour after legal shooting hours, except during small game season in the dog hunt area when hunting as specified in paragraph 68A-24.002(2)(b), F.A.C. is allowed.
Fires are prohibited.
Access is allowed only by individuals possessing a valid recreational user permit, except as provided by Section 379.354, F.S.
The taking of wildlife by use of a gun on or from the right-of-way of Butler Road south of its intersection with Buckhead Road is prohibited as provided by Rule 68A-4.008, F.A.C.
The possession or use of dogs, other than bird dogs or waterfowl retrievers, is prohibited in that portion of the area south of King Road, east of the powerline right-of-way, south of Howell Road and east of Butler Road; except during small game season and as provided by paragraphs 68A-15.004(7)(c) and (d), F.A.C.
Hunting with dogs is prohibited during small game season, except hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only in the dog hunt area and any dog may be used to take small game.
During small game season, taking wild hog by the use of dogs is prohibited.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., shall be allowed on the area beginning 8 days prior to each hunting season and must be removed by the Sunday following the close of each hunting season.

(4) Lochloosa Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter, reopening 1 day later and closing 15 days thereafter, and reopening 1 day later and closing 27 days later.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Fishing and frogging – Throughout the year.

(c) Camping: Camping allowed only by permit from the St. Johns River Water Management District and only at designated campsites.

(d) General regulations:

Taking wild hog by the use of dogs is prohibited, except during the last 28 days of general gun season.
Vehicles may be operated only on named or numbered roads. Tracked vehicles, all-terrain vehicles and unlicensed vehicles are prohibited, except that persons possessing a valid Grove Park Wildlife Management Area recreational user permit may drive all-terrain vehicles on Fish Camp Road to access Grove Park Wildlife Management Area. Non-motorized bicycles are allowed, but may be ridden only on named or numbered roads and designated trails.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
The taking of wildlife by use of a gun on or from the rights-of-way of County Road 325 is prohibited as provided by Rule 68A-4.008, F.A.C.
Fires are prohibited.
Horses may be ridden only on named or numbered roads and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(5) Osceola Wildlife Management Area.

(a) Open season:

General gun – Opening 7 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 7 days thereafter in the still hunt area and Big Gum Swamp Wilderness only.
Fox, raccoon, opossum and bobcat – Opening 7 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March, in the dog hunt portion of the area.
September duck – During the September duck seasons established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.

(c) Camping: Throughout the year but only on designated campsites during general gun season on that portion of the area designated and posted as National Forest lands. On that portion of the area designated and posted as State Forest lands, camping is allowed throughout the year only at designated sites and only by permit from the Florida Forest Service.

(d) General regulations:

The dog hunt area is within the area created by traversing south on Forest Service Road 237 from its intersection with the north boundary of the Osceola National Forest; southeast on Forest Service Road 263; south on Forest Service Road 234; east and north on County Road 250; west on Forest Service Road 200, north and east on Forest Road 4 to Forest Road 26; north on Forest Road 26 to Forest Road 3; east on Forest Road 3 to Eddy Grade; northwesterly on Eddy Grade to State Road 2; northwest on State Road 2; southwest on Forest Service Road 295; west on Forest Service Road 296F; south on Forest Service Road 296C; east and south on Forest Service Road 296E; south on Forest Service Road 295; south on Forest Service Road 297 to the boundary of the Osceola National Forest; then due west to the northwest corner of Section 23, Township 1 South, Range 19 East; then south along the east side of Section 27, Township 1 South, Range 19 East to the southeast corner of Section 27, Township 1 South, Range 19 East; then west to the SW corner of the SE 1/4 of the SW 1/4 Section 29, Township 1 North, Range 19 East; then north along the west boundary of the East 1/2 of the West 1/2 Section 29, Township 1 North, Range 19 East to the south boundary of Section 20, Township 1 North, Range 19 East; then west along the north boundary of Section 30, Township 1 North, Range 19 East to the Baker County/Columbia County line; then south along the County Line to Forest Road 36; south to Forest Road 46; south on Forest Road 39; west on Forest Road 42 until it becomes Forest Service Road 212; south on Forest Service Road 212; west on Forest Service Road 272; north on Forest Service Road 270 to the Forest Boundary; then west back to the beginning point of Forest Service Road 237. Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except in the dog hunt area and as provided by paragraph 68A-15.004(7)(d), F.A.C.
Deer dogs may be trained beginning the last day of muzzleloading gun season and closing 9 days thereafter, except in the Big Gum Swamp Wilderness and the still hunt area.
The taking of wildlife by use of a gun on or from the rights-of-way of Interstate 10, County Roads 250, 250A, 229, 127 and 125, Forest Service Road 236 (between US 90 and C.R. 250), and State Road 2 is prohibited as provided by Rule 68A-4.008, F.A.C.
Motorized vehicles are allowed only on designated, named or numbered roads and mixed-use roads, except all-terrain vehicles are allowed only on designated motorized trails and mixed-use roads. Operation of all-terrain vehicles on designated motorized trails and mixed-use roads is prohibited from sunset to sunrise.
Operation of a vehicle in areas posted as closed to vehicles is prohibited.
During the general gun and small game seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed, but only in the dog hunt area. A quota permit shall not be required to take fox, raccoon, opossum and bobcat from 1 hour after sunset until 1 hour before sunrise during general gun season.
Taking wildlife with centerfire rifles is prohibited on that portion of the area designated and posted as State Forest lands during small game season.
During general gun season, the use of a light in a manner capable of disclosing the presence of wildlife from 12:00 a.m. (midnight) until one-half hour before sunrise is prohibited, except hunting as specified by paragraph 68A-24.002(2)(b), F.A.C. is allowed.

(6) Big Bend Wildlife Management Area – Tide Swamp Unit.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 9 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Fishing and frogging – Throughout the year.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.

(c) Camping: Prohibited, except primitive overnight camping shall be allowed at designated sites at Sponge Point and in the vicinity of Dallus Creek, by permit only from the Commission, for those individuals utilizing the Big Bend Saltwater Paddling Trail from September 11 through June 30 only. This permit shall be valid for through-paddlers only and shall be valid for one night only.

(d) General regulations:

Possession or use of dogs other than waterfowl retrievers or bird dogs is prohibited, except during small game season and as provided by paragraph 68A-15.004(7)(c) or (d), F.A.C. Hunting with dogs is prohibited during small game season, except any dog may be used to take small game.
Motorized vehicles may be operated only on named or numbered roads from September 1 through April 30. From May 1 through August 31 all motorized vehicles shall be operated only on Dallus Creek Road, Hagen’s Cove Road, Tide City Mainline, Turkey Track Tram, Pine Island Road, Indian Island Road and Bridge Road.
During periods when check stations are staffed during the muzzleloading gun season, the youth turkey hunt, and the first 16 days of the archery, general gun and spring turkey seasons, hunters shall check in and out at a check station when entering or exiting the area and check all game taken.
Fires are prohibited.
The taking of wildlife by use of a gun on or from the right-of-way of County Road 361 is prohibited as provided by Rule 68A-4.008, F.A.C.
The use of all-terrain vehicles is prohibited.
Persons shall enter and exit the area at designated entrances.

(7) Big Bend Wildlife Management Area – Spring Creek Unit.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 48 days thereafter.
Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 9 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.

(c) Camping: Prohibited, except primitive overnight camping shall be allowed at designated sites at Spring Warrior Creek, by permit only from the Commission, for those individuals utilizing the Big Bend Saltwater Paddling Trail from September 11 through June 30 only. This permit shall be valid for through-paddlers only and shall be valid for one night only.

(d) General regulations:

During periods when check stations are staffed during the muzzleloading gun season, the youth turkey hunt, and the first 16 days of the archery, general gun and spring turkey seasons, hunters shall check in and out at a check station when entering or exiting the area and shall check all game taken.
Motorized vehicles may be operated only on named or numbered roads from September 1 through April 30. From May 1 through August 31, motorized vehicles may be operated only on Spring Creek Road, Rock Road, Swamp Spur, Mule Wallow Spur and Road Spurs 1, 2 and 3.
Waterfowl hunting from permanent blinds or structures is prohibited.
Fires are prohibited.
Hunting raccoon and opossum as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during the small game season.
The use of dogs, other than bird dogs and retrievers is prohibited, except during small game season.
Persons shall enter and exit the area at designated entrances.
Taking wild hog by the use of dogs is prohibited.

(8) Big Bend Wildlife Management Area – Hickory Mound Unit.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 6 days thereafter, reopening 1 day later and closing 41 days thereafter.
Small game – Opening 9 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
September duck – Mondays, Wednesdays, and Saturdays on the Hickory Mound Impoundment and allowed every day of the seasons on the remainder of the area as established by Rule 68A-13.003, F.A.C.
Duck, geese and coot – Mondays, Wednesdays, Saturdays and the first day of each phase of the waterfowl and coot season on the Hickory Mound Impoundment and allowed every day of the season on the remainder of the area as established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.

(c) Camping: Prohibited, except primitive overnight camping shall be allowed at designated sites at Rock Island, by permit only from the Commission, for those individuals utilizing the Big Bend Saltwater Paddling Trail from September 11 through June 30 only. This permit shall be valid for through-paddlers only and shall be valid for one night only.

(d) General regulations:

Waterfowl and coot shooting hours for the Hickory Mound Impoundment: From the beginning of shooting hours established pursuant to Rule 68A-13.003, F.A.C., until 12:00 noon.
Airboats or vehicles are prohibited inside the Hickory Mound Impoundment Area. Gas-powered outboard motors are prohibited in the Hickory Mound Impoundment from August 31 until March 31. Gas-powered outboard motors of 4 h.p. or less are allowed in the Hickory Mound Impoundment from April 1 through August 30.
Commercial fishing or crabbing is prohibited in the Hickory Mound Impoundment.
Taking wildlife with centerfire and muzzleloading shotguns within the Hickory Mound Impoundment is allowed only during days when waterfowl and coot hunting is allowed and only for taking migratory game birds.
The take of wildlife with any firearm from the Hickory Mound Impoundment dikes is prohibited.
During periods when check stations are staffed during the first 16 days of the archery, general gun and spring turkey seasons, hunters shall check in and out at a check station when entering or exiting the area and check all game taken. Waterfowl hunters using the Hickory Mound Impoundment must check in and out at the check station whenever it is staffed and check all game taken.
Only centerfire and muzzleloading shotguns, crossbows, or bows and arrows are allowed for taking wildlife in the Hickory Mound Impoundment.
Motorized vehicles may be operated only on named or numbered roads from September 1 through April 30. From May 1 through August 31, motorized vehicles may be operated only on Cow Creek Grade, Coker Road, Swartz Tram west of J.C. Franklin Grade and J.C. Franklin Grade.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Hunting from permanent blinds or structures in the Hickory Mound Impoundment is prohibited.
Fires are prohibited.
Hunting with dogs is prohibited during the archery season except that waterfowl retrievers may be used during the September duck seasons.
Persons shall enter and exit the area at designated entrances. The Painted Rock Road entrance shall only be used during the general gun season.

(9) Big Bend Wildlife Management Area – Jena Unit.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 48 days thereafter.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Small game – Opening 9 days after the first day of the Zone C antlered deer season and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed throughout the year.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.

(b) Legal to take: All legal game, fish, frogs and furbearers except that during archery season, taking antlerless deer or turkey other than bearded turkey or gobbler is prohibited. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age.

(c) Camping: Prohibited, except primitive overnight camping shall be allowed at designated sites at the mouth of Sink Creek, and south of Horseshoe Beach, by permit only from the Commission, for those individuals utilizing the Big Bend Saltwater Paddling Trail from September 11 through June 30 only. This permit shall be valid for through-paddlers only and shall be valid for one night only.

(d) General regulations:

Fires are prohibited.
Vehicles may be operated only on named or numbered roads. Operation of a vehicle in areas posted as closed to vehicles is prohibited.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
The taking of wildlife by use of a gun on or from the rights-of-way of County Roads 351 and 361 is prohibited as provided by Rule 68A-4.008, F.A.C.
Taking wild hog by the use of dogs is prohibited, except during the first 9 days of general gun season.

(10) Big Bend Wildlife Management Area – Snipe Island Unit.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 13 days thereafter.
Small game – Opening 9 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter.
Trapping – Opening 63 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be one per person per day. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During archery season quota periods, one turkey may be taken per person, but no more than two turkeys per quota permit. During archery season non-quota periods, one turkey may be taken per person. During spring turkey season quota periods, one gobbler or bearded turkey may be taken per person, but no more than two per quota permit. During spring turkey season non-quota periods, one gobbler or bearded turkey may be taken per person.

(d) General regulations:

The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited.
Fires are prohibited.
Vehicles shall be operated only on named and numbered roads from September 1 through April 30. From May 1 to August 31, vehicles shall be operated only on Mandalay Road and Snipe Island Grade.
During periods when check stations are staffed during the muzzleloading gun season, the youth turkey hunt and the first 16 days of the archery, general gun and spring turkey seasons, hunters shall check in and out at a check station when entering or exiting the area and check all game taken.
Hunting with dogs other than waterfowl retrievers or bird dogs is prohibited, except any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited.
During the archery, muzzleloading gun, general gun, and spring turkey seasons, no person shall enter or exit the area except through designated entrances.

(11) Nutrien – White Springs Wildlife Management Area.

(a) Open season:

Duck, geese and coot – Wednesdays and Saturdays of the seasons established by Rule 68A-13.003, F.A.C., except during the first phase of the Canada goose season.
Fishing and frogging – Allowed throughout the year from sunrise until sunset each day, except during periods open to hunting.

(b) Legal to take: Waterfowl, coots, fish and frogs. Waterfowl and coots may be hunted from the beginning of shooting hours established pursuant to Rule 68A-13.003, F.A.C., until 12:00 noon.

(d) General regulations:

Public access is prohibited, except by those persons with written permission from the landowner, by anglers from sunrise until sunset during periods when hunting is prohibited, or by hunters on days open to hunting. Hunters may enter the area beginning at 5:00 a.m. and shall exit the area by 1:00 p.m.; except that scouting is permitted during daylight hours two days prior to each phase of the waterfowl seasons.
The use of airboats is prohibited. All watercraft shall be operated at idle speed.
Wading and the use of tube boats is prohibited.
Vehicles may be operated only on designated portions of roads and may only be parked at designated parking areas.
Taking wildlife with dogs is prohibited, except that waterfowl retrievers may be used.

(12) Raiford Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzloading gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening Thanksgiving Day and closing the Sunday after Thanksgiving Day, and reopening 49 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Wild hog-still – Opening 56 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 11 days later and closing 3 days thereafter.
Fishing and frogging – Throughout the year.

(d) General regulations:

Hunting with dogs is prohibited except bird dogs are allowed during the archery and muzzleloading gun season.
Hunters shall enter and exit that portion of the WMA that is east of County Road 125 and south of the New River via Shack Road gate or 267th Street. Persons accessing the area for fishing shall enter and exit the area at designated entrances.
During periods open to hunting, hunters are allowed on the area from 1.5 hours before sunrise until 1.5 hours after sunset.
Vehicles are prohibited in the walk-in area south and west of C.R. 125. In the remainder of the area, vehicles may be operated only on named or numbered roads; except that all-terrain vehicles are prohibited.
Only bows, muzzleloading rifles, muzzleloading handguns, and muzzleloading shotguns are allowed for taking wildlife.
Fires are prohibited.
Public access is allowed throughout the year from 1.5 hours before sunrise until 1.5 hours after sunset for fishing and during periods open to hunting, the weekend prior to each hunting period and from 8:00 a.m. to 6:00 p.m. on the day before and the day after archery, muzzleloading gun, archery/muzzleloading gun and wild hog-still season hunts. Public access is allowed from 1.5 hours before sunrise until 1.5 hours after sunset on the day preceding spring turkey season hunts. Public access is prohibited at all other times. No person shall enter the area during quota hunts except those hunters possessing Raiford quota permits for the appropriate season and those hunters exempt from quota permit requirements pursuant to Rule 68A-15.005, F.A.C.

(13) Cedar Key Scrub Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing – Allowed throughout the year.

(b) Legal to take: Antlered deer, antlerless deer (during archery season only), wild hog, gray squirrel and fish. Taking any other animal is prohibited. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age.

(d) General regulations:

Fires are prohibited.
Hunting with dogs is prohibited.
Vehicles are prohibited on the area except at designated parking areas.
The taking of wildlife by use of a gun on or from the rights-of-way of State Road 24 and County Road 347 is prohibited as provided by Rule 68A-4.008, F.A.C.

(14) Andrews Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 1 day prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 20 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 6 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 19 days later and closing 2 days thereafter.
Family hunt – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Saturdays and Sundays only).
Wild hog-still – Opening 59 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 29 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be one per quota permit. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the family hunt, only antlered deer, antlerless deer by antlerless deer permit only, nonprotected birds, and wild hog may be taken. Wild hog may not be taken during the small game season. During the wild hog-still season, only wild hog may be taken. Gobblers or bearded turkeys may be taken during spring turkey season from one-half hour before sunrise until sunset.

(d) General regulations:

During periods when the check station is staffed, hunters shall obtain a zone tag when they check in at the check station and no person shall hunt in any zone other than that to which he or she is assigned by zone tag, except during wild hog-still season. Zone tags shall not be transferred. Hunters shall keep the zone tag in their possession. Zone tags shall be returned to the check station before exiting the area. Zone tags may be reserved for the next day.
During periods when the check station is staffed, hunters shall check in and out at a check station when entering or exiting the area, and shall check all game taken.
Vehicles may be operated only on improved portions of named or numbered roads. During periods when the area is closed to hunting, persons may enter the area no earlier than one-half hour before sunrise and shall exit no later than one-half hour after sunset. Horses and all-terrain vehicles are prohibited.
Hunting with dogs is prohibited.
During the family hunts, only persons under sixteen years of age but not younger than eight years of age, and under the supervision and in the presence of an adult no younger than 18 years of age as provided in Section 790.22, F.S., may take wildlife with a gun.
During open hunting seasons access to the area shall be restricted to individuals with a valid quota permit or their guests as identified in Rule 68A-15.005, F.A.C.
During periods open to hunting, no person shall enter the area prior to one hour before legal shooting hours or exit the area after one hour past legal shooting hours.
During periods open to hunting, entry into or exit from the area at locations other than designated entrances is prohibited.
Fires are prohibited.

(15) Big Shoals Wildlife Management Area.

(a) Open season:

Archery – Opening 40 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 19 days thereafter (except Sundays).
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 7 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 5 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 19 days later and closing 2 days thereafter.
Fishing – Allowed throughout the year.

(c) Camping: Prohibited during periods open to hunting. During periods closed to hunting, camping is allowed only by permit from the Suwannee River Water Management District.

(d) General regulations:

During hunting periods, access for hunters will only be through the check station on C.R. 135.
Vehicles may be operated only on portions of named or numbered roads. The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited. Horses are allowed only on roads open to vehicular use or on designated horse trails.
Hunting with dogs is prohibited, except dogs may be used to hunt small game during small game season.
Persons may enter the area no earlier than 1.5 hours before sunrise and shall exit no later than 1.5 hours after sunset year round.
Taking wildlife with centerfire rifles is prohibited during small game season.

(16) Twin Rivers Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter and reopening 1 day later and closing 6 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 2 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 6 days thereafter.
Small game – Opening on Thanksgiving Day and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 6 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 19 days later and closing 2 days thereafter.
Fishing – Throughout the year.

(b) Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer is one deer per person, but no more than two deer per quota permit during archery season. The bag limit for deer is one antlered deer per person, but no more than two antlered deer per quota permit during muzzleloading gun and general gun seasons. The bag limit for deer is one antlered and one antlerless deer per quota permit during the family hunt. One turkey may be taken per person, but no more than two per quota permit.

(d) General regulations:

During periods when the check station is staffed. hunters shall check in and out at the check station during the archery, muzzleloading gun, general gun and spring turkey seasons and family hunt and report all game taken.
During periods when the check station is staffed, no person shall hunt in any zone other than that for which he or she has a zone tag during the archery, muzzleloading gun, general gun and spring turkey seasons.
During periods when the check station is staffed, hunters shall obtain a zone tag when they check in at the check station, except during the family hunt and small game season, and keep it in their possession while hunting on the area.
Horses are allowed only on designated roads.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons in possession of a special use permit from the Florida Forest Service.
Vehicles may be operated only on named or numbered roads.
Persons shall enter and exit at designated entrances, via the Florida Trail, the Suwannee River or the Withlacoochee River.
All-terrain vehicles are prohibited.
Hunting with dogs is prohibited except during the small game season.
Taking wild hog by the use of dogs is prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(17) Twin Rivers Wildlife Management Area – Blue Springs Unit.

(a) Open season:

Bird Dog Training – November and December.
Quail – Up to eight Saturdays of quail hunting may be allowed in January and February, combined.

(b) Legal to take: Quail. Bag limit is six quail per quota permit.

(c) Camping: Prohibited during periods open to hunting and allowed only by landowner permit during periods closed to hunting.

(d) General regulations:

Hunting with dogs other than bird dogs is prohibited.
A bird dog training permit from the Executive Director or designee, as provided by Rules 68A-9.007 and 68A-12.007, F.A.C., shall be required of each group entering the area to train bird dogs. A group, for the purpose of bird dog training, may include up to four persons and up to six dogs. One permit may be issued per day during the open season, on a first-come first-served basis, until a maximum of 14 permits have been issued.
A quota permit, as established annually by Order of the Executive Director or designee, shall be required for each group entering the area to hunt quail. Up to two quota permits may be issued per day and up to two hunters will be allowed per permit. The number of Saturdays open for quail hunting will be adjusted each year so as not to exceed a harvest of 15% of the fall population, based on annual fall quail surveys.
Persons participating in bird dog training or quail hunts shall enter and exit at the entrance designated on the current hunt brochure.
Motorized vehicles are prohibited except by persons in possession of a valid bird dog training permit or quota permit, only on days the permit is valid and only on named or numbered roads.
Taking wildlife with a gun is prohibited except with blank-firing pistols during the bird dog training season by persons in possession of a bird dog training permit; and with centerfire and muzzleloading shotguns during the quail season by those persons in possession of a valid quota permit.
Fires are prohibited.

(18) Jennings Forest Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 1 day later and closing 3 days thereafter, reopening 1 day later and closing 3 days thereafter, and reopening 1 day later and closing 3 days thereafter.
Supervised small game – Opening 21 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, east of Yellow Water Creek, and east of the North Fork Black Creek but only south of its convergence with Yellow Water Creek.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Bird dog training – Opening 16 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 27 days thereafter in the quail enhancement area and in the Normandy Unit only on Wednesdays, Saturdays and Sundays from October through January; except that bird dog training is prohibited during the archery season.
General gun – Opening 2 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 1 day later and closing 3 days thereafter, reopening 1 day later and closing 3 days thereafter, and reopening 1 day later and closing 3 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Small game – Opening 62 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 30 days thereafter (Fridays, Saturdays and Sundays only).
Wild hog-still – Opening 5 days after the last day of small game season and closing 9 days thereafter (Fridays, Saturdays and Sundays only), reopening 12 days after the last day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Quail (quail enhancement area) – Up to 16 days (Saturdays and Wednesdays only) of quail hunting may be allowed in January and February, combined.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 1 day later and closing 2 days thereafter, and reopening 1 day later and closing 2 days thereafter.
Fishing – Throughout the year.
Duck, geese and coot – During the migratory bird seasons established by Rule 68A-13.003, F.A.C.

(b) Legal to take: All legal game, fish and furbearers. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer shall be one per quota permit during the archery, muzzleloading gun and general gun seasons and one antlered and one antlerless deer per quota permit during the family hunt. The take of wild hog is prohibited in the quail enhancement area during small game season and in February during the wild hog-still season. Only wild hog may be taken during the wild hog-still season. During the spring turkey season, one gobbler or bearded turkey may be taken per quota permit. Taking quail is prohibited on the quail enhancement area (that portion of the area lying north of the North Fork Black Creek, east of County Road 217 and west of the Yellow Water Creek) except during quail season as established annually by order of the Executive Director, based on annual fall quail surveys. The daily bag limit for quail on the quail enhancement area is six per person.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles are prohibited.
Persons shall enter and exit at designated entrances.
Taking wildlife with dogs is prohibited except that bird dogs are allowed during the bird dog training and quail seasons, waterfowl retrievers are allowed during the duck, geese and coot season and any dog may be used to take small game during the small game season. In the Normandy Unit, the use of dogs is prohibited except bird dogs are allowed during the bird dog training season and any dog may be used to take small game during the small game season.
Horses are allowed on roads, firelines and designated trails only.
During the supervised small game season, only persons under 16 years of age and their adult supervisor may hunt, as provided in Section 790.22, F.S.
Taking wildlife with guns is prohibited in or on permanent wildlife viewing structures.
Bicycles are allowed throughout the year and shall be restricted to roads and firelines.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except in designated camping areas.
Wildlife may be taken in the Normandy Unit only during the bird dog training, archery and small game seasons.
During the bird dog training season the take of wildlife with a gun is prohibited, except pistols firing blanks may be used.
Taking wildlife with centerfire rifles is prohibited during supervised small game and small game seasons.

(19) Holton Creek Wildlife Management Area.

(a) Open season:

Mobility-impaired general gun – Opening 22 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 5 days thereafter and closing 2 days later, and reopening 12 days later and closing 2 days thereafter.
Mobility-impaired spring turkey – Opening 6 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter.
Fishing – Throughout the year.

(b) Legal to take: Antlered deer, antlerless deer, wild hog, gobbler or bearded turkey, gray squirrel, rabbit, fish, non-protected birds, armadillo, black and brown rats, house mouse, nutria, and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. One deer and one turkey may be taken per quota permit.

(d) General regulations:

During periods when the check station is staffed, hunters shall check in and out at the designated check station and report all harvested wildife.
During periods open to hunting and the day before each hunt, public access is prohibited except for individuals participating in the hunt and hikers using the Florida Trail.
Horses are allowed only during daylight hours on designated roads and only during periods closed to hunting.
Vehicles may be operated from 1.5 hours before sunrise until 1.5 hours after sunset and only on portions of named or numbered roads. During the day prior to the opening of each hunt, vehicle access is prohibited except for individuals participating in the hunt.
The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited except all-terrain vehicles may be used by certified mobility-impaired hunters during all hunts.
Persons must enter and exit the area only at a designated entrance, the Florida Trail and the Suwannee River.
Hunting with dogs is prohibited.
All mobility-impaired hunters are required to attend a pre-hunt orientation meeting.
Only one mobility-impaired quota permit may be utilized per individual per hunt.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.

(20) Goethe Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Muzzleloading gun – Opening 15 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun (still hunt) – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 5 days thereafter, reopening 1 day later and closing 6 days thereafter.
General gun (dog hunt) – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 1 day later and closing 3 days thereafter, and reopening 1 day later and closing 3 days thereafter.
Family hunt – Opening 7 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Small game – Opening 63 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 8 days thereafter, and reopening 1 day later and closing 6 days thereafter.
Fishing and frogging – Throughout the year.

(d) General regulations:

Vehicles may be operated only on named or numbered roads unless otherwise posted as closed.
Taking wildlife by use of a gun on or from the rights-of-way of State Road 121 or county roads 343, 326, 337, or 336 is prohibited as provided by Rule 68A-4.008, F.A.C.
Fires are allowed only at locations specified by the Florida Forest Service.
Hunting with dogs is prohibited during general gun still hunt, archery, and muzzleloading gun seasons. During the family hunt, hunting with dogs other than waterfowl retrievers and bird dogs is prohibited. During the small game season, hunting with dogs is prohibited except any dog may be used to take small game and as specified in paragraph 68A-24.002(2)(b), F.A.C.
The use of tracked vehicles, airboats, and all-terrain vehicles is prohibited. Horses are allowed only on roads and designated horse trails.
Motorized vehicular access is allowed only at designated entrances.
Dogs with a shoulder height of more than 17 inches are prohibited during the general gun dog hunt.
The portion of the area north of Hospital Road and east of County Road 337 (also known as Hog Pond Tract) shall be open for hunting only during the small game season.
That portion of the area south of County Road 326 and adjacent to the east side of County Road 337 shall be open only for taking doves as established by Rule 68A-13.008, F.A.C. Only centerfire and muzzleloading shotguns are allowed for taking wildlife on this portion of the area.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons in possession of a camping or special use permit from the Florida Forest Service.
During the small game season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., shall be allowed by persons possessing a special use permit from the Florida Forest Service.
Taking wildlife with centerfire rifles is prohibited during small game season.

(21) Citrus Wildlife Management Area.

(a) Open season:

General gun – Opening 34 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 19 days later and closing 2 days thereafter.
Small game – Opening the day after the last day of general gun season and closing 55 days thereafter.
Muzzleloading gun – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter.
Archery – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 6 days thereafter, and reopening 1 day later and closing 6 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 3 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.
Fishing and frogging – Throughout the year.
September duck – During the September duck seasons established by Rule 68A-13.003, F.A.C.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season, take of antlerless deer shall be by antlerless deer permit only. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. Turkey may be taken only during the spring turkey season when one gobbler or bearded turkey may be taken per quota permit.

(d) General regulations:

Any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited. Except during the small game season, the possession or use of dogs is prohibited except as provided by paragraph 68A-15.004(7)(c) or (d), F.A.C.
The use of all-terrain vehicles is prohibited.
Vehicles may be operated only on named or numbered roads.
During periods when check stations are staffed, no deer or turkey shall be dismembered or removed from the area until checked at the check station.
The use of horses for hunting is prohibited except during the small game season.
Bird dogs may be used during authorized field trials.
Bird dogs may be trained in the area east of County Road 491 between Forest Road 16 and Forest Road 20 October 1 through 31. Scheduled bird dog trial events are authorized only in the area east of County Road 491 between Forest Road 16 and County Road 480.
The taking of wildlife by use of a gun on or from rights-of-way of all paved roads is prohibited as provided by Rule 68A-4.008, F.A.C.
Persons operating vehicles shall enter and exit only at designated entrances.
Horses are restricted to named or numbered roads and designated horse trails.
The Sugarmill Woods Tract is that portion of the area within Sections 28 and 33, Township 20 South, Range 18 East; and within Section 4, Township 21 South, Range 18 East. Hunting in the Sugarmill Woods Tract is prohibited except during the youth spring turkey hunt and the spring turkey and small game seasons. During the small game season in the Sugarmill Woods Tract, only small game may be taken.
Taking wildlife with centerfire rifles is prohibited during small game season.

(22) Flying Eagle Wildlife Management Area.

(a) Open season:

Archery – Opening 35 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 days later and closing 4 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 days later and closing 4 days thereafter.
Small game – Opening 20 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter, and reopening 1 day prior to the veterans and active military waterfowl hunt established by Rule 68A-13.003, F.A.C., and closing 2 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 10 days later and closing 4 days thereafter.
September duck – In September, during the seasons established by Rule 68A-13.003, F.A.C., except hunting is prohibited during teal season during periods that do not coincide with archery season.
Duck, light goose, and coot – During the veterans and active military hunt established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

During periods when the area is closed to hunting, public access other than on foot, bicycle or horseback is prohibited with the following exceptions: vehicular access is allowed one day prior to each archery, muzzleloading gun and general gun hunt from 8:00 a.m. until 6:00 p.m., and one day prior to each spring turkey hunt from 1.5 hours before sunrise until 1.5 hours after sunset.
Hunting with dogs is prohibited except that any dog may be used to take small game during the small game season; waterfowl retrievers and bird dogs are allowed during September duck seasons. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
Vehicles may be operated only on named or numbered roads and shall be parked within 25 feet of those roads.
The use of all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited. Horses may be ridden only on designated roads and marked trails.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the area and check all harvested wildlife.
During periods when the check station is staffed, no deer, wild hog or turkey shall be dismembered until checked at the check station.
During the September duck season, shooting hours are from one-half hour before sunrise until noon each day.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area beginning 8:00 a.m. the day preceding each hunt and shall be removed from the area the last day of each hunt, except during spring turkey season, when tree stands and elevated shooting platforms are allowed on the area beginning 1.5 hours before sunrise the day preceding each hunt.

(23) Potts Wildlife Management Area.

(a) Open season:

Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 10 days later and closing 4 days thereafter.
Archery – Opening 30 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 days later and closing 4 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Wild hog-dog – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 90 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 2 days prior to the first Sunday in March, and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers except that taking antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. One gobbler or bearded turkey per person, but no more than two per quota permit during spring turkey season. Only wild hog may be taken during the wild hog-dog season.

(c) Camping: Camping and camping equipment is allowed at designated campsites no earlier than 8:00 a.m. the day preceding each hunt and ending the last day of each hunt except during the small game season when camping and camping equipment is allowed no earlier than 8:00 a.m. on the first day of each hunt. Camping is allowed at other times by permit from the Southwest Florida Water Management District. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers are prohibited. Lumber, sheet metal or other building materials is prohibited. Each camper shall assure that their campsite is clean at all times. The altering, defacing, moving, or tampering in any way with official markings of campsites is prohibited. Only tents, trailers, or self-propelled camping vehicles may be used for camping. The name, address and telephone number of the person responsible for each campsite shall be visibly affixed to the camping shelter.

(d) General regulations:

During periods when the area is closed to hunting, public access other than on foot, bicycle or horseback is prohibited with the following exceptions: vehicular access is allowed one day prior to each archery, muzzleloading gun and wild hog-dog hunt from 8:00 a.m. to 6:00 p.m., and one day prior to each spring turkey hunt from 1.5 hours before sunrise until 1.5 hours after sunset.
Vehicles may be operated only on named or numbered roads and shall be parked within 25 feet of those roads. Bicycles may be ridden only on designated trails.
The use of all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited. The use of horses is prohibited during wild hog-dog hunts. Horses may be ridden only on designated roads and designated trails.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering or exiting the area and shall check all harvested wildlife.
During periods when the check station is staffed, no game shall be dismembered until checked at the check station.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season and any dog may be used to take wild hog during the wild hog-dog season. During the wild hog-dog season, no more than three free-running dogs per quota permit shall be allowed. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
During the wild hog-dog season, a quota permit allows a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (three total) to participate in the hunt.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., and dogs may be taken onto the area no earlier than 8:00 a.m. the day preceding each hunt and shall be removed from the area the last day of each hunt. During spring turkey season, authorized hunting equipment is allowed on the area no earlier than 1.5 hours before sunrise the day preceding each hunt.

(24) Homosassa Wildlife Management Area.

(a) Open season:

Archery – Opening 23 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Small game – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 23 days thereafter, reopening 20 days later and closing 22 days thereafter, reopening 20 days later and closing 22 days thereafter.
Special-opportunity spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 8 days later and closing 6 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season the bag limit for deer shall be one antlered and one antlerless deer per quota permit. Wild turkey may only be taken during the special-opportunity spring turkey season. One gobbler or bearded turkey may be taken per special-opportunity permit.

(d) General regulations:

The use of dogs, other than bird dogs and dogs with a shoulder height of 15 inches or less, is prohibited, except hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed during the last 23 days of small game season. Taking wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads. Bicycles may be operated only on named or numbered roads and designated trails.
Vehicles shall be parked within 25 feet of a named or numbered road.
The use of tracked vehicles, airboats, all-terrain vehicles or horses is prohibited.
Hunters shall enter and exit the area at designated entrances. During periods when the check station is staffed, hunters must register at the hunt headquarters and check all harvested wildlife, except when hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., during the last 23 days of small game season.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons in possession of a special use permit from the Florida Forest Service.
Taking wildlife with centerfire rifles is prohibited.

(25) Devil’s Hammock Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 1 day later and closing 4 days thereafter, and reopening 1 day later and closing 4 days thereafter.
Family hunt – Opening 28 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Saturdays and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Small game – Opening the day after the last day of general gun season and closing 62 days thereafter.
Wild hog-still – Opening the day after the last day of small game season and closing 27 days thereafter.
Youth turkey hunt – Opening the second Saturday in March and closing one day thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing and frogging– Allowed year-round.

(b) Legal to take: All legal game, fish, frogs and furbearers. The take of deer is prohibited during the family hunt. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. Only wild hog may be taken during the wild hog-still season.

(c) Camping: Camping is allowed by permit only from the Suwannee River Water Management District or the Levy County Commission.

(d) General regulations:

The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited.
Vehicles shall be operated only on named and numbered roads.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by person possessing a Special Use Authorization from the Suwannee River Water Management District. Persons shall enter and exit at designated entrances.
During periods when the check station is staffed, hunters shall check in and out at the check station and check all harvested wildlife during the archery, muzzleloading gun, general gun, and spring turkey seasons.
Hunting with dogs other than waterfowl retrievers and bird dogs is prohibited, except by persons hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., and any dog may be used to take small game during the small game season. The taking of wild hog with dogs is prohibited.
During the raccoon and small game seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C. shall be allowed by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Shooting hours during the youth turkey hunt and spring turkey season shall be from one-half hour before sunrise until 1 p.m.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.

(26) Mallory Swamp Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (still hunt area only).
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Small game – Opening the day after the last day of general gun season and closing 41 days thereafter.
Wild hog-dog – Opening the day after the last day of small game season and closing the second Sunday in March, and opening the last Friday in April and closing 2 days thereafter and reopening the fourth Friday in June and closing 2 days thereafter.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, reopening 6 days later and closing 15 days thereafter.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Trapping – Opening 65 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing March 1.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing and frogging – Throughout the year.

(d) General regulations:

Taking wildlife with dogs other than bird dogs, during the general gun season, is prohibited in the still hunt area, which are those portions of the area lying west of Crapps Tower Grade and north of L.A. Bennett Grade, that portion of the area lying west of Crapps Tower Grade and south of Deserter’s Hammock Road, and that portion of the area lying south and east of McCall’s Chapel Grade and east of East Mainline.
The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited, except that all-terrain vehicles and unlicensed and unregistered motorcycles shall be allowed only by permit from the Suwannee River Water Management District. Horses are allowed only on roads and designated horse trails during daylight hours.
Motorized vehicles may be operated only on established roads. Vehicular traffic is prohibited on roads identified and posted as closed.
Fires are prohibited.
During the trapping season, taking trapped furbearers with a .22 caliber rimfire firearm is allowed.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons participating in the April and June wild hog-dog season hunts or by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the raccoon and small game seasons, hunting as specified in paragraph 68A-24-.002(2)(b), F.A.C., is allowed only by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Taking wild hog by the use of dogs in the still hunt area is prohibited.
During April and June, wild hog-dog season hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During April and June wild hog-dog season hunts, wild hog may be taken during the day or at night by the aid of a light with dogs and a firearm. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or aminal is prohibited.

(27) Middle Aucilla Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 26 days thereafter, reopening 1 day later and closing 30 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing: Allowed throughout the year.

(b) Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age.

(d) General regulations:

Vehicles may be operated only on designated roads.
The use of all-terrain vehicles is prohibited.
Fires are prohibited.
Hunting with dogs, other than bird dogs or waterfowl retrievers, is prohibited, except as provided by paragraph 68A-24.002(2)(b), F.A.C., and any dog may be used to take small game during the small game season.
Taking wild hog by the use of dogs is prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during raccoon season and the last 30 days of the small game season by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Aucilla River.

(28) Little River Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Saturdays, Sundays and Mondays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Small game – Opening 7 days after the first day of the Zone C antlered deer season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing – Allowed throughout the year.

(b) Legal to take: All legal game, furbearers and fish. Antlerless deer may be taken only during the family hunt and quail may be taken only during the periods described as follows: opening the first day of small game season and concluding 8 days thereafter, reopening 20 days later and concluding 8 days thereafter, and reopening 20 days later and concluding 8 days thereafter. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the family hunt, one antlered and one antlerless deer may be taken per quota permit. During the spring turkey season, one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

(d) General regulations:

Vehicles may be operated only on Little River Road, Road 33-2 and Road 33-3.
The use of all-terrain vehicles is prohibited.
Persons shall enter and exit at designated entrances or via the Suwannee River.
Taking wildlife with dogs is prohibited, except during the small game season and hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed during raccoon and small game seasons. During the small game season, any dog may be used to take small game.
Fires are prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the small game and raccoon seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.

(29) Troy Springs Wildlife Management Area.

(a) Open season:

Small game – Opening 7 days after the first day of the Zone C antlered deer season and closing the first Sunday in March, except on Sundays.
Spring turkey – Opening 6 days after the first day of the spring turkey season as established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Fishing – Throughout the year.

(b) Legal to take: Wild hog, rabbit, gray squirrel, quail, and fish. Taking any other animal is prohibited. Quail may be taken only during the periods described as follows: opening 9 days after the first day of small game season and concluding 5 days thereafter, reopening 23 days later and concluding 5 days thereafter, and reopening 23 days later and concluding 5 days thereafter.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
The use of all-terrain vehicles is prohibited.
Hunting with dogs is prohibited, except dogs may be used to hunt squirrel, rabbits, and quail during small game season.
Persons shall enter and exit at designated entrances or via the Suwannee River.
Fires are prohibited except in the designated camping area.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Taking wildlife with centerfire rifles is prohibited during small game season.

(30) J.P. Hall Bayard Point Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, reopening 34 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening Thanksgiving Day through the Sunday after Thanksgiving Day.
Wild hog-still – Opening 33 days after the last day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 41 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 44 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – The first three days of the Zone C season, and the Friday, Saturday, and Sunday of the third and fifth weekends of the Zone C season.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs, and furbearers. The bag limit for deer shall be one deer per person, but no more than two deer per quota permit during archery season and one antlered deer per person, but no more than two antlered deer per quota permit during muzzleloading gun and general gun seasons. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

(c) Camping: Only tent camping is allowed and only at designated campsites. Camping is allowed year-round in Area 1 and in Area 3, except that during periods open to hunting, only individuals authorized to participate in a hunt may camp in Area 3 and during the youth turkey hunt when one non-hunting guest per quota permit may also camp in Area 3.

(d) General regulations:

Hunting with dogs is prohibited, except any dog may be used to take small game during small game season.
Vehicles may be operated only on named or numbered roads, except during small game season when vehicles are prohibited on the area except at designated parking areas.
Vehicles may be parked only at designated parking areas.
The use of all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles is prohibited.
Public access is allowed year-round.
Horses are allowed throughout the year.
Horses and non-motorized bicycles may be used only on named or numbered roads and designated trails.
Motor vehicle access is prohibited during small game season and periods closed to hunting, but is allowed only by individuals participating in the hunts and only during archery, muzzleloading gun, general gun, wild hog-still, and spring turkey seasons and the weekend and the day before each archery, muzzleloading gun, general gun, and wild hog-still hunt and the day before each spring turkey hunt.
Only centerfire and muzzleloading shotguns may be used for taking wild turkey during the spring turkey season.
Taking wildlife with centerfire rifles is prohibited during small game season.

(31) Grove Park Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 27 days thereafter.
Crossbow – Opening 21 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter.
General gun – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 64 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Trapping – Opening December 1 and closing the last day of general gun season.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Throughout the year.

(d) General regulations:

Hunting with dogs other than bird dogs is prohibited, except any dog may be used to take small game during small game season.
Vehicles are prohibited year-round in the Camps Canal area, in those lands lying south of County Road 346, and in those lands lying north of County Road 2082. Vehicles are restricted to named or numbered roads in the remaining portion of the area. Non-motorized bicycles are allowed, but may be ridden only on named or numbered roads or designated recreational trails identified in the area brochure.
The taking of wildlife by use of a gun on or from the rights-of-way of County Roads 325, 2082, and 346 is prohibited as provided by Rule 68A-4.008, F.A.C.
Fires are prohibited.
Horses are prohibited during periods open to hunting, except on the designated recreational trails identified in the area brochure. During periods closed to hunting, horses may be ridden only on named or numbered roads or designated recreational trails.
Access is allowed only by individuals possessing a valid recreational user permit, except as provided by Section 379.354, F.S., or by any person using the designated recreational trails identified in the area brochure for horseback riding, bicycling or hiking.
Non-permitted individuals may not operate any vehicle on any portion of the area.
In addition to the provisions of Rule 68A-15.004, F.A.C., authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., shall be allowed on the area beginning 14 days prior to hunts allowing the take of deer or wild hog.
Taking wildlife with pre-charged pneumatic airguns firing arrows (airbows) is allowed during crossbow season.

(32) Steinhatchee Springs Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 1 day later and closing 18 days thereafter, and reopening 38 day later and closing 13 days thereafter.
Small game – Opening the 28 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 36 days thereafter.
Wild hog-dog – Opening the 90 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter and opening the last Friday in April and closing 2 days thereafter and reopening the fourth Friday in June and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 1 day later and closing 4 days thereafter, and reopening 1 day later and closing 13 days thereafter.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs, other than waterfowl retrievers or bird dogs is prohibited, except as provided by paragraph 68A-24.002(2)(b), F.A.C., any dog may be used to take small game during the small game season and any dog may be used to take wild hog during the wild hog-dog season.
Motorized vehicles may be operated only on named or numbered roads.
The use of airboats, all-terrain vehicles, tracked vehicles and unlicensed or registered motorcycles is prohibited.
Fires are prohibited.
Horses are restricted to designated roads and trails.
The taking or attempt to take wildlife with a gun on or from the rights-of-way of US Highway 19, State Road 51 or County Road 357 is prohibited as provided by Rule 68A-4.008, F.A.C.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons participating in the April and June wild hog-dog season hunts or by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During wild hog-dog season quota hunts, no more than three free-running dogs per quota permit shall be allowed.
During wild hog-dog season quota hunts, a quota permit shall allow a hunting group of two persons and a guest (3 total), as authorized by Rule 68A-15.005, F.A.C., to participate in the hunt.
During April and June, wild hog-dog season hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt. Hunting on that portion of the area that lies south of U.S. Highways 19, 98 and 27 is prohibited.
During April and June wild hog-dog season hunts, wild hog may be taken during the day or at night by the aid of a light with dogs and a firearm. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or aminal is prohibited.
During the raccoon and small game seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.

(33) Cary Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 51 days thereafter (Fridays, Saturdays and Sundays only).
Wild hog-still – Opening 83 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter and reopening 17 days later and closing 4 days thereafter.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
Duck, geese and coot – During the migratory bird seasons established by Rule 68A-13.003, F.A.C.
Fishing and Frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season the bag limit for deer shall be one deer per person, but no more than two deer per quota permit. During the family hunt the bag limit shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons the bag limit shall be one antlered deer per person, but no more than two antlered deer per quota permit. Only wild hog may be taken during the wild hog-still season. During the spring turkey season one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

(d) General regulations:

Fires are prohibited.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season and waterfowl retrievers are allowed during the duck, geese and coot season.
Vehicles may be operated only on named or numbered roads.
The use of all-terrain vehicles is prohibited.
Horses may be ridden only on named or numbered roads and designated trails.
Hunters shall enter and exit at designated entrances.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons in possession of a camping or special use permit from the Florida Forest Service.
Taking wildlife with centerfire rifles is prohibited during small game season.

(34) Ralph E. Simmons Memorial Wildlife Management Area.

(a) Open season:

General gun – Opening 14 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
General gun for mobility-impaired – Opening 28 days prior to the first day of the Zone C antlered deer season estblished by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Small game – Opening 37 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter, reopening 34 days later and closing 8 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – The first three days of the Zone C season, and the Friday, Saturday, and Sunday of the third and fifth weekends of the Zone C season.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery and general gun for mobility-impaired seasons and the family hunt, the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons, the bag limit for deer shall be one antlered deer per person, but no more than two deer per quota permit. During the general gun for mobility-impaired season only certified mobility-impaired hunters may take antlerless deer.

(c) Camping: During quota hunt periods, camping is allowed only in the Scotts Landing Road campground and only by hunters in possession of a valid quota permit. During the small game season and periods closed to hunting, camping in the Scotts Landing Road and the Cabin campgrounds is allowed only by permit from the Florida Forest Service and camping at campsites along the St. Mary’s River is allowed on a first-come first-served basis.

(d) General regulations:

Hunting with dogs is prohibited except any dog may be used to take small game during the small game season.
Vehicles may be operated only on named or numbered roads except that mobility-impaired hunters may use tracked vehicles, all-terrain vehicles, and horses throughout the area during the general gun for mobility-impaired season and the weekend and day before the season.
Vehicular access is allowed on all hunt days plus the weekend and day before all hunts except the family hunt and spring turkey and small game seasons, when it shall be allowed only on hunt days and the day before each hunt. The use of all-terrain vehicles, tracked vehicles and unlicensed or unregistered motorcycles is prohibited.
During periods open to hunting, other than small game season, public access is restricted to individuals with valid quota permits or their guests as identified in Rule 68A-15.005, F.A.C.
Horses are prohibited during periods open to hunting except during small game season and when used by mobility-impaired hunters during the general gun for mobility-impaired season. Horses may be used only on named or numbered roads and designated trails except that mobility-impaired hunters may use horses throughout the area during the weekend and day before the general gun for mobility-impaired season.
Non-motorized bicycles may be used only on named or numbered roads and designated trails.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except in designated camping areas and by persons in possession of a special use permit from the Florida Forest Service.
Taking wildlife with centerfire rifles is prohibited during small game season.

(35) Lower Econfina River Wildlife Management Area.

(a) Open season:

Archery – Opening 28 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter and reopening 8 days later and closing 13 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening the day after the last day of archery season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Raccoon – Opening the third Thursday in June and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).
Fishing and frogging – Throughout the year.

(d) General regulations:

Hunting with dogs, other than bird dogs or dogs with a shoulder height of 15 inches or less is prohibited, except as provided by paragraph 68A-24.002(2)(b), F.A.C. during raccoon and small game seasons, and any dog may be used to take small game during the small game season.
Taking wild hog with dogs is prohibited.
Fires are prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Motorized vehicles may be operated only on named or numbered roads.
All-terrain vehicles and unlicensed and unregistered motorcycles are prohibited.
During the raccoon and small game seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.
Taking wildlife with centerfire rifles is prohibited during small game season.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Econfina River.

(36) Belmore Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, and reopening 13 days later and closing 1 day thereafter.
General gun – Opening 5 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 10 days later and closing 4 days thereafter.
Small game – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 51 days thereafter (Thursdays, Fridays, Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.
Duck, geese and coot – During the migratory bird seasons as established by Rule 68A-13.003, F.A.C.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season the bag limit for deer shall be one antlered or one antlerless deer per quota permit. During the family hunts the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons the bag limit for deer shall be one antlered deer per quota permit. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season one gobbler or bearded turkey may be taken per quota permit.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles are prohibited.
Taking wildlife with dogs is prohibited, except with waterfowl retrievers during the duck, geese and coot season, and any dog may be used to take small game during small game season.
Horses and bicycles are allowed only on named or numbered roads, or designated trails.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.
Persons shall enter and exit the area at designated entrances.
Taking wildlife with centerfire rifles is prohibited during small game season.

(37) Four Creeks Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 51 days thereafter (Thursdays, Fridays, Saturdays and Sundays only).
Wild hog-still – Opening 97 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Duck, geese and coot – During seasons established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season the bag limit for deer shall be one deer per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons the bag limit for deer shall be one deer per quota permit. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season one gobbler or bearded turkey may be taken per quota permit. Only wild hog may be taken during the wild hog-still season.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Tracked vehicles, airboats, unlicensed and unregistered motorcycles, and all-terrain vehicles are prohibited.
Hunting with dogs is prohibited, except any dog may be used to take small game during the small game season and waterfowl retrievers may be used during seasons established by Rule 68A-13.003, F.A.C.
Horses and bicycles are allowed only on named or numbered roads, or designated trails.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.
Persons shall enter and exit at designated entrances or via the Nassau River, Boggy, Mills or Thomas Creeks or foot access from State Road A1A.
The archery area will be open for taking wildlife only during the archery season and only with a bow.
Taking wildlife with centerfire rifles is prohibited during small game season.

(38) Hatchet Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Small game – Opening 42 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Duck, light goose, and coot – During the veterans and active military hunt established by Rule 68A-13.003, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season the bag limit for deer shall be one deer per person, but no more than two deer per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons the bag limit for deer shall be one deer per person, but no more than two per quota permit. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

(d) General regulations:

Vehicles may be operated only on named or numbered roads, except during small game season and the veterans and active military hunt when vehicles are prohibited on the area except at designated parking areas.
Airboats, all-terrain vehicles, tracked vehicles and unlicensed and unregistered motorcycles are prohibited.
Taking wildlife with dogs is prohibited, except any dog may be used to take small game during small game season.
Bicycles shall be restricted to named or numbered roads and designated trails.
Hunters shall enter and exit at the designated entrance.
Vehicular access is allowed only by individuals participating in the hunts on hunt days and the day before each archery, muzzleloading gun and family hunt.
Taking wildlife from the right-of-way of Boundary Road is prohibited.
Public access is allowed year-round.
Taking wildlife with centerfire rifles is prohibited during small game season.

(39) Log Landing Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter and reopening the day prior to the first day of the Zone C antlered deer season and closing 9 days thereafter (Wednesdays, Fridays, Saturdays and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 19 days later and closing 9 days thereafter, reopening 26 days later and closing 9 days thereafter (Wednesdays, Fridays, Saturdays and Sundays only).
Small game – Opening 27 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter, reopening 19 days later and closing the first Sunday in March (Fridays, Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C., Wednesdays, Fridays, Saturdays and Sundays only.
Wild hog-still – Opening 6 days after the last day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Raccoon – Opening the third Friday in June and closing the last Sunday in August (Fridays, Saturdays, and Sundays only).
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers, except that the take of turkey other than bearded turkey or gobbler is prohibited during the archery season. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. The take of antlerless deer, gobbler or bearded turkey during the archery season is allowed only during the first 14 days. Only wild hog may be taken during the wild hog-still season.

(d) General regulations:

Motorized vehicles are prohibited except at designated parking areas.
Taking deer or wild hog with dogs is prohibited.
Hunting with dogs is prohibited, except any dog may be used to take small game during the small game season and hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed during raccoon and small game seasons.
Fires are prohibited.
Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
Persons shall enter and exit the area at designated entrances or via the Suwannee River.
During the raccoon and small game seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Suwannee River.

(40) Thomas Creek Wildlife Management Area – Kings Road Unit.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 7 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
Small game – Opening 42 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 7 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer shall be one deer per person, but no more than two deer per quota permit during archery season. The bag limit for deer shall be one antlered deer per person during the family hunt. The bag limit for deer shall be one antlered deer per person, but no more than two antlered deer per quota permit during muzzleloading gun and general gun seasons. During spring turkey season, one gobbler or bearded turkey per person, may be taken but no more than two per quota permit.

(d) General regulations:

Persons shall enter and exit at designated entrances.
Taking deer or wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads, except during small game season when vehicles are prohibited on the area except at designated parking areas and during quota hunts when only individuals authorized to participate in a hunt may operate a vehicle on the area.
Hunting with dogs, other than bird dogs is prohibited, except any dog may be used to take small game during small game season.
Fires are prohibited.
Public access is allowed year-round.
Bicycles shall be restricted to named or numbered roads and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(41) Catlett Wildlife Management Area.

(a) Open Season:

Archery – Opening 43 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Muzzleloading gun – Opening 15 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Archery/Muzzleloading gun – Opening 6 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Small game – Opening December 1 and closing March 1.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game (except wild turkey shall be legal to take only during spring turkey season), fish, frogs, and furbearers. During the archery season and the family hunt, the bag limit for deer is one antlered and one antlerless deer per quota permit. During the muzzleloading gun and archery/muzzleloading gun seasons, the bag limit for deer is two anterlered deer per quota permit, but only one per person. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the youth turkey and spring turkey season, one gobbler or bearded turkey may be taken per quota permit.

(d) General regulations:

Public access is allowed year round but only from 1.5 hours before sunrise until 1.5 hours after sunset.
During periods open to hunting, motorized vehicles are prohibited, except street legal vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs is prohibited, except dogs may be used to take small game during small game season and migratory birds when their respective statewide seasons overlap with area-specific seasons. The take of wild hog with dogs is prohibited.
Motorized vehicles shall enter and exit the area at designated entrances.
The use of airboats, all-terrain vehicles (ATVs), side-by-sides, unlicensed and unregistered motorcycles, swamp buggies, and tracked vehicles is prohibited.
During non-hunting periods, public access, other than by foot or bicycle is prohibited.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.
Fires are prohibited.
Horses are prohibited.
A permit issued by the Florida National Guard is required for recreational users on the area, as specified by the Camp Blanding Installation Commander.

(42) Lochloosa Slough Wildlife Management Area.

(a) Open Season:

Archery – Opening 49 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Small game – Opening the second to last Friday in January and closing 23 days thereafter (Fridays, Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: Deer, wild turkey (except wild turkey shall be legal to take only during spring turkey season), gray squirrel, rabbit, wild hog, fish, and frogs. During the archery season and the family hunt, the bag limit for deer is one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons, the bag limit for deer is one antlered deer per quota permit. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the youth turkey and spring turkey season, the bag limit is one gobbler or bearded turkey per quota permit.

(d) General regulations:

Public access is allowed year-round in Area 2 during posted hours at designated access points.
In Area 1, access is allowed from 1.5 hours before sunrise until 1.5 hours after sunset during quota hunts and the small game season but only by individuals participating in the hunts, guest hunters, and their assistants. During non-hunting periods, access is allowed during posted hours at designated access points.
Hunting is prohibited in Area 2 as indicated on the current brochure map.
Motorized vehicles are prohibited, except street legal vehicles may be operated in Area 1 on named and numbered roads as indicated on the brochure map from 1.5 hours before sunrise until 1.5 hours after sunset and only by individuals participating in the archery, muzzleloading, family hunt, general gun, youth spring turkey, and spring turkey hunts and only on hunt days and the day before each hunt. Motorized vehicle access is prohibited during small game season and during periods closed to hunting.
Public access, other than by foot, bicycle, horseback, or vessel, is prohibited in Area 2 and during non-hunting periods.
The use of airboats, all-terrain vehicles (ATVs), side-by-sides, unlicensed and unregistered motorcycles, e-bikes, swamp buggies, and tracked vehicles is prohibited.
Motorized vehicles must enter and exit the area at designated entrances.
Taking wildlife with dogs is prohibted, except rabbit dogs, squirrel dogs or retrievers may be used to take small game during general gun and small game seasons. The take of wild hog with dogs is prohibited.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area beginning 8:00 a.m. the day preceding each hunt and shall be removed from the area the last day of each hunt.
Fires are prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 7-1-85, 2-16-86, 5-7-86, 6-10-86, 11-27-86, 5-10-87, 5-1-88, 6-7-88, 7-1-89, 8-17-89, 7-1-90, 9-1-90, 7-1-91, 7-2-91, 7-1-92, 7-2-92, 8-23-92, 10-22-92, 7-1-93, 7-1-94, 2-9-95, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.062, Amended 12-9-99, 7-1-00, 7-1-01, 11-11-01, 6-2-02, 10-16-02, 5-25-03, 7-7-03, 9-29-03, 7-1-04, 8-1-04, 7-1-05, 8-1-05, 7-1-06, 7-2-06, 7-1-07, 7-5-07, 7-1-08, 7-1-09, 7-20-09, 7-1-10, 7-1-11, 7-1-12, 10-9-12, 7-1-13, 7-1-14, 8-26-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-1-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-17-25, 10-29-25, 7-1-26.

Fla. Admin. Code R. 68A-15.063 Specific Regulations for Wildlife Management Areas – Northwest Region

(1) Apalachee Wildlife Management Area.

(a) Open season:

General gun – Open the first 69 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. (Mondays, Wednesdays and Fridays closed to hunting in Zones A and B, except hunting is allowed the Friday after Thanksgiving).
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Fishing and frogging – Throughout the year.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
September duck – On Tuesdays, Thursdays, Saturdays and Sundays of the September duck seasons established by Rule 68A-13.003, F.A.C.
Duck, geese and coot – On Tuesdays, Thursdays, Saturdays and Sundays of the duck, light goose, and coot season established in Rule 68A-13.003, F.A.C.
Dove – On Tuesdays, Thursdays, Saturdays and Sundays of the mourning and white-winged dove season established in Rule 68A-13.008, F.A.C.
Quail (Zone A) – Opening 10 days after the second Saturday in December and closing 54 days thereafter (Mondays, Wednesdays and Fridays closed to hunting).
Spring turkey (Zones A, B and C) – During the spring turkey season established by Rule 68A-13.004, F.A.C. (Fridays, Saturdays and Sundays only).
Raccoon – Opening September 1 and closing 14 days thereafter (Zone A); reopening one day later and closing 14 days thereafter (Zones B and C); and reopening the day after the last day of general gun season and closing the day before the first day of spring turkey season (Zones A, B, and C).

(d) General regulations:

Taking wildlife with dogs is prohibited, except bird dogs and retrievers are allowed during the general gun; muzzleloading gun; September duck; duck, geese and coot; mourning and white-winged dove; and quail seasons. Additionally, any dog may be used to take small game in Zones B and C and to take gray squirrels during quail season in Zone A, and to take raccoon and opossum during raccoon season. The take of deer and wild hog with dogs is prohibited. Taking furbearers with dogs is prohibited, except during the raccoon season.
Vehicles may be operated only on named or numbered roads. During periods closed for hunting, vehicular access is prohibited except on Rock Pond Road and during daylight hours only one week prior to the archery season, one day prior to the muzzleloading gun season, and one day prior to each of the general gun and spring turkey hunts.
Taking wildlife with centerfire and rimfire rifles is prohibited., Taking wildlife with muzzleloading long guns is prohibited, except during the muzzleloading gun season.
When the check station is staffed, hunters must check in and out at the check station when entering and exiting Zone A and check all harvested wildlife when hunting in Zone A.
Taking of wildlife by use of a gun on or from rights-of-way of County Road 271 is prohibited as provided by Rule 68A-4.008, F.A.C.
Two hundred zone tags will be issued for archery, muzzleloading gun, general gun, and quail seasons in Zone A on a first-come, first-served basis at the check station. A zone tag is not required to hunt in Zones B or C during these seasons.
During quail season, taking quail after 3:00 p.m. Central Standard Time is prohibited.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.

(2) Apalachicola Wildlife Management Area.

(a) Open seasons:

General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C.
Quail (quail enhancement area) – Up to 16 days (Saturdays and Wednesdays only) of quail hunting may be allowed in January and February, combined.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fox, raccoon, opossum and bobcat – October 1 through the close of small game season in the fox hunt area, defined as that portion of the dog hunt area in Liberty County lying west of State Road 65 (except those Northwest Florida Water Management District lands lying west of SR 379 and north of the line formed from the intersection of SR 379 and Larkins Street, continuing to Larkins Landing, then to the Florida River, and ending at the confluence of the Florida and Apalachicola rivers) and in that portion of the dog hunt area in Leon County and Wakulla County south of State Road 267 bounded on the east by Forest Roads 313, F.H. 13 and 356, on the south by Forest Roads 349 and 357, on the west by Forest Roads 348 and F.H. 13, 309, 314 and 344.
Trapping – Opening the day following the close of general gun season and ending March 1.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. Bearded turkeys or gobblers may be taken during the muzzleloading gun season, and during the first 16 days of general gun season. Taking quail is prohibited on the quail enhancement area (that portion of the area lying north of Oak Ridge Road, east of State Road 61 and US Highway 319, south of State Road 263 and west of State Road 363) except during quail season as established annually by order of the Executive Director, based on annual fall quail surveys. The daily bag limit for quail on the quail enhancement area is six (6) per person. During the Fox, Raccoon, Opossum and Bobcat Season, rabbits may be chased by free-running dogs during daylight hours; however, taking wildlife with a gun, except as provided in paragraphs 68A-24.002(2)(b) and 68A-24.002(2)(c), F.A.C., or as allowed during overlapping seasons, is prohibited.

(c) Camping: Throughout the year. However, on that portion of the area designated as National Forest lands, camping is allowed only in designated campsites during the general gun season. On Northwest Florida Water Management District lands, camping is allowed throughout the area (except where posted as no camping), not to exceed 14 days within any consecutive 30-day period. Camping is limited to tents, trailers or self-propelled camping vehicles only. Lumber, sheet metal or other building materials, kitchen stoves, refrigerators and freezers are prohibited unless contained in mobile campers. Camping within designated campgrounds requires a permit from the Northwest Florida Water Management District.

(d) General regulations:

Bird dogs may be trained from June 1 through the last day of small game season, except on the quail enhancement area where bird dogs may be trained November 1 through December 31. Deer dogs may be trained beginning 1/2 hour before sunrise the last Saturday in October and ending 11:59 p.m. 19 days thereafter (including non-daylight hours) only in that portion of the area open to hunting fox, raccoon, opossum and bobcats.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed in the dog hunt area only.
Taking wildlife by use of a gun on or from rights-of-way of County Road 67, 260, 299, 368, 375; State Road 267, 65, 373, 263, 379, 12; US Highway 319; or that portion of County Road 22 east of the Ochlockonee River is prohibited as provided by Rule 68A-4.008, F.A.C.
Taking wildlife with dogs, other than bird dogs and retrievers, is prohibited in the still hunt area, defined as that portion of the area lying west and south of County Road 375 and east of the Ochlockonee River; also those Northwest Florida Water Management District lands lying west of SR 379 and north of the line formed from the intersection of SR 379 and Larkins Street, continuing to Larkins Landing, then to the Florida River, and ending at the confluence of the Florida and Apalachicola rivers, except any dog may be used to take small game during the small game season on dates that do not overlap with any season open for the taking of deer. The dog hunt area is defined as that portion of the area outside the still hunt area. The take of deer with dogs is prohibited, except during the general gun season in the dog hunt area. However, during the deer-dog training season in the fox hunt area, deer dogs may be allowed to run free for training purposes only, but the take of wildlife with a gun while training deer dogs is prohibited. The take of wild hog with dogs is prohibited, except during the general gun and small game seasons in the dog hunt area. Taking furbearers with dogs is prohibited in the still hunt area.
Taking deer is prohibited on or from the rights-of-way of County Road 375 and 50 yards outward from the rights-of-way.
Motorized vehicles are allowed only on designated, named or numbered roads and mixed-use roads, except all-terrain vehicles are allowed only on designated motorized trails and mixed-use roads. The use of all-terrain vehicles is prohibited on that portion of the area posted as Northwest Florida Water Management District lands.
During general gun season, the use of a light in a manner capable of disclosing the presence of wildlife from 12:00 a.m. (midnight) until one-half hour before sunrise is prohibited, except hunting as specified by paragraph 68A-24.002(2)(b), F.A.C. is allowed.

(3) Apalachicola Wildlife Management Area – Bradwell Unit.

(a) Open season:

General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening the second Saturday in December and closing 4 days thereafter.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 2 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – December 22-24, reopening two days prior to the third Monday in January and closing two days thereafter, and reopening two days prior to the third Monday in February and closing two days thereafter.
Small game – Opening 12 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, and reopening on the first Saturday following the close of the first family hunt and closing 8 days thereafter, reopening five days after the last day of the second family hunt and closing eight days thereafter, and reopening five days after the last day of the third family hunt and closing eight days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 12 days later and closing 2 days thereafter.
Wild hog-dog – Opening the second Friday of July and closing 2 days thereafter and opening the first Friday of the month and closing 2 days thereafter in May, June, August, and September.
Wild hog-still – Opening the third Friday of the month and closing 2 days thereafter in May, June, July, August, and September.
September duck – In the September seasons established by Rule 68A-13.003, F.A.C.
Youth turkey hunt – During the youth turkey hunt established in Rule 68A-13.004, F.A.C.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. The bag limit for antlered deer shall be one per quota permit during the archery season and one per person, but no more than two per quota permit during muzzleloading gun and general gun seasons. During the family hunt, the bag limit shall be one antlered and one antlerless deer per quota permit. During spring turkey season, one gobbler or bearded turkey may be taken per person, but not more than two per quota permit. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. During the wild hog seasons, only wild hog may be taken.

(d) General regulations:

Vehicles may be operated only on named or numbered roads and may be parked only at designated parking areas.
Taking wildlife with dogs, other than bird dogs and retrievers, is prohibited, except during the wild hog-dog season and any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited, except during the wild hog-dog season. The take of deer and furbearers with dogs is prohibited.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the wild hog-dog season, taking wild hog is prohibited from sunrise to sunset.
During the wild hog-dog season, wild hog may be taken by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.

(4) Blackwater Wildlife Management Area.

(a) Open seasons in the still hunt area (which includes that portion of the area south of State Road 4, except for the field trial area, and that portion of the area north of State Road 4, except for the dog hunt area).

General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening the third Saturday in December and closing 53 days thereafter.
Family hunt – Opening the second Saturday in December and closing 1 day thereafter.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C. (except during general gun season).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening 8 days after the last day of general gun season and closing 10 days thereafter.
Wild hog-dog – Opening the first Friday and closing 2 days thereafter and reopening the third Friday and closing 2 days thereafter in the months of May, June, July, August, and September.
Dove – During the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Duck, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.
Quail (quail enhancement area) – Up to 16 days (Saturdays and Wednesdays only) of quail hunting may be allowed in January and February, combined.
Bird dog training – Throughout the year, except during spring turkey season and in the quail enhancement area. In the quail enhancement area, bird dogs may be trained only from November 1 through December 31.
Fishing and frogging – Throughout the year except on the fish hatchery.

(b) Open seasons in the dog hunt area (defined as that portion of the area north of State Road 4 and west of Three Notch Road to County Road 191 to the Alabama state line, east of Mason West Road to Davis Road to Camp Henderson Road, and north of Camp Henderson Road from its intersection with Davis Road to State Road 87, and east of SR 87 to the Alabama state line (except that portion of the area lying north of Orie Nelson Road to Forest Road C115, east of FR C115 to Sellersville Road, north of Sellersville Road to FR C114, east of FR C114 until it turns west at a point approximately 0.4 miles northeast of Sellersville Road, and south of an unnamed road that heads east from the aforementioned point); and that portion of the area east of Belandville Road to CR 191 to SR 4, north of State Road 4 to Hurricane Lake Road, west of Hurricane Lake Road to Beaver Creek Road, west of Beaver Creek Road to FR R47, north of Forest Road R47 to Eadie Cotton Road, east of Eadie Cotton Road to Peaden Bridge Road, north of Peaden Bridge Road to Riley Barnhill Road, north of Riley Barnhill Road to Sherman Kennedy Road, west of Sherman Kennedy Road to Mattie Kennedy Road, south of Mattie Kennedy Road to Kennedy Bridge Road, north of Kennedy Bridge Road to Bullard Church Road, west of Bullard Church Road to Beaver Creek Road, west of Beaver Creek Road to the Alabama state line, and south of the Alabama state line to Belandville Road:

General gun dog – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening the third Saturday in December and closing 15 days thereafter, and reopening 15 days later and closing 23 days thereafter.
General gun still – Opening 16 days after the third Saturday in December and closing 13 days thereafter.
Family hunt – Opening the second Saturday in December and closing 1 day thereafter.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C. (except during the general gun dog and still seasons).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening 8 days after the last day of general gun dog season and closing 10 days thereafter.
Fox, raccoon, opossum and bobcat – May 1 through the Sunday prior to the youth turkey hunt.
Wild hog-dog – Opening the first Friday and closing 2 days thereafter and reopening the third Friday and closing 2 days thereafter in May, June, July, August, and September.
Dove – During the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Duck, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.
Bird dog training – Throughout the year, except during spring turkey season.
Fishing and frogging – Throughout the year.

(c) Open seasons in the field trial area (defined as that portion of the area bounded by Coldwater Creek on the northwest, the western boundary of Blackwater State Forest to Forest Road W9 to Paul Barnes Road on the west, Springhill Road on the south, County Road 191 on the east, and Coldwater Horse Trail Road to Forest Road W29 to Forest Road W23 to Forest Road W27 to Forest Road W28 and from its terminus due west to Forest Road W26 to Three Notch Road to Forest Road W21 to Forest Road W19 to Forest Road W17 to Forest Road W18 and from its terminus due west to Coldwater Creek:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, reopening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, and reopening the third Saturday in December and closing 53 days thereafter (except during the archery/muzzleloading gun season).
Family still hunt – Opening the second Saturday in December and closing 1 day thereafter.
Archery/Muzzleloading gun – Opening the third Friday in January and closing 2 days thereafter.
Dove (on fields posted as open to dove hunting) – During the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Duck, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.
Bird dog training – October 1-15 and November 14-30.
Quail – Opening the first Wednesday in February and closing 1 day thereafter, reopening 4 days later and closing 1 day thereafter, reopening 8 days later and closing 1 day thereafter, reopening 4 days later and closing 1 day thereafter.
Wild hog-dog – Opening the first Friday and closing 2 days thereafter and reopening the third Friday and closing 2 days thereafter in May, June, July, August, and September.
Fishing and frogging – Throughout the year except on the fish hatchery.

(d) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer during the archery/muzzleloading gun season on the field trial portion of the area shall be one antlered and one antlerless deer per day. During the family still hunt, antlered or antlerless deer (bag limit of three per quota permit) may be taken. The take of antlerless deer and turkey during the archery season in the Field Trial Area is prohibited, except during the first 30 days. Taking quail is prohibited on the field trial area except during the quail season. Taking quail after 3:00 p.m. (Central Time) is prohibited during the quail season on the field trial area. Taking quail is prohibited on the quail enhancement area (that portion of the area lying north of Bryant Bridge Road, east of Sandy Forest Road, east of County Road 191 between Sandy Forest Road and State Road 4, south of State Road 4 and west of Old Martin Road and Norman Riley Road) except during the quail season as established annually by order of the Executive Director, based on annual fall quail surveys. The daily bag limit for quail on the quail enhancement area is six (6) per person. During the Fox, Raccoon, Opossum and Bobcat Season, rabbits may be chased by free-running dogs during daylight hours; however, taking wildlife with a gun, except as provided in paragraphs 68A-24.002(2)(b) and 68A-24.002(2)(c), F.A.C., or as allowed during overlapping seasons, is prohibited. During the wild hog-dog season, only wild hog may be taken.

(e) Camping: Throughout the year at designated campsites only.

(f) General regulations:

During the general gun dog (dog hunt area only); small game (dog hunt area only); and the fox, raccoon, opossum and bobcat (fox hunt area only) seasons, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed. A quota permit shall not be required to take raccoon and opossum from one hour after sunset until one hour before sunrise during the general gun dog season.
Motor vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited in the still hunt area, field trial area, and during the general gun still hunt in the dog hunt area; however, any dog may be used to take small game during the small game and general gun seasons and to take wild hog during the wild hog-dog season. The take of deer with dogs is prohibited, except during the general gun dog and family hunts in the dog hunt area. The take of wild hog with dogs is prohibited, except during the general gun dog, family hunt, and small game seasons in the dog hunt area and throughout the area during the wild hog-dog season. Dogs are prohibited in the field trial area, except as specifically authorized by permit, or during the bird dog training, dove or quail hunting seasons, during statewide waterfowl seasons established in Rule 68A-13.003, F.A.C., or during wild hog-dog season for the purpose of taking wild hogs. Taking furbearers with dogs is prohibited in the still hunt area.
The take of wildlife with a gun within 300 yards of a public campsite is prohibited.
Taking of wildlife by use of a gun on, upon or from rights-of-way of State Road 4 and 189; US Highway 90; County Road 2, 180 and 191; Beaver Creek Highway; Bryant Bridge, Norman Riley, Sandy Forest, Pleasant Home, Bob Pitts, Deaton Bridge, Indian Ford, Red Rock, Shockley Springs, State Line, Sherman Kennedy, Hurricane Lake, Belandville and Sellersville Roads; paved portions of Camp Lowery Road and Green Road; and Carpenter Road from County Road 191 to Juniper Creek is prohibited as provided by Rule 68A-4.008, F.A.C.
The use of airboats, tracked vehicles, or off-highway vehicles (including all-terrain vehicles, side-by-sides, unlicensed and unregistered motorcycles, and swamp buggies) on the area is prohibited, except by permit from the Florida Forest Service.
Vehicles are prohibited on the Florida Gas Transmission Line.
During the family hunt and family still hunt, supervising adults other than the permit holder may participate in the hunt, except they may not take wildlife with a gun and all hunters must check in at the designated check station prior to hunting and check all game taken when the check station is staffed.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the wild hog-dog season, wild hog may be taken with or without dogs during the day (except in the portion of the West Boundary Forest Unit lying north of Springhill Road) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The West Boundary Forest Unit is delineated as that portion of the area south of State Road 4 and west of County Road 191. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
Taking wildlife with a centerfire rifle is prohibited during the small game and quail seasons.

(5) Blackwater Wildlife Management Area – Hutton Unit.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Quail – Opening 1 day prior to the first day of Zone D antlered deer season established by Rule 68A-13.004 F.A.C., and closing 1 day thereafter, reopening 18 days later and closing 1 day thereafter, reopening 4 days later and closing 1 day thereafter, reopening 8 days later and closing 1 day thereafter, reopening 4 days later and closing 1 day thereafter, reopening the third Monday in February and closing 1 day thereafter, and reopening the fourth Saturday in February and closing 1 day thereafter.
General gun – Opening 51 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Mobility-impaired general gun – Opening the last Friday in January and closing 2 days thereafter and reopening 5 days later and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter.
Wild hog-dog – Opening the third Friday and closing 2 days thereafter in May, June, July, and August, and reopening the second Friday and closing 2 days thereafter in September.
Fishing and frogging – Throughout the year.
Bird dog training – Monday through Friday in October, except during archery season.
Dove (on fields posted as open to dove hunting) – During the first 2 weekends of the first and second phases of the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Family hunt – Opening the third Saturday in February and closing one day thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers except that only quail may be taken during the quail season. Taking quail is prohibited except during the quail season. Taking antlered deer not having at least one antler with four or more points or one antler with a main beam of fourteen inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for antlered deer shall be one per quota permit during the archery season and two per quota permit, but no more than one per person during muzzleloading gun and general gun seasons. During the family hunt, the bag limit for deer is three per quota permit, but no more than one antlered deer per person and no more than one antlerless deer per quota permit. Two deer (antlered or antlerless) may be taken per mobility-impaired quota permit. During the general gun for mobility-impaired season, only mobility-impaired hunters may take antlerless deer. During spring turkey season, one gobbler or bearded turkey may be taken per person, but not more than two per quota permit. During the wild hog-dog season, only wild hog may be taken.

(d) General regulations:

During hunting seasons, vehicular access is allowed only by individuals authorized to participate in hunts. Vehicles may be operated only on named or numbered roads, except during the mobility-impaired hunts, and shall enter and exit only at the designated entrance as indicated on the hunt map. During quail season, individuals who possess a valid daily quota permit may also operate street legal motor vehicles on the powerline roads as designated on the hunt map.
Hunters must check in and out at the check station when entering and exiting the area, or check in and out on a daily basis when staying overnight at a designated campsite, and check all harvested wildlife when the check station is staffed during the archery, muzzleloading gun, quail, dove, family hunt, general gun and mobility-impaired general gun seasons.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except during the wild hog-dog season or as specifically authorized by permit. The take of deer and furbearers with dogs is prohibited. The take of wild hog with dogs is prohibited, except during the wild hog-dog season.
Taking quail after 3:00 p.m. (Central Standard Time) is prohibited.
The possession or use of all-terrain vehicles is prohibited, except that mobility-impaired hunters may use all-terrain vehicles only on established roads, trails, and firebreaks during the mobility-impaired general gun season.
Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited during the quail season.
On mobility-impaired hunts, only one non-hunting assistant and a guest permit holder are allowed to accompany each mobility-impaired quota permit holder as provided in Rule 68A-15.005, F.A.C.
During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
Dove permits will be issued on a first-come, first-served basis at the check station on the day of each dove hunt, when the check station is staffed.
During the dove season, one minor under 16 years of age may accompany an adult dove permit holder and may hunt under the supervision and in the presence of the permit holder, provided that the permit holder and the minor may each take one daily bag limit of doves.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.

(6) Blackwater Wildlife Management Area – Carr Unit.

(a) Open season: Small game – Opening the second Saturday of November and closing the first Sunday in March.

(b) Legal to take: Quail.

(d) General regulations:

Vehicles may be operated only on named or numbered roads, and shall enter and exit only at the designated entrance.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited.
The possession or use of all-terrain vehicles is prohibited.
Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited.
Fires are prohibited.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only on that portion of the area as designated on the brochure map.

(7) Joe Budd Wildlife Management Area.

(a) Open season:

Archery – Opening 1 day prior to the second Saturday in December and closing 30 days thereafter (Fridays, Saturdays and Sundays only).
Archery/Muzzleloading gun – Opening 5 days after the last day of archery season and closing 16 days thereafter (Fridays, Saturdays and Sundays only).
Small game – Opening the first Saturday in October and closing the Sunday prior to the opening of archery season (Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C (Saturdays and Sundays only).
Dove – During the first and second Saturdays of the first phase of the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Fishing and frogging – Allowed when hunting is not allowed.

(b) Legal to take: All legal game, fish, frogs and furbearers. During small game season, dove (Saturdays only, during phases established by Rule 68A-13.008, F.A.C.), quail and squirrel may be taken. Taking of antlered deer not having at least one antler with three or more points is prohibited, except by persons less than 16 years of age. Antlerless deer is any deer, except a spotted fawn, that is without antlers or whose antlers are less than one inch in length visible above the hairline. Antlerless deer may be taken by antlerless deer permit only. Only gobblers or bearded turkeys may be taken during the spring turkey season.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs is prohibited, except any dog may be used during dove season and to take small game during small game season. The take of wild hog with dogs is prohibited.
When the check station is staffed, hunters must check in and out at the check station when entering and exiting the area and check all harvested wildlife.
During hunting seasons that require a zone tag, no person shall hunt in any zone other than that for which they have obtained a zone tag permit. All hunters shall maintain possession of check station-issued daily permits while on the area.
Only bows or muzzleloading guns are allowed for taking turkey during spring turkey season, except centerfire shotguns may be used during the youth turkey hunt.
Centerfire and muzzleloading shotguns are prohibited for taking wildlife during the archery season, and centerfire shotguns, airbows and crossbows are prohibited for taking wildlife during the archery/muzzleloading gun season.
No person shall enter the area during any period in which the entry gate is closed.
During the archery and archery/muzzleloading gun seasons, entry into the area is prohibited from one-half hour before sunrise until one hour after sunrise and from one hour before sunset to one-half hour after sunset.
All persons entering or exiting the area may do so only at a designated entrance as indicated on the hunt map.
Taking or attempting to take wildlife by use of a gun on or from the rights-of-way of High Bluff Road or County Road 268 is prohibited as provided by Rule 68A-4.008, F.A.C.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.
During the archery and archery/muzzleloading gun seasons, and prior to 1:00 p.m. during the youth turkey hunt and spring turkey season, access to the area shall be restricted to individuals authorized to participate in the hunt.
Taking wildlife with centerfire rifles is prohibited during small game season.
Horses are prohibited, except on named or numbered roads and designated trails.

(8) Point Washington Wildlife Management Area.

(a) Open season:

General gun – Opening 4 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. and closing 53 days later.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C. (except during general gun season).
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening 1 day after the last day of general gun season and closing 10 days thereafter.
Migratory birds – During September duck, dove, rail, and common gallinule seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – January 1 through February 1.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. and closing 3 days thereafter.
Raccoon – Opening the first Thursday in July and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).

(d) General regulations:

Motor vehicles may be operated only on named or numbered roads.
Taking wild hog by the use of dogs is prohibited.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except any dog may be used to take small game during the small game and general gun seasons. The take of deer and wild hog with dogs is prohibited. Taking furbearers with dogs is prohibited, except during the raccoon season.
Bird dogs may be trained throughout the year except during the spring turkey season.
The use of airboats, tracked vehicles, or off-highway vehicles (including all-terrain vehicles, side-by-sides, unlicensed and unregistered motorcycles, and swamp buggies) is prohibited, except by permit from the Florida Forest Service.
Taking of wildlife by use of a gun on or from rights-of-way of all named and numbered roads is prohibited as provided by Rule 68A-4.008, F.A.C.
Persons operating vehicles shall enter and exit at designated entrances only.
Taking wildlife with centerfire rifles is prohibited during small game season.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.

(9) Talquin Wildlife Management Area.

(a) Open season:

General gun – Open the first 27 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. (Fridays, Saturdays and Sundays only).
Small game – Opening 5 days after the last day of general gun season and closing the first Sunday in March (Fridays, Saturdays, and Sundays only).
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter (Fridays, Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C (Saturdays and Sundays only).
September duck – In the September seasons established by Rule 68A-13.003, F.A.C.
Fishing and other recreational uses – Throughout the year.
Wild hog-still – Opening the second and fourth Fridays and closing two days thereafter in May, June, July, August, and September.

(b) Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. During the spring turkey season, the bag limit is two gobblers or bearded turkeys per quota permit, but no more than one per person. During the wild hog-still season, only wild hog may be taken.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
All hunters entering onto or exiting from this area may do so only at a designated entrance as indicated on the hunt map.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.
All-terrain vehicles are prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(10) Ochlockonee River Wildlife Management Area.

(a) Open season:

Archery/Muzzleloading gun – Open the first 27 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. (Fridays, Saturdays and Sundays only).
Small game – Opening 5 days after the last day of archery/muzzleloading gun season and closing the first Sunday in March (Fridays, Saturdays and Sundays only).
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C. (Saturdays and Sundays only).
Fishing and other recreational uses – Throughout the year.
Wild hog-still – Opening the first and third Fridays and closing two days thereafter in May, June, July, August, and September.
Ducks, geese, and coot – During the seasons established by Rule 68A-13.003, F.A.C. (Fridays, Saturdays, and Sundays only, except hunting is allowed throughout the September Duck seasons established by subsection 68A-13.003(3), F.A.C.).

(b) Legal to take: All legal game, fish, frogs and furbearers. In that portion of the area south of I-10, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In that portion of the area north of I-10, taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Gobblers or bearded turkeys may be taken during the archery/muzzleloading gun season. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. During the spring turkey season, the bag limit is two gobblers or bearded turkeys per quota permit, but no more than one per person. During the wild hog-still season, only wild hog may be taken.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
All hunters entering onto or exiting from this area may do so only at a designated entrance as indicated on the hunt map.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.
All-terrain vehicles are prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(11) Tate’s Hell Wildlife Management Area.

(a) Open season:

General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Duck, geese and coot – As established by Rule 68A-13.003, F.A.C.
Dove, snipe, and woodcock – As established by Rule 68A-13.008, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Trapping – February 1 through March 1.
Fox, raccoon, opossum and bobcat – May 1 through September 30 in the fox hunt area, defined as that portion of the dog hunt area bounded by Jet Engine Road, Five Points Road, Trout Creek Road, Buck Siding Road, Tucker Road and Gully Branch Road.
Fishing and frogging – Throughout the year.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

(d) General regulations:

Deer dogs may be trained from the last Saturday in October and for 19 consecutive days thereafter, but only from one-half hour before sunrise until one-half hour after sunset.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed in the dog hunt area only. A quota permit is not required to take raccoon and opossum from one hour after sunset until one hour before sunrise during any quota period.
Vehicles may be operated only on designated roads. Off-Highway Vehicles (all-terrain vehicles and off-highway motorcycles) are prohibited except by permit from the Florida Forest Service. Airboats and tracked vehicles are prohibited.
Taking wildlife with dogs other than bird dogs and retrievers is prohibited in the still hunt area, defined as that portion of the area north of State Road 65 to Whiskey George Creek, east of Whiskey George Creek to Dry Bridge Road, south of Dry Bridge Road to Car Body Road, east of Car Body Road to River Road, south of River Road to Burnt Bridge Road, east of Burnt Bridge Road to the New River, south of New River to the Crooked River, south and east of Crooked River to U.S. Hwy. 319, west of U.S. 319 to U.S. Hwy. 98, and north and west of U.S. 98 to SR 65, except any dog may be used to take small game during the small game season on dates that do not overlap with any season open for the taking of deer. The dog hunt area is defined as that portion of the area outside the still hunt area. The take of deer with dogs is prohibited, except during general gun season in the dog hunt area. However, during the deer-dog training season in the dog hunt area, deer dogs may be allowed to run free for training purposes only, but the take of wildlife with a gun while training deer dogs is prohibited. The take of wild hog with dogs is prohibited, except during general gun and small game seasons in the dog hunt area. Taking furbearers with dogs is prohibited in the still hunt area.
Taking of wildlife by use of a gun on or from the rights-of-way of County Road 67 is prohibited as provided by Rule 68A-4.008, F.A.C.
During general gun season, the use of a light in a manner capable of disclosing the presence of wildlife from 12:00 a.m. (midnight) until one-half hour before sunrise is prohibited, except hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Taking wildlife with centerfire rifles is prohibited during small game season.

(12) Tate’s Hell Wildlife Management Area – Womack Creek Unit.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C.
General gun still – Open during the first 13 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
General gun dog – December 24 through January 5.
Duck, geese, and coot – During the seasons established by Rule 68A-13.003, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Trapping – February 1 through March 1.
Fishing and frogging – Throughout the year.
Wild hog-dog – Opening the day after the last day of general gun dog season and closing 12 days thereafter.
Dove, snipe, and woodcock – During the seasons established by Rule 68A-13.008, F.A.C.
Archery/muzzleloading gun – Opening the fourth Friday in January and closing 2 days thereafter.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. During the wild hog-dog season, only wild hog may be taken.

(d) General regulations:

Taking wildlife with dogs, other than bird dogs and retrievers, is prohibited, except during the general gun dog and wild hog-dog seasons and to take small game during the small game season, unless dates overlap with archery, muzzleloading gun, general gun-still, or archery/muzzleloading gun season. The take of deer and furbearers with dogs is prohibited, except during the general gun dog season. The take of wild hog with dogs is prohibited, except during the general gun dog and wild hog-dog seasons.
Vehicles may be operated only on designated roads.
The use of airboats, all-terrain vehicles, or tracked vehicles is prohibited.
Taking wildlife by use of a gun on or from the rights-of-way of County Road 67 and Jeff Sanders Road from Rock Landing Road south 1/2 mile to SFR 174 is prohibited as provided by Rule 68A-4.008, F.A.C.
Taking wildlife with centerfire rifles is prohibited during small game season.

(13) Aucilla Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter, except in the Pinhook still hunt area. Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, and reopening 1 day later and closing 8 days thereafter in the Pinhook still hunt area.
Small game – Opening the day after the last day of general gun season and ending the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, except in the Pinhook still hunt area. Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 13 days later and closing 8 days thereafter in the Pinhook still hunt area.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening 7 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter in the Pinhook still hunt area only.
Wild hog-dog – Opening the second Friday and closing 2 days thereafter during the months of May, June, July and August, and opening the first Friday in September and closing 2 days thereafter.
September duck – In the September duck seasons established by Rule 68A-13.003, F.A.C.
Duck, geese and coot – During the duck and coot season established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – Opening the day following the close of general gun season as established in that portion of the area outside the Pinhook Still Hunt Area and closing March 1.
Raccoon (dog hunt area only) – Opening the first Thursday in July and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).

(b) Legal to take: All legal game, fish, frogs and furbearers. In the Pinhook still hunt area (which is that portion of the area south of US 98), taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. In the remainder of the area, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season in the Pinhook still hunt area the bag limit for deer shall be two deer, only one of which can be antlered, per quota permit. During the family hunt the bag limit shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons in the Pinhook still hunt area, the bag limit for deer shall be two antlered deer per quota permit, but no more than one per person. During the wild hog-dog season, only wild hog may be taken.

(c) Camping: Prohibited, except by permit from the Suwannee River Water Management District on District managed lands. Hikers using the Florida National Scenic Trail may camp at designated hike-in campsites along the trail without obtaining a camping permit.

(d) General regulations:

Taking wild hog by the use of dogs is prohibited, except during the wild hog-dog, small game and general gun seasons in the dog hunt area (defined as that portion of the area east of State Road 59 and north of US Hwy. 98, west of Powell Hammock Road and south of Goose Pasture Road and that portion of the area north of Goose Pasture Road and west of Oneal Tram). Taking deer with dogs is prohibited, except during the general gun season in the dog hunt area.
Taking wildlife with dogs other than bird dogs or waterfowl retrievers is prohibited in the still hunt area (defined as that portion of the area south of US Hwy. 98 and that portion of the area north of Goose Pasture Road and east of Oneal Tram). Taking furbearers with dogs is prohibited in the still hunt area.
Vehicles may be operated only on named or numbered roads and shall enter and exit at designated entrances.
During the general gun, raccoon, and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed in the dog hunt area only. A quota permit is not required to take raccoon and opossum from one hour after sunset until one hour before sunrise during any quota period.
Taking wildlife by use of a gun on or from the rights-of-way of US 98 is prohibited as provided by Rule 68A-4.008, F.A.C.
Fires are prohibited.
The use of all-terrain vehicles (ATVs) is prohibited.
Taking wildlife with dogs is prohibited during the archery season, except that waterfowl retrievers may be used during the September duck seasons.
Hunters shall enter and exit the Pinhook still hunt area at a designated entrance.
Public access is prohibited in that portion of the still hunt area north of Goose Pasture Road and east of Oneal Tram from one and one-half hours after sunset until one and one-half hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only on FWC-lead managed portions of the area.

(14) Pine Log Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter (throughout the area); and reopening the first day of Zone D antlered deer season and closing 3 days thereafter, reopening 6 days later and closing 2 days thereafter, reopening 47 days later and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter (in the archery-only area).
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 55 days later and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C. (except during general gun season).
Youth turkey hunt – During the youth turkey hunt established in Rule 68A-13.004, F.A.C.
Spring turkey – Opening the third Saturday in March and closing 22 days thereafter.
Raccoon ‒ During the quail season established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Throughout the year.
Duck, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.
Dove ‒ During the first phase of the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Bird dog training – Throughout the year, except during spring turkey season.
Family hunt – Opening the fourth Saturday in December and closing 1 day thereafter.
Archery/muzzleloading gun – Opening two days prior to the third Monday in February and closing 2 days thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking antlered deer not having at least one antler with three or more points is prohibited, except by persons less than 16 years of age. Taking antlerless deer is prohibited, except during the family hunt and the first 23 days of archery season. The bag limit for antlerless deer during the family hunt is one per quota permit. During the quota portion of the spring turkey season and during the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit.

(d) General regulations:

Vehicles may be operated only on named or numbered roads and shall enter and exit at designated entrances.
Taking wildlife with dogs other than bird dogs or retrievers is prohibited, except as specifically authorized by permit, when taking raccoon and opossum during the raccoon season, or when using any dog to take small game during small game and general gun seasons. The take of deer and wild hog with dogs is prohibited. Taking furbearers with dogs is prohibited, except during the raccoon season.
The use of all-terrain vehicles is prohibited.
Taking of wildlife by use of a gun on or from the rights-of-way of State Road 79 or County Road 2296 is prohibited as provided by Rule 68A-4.008, F.A.C.
Taking wildlife with firearms, air guns and crossbows is prohibited in the archery-only area, delineated as that portion of the area lying north of Pine Log Creek, south of Environmental Road, and west of State Road 79.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed (except in the archery-only area) and quota permits are not required from one hour after sunset until one hour before sunrise.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only during non-quota periods and only on that portion of the area west of Highway 79 and south of Pine Log Creek.
Taking wildlife with centerfire rifles is prohibited during small game season.
A quota permit is not required to take wild turkey during the spring turkey season in the archery-only area.

(15) Eglin AFB Wildlife Management Area.

(a) Open season:

Archery – During Zone D archery season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Muzzleloading gun – During the first 7 days of Zone D muzzleloading gun season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
General gun – During Zone D antlered deer season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Archery/Muzzleloading gun – During Zone D antlered deer and muzzleloading gun seasons as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Small game – During the quail season established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Dove – In areas and during days specified by the Installation Commander in accordance with Rule 68A-13.008, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Raccoon, fox, opossum, and bobcat – May 15 through August 31 in areas and during days specified by the Installation Commander.
Trapping – December 1 through March 1 in areas and during days specified by the Installation Commander.
Fishing and frogging – Throughout the year in areas and at times specified by the Installation Commander.
Wild hog-dog – Throughout the year in areas and at times specified by the Installation Commander.
Wild hog-still – Throughout the year in areas and at times specified by the Installation Commander.

(b) Legal to take: All legal game, fish (except as provided below), frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of 10 inches or more in length is prohibited, except in the Jackson and Brier Creek units where take of antlered deer not having at least one antler with 4 or more points or one antler with a main beam of 14-inches or more in length is prohibited. The Installation Commander may specify areas in which and days during which persons less than 16 years of age may harvest antlered deer not meeting antler point criteria. Antlerless deer may be taken during established seasons only by permit from the Installation Commander. Only wild hog may be taken during the wild hog-dog and wild hog-still seasons. During spring turkey season, gobblers or bearded turkeys may only be taken from 1/2 hour before sunrise until 1 p.m. The take of wild turkey is prohibited during the archery season.

No person shall kill or possess any fish on Weekly Pond, Upper Memorial Lake, Hurlburt Lake or Jack Lake.
No person shall take more than ten panfish in the aggregate per day, kill or possess any panfish less than eight inches in total length, take more than one black bass per day, or kill or possess any black bass less than 24 inches in total length on Duck Pond or Indigo Pond.

(d) General regulations:

Possession of or taking wildlife with dogs other than bird dogs or retrievers is prohibited in areas specified by the Installation Commander.
Vehicles may be operated only on named or numbered roads except those posted as closed.
Hunters must check in and out at a check station when entering and exiting the area and check all harvested wildlife in areas and during days specified by the Installation Commander.
Taking wildlife by use of a gun on or from the rights-of-way of any paved Eglin road, Range Roads 200, 213, 234, 204 (south of Range Road 314), and those portions of Range Road 211 west of Silver Creek to Range Road 610, and all other roads posted as such, is prohibited as provided by Rule 68A-4.008, F.A.C. Taking wildlife with a gun along or across a road, the Florida Trail, or a designated biking trail is prohibited. A road, for the purposes of this rule, is defined as any established, maintained, or regularly used route intended for four-wheeled motorized vehicle travel, including but not limited to gravel, dirt, sand, or paved surfaces; and to include access roads, logging roads, and utility rights-of-way. Taking deer, furbearers, and wild hog with dogs is only allowed in areas and during days specified by the Installation Commander. Taking wildlife with centerfire rifles or shotgun slugs when hunting deer or wild hog with the aid of dogs is prohibited.
Use of trotlines or bush hooks is prohibited.
During small game season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed only in areas and during days specified by the Installation Commander.
Use of all-terrain vehicles is prohibited, except by permit.
Dogs may be trained in areas and at times specified by the Installation Commander.
Persons shall only enter and exit Eglin AFB in areas and at times specified by the Installation Commander.
No person shall operate any boat propelled by an internal-combustion engine on any freshwater body, except as authorized by the Installation Commander.
A Department of Defense-issued permit is required for all recreational users on the area.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only in the Sikes and Choctaw units.
Taking wildlife with centerfire rifles is prohibited during small game season.
Taking wildlife with centerfire and muzzleloading shotguns using slugs or shot larger than number 2 during small game season is prohibited.
Bicycles and electric bicycles are allowed only in areas and during days specified by the Installation Commander.
Game cameras are only allowed as specified by the Installation Commander.
All traffic laws of the State of Florida and Department of Defense are applicable to this area, unless otherwise provided by area rules.

(16) Escambia River Wildlife Management Area.

(a) Open season:

General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C. (except during the family hunt).
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Small game – Opening the second Saturday of November and closing the last day of quail season established by Rule 68A-13.004, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Fox and bobcat – November 1 through July 31 except during spring turkey season.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Wild hog-dog – Opening the second and fourth Friday of the month and closing 2 days thereafter in May, June, July, August, and September.
Family hunt – Opening the last Saturday in December and ending 1 day thereafter.
Fishing and frogging – Allowed throughout the year.
Raccoon and opossum – Throughout the year except during the spring turkey season.
Trapping – December 1 through March 1.

(c) Camping: Allowed throughout the area (except where posted as no camping), but not to exceed 14 days within any consecutive 30-day period. A permit from the Northwest Florida Water Management District is required if camping within any designated campground. Camping is limited to tents, trailers or self-propelled camping vehicles only. Kitchen stoves, refrigerators and freezers are prohibited, unless contained in mobile campers. Lumber, sheet metal or other building materials are prohibited.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs, other than using bird dogs, rabbit dogs, squirrel dogs or retrievers to take small game, is prohibited in the still hunt area, defined as that portion of the area north of State Road 184 in Santa Rosa County, and north of Cedartown Road and Daffin Road in Escambia County, except that dogs may be used to take raccoon and opossum at night during the raccoon and opossum season and to take wild hog during the wild hog-dog season. The dog hunt area is defined as that portion of the area outside the still hunt area. The take of deer with dogs is prohibited, except during the general gun and family hunt seasons in the dog hunt area. The take of wild hog with dogs is prohibited, except during the general gun, family hunt, and small game seasons in the dog hunt area and during the wild hog-dog season throughout the area.
The use of all-terrain vehicles is prohibited.
Taking wildlife by use of a gun on or from rights-of-way of Keyser Landing Road, Webb Landing Road, State Road 184 and all other paved roads located within the area is prohibited as provided by Rule 68A-4.008, F.A.C. Taking fish on or from rights-of-way of Keyser Landing Road and Webb Landing Road is prohibited.
Hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed during the raccoon and opossum season.
Access to improved recreational areas is allowed from sunset to sunrise only for individuals participating in authorized hunting and/or fishing activities, actively launching/retrieving a boat or authorized to camp within the area.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
During the family hunt, one or two youths under 16 years of age, but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S., under the supervision and in the presence of one adult not younger than 18 years of age. The adult may only hunt when in the presence of at least one youth under 16 years of age but not younger than 8 years of age.

(17) Tyndall AFB Wildlife Management Area.

(a) Open season:

Archery – During Zone D archery season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Muzzleloading gun – During the first and last 7 days of the Zone D muzzleloading gun season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
General gun – During Zone D antlered deer season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Supervised youth – Opening the first day of archery season and closing December 31 (only in areas and during days designated by the Installation Commander).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Spring turkey – During the spring turkey season established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.
Small game – Opening the second Saturday in October and closing the first Sunday in March in areas and during days specified by the Installation Commander.
Migratory game birds – In areas and during days specified by the Installation Commander within seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year except in areas posted as closed.
Crossbow – During the last five days of the Zone D crossbow season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

(b) Legal to take: All legal game (except quail), fish, frogs and furbearers. The take of antlered deer not having at least one antler with four or more points is prohibited, except by persons less than 16 years of age in areas and during days specified by the Installation Commander. Antler restrictions shall not apply during the supervised youth hunt. Antlerless deer may be taken during established seasons only by permit from the Installation Commander. The bag limit for deer shall be 4 (but no more than 2 antlerless deer) during all seasons combined.

(d) General regulations:

Taking wildlife with dogs is prohibited, except bird dogs or retrievers may be used to take migratory birds in season in areas and during days designated by the Installation Commander. The take of deer, furbearers, or wild hog with dogs is prohibited.
Taking of wildlife by use of a gun on or from the rights-of-way of US 98 is prohibited as provided by Rule 68A-4.008, F.A.C.
Use of trotlines or bush hooks is prohibited.
The use of rimfire and centerfire handguns and rimfire and centerfire rifles is prohibited for taking wildlife.
Taking deer with centerfire shotguns or muzzleloading guns using ammunition other than slugs or single projectiles is prohibited. Taking wildlife with airguns is prohibited, except non pre-charged pneumatic airguns may be used for taking gray squirrel.
Taking wildlife with crossbows during the archery season is allowed only in areas and during days as specified by the Installation Commander.
A Department of Defense-issued permit is required for all recreational users on the area, including specific permits to take fish and wildlife.
Persons may only enter and exit the area at designated entrances as established by the Installation Commander.
Hunters must check in and out at a check station when entering and exiting the area and check all harvested wildlife in areas and during days specified by the Installation Commander.
All hunters must obtain permission from the check station operator prior to pursuing a wounded animal into a closed area or hunting block to which they are not assigned.
Scouting is allowed only as specified by the Installation Commander.
All hunters and their guests must wear a minimum of 500 square inches of daylight fluorescent orange material above the waist as an outer garment during muzzleloading gun and general gun seasons, except those individuals participating in dove hunts on designated dove fields or waterfowl hunts.
For all hunts with designated stand locations, individuals may only hunt at their assigned stand. Taking deer, wild hog, or coyote by methods other than still-hunting directly from an assigned treestand is prohibited. Moving or attempting to move pre-placed ladder stands from designated stand locations is prohibited.
The use of a light during nighttime hours to disclose the presence of wildlife is prohibited, except as specifically authorized by the Installation Commander.
Trail cameras are allowed only as specified by the Installation Commander.
Motorized vehicles are prohibited, except street-legal vehicles may be operated on named and numbered roads in areas and during days specified by the Installation Commander.
All traffic laws of the State of Florida and Department of Defense are applicable to this area, unless otherwise provided by a specific area regulation.
Bicycles and electric bicycles are allowed only in areas and during days specified by the Installation Commander.
Fires are prohibited, except in designated camping areas.

(18) Choctawhatchee River Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., except Holmes Creek Unit and East River Island.
Small game – During the quail season established by Rule 68A-13.004, F.A.C
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 17 days thereafter. Open the first 69 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., in Holmes Creek Unit and East River Island only.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C., only in that portion of the area south of the pipeline right-of-way located up river (north) of Cedar Log Landing (Walton County) and Billy Lee Landing (Washington County). Opening the third Saturday in March and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter in that portion of the area north of the pipeline right-of-way.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – December 1 through March 1 in still hunt areas and the day after the last day of general gun season through March 1 in dog hunt areas.
Wild hog-dog – Opening the first Friday of the month and closing 2 days thereafter in May, June, July, August and September except in the Holmes Creek Unit.

(b) Legal to take: All legal game, fish, frogs and furbearers. In that portion of the area south of I-10, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In that portion of the area north of I-10, taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. In that portion of the area north of the pipeline right-of-way, wild turkey may be taken only during the spring turkey season and only one gobbler or bearded turkey may be taken per spring turkey or youth turkey quota permit. In that portion of the area south of the pipeline right-of-way, only one gobbler or bearded turkey may be taken per spring turkey quota permit. During the wild hog-dog season, only wild hog may be taken.

(c) Camping: Allowed throughout the area (except where posted as no camping), but not to exceed 14 days within any consecutive 30-day period. A permit from the Northwest Florida Water Management District is required if camping within any designated campground. Camping is and limited to tents, trailers or self-propelled camping vehicles only. Kitchen stoves, refrigerators and freezers are prohibited, unless contained in mobile campers. Lumber, sheet metal or other building materials are prohibited.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs, other than using bird dogs, rabbit dogs, squirrel dogs or retrievers to take small game, is prohibited in still hunt areas, except any dog may be used during the wild hog-dog season throughout the still hunt area and to take raccoon and opossum during the general gun and small game seasons outside the East River Island Area and Holmes Creek Unit. Wild hog may only be taken with dogs during the general gun and small game seasons in the dog hunt area and throughout the area during the wild hog-dog season, except in the Holmes Creek Unit. Designated still hunt areas are north of US Highway 90, Holmes Creek Unit (those lands in Washington County lying east of County Road 284) and East River Island (those lands in Township 1 North, Ranges 17 and 18 West which are bounded on the south and east by East River and on the west and north by Choctawhatchee River); also those lands south of US Highway 90 lying north of the pipeline right-of-way and east of the Choctawhatchee River. The dog hunt area is defined as that portion of the area outside the still hunt areas. The take of deer with dogs is prohibited, except during the general gun season in the dog hunt area.
The use of all-terrain vehicles is prohibited.
The possession or consumption of intoxicating beverages is prohibited in the Holmes Creek Unit.
Access to improved recreational areas is allowed from sunset to sunrise only for individuals participating in authorized hunting and/or fishing activities, actively launching/retrieving a boat or authorized to camp within the area.
During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
During the general gun and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed, except in the East River Island Area and Holmes Creek Unit.
Taking wildlife with centerfire and rimfire rifles and pistols, muzzleloading guns, and shotgun slugs is prohibited in the portion of the area lying northeast of Boynton Cutoff to its confluence with Holmes Creek, west of Holmes Creek to Shell Landing Road, south of Shell Landing Road to Shell Point Road, and east and then south of Shell Point Road to its terminus, and continuing due west to the Choctawhatchee River.

(19) Chipola River Wildlife Management Area.

(a) Open seasons, except in the Altha Tract and Dudley Road Area:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Open the first 43 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
Small game – During the quail season established by Rule 68A-13.004, F.A.C.
Archery/Muzzleloading gun – Opening 4 days after the last day of general gun season and closing 1 day thereafter and reopening 6 days later and closing 1 day thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.
Trapping – December 1 through March 1.
Wild hog-still – Opening the second Friday and closing 2 days thereafter in May, June, July, August and September.

(b) Open seasons in the Altha Tract:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening the Saturday after the last day of muzzleloading gun season and closing the first Sunday in March (Saturdays and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter.
Fishing and frogging – Throughout the year.
Trapping – December 1 through March 1.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

Muzzleloading gun – Opening nine days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing two days thereafter.
Family hunt – Opening one day after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing two days thereafter, reopening December 24 and closing two days thereafter, reopening December 31 and closing two days thereafter, and reopening two days prior to the third Monday in February and closing two days thereafter.
Youth turkey hunt – Opening the second Saturday in March and closing one day thereafter, reopening 13 days later and closing one day thereafter, and reopening 13 days later and closing one day thereafter.

(d) Legal to take: All legal game, fish, frogs and furbearers. In that portion of the area south of I-10, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In that portion of the area north of I-10 (except the Dudley Road Area), taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. In the Dudley Road Area, the taking of antlered deer not having at least 1 antler with 4 or more points or 1 antler with a main beam of 14 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season in the Altha Tract, the bag limit for deer is one antlered deer and one antlerless deer per quota permit, but no more than one deer per person. During the family hunt in the Altha Tract, the bag limit is one antlered and one antlerless deer per quota permit. During the muzzleloading gun season in the Altha Tract, the bag limit is two antlered deer per quota permit, but no more than one per person. During the family hunt in the Dudley Road Area, the bag limit for deer is two antlered deer and one antlerless deer per quota permit, but no more than one deer per person. During the muzzleloading gun season in the Dudley Road Area, the bag limit for deer is two antlered deer per quota permit, but no more than one per person. One gobbler or bearded turkey may be taken per quota permit during the youth turkey hunt and two gobblers or bearded turkeys may be taken per quota permit, but not more than one per person during spring turkey season in the Altha Tract. During the wild hog-still season, only wild hog may be taken.

(e) Camping: Prohibited, except at designated campsites by permit from the Northwest Florida Water Management District, but not to exceed 14 days within any consecutive 30-day period. Camping is limited to tents, trailers or self-propelled camping vehicles only. Kitchen stoves, refrigerators and freezers are prohibited, unless contained in mobile campers. Lumber, sheet metal or other building materials are prohibited.

(f) General regulations:

Motorized vehicles may be operated only on named or numbered roads. In the Dudley Road Area, motorized vehicles are prohibited, except individuals participating in quota hunts or associated scouting activities may operate street-legal vehicles on named or numbered roads from one week prior to the first day until one day after the last day of their permitted hunt.
Taking or attempting to take deer or wild hog with the aid of dogs is prohibited.
The use of off-highway vehicles (including but not limited to all-terrain vehicles, recreational off-highway vehicles, swamp buggies, tracked vehicles, and unlicensed and unregistered motorcycles) is prohibited.
The possession or consumption of intoxicating beverages is prohibited in the Altha Tract.
Open to public access year round, except access to improved recreational areas is allowed from sunset to sunrise only for individuals participating in authorized hunting and/or fishing activities, actively launching/retrieving a vessel, or authorized to camp within the area. In the Dudley Road Area, public access is prohibited during nighttime hours, except individuals participating in quota hunts may access the area at any time during their permitted hunt.
In the Hayes Spring Run (lands in Sections 28, 32, and 33 of Township 6 North, Range 10 West encompassing the eastern tributary of the Chipola River known as Hayes Spring Run) and Waddell Mill Creek (lands west of Bump Nose Road within Section 6 of Township 5 North, Range 10 West) areas, taking deer and wild hog with guns other than bows and crossbows is prohibited, and taking wildlife with centerfire rifles or centerfire pistols is prohibited.
During the youth turkey hunt in the Altha Tract and all quota hunts in the Dudley Road Area, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Chipola River.

(20) Yellow River Wildlife Management Area.

(a) Open seasons:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
Small game – During the quail season established by Rule 68A-13.004, F.A.C. (except during general gun season).
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Trapping – December 1 through March 1.
Wild hog-still – Opening the second and fourth Fridays and closing two days thereafter in May, June, July, August and September.
Raccoon – Opening the first Thursday in July and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).

(b) Legal to Take: All legal game, fish, frogs and furbearers. In that portion of the area south of I-10, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In that portion of the area north of I-10, taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age.

(c) Camping: Allowed throughout the portion of the area managed by Northwest Florida Water Management District (except where posted as no camping), but not to exceed 14 days within any consecutive 30-day period. Within that portion of the area managed by the Florida Forest Service, camping is prohibited, except by special use permit or at designated primitive sites and for a maximum of 14 days. Throughout the entire area, camping is limited to tents, trailers, or self-propelled camping vehicles only. Kitchen stoves, refrigerators, and freezers are prohibited, unless contained in mobile campers. Lumber, sheet metal, or other building materials are prohibited.

(d) General regulations:

Vehicles may be operated only on named or numbered roads except vehicular access is prohibited from May through September on Holt Enhancement Road, North Holt Cross Road, South Holt Cross Road, Haiseal Road and Cotton Creek Road.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except that dogs may be used to hunt raccoon and opossum during the general gun, raccoon, and small game seasons and any dog may be used to take small game during the small game and general gun seasons. The take of deer and wild hog with dogs is prohibited. Taking furbearers with dogs is prohibited, except for taking raccoon and opossum during the general gun, raccoon, and small game seasons. Only wild hog may be taken during the wild hog-still season.
The use of all-terrain vehicles is prohibited.
During the general gun, raccoon, and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Access to improved recreational areas is allowed from sunset to sunrise only for individuals participating in authorized hunting and/or fishing activities, actively launching/retrieving a boat or authorized to camp within the area.
Taking wildlife with centerfire rifles is prohibited during small game season.

(21) Econfina Creek Wildlife Management Area.

(a) Open season except in the mobility-impaired, Cat Creek and Fitzhugh Carter areas.

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Open the first 58 days of Zone D antlered deer season established by Rule 68A-13.004, F.A.C.
Small game – During the quail season established by Rule 68A-13.004, F.A.C.
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Raccoon – Opening the second Saturday in November and closing the day prior to the youth turkey hunt, reopening the day following the close of spring turkey season and closing on July 31.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Open seasons in the mobility-impaired hunt area (area south of County Road 388):

General gun – Opening the day after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 47 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 3 days later and closing 2 days thereafter.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C. (Fridays, Saturdays and Sundays only).
Fishing and frogging – Allowed throughout the year.
Small game – Opening the Saturday after the last day of general gun season and closing the first Sunday in March (Fridays, Saturdays and Sundays only).

(c) Open seasons in the Cat Creek (area south of State Road 20 and north of County Road 388) and Fitzhugh Carter (area west of State Road 77) areas:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 55 days later and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C. (Cat Creek area) and opening the second Saturday in December and closing 15 days thereafter (Fitzhugh Carter area).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter.
September duck – In the September duck seasons established by Rule 68A-13.003, F.A.C., (Fitzhugh Carter area only).
Fishing and frogging – Allowed throughout the year (except as provided below).
Family hunt (Cat Creek Area only) – Opening Christmas Eve and closing 3 days thereafter.

(d) Legal to Take: All legal game, fish (except as provided below), frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the family hunt, the bag limit for antlerless deer is one per quota permit. Taking bobcat and otter is prohibited in the Fitzhugh Carter area. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. In the mobility-impaired hunt area, antlerless deer (bag limit of two per three-day hunt) may be taken during general gun hunts only by persons possessing valid mobility-impaired certificates.

(f) General regulations:

Motorized vehicles may be operated only on named or numbered roads except during periods open to hunting in the mobility-impaired hunt area, where motorized vehicles are not restricted to named or numbered roads but may be operated only by persons authorized to participate in the hunt.
Taking wildlife with dogs, other than using bird dogs, rabbit dogs, squirrel dogs or retrievers to take small game, is prohibited in the Cat Creek, Mobility-impaired, and Still Hunt areas, defined as those portions of the area that are west of State Road 77; south of State Road 20; south and east of Hampshire Blvd. to Porter Pond Road, east of Porter Pond Road to Greenhead Road, north of Greenhead Road to Econfina Creek, and east of Econfina Creek to State Road 20 (except in that portion of the area lying in Jackson County); west of Econfina Road to State Road 20, north of State Road 20 to State Road 77, east of State Road 77 to Greenhead Road, and south of Greenhead Road to Econfina Road, except that portion of the area lying east of Fox Pond Road to Mabel Porter Road and east of Mabel Porter Road to Econfina Road; and north of Deadening Road, except that dogs may be used to take raccoons and opossums during raccoon season (except in the Mobility-impaired, Cat Creek, and Fitzhugh Carter areas). The dog hunt area is defined as that portion of the area outside the Cat Creek, Mobility-impaired, and Still Hunt areas. The take of deer and wild hog with dogs is prohibited, except deer may be taken with dogs during general gun season in the dog hunt area and wild hog may be taken with dogs during general gun and small game seasons in the dog hunt area. In the Fitzhugh Carter Area, taking wildlife with dogs, other than bird dogs and retrievers, is prohibited.
The use of off-highway vehicles (including but not limited to all-terrain vehicles, recreational off-highway vehicles, swamp buggies, tracked vehicles, and unlicensed and unregistered motorcycles) is prohibited, except ATVs and ROVs (side-by-sides) may be operated in the mobility-impaired hunt area by persons participating in the hunt.
The possession or consumption of intoxicating beverages is prohibited.
On mobility-impaired hunts, only one assistant and a guest permit holder are allowed to accompany each mobility-impaired quota permit holder as provided in Rule 68A-15.005, F.A.C.
Taking wildlife by use of a gun on or from rights-of-way of Thomas Road, Rattlesnake Road, Strickland Road, Porter Pond Road, Duma Jack/Deadening Road, Greenhead Road, Hampshire Boulevard, Cat Creek Road, Enfinger Road, State Road 20 or County Road 388 is prohibited.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed and quota permits are not required from one hour after sunset until one hour before sunrise.
Horses are allowed on designated horse trails only. Horses, trailers, and the use of bicycles and electric bicycles are prohibited on the Fitzhugh Carter Area.
All persons entering or exiting the Fitzhugh Carter area may do so only at a designated entrance.
When the check station is staffed, hunters and anglers must check in and out at a check station when entering and exiting the Fitzhugh/Carter area and check all harvested wildlife and fish.
Access to improved recreational areas is allowed from sunset to sunrise only for individuals participating in authorized hunting and/or fishing activities, actively launching/retrieving a boat or authorized to camp within the area.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only on that portion of the area north of State Road 20 and east of Highway 77.
Individuals participating in waterfowl hunts are exempt from quota permit requirements except in the Cat Creek, Fitzhugh Carter, and mobility-impaired areas.
General regulations for taking fish on all Fitzhugh Carter Area lakes and water bodies:

a. Fishing is allowed only by permit issued by the Commission.

b. Days and hours of operation and angler quotas shall be as designated by the Commission and posted at the area headquarters. Angler quotas shall be determined by the following: a maximum of one angler per ten acres of open water with a minimum of two anglers per water body. Fishing is allowed in designated lakes and water bodies only. All other lakes, water bodies and restricted areas are closed to public fishing. Any lake or water body may be temporarily closed to public access for management purposes or in the event that access to the lake or water body exposes the public to danger by posting notice at the headquarters.

c. No person shall take more than 20 panfish in the aggregate per day, kill or possess any bluegill or redear sunfish less than 8 inches in total length, take more than 10 black crappie per day, kill or possess any black crappie less than 10 inches in total length, or kill or possess any black bass.

d. Fish may not be filleted, nor the head or tail fin removed, until the angler has checked out at the check station.

e. The use or possession of nets, seines, fish traps, trotlines, set lines, spears, gigs, snatch hooks, crossbow, bow and arrow or bush hooks is prohibited. Landing nets may be used and possessed for boating fish caught by rod and reel or hook and line.

During periods closed to hunting and fishing in the Fitzhugh Carter Area, public access other than by foot is prohibited.
In the Fitzhugh Carter Area, vessels are prohibited, except canoes, kayaks, and those boats provided for use on the area.
Swimming is prohibited in the Fitzhugh Carter Area.
During the youth turkey hunt in the Cat Creek Area, public access is limited to individuals participating in the hunt.
Taking wildlife with centerfire and rimfire rifles and pistols, muzzleloading guns, and shotgun slugs is prohibited in the portion of the area lying west of U.S. Hwy. 231 to Scott Road, north and/or east of Scott Road to County Line Road, and south of County line Road to U.S. Hwy. 231.

(22) Box-R Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Small game – Opening the second Saturday in November and closing the Sunday prior to the fourth Thursday in November, reopening the second Saturday in December and closing six days thereafter, and reopening the second Saturday in February and closing the first Sunday in March.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 46 days later and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Wild hog-dog – Opening the second Wednesday and closing 5 days thereafter in May, June, July, August, and September.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening three days later and closing three days thereafter, reopening three days later and closing 3 days thereafter, reopening five days later and closing three days thereafter, and reopening three days later and closing 3 days thereafter.
Dove – Saturdays and Sundays during the first phase of the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Family hunt – Opening 6 days after the last day of the general gun season and closing one day thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be two antlered deer per quota permit, but no more than one per person, except during the family hunt, when the bag limit shall be three antlered deer per quota permit, but no more than one per person. Antlerless deer may only be taken during archery season (1 antlerless deer per quota permit) or by antlerless deer permit. Taking antlered deer not having at least one antler with three or more points is prohibited, except by persons less than 16 years of age. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit. During spring turkey season, two gobblers or bearded turkeys may be taken per quota permit, but not more than one per person. During the wild hog-dog season, only wild hog may be taken. The take of deer is prohibited during wild hog-still season.

(d) General regulations:

Motor vehicles may be operated only on named or numbered roads.
During periods when the area is closed to hunting, public access other than on foot (pedestrian), horseback (equestrian) or by bicycle is prohibited except that motorized vehicles may be used on Pine Log Road and one day immediately prior to and one day after each hunt.
The possession or use of airboats, all-terrain vehicles, unlicensed and unregistered motorcycles or tracked vehicles is prohibited.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used during the wild hog-dog season and when taking small game during the small game season. The take of wild hogs with dogs is prohibited, except during the wild hog-dog season. During the wild hog-dog season, no more than 3 free-running dogs per quota permit may be used. The take of deer and furbearers with dogs is prohibited.
When the check station is staffed during the archery, muzzleloading gun, and general gun seasons, hunters must check in and out at a check station when entering and exiting the area and check all harvested wildlife. Hunters accessing the Gulf County portion of the area are not required to check in or out at a check station or check harvested wildlife and are exempt from quota permit requirements.
No deer shall be dismembered until checked at a check station, except for deer taken in the Gulf County portion of the area.
Taking or attempting to take wildlife by use of a gun on or from the rights-of-way of County Road 385, County Road 384, Moses Road, Teat Road, or Pine Log Road is prohibited.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt.
During the wild hog-dog season, hunts will begin at noon on the first day of the hunt and end at noon on the last day of the hunt.
During the wild hog-dog season, taking wild hog without the aid of a dog is prohibited.
During the wild hog-dog season, wild hog may be taken at night by the aid of a light with dogs and a firearm, provided that no wild hog may be shot until bayed by a dog. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat, or animal is prohibited.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Apalachicola and Jackson rivers.

(23) Lafayette Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
General gun – Opening 58 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C. (except during archery, general gun, family hunt, archery/muzzleloading gun, and muzzleloading gun seasons).
Spring turkey – Opening the third Saturday in March and closing 2 days thereafter (Saturday through Monday), reopening the following Friday and closing 30 days thereafter (Fridays, Saturdays and Sundays only).
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and other recreational uses – During daylight hours only.
Wild hog-still – Opening the first Friday and closing three days thereafter and reopening the third Friday and closing three days thereafter in May, June, July, August, and September.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Archery/muzzleloading gun – Opening two days prior to the third Monday in February and closing 2 days thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers, except that deer and turkey may not be taken during the wild hog-still season. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. Taking antlerless deer is prohibited, except during the archery and family hunt seasons. The bag limit for antlerless deer during the family hunt is one per quota permit. During the wild hog-still season, only wild hog may be taken.

(d) General regulations:

From three days prior to the first day of archery season until three days after the last day of spring turkey season, street-legal motor vehicles may be operated, but only on named or numbered roads. At all other times, motorized vehicles are prohibited.
During the archery, muzzleloading gun, family hunt, general gun, archery/muzzleloading gun and spring turkey seasons, access to the area shall be restricted to individuals authorized to participate in the quota hunt (day and night) and persons hiking through on the Florida Trail (daylight hours only). During non-quota hunts and outside hunting seasons, public access is allowed during daylight hours only, except for individuals participating in hunts or who possess a valid camping permit during the dates listed on their permit.
Off-highway vehicles (including but not limited to all-terrain vehicles, recreational off-highway vehicles, swamp buggies, tracked vehicles, and unlicensed and unregistered motorcycles) are prohibited.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
All persons entering or exiting the area may do so only at a designated entrance, except through hikers may enter via the Florida Trail.
Horses are prohibited.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed during non-quota periods only.

(24) Wakulla Wildlife Management Area.

(a) Open season:

Archery – Opening 40 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Saturday, Sunday, and Monday) and reopening 4 days later and closing 23 days thereafter (Fridays, Saturdays, and Sundays only).
Archery/Muzzleloading gun – Opening 1 day after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Small game – Opening the day after the last day of archery/muzzleloading gun season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C. (Saturdays and Sundays only).
Fishing and frogging – Throughout the year.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
All-terrain vehicles are prohibited.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
All hunters entering or exiting the area may do so only at a designated entrance.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.
The take of wildlife with a firearm on or from the right-of-way of Chattin Road within 1/4 mile of the intersection with McBride Slough Road is prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(25) Perdido River Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 40 days later and closing 2 days thereafter.
General gun – Opening 51 days following first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Archery/Muzzleloading gun – Opening 4 days after the last day of general gun season and closing 10 days thereafter.
Small game – Opening the second Saturday in November and closing the first Sunday in March (except during archery, general gun, family hunt, muzzleloading gun, and archery/muzzleloading gun seasons).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the third Saturday in March and closing 8 days thereafter, reopening the following day and closing 13 days thereafter.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. In that portion of the area south of I-10, taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In that portion of the area north of I-10, taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Taking antlerless deer is prohibited, except during the archery and family hunt seasons. The bag limit for antlerless deer during the family hunt is one per quota permit. During the youth turkey hunt, one gobbler or bearded turkey may be taken per quota permit.

(c) Camping: Prohibited, except at designated campsites by permit from the Northwest Florida Water Management District, but not to exceed 14 days within any consecutive 30-day period. Camping is limited to tents, trailers or self-propelled camping vehicles only. Kitchen stoves, refrigerators and freezers are prohibited, unless contained in mobile campers. Lumber, sheet metal or other building materials are prohibited.

(d) General regulations:

Vehicles may be operated only on named or numbered roads, except vehicles may not be operated on Frank Reeder Loop Road, Muscogee Regen Road, Red Gate Road and Shelby Ditch Road from May through September.
All-terrain vehicles are prohibited.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
Horses are allowed on designated horse trails only.
The possession or consumption of intoxicating beverages is prohibited.
The launching or loading of any vessel with an internal combustion engine larger than 10 horsepower is prohibited at the Fillingim and Pipes boat ramps.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise, except access is allowed throughout the year on Sand Landing Road, at designated campsites or by permit from the Northwest Florida Water Management District.

(26) Juniper Creek Wildlife Management Area.

(a) Open season:

Family hunt – Opening 1 day after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing two days thereafter, reopening December 24 and closing two days thereafter, reopening December 31 and closing two days thereafter, reopening two days prior to the third Monday in January and closing two days thereafter, and reopening two days prior to the third Monday in February and closing two days thereafter.
Youth turkey hunt – Opening the second Saturday in March and closing 1 day thereafter, reopening 13 days later and closing 1 day thereafter, reopening 13 days later and closing 1 day thereafter.

(b) Legal to take: Antlered deer with at least one antler with two or more points, antlerless deer, wild hog, non-protected birds, armadillo, black and brown rats, house mouse, nutria, and wild turkey (during the youth turkey hunt only). The bag limit for deer shall be one antlered or one antlerless deer per person. During youth turkey hunts, one gobbler or bearded turkey may be taken per youth.

(d) General regulations:

During periods when the area is closed to hunting, public access other than on foot is prohibited except that motorized vehicles may be used one day immediately prior to each hunt by individuals participating in the hunt.
During periods open to hunting, access is allowed only by individuals participating in the hunt.
A zone tag issued by the U.S. Forest Service is required to participate in each hunt. A random drawing is held the third Friday in October to issue zone tags. Each hunter shall obtain a zone tag prior to the hunt and keep it in his or her possession while hunting on the area. No person shall hunt in any zone other than that for which he or she has a zone tag. During the family hunt, one or two youth per zone tag, under 16 years of age but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S., under the supervision and in the presence of one adult not younger than 18 years of age. The adult may only hunt when in the presence of at least one youth under 16 years of age but not younger than 8 years of age. During youth turkey hunts, one youth and one adult may participate as provided by Rule 68A-13.004, F.A.C., per zone tag.
Vehicles may be operated only on named or numbered roads.
The use of airboats, all-terrain vehicles, unlicensed and unregistered motorcycles or tracked vehicles is prohibited.
Taking wildlife with dogs is prohibited.
Fires are prohibited.

(27) Beaverdam Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the second Saturday in December and closing 53 days thereafter.
Archery/Muzzleloading gun – Opening the day after the last day of general gun season and closing 10 days thereafter.
Spring turkey – Opening the third Saturday in March and closing 3 days thereafter, reopening 8 days later and closing 4 days thereafter.
Wild hog-dog – Opening the second Friday and closing 2 days thereafter in May, June, July, August and September.
Ducks, geese and coot – During the migratory game bird seasons as established by Rule 68A-13.003, F.A.C.
Fishing and frogging – Throughout the year.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Raccoon – Opening the first Thursday in July and closing the last Sunday in August (Thursdays, Fridays, Saturdays, and Sundays only).

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the family hunt, antlered or antlerless deer may be taken (limit one antlerless deer per person per day). During the muzzleloading gun season, antlered or antlerless deer may be taken (limit one antlerless deer per day). During the youth turkey hunt, the bag limit is one gobbler or bearded turkey per quota permit. During spring turkey season, two gobblers or bearded turkeys may be taken per quota permit, but not more than one per person. During the wild hog-dog season, only wild hog may be taken.

(c) Camping: Prohibited, except at designated campsites (for no more than 14 consecutive days at a time) or by permit from Northwest Florida Water Management District.

(d) General regulations:

Vehicles may be operated on Harry Donar Road year-round and on the area road extending from the boat ramp at the terminus of Harry Donar Road to the pipeline parking area during the period October 1 through April 30 and during each wild hog-dog hunt. Operation of vehicles on any other road is prohibited.
Taking or attempting to take deer or wild hog with the aid of dogs is prohibited, except that dogs may be used to take wild hog during the wild hog-dog hunts.
The use of all-terrain vehicles is prohibited.
Horses are allowed on named roads and designated horse trails only.
Boats may be launched and loaded only at the designated boat ramp.
During wild hog-dog hunts, wild hogs may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hogs under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.
Wild hog-dog hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
During the raccoon and small game seasons, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed. A quota permit is not required to take raccoon and opossum from one hour after sunset until one hour before sunrise during any quota period.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or using a boat ramp or canoe launch to access the Apalachicola River.

(28) Escribano Point Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 55 days later and closing 3 days thereafter, reopening 1 day later and closing 4 days thereafter, reopening 5 days later and closing 3 days thereafter.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Archery/Muzzleloading gun – Opening 5 days after the last day of general gun season and closing 2 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C. (except during archery, general gun, muzzleloading gun, and archery/muzzleloading gun seasons).
Fishing and frogging – Throughout the year.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during the small game season. The take of deer, furbearers, and wild hog with dogs is prohibited.
The use of all-terrain vehicles is prohibited.
The possession or consumption of intoxicating beverages is prohibited.
Motorized vehicles are prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.

(29) Plank Road Wildlife Management Area.

(a) Open season:

Ducks, geese, and coot– During the seasons established by Rule 68A-13.003, F.A.C.
Archery – Opening 55 days prior to the fourth Thursday in November and closing 23 days later (Fridays, Saturdays and Sundays only).
Muzzleloading gun – Opening 26 days prior to the fourth Thursday in November and closing 2 days thereafter.
Family hunt – Opening the Saturday prior to the fourth Thursday in November and closing 1 day thereafter.
General gun – Opening 19 days prior to the fourth Thursday in November and closing 2 days thereafter, reopening the fourth Thursday in November and closing 3 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Mobility-impaired general gun – Opening 8 days after the fourth Thursday in November and closing 3 days thereafter.
Small game – Opening the day following the close of general gun season and closing the first Sunday in March
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the third Saturday in March and closing 2 days thereafter, reopening 18 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Wild hog-still – Opening the first and third Fridays and closing two days thereafter in May, June, July, August and September.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of 10-inches or more in length is prohibited, except by persons less than 16 years of age. The take of antlerless deer is prohibited except during the archery, family hunt, and mobility-impaired general gun seasons. During the family hunt, the bag limit shall be two deer per quota permit, only one of which may be antlerless. During the mobility-impaired general gun season, the bag limit for antlerless deer shall be one per quota permit and only mobility-impaired hunters may take antlerless deer. The take of beardless hen wild turkey is prohibited. During the wild hog-still season, only wild hog may be taken.

(d) General regulations:

Public access allowed year round but only from one and one-half hours before sunrise until one and one-half hours after sunset, except during the small game season when individuals participating in raccoon and opossum hunting are allowed during nighttime hours and the mobility-impaired general gun hunt when public access is prohibited except for individuals participating in the hunt and non-hunting assistants as provided in Rule 68A-15.005, F.A.C.
Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during the small game season. The take of deer and wild hog with dogs is prohibited. Taking furbearers with dogs is prohibited, except for taking raccoon and opossum during the small game season.
Vehicles may be operated only on designated roads, except by mobility-impaired hunters during mobility-impaired hunts, and shall enter and exit only at designated entrances.
The use of airboats, tracked vehicles or all-terrain vehicles on the area is prohibited, except as authorized by the Florida Forest Service. However, mobility-impaired hunters may use all-terrain vehicles on established roads, trails, and firebreaks during the mobility-impaired general gun season without obtaining separate authorization from the Florida Forest Service.
On mobility-impaired hunts, only one non-hunting assistant and a guest permit holder are allowed to accompany each mobility-impaired quota permit holder as provided in Rule 68A-15.005, F.A.C.
Taking wildlife with centerfire rifles is prohibited during small game season.
During the small game season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.

(30) Tate’s Hell Wildlife Management Area – St. James Island Unit.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Saturday-Monday); and reopening 4 days later and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter; and reopening 53 days later and closing 2 days thereafter.
Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
General gun – Opening 29 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only); and reopening 19 days later and closing 2 days thereafter.
Small game – Opening the day after the last day of muzzleloading gun season and closing the first Sunday in March.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 36 days thereafter (Saturdays and Sundays only).
Migratory birds – Doves, ducks, geese, coot, snipe, and woodcock may be taken during their respective statewide seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed year-round.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least 1 antler with 4 or more points or 1 antler with a main beam of 14 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer is 1 deer (except spotted fawn) per quota permit. During the muzzleloading gun and general gun seasons, the bag limit for deer is 1 antlered deer per quota permit. During the family hunt, the bag limit for deer is 2 antlered deer per quota permit, but no more than 1 per person. The take of beardless hen wild turkey is prohibited. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken per quota permit.

(c) Camping: Prohibited, except in designated campsites by permit from the Florida Forest Service. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Public access is allowed year-round.
Motor vehicles may be operated only on named or numbered roads and shall enter and exit the area only at designated entrances as indicated on the hunt map.
Airboats, off-highway vehicles (which includes all-terrain vehicles, side-by-sides, and unlicensed and unregistered motorcycles) swamp buggies, and tracked vehicles are prohibited, except by permit from the Florida Forest Service.
Taking wildlife with dogs is prohibited, except bird dogs and retrievers may be used for taking doves, ducks, geese, coots, snipe, and woodcock during their respective statewide seasons and any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.
Fires, other than campfires at designated campsites, are prohibited.

(31) Garcon Point Wildlife Management Area.

(a) Open season:

Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, and reopening 5 days later and closing 3 days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 19 days later and closing 3 days thereafter, and reopening 25 days later and closing 3 days thereafter.
Small game – Opening the last Saturday in January and closing the first Sunday in March (except during the archery/muzzleloading gun season).
Archery/muzzleloading gun – Opening 72 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 10 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.
Migratory birds – During their respective statewide seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed year-round.

(c) Camping: Prohibited, except in designated camping areas by permit from the Northwest Florida Water Management District.

(d) General regulations:

Public access is allowed year-round, except from sunset to sunrise, when only individuals participating in hunting and fishing activities may access improved recreational areas as defined and managed by the Northwest Florida Water Management District.
Individuals shall enter and exit the area only at designated entrances as indicated on the hunt map, except vessels may enter the Avalon and Garcon tracts anywhere along their coastline boundaries with Escambia and East bays.
Motor vehicles may be operated only on designated roads and parking areas as indicated on the hunt map.
Airboats, off-highway vehicles (which includes all-terrain vehicles, side-by-sides, and unlicensed and unregistered motorcycles), swamp buggies, and tracked vehicles are prohibited, except by permit from the Northwest Florida Water Management District.
Taking wildlife with dogs is prohibited, except bird dogs and retrievers may be used for taking migratory birds during their respective statewide seasons and any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
Taking wildlife on or from designated hiking trails (as indicated on the brochure map) or with centerfire rifles is prohibited.
Fires are prohibited.
Horses are prohibited.
Taking wildlife with a gun in the Avalon Tract is prohibited, except bows may be used during established area seasons (including muzzleloading gun season) and centerfire and muzzleloading shotguns may be used for taking waterfowl in season. When taking wildlife with a bow during muzzleloading gun season in the Avalon Tract, all other regulations for muzzleloading gun season apply.

(32) Telogia Creek Wildlife Management Area.

(a) Open season:

Small game – Opening eight days after the last day of archery season and closing nine days thereafter, reopening the day after the last day of muzzleloading gun season and closing the day before the first day of the second general gun hunt, reopening the day after the last day of the fourth general gun hunt and closing nine days thereafter, and reopening the day after the last day of archery/muzzleloading gun season and closing six days thereafter.
Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
General gun – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening December 24 and closing 3 days thereafter, reopening December 31 and closing three days thereafter, reopening three days before the third Monday in January and closing three days thereafter, and reopening three days before the third Monday in February and closing three days thereafter.
Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Archery/muzzleloading gun – Opening 11 days after the last day of the second-to-last general gun hunt and closing 3 days thereafter.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 10 days later and closing 3 days thereafter, and reopening 12 days later and closing 8 days thereafter.
Ducks – As allowed during the September duck seasons established by Rule 68A-13.003, F.A.C.
Doves – During the first 16 days of the mourning and white-winged dove season established by Rule 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer is one antlered deer and one antlerless deer (except spotted fawn) per person. During the muzzleloading gun and general gun seasons, the bag limit for deer is two antlered deer per person, except during the general gun quota hunts when the bag limit is one antlered deer per quota permit. During the archery/muzzleloading season, the bag limit for deer is one antlered deer per person. The take of beardless hen wild turkey is prohibited. During spring turkey season, the bag limit is one gobbler or bearded turkey per quota permit during quota hunts and the season limit is two gobblers or bearded turkeys per person. During archery season, the season limit is two gobblers or bearded turkeys per person.

(c) Camping: prohibited, except in designated camping areas by permit as provided by Rule 68A-15.004, F.A.C. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Public access is allowed year-round, except during the youth turkey hunt, when only those individuals participating in the hunt may access the area.
Motor vehicles must enter and exit the area only at designated entrances as indicated on the hunt map.
Motorized vehicles are prohibited, except street legal motor vehicles may be operated from one and one-half hours before sunrise until one and one-half hours after sunset on designated roads and parking areas as indicated on the hunt map. At all other times and in all other portions of the area, public access other than by foot, bicycle, horseback, or vessel is prohibited.
Airboats and off-highway vehicles, including but not limited to all-terrain vehicles, side-by-sides, off-highway motorcycles, swamp buggies, and tracked vehicles, are prohibited.
Taking wildlife with dogs, other than using bird dogs, rabbit dogs, squirrel dogs or retrievers to take small game during small game season, is prohibited, except bird dogs and retrievers may be used to take small game during general gun season and migratory birds when their respective statewide seasons overlap area-specific seasons. The take of wild hog with dogs is prohibited.
Fires are prohibited, except at designated campsites by persons with a valid camping permit during the dates listed on their permit.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 7-5-84, 7-1-85, 5-7-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 9-1-91, 7-1-92, 7-2-92, 7-1-93, 3-1-94, 7-1-94, 7-1-95, 7-2-95, 8-15-95, 7-1-96, 7-2-96, 6-1-97, 12-3-97, 7-1-98, 7-2-98, 8-11-98, 7-1-99, Formerly 39-15.063, Amended 11-17-99, 7-1-00, 7-1-01, 7-22-01, 6-2-02, 5-1-03, 7-1-03, 7-1-04, 7-2-04, 8-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-1-13, 7-1-14, 7-2-14, 11-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-17-25, 10-29-25, 4-30-26.

Fla. Admin. Code R. 68A-15.064 Specific Regulations for Wildlife Management Areas – South Region

(1) J. W. Corbett Wildlife Management Area.

(a) Open season:

General gun – Nineteen days prior to Thanksgiving day through January 1 except those years when January 1 falls on a Thursday, Friday or Saturday, in which case the season would close on the following Sunday.
Small game – The day following the close of the general gun season through the third Sunday in February.
Spring turkey – The first Saturday of March and continuing for 36 days thereafter (Saturdays, Sundays, and Wednesdays only).
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Archery – Ten weeks prior to opening of general gun season and continuing for 22 days thereafter.
Muzzleloading gun – Five weeks prior to opening of general gun season and continuing for 15 days thereafter.
Raccoon – The day following the close of the general gun season through the third Sunday in February.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year except when area is closed to public access.

(b) Legal to take: All legal game, fish, furbearers and frogs. Deer daily bag one, annual bag two. Turkeys may not be taken during the archery season. The take of antlerless deer is prohibited except during the last 9 days of archery season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The take of wild turkey by non-residents during the first 9 days of the zonal spring turkey season (which includes the first 5 days of the area-specific spring turkey season) is prohibited.

(c) Camping: Camping is allowed during the zonal spring turkey season and from the beginning of the archery season until seven days after the last day of the general gun season, but only in designated campsites by permit as provided by Rule 68A-15.004, F.A.C. Camping equipment may be set up and occupied no earlier than 8:00 a.m. the day prior to the opening of archery and spring turkey seasons and all vehicles, camps, tents, other camping equipment and litter must be removed no later than 24 hours after the close of the general gun and spring turkey seasons, respectively. During the remainder of the year when the area is open for public access, camping is allowed at designated campsites on Fridays, Saturdays and Sundays only, but campsites may not be left unattended for more than 24 hours. Campsites are available on a first-come, first-served basis. Each camper must ensure that their campsite is clean at all times. At least camping area L shall be designated for short-term camping, with camping being limited to no longer than three days. The alteration, defacing, moving or tampering in any way with official markings of campsites is prohibited. Only tents, trailers, or self-propelled camping vehicles may be used for camping. Lumber, sheet metal or other building materials and the erection of any permanent structure are prohibited.

(d) General regulations:

The take of wildlife with centerfire and rimfire rifles or muzzleloading long guns is prohibited within the Pratt-Whitney buffer zone and within one-fourth mile of the Seaboard Coastline Railroad and Mecca Farms. The take of wildlife with centerfire rifles is prohibited south and east of Stumper’s Grade.
The use or possession of airboats, tracked vehicles, unlicensed and unregistered (non-street legal) motorcycles, or all-terrain vehicles on the area is prohibited year-round.
When check stations are staffed, all persons must check in and out at a check station when entering and exiting the area and check all harvested wildlife. People through-hiking on the Florida Trail may enter or exit the area through the Florida Trail.
Only licensed and registered (street legal) motor vehicles may be possessed or operated and only on named roads as indicated on the brochure map; the access road to the Everglades Youth Conservation Camp, shooting range, and nature interpretive center; and designated parking and camping areas and associated access roads (other than Camp O), except individuals who possess a valid Commission-issued Off-Highway Vehicle (OHV) Hunting Permit may possess and operate swamp buggies and recreational off-highway vehicles (side-by-sides) as authorized by the OHV Hunting Permit conditions.
When the check stations are staffed, no deer may be quartered or dismembered until checked at a check station.
Take of wildlife with dogs is prohibited, except during area-specific general gun, small game, raccoon, and dog training seasons and bird dogs and retrievers may be used for taking coots, doves, ducks, geese, and snipe during their respective statewide seasons. During small game season, the take of wild hog with dogs is prohibited.
Roy R. Burnsed Still Hunt Area: Dogs, except dogs used to take small game during small game season and bird dogs and retrievers used to take coot, doves, ducks, geese, and snipe during their respective statewide seasons, are prohibited in the still hunt area, delineated as that portion of the area starting at the junction of the South Grade and the Main Canal, then south on the South Grade to the Indian Trails Outfall Canal, then south, east, and south along the wildlife management area boundary, then west along the L-8 Canal to its junction with the Big Gopher Canal, then northeast along the Big Gopher Canal to its junction with the Tomato Field Grade, then east along the Tomato Field Grade to its junction with the Tomato Field, then along the western boundary of the Tomato Field to its junction with the Main Canal, then northeast along the Main Canal to the point of beginning.
Deer dogs and bird dogs may be trained only in that portion of the area south and east of Stumper’s Grade and only beginning 14 days prior to the opening of the general gun season and ending 5 days prior to the opening of the general gun season. Taking wildlife with guns is prohibited while training dogs. Individuals participating in the dog-training season may operate street-legal vehicles, side-by-sides, and swamp buggies on Stumper’s Grade and numbered trails in the portion of the area lying south and east of Stumper’s Grade and may operate swamp buggies throughout the portion of the area lying south and east of Stumper’s Grade, except in areas closed to hunting.
During raccoon season, firearms and dogs as specified in paragraph 68A-24.002(2)(b), F.A.C., may be used except in the still hunt areas.
The possession or consumption of alcoholic beverages is prohibited, except they may be transported to the extent that Section 316.1936, F.S., allows, but only on the North, South, and Stumper’s grades, and may only be consumed at designated campsites other than Camp O.
Unauthorized planting of trees and shrubs is prohibited.
Public access is allowed throughout the year except from the Sunday two weeks prior to the opening of archery season until 8:00 a.m. the day prior to the archery season when the area shall be closed to public access except on the portion of the North Grade between the north entrance and the B camp gate and on the portion of Stumper’s Grade between the south entrance and an internal gate where access will be allowed starting 5:00 p.m. three days prior to archery season. Vehicles parked on the North Grade during the closure period shall not be left unattended by a driver. Hiking on the Florida Trail and use of the Hungryland Boardwalk is allowed throughout the year.
Fires other than campfires are prohibited.
Dogs and taking wildlife with guns other than bows are all prohibited in the Bruce Bowman archery still hunt area, delineated as that portion of the area lying north of the Stumpers Grade, east of the powerline, south and west of Game Canal to the buggy bridge and west of the youth camp road to the intersection of the Stumpers Grade.
Taking wildlife, discharging a bow, crossbow, or airgun, or possessing harvested wildlife in the closed-to-hunting portion of the Bruce Bowman archery still hunt area is prohibited.
Archery equipment may be used for hunting during the established muzzleloading gun season in the Bruce Bowman archery still hunt area. All other regulations for muzzleloading gun season shall apply when using archery equipment during this time period.
Persons shall enter and exit the area only at designated entrances.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.
Authorized hunting equipment as defined in Rule 68A-15.004, F.A.C., is prohibited, except from 6 a.m. the day prior to the opening of archery season until 6 p.m. the day following the end of small game season.
Motorized vehicles are prohibited on the Florida Trail, except to cross the trail perpendicularly.

(2) Holey Land Wildlife Management Area.

(a) Open season:

General gun – Walk, Opening 14 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
General gun – Vehicle (tracked vehicles only), Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Archery – Opening 42 days prior to the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening the day after the last day of general gun – vehicle season and closing the first Sunday in March.
Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game (except turkey, crow, and mourning and white-winged doves), fish, frogs and furbearers. Take of antlerless deer is prohibited during the archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one during archery season, one during muzzleloading gun season, one during general gun-walk season and one per tag during the general gun-vehicle season. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping – Only tents, trailers or self-propelled camping vehicles may be used for camping. Camps may not be set up in the area prior to seven days before archery season and all vehicles, camps, tents, other camping equipment and litter must be removed no later than 6:00 p.m. seven days after the close of the general gun season. The erection of any permanent structure is prohibited. During the remainder of the year, camping is allowed on Fridays, Saturdays and Sundays only, but campsites may not be left unattended for more than 24 hours. Camping is allowed only on the L-5 Levee and the Miami Canal Levee.

(d) General regulations:

The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motorized vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. Airboats are prohibited during the archery, muzzleloading gun, general gun-walk, and general gun-vehicle seasons, except airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the vehicle to be operated from a platform or structure attached thereto.
Motorized vehicles are prohibited on tree islands, strands, and wildlife islands.
A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle is assigned as determined by the general gun-vehicle permit.
When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, dismembered, or removed from the area until checked at a check station.
During the general gun-vehicle season, all deer taken shall be immediately tagged.
Taking wildlife with dogs is allowed only during the general gun-vehicle season, except bird dogs and retrievers may be used to take snipe and waterfowl during their respective statewide seasons and dogs may be used to take small game during small game season.
Persons may enter and exit the area from the L-5 or Miami Canal Levee only.
During the general gun-vehicle hunt, the area is closed to walk hunting.
Fires other than campfires are prohibited.
Motorized vehicles are prohibited on all levees except the L-5 and Miami Canal levees.
The construction of docks of any type is prohibited.
No person shall operate any vessel outside of Water Management District canals unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 10 feet above the bottom of the vessel.
All boat ramps, parking areas, roads, camping areas, levees, and adjacent powerline pads are closed to hunting.
No person shall operate any motorized vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.
Beginning the day after the last day of small game season through the second Sunday in April, the use of centerfire rifles for taking wildlife is prohibited.
Beginning the day after small game season ends through the second Sunday in April, shooting hours shall be 1/2 hour before sunrise and until 1/2 hour after sunset.
Authorized hunting equipment as defined in Rule 68A-15.004, F.A.C., is prohibited, except from 6:00 a.m. two weeks prior to the opening of archery season until 6:00 p.m. the Sunday following the end of general gun-vehicle season.
Motorized vehicles are prohibited outside of hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-5 and Miami Canal levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons, by permit only during the general gun-vehicle season, and from the day after the close of small game season through 5:59 a.m. two weeks prior to archery season.
During the general gun-vehicle season, the area is closed to all motorized vehicles and airboats, except street-legal vehicles on designated levees, tracked vehicles authorized by permit, and airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C.

(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may operate airboats and tracked vehicles throughout the area when taking alligators.

(3) Everglades and Francis S. Taylor Wildlife Management Area.

(a) Open season:

General gun – Walk, Opening 14 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, Conservation Areas 3A North and 2A (north of the East/West Airboat Trail) only.
General gun – Vehicle (airboats and tracked vehicles only), Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, in Conservation Area 3A North (tracked vehicles), and Conservation areas 3A South, 2, and the Francis S. Taylor Wildlife Management Area (airboats).
Archery – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter, Conservation Area 3A North only.
Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, in Conservation Area 3A North only.
Small game – Opening the day after the last day of general gun – vehicle season and closing the first Sunday in March.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Throughout year.

(b) Legal to take: All legal game (except turkey and mourning and white-winged doves), fish, frogs and furbearers. Taking of antlered deer not having at least one forked antler and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The forked antler shall have at least two points one inch or greater in length. Take of antlerless deer is prohibited during archery season. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one per season during archery, muzzleloading gun and general gun-walk seasons and one per tag during the general gun-vehicle season. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping: Only tents, trailers or self-propelled camping vehicles may be used for camping. Camps may not be set up in the area prior to 7 days before archery season and all vehicles, camps, tents, other camping equipment and litter must be removed no later than 6:00 p.m. seven days after the close of the general gun season. The erection of any permanent structure is prohibited. Camping during the period from eight days following the close of the general gun season to eight days prior to the archery season is allowed but only on Fridays, Saturdays and Sundays and camps may not be left unattended for more than 24 hours during this period. Overnight camping is prohibited in areas posted as closed to camping.

(d) General regulations:

Taking wildlife with guns on the levee bordering the Hillsboro Canal (L-39) is prohibited.
Motorized vehicles and airboats are prohibited on tree islands, wildlife islands, and tree strands.
The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motorized vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the vehicle to be operated from a platform or structure attached thereto.
Access into Conservation Area 2A during the general gun-walk season is allowed only from the L-6 Levee.
The operation of airboats is prohibited during legal shooting hours in Conservation Area 3A North during archery, muzzleloading gun and general gun seasons, and in Conservation Area 2 (north of the East/West Airboat Trail only) during general gun season.
A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. General gun-vehicle permits may be issued to tracked vehicle and airboat hunters. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle or airboat becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle or airboat is assigned as determined by the general gun-vehicle permit.
During the general gun-vehicle season, all deer taken shall be immediately tagged.
When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, dismembered, or removed from the area until checked at a check station.
During the general gun-vehicle season, Conservation Area 3A North is closed during legal shooting hours to swamp buggies, tracked vehicles, and airboats except those authorized by permit. Frogging (by airboat only) in Conservation Area 3A North is allowed from one hour after sunset to one hour before sunrise.
Motorized vehicles are prohibited on all levees except the L-4, L-5, and L-6 levees.
Taking of wildlife by use of a gun on or from rights-of-way of State Road 84, US 41 or US 27 is prohibited as provided by Rule 68A-4.008, F.A.C.
Taking wildlife with dogs is allowed only during the general gun-vehicle season, except bird dogs and retrievers may be used to take waterfowl and snipe during their respective statewide seasons and dogs may be used to take small game during small game season.
During the general gun-vehicle hunt, walk hunting is prohibited.
Fires other than campfires are prohibited.
The construction of docks of any type is prohibited.
No person shall operate any vessel outside of Water Management District canals unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 10 feet above the bottom of the vessel.
Dogs may be trained in Francis S. Taylor Wildlife Management Area beginning the first Saturday in October and ending nine days thereafter. Taking wildlife with guns in the Francis S. Taylor Wildlife Management Area during the dog training season is prohibited.
All boat ramps, parking areas, roads, camping areas, levees, and adjacent powerline pads are closed to hunting.
No person shall operate any motorized vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.
Commercial recreational activities, such as but not limited to airboat rides, guide services or other tourist services, are prohibited in that portion of Conservation Area 3A South leased to the Miccosukee Tribe of Indians of Florida unless authorized by the Miccosukee Tribe, which has the exclusive right to provide such services in the Leased Area.
Notwithstanding anything to the contrary suggested herein, nothing in law shall limit, diminish or abridge uses by the Miccosukee Tribe and its members who have rights guaranteed under the Indian Land Claims Settlement Act, Lease Agreement and other laws.
Beginning the day after the last day of small game season through the second Sunday in April, the use of centerfire rifles for taking wildlife is prohibited.
Beginning the day after small game season ends through the second Sunday in April, shooting hours shall be 1/2 hour before sunrise until 1/2 hour after sunset.
Authorized hunting equipment as defined in Rule 68A-15.004, F.A.C., is prohibited, except from 6:00 a.m. two weeks prior to the opening of archery season until 6:00 p.m. the Sunday following the end of general gun-vehicle season.
Motorized vehicles are prohibited outside of hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-4, L-5, and L-6 levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons and by permit only during legal shooting hours in Conservation Area 3A North during the general gun-vehicle season.

(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may operate airboats and tracked vehicles throughout the area when taking alligators.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

General gun – Walk, Opening 14 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
General gun – Vehicle (tracked vehicles only), Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Archery – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – Opening the day after the last day of general gun – vehicle season and closing the first Sunday in March.
Migratory birds – During seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game (except turkey and mourning and white-winged doves), furbearers, fish and frogs. Take of antlerless deer is prohibited during archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one per season during archery, muzzleloading gun and general gun-walk seasons and one per tag during the general gun-vehicle season. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping: Camping is allowed only on the Miami Canal, Manley Ditch and Powerline levees. Only tents, trailers or self-propelled camping vehicles may be used for camping. Camps may not be set up in the area prior to seven days before archery season and all vehicles, camps, tents, other camping equipment and litter must be removed no later than 6:00 p.m. seven days after the close of the general gun-vehicle season. The erection of any permanent structure is prohibited. Camping during the period from eight days following the close of the general gun season to eight days prior to the archery season is allowed but only on Fridays, Saturdays and Sundays, and camps may not be left unattended for more than 24 hours during this period.

(d) General regulations:

A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle is assigned as determined by the general gun-vehicle permit.
Motorized vehicles are prohibited on wildlife islands, tree islands, and tree strands.
Deer taken during the general gun-vehicle season shall be immediately tagged.
When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, dismembered, or removed from the area until checked at a check station.
The construction of docks of any type is prohibited.
The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motorized vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. Airboats are prohibited during the archery, muzzleloading gun, general gun-walk, and general gun-vehicle seasons, except airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the vehicle to be operated from a platform or structure attached thereto.
The area is closed to all motorized vehicles and airboats during the general gun-vehicle season, except street-legal vehicles on designated levees, tracked vehicles authorized by permit, and airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C.
Taking wildlife with dogs is allowed only during the general gun-vehicle season, except bird dogs and retrievers may be used to take snipe and waterfowl during their respective statewide seasons and dogs may be used to take small game during small game season.
Fires other than campfires are prohibited.
During the general gun-vehicle hunt, walk hunting is prohibited.
Persons may enter and exit the area from the L-4, Powerline, Miami Canal and Manley Ditch Levees only.
No person shall operate any vessel outside of Water Management District canals unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 10 feet above the bottom of the vessel.
All boat ramps, parking areas, roads, camping areas, levees, and adjacent powerline pads are closed to hunting.
No person shall operate any motorized vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.
Beginning the day after the last day of small game season through the second Sunday in April, the use of centerfire rifles for taking wildlife is prohibited.
Beginning the day after small game season ends through the second Sunday in April, shooting hours shall be 1/2 hour before sunrise until 1/2 hours after sunset.
Authorized hunting equipment as defined in Rule 68A-15.004, F.A.C., is prohibited, except from 6:00 a.m. two weeks prior to the opening of archery season until 6:00 p.m. one day after the end of general gun-vehicle season.
Motorized vehicles are prohibited outside of hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-4, Manley Ditch, Miami Canal, and Powerline levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons, by permit only during the general gun-vehicle season, and from the day after the close of small game season through 5:59 a.m. two weeks prior to archery season.
Motorized vehicles are prohibited on all levees, except the L-4, Manley Ditch, Miami Canal, and Powerline levees.

(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may operate airboats and tracked vehicles throughout the area when taking alligators.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

General gun – Opening 12 days prior to Thanksgiving Day and closing January 1 (except in the Deep Lake, Stairsteps and Loop units), unless January 1 falls on a Thursday, Friday, or Saturday, in which case the season would close on the following Sunday in open units.
Small game – Opening the day following the last day of general gun season and closing February 1, except opening the second Saturday in November and closing February 1 in the Loop and Stairsteps units.
Archery – Opening the Saturday prior to Labor Day and closing 29 days thereafter in all units (except Loop and Stairsteps) and reopening 21 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter and reopening 12 days prior to Thanksgiving Day and closing January 1 in the Deep Lake Unit only, unless January 1 falls on a Thursday, Friday or Saturday, in which case the season would close on the following Sunday.
Muzzleloading gun – Opening 21 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, except in the Deep Lake , Loop, and Stairsteps units.
Youth turkey – During the youth turkey hunt established by Chapter 68A-13, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Migratory birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game (except armadillo), fish, frogs, coyote and nutria. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In the Corn Dance Unit, taking of deer not having at least one antler with four or more points is prohibited. The take of deer in the Loop and Stairsteps units is prohibited; however, this prohibition will be reviewed every two years beginning after the close of the 2026-27 hunting season to determine if the regulation is appropriate or should be repealed. The taking of turkey or antlerless deer during the archery season is prohibited. The take of wild turkey by non-residents during the first 9 days of the zonal spring turkey season is prohibited in non-quota units. The bag limit for deer is one annually (by hunting season not calendar year). The take of wild turkey by non-residents during the first 9 days of the zonal spring turkey season is prohibited in non-quota units. The bag limit for turkey is one per day, two per spring turkey season.

(c) Camping – Permitted in accordance with the general regulations of the National Park Service. Additionally, camping is allowed on the Bear Island Unit by the use of tents, trailers, and self-propelled vehicles at designated campsites only. Camping is allowed on designated campsites on other units. Primitive camping is not limited to designated campsites except on Bear Island Unit.

(d) General regulations:

Taking wildlife with dogs is prohibited, except that bird dogs and retrievers may be used for hunting migratory birds during their respective statewide seasons and during small game season dogs may be used for hunting small game. Hunting wild hog with dogs is prohibited. The possession of dogs (other than for hunting purposes) is prohibited except as authorized by National Park Service regulations. Leashed dogs may not be used for trailing wounded game.
The removal of any plant is prohibited.
All vehicles used off-road shall have a National Park Service registration.
Vehicular use by the public on Eleven-mile Road or the Florida Trail is prohibited. Vehicles may cross Eleven-mile Road at designated and marked crossing points only. Only vehicles equipped with pneumatic tires may be operated on the Jetport Road. Parking of vehicles is prohibited on Jetport Road.
When check stations are staffed, hunters must check in at a designated check station when entering the area, check out at the same check station when exiting the area, and must check all harvested wildlife. Deer, wild hog and turkey may be divided or consumed in the field, but each portion must be identified by the number of the license of the person killing it and be readily traceable to the portion of the animal bearing evidence of legal harvest. Jaw bones of the deer must be saved for use by the Commission.
Public access inside any fenced portion of the Jetport property is prohibited.
Taking wildlife by use of a gun on or from rights-of-way of County Roads 839, 841, 837 or Burns Road or State Road 84 or 94 or US 41 or the L-28 Interceptor Canal levees is prohibited as provided by Rule 68A-4.008, F.A.C.
The intentional destruction, defacement or removal of any natural or cultural feature or nonrenewable resource is prohibited.
Draining or dumping refuse or wastes from any trailer or other vehicle is prohibited.
The collection of plants, rocks, minerals, animal life, or other natural objects is allowed only in accordance with written permits obtained in advance from the National Park Service.
Constructing a building or other structures is prohibited, unless permitted by the National Park Service.
Fires are allowed only on designated camping areas or in back country campsites and must be completely extinguished prior to the user leaving the campsite.
No person shall enter or exit the area north of I-75 by any route except via the north end of Turner River Road through the Bear Island check station or at other designated entry points along I-75.
All airboats shall be equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 10 feet above the bottom of the vessel.
The take of wildlife with guns other than muzzleloading guns or bow and arrow in the Deep Lake Unit is prohibited.
Motorized vehicles are prohibited in the Addition Unit except that licensed and registered vehicles may be operated on designated portions of L-28 Interceptor Canal levees north of I-75.
Taking wildlife with centerfire rifles is prohibited during small game season in the Deep Lake, Loop, and Stairsteps units.
Bicycles may be operated only as authorized by National Park Service regulations.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 8 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only).
Family hunt – Opening 9 days after Thanksgiving Day and closing 1 day thereafter.
General gun – Opening 7 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 days later and closing 4 days thereafter.
Small game – Opening the second Saturday in October and closing the first Sunday in February (except during the family hunt).
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 days later and closing 4 days thereafter.
Migratory birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery, muzzleloading gun, family and general gun seasons, the bag limit for deer shall be one per quota permit, except during the family hunt when the bag limit shall be two per quota permit, but no more than one per person. The taking of antlerless deer is prohibited during archery season. One gobbler or bearded turkey may be taken per spring turkey or youth turkey quota permit. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping: Camping is allowed only at designated campsites. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Taking wildlife with dogs is prohibited, except dogs may be used for taking small game during small game season and for taking doves, snipe, and waterfowl during their respective statewide seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C. The take of wild hog with dogs is prohibited.
The use of tracked vehicles, airboats, or off-highway vehicles (including all-terrain vehicles, side-by-sides, unlicensed and unregistered motorcycles and swamp buggies) is prohibited, except by permit from the applicable lead land manager (Florida Forest Service or FWC).
Motor vehicles may be operated only on named or numbered roads and named or numbered trails.
Horses are allowed on named or numbered roads or designated trails only.
When the check station is staffed, hunters must check in and out at the designated check station when entering and exiting the area and check all harvested wildlife.
When the check station is staffed, no deer or turkey may be dismembered until checked at the check station.
Fires other than campfires are prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(7) Fisheating Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 29 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only), west of US Highway 27 only.
Muzzleloading gun – Opening 8 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only), west of US Highway 27 only.
General gun – Opening 13 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter, west of US Highway 27 only.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., west of US Highway 27 only.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter, west of US Highway 27 only.
Special-opportunity spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 8 days later and closing 6 days thereafter, east of US Highway 27 only.
Wild hog-still – Opening 5 days prior to the fourth Thursday in November and closing 1 day thereafter, west of US Highway 27 only.
Small game – The first Saturday in December through the third Sunday in February west of US Highway 27 only.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C., west of US Highway 27 only.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers except that turkeys may not be taken during the archery season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for deer shall be two per quota permit, but no more than one per person. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. One gobbler (or bearded turkey) may be taken per youth turkey quota or special-opportunity spring turkey permit. East of US Highway 27, gobblers or bearded turkeys may only be taken during the special-opportunity spring turkey season from one-half hour before sunrise until 1:00 p.m. During the wild hog-still season, only wild hog may be taken. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping: Primitive camping is allowed year-round throughout the area, except at the concessionaire-operated public campground in Palmdale. At the Palmdale campground, camping shall be by permit only and only tents, trailers or self-propelled camping vehicles may be used.

(d) General regulations:

Entry into or exit from the area at locations other than designated entrances is prohibited.
The use of any vehicle, including but not limited to tracked vehicles, all-terrain vehicles, or motorcycles, is prohibited. The use of personal watercraft or horses is prohibited. The use of airboats is prohibited west of the “head of the bushes.” An airboat use permit issued by the Commission shall be required for all airboats operating in the management area.
When the check station is staffed, hunters must check in and out at the check station located at the Palmdale campground when entering and exiting the area and check all harvested wildlife. Hunters may access the area only from the Palmdale campground, except special-opportunity turkey hunters may access the special-opportunity hunt area from the right-of-way US Highway 27, provided they check in and out at the check station.
Public access, other than by foot, bicycle, or boat, is prohibited, except registered and licensed vehicles and golf carts, as defined by Section 320.01(22), F.S., may be operated within the Palmdale campground. Entry into or exit from locations other than via Fisheating Creek at its intersections with C.R. 731, and at US 27 in Palmdale, and at the Mainstreet access at Palmdale, and at S.R. 78 near Lakeport, is prohibited.
Taking wildlife with dogs is prohibited.
When the check station is staffed, no deer or turkey may be dismembered until checked at the check station.
Fires other than campfires are prohibited.
West of US Highway 27 only, turkeys harvested during spring turkey season may be divided in the field provided each portion shall be labeled with the date and time of harvest and the name, address, and hunting license number (if required) of the person that harvested the turkey. Each portion of the divided turkey must be readily traceable to evidence of legal harvest.
Discharge of a bow, crossbow, or airgun or taking wildlife on or from the Palmdale Campground, Knobby Knee Boardwalk, or the associated entrance road or parking lot is prohibited.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, and reopening 8 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only).
General gun – Opening 19 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 3 days later and closing 6 days thereafter.
Small game – Opening 4 days after the last day of general gun season and closing February 15.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, and reopening 3 days later and closing 4 days thereafter.
Migratory birds – During the seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.
General gun for mobility impaired – Opening 5 days prior to general gun season and closing 1 day thereafter.
Family hunt – Opening 7 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of 10 or more inches in length is prohibited, except by persons less than 16 years of age. The bag limit for deer during the archery, muzzleloading gun, family hunt, and general gun seasons shall be two antlered deer per quota permit, but no more than one per person. During the general gun for mobility-impaired season, the bag limit for deer shall be one antlered and one antlerless deer per quota permit, but only mobility-impaired hunters may take an antlerless deer. Taking antlerless deer is prohibited, except during the general gun for mobility-impaired season. The taking of wild turkey is prohibited during archery season. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.

(c) Camping: Prohibited, except as authorized by the Florida Forest Service. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Taking wildlife with dogs is prohibited except dogs may be used to take small game during small game season and for taking doves, snipe, and waterfowl during their respective statewide seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C. The take of wild hog with dogs is prohibited.
The use of airboats is prohibited. Off-Highway Vehicles (all-terrain vehicles, tracked vehicles, and off-highway motorcycles) are prohibited except by permit from the Florida Forest Service and as provided in subparagraph 68A-15.064(8)(d)3., F.A.C.
Only licensed and registered vehicles may be operated on the area, and only on designated roads, parking areas, and other areas as designated by the Florida Forest Service, except swamp buggies and ROVs (side-by-sides) may be used on designated roads only in that portion of the area east of and including Miller Blvd. and south of and including Berson Blvd. during the small game season by individuals who possess a released quail permit and during and 1 week prior to the opening of the archery, muzzleloading gun, family hunt, general gun for mobility-impaired, general gun, and spring turkey seasons by individuals who passess a valid quota permit and their guests. During the general gun for mobility-impaired season, ATVs and ROVs may also be operated off-road, but only by individuals authorized to participate in the hunt.
Fires other than campfires are prohibited.
Public access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise, except individuals who possess a valid camping permit and their guests may also access designated campsites during the dates listed on their permit and individuals participating in a hunt may also access the area beginning 3 hours before sunrise and must exit the area by 3 hours after sunset during established seasons.
Taking wildlife with centerfire rifles is prohibited during small game season.
During the small game season only, northern bobwhite may be released and taken by centerfire or muzzleloading shotgun in the designated area as shown on the hunt map, provided each individual or group participating possesses a daily released quail permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.

(9) Dinner Island Ranch Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Fridays, Saturdays, Sundays, and Mondays only).
Muzzleloading gun – Opening 8 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 6 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Beginning the day following the close of the family hunt season through the Sunday prior to the youth turkey hunt.
Family hunt – Opening the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, and reopening 27 days later and closing 1 day thereafter.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only) and reopening 19 days later and closing 2 days thereafter.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Dove (dove field only) – Saturdays during the mourning and white-winged dove season established by Rule 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be one per quota permit, except during the family hunt when the bag limit shall be two per quota permit, but no more than one per person. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. The taking of antlerless deer and turkey is prohibited during archery season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(c) Camping: Prohibited, except in designated campgrounds by permit as provided by Rule 68A-15.004, F.A.C. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Taking wildlife with dogs is prohibited except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
The use of tracked vehicles, swamp buggies, airboats, unlicensed and unregistered motorcycles, or all-terrain vehicles is prohibited, except that swamp buggies and all-terrain vehicles may be operated during the archery, muzzleloading gun, and general gun seasons by individuals participating in the hunt.
Vehicles may be operated only on named or numbered roads.
Horses are prohibited during archery, muzzleloading gun, general gun, family hunt and spring turkey seasons. Horses are allowed on named or numbered roads and named or numbered trails only.
When the check station is staffed, hunters must check in and out at the designated check station when entering and exiting the area and check all harvested wildlife, except for those participating in dove hunts.
When the check station is staffed, no deer or turkey may be dismembered until checked at the check station.
Fires other than campfires are prohibited.
Shooting hours for dove hunts shall be from one-half hour before sunrise until sunset. Hunters may enter the posted field no earlier than one hour before shooting time and shall exit the field within one hour after sunset. During the statewide dove season, hunting is prohibited on posted dove fields, except on Saturdays. Outside dove season, individuals may participate in hunting activities on the dove field as allowed by season.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.
Persons shall enter and exit the area only at the designated entrance.
Motorized vehicle access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise, except individuals who possess a valid camping permit and their guests may access their designated campsite at any time during the dates listed on their permit.

(10) Spirit-of-the-Wild Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Fridays, Saturdays, Sundays, and Mondays only).
Muzzleloading gun – Opening 8 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Small game – Opening the second Saturday in October and closing the Sunday prior to the youth turkey hunt.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only) and reopening 19 days later and closing 2 days thereafter.
Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.
Bear – During the open season established for the South BMU in Rule 68A-13.004, F.A.C.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be two per quota permit, but no more than one per person. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. During the youth turkey season, one gobbler (or bearded turkey) may be taken per quota permit. The taking of antlerless deer and turkey is prohibited during archery season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun-walk season established for this area.

(d) General regulations:

Taking wildlife with dogs is prohibited except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
The use of tracked vehicles, swamp buggies, airboats, unlicensed and unregistered motorcycles, and all-terrain vehicles is prohibited, except that swamp buggies and all-terrain vehicles may be operated during the archery, muzzleloading gun, and general gun seasons by individuals participating in the hunt.
Motor vehicles may be operated only on named roads. During the archery, muzzleloading gun, and general gun seasons, motor vehicles may also be operated on named or numbered trails by individuals participating in the hunt.
Horses are prohibited during periods open to hunting. During non-hunting periods, horses are allowed on named or numbered roads and trails and on designated equestrian trails only.
When the check station is staffed, hunters must check in and out at the designated check station when entering and exiting the area and check all harvested wildlife.
When the check station is staffed, no deer or turkey may be dismembered until checked at the check station.
Fires are prohibited.

(11) Allapattah Flats Wildlife Management Area.

(a) Open season:

Archery – Opening 7 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Saturdays, Sundays, Mondays, and Tuesdays only).
Muzzleloading gun – Opening 28 days after the first day of the Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening 42 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
General gun – Opening 49 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing four 4 days thereafter and reopening the Friday prior to Christmas Day and closing two days thereafter.
Small game – Opening the day after the last day of general gun season and closing the second Sunday in January.
Youth turkey – During the youth turkey hunt established by Chapter 68A-13, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter.
Migratory birds – During the seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing – Allowed throughout the year.
Wild hog-still – Opening the fourth Saturday of the month and closing 8 days thereafter in March and April.
General gun for mobility-impaired – Opening 35 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.

(b) Legal to take: All legal game, fish, and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Taking antlerless deer is prohibited, except during the archery and general gun for mobility-impaired seasons. Wild turkey may only be taken during the spring turkey season. The bag limit for deer shall be one antlered deer per quota permit, except during the archery season when the bag limit shall be one antlered or one antlerless deer per quota permit, the general gun for mobility-impaired season when the bag limit shall be one antlered and one antlerless deer per quota permit, but only mobility-impaired hunters may take an antlerless deer, and during the family hunt when the bag limit for deer shall be two antlered deer per quota permit, but no more than one per person. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the family hunt and general gun seasons established for this area.

(d) General regulations:

Fires are prohibited except at designated campsites.
Motor vehicles are prohibited except beginning 3 days prior to the opening of archery, muzzleloading gun, family hunt, general gun, small game, youth turkey, spring turkey, and wild hog-still seasons through 6 p.m. one day after the close of each of these seasons and during the dove, waterfowl, and snipe seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C., when motor vehicles may be operated on numbered trails by individuals participating in the hunt. Beginning 3 days prior to the general gun for mobility-impaired season through 6:00 p.m. one day after the close of this season, motor vehicles may be operated on numbered trails and ATVs may be operated on numbered trails and off-trail by individuals authorized to participate in the hunt.
Tracked vehicles, swamp buggies, airboats, unlicensed and unregistered motorcycles, and all-terrain vehicles are prohibited, except ATVs may be used during the general gun for mobility-impaired season by individuals authorized to participate in the hunt.
Taking wildlife with dogs is prohibited, except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. Take of wild hog with dogs is prohibited.
Horses are allowed on named equestrian trails and designated equestrian areas only.
Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited during the small game season.
Persons shall enter and exit the area only at designated entrances.

(12) Everglades Headwaters Wildlife Management Area – Kissimmee Bend Unit.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Saturdays, Sundays, Mondays, and Tuesdays only).
Muzzleloading Gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the day after Thanksgiving Day and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Saturdays, Sundays, and Mondays only).
Small game – During the quail season established by Rule 68A-13.004, F.A.C., except during the family hunt and general gun seasons.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Saturdays, Sundays, and Mondays only).
Migratory birds – During seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed year-round.

(b) Legal to take: All legal game, fish, frogs, and furbearers (except bobcat and otter). Taking of antlered deer not having at least 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery, muzzleloading gun, and general gun seasons, the bag limit for deer shall be 1 antlered deer per quota permit. During the family hunt, the bag limit for deer shall be 2 antlered deer per quota permit but no more than 1 per person. The taking of antlerless deer is prohibited during archery season. The take of beardless hen wild turkey is prohibited. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken per quota permit. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.

(c) Camping: Prohibited except by permit from the Florida Forest Service or United States Fish and Wildlife Service in designated campsites only. Recreational Vehicles (RVs) and camp trailers are prohibited.

(d) General regulations:

All persons must enter and exit the area at a designated entrance.
Public access is allowed year-round, except during: nighttime hours (one-half hours after sunset until one-half hours before sunrise) when only individuals who possess a valid camping permit and persons legally participating in hunts may access the area; quota hunts when only quota permit holders and their guests may access the area; the family hunt when only the quota permit holder, up to 2 youth hunters, and 1 non-hunting guest may access the area; and the youth turkey hunt when only the quota permit holder, 1 adult supervisor, and 1 non-hunting guest may access the area.
Motor vehicle access is prohibited, except individuals participating in hunts may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during archery, muzzleloading gun, general gun, family hunt, small game, youth turkey, and spring turkey seasons and for hunting-related activities 3 days before and after each of these seasons and individuals who possess a valid camping permit may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during the dates listed on their permit. At all other times, public access other than by foot, horseback, or bicycle is prohibited.
Airboats, off-highway vehicles, swamp buggies, and tracked vehicles are prohibited, except: by permit from the Florida Forest Service or United States Fish and Wildlife Service; or during and 1 day before and after quota hunts when individuals possessing a valid quota permit and their guests may operate all-terrain vehicles, recreational off-highway vehicles (ROVs), and swamp buggies on designated roads and trails as indicated on the brochure map.
Horses are prohibited, except on designated roads and trails as indicated on the brochure map.
Taking wildlife with dogs is prohibited, except bird dogs and retrievers may be used to hunt migratory birds in season and any dog may be used to hunt small game during small game season. The take of wild hog with dogs is prohibited.
Fires, other than campfires by permitted campers in designated campsites, are prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.
Bicycles may be operated only on designated roads and trails as indicated on the brochure map.

(13) Everglades Headwaters National Wildlife Refuge Wildlife Management Area – Okeechobee Unit.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 7 days later and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 6 days later and closing 3 days thereafter.
Muzzleloading Gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the Friday before Christmas Day and closing 2 days thereafter.
General Gun – Opening the day after Thanksgiving Day and closing 2 days thereafter, reopening 33 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Small game – During the quail season established by Rule 68A-13.004, F.A.C, except during the family hunt and general gun seasons.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 10 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.
Migratory birds – During seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Fishing is prohibited. Frogging is allowed year-round.

(c) Camping: Prohibited except by permit from the United States Fish and Wildlife Service and in designated campsites only. Recreational Vehicles (RVs) and camp trailers are prohibited.

(d) General regulations:

All persons must enter and exit the area at a designated entrance.
Public access is allowed year-round, except during: nighttime hours (one-half hours after sunset until one-half hours before sunrise) when only individuals who possess a valid camping permit and persons legally participating in hunts may access the area; quota hunts when only quota permit holders and their guests may access the area; the family hunt when only the quota permit holder, up to 2 youth hunters, and 1 non-hunting guest may access the area; and the youth turkey hunt when only the quota permit holder, 1 adult supervisor, and 1 non-hunting guest may access the area.
Motor vehicle access is prohibited, except individuals participating in hunts may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during archery, muzzleloading gun, general gun, family hunt, small game, youth turkey, and spring turkey seasons, for hunting-related activities 3 days before and after each of these seasons, from 4 days after the last day of archery season through the last day of phase 1 of the statewide mourning and white-winged dove season established by Rule 68A-13.008, F.A.C., and from November 1 through 4 days prior to small game season; and individuals who possess a valid camping permit may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during the dates listed on their permit. At all other times, public access other than by foot, horseback, or bicycle is prohibited.
Airboats, off-highway vehicles, swamp buggies, and tracked vehicles are prohibited, except by permit from the United States Fish and Wildlife Service or during and 1 day before and after quota hunts when individuals possessing a valid quota permit and their guests may operate all-terrain vehicles, recreational off-highway vehicles (ROVs), and swamp buggies on designated roads and trails as indicated on the brochure map.
Horses are prohibited, except on designated roads and trails as indicated on the brochure map.
Hunting with dogs is prohibited, except bird dogs and retrievers may be used to hunt migratory birds in season and any dog may be used to hunt small game during small game season. The take of wild hog with dogs is prohibited.
Only non-toxic ammunition approved by the U.S. Fish and Wildlife Service shall be used for taking wildlife.
Bicycles may be operated only on designated roads and trails as indicated on the brochure map.
Fires are prohibited.

(14) Dinner Island Ranch Wildlife Management Area – Caracara Unit

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Saturdays, Sundays, Mondays, and Tuesdays only).
Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun for mobility-impaired – Opening the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing one day thereafter.
General gun – Opening 14 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Saturdays, Sundays, and Mondays only).
Small game – Opening 19 days prior to Thanksgiving Day and closing 15 days thereafter (Saturdays and Sundays only), reopening 4 days later and closing 3 days thereafter, reopening 6 days later and closing 1 day thereafter, reopening 13 days later and closing 15 days thereafter (Saturday and Sunday only), and reopening 27 days later and closing 15 days thereafter (Saturday and Sunday only).
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 10 days later and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter.
Waterfowl – Opening 2 days after the first day of wood duck and teal season as established by subparagraph 68A-13.003(3)(a)1., F.A.C., and closing 6 days thereafter, reopening 5 days prior to the last Saturday in December, and closing 4 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 8 days prior to the last Sunday in January and closing 8 days thereafter (only species as allowed by the respective statewide seasons established by Rule 68A-13.003, F.A.C.).
Dove – Opening the first day of the first phase of mourning and white-winged dove season as established by subparagraph 68A-13.008(1)(a)1., F.A.C., and closing 6 days thereafter, reopening 5 days prior to the last Saturday in December and closing 4 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 8 days prior to the last Sunday in January and closing 8 days thereafter.
Snipe – Opening 5 days prior to the last Saturday in December and closing 4 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 8 days prior to the last Sunday in January and closing 8 days thereafter.
Fishing and frogging – Allowed year-round.

(b) Legal to take:

All legal game, fish, frogs, and furbearers. The bag limit for deer is one antlered deer per quota permit during the archery, muzzleloading gun, and general gun seasons. During the general gun for mobility-impaired season, the bag limit for deer is one antlered and one antlerless deer per quota permit, but only mobility-impaired hunters may take an antlerless deer. The bag limit for wild turkey is one gobbler or bearded turkey per youth or spring turkey quota permit. Taking antlered deer not having at least one antler with four or more points or a main beam of 14 or more inches in length is prohibited, except by youth less than 16 years of age. Taking antlerless deer is prohibited, except during the general gun for mobility-impaired season. Taking wild turkey is prohibited during archery season. During the small game season, taking quail prior to the second Saturday in November is prohibited. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.

(c) Camping: Prohibited, except in designated camping areas by permit as provided by Rule 68A-15.004, F.A.C. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General Regulations:

Public access is allowed year-round, except during quota hunts, when only individuals possessing a valid quota permit and their guests may access the area.
Motorized vehicles (including airboats and off-highway vehicles) are prohibited, except street-legal vehicles may be operated from one and one-half hours before sunrise until one and one-half hours after sunset on designated roads and parking areas as indicated on the hunt map and ATVs and recreational off-highway vehicles (side-by-sides) may be operated on the area during the general gun for mobility-impaired season by individuals authorized to participate in the hunt.
Motor vehicles must enter and exit the area at a designated entrance only.
Taking wildlife with dogs is prohibited, except bird dogs and retrievers may be used to take migratory birds listed as legal to take during the dove, waterfowl, and snipe seasons and any dog may be used to hunt small game during the small game season. Taking wild hog with dogs is prohibited.
Fires are prohibited, except at designated campsites by persons with a valid camping permit during the dates listed on their permit.
Horses are prohibited.
Parking a vehicle outside the designated parking areas as indicated on the hunt map is prohibited, except for individuals participating in the mobility-impaired hunt.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 7-27-83, 9-27-83, 7-5-84, 7-1-85, 5-7-86, 8-5-86, 5-10-87, 8-24-87, 5-1-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-1-92, 7-1-93, 7-1-94, 7-1-95, 8-15-95, 7-1-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.064, Amended 11-17-99, 7-1-00, 7-1-01, 6-2-02, 2-27-03, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 1-19-10, 7-1-10, 8-26-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 9-18-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 10-11-23, 7-1-24, 8-5-25, 9-17-25, 7-1-26, 7-31-26.

Fla. Admin. Code R. 68A-15.065 Specific Regulations for Wildlife Management Areas – Northeast Region

(1) Herky Huffman/Bull Creek Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 1 day later and closing 55 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 1 day later and closing 27 days thereafter.
Muzzleloading gun – Opening 14 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Raccoon – Opening the Monday 72 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 34 days thereafter (every other Monday through Sunday only) (from 1.5 hours before sunset on Monday until 1.5 hours after sunrise on Sunday).
Fishing and frogging – Throughout the year.

(c) Camping: Allowed by permit only at designated campgrounds during periods in which hunting is allowed and throughout the year at designated campsites on the Florida National Scenic Trail for persons hiking through on the Florida National Scenic Trail (persons hiking through and camping on the Florida National Scenic Trail are exempt from camping permit requirements). Camping equipment may be taken onto the area no earlier than 8:00 a.m. seven days prior to the opening of archery season and shall be removed from the area before 6:00 p.m. seven days following the end of the spring turkey season. Camping shall be allowed from 8:00 a.m. one day prior to each season through 6:00 p.m. one day following each season. Only tents, trailers or self-propelled camping vehicles may be used for camping. The name, address and telephone number of the person responsible for each campsite shall be visibly affixed to camping shelters.

(d) General regulations:

Hunters shall enter and exit at a designated entrance.
During periods when the check station is staffed, hunters shall check in and out at a check station and check all wildlife taken. During periods when the check station is staffed, persons hunting and entering via the designated non-motorized entrances on Crabgrass Road shall have a daily permit issued from the check station in their possession (except during the small game and raccoon seasons).
Persons engaging in recreational activities other than hunting shall enter and exit at a designated entrance, except persons hiking through on the Florida National Scenic Trail.
Vehicles or horses may be used only on named or numbered roads or named or numbered trails. During archery, muzzleloading gun and general gun seasons, vehicles may not be operated on Cemetery Road beyond the cemetery.
No deer or wild hog shall be quartered or otherwise dismembered in the hunt area.
Airboats, tracked vehicles and unlicensed and unregistered motorcycles are prohibited.
Hunting with dogs is prohibited, except that any dog may be used to take small game during the small game season; and any dog may be used to hunt raccoon during the raccoon season. During other seasons, only bird dogs are allowed for taking small game. The take of wild hog with dogs is prohibited.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area after 8 a.m. seven days prior to the opening of the hunt and shall be removed from the WMA before 6:00 p.m. seven days following the close of the hunt.

(2) Ocala Wildlife Management Area.

(a) Open season:

General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter (Pipeline, Lake Delancy and Hopkins Prairie units only).
General gun dog – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Church Lake Unit only).
General gun still – Opening 21 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Church Lake Unit only).
Small game – Opening the day after the last day of the general gun still season and closing the first Sunday in March (Church Lake Unit only) and opening the day after the last day of the general gun season and closing the first Sunday in March (Pipeline, Lake Delancy and Hopkins Prairie units only).
Archery – Opening 42 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 8 days prior the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, in the Church Lake, Hopkins Prairie and Lake Delancy units only.
Fox, opossum, bobcat and raccoon – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 155 days thereafter.
Migratory game birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening 5 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Dove – During the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Trapping – December 1 through March 1.
Fishing and frogging – Throughout the year.

(b) Legal to take:

All legal game, fish, frogs and furbearers. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlered deer may only be taken in the Church Lake Unit during the archery season, muzzleloading gun season the first 9 days of the general gun season and the general gun still season. Deer daily bag one per person. Antlerless deer may not be taken during the archery season.
Furbearing animals – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., through March 1, hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only in the Pipeline and Church Lake units. Raccoons may also be hunted, with dogs only, opening the day after the first Sunday in March and closing 41 days thereafter only in that portion of the Pipeline Unit south of S.R. 40 and west of S.R. 19. The hunting of fox, coyote, and bobcat (when it coincides with the statewide bobcat season) shall be allowed 24 hours a day and by the use of dogs during the general gun season in the Pipeline Unit only and from the day after the last day of the general gun season and closing 97 days thereafter, only in that portion of the Pipeline Unit south of S.R. 40 and west of S.R. 19.

(c) Camping: Throughout the year. Use of trailers or self-propelled camping vehicles is prohibited except in designated campsites. During the general gun season, use of tents is prohibited except in designated campsites.

(d) General regulations:

Hunting with dogs is prohibited in the Hopkins Prairie and Lake Delancy units, except any dog may be used to take small game during small game, and bird dogs and retrievers are allowed during September duck, dove, and duck, geese and coot seasons. Any dog may be used to take small game during small game season in the Church Lake and Pipeline Units. Taking deer with dogs is prohibited in the Church Lake Unit during the general gun still hunt.
Taking of wildlife by use of a gun on or from rights-of-way of all paved roads, Forest Road 69 from State Road 42 to County Road 445, Forest Road 14, Forest Road 13, Blue Creek Lodge Road, Deerhaven Road, North Boulevard, Forest Road 46 east of Forest Road 33, Forest Road 33 south of Forest Road 46, Forest Road 05 south of Forest Road 38 and all Forest Service and county roads in the Church Lake Unit is prohibited as provided by Rule 68A-4.008, F.A.C.
Deer dogs may be trained only in the Pipeline Unit, beginning 14 days prior to the opening of the general gun season and ending nine days thereafter.
Dogs may be used to pursue rabbits from the day after the last day of the general gun season and closing 97 days thereafter in that portion of the Pipeline Unit south of S.R. 40 and west of S.R. 19.
Motorized vehicles are allowed only on designated, named or numbered roads and mixed-use roads, except all-terrain vehicles are allowed only on designated motorized trails and mixed-use roads.
Taking wildlife with centerfire rifles is prohibited during small game season.

(e) The Ocala Wildlife Management Area consists of four units described as follows:

Hopkins Prairie Unit – Starting at the junction of F.R. 11 and S.R. 40, then north on F.R. 11 to its junction with C.R. 314, then northeast on C.R. 314 to its junction with S.R. 19, then north on S.R. 19 to its junction with Salt Springs Run, then southeast along Salt Springs Run to the wildlife management area boundary, then south along the wildlife management area boundary to its junction with Juniper Creek, then west along Juniper Creek to its junction with S.R. 19, then north on S.R. 19 to its junction with the north boundary of the Juniper Springs Wilderness Area, then west along the north boundary of the Juniper Springs Wilderness Area to its junction with F.R. 33, then south on F.R. 33 to its junction with S.R. 40, then west on S.R. 40 to its junction with F.R. 11 and the point of beginning.
Lake Delancy Unit – Starting at the junction of the wildlife management area boundary (Ocklawaha River) and C.R. 316, then north, east, and south along the wildlife management area boundary to its junction with Salt Springs Run, then northwest along Salt Springs Run to its junction with S.R. 19, then south on S.R. 19 to its junction with C.R. 314, then southwest on C.R. 314 to its junction with F.R. 11, then north on F.R. 11 to its junction with C.R. 316, then west on C.R. 316 to its junction with the wildlife management area boundary and the point of beginning.
Pipeline Unit – Starting at the junction of N.E. 147th Ave. Rd. and C.R. 314, then northwest on N.E. 147th Ave. Rd. to its junction with N.E. 86th Ln., then northeast on N.E. 86th Ln., to its junction with N.E. 147 Ct., then north on N.E. 147 Ct., to its junction with N.E. 88 St., then west on N.E. 88 St, to its junction with N.E. 146th Ave., then north on N.E. 146th Ave. to its junction with N.E. 89th Lane, then west on N.E. 89th Lane to it junction with N.E. 144th Terr., then north on N.E. 144th Terr. to its terminus, then north to the wildlife management area boundary, then north along the wildlife management area boundary to its junction with C.R. 316, then east on C.R. 316 to its junction with F.R. 11, then south on F.R. 11 to its junction with S.R. 40, then east on S.R. 40 to its junction with S.R. 19, then north on S.R. 19 to its junction with Juniper Creek, then east along Juniper Creek to its junction with the wildlife management area boundary, then along the wildlife management area boundary southeast, then west to its junction with C.R. 183 AV, then north on C.R. 183 AV to its junction with S.R. 40, then west on S.R. 40 to its junction with C.R. 314A, then north on C.R. 314A to its junction with C.R. 314, then northeast on C.R. 314 to its junction with N.E. 147th Ave. Rd. and the point of beginning.
Church Lake Unit – Starting at the junction of N.E. 147th Ave. Rd. and C.R. 314, then northwest on N.E. 147th Ave. Rd. to its junction with N.E. 86th Ln., then northeast on N.E. 86th Ln. to its junction with N.E. 147 Ct., then north on N.E. 147 Ct. to its junction with N.E. 88 St., then west on N.E. 88 St. to its junction with N.E. 146th Ave., then north on N.E. 146th Ave. to its junction with N.E. 89th Lane, then west on N.E. 89th Lane to it junction with N.E. 144th Terr., then north on N.E. 144th Terr. to its terminus, then north to the wildlife management area boundary, then south and east along the wildlife management area boundary to its junction with S.E. 183rd Ave. Rd., then north along S.E. 183rd Ave. Rd. to its junction with S.R. 40, then west along S.R. 40 to its junction with C.R. 314A, then north along C.R. 314A to its junction with C.R. 314, then southwest along C.R. 314 to its junction with N.E. 147th Ave. Rd. and the point of beginning.

(3) Richloam Wildlife Management Area.

(a) Open season:

General gun – Opening 14 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 1 day later and closing 48 days thereafter.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 1 day later and closing 27 days thereafter.
Archery – Opening 49 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days therafter.
Fishing and frogging – Throughout the year.
Trapping – Opening the day after the last day of the general gun season through March 1.
Wild hog-dog – Opening the last Friday of the month and closing two days thereafter in April, May, and June (east of CR 471 only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Duck, geese and coot – During seasons established by Rule 68A-13.003, F.A.C.
Small Game – Opening the day after the last day of the general gun season through the first Sunday in March.

(b) Legal to take: All legal game, fish, frogs and furbearers. Only wild hog may be taken during the wild hog-dog season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The take of antlerless deer is prohibited during the archery season.

(d) General regulations:

All persons shall enter and exit the area at designated entrances.
During the spring turkey season and the first nine days of general gun season, during periods when the check station is staffed, hunters shall check all wildlife taken at a check station before leaving the area.
Vehicles may be operated only on named or numbered roads.
Airboats, all-terrain vehicles, and tracked vehicles are prohibited.
Any dog may be used to take small game during the small game season. The taking of wild hog by the use of dogs is prohibited, except during the wild hog-dog season.
Wild hog-dog hunts shall begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.
Wild hog may be taken during wild hog-dog hunts at night by the aid of a light with a firearm provided that no wild hog shall be shot until bayed by dogs. The hunting of wild hog by display or use of a light from a moving vehicle, boat or animal is prohibited.
Persons licensed to use trapping devices may take trapped furbearers with a .22 caliber rimfire firearm other than .22 magnum during the trapping season.
Taking of wildlife by use of a gun on or from rights-of-way of all paved roads or Clay Sink or Lacoochee Road is prohibited as provided by Rule 68A-4.008, F.A.C.
Hunting raccoon and opossum as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during the general gun and trapping seasons.
Taking wildlife with centerfire rifles is prohibited during small game season.

(4) Richloam Wildlife Management Area – Baird Unit.

(a) Open season:

Archery – Opening 35 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 2 days later and closing 4 days thereafter, and reopening 2 days later and closing 6 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 43 days after the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 2 days later and closing 4 days thereafter.
Wild hog-still – Opening 2 days after the last day of general gun season and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Small game – Opening the day after the last day of wild hog-still season and closing 28 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. One antlered and one antlerless deer may be taken per quota permit during the archery season. One antlered deer may be taken per quota permit during the muzzleloading gun and general gun seasons. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Only wild hog may be taken during the wild hog-still season.

(d) General regulations:

Hunting with dogs is prohibited, except that waterfowl retrievers and bird dogs may be used during small game season. Taking wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads. Bicycles may be operated only on named or numbered roads and designated trails.
The use of tracked vehicles, airboats, all-terrain vehicles or horses is prohibited.
During periods when the area is closed to hunting, public access other than on foot (pedestrian) or bicycle is prohibited except by permit from the Florida Forest Service.
When the check station is staffed during archery, muzzleloading gun, general gun, and spring turkey seasons, hunters shall check in at a designated check station when entering and exiting the area, and check all wildlife taken.
Public access to the area is prohibited during the period from 8:00 p.m. to 4:30 a.m.
Taking wildlife with guns is prohibited on the James A. Van Fleet State Trail.
Vehicular access is allowed for scouting one day prior to each archery, muzzleloading gun, general gun, and wild hog-still hunt from 8:00 a.m. until 6:00 p.m. and for each spring turkey hunt from 5:00 a.m until 9:00 p.m.
Taking wildlife with centerfire rifles is prohibited during small game season.
Persons shall only enter and exit the area at a designated entrance.

(5) Three Lakes Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 1 day later and closing 55 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter and reopening 1 day later and closing 27 days thereafter.
September duck – During the September duck seasons established by Rule 68A-13.003, F.A.C., in that area between Prairie Lakes Unit and Canoe Creek Road only.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun for mobility impaired – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun-dog – Opening 33 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 18 days later and closing 3 days thereafter.
Fishing and frogging – Allowed throughout the year.
Quail (quail enhancement area) – Up to 16 days (Saturdays and Wednesdays only) of quail hunting may be allowed in January and February, combined.
Raccoon – Opening the Friday 69 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 30 days thereafter (every other Friday, Saturday, and Sunday only) (from 1.5 hours before sunset on Friday until 1.5 hours after sunrise on Sunday) in that area between the Florida Turnpike and US 441 only.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

(b) Legal to take: All legal game, fish, alligators as specified in Rule 68A-25.042, F.A.C., frogs and furbearers. The take of wild hog is prohibited during general-gun dog season. Taking quail is prohibited on the quail enhancement area (that portion of the area lying east of the Florida Turnpike) except during quail season as established annually by order of the Executive Director, based on annual fall quail surveys. The daily bag limit for quail on the quail enhancement area is six (6) per person. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the general gun for mobility-impaired season, the bag limit for antlerless deer is one per certified mobility-impaired hunter and only certified mobility-impaired hunters are allowed to take antlerless deer. The take of antlerless deer is prohibited during the archery season. The take of wild turkey by non-residents during the first 9 days of the zonal spring turkey season is prohibited.

(c) Camping: Allowed by permit only at designated hunter campsites during the periods in which hunting is allowed and at designated campsites on the Florida Trail throughout the year (persons hiking through and camping on the Florida National Scenic Trail are exempt from camping permit requirements). Camping equipment may be taken onto the area no earlier than 8:00 a.m. seven days prior to the opening of archery season and shall be removed from the area before 6:00 p.m. seven days following the end of the spring turkey season. Camping shall be allowed from 8:00 a.m. one day prior to each season through 6:00 p.m. one day following each season. Only tents, trailers and self-propelled camping vehicles may be used for camping.

(d) General regulations:

During the archery, muzzleloading gun, general gun, small game, raccoon and spring turkey seasons, except the general gun-dog and general gun for mobility-impaired seasons, and when the check station is staffed, the quota of hunters will be admitted daily as follows: US 441 check station – 375; Canoe Creek check station – 50; State Road 60 check station – 200.
Vehicles may be operated only on named or numbered roads or named and numbered trails except vehicles used by persons participating in the general gun for mobility-impaired season. During general gun-dog hunts, only persons participating in the hunts may operate vehicles on established firebreaks in that area between the Florida Turnpike and US 441.
Airboats, tracked vehicles and unregistered and unlicensed motorcycles are prohibited except that airboats may be transported to and from the Lake Jackson Public Boat Ramp and may be operated on that portion of Lake Jackson outside the area posted as restricted to airboat access for the protection of environmentally sensitive areas in accordance with subsection 68A-15.004(14), F.A.C.
Hunting with dogs other than bird dogs and retrievers is prohibited except dogs may be used for deer hunting east of the Florida Turnpike during the general gun-dog season; any dog may be used to take small game during the small game season; and any dog may be used to hunt raccoon during the raccoon season.
During periods when the check station is staffed, no deer or wild hog shall be quartered or otherwise dismembered until it has been checked and tagged at a check station.
All users shall enter and exit the area through designated entrances except persons hiking through on the Florida Trail. During periods when the check station is staffed, hunters shall check in and out at a check station when entering and exiting the area and shall check all wildlife taken.
Taking of wildlife by use of a gun on or from rights-of-way of all paved roads is prohibited as provided by Rule 68A-4.008, F.A.C.
During the general gun for mobility-impaired season, hunting is allowed only in that portion of the area east of Canoe Creek Road. During periods when the check station is staffed, all persons participating in the general gun for mobility impaired season shall check in and out at the US 441 check station when entering and exiting the hunt area.
Horses may only be ridden on named and numbered roads, except that horses may be ridden on firelines during the general gun-dog season in that portion of the area east of the Florida Turnpike by individuals participating in the hunt. During the small game season, persons hunting from horseback are not restricted to named and numbered roads.
During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b), F.A.C., is allowed.
Mobility-impaired hunters may be accompanied by one hunting guest and one non-hunting assistant; the non-hunting assistant may participate in the hunt but may not harvest wildlife. All guests must enter and exit the area with the mobility-impaired hunter and share the same vehicle. The guest hunter cannot hunt on the area unless the mobility-impaired hunter is present on the area. The guests may not bring additional hunters on the area. The guest hunter and mobility-impaired hunter must share the bag limit of a single person. The mobility-impaired hunter shall be responsible for both parties complying with the bag limit. Mobility-impaired hunters shall have their valid mobility-impaired certification cards in possession.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area after 8 a.m. seven days prior to the opening of the hunt and shall be removed from the area by 6 p.m. seven days following the close of the hunt.

(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may operate airboats throughout the area when taking alligators except that airboats are not allowed in those portions of the area posted as restricted to airboat access for the protection of environmentally sensitive areas as specified above. Alligator hunters are not required to check in and out at a check station when entering and exiting the area or record at the check station any alligators taken.

(6) Three Lakes Wildlife Management Area – Prairie Lakes Unit.

(a) Open season:

Archery – Opening 36 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.
Wild hog-still – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 40 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, and reopening 26 days later and closing 2 days thereafter.
Dove – During the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
Snipe – During the snipe season established by Rule 68A-13.008, F.A.C.

(d) General regulations:

Hunting with dogs is prohibited except that bird dogs may be used during the general gun season and any dog may be used to take small game during the small game season.
Vehicles or horses may be used only on named or numbered roads.
Airboats, tracked vehicles and unlicensed and unregistered motorcycles are prohibited except that airboats may be transported to and from the Lake Jackson Public Boat Ramp and may be operated on that portion of Lake Jackson outside the area posted as restricted to airboat access for the protection of environmentally sensitive areas in accordance with subsection 68A-15.004(14), F.A.C.
All users shall enter and exit the area through designated entrances except persons hiking through on the Florida Trail. During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the area and shall check all wildlife taken.
No deer, wild hog or turkey shall be dismembered until checked at the check station when the check station is staffed.

(7) Tiger Bay Wildlife Management Area.

(a) Open season:

General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 1 day later and closing 48 days thereafter.
Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days therafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 4 days thereafter, and reopening 10 days later and closing 3 days thereafter.
Fishing and frogging – Allowed year-round. Fish may be taken only by hook and line or rod and reel and only during daylight hours.

(b) Legal to take:

All legal game, fish, except as provided below, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age.
Rattlesnake Pond and adjoining canals: No person shall kill or possess any black bass. No person shall possess more than six catfish. No person shall take in any one day more than 20 panfish, in the aggregate.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Vehicles shall enter and exit the area at designated entrances.
Hunting with dogs is prohibited except bird dogs and dogs with a shoulder height of 15'' or less may be used for hunting small game and any dog may be used to take small game during small game season.
Taking of wildlife by use of a gun on or from rights-of-way of all paved roads is prohibited as provided by Rule 68A-4.008, F.A.C.
Airboats, tracked vehicles, and all-terrain vehicles are prohibited.
Use of boats is prohibited on Ranch Pond.
No person shall operate any boat powered by an internal combustion engine on Woody Pond, Bear Pond, or Rattlesnake Pond and its adjoining canals.
During non-hunting periods, public access is allowed only from sunrise to sunset. During hunting periods, public access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset. At all other times, public access is allowed only by permit from the Florida Forest Service.
Horses and bicycles are allowed only on named or numbered roads, firelines and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(8) Tiger Bay Wildlife Management Area – Rima Ridge Unit.

(a) Open season:

General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 19 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 38 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Vehicles may be operated only on named or numbered roads designated on the hunt map. Horses and bicycles are allowed only on roads, firelines, and designated trails.
Vehicles shall enter and exit the area at designated entrances.
Hunting with dogs is prohibited except bird dogs and dogs with a shoulder height of 15" or less may be used for hunting small game and any dog may be used to take small game during small game season.
The use of airboats, tracked vehicles and all-terrain vehicles is prohibited.
No person shall operate any boat powered by an internal combustion engine on Scoggin and Indian lakes.
During non-hunting periods, public access is allowed only from sunrise to sunset. During hunting periods, public access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset. At all other times, public access is allowed only by permit from the Florida Forest Service.
Taking wildlife with centerfire rifles is prohibited during small game season.

(9) William Beardall Tosohatchee Wildlife Management Area.

(a) Open season:

Archery – Opening 30 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 9 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
General gun – Opening 12 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C. and closing 3 days thereafter and reopening 5 days later and closing 2 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Wild hog-dog – Opening 69 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 22 days later and closing 6 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: Antlered deer, antlerless deer, turkey, wild hog, fish, frogs, gray squirrel and coyote. No other wildlife species may be taken. Antlerless deer is any deer, except a spotted fawn, that is without antlers or whose antlers are less than one inch in length visible above the hairline. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. A limit of one antlerless and one antlered deer per quota permit is established. Only wild hog and gray squirrel may be taken during the wild hog-dog season.

(c) Camping: Allowed at the designated through-trail campsites along the Florida Trail throughout the year, but only by through hikers. Tent camping is allowed during periods closed to hunting at designated campsites by permit only.

(d) General regulations:

Public access during periods closed to hunting shall be from 6:00 a.m. to sunset unless camping at designated campsites. Public access during periods open to hunting shall be from 5:00 a.m. to 8:00 p.m. during Eastern Standard Time and from 5:00 a.m. to 9:00 p.m. during Daylight Savings Time.
During the wild hog-dog hunts, a quota permit allows a hunting group of two persons and a guest as authorized by Rule 68A-15.005, F.A.C. (three individuals total) to participate in the hunt and a daily quota permit, when the check station is staffed, allows three hunters to participate in the hunt.
During periods when the check station is staffed, hunters shall check in and out at a check station when entering and exiting the area and shall check all wildlife taken.
Vehicles may be operated only on named or numbered roads. Vehicles must be parked only at designated parking areas, except that vehicles are not required to be parked at designated parking areas during hunting seasons.
Airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited. Horses are prohibited during periods when the area is open to hunting.
Hunting with dogs is prohibited except that dogs may be used during the wild hog-dog hunts. During wild hog-dog hunts no more than 3 free-running dogs per quota permit are allowed.
Taking of wildlife by use of a gun on or from rights-of-way of all paved roads is prohibited as provided by Rule 68A-4.008, F.A.C.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., shall not be taken onto the area until 6:00 a.m. on the Monday prior to the opening day of each hunting season and shall be removed from the area before 6:00 p.m. one day following the close of each hunting season.

(10) Seminole Ranch Wildlife Management Area.

(a) Open season:

Archery – Opening 29 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 21 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, reopening 6 days later and closing 1 day thereafter, reopening 6 days later and closing 1 day thereafter, and reopening 27 days later and closing 1 day thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Wild hog-dog – Opening 84 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed throughout the year.

(c) Camping: Allowed only at the designated through-trail campsite along the Florida Trail provided access to the area is by the Florida Trail.

(d) General regulations:

During periods when the check station is staffed, hunters shall check in and out at the check station when entering or exiting the area and shall check all wildlife taken, except when hunting on bodies of water connected to the St. Johns River during waterfowl and coot seasons. Check station hours on this area are from 5:00 a.m. to 9:00 p.m. during Daylight Savings Time or from 5:00 a.m. to 8:00 p.m. during Eastern Standard Time during all hunts except during small game season when hours are from 6:00 a.m. to 7:00 p.m.
Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access during designated check station operating hours for the archery, muzzleloading gun, general gun, wild hog-dog, small game and spring turkey seasons and one day prior to and one day after each of these hunts from 6:00 a.m. to 8:00 p.m. (except for small game season) for scouting purposes. Vehicles may be operated only on named or numbered roads and may be parked only at designated parking areas.
Airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited.
Hunting with dogs is prohibited, except that dogs may be used during the wild hog-dog season, and any dog may be used to take small game during small game season.
No deer, wild hog or turkey shall be dismembered until checked at the check station when check stations are staffed.
Access for waterfowl hunting on bodies of water connected to the St. Johns River will be by the St. Johns River only.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken on the area after 6:00 a.m. one day before the opening of each hunt and shall be removed from the area before 8:00 p.m. one day following the close of each hunt (except for small game season).
Taking wildlife with centerfire rifles is prohibited during small game season.
Horses are allowed only on named and numbered roads or designated trails.

(11) Jumper Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C. and closing 2 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 1 day later and closing 48 days thereafter.
Small game – Opening the day after the last day of general gun season and closing first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed throughout the year.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.

(d) General regulations:

Vehicles may be operated only on named or numbered roads and may be parked only at designated parking areas.
Airboats and tracked vehicles are prohibited.
Hunting with dogs is prohibited, except waterfowl retrievers may be used during September duck seasons, and any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
During the September duck seasons as established by Rule 68A-13.003, F.A.C., waterfowl hunting will be allowed on Jumper Creek with access from the Withlacoochee River only.
Taking wildlife with centerfire rifles is prohibited during small game season.

(12) Rock Springs Run Wildlife Management Area.

(a) Open season:

Archery – Opening 36 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 4 days later and closing 2 days thereafter.
General gun – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 5 days later and closing 2 days thereafter.
Small game – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter, and reopening 27 days later and closing 1 day thereafter.
Youth turkey hunt – Opening 1 day after the first day of the youth turkey hunt established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: Only deer, wild turkey, wild hog and coyote may be taken during the archery, general gun and muzzleloading gun seasons. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Only rabbit, gray squirrel, wild hog, coyote and bobwhite quail may be taken during the small game season. The bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the muzzleloading gun and general gun seasons, antlerless deer may be taken only by antlerless deer permit. The bag limit for the youth turkey hunt shall be one gobbler or bearded turkey per quota permit.

(d) General regulations:

Hunting with dogs is prohibited except any dog may be used to take small game during small game season.
Vehicles are prohibited on Old 433 except during established check station hours during archery, muzzleloading gun, general gun and small game seasons and from 8:00 a.m. until 6:00 p.m. during all other times. Vehicles are only allowed on all other named or numbered roads two days prior to and during archery, muzzleloading gun and general gun, and also during small game season dates.
Airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited. Horses are prohibited during periods when the area is open to hunting, except during small game season.
Hunters shall enter and exit the area at designated entrances.
Individuals hunting on the West BMK portion of the area shall have a daily permit issued from the check station in their possession during periods when the check station is staffed, and shall enter and exit at the designated entrance point on Old McDonald Road.
During periods when the check station is staffed, hunters shall check in and out at a check station when entering and exiting the area and shall check all wildlife taken.
During periods when the check station is staffed, no deer shall be dismembered until checked at a check station.
Taking wildlife with centerfire rifles is prohibited during small game season.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area beginning two days prior to each hunt (except small game season) and must be removed from the area one day after the last day of each hunt. During small game season, authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area beginning the first day of each hunt and must be removed from the area the last day of each hunt.

(13) Guana River Wildlife Management Area.

(a) Open season:

General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 4 days later and closing 2 days thereafter.
Archery – Opening 29 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 26 days later and closing 23 days thereafter (Fridays, Saturdays, and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing, frogging and other non-hunting recreational use – Allowed at all times on Lake Ponte Vedra from Guana Dam to a line two miles north of the dam, and on the remainder of Lake Ponte Vedra and the interior freshwater lakes only from February 10 through November 10.
Rails and common gallinule – In the rail and common gallinule season established by Rule 68A-13.008, F.A.C., and only in the marsh adjacent to the intercoastal waterway.

(b) Legal to take: All legal game, fish, frogs and furbearers. One antlered and one antlerless deer may be taken per quota permit or per exempt hunter during the archery season. One antlered deer may be taken per quota permit or per exempt hunter during the muzzleloading gun and general gun seasons. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Legal shooting hours for duck, light goose and coot: From the beginning of legal shooting hours established pursuant to Rule 68A-13.003, F.A.C., until noon. Turkey may only be taken during the spring turkey season. Only one turkey may be taken per quota permit.

(d) General regulations:

During days designated for scouting, vehicle access is allowed only one day prior to each 3-day hunt during the archery, muzzleloading gun, general gun, small game and spring turkey hunts from 7:00 a.m. until 9:00 p.m. during Eastern Daylight Saving Time and from 7:00 a.m. until 8:00 p.m. during Eastern Standard Time. During the hunts, vehicle access is only allowed from 5:00 a.m. until 9:00 p.m. during Daylight Savings Time and until 8:00 p.m. during Eastern Standard Time. During the quota hunts (archery, muzzleloading gun, general gun and spring turkey), vehicle access is only allowed by individuals authorized to participate in the hunt, except access is allowed to Lake Ponte Vedra from the east side (when open to public access) or for parking at Guana Dam. Waterfowl scouting is allowed on Lake Ponte Vedra from 5:00 a.m. until 5:00 p.m. Eastern Standard Time on the Saturday prior to the opening of each phase of the duck, light goose and coot season established in Rule 68A-13.003, F.A.C.
Hunting with dogs is prohibited, except bird dogs and retrievers are allowed during waterfowl season and any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
Waterfowl hunting from permanent blinds or structures is prohibited.
The use of airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
Vessels with internal combustion engines larger than 10 h.p. are prohibited on Lake Ponte Vedra.
During periods when the check station is staffed, hunters (except public water alligator hunt participants) shall check in and out at the check station when entering or exiting the area and shall check all wildlife taken. During periods when the check station is staffed, hunters shall check out at the check station by 9:00 p.m. during Daylight Savings Time and 8:00 p.m. during Eastern Standard Time.
That portion of Lake Ponte Vedra from the Guana Dam to a point one-half mile north is closed to hunting except for alligator hunting pursuant to Rule 68A-25.042, F.A.C.
Fish may be taken with hook and line only.
Fishing with more than three poles or three rods and reels is prohibited.
Vehicles may be operated only on named or numbered roads.
During periods when the check station is staffed, all waterfowl must be checked at the check station prior to 1:00 p.m.
Public access is allowed year round, except during quota hunts (archery, muzzleloading gun, general gun and spring turkey), when only individuals authorized to participate in a hunt may access the uplands portion of the area (except public access is still allowed for the Guana Dam and Lake Ponte Vedra).
During periods when the upland portion is closed to hunting or scouting, public access to the upland portion is restricted to non-motorized only from the Guana Dam and the Roscoe Boulevard Extension entrances only. During periods when the upland portion is open to hunting or scouting, public access to the upland portion is restricted to entering and exiting through the Guana Dam entrance only and only individuals authorized to participate in a hunt may enter during the area’s quota hunts.
The possession or use of gill nets, trawls, seines, gigs, or spear guns is prohibited in Lake Ponte Vedra, except that gigs may be used to harvest frogs. The use of cast nets or gigs within 50 yards of the water control structure located on the Guana Dam is prohibited.
The use of boats within 50 yards of the Guana Dam water control structure is prohibited.
Taking wildlife with guns at the visitor interpretive center or on the wildlife observation towers or nature trail boardwalk is prohibited.
Public access to the Guana Dam water control structure or any portion thereof is prohibited.
Horses and bicycles may be used only on named or numbered trails or roads. Horses shall be prohibited during the archery, muzzleloading gun, general gun, spring turkey and small game seasons.

(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may use airboats and outboard motors larger than 10 h.p. on Lake Ponte Vedra when taking alligators.

(14) Half Moon Wildlife Management Area.

(a) Open season:

Archery – Opening 29 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 4 days later and closing 2 days thereafter.
Small game – Opening 69 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter.
Wild hog-still – Opening 27 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

During periods when the area is closed to hunting public access other than on foot (pedestrian), horseback (equestrian), or by bicycle is prohibited.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads and shall not be parked farther than 25 feet from a named or numbered road or parking area.
The use of tracked vehicles, airboats, all-terrain vehicles and unregistered and unlicensed motorcycles is prohibited. The use of horses is prohibited during the archery, muzzleloading gun, general gun, wild hog-still and spring turkey seasons.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering or exiting the area and shall check all wildlife taken.
During periods when the check station is staffed, no deer, wild hog or turkey shall be dismembered until checked at the check station.
Vehicular access is allowed for scouting one day prior to each archery, muzzleloading gun, general gun and wild hog-still hunt from 8:00 a.m. until 6:00 p.m. and for each spring turkey hunt from 5:00 a.m. until 9:00 p.m.
During the youth turkey hunt, public access is limited to individuals participating in the hunt.

(15) Caravelle Ranch Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Family hunt – Opening 29 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Friday ‒ Sunday) in the South Unit only.
Supervised small game – Opening 25 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 5 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 4 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 11 days thereafter (Wednesdays, Thursdays, Fridays, Saturdays, and Sundays only).
Small game – Opening 19 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 45 days thereafter (Thursdays, Fridays, Saturdays and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C. (south of the Cross Florida Barge Canal only).
Spring turkey – Opening 4 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 11 days thereafter (Wednesdays, Thursdays, Fridays, Saturdays, and Sundays only).
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter). During the archery, muzzleloading gun, and general gun seasons, the bag limit for deer shall be one per quota permit. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the family hunt, the bag limit for deer shall be one antlered and one antlerless deer per quota permit, but no more than one deer per person per day. During the spring turkey season, one gobbler (or bearded turkey) may be taken per quota permit. The take of dove is prohibited south of Rodeheaver Road and east of State Road 19, except on posted dove fields.

(c) Camping: Camping is allowed only in designated primitive campsites and only from 8:00 a.m. one day prior to each established hunt through 6:00 p.m. one day after each established hunt (except dove hunts). Only tents, trailers and self-propelled camping vehicles may be used for camping.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
Hunting with dogs is prohibited except bird dogs may be used during the general gun season, and any dog may be used to take small game during small game season. Taking wild hog with dogs is prohibited.
The use of tracked vehicles, airboats, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the portion of the wildlife management area south of C.R. 310 and west of S.R. 19 and the portion of the wildlife management area east of S.R. 19 within the WMA boundary and shall check all wildlife taken.
Vehicular access is prohibited except from 1.5 hours before sunrise to 1.5 hours after sunset one day prior to and from 8:00 a.m. to 6:00 p.m. one day after the archery, family, muzzleloading gun, general gun and spring turkey hunts. Vehicular access is also allowed during the archery, family, muzzleloading gun, general gun, spring turkey, supervised small game and small game seasons from 5:00 a.m. until 9:00 p.m. during Daylight Savings Time and from 5:00 a.m. until 8:00 p.m. during Eastern Standard Time; and during the dove field hunts from 11:00 a.m. until one hour after sunset. Public access other than on foot (pedestrian), horseback (equestrian), or by bicycle is prohibited at all other times.
During the family hunt, only persons under 16 years of age, but not younger than eight years of age, and under the supervision and in the presence of an adult not younger than 18 years of age as provided in Section 790.22, F.S., may take wildlife with a gun.
All legal methods of take for game may be used for hunting deer during the established family hunt.
During the supervised small game season, only persons under 16 years of age and their adult supervisor may hunt, as provided in Section 790.22, F.S.
Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. Release of northern bobwhite is limited to that portion of the area bounded by Loop road.
During the youth turkey hunt, public access is limited to individuals participating in the hunt or through-hiking on the Florida Trail.

(16) Lake George Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days therafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 1 day later and closing 4 days thereafter, and reopening 1 day later and closing 6 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.
Fishing and frogging – Throughout the year.

(c) Camping: Camping is allowed year round at the Volusia County Group Camping campsite by permit from Volusia County. On the remainder of the area, camping is allowed only at designated campsites, but only by permit from the St. Johns River Water Management District, except camping is prohibited during general gun season.

(d) General regulations:

Vehicles may be operated only on named or numbered roads.
The use of tracked vehicles, airboats, or all-terrain vehicles is prohibited.
Hunting with dogs is prohibited, except bird dogs and retrievers may be used during the general gun season and any dog may be used to take small game during small game season.
Horses and bicycles are allowed only on named or numbered roads, firelines and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(17) Lake George Wildlife Management Area – Dexter/Mary Farms Unit.

(a) Open season:

Small game – Opens 19 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closes 52 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Special-opportunity spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 8 days later and closing 6 days thereafter, and reopening 8 days later and closing 6 days thereafter.
Fishing and frogging – Allowed throughout the year.
Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers.

One antlered and one antlerless deer may be taken per quota permit during the archery season. One antlered deer may be taken per quota permit during the muzzleloading gun and general gun seasons. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Turkey may be taken only during special-opportunity spring turkey hunts and only from one-half hour before sunrise until 1 pm. One gobbler (or bearded turkey) may be taken per spring turkey special-opportunity permit.
Jenkins Pond: Fish may be taken only by hook and line or rod and reel and only during daylight hours. No person shall kill or possess any black bass. No person shall take in any one day more than 20 panfish, in the aggregate.

(c) Camping: Camping is allowed at designated campsites during special-opportunity spring turkey hunts and at other times by permit from the Florida Forest Service.

(d) General regulations:

The use of dogs is prohibited except that any dog may be used to take small game during the small game season.
Vehicles may be operated only on named or numbered roads.
The use of tracked vehicles, airboats, or all-terrain vehicles is prohibited.
Vehicular access is allowed from 1.5 hours before sunrise to 1.5 hours after sunset one day prior to each season (except small game), and during periods when the area is open to hunting. Individuals in possession of a special-opportunity spring turkey permit shall also have vehicular access to the area from 1.5 hours before sunrise to 1.5 hours after sunset on the Saturday and Sunday preceding each hunt. Vehicular access is allowed only by permit from the Florida Forest Service at all other times, except the Bluffton Recreation Area shall be open to vehicular access throughout the year from sunrise to sunset via the St. Johns River Road.
Hunters shall enter and exit the area at designated entrances, and during periods when the check station is staffed, hunters must register at the hunt headquarters.
During periods when the check station is staffed, deer, turkey and wild hog must be checked at the hunt headquarters prior to being dismembered or taken from the area.
Use of boats is prohibited on Jenkins Pond.
During non-hunting periods, public access to the area is prohibited during the period from sunset to sunrise, unless camping at designated camping areas.
Horses and bicycles are allowed only on named or numbered roads, firelines and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(e) The Dexter/Mary Farms Unit of the Lake George Wildlife Management Area consists of three hunt management zones. These zones are described as follows:

Zone A – That part of the management area falling within: Township 15S, Range 28E, Sections 27, 28, 29, 32, 33 and 34; and Township 16S, Range 28E, Sections 3, 4, 5, 9, 10, 15 and 16.
Zone B – That part of the management area falling within: Township 15S, Range 28E, Sections 25, 26, 35 and 36; and Township 16S, Range 28E, Sections 1, 2, 11 and 12.
Zone C – That part of the management area falling within: Township 15S, Range 29E, Sections 19, 20, 28, 29, 30, 31, 32 and 33; and Township 16S, Range 29E, Sections 3, 5 and 6.

(18) Seminole Forest Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 28 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Small game – Opening 70 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter (Saturdays and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 11 days thereafter (Saturdays, Sundays, Mondays, Tuesdays, and Wednesdays only).
General gun for mobility-impaired – Opening 15 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing and frogging – During periods open to hunting and at other times as access is allowed by the Florida Forest Service and these rules. Fish may be taken only by hook and line or rod and reel. Oaks and Bear Ponds are open to fishing only during daylight hours.

(b) Legal to take: All legal game, fish, except as provided below, frogs and furbearers (except otter and bobcat). One antlered and one antlerless deer may be taken per quota permit during the archery season. One antlered deer may be taken per quota permit during the muzzleloading gun and general gun seasons. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, two turkeys of either sex may be taken per quota permit, but no more than one per person per day. During spring turkey season, two gobbler or bearded turkeys may be taken per quota permit, but no more than one gobbler or bearded turkey per person per day.

Bear Pond: No person shall kill or possess any black bass. No person shall possess more than six catfish. No person shall take in any one day more than 20 panfish, in the aggregate.
Oaks Pond: No person shall possess more than six catfish. No person shall take in any one day more than 20 panfish in the aggregate.

(c) Camping: Camping is prohibited during periods open to hunting, except hikers may camp at designated primitive campsites along the Florida Trail throughout the year. During periods closed to hunting, camping is allowed only by permit from the Florida Forest Service.

(d) General regulations:

Hunting with dogs is prohibited except any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.
Vehicles shall not be parked farther than 25 feet from designated roads or parking areas.
The use of tracked vehicles, airboats, or all-terrain vehicles is prohibited during periods when hunting is allowed, except that all-terrain vehicles may be used during the general gun for mobility-impaired season but only by persons participating in the mobility-impaired hunt. Vehicle access is allowed only during periods open to hunting. During periods when the area is closed to hunting, public access is regulated by the Florida Forest Service.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the area and shall check all wildlife taken.
Vehicles may be operated only on named or numbered roads except during the general gun for mobility-impaired season.
During periods when the check station is staffed, no deer, wild hog or turkey shall be dismembered until checked at the check station.
Use of boats is prohibited on Bear Pond and Oaks Pond.
Hunters shall enter and exit the area at the designated entrance.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., shall not be taken onto the WMA until 8:00 a.m. the Monday prior to archery, general gun mobility-impaired, muzzleloading gun, and general gun seasons or the Thursday prior to each spring turkey hunt; and only when hunting is allowed during small game season. All authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., must be removed 1 day after each hunt.
Public access during the mobility-impaired hunts is limited to only individuals participating in the hunts, their assistants and through-hikers on the Florida National Scenic Trail.
Taking wildlife with centerfire rifles is prohibited during small game season.

(19) Triple N Ranch Wildlife Management Area.

(a) Open season:

Wild hog-still – Opening 83 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 23 days thereafter (Fridays, Saturdays, and Sundays only).
Special-opportunity deer – Opening 35 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 8 days later and closing 6 days thereafter.
Special-opportunity muzzleloading gun – Opening 2 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Small game – Opening 21 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.
Special-opportunity spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 8 days later and closing 6 days thereafter, and reopening 8 days later and closing 6 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: Antlered deer, wild hog and antlerless deer (by antlerless deer permit only) during the special-opportunity deer and special-opportunity muzzleloading gun seasons. One antlered deer may be taken per special-opportunity deer permit. Taking antlered deer not having at least one antler with four or more points is prohibited. Only wild hog may be taken during the wild hog-still season. All legal small game and furbearers may be taken during the small game season. One gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit.

(c) Camping: Allowed only at designated campsites and only from 8:00 am the day before scout days, during periods open to hunting and scouting and throughout the year at designated campsites on the Florida National Scenic Trail for persons hiking through on the Florida National Scenic Trail. Camping equipment may be taken onto the area beginning at 8:00 a.m. on the day before the first scout day for the season and shall be removed from the area before 6:00 p.m. one day following the close of the season. Only tents, trailers or self-propelled camping vehicles may be used for camping.

(d) General regulations:

Vehicles or horses may be used only on named and numbered roads except that horses are not restricted to roads during the small game season.
Horses are prohibited during periods when hunting is allowed except that hunters may hunt from horseback during the small game season.
Hunting with dogs is prohibited except any dog may be used to take small game during the small game season.
The use of tracked vehicles, airboats, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
Hunters shall enter and exit the area at the designated entrance and during periods when the check station is staffed, register at the hunt headquarters. During periods when the area is closed to hunting, public access other than on foot (pedestrian), horseback (equestrian) or by bicycle is prohibited, except that vehicular access is allowed to the parking area at the hunt headquarters on Road 1 and the parking area at the south end of Crabgrass Road.
Only individuals in possession of a special-opportunity hunting permit and that are camping in the designated area may have vehicle access to the area starting at 8:00 a.m. the day before a scout day but only to and from the designated campground area. Individuals in posession of a valid special-opportunity deer quota permit may have vehicle access on the Saturday and Sunday scout days the weekend prior to the hunt, the Friday immediately preceding the hunt and one day after the hunt and only from sunrise to sunset on those days. Only individuals in possession of a special-opportunity spring turkey quota permit may have vehicle access to the area on the Thursday and Friday preceding the hunt and only from 5:00 a.m. to 7:30 p.m. Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken onto the area during these times. During special-opportunity deer, small game and wild hog-still seasons, vehicle access is only allowed from 5:00 a.m. until 8:00 p.m., except vehicle access is also allowed by hunters camping, but only to directly access campsites. One day prior to each small game and wild hog-still hunt, motor vehicle access is allowed only from sunrise to sunset. During special-opportunity spring turkey season, vehicle access is only allowed from 4:30 a.m. until 9:00 p.m., except vehicle access is also allowed by hunters camping, but only to directly access campsites.
During periods when the check station is staffed, wild hog, deer and turkey must be checked at the hunt headquarters prior to being dismembered and taken from the area.
Public access to the area is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise unless camping at designated camping areas during hunts.
Persons shall only enter and exit the area at a designated entrance.

(20) Etoniah Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 4 days later and closing 2 days thereafter.
General gun – Opening 5 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 17 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Small game – Opening the day after the last day of the general gun season through the first Sunday in January.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, and reopening 4 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs is prohibited except any dog may be used to take small game during the small game season.
Vehicles and bicycles may be operated only on named or numbered roads.
The use of tracked vehicles, airboats or all-terrain vehicles is prohibited.
Vehicular access is allowed from 1.5 hours before sunrise to 1.5 hours after sunset on all named and numbered roads year round. Public access other than on foot (pedestrian), horseback (equestrian) or bicycle is prohibited at all other times, except that vehicle access is allowed on Scrub and North Cablegate Roads anytime year round.
Taking wildlife with centerfire rifles is prohibited during small game season.

(21) Little Big Econ Wildlife Management Area.

(a) Open season:

Archery – Opening 36 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 1 day prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
General gun – Opening 13 day after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening 35 day after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 2 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed throughout the year.
September duck – During the September duck seasons established by Rule 68A-13.003, F.A.C.

(d) General regulations:

Hunting with dogs is prohibited, except that any dog may be used to take small game during the small game season and waterfowl retrievers may be used during the September duck seasons.
Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access from 1.5 hours before sunrise until 1.5 hours after sunset during archery, muzzleloading gun, general gun, small game and spring turkey seasons and one day prior to and one day after each of these seasons. In addition, during the youth turkey hunt only individuals participating in a hunt and one non-hunting guest may access are area. Vehicles may be operated only on named and numbered roads and must be parked within 25 feet of a named or numbered road.
The use of tracked vehicles, airboats, or all-terrain vehicles is prohibited.
Persons shall enter and exit at a designated entrance. The Econlockhatchee River is a designated entrance.
Taking wildlife with centerfire rifles is prohibited during small game season.

(22) Lake Panasoffkee Wildlife Management Area.

(a) Open season:

Special-opportunity spring turkey – Opening 5 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, and reopening 13 days later and closing 3 days thereafter.
Special-opportunity archery – Opening 44 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, reopening 6 days later and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, reopening 6 days later and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, reopening 18 days later and closing 3 days thereafter, and reopening 6 days later and closing 3 days thereafter.
Wild hog-dog – Opening 97 day after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 12 days later and closing 2 days thereafter.
Small game – Opening 69 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 2 days prior to the first Sunday in March, and closing 2 days thereafter (Fridays, Saturdays, and Sundays only).
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Turkey may be taken only during the special-opportunity spring turkey hunts and only from one-half hour before sunrise until sunset. One gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit. One antlered deer may be taken per special-opportunity deer permit. Antlerless deer may be taken by antlerless deer permit only. Taking of antlered deer not having at least one antler with four or more points is prohibited. Only wild hog may be taken during the wild hog-dog season.

(c) Camping: Camping and camping equipment are allowed at designated campsites no earlier than 8:00 a.m. the day preceding each hunt and ending the last day of each hunt except during the small game season when camping and camping equipment are allowed no earlier than 8:00 a.m. on the first day of each hunt. Camping is allowed at other times by permit from the Southwest Florida Water Management District. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers are prohibited. Lumber, sheet metal or other building materials is prohibited. Each camper shall assure that their campsite is clean at all times. The altering, defacing, moving or tampering in any way with official markings of campsites is prohibited. Only tents, trailers or self-propelled camping vehicles may be used for camping. The name, address and telephone number of the person responsible for each campsite shall be visibly affixed to the camping shelter.

(d) General regulations:

Hunters must enter and exit the area at the designated entrance and during periods when the check station is staffed, hunters must register at the hunt headquarters.
Vehicles may be operated only on named or numbered roads and shall be parked within 25 feet of those roads. Horses and bicycles may be ridden only on named or numbered roads and designated trails.
The use of tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited. The use of horses is prohibited during wild hog-dog hunts.
During periods when the check station is staffed, no wildlife shall be dismembered until checked at the hunt headquarters.
During periods open to hunting, the operation of a vehicle on the area is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise unless camping at designated hunter campsites or by permit from the Southwest Florida Water Management District.
During periods when the area is closed to hunting, vehicular access is restricted to the main entrance road to the horse stable facility. Individuals in possession of a special-opportunity archery, wild hog-still or wild hog-dog quota permit shall have vehicle access to the area from 8:00 a.m. to 6:00 p.m. on the day preceding the hunt, and those in possession of a special-opportunity spring turkey permit shall have vehicle access to the area from 1.5 hours before sunrise until 1.5 hours after sunset on the day preceding the hunt.
Taking wildlife with centerfire and muzzleloading shotguns is prohibited during the special-opportunity archery hunts.
The use of dogs, other than bird dogs and dogs with a shoulder height of 15 inches or less during the small game season, is prohibited. The use of dogs to take wild hog during the small game season is prohibited. Dogs may be used to take wild hog during the wild hog-dog season. During the wild hog-dog season, no more than 3 free-running dogs per wild hog-dog quota permit shall be allowed. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest as authorized by Rule 68A-15.005, F.A.C. (three individuals total) to participate in the hunt.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., and dogs may be taken on the area no earlier than 8:00 a.m. the day preceding each hunt and shall be removed from the area the last day of each hunt. During spring turkey season authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., is allowed on the area beginning at 1.5 hours before sunrise the day preceding each hunt.

(23) Ross Prairie Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Supervised small game – Opening 21 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 29 days later and closing 6 days thereafter, reopening 22 days later and closing 6 days thereafter, and reopening 22 days later and closing 6 days thereafter.
Spring turkey – Opening 6 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

(b) Legal to take: All legal game and furbearers. The take of wild hog is prohibited during the supervised small game season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may not be taken during the archery season. Wild turkey may only be taken during the spring turkey season. The bag limit for deer is one antlered deer per person, but not more than two antlered deer per quota permit. One bearded turkey (or gobbler) may be taken per person, but not more than two per quota permit.

(d) General regulations:

Motorized vehicles are prohibited except in designated parking areas. Horses and bicycles are allowed only on roads, firelines, and designated trails.
All hunters shall enter and exit the area at designated entrances.
Hunting with dogs is prohibited except any dog may be used to take small game during small game season.
The use of airboats, tracked vehicles and all-terrain vehicles is prohibited.
Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited.
During the supervised small game season, only persons under 16 years of age and their adult supervisor may hunt, as provided in Section 790.22, F.S.

(24) Buck Lake Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 6 days later and closing 6 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 2 days later and closing 4 days thereafter.
Small game – Opening 28 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 2 days later and closing 4 days thereafter.
Wild hog-still – Opening 55 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 30 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During archery season, the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During muzzleloading gun and general gun seasons, the bag limit for deer shall be one antlered deer per person, but not more than two antlered deer per quota permit. Only wild hog, small game and furbearers may be taken during the wild hog-still season. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(c) Camping: Prohibited during periods open for hunting. During periods closed to hunting, camping is subject to St. Johns River Water Management District public use regulations.

(d) General regulations:

Hunting with dogs is prohibited except any dog may be used to take small game during the small game season.
Airboats, tracked vehicles, all-terrain vehicles, and unlicensed and unregistered motorcycles are prohibited.
Hunters shall enter and exit the area at a designated entrance.
Vehicles may be operated only on named or numbered roads and may be parked only in designated parking areas or within 25 feet of a named or numbered road.
Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access during archery, muzzleloading gun, general gun, and spring turkey seasons and one day prior to and one day after each of these seasons. At all other times, public access other than by foot, horseback or bicycle is prohibited.
Vehicle access is prohibited from 1.5 hours after sunset until 4:00 a.m.
Taking wildlife with centerfire rifles is prohibited during small game season.
Horses are allowed only on named and numbered roads or designated trails.

(25) Fort Drum Wildlife Management Area.

(a) Open season:

Special-opportunity deer – Opening 7 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter.
Small game – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Special-opportunity spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 8 days later and closing 6 days thereafter, and reopening 8 days later and closing 6 days thereafter.
Wild hog-still – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, reopening 65 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing – Allowed throughout the year.

(b) Legal to take: All legal game, furbearers and fish. Turkey may be taken only during the special-opportunity spring turkey hunts. One gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit. One antlered deer per special-opportunity deer permit. Antlerless deer may be taken by antlerless deer permit only. Taking of antlered deer not having at least one antler with four or more points is prohibited. Taking of wild hog during the small game season is prohibited.

(c) Camping: Only tent camping is allowed, and only at designated campsites. During special-opportunity and wild hog-still hunts, only hunters in possession of valid special-opportunity permits or wild hog-still quota permits and their guests may camp; during all other times, camping is by permit only from the St. Johns River Water Management District.

(d) General regulations:

Hunting with dogs other than bird dogs and retrievers during the small game season is prohibited.
Hunters shall enter and exit at Gate 1.
During periods when the check station is staffed, hunters shall check in and out at the designated check station when entering or exiting the area.
During nonhunting periods, access shall be through designated points only along State Road 60.
During periods open to hunting, vehicles may be operated only on named or numbered roads. During the remainder of the year, vehicles may be operated only on Entrance Road.
Airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited. Horses are allowed only on named and numbered roads and designated trails and only during periods when a Special-Opportunity hunt is not occurring.
During periods when the check station is staffed, no deer, wild hog or turkey may be dismembered until checked at the check station.
Taking wildlife with centerfire rifles is prohibited during small game season.

(26) Gores Landing Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Small game – During the month of December.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Vehicles may be operated only on named or numbered roads from 1.5 hours before sunrise to 1.5 hours after sunset one day prior to each season, and during periods when the area is open to hunting and from 1.5 hours before sunrise until 6:00 p.m. one day after the close of each season, except during the small game season when vehicles may be operated 24 hours a day only on named or numbered roads to allow for raccoon hunting at night.
Hunting with dogs is prohibited except any dog may be used to take small game and raccoon during the small game season.
Hunting raccoon as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during the small game season.
Hunters shall enter and exit the area at designated entrances or from the Ocklawaha River.
The use of tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.

(27) Seminole Forest Wildlife Management Area – Lake Tracy Unit.

(a) Open season:

Archery – Opening 44 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Muzzleloading gun – Opening 9 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
General gun – Opening 5 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Wild hog-still – Opening 34 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 26 days later and closing 2 days thereafter.
Small game – Opening 62 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, and reopening 12 days later and closing 23 days thereafter (Fridays, Saturdays, and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter and reopening 4 days later and closing 2 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Fishing and frogging – During periods open to hunting and at other times as access is allowed by the Florida Forest Service and these rules.
September duck – In the September duck seasons established by Rule 68A-13.003, F.A.C.

(d) General regulations:

Hunting with dogs is prohibited, except any dog may be used to take small game during small game season and waterfowl retrievers may be used to take ducks during special September duck season.
Vehicles may be operated only on named and numbered roads and shall be parked at designated parking areas or within 25 feet of named or numbered roads.
The use of tracked vehicles, airboats, or all-terrain vehicles is prohibited during periods when hunting is allowed. Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access during archery, muzzleloading gun, general gun, wild hog-still and spring turkey seasons and from the Monday prior to through one day prior to their scheduled hunts. In addition, during the youth turkey hunt only individuals participating in a hunt and one non-hunting guest may access are area. During small game and September duck seasons vehicle access is regulated by the Florida Forest Service.
During periods when the area is closed to hunting, public access is regulated by the Florida Forest Service.
Hunters shall enter and exit the area at designated entrances.
Persons participating in hunts may take authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., onto the area when vehicle access is allowed for their respective hunts and must remove all authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., one day after the last day of each respective hunt.
Taking wildlife with centerfire rifles is prohibited during small game season.

(28) Upper St. Johns River Marsh Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season as established by Rule 68A-13.004, F.A.C., and closing 29 days therafter.
Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
General gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 71 days thereafter.
Small game – Opening the day after the last day of general gun season and closing the first Sunday in March.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.
Fishing and frogging – Allowed year-round.
Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C.

(b) Legal to take: All legal game, furbearers, fish, and frogs. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken during the third weekend (Saturday and Sunday) of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C. Turkey of either sex may be taken during the muzzleloading gun season. Gobblers or bearded turkey may be taken from the first day of the general gun season through the last day of Zone C fall turkey season established by Rule 68A-13.004, F.A.C.

(c) Camping: Camping is prohibited except from 8:00 a.m. one day prior to archery season to 6:00 p.m. seven days after the close of spring turkey season or at other times as authorized by St. Johns River Water Management District. Only tent camping is allowed, and only at designated campsites.

(d) General regulations:

Motorized vehicles are prohibited, except on Fellsmere Grade and Lawton Road. Motorized vessels are prohibited in those portions of the area posted as non-motorized only, except motorized vessels are allowed in areas posted as seasonal non-motorized areas, but only from one day following the close of spring turkey season to one day prior to archery season.
Taking wildlife with any gun is prohibited on, upon or from the right-of-way of the Fellsmere Grade, the C-54 right-of-way, and all levees.
The use of any air-powered boat or outboard motors greater than 10 horsepower is prohibited as posted in the Blue Cypress Water Management Area.
During the duck, geese and coot season in the Stick Marsh/Farm 13, Kenansville Lake, and as posted in the Blue Cypress Water Management Area, taking wildlife with guns other than centerfire and muzzleloading shotguns is prohibited.
Public access is prohibited from within 1,000 feet of any posted construction site.
Hunting with dogs is prohibited except bird dogs may be used during the duck and coot seasons, and dogs may be used for small game during the small game season and wild hog hunting during the first 14 days of the small game season.
Airboats must launch and load from the water at the designated airboat launch area when using the Blue Cypress Water Management Area.
Airboats must cross levees at designated airboat crossings.
Bush hooks are prohibited.
Public access on Levee 74 North is allowed only at designated entrances.
Authorized hunting equipment, as defined in Rule 68A-15.004, F.A.C., may be taken on the area after 8:00 a.m. one day before the opening of the season and shall be removed from the area no later than seven days following the close of the season.
Taking wildlife with centerfire rifles is prohibited during small game season.

(29) Dunns Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter and reopening 41 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 7 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
General gun – Opening 33 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 10 days thereafter (Thursdays, Fridays, Saturdays, and Sundays only).
Wild hog-still –Opening 8 days prior to the last Sunday in May and closing 8 days thereafter.
Small game – Opening 30 days prior to the last Sunday in January and closing 30 days thereafter (Fridays, Saturdays, and Sundays only).
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During archery season, the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During muzzleloading gun and general gun seasons, the bag limit for deer shall be one antlered deer per person, but not more than two antlered deer per quota permit. Only wild hogs may be taken during the wild hog-still season.

(d) General regulations:

Hunting with dogs other than bird dogs and retrievers is prohibited, except any dog may be used to take small game during small game season. Hunting wild hog with dogs is prohibited.
Vehicles may be operated only on named or numbered roads.
Vehicles may be parked only at designated parking areas.
The use of tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
Horses may be used only on named or numbered roads and designated trails.
Non-motorized bicycles may be used only on named or numbered roads and designated trails.
Motorized vehicle access is allowed only to those individuals authorized to hunt and only on hunt days and the weekend and day before all hunts, except spring turkey season, when vehicle access shall be allowed only on hunt days and the day before each hunt and small game season, when access shall be walk-in only (no motorized vehicle access).
Vessels may be used to access the area from Dunns Creek.
Taking wildlife with centerfire rifles is prohibited during small game season.

(30) Salt Lake Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 1 day later and closing 6 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Small game – Opening 34 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 12 days later and closing 30 days thereafter (Fridays, Saturdays, and Sundays only).
Wild hog-dog – Opening 75 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 1 day later and closing 4 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs is prohibited except that any dog may be used during the wild hog-dog season and to take small game during small game season. During the wild hog-dog season, no more than 3 free-running dogs per quota permit shall be allowed. The take of wild hogs with dogs is prohibited except during the wild hog-dog season.
Vehicles may be operated only on named and numbered roads and must be parked at designated parking areas or parked within 25 feet of a named or numbered road.
Airboats, tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles are prohibited. Horses are prohibited during periods when the area is open to hunting, except small game season. Horses and bicycles may be used only on named or numbered trails or roads.
Hunters shall enter and exit the area at designated entrances.
During periods when the check station is staffed, hunters shall check in and out at the check station when entering and exiting the area and shall check all wildlife taken.
Vehicle access is prohibited except during archery, muzzleloading gun, general gun, small game, wild hog-dog and spring turkey seasons and one day prior to and one day after each of these seasons. At all other times, public access other than by foot (pedestrian), horseback (equestrian) or bicycle is prohibited.
Public access to the area is prohibited during the period from 1.5 hours after sunset to 1.5 hours before sunrise.
During periods when the check station is staffed, no deer, wild hog or turkey shall be dismembered until checked at a check station.
During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest as authorized by Rule 68A-15.005, F.A.C., (three individuals total) to participate in the hunt.
Northern bobwhite may be released and taken by centerfire and muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.

(31) Matanzas Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 8 days thereafter, and reopening 1 day later and closing 6 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
Family hunt – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening the day after the last day of the family hunt and closing 6 days thereafter and reopening 2 days later and closing 6 days thereafter.
Wild hog-still – Opening 28 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 1 day later and closing 8 days thereafter.
Small game – Opening 58 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 22 days thereafter.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 9 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs other than bird dogs or retrievers is prohibited except any dog may be used to take small game during small game season. The take of wild hog with dog is prohibited.
During non-hunting periods, public access is allowed only from sunrise to sunset. During hunting periods, public access is allowed only from 1.5 hours before sunrise to 1.5 hours after sunset. Vehicular access is only allowed during scouting and hunting seasons and by permit from the Florida Forest Service.
Airboats, tracked vehicles, unlicensed and unregistered motorcycles, and all-terrain vehicles are prohibited.
Hunters shall enter and exit the area at designated entrances.
Taking wildlife with centerfire rifles is prohibited during small game season.

(32) Lake Monroe Wildlife Management Area.

(a) Open season:

Non-migratory game – Zonal seasons established under Rule 68A-13.004, F.A.C., except that open season for rabbit and gray squirrel will open the first Saturday in November and run through the first Sunday in March only, antlered deer season will open the first Saturday in November and close 57 days thereafter and there shall be no crossbow season.
Migratory game birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C., except that open season for crow shall be during the first phase of crow season only.
Furbearers – During the zonal antlered deer season only except that bobcat and otter may be taken only after December 1.
Fishing and frogging – Allowed year-round.

(b) Legal to take: All legal game (except wild turkey may only be taken during archery and spring turkey seasons), furbearers, fish and frogs. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may only be taken during the archery season.

(d) General regulations:

Hunters must enter and exit at a designated entrance. Access is also allowed from the St. Johns River and Lake Monroe. Access from State Road 415 is prohibited.
The use or possession of swamp buggies, tracked vehicles or all-terrain vehicles is prohibited. Motorized vehicles are allowed only in designated parking areas.
Hunting with dogs is prohibited except bird dogs and retrievers may be used during migratory game bird seasons and any dog may be used to take small game during small game season.
Fires are prohibited.

(33) Charles H. Bronson Wildlife Management Area.

(a) Open season:

Archery – Opening 36 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).
General gun – Opening 6 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 5 day later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.
Small game – Opening 35 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter and reopening 20 days later and closing 6 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 days later and closing 3 days thereafter, and reopening 4 days later and closing 3 days thereafter.
Duck, geese, coot and snipe – During the migratory game bird seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs other than bird dogs or retrievers is prohibited except that any dog may be used to take small game during the small game season.
Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access from 1.5 hours before sunrise until 1.5 hours after sunset during archery, muzzleloading gun, general gun, small game and spring turkey seasons and one day prior to and one day after each of these seasons. In addition, during the youth turkey hunt only individuals participating in a hunt and one non-hunting guest may have vehicle access to the area. Vehicles may be operated only on named or numbered roads and must be parked within 25 feet of a named or numbered road.
Airboats, tracked vehicles, all-terrain vehicles, swamp buggies and unlicensed and unregistered motorcycles are prohibited.
Persons shall enter and exit the area at designated entrances, except access is also allowed from the St. Johns River if hunting duck, geese, coot or snipe during non-quota periods.
Horses may only be ridden on named or numbered roads and designated equestrian trails.
Taking wildlife with centerfire rifles is prohibited during small game season.

(34) Marshall Swamp Wildlife Management Area.

(a) Open season:

Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, reopening 1 day later and closing 6 days thereafter, and reopening 1 day later and closing 8 days thereafter.
Muzzleloading gun – Opening 1 day prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).
Small game – Opening the second Saturday in November through the first Sunday in March, that does not coincide with the established area general gun season dates.
Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Migratory game birds – Migratory game birds during seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.
Fishing and frogging – Allowed throughout the year.

(d) General regulations:

Hunting with dogs other than bird dogs or retrievers for the take of small game is prohibited except that any dog may be used to take small game and raccoon during the small game season.
Hunting raccoon as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during the small game season.
Taking wild hog with dogs is prohibited.
Vehicles may be operated only in designated parking areas and on Entrance Road.
Airboats, tracked vehicles, all-terrain vehicles, swamp buggies and unlicensed and unregistered motorcycles are prohibited.
Persons shall enter and exit the area at a designated entrance.
Taking wildlife with centerfire rifles and centerfire handguns is prohibited.
Fires are prohibited.

(35) Silver Springs Forest Wildlife Management Area.

(a) Open season:

Archery – Opening 43 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays and Sundays only).
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening 6 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.
Small game – Opening 42 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 4 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.
Fishing and frogging – Allowed throughout the year.
Wild hog-still – Opening 6 days after the close of the small game season and closing 6 days thereafter.

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter are prohibited). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken during the family hunt. During archery, muzzleloading gun, and general gun seasons, the bag limit for deer shall be one per person, but not more than two per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit, but no more than one deer per person per day. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(d) General regulations:

Vehicle access is prohibited except persons participating in a hunt are allowed vehicle access from 1.5 hours before sunrise until 1.5 hours after sunset during archery, muzzleloading gun, family, general gun, youth turkey and spring turkey seasons and one day prior to and one day after each of these seasons. In addition, during the youth turkey hunt only individuals participating in a hunt and one-hunting guest may have vehicle access in the area. During small game season motorized vehicles are prohibited except in designated parking areas. Horses and bicycles are allowed only on roads, firelines, and designated trails.
Vehicles may be operated only on named or numbered roads and must be parked within 25 feet of a named or numbered road.
Hunting with dogs other than bird dogs or retrievers is prohibited except any dog may be used to take small game and raccoon during the small game season.
Hunting raccoon as specified in paragraph 68A-24.002(2)(b), F.A.C., is allowed only during the small game season.
Taking wild hog at night or with dogs is prohibited.
Hunters shall enter and exit the area at designated entrances.
The use of tracked vehicles, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.
Fires are prohibited.
Taking wildlife with centerfire rifles is prohibited during small game season.

(36) Deep Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, reopening 34 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening Thanksgiving Day and closing three days thereafter.
Small game – Opening 41 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 44 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – The first three days of the Zone C season, and the Friday, Saturday, and Sunday of the third and fifth weekends of the Zone C season.
Wild hog-still – Opening 33 days after the last day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Fishing and frogging – Throughout the year.

(b) Legal to take: All legal game, fish, frogs, and furbearers. The bag limit for deer shall be one antlered or antlerless deer per person, but no more than two deer per quota permit during archery season and one antlered deer per person, but no more than two antlered deer per quota permit during muzzleloading gun and general gun seasons. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit; limit of one deer per person per day. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

(d) General regulations:

Hunting with dogs other than bird dogs and retrievers is prohibited except any dog may be used to take small game during small game season. Hunting wild hog with dogs is prohibited.
Motorized vehicles may be operated only on named or numbered roads one day prior to, one day after and during the archery, muzzleloading gun, family, general gun, wild hog-still, youth turkey and spring turkey hunts. During the small game season and periods closed to hunting, vehicles are prohibited on the area except at designated parking areas.
The use of airboats, off-highway vehicles (including ATVs, side by sides), swamp buggies, tracked vehicles and unlicensed and unregistered motorcycles is prohibited.
Public access is allowed year-round.
Horses may be used only on named or numbered roads and designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.
Fires: Prohibited.

(37) Rice Creek Wildlife Management Area.

(a) Open season:

Archery – Opening 42 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, reopening 34 days later and closing 8 days thereafter.
Muzzleloading gun – Opening 14 days prior to the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.
Family hunt – Opening the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.
General gun – Opening Thanksgiving Day and closing three days thereafter.
Wild hog-still – Opening 33 days after the last day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.
Small game – Opening 41 days after the first day of the Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 44 days thereafter (Fridays, Saturdays, and Sundays only).
Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.
Spring turkey – The first three days of the Zone C season, and the Friday, Saturday, and Sunday of the third and fifth weekends of the Zone C season.
Fishing and frogging – Throughout the year.

(d) General regulations:

Hunting with dogs other than bird dogs and retrievers is prohibited except any dog may be used to take small game during small game season. Hunting wild hog with dogs is prohibited.
Motorized vehicles are prohibited on the area except at designated parking areas.
The use of airboats, off-highway vehicles (including ATVs, side by sides), swamp buggies, tracked vehicles and unlicensed and unregistered motorcycles is prohibited.
Public access is allowed year-round.
Horses may be used only on designated trails.
Taking wildlife with centerfire rifles is prohibited during small game season.
Fires are allowed only in designated areas.
Hunters shall enter and exit the area at designated entrances only.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 6-29-82, 7-1-83, 7-5-84, 10-1-84, 7-1-85, 5-7-86, 5-10-87, 5-1-88, 7-1-89, 12-19-89, 7-1-90, 7-1-91, 7-2-91, 7-2-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 7-1-99, Formerly 39-15.065, Amended 12-20-99, 7-1-00, 12-26-00, 7-1-01, 6-2-02, 7-28-02, 5-1-03, 7-1-03, 10-12-03, 7-1-04, 7-1-05, 1-4-06, 7-1-06, 8-22-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 8-11-11, 7-1-12, 7-26-12, 7-1-13, 9-9-13, 7-1-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 8-19-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-17-25, 10-29-25, 7-1-26.

Chapter 68A-16 RULES RELATING TO BIRDS

Fla. Admin. Code R. 68A-16.001 Migratory Birds; Adoption of Federal Statutes and Regulations

(1) The following United States statutes are hereby adopted as rules of the Commission and are incorporated herein by reference.

(a) The Migratory Bird Treaty Act, 16 U.S.C. Sections 703-711 and 16 U.S.C. Section 712.

(b) The Migratory Bird Conservation Act, 16 U.S.C. Section 715.

(2) Rules and regulations adopted by the U.S. Department of the Interior, Fish and Wildlife Service, pursuant to the statutes listed in subsection (1), cited as Title 50, Code of Federal Regulations, Chapter 1, Subchapters A, B and C, are hereby adopted as rules of the Commission and are incorporated herein by reference.

(3) 16 U.S.C., Section 460 K, and 50 CFR, Chapter 1, Subchapter C, Part 25, of the U.S. Department of the Interior, Fish and Wildlife Service, relating to wildlife or freshwater fish on national wildlife refuges or national wildlife management areas are hereby adopted as rules of the Commission on such refuges and wildlife management areas and are incorporated herein by reference.

(4) Regulations of the U.S. Department of the Interior, Fish and Wildlife Service, specifically Title 50 CFR, Part 21, Subpart C, Section 21.30, relating to raptor propagation, except as modified below, are hereby adopted as rules of the Commission and are incorporated herein by reference.

(a) No person shall possess any raptor for captive propagation purposes in Florida without a raptor propagation permit from the executive director and a raptor propagation permit approved by the director of the U.S. Fish and Wildlife Service. Application for state raptor propagation permits shall be by copy of the application for the federal raptor propagation permit as written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30.

(b) Permittees shall provide copies of all annual reports required by regulations written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30, to the Commission by January 31 of each year. The applicant’s facility shall be available for inspection by Commission representatives during reasonable hours. Records required in federal regulations written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30, shall be made available for inspection by Commission representatives upon request. Applicants and permittees shall be subject to the general regulations relating to licenses, permits and other authorizations as set forth in Rule 68-1.010, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Formerly 39-13.02, Amended 7-1-94, 8-11-98, Formerly 39-13.002, 68A-13.002, Amended 3-24-13.

Fla. Admin. Code R. 68A-16.002 Bald Eagle (Haliaeetus leucocephalus)

(1) No person shall take, feed, disturb, possess, sell, purchase or barter any bald eagle or parts thereof, or their nests or eggs, or attempt to engage in any such conduct, except when such conduct is authorized by the U.S. Fish and Wildlife Service.

(2) For purposes of this section, the term “disturb” is defined as, “To agitate or bother a bald eagle to the degree that causes, or is likely to cause (a) injury to an eagle, (b) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (c) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.”

(3) On public land, it is unlawful for any person to knowingly enter any area posted as closed for the protection of bald eagles, their nests, or their nest trees, except the staff or authorized agents of the managing public entity for that area, or as authorized pursuant to subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS. History–New 5-15-08, Amended 6-22-17.

Fla. Admin. Code R. 68A-16.003 Non-Listed Migratory Birds, Nests, and Eggs

For birds identified by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13, List of Migratory Birds (effective 09/2016, which is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07922), and not listed in Chapter 68A-27 or Rule 68A-16.002, F.A.C., the following apply:

(1) Take of birds, nests, and eggs is prohibited pursuant to Rule 68A-4.001, F.A.C., without a permit or authorization, except as authorized in Commission-approved guidelines. The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:

(a) Osprey, Pandion haliaetus, effective September 2018, (https://www.flrules.org/Gateway/reference.asp?No=Ref-10431);

(b) Snowy egret, Egretta thula, effective December 2019, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11504);

(2) The possession, sale, purchase, barter, transport, import, export, or collection of an inactive or active nest (meaning a nest containing eggs or flightless young) or parts thereof are prohibited by the Commission without appropriate Federal authorization.

(3) Notwithstanding the prohibitions in subsection (2), onsite destruction of an inactive nest (meaning a nest that does not contain eggs or flightless young) or parts thereof is permitted by the Commission but may require Federal authorization.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-2-17, Amended 6-25-19, 2-17-20.

Fla. Admin. Code R. 68A-16.006 Regulations Related to Bird Traps

(1) For the purpose of this rule, a bird trap is any device, material, substance or enclosure designed or used to catch and retain avian species, typically by allowing entry but not exit or by catching hold of a part of the body. Poultry coops and lofts for domestic pigeons are not bird traps under this rule.

(2) Bird traps must be clearly labeled with the Florida Fish and Wildlife Conservation Commission permit number or the exemption being utilized pursuant to subsection (3); and the name, address, and phone number of the person or company placing the trap. Traps without labeling are subject to removal by law enforcement.

(3) The use, placement, or possession of bird traps or allowing the placement of bird traps is prohibited without a permit issued pursuant to Rules 68A-27.007, 68A-9.002, or subsection 68A-16.006(5), F.A.C., with the following exceptions:

(a) Persons possessing a federal permit authorizing the trapping of birds listed under the Federal Endangered Species Act of 1973, 16 U.S.C. §1531 et seq., may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the permit.

(b) Persons authorized to trap resident game birds under a state permit or under Chapter 68A-12, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the state permit or in Chapter 68A-12, F.A.C.

(c) Persons possessing a falconry permit may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the permit. Persons possessing a falconry permit also may capture birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, to capture, feed, or train raptors possessed under the person’s falconry permit.

(d) Persons authorized to take wildlife at airports pursuant to Rule 68A-9.012, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed to conduct activities authorized under Rule 68A-9.012, F.A.C.

(e) Persons possessing a federal authorization to trap nuisance, depredating or injurious birds except migratory game birds and birds listed in Chapter 68A-27 or Rule 68A-16.002, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed while conducting the authorized activities.

(f) Captive wildlife facilities holding a valid captive wildlife permit may use, place, or possess bird traps on the permitted property, or other areas with land owner permission, to capture escaped captive birds, provided the permit holder provides notification prior to placement and use of traps to the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement of the number and species of escaped birds, along with the number and type of bird traps set.

(g) Persons or companies possessing one of the following licenses or certifications issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 482, F.S., may use, place, or possess bird traps for the capture of birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds:

Licenses issued pursuant to Section 482.071, F.S.
Certificates for general household pest control and lawn and ornamental pest control issued pursuant to subsection 482.111(2), F.S.
Limited certification for governmental pesticide applicators or private applicators in the structural category (Chapter 5E-14, F.A.C.) issued pursuant to Section 482.155, F.S.
Limited certification for commercial wildlife management personnel issued pursuant to Section 482.157, F.S.

(h) Businesses or corporations registered with the Florida Department of State and engaged in the sale of bird traps may possess bird traps for the purposes of manufacture and sale and are exempt from subsection (2).

(4) The possession of bird traps indoors for educational or exhibition purposes is authorized, provided the bird trap is registered with Florida Fish and Wildlife Conservation Commission at https://www.flrules.org/Gateway/reference.asp?No=Ref-11178. Registration under this subsection does not authorize any other use or placement of bird traps. Persons registering at https://www.flrules.org/Gateway/reference.asp?No=Ref-11178 shall provide their name, contact information, the number of traps being registered, whether it is being used for educational or for exhibition purposes and the address that each trap will be located.

(5) Persons not meeting the exceptions in subsection (3) may apply for a permit to use, place, or possess bird traps for the capture of birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds.

(a) Applicants for permits to use, place, or possess bird traps or allow bird traps to be placed in accordance with this section shall submit a completed permit application form WIM 02 (07/19) which is adopted and incorporated herein by reference. Such form is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11178, or by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(b) Applicants must be at least 18 years old.

(d) Prior to use or placement of bird traps outdoors, permittees must notify Florida Fish and Wildlife Conservation Commission Division of Law Enforcement of the species to be targeted, number and types of traps to be set, permit number, and physical location of each trap.

(e) Prior to use or placement of bird traps, permittee must obtain written permission of the landowner or the landowner’s designee.

(f) While conducting permitted activities, permittees must have a copy of the permit and a copy of the landowner permission readily available for inspection by Florida Fish and Wildlife Conservation Commission Division of Law Enforcement.

(g) Any incidentally-captured resident game birds or birds included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, shall be released immediately, unless the permittee possesses all necessary state or federal authorizations to capture such species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-3-19.

Chapter 68A-17 WILDLIFE AND ENVIRONMENTAL AREAS

Fla. Admin. Code R. 68A-17.004 General Regulations Relating to Wildlife and Environmental Areas

(1) General prohibitions: Hunting, fishing or trapping is prohibited on any portion of any wildlife and environmental area posted as closed to hunting, fishing or trapping. Hunting, fishing, trapping, camping or other usage related to such activity on any wildlife and environmental area shall only be at the time and in the manner provided by the regulations for the particular wildlife and environmental area. During a given season, all legal methods for taking fish, frogs or wildlife during that season shall be allowed, unless prohibited under the rules governing a particular area. Taking furbearers or nutria with traps, snares or at night is prohibited unless allowed by an area specific rule. Taking wildlife at night with a gun equipped with a thermal, night-vision, or similar device is prohibited unless otherwise provided by area-specific rule.

(2) Permits required:

(a) All regular licenses are required for persons, except those exempted in subsection (3), hereof, to take wildlife on a wildlife and environmental area.

(b) A management area permit as provided by Section 379.354, F.S., in addition to all regular license requirements, is required for persons, except those exempted in subsection (3), hereof, to take wildlife on a wildlife and environmental area.

(c) A short-term use permit or special-use permit is mandatory on those wildlife and environmental areas where required by regulations for that area. On areas where short-term use permits (daily or multi-day permits) are authorized, holders of such permits shall possess or display a valid short-term use permit receipt in the manner specified on the receipt. Access to areas open to special-opportunity deer, hog, and wild turkey hunting is prohibited by persons not in possession of the appropriate special-opportunity hunt permit except persons using the Florida Trail for recreational hiking.

(d) The lead managing agency or landowner of a wildlife and environmental area may authorize persons to engage in otherwise prohibited activities not relating to the taking of fish or wildlife, to allow for access, vehicles, vessels, camping, or horses, valid only during periods closed to hunting. The landowner of a wildlife and environmental area that requires a Recreational Use Permit (RUP) may only give such authorization to persons holding a RUP for that area. Persons so authorized must possess a copy of the authorization when engaged in such activities.

(3) Permit exceptions: Persons exempted by Section 379.353, F.S., persons utilizing the Apalachicola River Wildlife and Environmental Area for recreational activities, and persons in possession of a special-use permit are excepted from wildlife management area stamp requirements.

(4) Legal to Hunt: Legal game shall be only those wildlife species identified as legal to take in specific area regulations.

(a) Notwithstanding provisions in Rule 68A-13.004, F.A.C., wild turkey of either sex may be taken as provided by specific area regulation.

(b) During periods in which the taking of wild turkey is allowed, the daily bag limit for wild turkey shall be one per day unless otherwise provided by specific area regulation.

Wild hogs may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or any season established for the taking of wild hog only, with no size or bag limit unless provided by area specific rule.
Methods of take, other than those allowed for the taking of game mammals during each open season, are prohibited.
During any season established for the taking of wild hog only, only legal methods of take for game are allowed unless otherwise provided by area specific rule.
Wild hogs may not be transported alive.

(c) Armadillo, black and brown rats, house mouse, nutria, and non-protected birds may be taken during any season open for the taking of game mammals or game birds, with no size or bag limit unless otherwise provided by area-specific rule.

(d) Notwithstanding the provisions in Rule 68A-24.002, F.A.C., the take of bobcat with a gun is prohibited from March 2 through March 31.

(e) Shooting hours for mourning white-winged doves shall be from one-half hour before sunrise until sunset unless otherwise provided by specific area regulation.

(5) Hunters and other recreational users:

(a) Authorized hunting equipment, defined for the purposes of this rule as ground blinds (if left unattended), treestands, and elevated shooting platforms, may be taken on the area after 8:00 a.m. one day before the opening of the hunt and must be removed from the area before 6:00 p.m. one day following the close of the hunt unless, otherwise provided by specific area regulations.

(b) Recreational users of wildlife and environmental areas must obtain a Commission-issued customer identification number and permanently affix this number in a conspicuous and legible manner to all treestands, elevated shooting platforms, ground blinds, and trail cameras prior to leaving any of these items unattended on a wildlife and environmental area. Removing, tampering with, or otherwise interfering with any label or tag displaying a Commission-issued customer identification number on any of these items without the owner’s permission is prohibited. Commission and cooperator staff may remove any of these items at any time if they are not labeled as described herein.

(6) Guns:

(a) Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a bow) is prohibited on any wildlife and environmental area during the established season for archery hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a muzzleloading gun) is prohibited on any wildlife and environmental area during the established season for muzzleloading gun hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a bow, crossbow, airbow, or muzzleloading gun) is prohibited on any wildlife and environmental area during the established archery/muzzleloading gun season, unless otherwise stipulated in a regulation established for a specific area. Taking wildlife with a gun is prohibited on any wildlife and environmental area during any season open only for the taking of furbearers or frogs unless otherwise stipulated in a regulation established for a specific area.

(b) Taking wild turkey with firearms other than centerfire or muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited except that muzzleloading rifles are not prohibited for taking wild turkey on Santa Fe Swamp Wildlife and Environmental Area.

(c) Taking migratory birds and non-protected birds with centerfire or muzzleloading shotguns is allowed during established area seasons when one or more migratory game birds are legal to take except when prohibited by specific area rule.

(e) Methods of take for armadillo, black and brown rats, house mouse, nutria, and non-protected birds, other than those allowed for the taking of game during each open season, are prohibited.

(7) Dogs:

(a) Dogs may be used for hunting during open seasons, except if prohibited by regulations for the particular wildlife and environmental area. The take of non-protected birds with dogs is allowed during any season when at least one species of small game is legal to take with dogs. The Executive Director or designee may issue permits to raccoon, coyote, bobcat, or fox hunting organizations that are sanctioned by the United Kennel Club, American Kennel Club, Professional Kennel Club, or similar sanctioning entity to allow raccoon, coyote, bobcat, or fox hunting during otherwise closed seasons and at times and places designated in the permit. Permits may be issued only in areas where this activity will not negatively impact wildlife, where adjoining landowner conflicts will be minimal, where cooperating landowners are in agreement with the permit conditions, and when not in conflict with other user groups.

(b) No person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited.

(c) Dogs may be possessed, under physical restraint only, during any period in which the taking of wildlife by the use of dogs is prohibited, unless otherwise prohibited by specific area rule.

(d) Dogs on leashes may be used for trailing wounded game unless otherwise prohibited under specific area regulations.

(e) No person shall take deer using the aid of dogs without a valid Commission-issued deer-dog hunting permit.

(8) Camping:

(a) Camping is prohibited unless otherwise authorized under specific area regulations.

(b) On those areas where Commission camping permits are required by specific area rule, those permits will be issued by the Commission unless denial is either necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite or as appropriate based on Rule 68-1.010, F.A.C.

(c) Commission camping permit conditions will be included as necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite.

(d) No persons shall bring building materials onto the area or erect permanent or semi-permanent structures.

(9) Vehicles:

(a) No motor vehicle shall be operated on any part of any wildlife and environmental area designated by area regulations as closed to vehicular traffic or temporarily closed by administrative action and posting notice of such on those areas because of inclement weather, poor road conditions, construction or management activities or wildlife surveys. The use of two-wheeled motor-powered vehicles or all-terrain vehicles is prohibited on any roads or trails not open to or used by other vehicles unless otherwise provided by specific area regulation.

(b) No person shall park any vehicle in a manner which obstructs a road, gate or firelane.

(f) Commission-issued special-use OHV hunting permits will include conditions necessary to protect natural and cultural resources, minimize conflicts among area users, or maintain public safety.

(10) Grain and food: No person shall place, expose or distribute any grain or other food for wildlife on any wildlife and environmental area except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited. No person shall provide food for wildlife on any wildlife and environmental area.

(11) Release of animals:

(a) No person shall release any species of the animal kingdom on any wildlife and environmental area where the Commission is the landowner or lead managing agency unless authorized by specific area regulations or written authorization from the executive director.

(12) Plants:

(a) No person shall cut or destroy any tree on, or remove any tree, shrub, or protected plant (as designated in Section 581.185, F.S.) from any wildlife and environmental area unless authorized by the landowner or the Commission. Planting of trees, shrubs or other vegetation is prohibited unless authorized by the landowner or the Commission.

(b) No person shall plant, propagate, introduce, or cause to grow any species of plant not native or indigenous to Florida in any wildlife and environmental area where the Commission is the landowner or lead managing agency unless authorized by an approved comprehensive management plan or written authorization from the executive director.

(c) No person shall remove plants, rocks, minerals, animal life, other natural resources or parts thereof where the Commission is the landowner or lead managing agency without written authorization from the Executive Director or designee in accordance with the criteria of Rule 68A-9.002, F.A.C.

(13) The disturbance or removal of any manmade or cultural materials (such as shell middens, graves or other archaeologically or historically significant materials or sites) or natural materials (such as coral or lighter pine) is prohibited.

(14) Alligators: Notwithstanding any other provision in Chapter 68A-17, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife and environmental areas in accordance with Commission order(s) and Rules 68A-25.031, 68A-25.032, and 68A-25.042, F.A.C. Guns and bait may be used for taking alligators by alligator hunt participants as specified in Rule 68A-25.042 or 68A-25.032, F.A.C., whichever is applicable, and persons taking alligators pursuant to those rules on wildlife and environmental areas shall not be required to check in and out at a check station or check any alligators taken.

(15) Public access is prohibited in areas posted as “Closed to Public Access.” Such areas may be closed by posting because of resource protection, construction, management activities, public health or safety, agricultural disease, or contractual agreement.

(16) Fishing and Frogging: Fishing or frogging are permitted throughout the year unless otherwise provided under specific area regulations.

(17) Fires: All fires are prohibited unless otherwise provided under specific area regulations or permit condition.

(18) Bears: Notwithstanding any other provision in Chapter 68A-17, F.A.C., the harvest and pursuit of bear may be conducted during the season dates for each specific wildlife and environmental area set in accordance with Commission order(s) and Rule 68A-12.012, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 375.313 FS. History–New 4-12-98, Amended 12-28-98, Formerly 39-17.004, Amended 7-1-00, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10, 1-1-11, 3-25-12, 4-9-13, 7-1-14, 7-1-15, 7-1-16, 7-1-18, 7-1-19, 9-13-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-16-25, 7-1-26, 7-31-26.

Fla. Admin. Code R. 68A-17.005 Specific Regulations for Wildlife and Environmental Areas

(1) Southwest Region.

(a) Little Gator Creek – Pasco County.

The designated wood stork rookery area is closed to public access.
Public access is prohibited February 1 through August 31.
Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) or bicycle is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(b) Hickey Creek Mitigation Park – Lee County.

Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(d) Lake Wales Ridge – Highlands and Polk Counties.

Possession of any animal is prohibited except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C., are allowed and horses are allowed by permit.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian), bicycle or horseback (equestrian) is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(e) Bullfrog Creek Mitigation Park – Hillsborough County.

Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

Open season:

a. Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter.

b. General gun – Opening 13 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

c. Small game – Opening 34 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, opening 3 days prior to the third Monday in January and closing 3 days thereafter and reopening 17 days later and closing 3 days thereafter.

d. Wild hog-still – Opening the second Saturday in May and closing 8 days thereafter (Saturdays and Sundays only).

e. Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

f. Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter.

g. Fishing and frogging – Allowed throughout the year.

Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The bag limit for antlered deer shall be one per person, but not more than two per quota permit. Antlerless deer may be taken by antlerless deer permit only. Only wild hog may be taken during the wild hog-still season. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. Turkey of either sex may be taken during the archery season.
General regulations:

a. The use of tracked vehicles, airboats, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited. Horses and bicycles may be used only on firebreaks and named or numbered roads. During periods open to hunting, horses are prohibited.

b. Vehicles may be operated only on named or numbered roads and shall be parked in designated parking areas or within 25 feet of a named or numbered road.

c. During periods when the area is closed to hunting, public access other than by foot (pedestrian), bicycle or horseback (equestrian) is prohibited, except that motorized vehicles shall be allowed on Royce Road year round and shall be allowed on all named and numbered roads one day prior to all hunts, except small game.

d. During quota hunts and one day prior to each quota hunt, only individuals authorized to participate in a hunt may have vehicle access to the area and during the youth turkey hunt one additional non-hunting guest per quota permit may also have vehicle access to the area.

e. All persons shall enter and exit the area at a designated entrance.

f. Taking wildlife with dogs is prohibited except any dog may be used to take small game during the small game season. Hunting wild hog with dogs is prohibited.

g. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

h. During the youth turkey hunt, public access is limited to individuals participating in the hunt (which includes one non-hunting guest) or using the Peace Pond picnic area and observation platform.

(g) Perry Oldenburg Mitigation Park – Hernando County.

Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) is prohibited.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(h) Chinsegut – Hernando County.

Public access other than by foot (pedestrian) is prohibited.
Fishing and frogging is prohibited.
Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.
The Commission may authorize additional public access, including but not limited to hours of access and methods of access, to facilitate public access to the Chinsegut Nature Center and Commission sponsored activities.

(i) Moody Branch Mitigation Park – Manatee County.

Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian) or horseback (equestrian) is prohibited. Horses may be ridden only on established roads, firelines and designated trails.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(j) Crooked Lake Mitigation Park – Polk County.

Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
All persons shall enter and exit the area only at designated entrances.
Public access other than by foot (pedestrian), bicycle or horse (equestrain) is prohibited. Horses and bicycles may be ridden only on established roads, firelines and designated trails.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(k) Janet Butterfield Brooks Mitigation Park – Hernando County.

Public access is prohibited.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

Open season:

a. Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 28 days thereafter.

b. Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

c. Archery/muzzleloading gun – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 57 days thereafter.

d. Spring turkey – During the spring turkey season established by Rule 68A-13.004, F.A.C.

e. Fishing is allowed throughout the year.

f. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

Legal to take: Gray squirrel, rabbit, antlered deer, turkey, non-protected birds, armadillo, black and brown rats, house mouse, nutria, wild hog, and fish. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlered and antlerless deer and turkey of either sex may be taken during the archery season. Only bearded turkey or gobblers may be taken during the spring turkey season.
General regulations:

a. Persons shall enter and exit the area at designated entrances or via Little Santa Fe Lake.

b. Vehicles are prohibited except in the designated parking areas.

c. Centerfire or rimfire rifles, centerfire shotguns, centerfire pistols, and crossbows are prohibited for taking wildlife, except centerfire shotguns may be used to take wild turkey during spring turkey season and crossbows may be used to take wildlife during the archery/muzzleloading gun season.

d. Taking wildlife with dogs is prohibited.

e. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise, except by persons possessing a Special Use Authorization from the Suwannee River Water Management District.

(b) Fort White Mitigation Park – Gilchrist County.

Open season:

a. Archery season – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 10 days later and closing 4 days thereafter.

b. Small game – Opening 12 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March.

c. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

d. Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter.

e. Fishing and frogging – Prohibited except along the bank of the Santa Fe River.

f. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season, turkey of either sex may be taken and the bag limit for deer shall be one antlered or one antlerless deer per person, but no more than two deer per quota permit. During the spring turkey season, one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.
Camping: Camping is allowed by permit only from the Suwannee River Water Management District.
General regulations:

a. Persons shall enter and exit the area at designated entrances.

b. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

c. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C., dogs on a leash may be used to trail wounded game, any dog may be used to take small game during the small game season and raptors may be used during the falconry season.

d. Motorized vehicular access is prohibited, except in the designated parking areas.

e. Bicycles may only be ridden on firebreaks, trails and well-defined roads.

f. Public access is allowed year round except during quota hunts when only individuals authorized to participate in a hunt may access the area and during the youth turkey hunt when one non-hunting guest per quota permit may also access the area.

g. Taking wildlife with centerfire rifles is prohibited during small game season.

Open season:

a. Mobility-impaired general gun – Opening 22 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.

b. Mobility-impaired spring turkey – Opening 6 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, and reopening 19 days later and closing 2 days thereafter.

Legal to take: Antlered deer, antlerless deer, wild hog, gobbler or bearded turkey (during spring turkey season only), gray squirrel, rabbit, non-protected birds, armadillo, black and brown rats, house mouse, nutria, and furbearers. Two deer or two turkeys may be taken per quota permit. Only certified mobility-impaired hunters may take an antlerless deer. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age.
General regulations:

a. When the check station is staffed, hunters shall check in and out at the designated check station on Holton Creek WMA and report all harvested wildlife taken.

b. During periods open to hunting public access is restricted to individuals with valid quota hunt permits and those persons identified in Rule 68A-15.005, F.A.C. Only one quota hunt permit may be utilized per individual per hunt.

c. Vehicles may be operated only from 1.5 hours before sunrise until 1.5 hours after sunset, only on named or numbered roads during periods open to hunting and one day prior.

d. The use of tracked vehicles, airboats, motorcycles, or all-terrain vehicles is prohibited, except all-terrain vehicles may be used during mobility-impaired hunts.

e. Hunters shall enter and exit through a designated entrance only. The area may be accessed during non-hunting periods only by use of the Adams Grade parking area.

f. All mobility-impaired hunters and guests are required to attend a pre-hunt orientation meeting.

g. The possession of dogs or horses is prohibited, except dogs as provided by paragraph 68A-15.004(7)(c), F.A.C., and dogs on a leash may be used for trailing wounded game.

h. During non-hunting periods, access is restricted to foot traffic only.

i. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

(d) Branan Field Mitigation Park – Duval and Clay counties.

Taking wildlife with guns is prohibited.
Possession of trapping devices is prohibited.
Possession of dogs is allowed as provided by paragraph 68A-17.004(7)(c), F.A.C.
Access shall be restricted to foot traffic only. No motorized vehicles or horseback riding shall be allowed.

(e) Bell Ridge Mitigation Park.

Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
Public access other than by foot (pedestrian) is prohibited.
All persons shall enter and exit the area only at designated entrances.

(f) Lafayette Forest Wildlife and Environmental Area.

Open seasons:

a. Archery season – Opening 42 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter, reopening 2 days later and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter.

b. Muzzleloading gun season – Opening 14 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

c. Family hunt – Opening the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Saturdays and Sundays only).

d. Small game – Opening the day after the last day of the family hunt and closing the first Sunday in March.

e. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

f. Spring turkey – Opening the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, and reopening 4 days later and closing 2 days thereafter.

g. Fishing – Allowed year round.

h. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season, turkey of either sex may be taken and the bag limit for deer shall be one antlered or one antlerless deer per person, but no more than two deer per quota permit. During the family hunt the bag limit shall be one antlered or one antlerless deer per person. During the muzzleloading gun season, the bag limit shall be one antlered deer per person, but no more than two antlered deer per quota permit. During the spring turkey season, one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.
General regulations:

a. All persons shall enter and exit the area at designated entrances.

b. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise except during small game season by persons hunting as specified in paragraph 68A-24.002(2)(b), F.A.C. and persons hunting during the April or June wild hog-dog season hunts on Mallory Swamp WMA or in possession of a Special Use Authorization from the Suwannee River Water Management District for Mallory Swamp Wildlife Management Area may traverse McCalls Chapel Grade.

c. Possession of any animal is prohibited, except horses, dogs as provided by paragraph 68A-17.004(7)(c), F.A.C., dogs on a leash may be used for trailing wounded game, dogs may be transported year-round on McCalls Chapel Grade, dogs may be used to hunt during small game season, and raptors may be used during the falconry season. Horses are allowed on firebreaks, designated trails, and named or numbered roads only.

d. Taking wildlife with dogs is prohibited during the small game season, except by persons hunting as specified in paragraph 68A-24.002(2)(b), F.A.C., and any dog may be used to take small game.

e. Taking wild hog by the use of dogs is prohibited.

f. Motorized vehicular access is prohibited except on McCalls Chapel Grade and Lafayette Loop. Lafayette Loop may be driven on only by persons authorized to participate in the hunts and only on hunt days and the day prior to each hunt, except all persons may drive on Lafayette Loop during the small game season.

g. During the archery, muzzleloading gun, family hunt, youth turkey and spring turkey seasons, public access is limited to persons participating in the hunt, except that all persons may use McCalls Chapel Grade to access Mallory Swamp Wildlife Management Area.

h. The use of all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.

(g) Watermelon Pond Wildlife and Environmental Area.

Open seasons:

a. Archery season – Opening 21 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter.

b. Small game – Opening 14 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, and reopening 13 days later and closing 22 days thereafter.

c. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

d. Duck, geese and coot – During the seasons established by Rule 68A-13.003, F.A.C. on the Gladman Tract only.

e. Fishing and frogging – Allowed year round.

f. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

g. Spring turkey – Opening 13 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During archery season, deer (except spotted fawns) and turkey of either sex may be taken and the bag limit for deer shall be one per person.
Camping: Prohibited except as authorized by the Florida Forest Service.
General regulations:

a. Persons shall enter and exit the area only through County Road 337, SW 250th street, or via Watermelon Pond.

b. Motorized vehicular access is prohibited, except in designated parking areas.

c. Bicycles may be ridden on roads, firelines and designated trails only.

d. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

e. Possession of animals is prohibited; except that dogs are allowed as provided by paragraph 68A-17.004(7)(c), F.A.C., dogs on a leash may be used for trailing wounded game, horses are allowed on roads, firelines and designated trails only, bird dogs and waterfowl retrievers may be used for hunting during the small game season and seasons established by Rule 68A-13.003, F.A.C., on the Gladman Tract and raptors may be used for falconry season.

f. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. Participants must enter and exit the area only at a designated quail release entrance.

g. Taking wildlife with centerfire rifles is prohibited during small game season.

(3) Northwest Region.

(a) Judges Cave – Jackson County.

Taking wildlife with guns is prohibited.
Unauthorized public access is prohibited.
Judges Cave will be closed to entry from March 15 through September 15.
Fires are prohibited.
The disturbance or removal of any tree or plant is prohibited.

(b) Apalachicola River – Gulf and Franklin counties.

Open seasons:

a. Archery – Opening 33 days prior to the first day of the general gun season and closing 29 days thereafter.

b. Muzzleloading gun – Opening the first Saturday in December and closing 2 days thereafter.

c. General gun – Opening the fourth Thursday in November and closing 3 days thereafter and reopening the second Saturday in December and closing 53 days thereafter.

d. Small game – During the open seasons established in Rule 68A-13.004, F.A.C., except gray squirrel season shall open the second Saturday of November and close the first Sunday in March.

e. Archery/Muzzleloading gun – Opening the day immediately following the last day of the general gun season and closing 10 days thereafter.

f. Spring turkey – During the spring turkey season established for Zone D in Rule 68A-13.004, F.A.C.

g. Wild hog-dog – Opening the third Friday and closing 6 days thereafter in the months of July, August, September, May and June.

h. Migratory birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

i. Fox, raccoon, opossum and bobcat – Throughout the year.

j. Trapping – December 1 through March 1.

k. Fishing and frogging – Throughout the year.

l. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. Antlerless deer may only be taken during the archery season. Bearded turkey or gobblers may be taken during the spring turkey season and the first 41 days of the general gun season; turkey of either sex may be taken during the archery and muzzleloading gun seasons. During the first phase of dove season, taking dove in posted dove fields is prohibited except on Saturdays. Wild hog may only be taken during the archery, muzzleloading gun, general gun, archery/muzzleloading gun and wild hog-dog seasons and during the open season for quail established in Rule 68A-13.004, F.A.C.
Camping: Throughout the year. A permit as provided by paragraph 68A-17.004(8)(a), F.A.C., is required if camping within any designated campground. In the remainder of the area, camping is limited to 14 consecutive days and prohibited where posted as no camping; except that camping is prohibited in the Tate’s Hell State Forest portion of the area. Camping is limited to tents, trailers or self-propelled camping vehicles. Unless contained in mobile campers, kitchen stoves, refrigerators and freezers are prohibited. Lumber, sheet metal or other building materials are prohibited.
General regulations:

a. Furbearers may be taken in accordance with the provisions of Rule 68A-24.002, F.A.C., except the use of dogs is prohibited during the spring turkey season and traps may only be used during the established trapping season.

b. The use of dogs, other than bird dogs or retrievers, on posted dove fields is prohibited during the first phase of dove season.

c. Vehicles may be operated only on named or numbered roads.

d. Fires other than campfires are prohibited.

e. Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited in the still hunt area, defined as that portion of the area posted as Florida Forest Service lands (which lie east of East Bay and Cash Bayou) and Northwest Florida Water Management District lands (not including those NWFWMD lands lying west of the Chipola River upstream from its confluence with the Apalchicola River or south of the Chipola River downstream from its confluence with the Apalachicola River), except any dog may be used during the wild hog-dog season. The dog hunt area is defined as that portion of the area outside the still hunt area. The take of deer with dogs is prohibited, except during the general gun season in the dog hunt area. The take of wild hog with dogs is prohibited, except during the general gun and small game seasons in the dog hunt area and throughout the area during the wild hog-dog season. Taking furbearers with dogs is prohibited in the still hunt area.

f. The use of all-terrain vehicles is prohibited in that portion of the area posted as Florida Forest Service or Northwest Florida Water Management District lands.

g. During the wild hog-dog season, hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. on the last day of the hunt.

h. During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.

i. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. The release of northern bobwhite is allowed only in that portion of the area east of the Apalachicola River, east of the East River, north of Sam’s Creek Cutoff, and west of East Bay.

j. Taking rabbits, armadillo, black and brown rats, house mouse, or nutria with dogs during the spring turkey season is prohibited.

Open seasons for that portion of the area west of Chaires Cross Road:

a. Small game – Opening the second Saturday in November and closing the first Sunday in March.

b. Youth turkey hunt – During the youth turkey hunt established in Rule 68A-13.004, F.A.C.

c. Spring turkey – During the first three days of the regular season for Zone C, and the Friday, Saturday and Sunday of the third and fifth weekends of the regular season for Zone C established in Rule 68A-13.004, F.A.C.

d. Migratory birds – During seasons established in Rules 68A-13.003 and 68A-13.008, F.A.C.

e. Fishing and frogging – Allowed throughout the year.

f. Archery – Opening 37 days prior to the first Saturday in November and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

g. Family hunt – Opening the Thursday following the close of archery season and closing 3 days later.

h. Archery/Muzzleloading gun – Opening the fourth Thursday in November and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

Open seasons for that portion of the area east of Chaires Cross Road:

a. Archery – Opening 37 days prior to the first Saturday in November and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

b. Family hunt – Opening the Thursday following the close of archery season and closing 3 days later.

c. Archery/Muzzleloading gun – Opening the fourth Thursday in November and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

d. Small game – Opening the second Saturday in November and closing the first Sunday in March (except during the archery/muzzleloading gun season).

e. Youth turkey hunt – During the youth turkey hunt for Zone C established in Rule 68A-13.004, F.A.C.

f. Spring turkey – During the first three days of the regular season for Zone C, and the Friday, Saturday and Sunday of the third and fifth weekends of the regular season for Zone C established in Rule 68A-13.004, F.A.C.

g. Duck, geese and coot – During the first three days of both the wood duck and teal and duck, light goose, and coot seasons established in Rule 68A-13.003, F.A.C.

h. Fishing and frogging – Allowed throughout the year.

Legal to take: All legal game (except turkey may be taken during spring turkey season only), fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the spring turkey season, one gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. During the archery season the bag limit for deer shall be one antlered or one antlerless deer per person, but not more than two per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the archery/muzzleloading gun season the bag limit for deer shall be one antlered deer per person, but not more than two per quota permit. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset.
General regulations:

a. Vehicles may be operated only on named or numbered roads and shall enter and exit at designated entrances. Vehicle access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

b. Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during small game season. Taking deer, furbearers, and wild hog with dogs is prohibited.

c. Taking wildlife with centerfire rifles is prohibited.

d. The use of swamp buggies, tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.

e. During the youth turkey and spring turkey seasons, access to the area from one-half hour before sunrise to 1:00 p.m. shall be restricted in the area east of Chaires Cross Road to individuals authorized to participate in the quota hunt.

g. Individuals participating in waterfowl hunts in that portion of the area lying west of Chaires Cross Road are exempt from quota permit requirements.

(d) St. Andrew’s Flatwoods – Bay County.

Taking wildlife with a gun is prohibited.
Fishing and frogging is prohibited.
Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.
Public access other than by foot (pedestrian) is prohibited. No motorized vehicles, bicycles, or horseback riding is allowed.
Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

(4) South Region.

(a) Southern Glades – Dade County.

Open season:

a. Archery – Opening 49 days prior to the first day of Zone A antlered deer season as established in Rule 68A-13.004, F.A.C., and closing 29 days thereafter.

b. Muzzleloading gun – Opening 8 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

c. General gun – Opening the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter, and reopening 36 days later and closing 6 days thereafter.

d. Small game – Opening the day after the last day of general gun season and closing 83 days thereafter.

e. Ducks, geese, coots, and snipe – During the seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C.

f. Fishing is allowed throughout the year.

g. Frogging – The day following the close of the general gun season through March 1.

Legal to take: All legal game (except wild turkey and antlerless deer), fish, frogs and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.
General regulations:

a. Taking wildlife with dogs is prohibited, except dogs may be used for taking small game during small game season and waterfowl retrievers and bird dogs may be used to take ducks, geese, coots, and snipe during their respective statewide seasons. The take of wild hog with dogs is prohibited.

b. The take of wildlife with guns is prohibited on, from, or across any levee or improved road.

c. Hunting is prohibited within 100 yards of 232nd avenue. The take of wildlife with a firearm east of the C-109 road or within 500 yards of the Dade Work Camp is prohibited.

d. The use of tracked vehicles, buggies, airboats, unlicensed and unregistered motorcycles, and all-terrain vehicles is prohibited in the area, except that airboats may be used in units 3 and 4 from the day after the last day of the general gun season through March 1. All vessels except airboats may be used within canals. Motor vehicles may be operated on named or numbered roads only.

e. Vehicles shall not be parked in such a manner as to obstruct roads, gates, or trails.

f. Beginning the day after the last day of small game season through the second Sunday in April the use of centerfire rifles for taking wildlife is prohibited.

g. Beginning the day after small game season ends through the second Sunday in April, shooting hours shall be 1/2 hour before sunrise until 1/2 hour after sunset.

h. Taking wildlife with centerfire rifles is prohibited during small game season.

(b) John G. and Susan H. Dupuis Jr. – Palm Beach and Martin counties.

Open season:

a. Archery – Opening 8 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).

b. Muzzleloading gun – Opening 20 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).

c. General gun for mobility-impaired – Opening 42 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 1 day thereafter.

d. General gun – Opening 48 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only).

e. Wild hog-still – Opening 9 days prior to the fourth Thursday in November and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening the second Saturday in April and closing 8 days thereafter, and reopening the second Saturday in May and closing 8 days thereafter.

f. Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

g. Spring turkey – Opening 3 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 8 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter.

h. Small game – Opening the second Saturday following Thanksgiving Day and closing 50 days thereafter.

i. Migratory birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

j. Fishing is allowed year round.

Legal to take: All legal game (except turkeys may be taken during spring season only), wild hog, fish and furbearers (except otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer (except spotted fawns) may be taken during the archery and general gun for the mobility-impaired seasons. The bag limit for deer shall be one per quota permit, except during the general gun for mobility-impaired season when one (1) antlered and one (1) antlerless deer may be taken per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired season. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. The take of deer is prohibited during the wild hog season. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.
Camping – Prohibited, except at designated campsites and except that a special use license issued by the South Florida Water Management District shall be required for camping at the Group Campground, Family Use Campground, and Equestrian Campground.
General regulations:

a. Fires are prohibited except at designated areas.

b. The possession or consumption of intoxicating beverages is prohibited.

c. Taking wildlife with dogs is prohibited, except bird dogs and retrievers are allowed for taking migratory birds during their respective statewide seasons and dogs are allowed for taking small game during the small game season. The take of wild hog with dogs is prohibited.

d. Vehicles may be operated only on named roads and designated parking areas except during the general gun for mobility-impaired season when all-terrain vehicles can be used off roads.

e. The use of tracked vehicles, buggies, airboats, or all-terrain vehicles is prohibited except all-terrain vehicles may be used during the general gun for mobility-impaired season. The operation of a motorcycle that is not registered and licensed is prohibited. During quota hunts, the operation of any vessel powered by an internal combustion engine is prohibited.

f. Horses may be used only on designated equestrian trails and named or numbered roads. Persons horseback riding on the area shall enter and exit only at Gate 3.

g. When the check station is staffed, hunters must check in and out at the check station and check all harvested wildlife, and no deer or turkey may be dismembered until checked at the check station. Hunters must enter and exit the area through the designated entrance where the check station is located. People through-hiking on the Florida Trail may enter or exit the area through the Florida Trail.

h. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

i. Each hunter participating in the general gun for mobility-impaired season is required to attend a pre-hunt orientation meeting.

j. Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited during the small game season.

k. Taking wildlife with guns other than bows is prohibited in the archery-only area, defined as that portion of the area lying east of the firebreak that connects Gate 2 to Jim Lake Grade, west of Powerline Grade, south of SW Kanner Hwy., and north of Jim Lake Grade and the firebreak connecting Jim Lake and Powerline grades.

Open season:

a. Archery – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (except in Corkscrew Marsh Unit).

b. Wild hog-still (archery only) – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Corkscrew Marsh Unit only).

c. Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (except in Corkscrew Marsh Unit).

d. Wild hog-still (muzzleloading gun only) – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Corkscrew Marsh Unit only).

e. General gun – Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (except in Corkscrew Marsh Unit).

f. Wild hog-still – Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Corkscrew Marsh Unit only).

g. Small game – Opening 6 days after the last day of general gun season established by Rule 68A-13.004, F.A.C., and closing 29 days thereafter.

h. Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter.

i. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

j. Fishing and frogging – Allowed throughout the year.

k. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

Legal to take: All legal game (except antlerless deer), fish, frogs, and furbearers (except bobcat and otter). The bag limit for deer shall be one per quota permit. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The taking of deer is prohibited in the Corkscrew Marsh Unit. One gobbler (or bearded turkey) may be taken per spring turkey and youth turkey quota permit. The taking of wild turkey is prohibited, except during the spring turkey season.
Camping: Camping is allowed at designated sites by permit from the South Florida Water Management District.
General regulations:

a. Fires other than campfires at approved campsites are prohibited.

b. Take of wildlife with dogs is prohibited, except bird dogs or retrievers may be used to take small game during general gun season and any dog may be used to take small game during small game season. The take of wild hog with dogs is prohibited.

c. The use of tracked vehicles, swamp buggies, unlicensed and unregistered motorcycles, all-terrain vehicles, or vessels, except canoes or kayaks, is prohibited, except that swamp buggies may be operated by individuals participating in hunts.

d. Vehicles may be operated only on named or numbered roads designated for vehicles. During the archery, muzzleloading gun, general gun and spring turkey seasons beginning at 8:00 a.m. the day prior to the opening of each season vehicles may also be operated on named or numbered trails by individuals possessing a valid quota hunt permit.

e. The use or possession of horses is prohibited, except by individuals with written authorization from the South Florida Water Management District.

f. Persons may enter and exit the area only at designated access points and, when check stations are staffed, hunters must check in and out at the designated check station and must check all harvested wildlife. Public access via the designated access point located at the intersection of Sand and Vincent roads is prohibited, except by individuals possessing a valid quota permit and their guests.

g. Persons may enter the area no earlier than two hours before sunrise and must exit the area within two hours after sunset, unless camping at a designated campsite.

h. Hunters shall enter and exit the Corkscrew Marsh Unit only through Gate 5.

i. Hunting east of or within 1/4-mile of the western North/South Tram Road and south of Bonita Beach Road in the Bird Rookery Swamp Unit is prohibited.

j. When check stations are staffed, no deer or turkey may be dismembered until checked at a check station.

k. Taking wildlife with centerfire or rimfire rifles is prohibited.

l. Taking wildlife with a gun within 100 yards of a designated campsite is prohibited.

(d) Florida Keys – Monroe County.

Taking wildlife with firearms or guns is prohibited.
Fishing is allowed throughout the year.
Camping is prohibited.
General regulations:

a. Fires are prohibited.

b. Constructing or erecting a permanent or semi-permanent structure is prohibited.

c. Dogs are prohibited, except that dogs not normally used for hunting and kept under restraint may be possessed. No person shall allow any dog to pursue or molest wildlife.

d. Unauthorized disturbance, detachment, possession, or removal of any plant or animal, dead or alive, is prohibited.

e. Unauthorized planting of trees, shrubs, or other vegetation is prohibited.

f. No person shall place, expose, or distribute any grain or other food for wildlife except as authorized by permit from the Executive Director.

g. The disturbance or removal of any man-made, cultural, or natural materials or features, or non-renewable resources is prohibited.

h. Vehicles may be operated only on named or numbered roads.

i. No person shall park any vehicle in a manner which obstructs a road, gate, or firelane.

j. Public access is prohibited in areas posted as “Restricted” for protection of threatened or endangered species or environmentally sensitive areas.

k. The use of tracked vehicles, unlicensed and unregistered motorcycles, or all-terrain vehicles is prohibited.

l. Vessels may be launched at designated ramps only.

(e) John C. and Mariana Jones/Hungryland – Palm Beach and Martin Counties.

Open season:

a. Archery – Opening 7 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 24 days thereafter (Saturdays, Sundays, Mondays, and Tuesdays only).

b. Muzzleloading gun – Opening 28 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

c. General gun – Opening 42 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 16 days thereafter (Saturdays, Sundays, and Mondays only).

d. Small game – Opening 5 days after the last day of general gun season established by Rule 68A-13.004, F.A.C., and closing the second Sunday in January.

e. Spring turkey – Opening 14 days after the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter (Wednesdays, Saturdays and Sundays only).

f. Migratory birds – During the seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

g. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

h. Fishing and frogging – Allowed throughout the year.

Legal to take: All legal game (except antlerless deer), fish, frogs and furbearers (except bobcat and otter). The bag limit for deer shall be two per quota permit, but no more than one per person. The taking of wild turkey is prohibited, except during the spring turkey season. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.
Camping: Prohibited, except in designated campgrounds by permit as provided by Rule 68A-15.004, F.A.C. Only tents may be used for camping.
General regulations:

a. Fires are prohibited except at designated camping sites.

b. Motorized vehicles may be operated only on named or numbered roads and in designated parking areas, unless otherwise posted as closed. Only equestrain trailers may be used at Gate 8 and the associated parking area. Motor vehicles are prohibited on the Old Jupiter-Indiantown Grade.

c. The use or possession of tracked vehicles, buggies, airboats, unlicensed and unregistered motorcycles, off-highway vehicles (including side-by-sides), and all-terrain vehicles is prohibited.

d. When the check station is staffed, hunters must check in and out at the check station when entering and exiting the area and check all harvested wildlife.

e. When the check station is staffed, no deer or turkey may be dismembered until checked at the check station.

f. Taking wildlife with dogs is prohibited except bird dogs and retrievers may be used for taking migratory birds during their respective statewide seasons and during small game season dogs may be used to take small game. The take of wild hog with dogs is prohibited.

g. Taking wildlife with centerfire or rimfire rifles is prohibited.

h. Horses may be used only on designated equestrian trails and named or numbered roads.

i. Persons shall enter and exit the area only at designated entrances.

(5) Northeast Region. Split Oak Forest Mitigation Park – Orange and Osceola counties.

(a) Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

(b) All persons shall enter and exit the area only at designated entrances.

(d) Public access is prohibited from one-half hour after sunset to one-half hour before sunrise.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 1-6-09, 7-1-09, 10-29-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-26-12, 7-1-13, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24, 7-1-25, 9-16-25, 10-29-25, 7-1-26.

Chapter 68A-18 WILDLIFE REFUGES

Fla. Admin. Code R. 68A-18.004 Regulations in Wildlife Refuges

No person shall take or possess any wildlife on any area established as a wildlife refuge; or take or possess any freshwater fish on any area closed to the taking of freshwater fish. In any wildlife refuge, no person shall be in possession of a dog or trap for taking wildlife. In any refuge where taking freshwater fish is prohibited, no person shall be in possession of any device for taking freshwater fish.

History

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-18.04, 39-18.004, Amended 7-1-08.

Chapter 68A-19 BIRD SANCTUARIES OR COLONIAL NESTING SITES

Fla. Admin. Code R. 68A-19.002 Establishment of Restricted Hunting Areas, and Bird Sanctuaries, Procedure

(1) The Commission may establish bird sanctuaries for the protection of all birds and other wildlife and restricted hunting areas within any developed area upon the written request of the local governmental body having jurisdiction over such areas. In requesting establishment of such restricted hunting areas or bird sanctuaries, the governing body shall, by proper resolution or ordinance, officially agree to assume the responsibility for enforcement of regulations of the Commission which apply to such areas, including posting the area boundary with signs bearing the words “RESTRICTED HUNTING AREA, Hunting by Special Permit Only” or “BIRD SANCTUARY, No Hunting” established by Rule 68A-19.002, F.A.C., which shall be placed at intervals of no more than 500 feet, be easily visible from any point of ingress or egress and provide other necessary notice of such area to the public. Said governing body shall agree to instruct its duly authorized law enforcement personnel to enforce said regulations within the area.

(2) Following receipt of the request of the governing body the Commission shall, through its staff, investigate to ensure that the tract under consideration is sufficiently developed as to preclude recreational hunting in the interest of safety and that its closure will not result in a denial of reasonable and lawful hunting opportunity.

(3) Action by the Commission for the establishment of restricted hunting areas or bird sanctuaries as recommended by its staff shall be taken at its July and January meetings.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-19.02, Amended 5-10-87, 11-23-97, Formerly 39-19.002.

Fla. Admin. Code R. 68A-19.004 Regulations in Bird Sanctuaries

No person shall take any wildlife in any bird sanctuary using a gun unless such taking is authorized by specific rule relating to such sanctuary.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 8-1-79, Formerly 39-19.04, Amended 4-14-92, 9-7-97, 11-23-97, Formerly 39-19.004.

Fla. Admin. Code R. 68A-19.005 General Regulations Relating to Critical Wildlife Areas

(1) The general regulations for critical wildlife areas shall be as follows:

(a) Areas in which regulations are to be enforced shall be posted as a “Critical Wildlife Area” to provide due notice as to the identity and status of the area.

(b) The take of fish and wildlife is prohibited within any area posted as a critical wildlife area, except as authorized in the order establishing the critical wildlife area.

(d) Dogs are prohibited within areas posted as “Dogs Prohibited.”

(e) The Executive Director may issue permits authorizing access for scientific or conservation purposes to a critical wildlife area where public access is prohibited. Persons so authorized must possess a copy of the authorization when engaged in such activities.

(2) Regulations for any specific critical wildlife area that differ from the general regulations set forth in this rule shall be established by the order establishing the critical wildlife area.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 11-17-81, 6-21-82, Formerly 39-19.05, Amended 4-14-92, Formerly 39-19.005, Amended 3-1-10.

Fla. Admin. Code R. 68A-19.006 Taking Game in Restricted Hunting Areas

No person shall take any wildlife in any restricted hunting area using a gun unless such taking is authorized by a permit issued by the executive director or his or her designee. Such permits may be issued on an annual basis upon application by a landowner or lessee under the following conditions:

(1) The taking of wildlife by the use of a gun would not endanger the safety of the public.

(2) The taking of wildlife is subject to all applicable Commission regulations governing hunting such as bag limits, possession limits and hours of shooting.

(3) At all times while hunting, the permit to take wildlife shall be in the possession of the landowner, lessee or their guests and invitees.

(4) The executive director or his designee shall consult with the appropriate unit of local government prior to taking action on the request for permit.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 11-4-97, Formerly 39-19.006.

Chapter 68A-20 FISH MANAGEMENT AREAS

Fla. Admin. Code R. 68A-20.004 Regulations in Fish Management Areas

No person shall take fish in any fish management area except as provided by rules of the Commission.

(1) Any person fishing on a fish management area shall be licensed to take fish as provided by Section 379.354, F.S., unless exempt by law.

(2) All Fish Management Area lakes are open to fishing, except as provided in Rule 68A-20.005, F.A.C. The possession of fishing devices or fishing tackle is prohibited on any fish management area closed to fishing.

(3) Methods of taking freshwater fish shall be as established for the state in Rule 68A-23.002, F.A.C., except as provided under the rules established for a particular fish management area in Rule 68A-20.005, F.A.C. The possession of nets, fish traps, trotlines, set lines or bush hooks is prohibited unless specifically authorized in Rule 68A-20.005, F.A.C. Minnow seines or cast nets may be used for the taking of bait.

(4) Daily bag limits or length limits for certain freshwater fish shall be as provided below:

(a) Channel catfish – six fish, no length limit.

(b) Freshwater gamefish – as established in Rule 68A-23.005, F.A.C., except as specified in Rule 68A-20.005, F.A.C.

(5) Persons entering or leaving fish management areas having designated entry points shall enter or leave only at such designated points.

(6) Fishing is prohibited in those waters posted as closed to fishing.

(7) Fish management areas or portions thereof may be temporarily closed to public access in the event of ongoing fish management activities or other conditions in which public access or use would negatively impact the area and its fishery, or endanger public safety. Notice of the closure of any fish management area or portion thereof shall be posted at all public access points during the closure period, and to the extent circumstances permit, prior public notice of any such closure shall be afforded through publication in a newspaper of general circulation in the area affected. Entry into any fish management area or portion thereof closed in accordance with this provision is prohibited.

(8) No person shall intentionally release freshwater fish or wildlife of any species into any fish management area that were obtained outside the area unless authorized by permit from the executive director. Requests for permits to intentionally release freshwater fish or wildlife into fish management areas shall be subject to the criteria of Rule 68A-9.002, F.A.C., and Sections 379.28 and 379.231, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-20.04, Amended 5-10-87, 7-1-92, 7-1-94, 4-1-96, 7-1-97, 7-1-98, Formerly 39-20.004, Amended 7-29-07, 3-25-12.

Fla. Admin. Code R. 68A-20.005 Specific Fish Management Area Regulations

(1) Northwest Region:

(a) Juniper Bay Lake, Walton County.

(b) Lake Victor, Holmes County:

The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dams, spillways and fishing fingers.
Daily bag limit of fifteen (15) black bass, none of which may be 16 inches or longer in total length.
Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3” in length. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

The taking of fish and wildlife with rifles is prohibited.
The possession of gigs is prohibited.
Trotlines may be used.
No person shall take in any one day more than 10 redear sunfish (shellcracker).
No person shall kill or possess any redear sunfish that is less than 10 inches in total length.
No daily creel limit for channel catfish.

(d) Hurricane Lake, Okaloosa County:

The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dams, spillways and fishing fingers.

(e) Karick Lake, Okaloosa County:

The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dams, spillways and fishing fingers.

(f) Lake Stone, Escambia County:

The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dams, spillways and fishing fingers.

(g) Bear Lake, Santa Rosa County:

The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dams, spillways and fishing fingers.

(h) Joe Budd Pond, Gadsden County.

Closed to fishing, except as follows:

a. From July through September, open to fishing during daylight hours as specified by Order of the Executive Director.

b. Open to fishing by permit for Commission-sanctioned events throughout the year.

No person shall take in any one day more than 10 sunshine bass.
No person shall kill or possess any black bass less than 16 inches in total length.
No person shall take in any one day more than 20 panfish, in the aggregate.
The use of boats propelled by gasoline motors is prohibited.
Motor vehicles are prohibited on dam, spillway and earthen fishing fingers.

(i) Lake Piney Z, Leon County:

Swimming, taking of fish or wildlife with firearms, or possession of alcoholic beverages is prohibited.
Water craft shall be allowed only as prescribed by the City of Tallahassee.
Motor vehicles are prohibited on dams, spillways and earthen fishing fingers.
Use or possession of minnow seines or castnets is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from sunset until sunrise.

(2) North Central Region:

(a) Camp Blanding area, Clay County: closed to fishing from one-half hour after sunset until one-half hour before sunrise and during National Guard training encampments.

Magnolia and Lowery lakes.

Guns are prohibited for taking of fish or wildlife, except during the designated hunting season for Camp Blanding Wildlife Management Area.
Camping is prohibited.
Picnicking and boat launching are permitted only at designated areas.
All watercraft shall be operated at idle speed.
During periods closed to hunting, vehicles may be operated only on roads to designated access areas.
During periods closed to hunting, the use of three-wheeled vehicles and motorcycles is prohibited.

(b) Lakes Lochloosa, Orange and Newnans, Alachua County:

Trotlines having a gallon-size plastic float at each end may be used provided that such lines shall be sunk to the bottom or to a minimum depth of four feet.
No daily bag limit for channel catfish.
Orange Lake, including waters lakeward (south and east) of County Road 346 and waters west of U.S. Highway 301:

a. No person shall kill or possess any black bass that is 20 inches or more in total length.

b. Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3” in length. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

Lochloosa Lake, including Tadpole Creek, Lochloosa Creek, and Cross Creek:

a. No person shall kill or possess any black bass that is 20 inches or more in total length.

Camping is prohibited.
Motor vehicles are prohibited on dam and fishing fingers.
Taking of fish or wildlife with firearms is prohibited.
Possession of alcoholic beverages is prohibited.
Access to the area from 30 minutes after sunset until 30 minutes before sunrise for any use other than fishing and the launching and loading of boats is prohibited.
No daily bag limit for channel catfish.
Daily bag limit of fifteen (15) black bass, none of which may be 16 inches or longer in total length.
Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3” in length. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

(d) Koon Lake, Lafayette County:

Taking of fish or wildlife with firearms is prohibited.
No daily bag limit for channel catfish.

(e) Watertown Lake, Columbia County:

Taking of fish and wildlife with firearms is prohibited.
Watercraft shall be operated at idle speed before 10:00 a.m. and after 4:00 p.m. daily.
No person shall take in any one day more than 20 panfish, in the aggregate.

(f) Montgomery Lake, Columbia County:

Boats are restricted to idle speed-no wake.
No person shall take in any one day more than 20 panfish, in the aggregate.

(g) Ronnie Van Zant Park Pond, Clay County:

Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.
Boats or any floating vessel or apparatus prohibited.
Swimming and camping prohibited.
No person 16 years old or older shall fish unless accompanied by an angler less than 16 years of age.
Fishing permitted only with hook and line or rod and reel.
No nets allowed except dip nets.
No person shall take in any one day more than 20 panfish, in the aggregate.

(h) Eagle Lake, Hamilton County:

The use of boats propelled by gasoline motors is prohibited.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.
Swimming and taking of fish or wildlife with firearms is prohibited.

(i) Alligator Lake, Columbia County: fishing is prohibited in Ponderosa Pond except by permit issued pursuant to subsection 68A-9.002(1), F.A.C.

(j) St. Augustine Road Ponds, St. Augustine Road, North Pond and South Pond – Duval County:

The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(k) Oceanway Pond, Duval County:

Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(l) Hanna Park Ponds, Duval County:

Taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(m) Pope Duval East Pond, Duval County:

Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(n) Pope Duval West Pond, Duval County:

Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(o) Bethesda Pond, Duval County:

The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(p) Huguenot Pond, Duval County:

The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(q) Crystal Springs Park, Duval County:

No person between the ages of 16 years and 64 years shall fish unless accompanied by an angler less than 16 years of age; by an angler 65 years of age or older; by angler who has been certified by the U.S. Veterans Administration, U.S. Social Security Administration, by any branch of the U.S. Armed Services, or by a licensed physician in this State to be totally and permanently disabled and has obtained a permanent license issued pursuant to Section 379.352(5), F.S.; or by an angler with proof of acceptance as a client for developmental services by the Department of Children and Family Services.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats is prohibited.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(r) Baymeadows, Duval County.

Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is prohibited.
The use of boats propelled by a gasoline motor is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(3) Northeast Region:

(a) Lake Panasoffkee, Sumter County: No daily bag limit for channel catfish. Trotlines may be used.

(b) Chain of Lakes, Lake County:

Cook, Winona, Palatlakaha, Crescent, Louisa, Minnehaha, Hiawatha, Minneola, Wilson, Susan and Cherry lakes.

No daily bag limit for channel catfish.
Trotlines may be used from sunset until 9:00 a.m.

(c) Lake Griffin, Lake County, including all Emeralda Marsh water bodies open to Lake Griffin, and including all points lakeward of a boundary line delineated by: County Road 44 and Burrell Lock and Dam on Haynes Creek (formerly Haines Creek); County Road 464c at Moss Bluff Lock and Dam.

No daily bag limit for channel catfish.
Trotlines may be used, provided that trotlines are prohibited from 9:00 a.m. Friday until one hour before sunset Sunday. Trotlines shall also be prohibited from 9:00 a.m. until one hour before sunset Monday through Thursday from May 1 through October 31. No trotline shall be secured to or fished within 50 yards of a private pier or dock.
No person shall kill or possess any black crappie less than 10 inches in total length.

(d) Pellicer Pond, Flagler County

(e) Lake Dias, Volusia County: No daily bag limit for channel catfish.

(f) Fox Lake, Brevard County:

No daily bag limit for channel catfish.
The use of airboats for fishing or frogging is prohibited.

(g) South Lake, Brevard County:

The use of airboats for fishing and frogging is prohibited.
Trotlines may be used.
No daily bag limit for channel catfish.

(h) Lake Ivanhoe, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Cast nets are prohibited.

(i) Lake Santiago in Demetree Park, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Boats are prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Cast nets are prohibited.

(j) Hal Scott Lake, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Boats with gasoline motors are prohibited.
Cast nets are prohibited.
No person shall kill or possess any black bass.
No person shall take in any one day more than 20 panfish, in the aggregate.

(k) Secret Lake Park, Seminole County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Personal water craft are prohibited.
Cast nets are prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.

(l) All waters in Bear Creek Park, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Use or possession of cast nets is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.

(m) All waters in Shadow Bay Park, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Use or possession of cast nets is prohibited.
No person shall take in any one day more than five bluegill. No person shall kill or possess any bluegill less than 12 inches in total length.
No person shall kill or possess any black bass.
No person shall take in any one day more than one channel catfish. No person shall kill or possess any channel catfish less than 30 inches in total length.

(n) Clear Lake, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Cast nets are prohibited.

(o) Lake Lawne, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Cast nets are prohibited.

(p) Starke Lake, Orange County:

No daily bag limit for channel catfish.
Use or possession of cast nets or minnow seines is prohibited.

(q) Turkey Lake, Orange County:

Swimming, taking of fish and wildlife with firearms or possession of alcoholic beverages is prohibited.
Cast nets are prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
No person shall kill or possess any black bass.
Use of boats propelled by gasoline motors is prohibited, except for special events sanctioned by the city of Orlando or the Commission.

(r) Lake Underhill, Orange County:

Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
Cast nets are prohibited.
No person shall take in any one day more than 20 panfish.
No person shall kill or possess any black bass.

(s) East Lake Tohopekaliga, Osceola County:

Nongame fish may be taken by castnets, dip nets, seines, trotlines, set lines, bush hooks, and traps as specified in Rules 68A-23.002, 68A-23.003 and 68A-23.004, F.A.C.
No daily bag limit for channel catfish.

(t) Lake Jackson, Osceola County:

No person shall kill or possess any black bass.
Use or possession of cast nets, minnow lift nets, or minnow seines is prohibited.
No daily bag limit for channel catfish.

(u) Lake Marian, Osceola County:

Nongame fish may be taken by castnets, dip nets, seines, trotlines, set lines, bush hooks, and traps as specified in Rules 68A-23.002, 68A-23.003 and 68A-23.004, F.A.C.
No daily bag limit on channel catfish.

(v) Lakes Tohopekaliga (West Lake Tohopekaliga), Cypress, Hatchineha and Kissimmee, Osceola County:

Nongame fish may be taken by castnets, dip nets, seines, trotlines, set lines, bush hooks, and traps as specified in Rules 68A-23.002, 68A-23.003 and 68A-23.004, F.A.C.
No daily bag limit on channel catfish.

(w) Blue Cypress, Indian River County:

No daily bag limit for channel catfish.
Trotlines may be used.

(4) Southwest Region:

(a) Lake Tarpon, Pinellas County:

No daily bag limit for channel catfish.
Trotlines may be used from sunset each day until 9:00 a.m. the following morning, Sunday through Thursday.

(b) Lake Seminole, Pinellas County:

No daily bag limit for channel catfish.
Trotlines may be used from sunset until 9:00 a.m.

No daily bag limit for channel catfish.
Trotlines may be used from sunset each day until 9:00 a.m. the following morning, Sunday through Thursday.

(d) Lake Parker, Polk County:

No daily bag limit for channel catfish.
Wire traps may be used for non-game fish.

(e) Saddle Creek, Polk County: Use or possession of cast nets is prohibited.

(f) Manatee Lake, Manatee County:

Trotlines may be used from sunset each day until 9:00 a.m. the following morning, Sunday through Thursday.
The use of outboard motors over 20 h.p. is prohibited.
No daily bag limit for channel catfish.

(g) Webb Lake, Charlotte County:

The use of boats propelled by gasoline motors is prohibited.
No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length. No persons shall take in any one day more than 20 panfish, in the aggregate.
Vehicles shall be used only on designated roads.
Fishing shall be allowed only during designated hours as posted.

(h) Marl Pits 1, 2 and 3, Charlotte County:

Marl pits 1 and 3: No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length. No person shall take in any one day more than 20 panfish, in the aggregate.
Marl Pit 2: No person shall kill or possess any bluegill or redear sunfish less than 10 inches. No person shall take in any one day more than 10 bluegill or redear sunfish.

(i) Tenoroc Fish Management Area:

General regulations for all Tenoroc lakes:

a. All visitors, except alligator hunt participants when taking alligators, shall check in and out at designated entry points. All designated entry points will be posted at the Tenoroc Fish Management Area headquarters.

b. Fishing, hunting, or trapping is allowed only by permit issued by the Commission. All anglers and hunters, except alligator hunt participants when taking alligators, shall check in and out at the headquarters and deposit their valid fishing or hunting license with the custodian unless otherwise instructed. Notwithstanding any provisions of this subparagraph, on water bodies where special-opportunity alligator hunts are permitted, participants may use guns and baits as specified in rule 68A-25.042, F.A.C., when taking alligators.

c. Days and hours of operation and quotas shall be as designated by the Commission and posted at the area headquarters. All other lakes and restricted areas so posted are closed to public fishing. Any lake may be temporarily closed to public access for management purposes or in the event that access to the lake exposes the public to danger by posting notice in the headquarters.

d. Unless otherwise specified for a Tenoroc lake by this rule section, no person shall take in any one day more than six sunshine bass.

e. Unless otherwise specified for a Tenoroc lake by this rule section, no person shall take in any one day more than 10 black crappie and no person shall kill or possess any crappie that is less than 10 inches in total length.

f. Fish may not be filleted, nor their head or tail fin removed, until the angler has checked out at the headquarters.

g. Unless otherwise specified for a Tenoroc lake by this rule section, no person shall kill or possess any black bass.

h. Taking of fish with a firearm is prohibited.

i. Dogs are prohibited unless leashed or as authorized by Commission.

j. Public access is prohibited in areas posted as “Restricted” for protection of threatened or endangered species, or environmentally sensitive areas.

k. Motor vehicles may be operated only on named roads, designated parking areas, and boat ramps as designated in the area use brochure.

l. No person shall park any vehicles in a manner that obstructs a road, boat ramp, gate or firelane.

m. Swimming and float tubes are prohibited.

n. Use of cast nets and minnow seines are prohibited.

o. No person shall operate any boat propelled by an internal combustion engine unless otherwise specified for a Tenoroc lake by this rule section.

Specific regulations:

a. Lakes B and 5.

(I) No person shall operate any boat at more than idle speed-no wake. Idle speed-no wake is the minimum speed necessary to maintain steerage.

(II) No person shall kill or possess any black bass that is 16 inches or more in total length.

(III) No person shall kill or possess more than two black bass.

b. Picnic Lake.

(I) No person shall kill or possess more than two black bass.

(II) No person shall kill or possess any black bass that is 16 inches or more in total length.

c. Pine Lakes.

(I) No boats permitted.

(II) Closed to fishing unless authorized by permit issued by the Commission for Commission-sanctioned events or as specified in sub-sub-subparagraph 68A-20.005(4)(i)2.c.(III), (IV), and (V), F.A.C., below.

(III) No person shall fish unless that person has been certified by the U.S. Veterans Administration, U.S. Social Security Administration, by any branch of the U.S. Armed Services, or by a licensed physician in this State to be totally and permanently disabled and has obtained a permanent license issued pursuant to Section 379.352(5), F.S.; or unless that person presents proof of acceptance as a client for retardation services by the Department of Children and Family Services.

(IV) In addition to the above, one properly licensed person may also be allowed to fish if accompanying or assisting a permitted individual described above.

(V) No person 16 years of age or older shall fish on Pine Lakes or Derby Lake unless accompanied by a child under 16 years of age.

(VI) No person shall take in any one day more than 20 panfish, in the aggregate.

(VII) No person shall kill or possess more than five bluegill or redear sunfish eight inches or greater in total length.

d. Cemetery Lake.

(I) No boats permitted.

(II) No person shall take in any one day more than 20 panfish, in the aggregate.

(III) No person shall kill or possess more than five bluegill or redear sunfish eight inches or greater in total length.

e. Derby Lake: Daily bag limit for black bass shall be five per day, only one of which may be 16 inches or greater in total length.

f. Long Lake.

(I) No person shall kill or possess more than five (5) black bass, of which only one may be 16 inches or longer in total length.

(II) No person shall take in any one day more than twenty-five (25) crappie, regardless of size.

(III) No person shall kill or possess more than twenty (20) sunshine bass, of which only six may be 24 inches or longer in total length.

(IV) No daily bag or size limit for channel catfish.

g. Shop Lake

(I) No person shall kill or possess any black bass that is 16 inches or more in total length.

(II) No daily bag limit for black bass

(III) Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3” in length. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

(j) Lake Crago, Polk County:

Wire traps may be used for taking non-game fish.
Trotlines may be used from sunset until 9:00 a.m.
No daily bag limit for channel catfish.
Boats are restricted to idle speed-no wake.

(k) Freedom Lake Park, Pinellas County:

The use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish and wildlife with firearms or possession of alcoholic beverages is prohibited.

(l) Dover District Park Lake, Hillsborough County:

The use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish and wildlife with firearms or possession of alcoholic beverages is prohibited.

(m) Steven J. Wortham Park Lake, Hillsborough County:

The use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming, taking of fish and wildlife with firearms or possession of alcoholic beverages is prohibited.

(n) Al Lopez Park Lake, Hillsborough County:

The use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming or taking of fish and wildlife with firearms is prohibited.

(o) Walsingham Park Lake, Pinellas County:

The use of possession of cast nets or minnow seines is prohibited.
Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.
No person shall operate any boat propelled by an internal combustion engine.
No person shall kill or possess more than 20 bluegill and redear sunfish in aggregate.
No person shall kill or possess more than four sunshine bass or palmetto bass. No person shall kill or possess any sunshine bass or palmetto bass less than 10 inches in total length.
No person shall take in any one day more than 20 panfish, in the aggregate.

(p) Middle Lake, Pasco County:

All watercraft shall be operated at idle speed.
The following are prohibited within 150 feet of the boat launch site; swimming, taking of fish or wildlife with firearms, camping, or open fires.
No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any bluegill or redear sunfish less than 8 inches in total length.

(q) Lake Istokpoga, Highlands County: Lake Istokpoga Fish Management Area including Arbuckle Creek south of Hwy. 98, Istokpoga Creek and Istokpoga Canal west of County Road 621, C41-A Canal west of S-68 water control structure and Josephine Creek east of Seaboard Coast Line Railroad:

No daily bag limit for channel catfish.
Nongame fish may be taken by castnets, dip nets, seines, trotlines, set lines, bush hooks and wire traps as specified in Rules 68A-23.002, 68A-23.003 and 68A-23.004, F.A.C.

(r) Bobby Hicks Park Pond, Hillsborough County:

Use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming or taking of fish or wildlife with firearms is prohibited.
No person shall operate any boat propelled by an internal combustion engine.

(s) Gadsden Park Pond, Hillsborough County:

Use or possession of castnets or minnow seines is prohibited.
No person shall take in any one day more than 20 panfish, in the aggregate.
Swimming or taking of fish or wildlife with firearms is prohibited.
No person shall operate any boat propelled by an internal combustion engine.

(t) Mosaic Fish Management Area, Polk and Hardee counties:

General regulations:

a. All anglers shall check in and out at the Mosaic creel station, the designated entry point, unless otherwise instructed.

b. Fishing is allowed only by daily permit issued by the Commission.

c. Days and hours of operation and quotas shall be as designated by the Commission and posted at the Mosaic creel station. Fishing is permitted in designated lakes only. All other lakes and restricted areas so posted are closed to public fishing. Any lake may be temporarily closed to public access for management purposes, or in the event that access to the lake exposes the public to danger, by posting notice at the creel station.

d. No person shall kill or possess any black bass unless otherwise specified.

e. Daily bag limit for sunshine bass shall be six.

f. Daily bag limit for black crappie shall be 10. No person shall kill or possess any crappie that is less than 10 inches in total length.

g. Fish may not be filleted, nor their head or tail fin removed, until the angler has checked out at the creel station. Disposal of fish remains is prohibited.

h. Taking of fish or wildlife with guns is prohibited.

i. Motor vehicles may be operated only on designated roads, parking areas and boat ramps.

j. No person shall park any vehicle in a manner that obstructs a road, boat ramp, gate, or fire lane.

k. Swimming and float tubes are prohibited.

l. Rough fish may be removed from designated lakes by cast nets and minnow seines at the discretion of the landowner.

m. No person shall operate any boat propelled by an internal combustion engine of more than 10 horsepower.

Specific regulations:

a. Haul Road Pit.

(I) No person shall kill or possess any black bass that is 16 inches or more in total length.

(II) No person shall kill or possess more than two black bass.

b. LP2 West – No boats permitted.

(u) Hardee County Park, Hardee County:

General regulations:

a. All fishers shall enter at the Park main entrance, the designated entry point, unless otherwise instructed.

b. Angling from a boat is allowed by entry pass issued by Hardee County. Angling from shore does not require an entry pass unless otherwise posted at the Park main entrance.

c. Days and hours of operation and quotas for freshwater fishing shall be as designated by Hardee County and posted at the Park main entrance. Fishing is permitted in designated lakes only. All other lakes and restricted areas so posted are closed to public fishing. Any lake may be closed to public access by Hardee County for management purposes, or in the event that access to the lake exposes the public to danger, by posted notice at the Park main entrance.

d. Hardee County may authorize persons to use cast nets to remove Tilapia (Oreochromis aurea) from specific lakes.

e. Daily bag limit for sunshine bass shall be six.

f. Daily bag limit for panfish shall be 20, in the aggregate.

g. Daily bag limit for catfish shall be six, in the aggregate.

h. Fish may not be filleted, nor their head or tail fin removed, until the angler has left the Park. Disposal of fish remains within Hardee County Park is prohibited.

i. Taking of fish and wildlife with guns is prohibited.

j. Motor vehicles may be operated only on designated roads, parking areas, and boat ramps.

k. No person shall park any vehicle in a manner that obstructs a road, boat ramp, gate, or fire lane.

l. Swimming or use of float tubes is prohibited.

m. All watercraft shall be operated only at idle speed.

(v) Largo Central Park Nature Preserve, Pinellas County:

The use or possession of cast nets or minnow seines is prohibited.
No person shall take in any one (1) day more than twenty (20) panfish, in the aggregate.
Swimming, taking of fish or wildlife with firearms or possession of alcoholic beverages is prohibited.

(w) Edward Medard Park Reservoir, Hillsborough County:

No person shall use any gear other than hook and line or rod and reel to take and possess game fish and nongame fish species.
Persons possessing a valid freshwater commercial fishing license may use cast nets to catch nongame fish other than channel catfish from 12:01 a.m. Tuesday to 12:01 a.m. Friday.
Days and hours of operation, park entrance and other user fees shall be designated by Hillsborough County and posted at the park main entrance.

(x) Florida Fishing Trail, Hardee County:

All visitors shall check in and out at the Mosaic Check-in Station, located at 3659 Parish Road, Bowling Green, Florida 33834.
Fishing is allowed only by daily permit issued by the Commission. The daily permit is issued at the Mosaic Check-in Station.
Days and hours of operation and quotas shall be as designated by the Commission and posted at the Mosaic Check-in Station. Lakes permitted for fishing shall be posted at the Mosaic Check-in Station.
No person shall kill or possess any black bass.
No person shall take in any one day more than 6 sunshine bass.

6.No person shall kill or possess any black crappie that is less than 10 inches in total length. No person shall take in any one day more than 10 black crappie.

Fish must remain in whole condition with heads, tails and fins attached until the angler has checked out at the Mosaic Check-in Station. Disposal of fish remains within the Florida Fishing Trail Fish Management Area is prohibited.
Taking of fish or wildlife with firearms is prohibited.
Motor vehicles may be operated only on designated roads, parking areas and boat ramps.
No person shall park any vehicle in a manner that obstructs a road, boat ramp, gate, or fire lane.
Swimming and float tubes are prohibited.
The use or possession of cast nets and minnow seines is prohibited.
Commercial fishermen with a written authorization from the landowner may remove non-native fish from designated lakes by cast nets and minnow seines.
The use of vessels in excess of 25 feet long is prohibited.
The use of vessels propelled by internal combustion engines is prohibited on lakes Rotary and Key.
Vessel use is restricted to idle speed—no wake.
Discharge of firearms is prohibited.
Possession of alcoholic beverages is prohibited.
Persons under the influence of alcohol or drugs shall be denied entry to the Florida Fishing Trail Fish Management Area.

(5) South Region:

(a) Palm Lake, St. Lucie County:

Boats propelled by gasoline motors are prohibited.

(b) Lake Okeeheelee, Palm Beach County:

No person shall operate any boat propelled by an internal combustion engine.
No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length.

(c) The north most Tropical Park Lake, Dade County: No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length.

(d) Plantation Heritage Park Lake, Broward County: No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length.

(e) Caloosa Park Lake, Palm Beach County:

No person shall kill or possess any black bass.
No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any blugill or redear sunfish less than eight inches in total length.

(f) Doral Glades Park, Miami-Dade County: No person shall take in any one day more than 20 panfish, in the aggregate. No person shall kill or possess any bluegill or redear sunfish less than eight inches in total length.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. 379.3751, 379.3752 FS. History–New 8-1-79, Amended 2-19-80, 5-19-80, 6-4-81, 9-28-81, 6-21-82, 7-1-83, 11-17-83, 7-1-84, 7-1-85, Formerly 39-20.05, Amended 2-27-86, 6-1-86, 5-10-87, 4-13-88, 7-1-89, 7-1-90, 4-11-91, 7-1-91, 7-2-92, 8-23-92, 4-20-93, 7-1-94, 8-15-95, 10-23-95, 4-1-96, 2-16-97, 6-1-97, 6-29-97, 1-1-98, 7-1-98, 11-2-98, Formerly 39-20.005, Amended 4-30-00, 7-1-00, 10-10-00, 4-1-01, 7-1-01, 10-9-01, 7-1-02, 1-1-03, 7-1-03, 1-1-04, 7-1-04, 7-17-05, 7-1-06, 4-1-07, 7-1-08, 7-1-10, 2-8-11, 3-25-12, 7-1-12, 4-9-13, 5-22-13, 7-1-16, 6-20-18, 3-22-22, 9-19-22, 7-6-23, 4-16-24, 12-22-24.

Chapter 68A-21 WILD HOG AREAS

Fla. Admin. Code R. 68A-21.002 Establishment

History

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-21.02, 39-21.002, Repealed 7-1-08.

Fla. Admin. Code R. 68A-21.004 General Regulations Relating to Wild Hog Areas

History

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-21.04, 39-21.004, Repealed 7-1-08.

Chapter 68A-22 MISCELLANEOUS AREAS

Fla. Admin. Code R. 68A-22.001 Establishment

The Commission shall establish miscellaneous areas as set forth in 68A-14.001 and 68A-14.0011.

History

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-22.01, 39-22.001.

Chapter 68A-23 RULES RELATING TO FRESHWATER FISH

Fla. Admin. Code R. 68A-23.001 Definitions

As used in this rule chapter:

Immediate family means parents, children, grandchildren, siblings, and spouse.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-16-14.

Fla. Admin. Code R. 68A-23.002 General Methods of Taking Freshwater Fish

(1) No person may take any freshwater fish except as herein provided.

(2) Freshwater game fish may be taken only by hook and line or rod and reel unless otherwise provided.

(3) Nongame fish may be taken by hook and line, rod and reel or by trotlines, set lines or bush hooks (as specified in Rule 68A-23.004, F.A.C.), or by traps, nets or other devices as specified in Rule 68A-23.003, F.A.C. Nongame fish may be taken for personal use by any person possessing a valid freshwater fishing license by the use of not more than one slat basket or one wire trap, made as specified in Rule 68A-23.003, F.A.C., in those waters where the use of wire traps or slat baskets is permitted for commercial purposes as specified in subsection 68A-23.003(2), F.A.C. Nongame fish may be taken during non-daylight hours with a light and by bow and arrow, crossbow and gigs and during daylight hours by manually operated spears, gigs, snatch hooks, crossbow or bow and arrow from a boat or from shore except at the spillways of the Eureka and Rodman Dams on the Oklawaha River or on the spillway of the Jim Woodruff Dam on the Apalachicola River or in Dade County canals south of the C-4 and east of the L-31N and L-31W canals inclusively. Nongame fish may be taken by the use of cast nets of any mesh size in the South and Northeast regions, in Citrus County, and in the Southwest Region, except that possession or use of cast nets in waters adjoining Saddle Creek Fish Management Area, Polk County, confined by Morgan Combee Road, U.S. Highway 92 and Fish Hatchery Road are prohibited.

(4) Nongame fish may be taken at night, from September 1 to May 1 by the following methods in the designated waters of the following counties:

(a) By portable impoundments in the non-navigable streams:

Bay County.
Calhoun County.

(b) By nets not more than 100 feet in length having a minimum three-inch stretched mesh, in the lakes of:

Bay County – Except Deer Point Lake.
Calhoun County – Except the Dead Lakes.
Holmes County – Except Lake Victor.
Jackson County – Except Lake Seminole, and Merritts Mill Pond.
Washington County.

(5) Freshwater fish may not be taken by underwater swimming or diving or by use of any free-floating unattached devices, firearms, explosives, electricity, spear guns; by poison, or by any other deleterious substance or force unless specifically authorized by this chapter.

(6) Non-game fish less than eight inches (8'') total length and golden shiners (Notemigonus chrysoleucas) of any size may be taken:

(a) By the use of a dip net not over four feet in diameter.

(b) By the use of a trap not exceeding 24 inches (24'') in length, and twelve inches (12'') in diameter having a funnel entrance not more than one inch (1'') in spread.

(c) By the use of a cast net having a mesh size not greater than one inch (1'') stretched in freshwaters of the state unless specifically prohibited. Non-game fish of any size may be taken by cast nets of any mesh size in the South, Southwest and Northeast regions and Citrus County as specified in subsection 68A-23.002(3), F.A.C.

(d) By the use of a minnow seine having a mesh size not greater than one inch (1'') stretched and not to exceed 20 feet (20') in length and four feet (4') in depth.

(7) The use or possession of dynamite, traps, nets, seines, baskets, spear guns, any device capable of producing an electrical current sufficient to stun or shock freshwater fish, or any other fishing device or equipment except hook and line, rod and reel, bush hook, set line or trotline is expressly prohibited in or upon the fresh waters of the state unless specifically permitted by these rules or under permit issued by the executive director.

(8) The use of dip nets for taking freshwater game fish or catfish is prohibited except that landing nets may be used for boating fish caught by rod and reel or hook and line.

(9) Possession of any freshwater fish together with any device (other than a firearm) which is prohibited for taking such freshwater fish is unlawful, except that game fish may be possessed together with the bait catching devices as provided in subsection 68A-23.002(6), F.A.C.

(10) Persons licensed in accordance with Section 379.363, F.S., may use seines, traps, nets, baskets, or other harvesting methods to take cultured game or nongame fish from private ponds used for commercial aquaculture purposes.

(11) Owners of any natural or man-made pond less than 10 acres in size located entirely within the property of the owner, and having no surface water connections to public waters may use seines, traps, nets, baskets, or other harvesting methods, not prohibited by subsection (5), hereof, to take game or nongame fish from said ponds for non-commercial purposes. The number and size of game fish taken are not subject to general creel, possession or length limits, provided such game fish remain on the property of the pond owner.

(12) Circle hooks. Circle hooks are required to be used on hook and line gear when fishing with natural baits greater than 3ꞌꞌ in length at the St. Johns River Water Management-owned area in Indian River County known as Fellsmere Water Management Area (commonly known as Headwaters Lake and Egan Lake). “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-84, Formerly 39-23.02, Amended 6-1-86, 4-13-88, 7-1-89, 7-1-90, 4-20-93, 7-1-93, 7-1-94, 7-1-95, 4-1-96, 7-1-98, 4-15-99, Formerly 39-23.002, Amended 7-1-00, 7-1-01, 7-1-04, 7-1-06, 7-1-08, 3-25-12, 9-9-13, 6-7-22.

Fla. Admin. Code R. 68A-23.003 Commercial Fishing Devices; Provision for Use in Certain Waters

(1) Persons licensed under Section 379.363, F.S., may use certain commercial fishing devices only in the manner and in the areas specified in this rule, except as specified in subsection 68A-23.002(10), F.A.C. All fishing devices authorized by this section shall be clearly and legibly marked with the harvester’s name and address while being used or possessed in or upon the waters of the state. Any game fish taken by these devices shall be immediately returned to the water unharmed.

(2) Wire traps and slat baskets:

(a) Species to be taken – Non-game fish.

(b) Location and number of traps and baskets.

In Trout River east of Interstate 95, Broward River, Dunn Creek and in that portion of the St. Johns River from the Seaboard Coastline bridge in Duval County upstream to State Road 46 (Mims Bridge) including Doctors Lake, Crescent Lake, Dunns Creek and Lakes Beresford, Woodruff, Dexter, Monroe and Harney, except Lake Jesup, 80 per licensee.

a. Wire traps and slat baskets are prohibited within 100 feet of the mouths of the following tributaries: Getout Creek, Blue Springs Run, Wekiva River, Deep Creek, Alexander Springs Creek, Spring Garden Creek, Shell Creek and DeLeon Springs Creek.

b. Wire traps and slat baskets are prohibited in the main channel of the St. Johns River from a point immediately south of Lake Monroe to State Road 46 (except Lake Harney) from January 1 to March 31.

c. Wire traps and slat baskets are prohibited within 25 yards of vegetation in Crescent Lake except from June 1 through August 31.

In the part of the main channel of the St. Marys River downstream from the railroad bridge paralleling US Highway 17; wire traps and baskets, 80 per licensee.
In Lake Okeechobee: Regulations pertaining to wire traps fished in Lake Okeechobee are contained in Rule 68A-23.012, F.A.C.
In Lakes Apopka, West Tohopekaliga, Cypress, Hatchineha, and Kissimmee; wire traps and baskets, 40 in the aggregate per licensee.
In the Santa Fe, Suwannee (and its tributary, the Withlacoochee), and Apalachicola rivers, except in the section between US Highway 90 and Jim Woodruff Dam; also the Apalachicola River tributaries except that portion of the Chipola River upstream from Dead Lakes Dam; and in Lake Seminole in Jackson County, 20 slat baskets, per licensee. No wire traps permitted.
In Lake Istokpoga and Red Beach Lake in Highlands County and in Lakes Arbuckle, Crago, Banana, Buffum, Davenport, Henry, Gibson, Marion, Reedy, Surveyors, Vann, Effie, Hancock, Hunter, Parker, Rosalie, and Tiger in Polk County, 40 wire traps, per licensee.
In those other specific areas as designated by rule of the Commission.

Wiretraps.

a. Maximum length – Seven feet.

b. Maximum width – 32 inches.

c. Mesh – Minimum one inch.

d. Type – Two funnels in one end.

e. Depth – At least three feet of clearance between the highest point on the trap and the water surface.

Slat baskets.

a. Maximum length – Six feet.

b. Maximum diameter – 32 inches.

c. Construction – Of slats with openings of at least one and one-half inch in the head or upstream end.

d. Depth – At least three feet of clearance between the highest point on the basket and the water surface.

e. Funnel opening – Maximum diameter of smallest funnel opening two inches, except under pressure.

(d) Removal – Traps or baskets not being fished shall be removed from the water.

(3) Pound nets: The use of pound nets shall be prohibited, except that established pound net sites registered with the Commission by December 31, 1982, may be fished only by the registered claimant or his designee. Such pound net registration shall not be transferable to any other person.

(a) Species to be taken – Non-game fish.

(b) Locations – In the St. Johns River from the Shands Bridge in Clay County south to the southern Putnam County line and in Dunns Creek.

Maximum size –

a. Widest dimension – 20 feet.

b. Leads shall not exceed 200 feet in length.

Minimum mesh – Not less than two inches stretched.
Pilings shall extend at least two feet above high water mark and shall be marked with reflective material at least six inches in width, visible 360 degrees.
Depth – In waters not less than six feet.

(4) Hoop nets:

(a) Species to be taken – Non-game fish.

(b) Maximum number – 100 per licensee.

In Trout River east of Interstate 95, Broward River, Dunn Creek and in that portion of the St. Johns River from the Seaboard Coastline bridge in Duval County upstream to State Road 46 (Mims Bridge) including Crescent Lake, Dunns Creek and lakes Beresford, Woodruff, Dexter, Monroe and Harney, except Lake Jesup.
Hoop nets are prohibited within 100 feet of the mouths of the following St. Johns tributaries: Getout Creek, Blue Springs Run, Wekiva River, Deep Creek, Alexander Springs Creek, Spring Garden Creek, Shell Creek and DeLeon Springs Creek.
Hoop nets are prohibited within 25 yards of vegetation in Crescent Lake except from June 1 through August 31.
Hoop nets are prohibited in the main channel of the St. Johns River from a point immediately south of Lake Monroe to State Road 46 (except in Lake Harney) from January 1 to March 31.

(d) Specifications.

Maximum diameter – Five feet.
Mesh size – Not less than two inches stretched throughout, nor more than 2 1/2 inches stretched rearward of the attachment of the second funnel.
Depth – At least three feet of clearance between the highest point of the hoop net and the water surface.
A cross or other restrictive device shall be attached to the inside of the first funnel opening in order to exclude manatees. This device shall be constructed so as to prevent cylindrical objects seven inches or more in diameter from entering the front funnel opening.
Second funnel opening shall be designed to discourage or prevent the entrance of game fish by restricting said opening with twine or webbing.

(5) Minnow lift nets:

(a) Species to be taken – Non-game fish.

(b) Maximum number – 10 per licensee.

Maximum dimensions – 12 feet square.
Maximum mesh – One inch stretched.
Markings – Poles shall be marked with reflective material at least six inches in width, visible 360 degrees.
A permanent tag bearing the name and address of the owner shall be attached to the pull pole of the lift net.

(d) Area specific regulations: No minnow lift nets shall be fished in the St. Johns River Water Management Areas of Lake County formerly known as Long Farm, S.N. Knight Lisbon Farm (both parcels north and south of the Yale-Griffin canal), S.N. Knight Leesburg Farm, Lowrie Brown Farm, Eustis Muck Farm and Walker Ranch.

(6) Minnow seine:

(a) Species to be taken – Non-game fish (except catfish).

(b) Specifications.

Nets for use in public waters: maximum length 40 feet; no pocket permitted; maximum mesh, one inch stretched.

(7) Eel traps and pots:

(a) Species to be taken – nongame fish may be taken from the waters of the state with eel traps or pots having one inch by one-half inch wire mesh.

(b) In waters other than those specified in paragraph (2)(b) of this section, such eel traps and pots, in addition to having a one inch by one-half inch wire mesh, shall be of the following types and specifications:

Square “carolina” – type pots.

a. Maximum dimensions – 24 inches by 24 inches by 18 inches.

b. Maximum diameter of any and all funnel openings – two inches.

Cylindrical “shotgun” – type pots.

a. Maximum dimensions – four feet by 18 inches.

b. Maximum diameter of any and all funnel openings – two inches.

(8) Blue crab pots and traps may be fished in fresh water. Blue crab pot and trap specifications and use shall be as prescribed in rules of the Marine Fisheries Commission.

(9) Permits may be issued by the executive director to authorize the operation of haul seines in specified areas.

(a) Southwest Region haul seine permits:

A maximum of five haul seine permits may be issued for use of haul seines in lakes in the Southwest Region. Permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form ‒ Southwest Region DFFM HSSWR-01 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04465, incorporated herein by reference.
In the event of the death or permanent disability of a permittee, the permit may be transferred by the permit holder or the executor of the estate to a member of the immediate family. The Commission must be notified of the transfer prior to renewal of the permit.
After all permits are issued, the Southwest Region Office shall maintain a waiting list of haul seine permit applicants on a first-come, first-serve basis, as determined from receipt of completed applications. Applicants wishing to maintain their status on the Southwest Region Haul Seine Waiting List shall notify the Southwest Region in writing between June 1 and July 1 of each year.
When a permit becomes available, the first applicant on the waiting list will be notified by the Commission. Within 120 days from date of notification, the applicant must verify that he or she possesses all equipment, including boats, motors, and nets or provide evidence such as lease agreements, bills of sale, or other documents indicating how equipment will be obtained and that the applicant has been licensed in accordance with Sections 379.363 and 379.3635, F.S. Applicants failing to meet the equipment requirements and other criteria in this section shall be denied a Southwest Region Haul Seine Permit. Haul seine permittees may not share equipment. No person shall be issued more than one haul seine permit, and permits are not transferable except for as provided above.
Haul seines are authorized to be used on the following lakes in Polk County: Banana, Bonnet, Bonny, Garfield, Hancock, Hollingsworth, Howard, Hunter, Lulu, Parker and Shipp. A lake may be closed temporarily to use of haul seines by administrative action for aquatic resource management purposes, or other conditions in which use of haul seines would negatively impact the lake and its fishery or endanger public safety. Haul seine permittees shall be provided written notice 48 hours prior to closure of a lake by administrative action. Haul seines may be used in lakes in the Southwest Region other than those specified in this section in accordance with provisions of Rule 68A-9.002, F.A.C.
Subject to Commission approval in accordance with subsection 68-1.010(2), F.A.C., a permittee may designate in writing two assistant captains to fish in lieu of the permittee. The permittee or designated assistant captains shall be aboard the haul seine boat whenever fishing. Assistant captains shall be changed only by written request and approval of the Commission. A designated assistant captain shall work for only one permittee. Permittees shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water of all game fish taken pursuant to haul seine operations. Haul seines shall be attended continuously. The haul seine permit shall be aboard the vessel operating or transporting haul seine equipment.
Haul seine permittees or designated assistant captains shall fish at least 10 days annually from July 1 through June 30 of the following year. Failure to fish 10 days annually may result in revocation or non-renewal of a Southwest Region Haul Seine Permit in accordance with Rule 68-1.010, F.A.C.
Haul seines shall be no more than 1,800 yards in length and at least eight feet in depth. Mesh size must be at least two-and-one-half inch stretched mesh in the pocket, doubles and bunt or footing circle; and two-and-one-half to four-and-one-half inch stretch mesh over the remaining length of net.
Non-game fish may be harvested from haul seines. Any other fish or wildlife caught shall be returned immediately to the lake being fished.
Only one haul seine net shall be used per day by permittees or their designated captains. Haul seines shall be deployed no earlier than one-half hour before sunrise. No haul seines shall be operated after sunset. Prior to fishing each day, permittees shall notify the dispatch center of the Southwest Region office by telephone when nets will be fished and on what waterbody. Seines shall be operated Monday through Friday only. Seine operations are not allowed on the following days: New Year’s Day, Martin Luther King, Jr. Day (third Monday in January), Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day.
No haul seines shall be deployed or operated within 100 yards of any dock, boat ramp, or canal, or within 100 yards of any waterski course authorized in accordance with Chapters 253 and 403, F.S., and Rule 18-21.005, F.A.C.
Denial, revocation, suspension, or non-renewal of haul seine permits or designations of assistant captains shall be administered in accordance with provisions of this rule section and Rule 68-1.010, F.A.C. Permittees shall provide evidence of valid licenses required pursuant to Sections 379.363 and 379.3635, F.S., prior to renewal of the Southwest Region Haul Seine Permit. A Southwest Region Haul Seine Harvest Report (Form DFFM HSSWR-02 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04656, incorporated herein by reference shall be completed by each permittee and furnished to the Southwest Region Office by June 1 of each year.

(b) Provisions for use of haul seines on Lake Okeechobee are as specified in Rule 68A-23.012, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 10-23-79, 5-19-80, 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-23.03, Amended 6-1-86, 4-13-88, 7-1-90, 1-1-92, 7-1-92, 10-22-92, 4-20-93, 7-1-95, 4-1-96, 7-1-97, 7-1-98, Formerly 39-23.003, Amended 7-1-08, 8-27-09, 3-24-13, 10-16-14.

Fla. Admin. Code R. 68A-23.004 Lawful Methods for Using Trotlines and Bush Hooks or Set Lines

(1) Trotlines, bush hooks or set lines are permitted statewide except in that portion of the Ochlockonee River between State Road 20 and the Lake Talquin Power Dam; that portion of the Apalachicola River between US Highway 90 and the Jim Woodruff Dam; Bear Gully Lake in Seminole County; the Oklawaha River upstream from the Eureka Bridge; Lake Jackson in Walton County; Silver Lake on the Withlacoochee River; Lakes Jessamine and Holden in Orange County; Triplett lakes in Seminole County; Lake Helen in Volusia County; in Martin County east of the Sunshine State Parkway; in that portion of the St. Johns River and its tributaries south of State Road 46 and north of US Highway 192, including lakes Poinsett, Winder and Washington. Trotlines are prohibited in Little Bay Lake in Orange County except under permit. All fishing devices authorized by this section shall be permanently and legibly marked with the harvester’s name and address while being used or possessed in or upon the waters of the state.

(2) Trotlines are permitted in the portion of the St. Johns River lying between US Highway 17-92 and State Road 46 provided that from 9:00 a.m. on Saturday until sunset on Sunday all trotlines shall be sunk to the bottom or to a minimum depth of four feet during daylight hours. From January 1 until March 31, trotlines shall be prohibited from 9:00 a.m. until sunset in the waters of the main channel of the St. Johns River from a point immediately south of Lake Monroe to State Road 46, excluding Lake Harney. Trotlines are prohibited from 9:00 a.m. until sunset in the Oklawaha River below the Rodman Dam.

(3) In lakes Beauclaire, Carlton, Dora, Eustis, Griffin, Harris and Yale, no trotline shall be allowed from 9:00 a.m. Friday until one hour before sunset Sunday. Trotlines shall also be prohibited from 9:00 a.m. until one hour before sunset Monday through Thursday from May 1 through October 31. No trotline shall be secured to or fished within 50 yards of a private pier or dock.

(4) In East Lake Tohopekaliga, trotlines are permitted only from sunset Sunday until midnight Friday of each week and only during the period from sunset each day until 9:00 a.m. the following morning.

(5) Trotlines are prohibited from 9:00 a.m. until sunset in the waters of the following lakes:

(a) Lake County – Cherry, Cook, Crescent, Hiawatha, Johns, Louisa, Minnehaha, Minneola, Palatlakaha, Susan, Wilson, and Winona.

(b) Orange County – Butler, Chase, Conway, Down, Fish, Isleworth, Johns, Mable, Maitland, Misell, Osceola, Picket, Sheen, Starke, Tibet Butler and Virginia.

(6) A trotline limited to 25 hooks may be used for taking non-game fish for personal use. Persons operating more than 25 bush hooks or set lines or a trotline using more than 25 hooks are considered to be fishing commercially and shall be licensed as provided in Section 379.363, F.S. All game fish taken by trotlines, bush hooks or set lines shall be immediately returned unharmed to the water and it is unlawful to possess any game fish while operating trotlines, bush hooks or set lines.

(7) Trotlines are prohibited in Lake Talquin during daylight hours.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, Formerly 39-23.04, Amended 12-12-88, 4-4-91, 4-14-92, 4-1-96, Formerly 39-23.004, Amended 7-1-08.

Fla. Admin. Code R. 68A-23.005 Bag Limits, Length Limits, Open Season: Freshwater Fish

(1) The open season for fishing shall be from July 1 until June 30 of the following year, except as otherwise provided by these rules.

(2) This rule does not apply to game fish lawfully acquired for aquarium use in accordance with Rule 68A-23.009, F.A.C.

(3) No person shall have in his possession more than two days’ bag limit of freshwater game fish. In any water body where there are specific regulations as to bag limits, minimum length, maximum length, or protected length limits for any species, which are different from the general regulations, the specific regulations supersede the general provisions of this rule section.

(4) Bag or length limits for lakes designated as Fish Management Areas shall be as specified in Rules 68A-20.004 and 68A-20.005, F.A.C.

(5) Bag or length limits for lakes within designated boundaries of Wildlife Management Areas shall be as specified in Rules 68A-15.061, 68A-15.062, 68A-15.063, 68A-15.064, 68A-15.065, F.A.C.

(6) State-wide bag limits: Except as otherwise provided in these rules, no person shall take in any one day more than the following:

(a) Five (5) black bass, of which only one may be 16 inches or longer in total length.

(b) Twenty-five (25) crappie.

(d) Two (2) butterfly peacock bass, only one (1) of which can be greater than 17 inches total length. No person shall kill or possess any speckled peacock bass.

(e) American Eels must be nine inches or greater in total length for recreational and commercial harvest. The recreational bag limit for American Eels is twenty five (25) per angler per day.

Wholesale/Retail purchase exemption. Recreational anglers purchasing American eel as bait may possess more than the legal bag limit provided that the eels were purchased from a licensed dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail dealer.

(7) In that portion of the state north and west of the Suwannee River (including in the Suwannee River and in any tributary river, creek or stream of the Suwannee River), bag or length limits are as follows:

(a) Black bass – no person shall kill or possess any Suwannee Bass, Shoal Bass, Spotted Bass, or Choctaw Bass that is less than 12 inches in total length.

(b) Striped bass, white bass, or sunshine bass – In all areas other than the lower Ochlockonee and associated tributaries downstream of the Jackson Bluff Dam, no person shall kill or possess more than 3 striped bass nor any striped bass less than 18 inches total length. On the lower Ochlockonee and associated tributaries downstream of the Jackson Bluff Dam, no person shall kill or possess more than 3 striped bass only one of which may be greater than 24 inches. The daily aggregate bag limit of white bass, striped bass and sunshine bass shall be 20.

(c) Lake Seminole (Northwest Florida) – see Rule 68A-23.0131, F.A.C., for bag or length limits for certain freshwater game fishes.

(d) Lake Talquin (including that portion of the Ochlockonee River lying between Lake Talquin and the railroad trestle that is located immediately below US Highway 90, that portion of the Little River lying between Lake Talquin and County Road 268, that portion of the Rocky Comfort Creek lying between Lake Talquin and County Road 65-B, and that portion of Bear Creek lying between Lake Talquin and Bear Creek Road, those portions of Ocklawaha and Hammock creeks lying between Lake Talquin and State Road 267, those portions of Blount’s, Freeman [Stoutamire], and Harvey and Polk creeks lying between Lake Talquin and State Road 20): No person shall kill or possess any crappie less than 10 inches in total length.

(e) Chipola River and its tributaries: No person shall kill or possess any Shoal Bass on the Chipola River or its tributaries. Any Shoal Bass that are caught must be released immediately.

(8) In that portion of the state south and east of the Suwannee River, bag or length limits or areas closed to fishing are as follows:

(a) Striped bass and sunshine bass – the daily aggregate bag limit of striped bass and sunshine bass shall be 20, no more than 6 of which may be more than 24 inches total length.

(b) Fishing is prohibited in Silver Glen Springs in Lake and Marion counties and in Salt Springs in Marion County and within 50 yards of the springs. Fishing is prohibited from the headwaters of Rainbow Springs to a point one mile downstream on Rainbow River within Marion County.

In Wildcat Lake within the boundaries of the Ocala National Forest.
In the St. Johns River Water Management Area, in Indian River and Brevard counties (commonly known as Farm-13 and including the Stickmarsh).
In the St. Johns River Water Management-owned area formerly known as the S.N. Knight Farm in Indian River County (commonly known as Kenansville Reservoir).
In the St. Johns River Water Management-owned area in Indian River County known as Fellsmere Water Management Area (commonly known as Headwaters Lake and Egan Lake).

(d) Lake Okeechobee ‒ defined as any point lakeward of a boundary line delineated by the following points: Intersection of St. Rd. 78 and US 441, US 441 SE to St. Rd. 5 (“80”) St. Rd. 5 (“80”) to St. Rd. 25 (US 27) St. Rd. 25 (US 27) to St. Rd. 78 St. Rd. 78 to US 441 Including: Harney Pond Canal (C-41) north of St. Rd. 78 to South Florida Water Mgmnt. District (SFWMD) structure S-71 C-41-A Canal, southeast of the S-84 structure Indian Prairie Canal (C-40) north of St. Rd. 78 to SFWMD structure S-72 All of Taylor Creek and Nubbin Slough in Okeechobee County C-38/Kissimmee River south of SFWMD structure S-65E to St. Rd. 78, All of L-50 Canal in Glades County, Fisheating Creek to US 27, All of Sportsman’s Canal (LD-3) in Glades County. No person shall kill or possess any crappie less than ten inches (10'') in total length.

(9) An angler participating in the TrophyCatch Program may temporarily possess in live condition one largemouth bass, 8 pounds or greater, over the legal length limit and bag limit in order to obtain photographic or video documentation of the fish. All largemouth bass retained for this purpose must be released alive into the waterbody in which it was caught immediately after documentation.

(10) An angler may possess one largemouth bass 16.5 pounds or greater, per day over the legal length or bag limit when submitting for the certification of a potential state record provided they contact the Commission at this link (https://myfwc.wufoo.com/forms/potential-state-record-largemouth-bass/). Largemouth Bass maintained in live condition may only be possessed on the waterbody or adjacent shore from which the fish was caught and may only be released alive in the same waterbody, unless otherwise directed by Commission staff.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-83, Formerly 39-23.05, Amended 2-27-86, 5-10-87, 3-1-88, 4-13-88, 7-1-89, 4-11-90, 7-1-92, 8-23-92, 4-20-93, 7-1-94, 9-15-94, 4-1-96, 7-1-98, 10-20-98, Formerly 39-23.005, Amended 7-1-00, 7-1-01, 7-1-04, 7-1-05, 7-1-06, 7-1-08, 7-1-11, 5-22-13, 9-9-13, 11-26-14, 7-1-16, 3-23-20, 6-7-22, 1-24-23, 7-1-24.

Fla. Admin. Code R. 68A-23.006 Prohibiting Possession of Freshwater Game Fish Under Certain Conditions

(1) Freshwater game fish legally caught may be kept on the premises of wholesale or retail businesses or in public cold storage, refrigerators, ice houses or ice boxes when properly tagged showing the name, license number and address of the owner clearly written thereon.

(2) The provisions of this section shall not apply to properly tagged game fish which were taken in accordance with Rule 68A-23.012, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-23.06, Amended 5-10-87, Formerly 39-23.006.

Fla. Admin. Code R. 68A-23.007 Use of Fish for Bait

(1) No person shall use any species of black bass, peacock bass or any part thereof as bait. Whole pickerel or bream or portions thereof may be used for bait purposes by persons catching the fish but in no case shall they be used as bait for trotlines, bush hooks or in any manner other than on pole and line or rod and reel. Fish commonly called panfish produced by persons possessing a valid certificate of registration from the Department of Agriculture and Consumer Services may be sold and used for bait provided fish are four inches or less in total length.

(2) No live goldfish or carp shall be transported into the state for bait purposes or possessed or used for bait for the purpose of taking freshwater fish in any waters.

(3) Bait minnows may be taken as provided by Rule 68A-23.002, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-23.07, Amended 7-1-98, Formerly 39-23.007, Amended 7-1-00.

Fla. Admin. Code R. 68A-23.008 Introduction of Non-Native Aquatic Species in the Waters of the State; Provisions for Sale and Inspection of Fish for Bait or Propagation Purpose; Diseased Fish

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-84, Formerly 39-23.08, Amended 4-13-88, 7-1-89, 10-30-89, 7-1-92, 7-1-94, 4-12-98, Formerly 39-23.008, Amended 10-10-00, 7-1-01, 7-1-02, 7-1-04, Repealed 6-7-07.

Fla. Admin. Code R. 68A-23.009 Sale and Transportation of Freshwater Fish

(1) No person shall sell, purchase, attempt to purchase or sell, or transport any freshwater game fish unless otherwise authorized by specific rule of the Commission. Any person transporting game fish in excess of legal possession limits shall possess documentation that said fish have been acquired legally and are being legally transported.

(2) No person shall sell, purchase, attempt to purchase or sell, or transport any aquacultured freshwater fish without having an aquaculture certificate of registration number issued by the Department of Agriculture and Consumer Services. No person shall sell, purchase, attempt to purchase or sell, or transport any freshwater fish without having a commercial license issued under provisions of Section 379.363, F.S. Anyone possessing live freshwater fish in excess of legal possession limits must have in their possession a bill of sale or other documentation showing the name, license information, and address of the supplier.

(a) No person may import, transport, possess within the state, or stock into any waterbodies within the state any Micropterus species except Florida bass (Micropterus salmoides) that meet the genetic authentication requirements listed in this rule or through authorization by a permit issued pursuant to Rule 68A-9.003, F.A.C. The standards for the genetic authentication of Florida bass must be confirmed in a manner consistent with the Commission’s Genetic Authentication Standards listed at Myfwc.com/fl-lmb-genetic-authentication, which is adopted and incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14143 effective March 2022. Documentation of genetic authentication must be maintained and available for immediate inspection upon request by Commission personnel.

(b) Holders of valid fishing licenses or persons exempt from such licenses may transport their legal possession limit. Live Micropterus species may only be released back into the waterbody from which they were caught.

(c) No common carrier shall knowingly transport or receive for transportation any freshwater game fish unless such shipment is accompanied by a bill of lading showing the name of the shipper, aquaculture certificate of registration number issued by the Department of Agriculture and Consumer Services if an aquaculture product, the total weight of or quantity of each species of fish shipped, and the date of the shipment.

(d) Micropterus species being transported in Florida must be accompanied with documentation providing the date of the shipment, total weight or quantity of each species of Micropterus shipped, Micropterus salmoides Genetic Authentication documentation if transporting live Micropterus, appropriate bill of lading showing the name of the shipper, Aquaculture Certificate of Registration number issued by the Department of Agriculture and Consumer Services or a Commission issued import and transport permit, except as permitted pursuant to Rule 68A-9.003, F.A.C. These documents must be available for immediate inspection upon request by Commission personnel. An Import and Transport Permit Application, Form 03, may be found at myfwc.com/media/28743/permit-application-for-import.pdf. which is adopted and incorporated herein by reference http://flrules.org/Gateway/reference.asp?No=Ref-18036 effective March 2025.

(e) No person may sell game fish commonly called panfish as defined in Rule 68A-1.004, F.A.C., unless produced at an aquaculture facility and four inches or less in total length.

(3) Persons possessing a valid aquaculture certificate of registration from the Department of Agriculture and Consumer Services as required in Section 597.004, F.S.:

(a) May sell and transport live game fish produced at a licensed aquaculture facility.

(b) May import, transport, culture, and sell as a food fish or stocking product, genetically authenticated Florida bass (Micropterus salmodies).

(c) May produce and sell outside the state largemouth bass (Micropterus nigricans) and non-authenticated Florida bass (Micropterus salmoides). These fish may also be utilized at fee fishing events at licensed aquaculture facilities provided no live Micropterus species leave the facility.

(4) Freshwater non-game fish may be taken and sold as provided by law and these rules.

(5) No person shall sell or possess for the purpose of sale any freshwater fish without having in his possession a bill of sale or other documentary evidence showing the name and address of the supplier of any such fish.

(6) The foregoing shall not prohibit the sale or purchase of mounted specimens of lawfully taken freshwater fish.

(7) Any person transporting fish or frogs for a holder of any commercial license issued under provisions of Section 379.363, F.S., shall be in possession of documentation that such license has been issued and is valid.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-23.09, Amended 9-30-86, 4-11-90, 6-20-90, 4-12-98, Formerly 39-23.009, Amended 7-1-05, 5-15-22, 5-28-25.

Fla. Admin. Code R. 68A-23.010 Disposition of Illegal Fishing Devices

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-23.10, 39-23.010, Repealed 3-17-16.

Fla. Admin. Code R. 68A-23.012 Special Regulations on Lake Okeechobee

(1) Freshwater game fish (except black bass, striped bass, or black crappie) may be possessed for commercial purposes by persons licensed in accordance with Section 379.363, F.S., within the area of Lake Okeechobee bounded on the east by Highway 441 from Okeechobee City to Belle Glade; on the south by State Road 80 from Belle Glade to South Bay; on the south and west by Highway 27 from South Bay north to the junction of Highway 27 and State Road 78; on the west and north by State Road 78 north to the junction of Highway 441; and in the incorporated city limits of all municipalities located on such boundary roads and highways as provided by this section. Such fish may be harvested and transported, for commercial purposes, only under permit by the use of haul seines and as specified herein. All freshwater game fish shall be transported to a designated fish house. Only permitted and licensed haul seiners may commercially harvest game fish and may only report fish caught pursuant to their own haul seine operation.

(a) Each haul seiner is responsible for completing and maintaining commercial harvest trip reports pursuant to subsection (6).

Prior to transporting any game fish within the boundary designated above, a haul seiner shall designate in writing to the Commission, the route over which said haul seiner will transport game fish to their designated fish house.
No deviation from the above shall be allowed and the haul seiner will be held responsible for adherence to all of the requirements of this rule. Any violation will subject the haul seiner to loss of permits issued.

(b) It shall be unlawful to possess commercial quantities of freshwater game fish as defined in Section 379.406, F.S., on the waters of Lake Okeechobee or its tributaries within the boundary delineated in subsection (1), from one-half hour after sunset until one-half hour before sunrise.

(c) The commercial harvest of game fish by any method from any area other than by haul seine as provided herein is prohibited.

(2) Length of season:

(a) The length of the fishing season for all types of commercial gear shall be set by the Commission.

(b) Seines shall be operated only Monday through Friday. The lake is closed to seines on state holidays:

New Year’s Day.
Memorial Day.
Independence Day.
Labor Day.
Veterans Day.
Thanksgiving Day.
Friday after Thanksgiving Day.
Christmas Day.
Others as they are designated.

(c) Each permit shall be fished a minimum of 70 days annually, unless otherwise authorized by the assistant executive director due to exigent circumstances. Failure to comply may result in non-renewal of said permit.

(3) Permits for haul seines:

(a) Haul seines as specified herein may be used by persons licensed under Section 379.363, F.S., for taking non-game fish, bluegill, redear sunfish (shellcracker), and warmouth under authority of a permit from the executive director. A maximum of 10 haul seine permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form – South Region DFFM HSSR-01 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04464, incorporated herein by reference), except as otherwise provided in this rule. After all available permits have been issued, the Commission shall maintain the first-come, first-served status of said applicants on a list. As permits become available for issuance, the executive director shall issue said permits to the applicants on said list in chronological order, except as otherwise provided in this rule. Upon being notified that they have been selected for inclusion in the program, the applicants shall, within 60 days, provide evidence that they have purchased and possess all necessary equipment, including boat(s), motor(s) and net(s), and have designated an assistant/captain. Failure to comply will result in denial of said permit. Equipment shall not be shared by permittees.

(b) A permittee shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water or reporting of all game fish taken pursuant to said operation. A permittee shall be responsible for ensuring that the permit is aboard the vessel operating or transporting such equipment.

(c) If fish are transported ashore prior to termination of haul seine operations, a copy of the haul seine permit shall remain with a vessel operating the gear and shall accompany the fish to a designated fish house.

(d) The executive director may refuse to issue or renew the permit to, or for, any person who has been convicted of a violation of Chapter 379, F.S., or the rules of the Commission.

(e) Such permit shall be subject to revocation as provided in Rule 68-1.010, F.A.C.

(f) No person shall be issued more than one permit for a haul seine. The permittee or his one designated assistant/captain must be aboard the boat whenever fishing. Said designated assistant/captain shall be designated in writing, approved and such written designation maintained on file with the Commission. Said designation may be changed only upon a showing of good cause, in writing, and approved by the assistant executive director or his designate. A designated assistant/captain may work for only one permittee.

(g) In the event of the permanent disability or death of a permittee, the haul seine permit may be transferred, either by the permittee or the executor of the permittee’s estate, to a member of the permittee’s immediate family.

All permit transfer requests must be submitted to the Commission in writing and include:

a. Permittee’s name;

b. Permit number and expiration date;

c. Contact information for the permittee or executor of the permittee’s estate;

d. Transferee’s name and contact information; and

e. Relationship between the permittee and transferee.

Transfer requests must be signed by either the permittee or the executor of the permittee’s estate, as applicable, and include proof of relationship between the permittee and transferee. Proof of relationship includes birth certificates and/or marriage licenses.
For any transfer upon death or permanent disability of the permittee, the transfer request must include a copy of the death certificate or proof of disability.
The Commission must be notified of any transfer prior to renewal of the permit.

(4) Commercial gear specifications and restrictions:

(a) Haul seines:

Net specifications – Not less than 500 yards nor more than 1,600 yards in length, having not more than 250 yards of not less than two-and-one-half-inch stretched mesh in the pocket, doubles, and bunt or footing circle (including the width of the pocket); and not more than 200 additional yards of not less than three-inch stretched mesh; the remaining length of the net to consist of not less than three-and-one-half-inch stretched mesh. Mesh size in any portion of the net shall not exceed four-and-one-half-inch stretched mesh. Distance from the lead line to the float line shall be no less than ten feet.
Haul seines 500 to 1,000 yards in length shall be pulled by one boat only, and one end of the haul seine shall remain stationary during seining operations.
No purse seine, purse gill net or net using rings or other devices on the lead line through which a purse line is drawn shall be used as a haul seine.
Haul seine float lines shall be marked at 200-yard intervals with a floating fluorescent-orange marker buoy.
Closed areas:

a. Haul seines shall not be used or operated in Pelican Bay; in Fisheating Creek Bay north and west of a line from the weather beacon approximately one mile east of the north end of Observation Shoal (designated R “2” on National Oceanic and Atmospheric Administration, National Ocean Survey chart #11428, edition 16) to the westernmost point of Horse Island; that area north and west of a line from the easternmost point of Kings Bar to Nubbin Slough water control structure S-191; that area south of a line connecting the northernmost point of Kreamer Island to the northernmost point of Ritta Island; or in any rim canal, river mouth, channel, within that area shoreward of the boundary delineated by the commercial fishing boundary Global Positioning System coordinates incorporated in the permit issued pursuant to subsection 68A-23.012(3), F.A.C.

b. All other areas of Lake Okeechobee shall be open to haul seines authorized by permit.

No haul seine may be operated within 50 yards of any legal trotline.
Haul seines may be fished beginning at midnight but no fish shall be taken from the waters prior to one-half hour before sunrise. No haul seines shall be operated after sunset.
All haul seines in Lake Okeechobee shall be attended continuously.
Before fishing each day, permittee shall telephonically notify the dispatch center of the Commission's South Regional Office when he will fish and in what general area.

(b) Boats:

Any boat pulling a seine shall display a 12-x-18-inch fluorescent-orange flag having a white circle at a minimum height of eight feet above the deck. Said flag will bear, within the white circle, the permittee’s permit number in numerals not less than 10 inches in height.
The haul seine permit shall display the hull identification number and FL number of the haul seine boat(s) used. Should a different boat be used, the permittee shall request an amendment to his permit, in writing, from the assistant executive director or his designate.

Persons licensed in accordance with Section 379.363, F.S., may use up to 80 wire catfish traps in the waters of Lake Okeechobee excluding its tributaries.
No person shall possess any freshwater game fish while transporting catfish taken from any wire catfish trap.
No wire traps shall be placed within the triangular area encompassed by the following: commencing at the southwesternmost point of land at the mouth of the Kissimmee River connecting by a straight line to a point at latitude 27 degrees 7 minutes 30 seconds north and longitude 80 degrees 46 minutes 50 seconds west then connecting by a straight line to a point at the southeasternmost point of the Taylor Creek Lock connecting in a meandering line following along the shoreline of the lake to the point of beginning.
Trap specifications:

a. Maximum length – 5 feet.

b. Maximum height – 18 inches.

c. Maximum width – 32 inches.

d. Mesh – Of tarred or vinyl-coated wire not less than one inch nor more than one and one-half inches.

e. Type – Two funnels in one end with a trap door on the inside funnel. The trap door must remain closed except under pressure.

f. Maximum diameter of smallest outer funnel opening – 6 inches.

g. Maximum diameter of smallest inner funnel opening – 5 inches.

h. Depth – At least three feet of clearance between the highest point on the submerged trap and the water surface.

Each trap shall be identified by a marking bearing the name of the permittee.

(d) Trotlines: Trotlines shall be marked with a flag every 1,000 yards and with a gallon-sized buoy every 500 yards between flags when fished at a lake elevation below 11.0 feet NGVD as determined by the United States Army Corps of Engineers.

(5) Transport:

(a) No person shall possess or transport any freshwater game fish in excess of the possession limit established by Rule 68A-23.005, F.A.C., outside the area of Lake Okeechobee as described in subsection (1), unless in possession of a valid haul seine permit or a bill of lading showing purchase of fish from a haul seine permittee, in addition to the information specified in paragraph (7)(a).

(b) All freshwater game fish being transported shall be labeled with the haul seiner’s name, permit number, address, the relevant trip ticket report number, and the total weight by species of fish harvested in each container.

(6) Reports:

(a) Permittees shall maintain records of operation as designated by the Commission, maintain accounting records on forms furnished by the Commission, and report the total weight by species of fish harvested to the Commission each week as specified in this rule.

(b) All freshwater game fish commercially harvested pursuant to this rule shall be reported by either the haul seine permittee or fish dealer, in accordance with paragraphs (6)(c) and (6)(d), submitting a Lake Okeechobee Haul Seine Trip Ticket form (FWC DFFM Form 02 (May 2026)), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19624, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(c) A fish dealer, who purchases commercially harvested fish from a permittee or who is also a permittee and places commercially harvested fish into their own inventory, must submit a trip ticket report with all of the following information:

Name and haul seine permit number of the commercial harvester.
License number of the fish dealer.
Date of sale or disposition.
Date fished, including the start and landing times.
Total pounds of each species harvested.
Price per pound.
Total value (pounds harvested multiplied by unit price).
Pounds of each species sold.
Pounds of each species disposed of by means other than sale.

(d) A permittee, who commercially harvested fish and does not sell to a fish dealer, must submit a trip ticket report with all of the information required under paragraph (6)(c), except for subparagraphs (6)(c)6. through (6)(c)8. This includes instances when a person donates harvested fish or retains harvested fish for personal use.

(e) Trip Ticket reports shall cover a weekly reporting period, beginning on Sunday and ending on the following Saturday. Reports must be submitted no later than 11:59 p.m., local time, on the first Tuesday following the end of each weekly reporting period, as instructed on the form.

(f) A person required to report pursuant to this rule may not possess commercially harvested game fish after the reporting deadline in paragraph (6)(e) has passed if the relevant trip ticket has not been reported to the Commission.

(g) For all sales or transfers to a fish dealer, the fish dealer must provide the permittee with a copy of the relevant trip ticket record for each transaction.

(h) An electronic record, electronic copy, or a paper copy of each trip ticket submitted to the Commission must be maintained by the permittee and fish dealer for at least three (3) years from the date of submission.

(i) A person required to report pursuant to this rule must make all records related to the harvest, purchase, receipt, and disposition of commercially harvested freshwater game fish available for inspection at all times by the Commission.

(j) Failure to submit the required reports for the reporting period may constitute grounds for revocation or non-renewal of a haul seine permit, commercial fishing license, or freshwater fish dealer’s license. Revocation or non-renewal of such licenses or permits shall be in accordance with standards and criteria promulgated in Rule 68-1.010, F.A.C.

(7) Sale, transportation and handling of fish:

(a) No game fish caught by means other than a haul seine under a haul seine permit shall be sold for consumption. Any licensed freshwater fish dealer may sell, ship or transport lawfully caught game fish taken from Lake Okeechobee as provided herein and by Section 379.363, F.S. Legally caught game fish may be shipped or transported provided that a bill of lading showing the name of the shipper, total weight by species of fish shipped, and the date of the shipment, accompanies the fish. No common carrier shall knowingly ship, transport or receive for transportation any freshwater game fish unless such information accompanies the shipment.

(b) Each fish container shall be available for inspection by a duly authorized employee of the Commission. Game fish undesirable for human consumption because of size or spoilage may be processed for other commercial purposes with prior approval by an authorized agent of the Commission. All non-game fish taken in seines shall be removed from the water. Upon prior approval of an authorized representative of the Commission, non-game fish which have been processed by cooking may be used as bait for haul grounds.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.377 FS. History–New 8-1-79, Amended 11-8-79, 5-19-80, 6-22-80, 6-15-81, 6-21-82, 12-14-82, 7-1-84, 7-1-85, 9-19-85, Formerly 39-23.12, Amended 6-1-86, 2-21-88, 4-4-91, 4-15-92, 7-1-97, 7-1-98, Formerly 39-23.012, Amended 8-27-09, 3-24-13, 1-7-14, 10-16-14, 8-24-26.

Fla. Admin. Code R. 68A-23.0131 Special Regulations for Waters Bordering Georgia and Alabama: Lake Seminole, the St. Mary’s River, Lake Jackson (Walton County) and Perdido River

(1) Any person having in his possession a valid and appropriate sport fishing license issued by the State of Georgia or the State of Florida, or persons exempt from such licensure, may take fish by hook and line or rod and reel in the following described waters:

(a) In the waters of and on the banks of the waters of Lake Seminole – Bounded on the west by Florida State Road No. 271, on the south by the Jim Woodruff Dam, on the east by a line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the lake to the tip of land at the junction of the Flint and Chattahoochee Rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River.

(b) In the waters of and on the banks of the waters of the St. Mary’s River – Not including its tributaries.

(2) In the above described waters of Lake Seminole and the St. Mary’s River, no person shall take, catch or have in possession more than the daily bag limit for any species of game fish, or take, catch or have in possession more than 50 in the aggregate of all species of game fish.

(a) The daily bag limit on the above-described waters for Lake Seminole is as follows:

Black bass – 10 (all of which must be 12 inches or greater in total length).
Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 2 of which may be 22 inches or greater in total length).
Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.
Crappie – 30.
Pickerel – Chain, grass and redfin – 15.

(b) The daily bag limit for the St. Mary’s River and its tributaries is as follows:

Black bass – 10 (all of which must be 12 inches or greater in total length).
Striped bass, white bass, or striped bass-white bass hybrids – 2 (all of which must be 22 inches or greater in length).
Bream – bluegill, redbreast, rock bass and all other species of bream – 50.
Crappie – 30.
Pickerel – Chain, grass and redfin – 15.

(3) Any person having in his possession a valid and appropriate sport fishing license issued by the State of Alabama or the State of Florida, or persons exempt from such licensure, may take fish by hook and line or rod and reel in the following described waters:

(a) In the waters of and on the banks of the waters of the Perdido River (Not including its Florida tributaries).

(b) In the waters of and the banks of Lake Jackson (Walton County).

(4) In the waters of the Perdido River and Lake Jackson (Walton County), no person shall take, catch or have in possession more than the daily bag limit for any species of game fish, or take, catch or have in possession more than 50 in the aggregate of all species of game fish.

(a) The daily bag limit for the main stem of the Perdido River is as follows:

Black bass – 10. No more than 5 of the daily bag limit may be smallmouth bass.
Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 5 of which may be 22 inches or greater in total length).
Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.
Crappie – 30 (all of which must be 9 inches or greater).

(b) The daily bag limit on the waters of Lake Jackson (Walton County) is as follows:

Black bass – 5 (all of which must be 12 inches or greater in total length with only one allowed over 22 inches in total length).
Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 5 of which may be 22 inches or greater in total length).
Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.
Crappie – 30.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 379.2281, 379.2282 FS. History–New 6-21-82, Formerly 39-23.131, Amended 6-2-86, 8-9-90, 6-11-92, Formerly 39-23.0131, Amended 7-1-06, 7-1-16.

Fla. Admin. Code R. 68A-23.015 Regulations Governing the Taking and Possession of Alligator Gar, Eels and Freshwater Mussels

(1) No person shall take or possess alligator gar (Atractosteus spatula) without having obtained a permit from the Commission. Permits to take alligator gar shall be issued subject to criteria in Rule 68A-9.002, F.A.C.

(2) Persons licensed in accordance with Section 379.363(1), F.S., may take eels as specified in Rule 68A-23.002, 68A-23.003, 68A-23.004 or 68A-23.005, F.A.C., only under permit from the Commission. The Commission shall impose upon the permit any reasonable conditions necessary to assure protection of the fishery and other natural resources. Permits shall be issued, denied, renewed or revoked as provided in Rule 68-1.010, F.A.C. Eel harvest permits shall be issued to applicants who have submitted a completed eel harvest permit application. AMERICAN EEL (Anguilla rostrata) COMMERCIAL HARVEST PERMIT APPLICATION DFFM_Permit_AE-01 (09/2014) (found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04756) is incorporated herein by reference.

(3) Taking living or dead freshwater mussels for the purpose of sale or selling living or dead freshwater mussels, is prohibited.

(4) No person shall take more than 10 freshwater mussels or 20 half-shells of the families Unionidae and Margaritiferidae (Phylum Mollusca, Class Pelecypoda) per day. No person shall possess more than two days’ bag limit (20 individual mussels or 40 half-shells) of any mussels of these families. Permits for taking or possession of freshwater mussels of the families Unionidae and Margaritiferidae in excess of prescribed bag or possession limits shall be issued in accordance with Rule 68A-9.002, F.A.C.

(5) Except as provided in Rule 68A-23.008, F.A.C., freshwater mussels from families other than Unionidae and Margaritiferidae, such as the Asian clam Corbicula fluminea, may be taken for bait or personal use.

(6) Mussels shall be taken by hand-picking only. Use of brailles, crowfoot bars, or other mechanical methods for taking freshwater mussels is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-96, Formerly 39-23.015, Amended 3-9-06, 3-24-13, 11-26-14.

Fla. Admin. Code R. 68A-23.088 Regulations Governing Grass Carp

(1) No person shall take, possess, sell or otherwise transfer, buy or otherwise receive, transport or stock any grass carp without first obtaining a permit therefor from the Commission. Any grass carp inadvertently taken must be immediately returned unharmed to the water.

(2) Permits for grass carp other than triploid grass carp: Grass carp, other than triploid grass carp, may be possessed only as authorized by permit issued by the Commission for the production of triploid grass carp and subject to the following:

(a) Grass carp, other than triploid grass carp, held outdoors may only be held in a water body that has the lowest point of the top edge of its levee, dike or bank or tank at an elevation of at least one foot above the 100-year flood elevation determined by reference to elevation maps issued by the National Flood Insurance Program, U.S. Department of Housing and Urban Development. Such water body shall have no water discharge. Such water body shall be inaccessible to the public at all times by being securely enclosed by fences with locked gates or by the presence of the permittee or his agents guarding such water body and forbidding public access to such water body.

(b) Grass carp, other than triploid grass carp, held indoors may only be held in a container or tank having no water discharge or having a water discharge through a closed drain system that terminates in a dry-bed, waste-water pond. Such dry-bed, waste-water pond shall not be contiguous to any natural water body nor discharge its waters to any other water body at any time.

(c) Grass carp, other than triploid grass carp, may not be possessed in any number exceeding the number authorized by the permit. Grass carp, other than triploid grass carp, that are produced as a by-product in the production of triploid grass carp shall be destroyed, unless such grass carp that are produced as by-product do not cause the permittee to exceed the number of grass carp, other than triploid grass carp, that the permittee is authorized to possess by permit.

(3) Permits for triploid grass carp:

Triploid grass carp may be possessed, stocked, sold, transferred or transported only as authorized by permit issued by the Commission subject to the following:

(a) Triploid grass carp may be held outdoors only in a water body upon which is placed a structure installed in such a manner as to prevent escape of the triploid grass carp from the water body, or in a water body having a natural configuration that forecloses escape of such triploid grass carp. Such structure or configuration shall be maintained by the permittee as long as triploid grass carp remain in the water body.

(b) No person shall sell or otherwise transfer any triploid grass carp, except as authorized by permit from the Commission in addition to any license required for such transfer or sale by Section 379.363, F.S. No person shall sell or otherwise transfer any triploid grass carp unless the recipient of such grass carp has a permit as provided by this section. A copy of such recipient’s permit shall be maintained in the transferor’s records for a period of one year following such transfer and made available for inspection upon request of the Commission. Any grass carp sold or otherwise transferred shall be certified as triploid grass carp as provided in Rule 68A-1.004, F.A.C. prior to such sale or transfer or prior to transporting such grass carp for such sale or transfer. The transferor shall furnish to the Commission a report within 30 days following each calendar quarter indicating the transferor’s permit number; the name, address and permit number of each recipient of such triploid grass carp; the date of each sale or other transfer; and the number of triploid grass carp sold or transferred, for each sale or other transfer made during the calendar quarter.

(c) No person shall transport any triploid grass carp without having a copy of the Commission permit authorizing such transportation accompanying the shipment of triploid grass carp, and without such shipment containing only triploid grass carp, certified as provided in Rule 68A-1.004, F.A.C., and the certificate shall accompany such shipment of triploid grass carp.

(d) The Commission may deny an application for a permit to stock triploid grass carp in any water body, other than a private pond, if such proposed stocking is inconsistent with the principal or planned use of the water body, the optimum sustained use by the public of the water body’s living aquatic resources, or sound biological management principles.

(e) Notwithstanding the provisions of paragraph (3)(d), of this section, the Commission may grant an application for a research permit to possess or stock triploid grass carp for legitimate research purposes, subject to the following:

The research permit shall expire 12 months from the date of issuance.
A detailed research proposal shall accompany the application for the research permit. Such proposal shall state with particularity the research objectives and justifications, research project schedule, research methodology, and safeguards that shall assure that any detrimental effect upon the water body or its living aquatic resources will not be of a permanent or substantial nature.
A detailed annual report of research findings, which shall include a description of activities undertaken in the permit period, progress toward research project objectives and proposed activities to be undertaken in the ensuing months, shall be submitted prior to renewal of the research permit. Receipt and approval by the Commission is a condition precedent to renewal of the research permit.

(4) All places where grass carp are possessed shall be subject to inspection by Commission personnel at any time. Such inspection may include obtaining blood samples from grass carp for purposes of ascertaining ploidy.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 369.22 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 369.22, 379.28 FS. History–New 6-1-86, Amended 7-1-89, 7-1-90, 7-1-92, Formerly 39-23.088.

Chapter 68A-24 RULES RELATING TO FUR-BEARING ANIMALS AND POSSESSION OF HIDES

Fla. Admin. Code R. 68A-24.002 Methods of Taking Furbearers; Possession; Open Season

(1) Furbearers may be taken by guns, dogs, live traps and snares during specified open seasons detailed below. Live traps and snares shall be visited at intervals not exceeding 24 hours.

(2) Provisions for methods of take, open seasons, and possession:

(a) Raccoon, coyote, opossum, skunk, and beaver may be taken throughout the year by the use of guns (during daylight hours only, except as provided in paragraph (2)(b) below and Rule 68A-4.002, F.A.C.), dogs, live traps or snares, and may be possessed or transported alive only as authorized under Rules 68A-9.006, 68A-9.010, and 68A-9.012, F.A.C.

(b) During nighttime hours, raccoon or opossum may be taken with a gun only by the aid of a light and dogs, with .22 rimfire firearms other than .22 magnum, or with a single-shot, .410-gauge centerfire or muzzleloading shotgun using shot no larger than No. 6. The hunting of raccoon or opossum under the provisions of this paragraph by display or use of a light from a moving vehicle, boat, or animal is prohibited.

(c) Bobcat or otter may be taken from December 1 through March 1 by live traps, guns (during daylight hours only), dogs or snares. Additionally, bobcat may be taken for non-commercial purposes from March 2-31 by guns (during daylight hours only) or dogs. Fox and bobcats may be chased by the use of free-running dogs (day and night) throughout the year. The taking of any fox and/or coyote by a dog or dogs within an enclosure is prohibited. For the purposes of this subsection, in relation to using dogs for the taking of fox or coyote, an “enclosure” is defined as an area of land enclosed in such a manner as to prevent the natural ingress or egress of fox or coyote. No person shall kill or possess fox unless authorized by permit from the executive director.

(d) The taking or possession of mink, weasel, round-tailed muskrat or Key Vaca raccoon is prohibited.

(3) No person shall use, place, or maintain any set gun or steel trap for the purpose of taking or attempting to take wildlife.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-5-84, 7-1-85, Formerly 39-24.02, Amended 10-8-87, 4-11-90, Formerly 39-24.002, Amended 5-13-02, 7-1-08, 10-5-10, 3-25-12, 7-1-14, 7-29-15, 7-1-24, 7-1-26.

Fla. Admin. Code R. 68A-24.003 License and Tagging Requirements

(1) Persons taking or possessing any fur-bearing animal or part thereof for commercial purposes shall be licensed as provided by Sections 379.354 and 379.364, F.S., and may sell such animals in accordance with the provisions of this chapter. Any person licensed to hunt as provided by Section 379.354, F.S., exempt from hunting licensure under Section 379.354, F.S., or who has obtained a free permanent hunting license as provided in Section 379.352, F.S., may take fur-bearing animals only by shooting or by the use of dogs for non-commercial purposes and may possess one bobcat or otter skin without meeting the tagging requirements of this section.

(2) Persons holding valid furbearer licenses may sell tagged or untagged skins of bobcat or otter to licensed fur dealers or agents only during the period of December 1 to March 31.

(3) Fur dealers or agents licensed pursuant to Section 379.364, F.S., shall tag all untagged skins of bobcat or otter immediately upon receipt with a furbearer tag issued by the Commission.

(a) Tags shall be furnished by the Commission to fur dealers who shall account for the disposition of used tags and return all unused tags by April 15.

(b) The possession of untanned skins of bobcat or otter is prohibited during the period of April 1 to November 30 unless each skin has been tagged with the furbearer tag.

(4) Skins of bobcat or otter shall not be transported, shipped, carried, exported or otherwise removed from the state unless each skin is tagged with the Commission furbearer tag.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 379.364 FS. History–New 8-1-79, Amended 6-22-80, 6-4-81, 6-21-82, Formerly 39-24.03, Amended 6-2-86, 5-10-87, Formerly 39-24.003, Amended 3-30-06.

Fla. Admin. Code R. 68A-24.004 Fur and Hide Dealers: Operations, Reporting Requirements

(1) No fur or hide dealer or buyer shall buy or possess any untanned skin of any fur-bearing animal acquired from any person not licensed in accordance with Section 379.354, F.S., or any untagged, untanned hide of an alligator taken by a person not licensed as an alligator hunter under Section 379.354, F.S.; an alligator trapper, processor or farmer under Section 379.3751, F.S., or as a hide dealer under Section 379.364, F.S. Untanned skins of fur-bearing animals possessed or stored on the premises of a dealer or agent buyer for another person shall be tagged to show the name, address, date received and license number of the owner.

(2) Reporting, record keeping, and shipping requirements:

(a) Alligator hide dealers and buyers licensed pursuant to Section 379.364, F.S., shall submit an annual report to the Fish and Wildlife Conservation Commission at the conclusion of each calendar year for receipt by January 31. The report shall include the number of hides bought and name of person from whom the hides were bought, the harvest permit number under which each alligator was taken, and the date of purchase.

(b) Fur dealers and buyers licensed pursuant to Section 379.364, F.S., shall submit an annual report covering the period April 1 through March 31 to the Fish and Wildlife Conservation Commission for receipt by April 15. The report shall include the number of skins bought for each fur-bearing animal and name and trapping license number of person from whom the skins were bought and the date of purchase.

(c) Copies of records documenting purchases of alligator hides or fur-bearing animal skins shall be maintained at the dealer’s and buyer’s places of business for a period of one year.

(d) Any shipment initiated by a licensed fur or hide dealer or buyer with a common carrier shall have marked thereon the name of the licensee and license number.

(3) The written records of fur and hide transactions shall be made available for inspection by Commission law enforcement officers during regular business hours.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 379.364, 379.3012, 379.3751 FS. History–New 8-1-79, Amended 6-22-80, 6-4-81, 6-21-82, Formerly 39-24.04, Amended 6-2-86, 6-7-88, 2-4-89, 4-11-90, 4-1-96, Formerly 39-24.004, Amended 3-30-06, 8-19-14.

Fla. Admin. Code R. 68A-24.005 Transporting and Shipping Live Raccoons

No person shall transport within, into, or from the state any wild-trapped, live raccoon, except as authorized by Rules 68A-9.006, 68A-9.010 and 68A-9.012, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. FS. History–New 8-1-79, Amended 7-5-84, Formerly 39-24.05, 39-24.005, Amended 7-1-08, 7-27-10, 7-1-24.

Chapter 68A-25 RULES RELATING TO REPTILES

Fla. Admin. Code R. 68A-25.001 Feeding or Enticement of Crocodilians Unlawful

No person shall intentionally feed, or entice with feed, any crocodilian unless held in captivity under a permit issued by the Fish and Wildlife Conservation Commission or otherwise provided by this Title.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended 5-18-06.

Fla. Admin. Code R. 68A-25.002 General Provisions for Taking, Possession and Sale of Reptiles

(1) In order to assure the optimal utilization of the estimated available alligator resource, the commission may by rule limit the number of participants engaged in the taking of alligators or their eggs from the wild. No person shall buy, sell, take, possess, transport, release, or import any American alligator, or any part thereof, or the nests or eggs of any American alligator except under permit from the executive director, as otherwise provided by this Title, or as follows:

(a) Lawfully acquired, unskinned alligator carcasses with CITES tags legally affixed; skinned alligator carcasses with the CITES tag number and, if applicable, harvest tag number recorded on an attached tag; untanned hides with CITES tags legally affixed; and alligator feet, viscera, and skeletal parts may be bought, sold, possessed, transported, and imported without a permit provided that untanned alligator hides may only be bought by persons licensed pursuant to Section 379.364, F.S., and that records of transfers of alligator feet, viscera, and skeletal parts shall be maintained as specified in Rule 68A-25.052, F.A.C.

(b) Persons permitted pursuant to Section 379.3761, F.S., and their employees may transport live, lawfully-possessed, untagged alligators to Florida locations for exhibition purposes and persons permitted pursuant to Section 379.3761, F.S., may sell, and they and their employees may transport, such alligators to:

Other persons permitted pursuant to Section 379.3761, F.S.,
To persons permitted to receive such alligators, or
To persons out of state, provided that all transports/transfers conducted pursuant to subparagraphs 68A-25.002(1)(b)1., 2. and 3., F.A.C., shall be documented on a Captive Alligator and Egg Transportation/Transfer Document (FWC Form 1006AF).
All originating exhibitor/seller(s) acting pursuant to this paragraph shall complete and sign the Captive Alligator and Egg Transportation/Transfer Document before the transport, obtain the signature of the recipient on the document, if appropriate, and forward the document to the Commission within 30 days following the date of transport. A copy of the completed document must accompany the alligators during transport.

(2) Notwithstanding other provisions in this Title, untagged, lawfully-acquired, cured, and mounted crocodilian trophies; untagged, tanned crocodilian hides; and manufactured goods wholly or partly composed of crocodilian hide or other parts may be possessed, transported, and imported without a permit, but may only be sold in accordance with the following:

(a) Documentary evidence of the source of acquisition of such crocodilian products held for sale shall be maintained until the products are sold. Such products held for sale and documentary evidence of the source of acquisition shall be subject to inspection by Commission personnel during reasonable hours.

(b) No person shall sell such crocodilian products manufactured from a species declared to be endangered or threatened by the U.S. Fish and Wildlife Service or the Commission.

(c) No person shall sell any crocodilian product manufactured in the form of a stuffed baby crocodilian less than three feet in length as measured from the tip of the snout to the tip of the tail that depicts an unnatural crocodilian body or body part positioning.

(3) Any alligator, crocodile, caiman or similar reptile, or any part thereof, seized or otherwise acquired by the Commission may be sold.

(4) The records of individuals or concerns selling any species of crocodilian will be subject to inspection and such individuals or concerns shall have in their possession invoices or other documentary evidence of the suppliers of such crocodilians. The advertisement or representation of any crocodilian other than American alligator, and meat and parts thereof, as alligator or “gator” and of caimans, and meat and parts thereof, as crocodile is prohibited.

(5) No person shall use, be in possession of or attend any hook, peg or other such device baited in such a manner as to be capable of taking alligators and suspended so that the bait is above water or submerged less than six inches except nuisance-alligator trappers taking nuisance alligators pursuant to Rule 68A-25.003, F.A.C., and except as otherwise provided in Rules 68A-25.032, 68A-25.042, and 68A-25.049 F.A.C.

(6) Turtles.

(a) Take and possession – For turtles not listed in Chapter 68A-27, F.A.C., the following restrictions control the take or possession unless authorized in the Commission’s Species Conservation Measures and Permitting Guidelines, hereby incorporated by reference and available at the following links: Alligator Snapping Turtles, Macrochelys suwanniensis, M. apalachicolae, and M. temminckii, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10418); Lower Keys populations of peninsula ribbonsnake, Thamnophis sauritus sackenii, red rat snake, Pantherophis guttatus, and striped mud turtle, Kinosternon baurii, effective July 2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12169); Suwannee cooter, effective July 2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12171).

No person shall take more than one turtle per day unless authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C.
Turtle eggs may not be taken from the wild.
Turtles may only be taken by hand, baited hooks, minnow seine nets or dip nets.
No person shall take Escambia map turtles (Graptemys ernsti), cooters (Pseudemys spp.), striped mud turtles (Lower Keys population) (Kinosternon baurii) or snapping turtles (Chelydra spp.) from the wild.
No person shall take, possess, transport, or sell any alligator snapping turtles (Macrochelys spp.).
No person shall take, possess, transport, or sell any diamond-backed terrapins (also referred to as diamondback terrapins, Malaclemys terrapin), except by permit. Permits may be issued for personal possession, exhibition and education, and scientific use. Permit issuance is in accordance with the Diamond-backed Terrapin Permit Application Guidance, effective March 1, 2022 and hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-13929. Persons in possession of diamond-backed terrapins shall have 90 days from the effective date of this rule to come into compliance with the provisions of this section.
No softshell turtles (Apalone spp.) may be taken from the wild during the period May 1 to July 31.
No person shall possess more than two Escambia map turtles (Graptemys ernsti), two box turtles of Florida native species (Florida box turtles [Terrapene bauri]; eastern, Gulf Coast, and three-toed box turtles [Terrapene carolina subsp.]; their taxonomic successors; or hybrids thereof), or two loggerhead musk turtles (Sternotherus minor).
The Commission recognizes aquaculture as an alternative to commercial harvest of wild populations of freshwater turtles. An owner, manager, agents or director of an aquaculture facility certified by the Florida Department of Agriculture and Consumer Services pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C., may harvest freshwater turtles as brood stock for scientific or commercial aquaculture as authorized by permit from the executive director limiting the location of harvest activities, duration of harvest activities, species of turtles to be harvested, number and size of turtles to be harvested to prevent overharvest of freshwater turtles.

(b) Transport – No person shall transport more than one turtle or any turtle eggs unless authorized by one of the following:

A permit from the executive director as provided in Rule 68A-9.002, F.A.C. An individual transporting turtles under the authority of this permit shall possess a copy of the permit.
An aquaculture facility certification issued by the Florida Department of Agriculture and Consumer Services under Section 597.004, F.S., and Chapter 5L-3, F.A.C. An individual transporting turtles under the authority of this certification shall possess a copy of such certificate.
A license for sale or exhibition of wildlife under Section 379.3761, F.S. An individual transporting more than one turtle under the authority of this license shall possess a copy of such license.
Documentation of the source and supplier of the turtles, indicating the purchase date; quantity and species of turtles acquired; name and complete address of supplier; and license identification number of supplier where applicable.

(c) Sale – No person shall buy, sell, or possess for sale turtles, their eggs or parts thereof, that have been taken from the wild.

(7) No person shall paint any turtle or tortoise or possess any turtle or tortoise on which paint has been applied to its shell or body parts.

(8) No person shall take or possess Peninsula ribbon snakes (Thamnophis sauritus sackenii) or red rat snakes (Pantherophis guttatus) from the Lower Keys population.

(9) No person shall buy, sell or possess for sale any Florida pine snake (Pituophis melanoleucus mugitus), nor shall any person possess more than one Florida pine snake, except that said restrictions shall not apply to amelanistic (= “albino”) specimens.

(10) Reptiles may be taken throughout the year in any manner not conflicting with other provisions of these rules.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 3-30-06, 5-18-06, 6-7-07, 10-23-08, 7-20-09, 8-19-14, 1-11-17, 5-7-19, 11-2-20, 2-7-22, 5-2-22, 7-9-26.

Fla. Admin. Code R. 68A-25.003 Taking and Disposal of Nuisance Alligators Statewide

(1) Only persons under contract with the Commission as nuisance alligator trappers, or their agents and assistants, who have been approved by the executive director, or his designee, shall take, possess and kill or sell live nuisance alligators as authorized by permit.

(2) Persons may apply for nuisance alligator contracts by completing and submitting a Nuisance Alligator Trapper Application (FWC Form 1002AT (2-06), incorporated by reference herein).

(3) Five dollars ($5) shall be expended by the Commission or its designee on marketing and education for each CITES tag used under the provisions of this rule contingent upon an annual appropriation by the legislature for marketing and education activities.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3012, 379.3751 FS. History–New 8-1-79, Amended 10-23-79, 6-22-80, 6-4-81, 6-21-82, 7-1-85, Formerly 39-25.03, Amended 6-1-86, 12-23-87, 5-5-88, 2-14-89, 4-11-90, 4-14-92, 3-30-95, 4-1-96, Formerly 39-25.003, Amended 4-30-00, 12-16-03, 5-18-06, 8-19-14, 4-5-18.

Fla. Admin. Code R. 68A-25.004 Regulations Governing the Operation of Alligator Farms

Alligator farms may be established and operated and alligators, eggs, and hides may be possessed by alligator farmers and farming agents subject to the following:

(1) Definitions:

(a) Breeding stock is defined as all alligators six (6) feet or greater in length that are maintained in outdoor enclosures for propagation purposes.

(b) Rearing stock is defined as all alligators other than breeding stock on a farm.

(2) Licensing and permitting:

(a) An alligator farm may be established and operated only pursuant to and in accordance with provisions of a permit issued by the executive director or his designee.

(b) Only persons who are at least 18 years old shall be issued an alligator farm permit. Persons who have been issued an alligator farm permit prior to September 5, 2013 and have remained in continuous possession of a valid alligator farm permit are exempt from this provision. All alligator farm permittees and farming agents shall be licensed as required by Section 379.3751, F.S.

(c) An alligator farm may be licensed and permitted separately on a parcel contiguous with another alligator farm provided the following criteria are met to ensure maintenance of separate inventories on the farms:

The applicant shall submit a copy of the current deed or leaseholder agreement in the prospective farm, along with a detailed map or drawing to scale, depicting the farm’s boundaries. Such boundaries shall be readily identifiable on the ground and shall show a clear demarcation between the farms.
A fence, wall, or equivalent structure, not less than six feet high, and constructed of not less than 11 1/2 gauge chain link, or strength equivalent, shall separate the borders of ponds or outdoor tanks of the adjacent farm, when they are not separated by a minimum of 100 feet of dry land.
When buildings are used for alligator grow-out, they shall be separate for each farm.
Egg incubators, if provided, shall be in buildings separate from those of any other contiguous farm.
Rearing tanks on the respective farms shall be separately drainable.
Farm buildings and outside tanks on the respective farm, that are not separated by a minimum of 100 feet, shall be visibly marked with the name of the farm or other identifier to facilitate inventory inspections.

(d) Farms that are located on non-contiguous properties shall be required to have separate alligator farming licenses and farm permits.

(e) Alligator farms permitted as eligible to receive eggs and hatchlings taken from the wild under provisions in Rules 68A-25.031 and 68A-25.032, F.A.C., shall provide a minimum of 2,000 square feet of rearing tank(s).

(f) A maximum of 30 permits may be issued that grant authority to receive alligator hatchlings under subsection 68A-25.031(1), F.A.C., and a maximum of 37 permits may be issued that grant first opportunity to participate in the distribution of eggs taken from the wild under subsection 68A-25.031(2), F.A.C. Beginning by June 30, 2023, and by June 30th every five years thereafter, the maximum number of permits issued that grant first opportunity to participate in the distribution of eggs taken from the wild under subsection 68A-25.031(2), F.A.C., shall be reviewed by staff for additional opportunities. Such permits shall be issued by the executive director or designee as follows:

When a permit becomes available, notice of such availability shall be published in the Florida Administrative Register.

a. Persons wishing to apply for an available permit shall do so in writing within 30 days of publication of the notice in the Florida Administrative Register. Persons whose applications are received more than 30 days after publication of the notice shall not be eligible for assignment of the available permit, irrespective of the postmark date on their application. Only persons licensed as alligator farmers pursuant to Section 379.3751, F.S., may apply, and only one application per person will be accepted.

b. Available permits shall be assigned to the applicant(s) with the highest number of accumulated preference points. Only applicants who possess an alligator farm permit indicating 2,000 square feet of rearing tanks and who, as indicated by annual farm reports and supporting documents, received into their farm inventory in one of the previous three years at least 1,000 eggs or hatchlings, individually or combined, collected under Rule 68A-25.031 or 68A-25.032, F.A.C., shall be eligible. Accumulated preference points will be assessed only for applicants who have not been issued in the last 10 years the type of permit being sought under this paragraph. Preference points will be calculated by determining the total number of years the applicant has received permits under each of Rules 68A-25.003, 68A-25.004, 68A-25.004(2)(f), 68A-25.032, 68A-25.042, and 68A-25.052, F.A.C., and licenses under Section 379.3751(2)(c) or (e), F.S., and Section 379.3761, F.S. (for alligators) since January 1, 2000. A random drawing, among applicants with the same number of preference points, will be used to select which applicant will be awarded a permit when two or more applicants are tied for the highest number of preference points.

No person shall be issued more than one permit for an alligator farm eligible to receive alligator eggs and one permit for an alligator farm eligible to receive alligator hatchlings taken from the wild as specified in this paragraph.
Failure of a permittee to participate in the egg collection and distribution under Rule 68A-25.031, F.A.C., for two consecutive years shall result in revocation of the respective permit issued pursuant to this paragraph.
Failure of a permittee to participate in the hatchling collections under Rule 68A-25.031, F.A.C., for two consecutive years shall result in revocation of the respective permit issued pursuant to this paragraph.

(g) Permits to establish and operate alligator farms are not transferable except when incident to a bona fide sale or other ownership transfer of the facility, provided the application of the purchaser is approved by the Commission in accordance with rules and regulations of the Commission.

(h) No one shall transfer a permit or interest in a permit to a relative or to any other person or change executive officers or directors when the Commission has notified the permittee in writing that revocation or non-renewal proceedings have been or will be brought against the permit, or when a permittee, executive officer, director, or person holding an interest in the permit or business has been arrested, charged, indicted, or convicted, or has appealed the conviction, of a crime which is disqualifying under Commission rules or regulations. It shall be a violation of this section to transfer or attempt to transfer any permit or interest in a permit or business or change executive officers or directors contrary to the provisions of this section. The term “relative” with respect to this section means an individual who is related to the permittee, executive officer, director, or person holding an interest as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepsister, stepbrother, half brother, or half sister.

(i) An alligator farm permit shall not be issued to any person who has been convicted of any violation of Section 379.409 or 379.3015, F.S., or the rules of the Commission relating to the illegal taking of any crocodilian species:

For five (5) years following such conviction, or
For ten (10) years following, if such conviction involves the taking of an endangered crocodilian species. Any alligator farm permit possessed by persons convicted of any violation of Section 379.409 or 379.3015, F.S., or the rules of the Commission relating to the illegal taking of any crocodilian species shall be revoked.

(j) Upon revocation or non-renewal of an alligator farm permit as provided in Rule 68-1.010, F.A.C., the permittee shall have six (6) months to dispose of legally acquired alligator stock. The alligator farm and stock may not be sold or otherwise disposed of to any alligator farm of which the permittee or a relative is an officer, director, or principal or holds any interest.

(3) Record keeping requirements:

(a) Permittees shall maintain inventory records of the number of alligator eggs and alligators in each incubator, tank, pond, and enclosure. The source and disposition of eggs and alligators added to or removed from each incubator, rearing tank, and breeding stock enclosure shall be accurately recorded. Such inventory, source, and disposition records shall be kept on the farm on an Alligator Farm Inventory Record (FWC Form 1004AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19611) or in a manner that is substantially in compliance with the required record keeping.

(b) Shipping tickets, invoices or bills of lading, Statewide Alligator Hatchling Collection Form (FWC Form 1002AF, effective February 2026, incorporated in subparagraph 68A-25.031(1)(b)9., F.A.C.), Alligator Egg and Hatchling Transfer Document (FWC Form 1003AF, effective February 2026, incorporated in paragraph 68A-25.032(3)(j), F.A.C.), Public Waters Alligator Egg Transfer Document (FWC Form 1005AF, effective February 2026, incorporated in subparagraph 68A-25.031(2)(b)16., F.A.C.), Captive Alligator and Egg Transportation/Transfer Document (FWC Form 1006AF, effective February 2026, incorporated in paragraph (8)(b), of this rule), Public Waters Alligator Hatchling Transfer Document (FWC Form 1008AF, effective February 2026, incorporated in paragraph 68A-25.031(1)(b)11., F.A.C.), and records of all hide sales or transfers shall be maintained and kept at the farm to show source of supply or disposition of alligator stock.

(4) Reporting requirements:

(a) An Alligator Farm Annual Report (FWC Form 1000AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19614) shall be completed at the conclusion of each calendar year and submitted to the Commission by January 31.

(b) Failure to submit complete reports that accurately reflect farm records as required by this section shall be punishable as provided in Section 379.401(1)(a), F.S.

(5) Inspection and inventory requirements:

(a) Commission personnel may, during reasonable hours, enter and inspect all alligator farmers’ places of business, farm buildings, farm lands, vessels, and motor vehicles that are used or are of a type that could be used in the production, storage, sale, or transportation within this state of any alligators, their eggs, meat, or hides; inspect all records or documents pertaining thereto; and conduct partial inventories to determine if the permittee is in compliance with applicable laws and regulations. The permittee or designee shall make such records open to inspection upon request by Commission personnel.

(b) A complete inventory of any stock is authorized to be scheduled, conducted, and directed by Commission personnel during reasonable hours to determine an accurate count of alligators present on a farm under one or more of the following conditions:

Upon bona fide sale or transfer of farm ownership.
Upon two or more failures during a calendar year to maintain complete alligator farming records.
Prior to the transfer of alligator stock upon revocation or non-renewal of an alligator farming permit.
When a partial inventory reveals a discrepancy of ten (10) percent or more in inventory records. A partial inventory is defined as counting the alligators in not more than three (3) rearing tanks or counting ten (10) percent of the entire reported inventory, whichever is greater.
When the annual report submitted by a permittee indicates a discrepancy that cannot be reconciled between the permittee’s records of the farm’s total inventory and the Commission’s computed total number of alligators that should be present on a farm based on the previous years’ annual reports and records of receipts, dispositions, harvests, and transfers of eggs and alligators, provided that the permittee shall have seven (7) days to resolve such discrepancies to the satisfaction of the Commission.

(c) The alligator farm permittee shall provide all labor, equipment, and materials necessary to conduct inventories. Failure to abide by this requirement shall result in the suspension of all unused CITES tags and suspension of authorization to transfer alligators and alligator eggs as provided for in subsection 68A-25.004(8), F.A.C., until the inventory is completed.

(d) It shall be a violation of this section, punishable as provided in Section 379.401(2)(e), F.S., if a total physical inventory reveals a discrepancy in the recorded numbers of alligators by a farmer in excess of ten (10) percent. Any CITES tags that have been issued to the farm permittee in excess of the number of harvestable alligators actually present on the farm, as revealed by the inventory, shall be seized by Commission personnel and returned to the Commission.

(e) The permittee shall make all captively produced alligator eggs that are incubated on the farm available for inspection by August 1 of each nesting year. Such eggs shall be made available for inspection during reasonable hours in containers having not more than one layer of eggs at each incubation facility on the alligator farm. Only viable alligator eggs will be credited to the egg inventory. Eggs laid after August 1 may be collected and added to the egg inventory only if egg development characteristics indicate a laying date after August 1, and nests are verified by Commission personnel prior to being collected.

(6) Specifications for alligator farms:

(a) Pens or holding facilities shall be constructed in a manner to prevent the escape of any alligator contained in such pen or facility or entrance by any alligator from outside such pen or facility. Live alligators possessed under the authority of an alligator farm permit shall be confined at all times within pens, enclosures, or holding facilities that meet the requirements of this rule except when being transported directly between permitted facilities or processing facilities pursuant to subsection 68A-25.004(8) and Rule 68A-6.014, F.A.C. Intentional release of such alligators into the wild is prohibited, and any escape or loss of confinement must be reported immediately to the Commission’s Division of Law Enforcement and the Alligator Management Program.

(b) The ponds and outdoor tanks of all farms licensed to exhibit wildlife under Section 379.3761, F.S., shall conform to the fencing requirements for alligators as provided in subsections 68A-6.009(1)-(2) and Rules 68A-6.010 and 68A-6.011, F.A.C. Farms not licensed to exhibit wildlife shall not be required to meet such standards, but shall have fencing five feet in height consisting of not less than 11 1/2 gauge chain link or its strength equivalent and utilize fence ties 11 1/2 gauge or its strength equivalent to secure the fencing to posts, rails, and to any other structural parts to prevent the escape or entrance of an alligator.

(c) Alligators less than four (4) feet in length shall be kept in readily drainable rearing tanks of concrete, fiberglass, plastic, or metal construction or other materials approved by the executive director or designee that will ensure their secure and humane confinement.

(d) Minimum space requirements shall be:

One half (0.5) square foot of space for each alligator less than 24 inches in length and enough space to allow the alligator to at least partially submerge and partially exit from the water.
One and a half (1.5) square feet of space for each alligator measuring 24 inches to 48 inches in length and enough space to allow the alligator to at least partially submerge.
Three (3) square feet of space for each alligator greater than 48 inches in length and enough space to allow the alligator to at least partially submerge.
For all alligator sizes, one dimension of the enclosure must be at least as long as the longest animal it contains. Alligator farm permittees who also display alligators residing in their permanent enclosures to the public shall furnish alligator housing of sufficient size and design as provided by subsections 68A-6.009(1)-(2) and Rules 68A-6.010, 68A-6.011, 68A-6.012, and 68A-6.01214, F.A.C.

(7) Harvest of alligators:

(a) Any alligator killed under the authority of this section or that dies on a farm shall be recorded in the farm inventory records and either tagged within 24 hours with a CITES tag, furnished at no cost to the alligator farm permittee by the Commission, or destroyed. The CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. CITES tags may not be altered to compromise the locking mechanism in any way and shall be used only one time. The possession of any alligator hide or carcass not tagged as prescribed herein or any unskinned, untagged, frozen alligator carcass is prohibited, and such hides and carcasses shall be subject to seizure and forfeiture to the Commission under the provisions of Section 379.338, F.S.

(b) Alligator meat not discarded shall be processed or sold in accordance with Rule 68A-25.052, F.A.C.

(d) Tagged, unskinned alligator carcasses and tagged hides may be sold or otherwise disposed of.

(e) Property rights to unused CITES tags issued to alligator farm permittees shall be vested in the Commission, and unused CITES tags shall remain the property of the Commission. No person except the alligator farm permittee or licensed farming agents shall possess any unused CITES tag at any time.

(f) All unused CITES tags shall be returned to the Commission with the annual report by January 31 of the following year. It shall be a violation of this section for any person to possess any unused CITES tag(s) from the previous year after January 31.

(8) Transfer of alligator eggs and live, untagged alligators from alligator farms:

(a) Alligator eggs and live, untagged alligators may be sold and may be transferred but only to other licensed alligator farms; to exhibitors licensed pursuant to Section 379.3761, F.S.; to persons permitted to receive such eggs or alligators; or to persons out of state.

(b) The transfer of any alligator egg or live, untagged alligator from an alligator farm premises shall be documented on a Captive Alligator and Egg Transportation/Transfer Document (FWC Form 1006AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19615). The originating farm permittee shall complete and sign the Captive Alligator and Egg Transportation/Transfer Document before the transfer, obtain the signature of the recipient on the document, and forward the document to the Commission, within 30 days following the date of transfer. A copy of the completed document must accompany the alligators or alligator eggs during transport.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3751 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-25.04, Amended 8-24-87, 6-7-88, 2-14-89, 4-11-90, 4-4-91, 4-15-92, 7-1-94, 3-30-95, 4-1-96, 9-15-96, 11-12-98, Formerly 39-25.004, Amended 4-30-00, 3-30-06, 3-19-08, 3-24-13, 10-9-13, 4-2-14, 8-19-14, 6-14-18, 7-9-26.

Fla. Admin. Code R. 68A-25.006 Possession, Exhibition and Caging Venomous Reptiles: Prohibited Species

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 379.26, 379.372, 379.373, 379.374, 379.305 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-25.06, Amended 5-10-87, 4-1-96, 9-15-96, Formerly 39-25.006, Amended 11-17-99, Repealed 6-7-07.

Fla. Admin. Code R. 68A-25.021 Regulations Governing the Validation and Sale of Alligator Hides

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-5-88, Amended 2-14-89, 4-11-90, 10-22-92, 4-29-93, 3-30-95, 4-1-96, 4-27-98, Formerly 39-25.021, Repealed 4-30-00.

Fla. Admin. Code R. 68A-25.031 Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs

(1) Conditions governing alligator hatchling collections:

(a) Establishment of hatchling collection areas, quotas, and a coordinator:

Alligator hatchling collection areas shall be established by the executive director, or his designee, that are suitable for surveying, establishment of quotas, and collection based upon habitat characteristics and expected numbers of hatchlings.
Alligator hatchling collection quotas will be established by the executive director, or his designee, for individual counties or other specified management units. Such quotas will be based on the quantity of alligator habitat in each individual county and the best biological information that indicates the number of hatchlings that can be removed from the system without long-term adverse impacts on population levels.
Farmers permitted as eligible to receive hatchlings from the wild as specified in paragraph 68A-25.004(2)(e), F.A.C., and licensed as specified in Section 379.3751, F.S., who wish to participate in hatchling collections shall apply in writing. Farmers also permitted as eligible to collect hatchlings from the wild as specified in paragraph 68A-25.004(2)(f), F.A.C., may identify the person for whom they vote to be permitted as the hatchling collection coordinator (herein referred to as hatchling coordinator). Applications must be received by the Commission by July 1 of each year. For purposes of this rule, receipt shall mean actual receipt on or before the deadline by the Commission by U.S. Mail, express delivery, hand-delivery, or facsimile (fax) copy. Applications received after July 1 will not be accepted irrespective of the postmark date. The executive director, or his designee, shall issue a permit to direct and conduct hatchling collections on behalf of eligible participants to the individual receiving the majority of the votes from eligible voting members. The hatchling coordinator shall be licensed as an alligator farmer as specified in Section 379.3751, F.S., prior to being issued a permit.

(b) Procedures and requirements for alligator hatchling collections:

The hatchling coordinator shall solicit the participation of eligible farmers as follows:

a. Farmers permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be given the first opportunity to contribute fee payment for hatchlings in the established collection quota.

b. In the event that farmers permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., do not contribute fee payments for all hatchlings in the established quota, other eligible farmers not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be given the opportunity to contribute fee payments for the remaining hatchling quota.

Within five working days of receiving notice from the Commission of the established hatchling quota, the hatchling coordinator shall purchase hatchling tags at a cost of $5 each for each hatchling in the quota for which he intends to collect and shall indicate the percentage of the fees that was paid by farmers not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C.
The hatchling coordinators shall be issued a permit specifying the areas, quotas, and requirements for hatchling collections.
Alligator hatchling collections may be conducted only according to provisions of the hatchling collection permit and only from locations and during periods specified in the permit.
The hatchling coordinator shall be solely responsible for making fee payments, informing participants in the collection of permit requirements, ensuring that permit requirements are met, meeting reporting requirements, conducting hatchling collections, and equitably distributing hatchlings to group participants.
Farmers submitting applications consistent with subparagraph (1)(a)3., above, and who are permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be given equal opportunity to participate in the hatchling collection and distribution; farmers who are not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be entitled to receive a share of the hatchlings collected in proportion to the percentage of the fees that they paid.
Hatchlings may only be taken under this rule by alligator farmers in the collection group, the hatchling coordinator, and their agents licensed as specified in Section 379.3751, F.S.
Alligator hatchlings shall not be collected pursuant to this subsection from egg collection areas established under subsection (2), from lands included in alligator management programs established under Rule 68A-25.032, F.A.C., or from areas designated by the executive director, or is designee, as closed to such collections in order to provide for scientific studies or as necessary to protect alligator populations.
Alligator hatchlings shall be immediately tagged upon capture with alligator hatchling tags, except that hatchlings captured from a boat shall be tagged no later than immediately upon return to shore. Statewide Alligator Hatchling Collection Form (FWC Form 1002AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19612) must be completed prior to leaving the collection site and shall accompany the hatchlings at all times until they are delivered to a participating permittee’s alligator farm. Hatchling collection forms shall be submitted to the Commission as specified in the collection permit. No person shall possess any untagged alligator hatchlings acquired pursuant to this section.
Alligator hatchlings shall be transported and housed in suitable facilities as provided in subsections 68A-6.009(1)-(2) and Rule 68A-6.014, F.A.C., and transported to participating permitted alligator farms within fifteen (15) days following collection.
Alligator hatchlings may only be transferred to the hatchling coordinator or to farms participating in the hatchling collection group. The hatchling coordinator shall be responsible for signing and completing a Public Waters Alligator Hatchling Transfer Document (FWC Form 1008AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19613) for each transfer of hatchlings and ensuring that a copy of the completed form, signed by the hatchling coordinator accompanies the hatchlings during any such transfer.
Each participating farmer receiving hatchlings shall sign the accompanying copy of the Public Waters Alligator Hatchling Transfer Document (FWC Form 1008AF, effective February 2026) and submit it to the Commission within ten days (10) of the transfer date to document the addittion of those eggs to their farm inventory.
Alligator hatchling tags issued to the hatchling coordinator shall remain the sole property of the Commission until attached as provided herein. The hatchling coordinator’s agents licensed pursuant to Section 379.3751, F.S., and any licensed alligator farmer and licensed agent(s) for that farmer while in the presence of that farmer who is authorized to do so by the hatchling coordinator may possess unused hatchling tags and take alligator hatchlings as specified in the permit and this section. Licensees taking hatchlings independent of the hatchling coordinator shall be in possession of a copy of the collection permit. The hatchling coordinator shall be strictly liable to ensure that all alligator hatchling tags remain in his possession, the possession of licensed alligator farmers he has authorized to take hatchlings, or the possession of his licensed agent(s).
All unused alligator hatchling tags issued pursuant to this section shall be returned to the Commission as specified in the collection permit.

(2) Conditions governing alligator egg collections:

(a) Establishment of egg collection areas, groups, coordinators, and quotas:

Alligator egg collection areas shall be established by the executive director, or his designee, that are suitable for surveying, establishment of quotas, and collection based upon habitat characteristics, expected nest densities, and anticipated costs of surveys and collections.
Egg collection permits shall be issued for no more than two groups of eligible alligator farmers.
Farmers permitted as eligible to receive eggs from the wild as specified in paragraph 68A-25.004(2)(e), F.A.C., and licensed as specified in Section 379.3751, F.S., who wish to participate in egg collections shall apply and identify, in writing, the collection group in which they elect to participate. Farmers also permitted as eligible to participate in the collection and distribution of eggs as specified in paragraph 68A-25.004(2)(f), F.A.C., may identify the person for whom they vote to be permitted as the egg collection coordinator (herein referred to as egg coordinator). Applications must be received by the Commission by April 1 of each year. Eligible farmers meeting the April 1 application deadline may transfer to the other collection group upon written request received by the Commission. Such transfer requests must be received by April 15. For purposes of this rule, receipt shall mean actual receipt on or before the deadline by the Commission by U.S. Mail, express delivery, hand-delivery, or facsimile (fax) copy. Applications and transfer requests received after April 1 and April 15, respectively, will not be accepted irrespective of the postmark date. The executive director, or his designee, shall issue permits to direct and conduct egg collections on behalf of group participants to the individuals receiving the majority of the votes from eligible voting members in each group. Each egg coordinator shall be licensed as an alligator farmer as specified in Section 379.3751, F.S., prior to being issued a permit.
Quotas for the number of nests that may be opened on each collection area shall be determined by Commission biologists conducting surveys and will be set to ensure no long term negative impacts on alligator populations.
The proportion of the total nest quota to be assigned to a collection group will be calculated as the number of farms permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., participating in that collection group on April 1, divided by the total number of farms permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., participating in either collection group.

(b) Procedures and requirements for alligator egg collections:

Egg coordinators shall solicit the participation of group members as follows:

a. Farmers permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be given the first opportunity to contribute fee payments for nests assigned to their group.

b. In the event that farmers permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., do not contribute fee payments for all nests assigned to the group, farmers in the group not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be given the opportunity to contribute fee payments for the remaining nest quota.

Within five working days of receiving notice from the Commission of the group’s total nest quota and collection area assignments, each egg coordinator shall purchase 25 egg fee permits at a cost of $5 per egg for each nest in the quota from which he intends to collect eggs and shall indicate the percentage of the fees that was paid by farmers in the group not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C. If payment is not made for the full nest quota, the egg coordinator shall provide notice in writing with the fee payment of the areas from which he does not intend to collect eggs and, if a partial quota is to be collected from an area, shall specify the area and the number of nests to be collected from that area. Only one area may be specified from which a partial quota will be collected.
Any nest quota for which fee payment and notice are not received as specified in subparagraph (2)(b)2., above, shall be assigned to the other collection group provided that the group’s egg coordinator submits fee payment and notice for the quota to be transferred within five working days of notification as specified in subparagraph (2)(b)2.
Egg Coordinators shall be issued Alligator Egg Fee Assessment Record (FWC Form 1007AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19616) by the Commission that document the number of eggs for which payment was received and permits specifying the areas, quotas, and requirements for egg collections.
Permits shall expire August 7 of each year, except that the executive director, or his designee, may extend the expiration date upon request of a group egg coordinator if collections are delayed for reasons outside of the control of the egg coordinator and collectors and a concerted effort has been made to complete the collections before August 7. Any quota unused upon expiration of the permit shall be assigned to the other collection group upon purchase of the requisite number of egg permits by the other group’s egg coordinator.
Alligator egg collections may be conducted only according to provisions of the egg collection permit and only from locations and during periods specified in the permit.
Each egg coordinator shall be solely responsible for making fee payments, informing participants in the collection of permit requirements, ensuring that permit requirements are met, meeting reporting requirements, conducting egg collections, and equitably distributing eggs to group participants.
Egg collections shall only be conducted under the supervision of Commission personnel.
Prior to egg collection, the egg coordinator shall request approval of collection dates, exit points, and egg inspection sites for each collection area from the executive director or his designee. Egg inspection sites at locations different from approved exit points shall be approved by the executive director or his designee only in extenuating circumstances or when shelter from inclement weather and utilities suitable for egg inspection are not available at the exit point. Commission personnel shall be provided the opportunity to inventory eggs at the exit point and to supervise the transport of eggs from the exit point to such approved egg inspection sites.
Distribution of eggs:

a. Farmers who were issued their initial permit pursuant to paragraph 68A-25.004(2)(f), F.A.C., prior to July 1, 2017, or who were transferred such permit as part of a bona fide sale as outlined in paragraph 68A-25.004(2)(g), F.A.C., shall have the initial 33,000 eggs retained equally distributed to them (1,100 eggs each).

b. Farmers who were issued their initial permit pursuant to paragraph 68A-25.004(2)(f), F.A.C., after July 1, 2017, shall have all eggs in excess of the initial 33,000 retained equally distributed to them, not to exceed 1,100 each. Any eggs retained in excess of 40,700 shall be equally distributed to all farmers permitted pursuant to paragraph 68A-25.004(2)(f)., F.A.C.

c. Farmers in each group who are not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be entitled to receive a share of the eggs collected from each area in proportion to the percentage of the group’s fees that they paid.

Eggs may only be taken under this rule by alligator farmers in the collection group, the egg coordinator, and their agents licensed as specified in Section 379.3751, F.S.
The number of nests opened on each egg collection area shall not exceed the quota established pursuant to subparagraph (2)(a)4. All eggs from each opened nest shall be collected.
The egg coordinator shall possess Alligator Egg Fee Assessment Records that indicate an available balance of no less than one egg collection permit for each egg collected.
All eggs collected each day shall be presented in a single layer for inspection to Commission personnel at the designated egg inspection site. The egg coordinator may select eggs to be retained and shall mark said eggs in a manner designated by the Commission. A fee of $5 per egg shall be assessed for every egg retained as recorded on Alligator Egg Fee Assessment Records. All remaining eggs shall be surrendered to Commission personnel at the egg inspection site. Each egg coordinator shall be refunded fees assessed under this provision for eggs retained from egg collections areas for which he/she has paid for the survey costs not to exceed the amount he/she paid for such surveys as documented by Commission flight records and helicopter flight time invoices.
Each collection day at the egg inspection site, the egg coordinator shall record the number of eggs retained on one or more Alligator Egg Fee Assessment Records, sign the form(s) to verify the number of eggs retained and balance to be collected, obtain the signature on the form(s) of the Commission staff person supervising the collection, and submit a copy of the form(s) to such staff person.
Each collection day at the egg inspection site the egg coordinator shall provide Commission personnel completed copies of the Public Waters Alligator Egg Transfer Document (FWC Form 1005AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19617), signed by the egg coordinator and indicating the number of eggs to be transferred to each participating farm or to a designated temporary storage facility. Eggs may be temporarily stored at the designated storage facility for up to 30 days following collection before transfer to the participating farms.
Eggs may only be transferred to the designated temporary storage facility or to farms participating in the egg collection group. The egg coordinator shall be responsible for ensuring that a copy of FWC form 1005AF is completed for each transfer of eggs and that a copy of the completed form, signed by the egg coordinator, accompanies the eggs during any such transfer. Any physical transfer of eggs must be accomplished within two days of completion and signing of the form by the egg coordinator.
Each participating farmer receiving eggs shall sign the accompanying copy of FWC form 1005AF and submit it to the Commission within ten days of the transferral date to document the addition of those eggs to their farm inventory.

(c) One dollar shall be expended by the Commission or its designee on marketing and education for each egg collected and retained under the provisions of this rule contingent upon an annual appropriation by the legislature for marketing and education activities. In the event an annual appropriation by the legislature for marketing and education activities is not granted, the fee assessed per egg collected and retained shall be reduced to $4.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3012, 379.3751, 379.3752 FS. History–New 8-24-87, Amended 6-7-88, 2-14-89, 4-11-90, 4-15-92, 4-29-93, 6-26-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.031, Amended 4-30-00, 5-13-02, 4-11-04, 3-30-06, 3-19-08, 3-12-09, 8-19-14, 6-14-18, 7-9-26.

Fla. Admin. Code R. 68A-25.032 Regulations Governing the Establishment of Alligator Management Programs

Alligator management programs designed for the taking of alligator eggs and hatchlings and the trapping of non-hatchling alligators may only be established on private lands and on public lands, other than sovereign submerged lands, for which a governmental entity can demonstrate an ownership interest or a leasehold interest and approval of the owner (referred to as “public lands” in this section) under the following conditions:

(1) Alligator Management Program – Application and review procedures.

(a) The owner or authorized lessee of property containing alligator habitat (as described in FWC Form 1000PW) shall complete an Alligator Management Program Application (FWC Form 1000PW, effective February 2026, incorporated by reference, and available at http://flrules.org/Gateway/reference.asp?No=Ref-19618), for establishment of an Alligator Management Program each calendar year. A group of landowners or authorized lessees may apply jointly provided their properties are adjoining.

(b) The alligator habitat described in the Alligator Management Program Application may not include lands established as an alligator harvest management unit pursuant to Rule 68A-25.042, F.A.C., or an alligator egg collection area pursuant to Rule 68A-25.031, F.A.C.

(c) Alligator habitat inventories contained in Alligator Management Program Applications shall be verified by an individual who is designated as an associate wildlife biologist or a certified wildlife biologist under The Wildlife Society’s Program for Certification of Professional Wildlife Biologists, The Wildlife Society, 5410 Grosvenor Lane, Bethesda, MD 20814; or who is designated as an associate ecologist, ecologist, or senior ecologist under the Ecological Society of America’s Certification Program, ESA Center for Environmental Studies, Arizona State University, Tempe, AZ 85287-3211; or who is designated as an associate fisheries scientist or a certified fisheries scientist under the American Fisheries Society’s Professional Certification Program, American Fisheries Society, 5410 Grosvenor Lane, Suite 110, Bethesda, MD 20814-2199; or who is a full Member of the Society of American Foresters, 5400 Grosvenor Lane, Bethesda, MD 20814. Non-hatchling and hatchling alligator surveys contained in said applications shall be verified by an individual who is designated as a certified wildlife biologist by The Wildlife Society’s Program for Certification of Professional Wildlife Biologists. Alligator nest surveys contained in said applications shall be conducted by an individual who is designated as a certified wildlife biologist by The Wildlife Society’s Program for Certification of Professional Wildlife Biologists or a Commission-approved observer. Any survey verified or conducted by an individual who has been convicted of any Commission rule, statute, or permit violation within the last three years at the time of application shall be rejected by the Commission. A person seeking Commission-approved observer status shall be denied if he or she has been convicted of any Commission rule, statute, or permit violation within the last three years. As used in this paragraph, the term conviction shall mean any judicial disposition other than acquittal or dismissal. Persons seeking Commission-approved observer status shall submit:

Documentation demonstrating 5 years of experience observing at least 125 alligator nests each year, and
Two letters of reference from adults having personal knowledge of the observers stated nest survey experience. No more than one reference may be a relative of the observer.

(d) Applicants may incorporate by reference in their annual application the habitat inventories and non-hatchling alligator surveys referenced in paragraph (1)(c), above, that were previously submitted by the applicant and that remain on file with the Commission provided that habitat conditions have not changed on the property. New applicants for previously permitted properties shall submit newly verified habitat inventories and non-hatchling alligator surveys as specified in paragraph (1)(c), above.

(e) Upon review and approval of timely submitted applications, individuals designated in the application (hereinafter referred to as designees) shall be entitled to receive permits to take alligators, eggs, or hatchlings on the permitted property in accordance with permit provisions and provisions of this rule.

(f) Applicants may identify one designee for taking non-hatchling alligators, one designee for taking alligator eggs, and one designee for taking alligator hatchlings. Public lands applicants shall select designees by a competitive bidding or random selection process. Requests to change a designee shall be in writing.

(g) Designees shall be licensed in accordance with the provisions of Section 379.3751, F.S., prior to the issuance of their permits. A permittee’s agents shall be licensed, if necessary, in accordance with the provisions of Section 379.3751, F.S., prior to said agents taking non-hatchling alligators, alligator hatchlings, or alligator eggs.

(h) Permits shall be issued to designee within 60 days following receipt of a complete application meeting the criteria established herein (applicants should submit applications at least 60 days prior to the opening of the harvest period to ensure timely issuance of harvest permits and tags prior to the opening of the harvest period). Permits may be denied, pursuant to Rule 68-1.010, F.A.C., to designees who have previously failed to return unused tags and completed forms as specified herein.

(2) Procedures governing the issuance of harvest permits and the taking of non-hatchling alligators.

(a) Harvest quotas for non-hatchling alligators may be requested by submitting the following information:

A habitat inventory (as described in FWC form 1000PW), or
A habitat inventory (as described in FWC form 1000PW) and an alligator population survey, or
An alligator population survey.

(b) With respect to alligator population surveys submitted pursuant to subparagraphs (2)(a)2. and 3.:

Only one alligator population survey may be submitted each year.
A harvest quota may be requested without submitting a current alligator population survey in the year immediately following two consecutive years of alligator population surveys, and in alternate years thereafter, provided the surveyed areas and survey methodologies are comparable between surveys.
A one-time request for a harvest quota may be submitted to utilize any unused harvest quota specific to the property from the previous year, provided other provisions for establishing a harvest quota have not been utilized.

(c) Upon review of the habitat inventory or the alligator population survey, Commission biologists shall recommend to the executive director or his designee a harvest quota for the permitted property. Such recommended quotas shall be based upon the best biological information that indicates the number of alligators that can be removed from the system without long-term adverse impacts on population levels. Upon approval of harvest quotas by the executive director or his designee, the Commission shall furnish the designee a harvest permit and an alligator CITES tag for each non-hatchling alligator to be taken from the approved area. Harvest permits shall expire on December 31 of each year, and associated CITES tags may not be used after that date.

(d) Alligators captured for release may only be taken using live traps; snatch hooks, or by hand; or by other non-injurious method. Any alligators captured by the following methods cannot be released: firearms and sethooks; baited, wooden pegs less than two (2) inches in length attached to a hand-held restraining line; harpoons and gigs; and manually operated spears, spearguns, gig-equipped bang sticks, and crossbows and bows with projectiles attached to a restraining line. The use of firearms other than bang sticks and gig-equipped bang sticks is prohibited from sunset to sunrise. Not withstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with these methods of take.

(e) Any person possessing a valid alligator trapping or trapping agent’s license, or who is exempt from such licenses, pursuant to Section 379.3751, F.S., may take non-hatchling alligators provided they are authorized to do so by the designee. While taking or attempting to take non-hatchling alligators, hunters must have in their possession, and readily available for inspection:

Proof of their valid alligator trapping or trapping agent’s license, or exemption from such license pursuant to Section 379.3751, F.S.
A signed copy of the valid Commission issued private lands harvest permit for the hunted property.
Unused Commission issued CITES tag(s) corresponding to the valid alligator harvest permit.

(f) No alligator shall be introduced, relocated, or released on any property authorized under this rule for the purpose of creating, enhancing, or supplementing harvest opportunity.

(g) Any alligators captured shall be released or killed before the permittee, or authorized persons referenced in paragraph (2)(e), above, leaves the property described in the Alligator Management Program Application (FWC form 1000PW). An identifying alligator CITES tag issued by the Commission shall be locked through the skin of the alligator within six (6) inches of the tip of the tail immediately upon killing or, if the alligator is killed from or in a boat, no later than immediately upon return to shore and before leaving the property. If there is a permitted alligator processing facility on the property, alligators shall be tagged immediately upon capture except that alligators captured from a boat shall be tagged no later than immediately upon return to shore and before leaving the property. The identifying alligator CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. CITES tags may not be altered to compromise the locking mechanism in any way and shall be used only one time. The possession of any alligator hide not tagged as prescribed herein is prohibited, and such hide shall be subject to seizure and forfeiture to the Commission under the provisions of Section 379.338, F.S.

(h) Within 24 hours of taking each alligator, and prior to the transfer of the carcass to another person, the permittee must complete and submit harvest information through the Commission’s harvest reporting system in accordance with an Alligator Harvest Report Form (FWC Form 1001AT, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19619). A printed or electronic record generated through the Commission’s harvest reporting system shall accompany the carcass until final disposition, unless otherwise provided in this Title.

When access to the Commission’s harvest reporting system is not available prior to the transfer of the carcass, the transfer shall be recorded in a temporary harvest transfer log which must accompany the carcass until the harvest information is reported as required.
The temporary harvest transfer log shall include: the permittee’s legal name; CITES tag number; date of harvest; county and water body where harvested; total length of the alligator in feet and inches; date and time of transfer; and legal name of the receiving party.

(i) Five dollars ($5) shall be expended by the Commission or its designee on marketing and education for each CITES tag used under the provisions of this rule contingent upon an annual appropriation by the legislature for marketing and education activities.

(3) Procedures governing the issuance of collection permits and the taking of alligator eggs and hatchlings.

(a) Alligator eggs and hatchlings may be collected from properties as described in FWC form 1000PW.

(b) Designees who wish to harvest alligator eggs shall submit an alligator nest survey to the Commission by August 1 of each year, and designees who wish to harvest alligator hatchlings shall submit to the Commission an alligator hatchling pod survey by November 1 of each year, as specified in the Alligator Management Program Application (FWC form 1000PW).

Only one alligator nest and hatchling pod survey may be submitted each year.
A harvest quota may be requested without submitting a current alligator nest or hatchling pod survey in the year immediately following two consecutive years of alligator nest or hatchling pod surveys, and in alternate years thereafter, provided the surveyed areas and survey methodologies are comparable between surveys.

(d) Commission biologists shall assess the status of the alligator population based on available habitat and survey information provided by the applicant’s designee and recommend to the executive director or his designee the number of alligator eggs and/or hatchlings to be collected. Collection quotas for alligator nests will be set at either 50% of the observed nests or all observed nests. If the nest collection quota is requested pursuant to subparagraph (3)(c)2., the quota will be set in year three at 50 percent of the average number of nests observed during the surveys conducted during years 1 and 2. For requests pursuant to subparagraph (3)(c)2., made in years subsequent to year 3, the quota will be set at 50 percent of the average of the nests observed during the surveys conducted in the previous year and two years prior. For example, the quota in year 5 shall be 50 percent of the average number of nests observed during the surveys conducted in years 2 and 4; the quota in year 7 shall be 50 percent of the average number of nests observed during the surveys conducted in years 4 and 6; the quota in year 9 shall be 50 percent of the average number of nests observed during the surveys conducted in years 6 and 8, and so on. Requests for a permit for a collection quota of all observed nests will be subject to the following:

Participating properties will be excluded from alligator hatchling collections.
Nest survey data shall be submitted each year to maintain eligibility.
Only properties having a history of having at least three nest surveys, including the current year, out of the five previous years with each survey documenting more than 10 nests observed shall be eligible.
Only properties having nest surveys conducted by an individual as specified in paragraph (1)(c) shall be eligible. The most recent three years of qualifying nest surveys will establish a baseline average number of alligator nests by which a property will be reviewed for eligibility. If the total number of nests observed during the nest survey for a given collection year is greater than 20% below the baseline average, the nest collection quota for the following year shall be 50%.
The nest survey route and nest collection data shall be submitted to the Commission within 15 days following the expiration of the egg collection permit as specified in the egg collection permit to maintain eligibility.

(e) Upon approval of quotas by the executive director or his designee, the Commission shall issue the applicant’s designee a harvest permit and alligator hatchling tags or an Alligator Egg Fee Assessment Record (FWC Form 1007AF) following receipt of hatchling tag or egg permit fees. Alligator hatchling tags provided under this subsection shall be fixed, pursuant to Section 379.3752, F.S., at a cost of $5 each and alligator egg fee permits provided under this subsection shall be fixed, pursuant to Section 379.3751, F.S., at a cost of $2 each. Alligator Egg Fee Assessment Records issued pursuant to this paragraph are not transferable and shall be used only on properties for which the applicant’s designee has been issued an alligator nest collection permit pursuant to this rule.

(f) In addition to the procedures detailed in paragraphs (3)(b) through (d), above, following receipt by the Commission of a written request for an alligator egg collection permit (supervised) and issuance of such permit, eggs may be collected as directed in the harvest permit from nests observed during an on-site survey by an individual meeting the requirements for conducting nest surveys in paragraph (1)(c), of this rule, provided the permittee has submitted a fee of $2 per egg to be collected and has been issued one or more Alligator Egg Fee Assessment Records by the Commission that document the number of eggs for which payment was received. Such collections shall only be conducted under the direct supervision of said individual according to the provisions of the collection permit. The permittee shall submit to the Commission a map or GPS coordinates of the locations of all alligator nests observed during the on-site survey within 15 days following the expiration date of the egg collection permit. The nest location map or GPS coordinates must have been provided to the permittee by an individual meeting the requirements for verifying nest surveys in paragraph (1)(c), of this rule.

(g) Alligator eggs and/or hatchlings may be taken only at the times and under the conditions set forth in the collection permit. Hatchlings shall be tagged immediately upon capture with an alligator hatchling tag provided by the Commission, except that hatchlings captured from a boat shall be tagged no later than immediately upon return to shore and before leaving the property. An Alligator Egg Fee Assessment Record (FWC Form 1007AF, effective February 2026, incorporated by reference in subparagraph 68A-25.031(2)(b)4., F.A.C.) shall be completed and signed by the permittee or any agent identified on the permittee’s permit to document all retained eggs on the day of collection and prior to transporting the eggs from the property or to a licensed farm facility. A copy of such Alligator Egg Fee Assessment Record shall remain with the eggs until the eggs are transferred to an alligator farm permitted as eligible to receive eggs and hatchlings from the wild, as specified in Rule 68A-25.004, F.A.C.

(h) Individuals, other than the egg collection permittee or agents identified on the permittee’s permit, shall immediately notify the permittee upon taking possession of alligator eggs collected and retained under this rule until those eggs are transferred to another person or received into the inventory of an alligator farm permitted to receive eggs from the wild, as specified in Rule 68A-25.004, F.A.C. A permittee shall immediately notify the Commission when any individual other than the permittee or an agent identified on the permittee’s permit takes possession of alligator eggs collected and retained under this rule. Alligator farmers receiving alligator eggs taken under this rule shall immediately notify the Commission of the number of eggs received into their alligator farm inventory.

(i) Any person possessing a valid alligator farming or farming agent’s license pursuant to Section 379.3751, F.S., may take alligator eggs or hatchlings as provided in the harvest permit provided they are authorized to do so by the designee. Authorized licensees taking alligator hatchlings or eggs independently of the designee shall be in possession of a copy of the harvest permit.

(j) Persons issued permits shall maintain complete records of eggs or hatchlings taken, and shall complete and return within 15 days an Alligator Egg and Hatchling Transfer Document (FWC Form 1003AF, effective February 2026, incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19620), for eggs or hatchlings transferred to alligator farm facilities permitted under Rule 68A-25.004, F.A.C.

(k) Alligator eggs or hatchlings taken under this rule shall be transferred within 15 days of taking to farms permitted as eligible to receive eggs and hatchlings from the wild as specified in Rule 68A-25.004, F.A.C.

(l) Alligator Egg Fee Assessment Records shall be returned by the permittee to the Commission no later than 15 days after the expiration date of the harvest permit. It shall be a violation of this rule for any person to possess any Alligator Egg Fee Assessment Record(s) issued pursuant to this rule 15 days after the expiration date of the harvest permit. Permits may be denied, pursuant to Rule 68-1.010, F.A.C., to applicants who have previously failed to return unused Alligator Egg Fee Assessment Records and complete forms as specified herein.

(4) Commission personnel shall be granted access to any lands or facilities permitted hereunder in order to verify application information submitted hereunder and to collect biological data on and specimens from alligators, their eggs or hatchlings, provided that specimens shall only be collected when necessary for the management of the species. All required records shall be made available to inspection by the Commission.

(5) All tags issued under this rule shall remain the sole property of the Commission until used as provided herein, and may be possessed only by the permittee, or persons the permittee has authorized to take alligators as provided for in paragraph (2)(e), above, prior to such use. Permittees shall be strictly liable in ensuring that all unused tags remain in their possession, or the possession of persons they have authorized to take alligators as provided for in paragraph (2)(e), above, and that all unused tags are returned to the Commission within 15 days following permit expiration.

(6) All permits and authorizations and applications for permits and authorizations herein are subject to the provisions of Rule 68-1.010, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3751, 379.3752 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-4-91, 4-15-92, 10-22-92, 4-29-93, 4-10-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.032, Amended 5-28-00, 10-10-00, 5-13-02, 3-30-06, 3-19-08, 7-20-09, 3-24-13, 10-9-13, 4-2-14, 8-19-14, 12-23-14, 2-1-16, 6-11-20, 7-9-26.

Fla. Admin. Code R. 68A-25.042 Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale

No person shall take non-hatchling alligators from the wild except as provided herein and under other applicable rules of the Commission.

(1) Establishment of alligator management units and harvest quotas:

(a) Management units comprised of specified wetlands, lakes, rivers or other water bodies that may be reasonably grouped for the purposes of study, analysis or management and that are suitable for harvest based on habitat characteristics, accessibility, and estimated alligator densities shall be established by the executive director or his designee.

(b) Annual harvest quotas for each management unit shall be established by the executive director, or his designee, and shall be based upon an evaluation of on-site habitat or population inventories for each management unit. The harvest quota for a management unit shall be based on the best estimate of the number of alligators that can be removed from the unit without long-term adverse impacts on population levels.

(2) Harvest permit issuance:

(a) Harvest permits may be applied for through the Commission’s online licensing system at designated times and dates each year by:

Paying for an alligator trapping license, unless exempt, as specified by Section 379.3751, F.S., and $10 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits, or
Providing evidence of possession of an alligator trapping license valid through the last day of the designated harvest season, or a current-year harvest permit, and paying $30 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits.

(b) Applicants for a harvest permit shall:

Be 18 years of age or older by August 15 in the current application year.
Not have been convicted of any violation of Section 379.409 or 379.3015, F.S., or rules of the Commission relating to the illegal taking of any crocodilian species:

a. For a period of five (5) years preceding the date of application, or

b. For a period of ten (10) years preceding the date of application if such conviction involved the taking of an endangered crocodilian species.

(d) CITES tags shall be issued with each harvest permit, and harvest tags bearing the letters “MER” shall also be issued with harvest permits for management units for which the best available scientific data indicates the average mercury concentrations in alligators therein exceeds the Federal limit for legal sale of the meat.

(e) Harvest permits shall be valid only for the management unit and harvest period indicated thereon, and harvest permits and their associated harvest tags, if issued, and CITES tags are not transferable.

(f) The number of harvest permits issued per person shall be determined by the executive director or his designee.

(3) Alligator trapping requirements:

(a) Alligators may only be taken in accordance with the provisions of the harvest permit.

(b) While taking or attempting to take alligators, the permittee must have in their possession, and readily available for inspection:

Proof of their valid alligator trapping license or exemption from such license pursuant to section 379.3751, F.S.
Proof of a signed copy of their valid Commission issued alligator harvest permit.
Unused Commission issued CITES tag(s) corresponding to their valid alligator harvest permit.

(c) Alligators may be taken during the following harvest periods as specified in the harvest permit. Harvest periods shall be September 12 through November 1, and either August 15 through August 21, or August 22 through August 28, or August 29 through September 4, or September 5 through September 11. Exceptions to the times and harvest periods may be specified in the harvest permit.

(d) Only non-hatchling alligators may be taken.

(e) Legal methods to take:

Alligators captured using the following methods must be released or killed immediately.

a. Hand-held catch poles or other devices that have an adjustable catch loop.

b. Snatch hooks.

Alligators captured using the following methods must be killed immediately.

a. Artificial lures or baited wooden pegs less than two (2) inches in length attached to hand-held restraining lines or restraining lines attached to a vessel occupied by the permittee.

b. Harpoons, gigs, and manually operated spears attached to restraining lines,

c. Spearguns, pre-charged pneumatic air guns firing an arrow (airbows), crossbows and bows with projectiles fired from such devices being attached to restraining lines.

The use of baited hooks, gig-equipped bang sticks, or firearms for taking alligators is prohibited except that bang sticks are allowed for taking alligators attached to a restraining line.
Not withstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with these methods of take.

(f) Any persons assisting the permittee in the taking of alligators as provided herein shall possess an alligator trapping license or alligator trapping agent’s license, unless exempt from such license(s), in accordance with the provisions of Section 379.3751, F.S., and may engage in such assistance only while in the presence of the permittee. However, for the purposes of this provision, the taking of alligators does not include the activities of driving the vessel or the use of a light.

(g) Alligators may only be taken in the area specified in the harvest permit.

(h) Immediately upon killing, a CITES tag issued by the Commission and a harvest tag, if issued, shall be locked through the skin of the carcass within six (6) inches of the tip of the tail. The CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. The harvest tag, if issued, shall remain attached to the alligator until processing. CITES tags may not be altered to compromise the locking mechanism in any way and shall be used only one time. The possession of any alligator hide not tagged as prescribed herein is prohibited, and such hide shall be subject to seizure and forfeiture to the Commission under the provisions of Section 379.338, F.S.

(i) Within 24 hours of taking each alligator, and prior to the transfer of the carcass to another person, the permittee must complete and submit harvest information through the Commission’s harvest reporting system in accordance with FWC Form 1001AT, Alligator Harvest Report Form, effective February 2026, incorporated by reference in paragraph 68A-25.032(2)(h), F.A.C. A printed or electronic record generated through the Commission’s harvest reporting system shall accompany the carcass until final disposition, unless otherwise provided in this Title.

When access to the Commission’s harvest reporting system is not available prior to the transfer of the carcass, the transfer shall be recorded in a temporary harvest transfer log which must accompany the carcass until the harvest information is reported as required.
The temporary harvest transfer log shall include: the permittee’s legal name; CITES tag number; date of harvest; county and water body where harvested; total length of the alligator in feet and inches; date and time of transfer; and legal name of the receiving party.

(j) Tags issued under this section shall remain the property of the Commission until affixed as provided herein. Tags issued pursuant to this section may be possessed only by the permittee or persons provided for in paragraph (3)(f), above, prior to use. The permittee shall be strictly liable in ensuring that possession of unused tags is limited to persons authorized under this rule.

(k) All unused CITES tags shall be returned by the permittee to the Commission no later than 14 days after the expiration date of the harvest permit. It shall be a violation of this section for any person to possess any unused CITES tag(s) issued pursuant to this section 14 days after the expiration date of the harvest permit. Harvest permits may be denied, pursuant to Rule 68-1.010, F.A.C., to applicants who have previously failed to return unused tags and complete forms as specified herein.

(4) Alligator processing and sale of parts.

(a) Alligator meat not discarded shall be processed or sold in accordance with Rule 68A-25.052, F.A.C.

(b) Commission personnel shall be granted access to collect biological data on and specimens from any alligators taken under the provisions of this rule, provided that specimens shall only be taken when necessary for the management of the species.

(5) Nothing herein shall prohibit the executive director from establishing special restrictions or exemptions from this rule for the purpose of conducting experimental alligator harvests on designated areas pursuant to Rule 68A-9.002, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3751, 379.3752 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-14-92, 4-29-93, 7-1-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.042, Amended 4-30-00, 5-13-02, 4-11-04, 3-30-06, 3-19-08, 3-12-09, 7-20-09, 7-20-11, 3-24-13, 8-19-14, 2-1-16, 6-14-22, 7-9-26.

Fla. Admin. Code R. 68A-25.047 Regulations Governing the Harvest of Alligators on Special-opportunity Alligator Hunt Areas

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-1-97, Amended 4-12-98, 4-15-99, Formerly 39-25.047, Repealed 4-30-00.

Fla. Admin. Code R. 68A-25.049 Regulations Governing Special-Use Alligator Harvests

No person shall take non-hatchling alligators from the wild except as provided herein and under other applicable rules of the Commission.

(1) Establishment of special-use alligator harvest areas and permit quotas:

(a) Alligator management units established pursuant to paragraph 68A-25.042(1)(a), F.A.C.

(b) The number of special-use alligator harvest permits issued shall be established by the executive director, or his/her designee, and shall minimize the chance of overharvest using the following criteria:

Remaining quota from the previous statewide alligator harvest season, pursuant to paragraph 68A-25.042(1)(b), F.A.C.
Overall alligator hunter satisfaction among permittees of this Rule and Rule 68A-25.042, F.A.C.
Impacts of alligator harvests under this Rule.

(2) Application, Selection, and Issuance of Special-Use Alligator Harvest permits:

(a) Harvest permits may be applied for through the Commission’s online licensing system at designated times and dates each year set by posting on the agency’s website.

Upon application, each applicant must pay a non-refundable application fee and must agree to pay a permit fee, if any, as established by paragraph 68A-9.007(2)(c), F.A.C., for the issuance of a special-use alligator harvest permit should the applicant be awarded a permit.
No applicant is exempt from paying the special-use alligator harvest permit application or permit fees.
Applicants may submit more than one application for a special-use alligator harvest permit.
Permits shall be limited to one special-use alligator harvest permit per person, per the harvest season specified in paragraph (3)(d) below.
Applicants for a special-use alligator harvest permit shall:

a. Be 18 years of age or older by August 15 in the current application year.

b. Have not been convicted of, or received a disposition other than acquittal or dismissal for any violation of Section 379.409 or 379.3015, F.S., or rules of the Commission relating to the illegal taking of any crocodilian species:

(I) For a period of five (5) years preceding the date of application, or

(II) For a period of ten (10) years preceding the date of application if such conviction involved the taking of an endangered crocodilian species.

c. Have submitted all harvests to the Commission or returned the unused CITES tag for any special-use alligator harvest permit issued to the applicant prior to the current application year in accordance with paragraphs (3)(j) or (l) below.

Applicants awarded a permit shall:

a. Purchase an alligator trapping license, unless exempt, as specified by Section 379.3751, F.S., and CITES tag for $10, pursuant to Section 379.3752, F.S., issued with a special-use alligator harvest permit, or

b. Provide evidence of possession of an alligator trapping license valid through the last day of the designated harvest season specified in paragraph (3)(d) below, and pay $30 for the CITES tag, pursuant to Section 379.3752, F.S., issued with a special-use alligator harvest permit.

(b) Special-use alligator harvest permits shall be issued upon determination that the applicant meets the requirements of this subsection.

(c) Special-use alligator harvest permits shall be valid for use on any alligator management unit established pursuant to paragraph (1)(a), above, or private land where permission has been granted; alligator harvest under this Rule is not permitted on any private land permitted pursuant to Rule 68A-25.032, F.A.C.

(d) Special-use alligator harvest permits and their associated harvest tags, supplied by the Commission, are not transferable.

(e) Two (2) CITES tags shall be issued with each special-use alligator harvest permit.

(f) Two (2) harvest tags bearing the word “MERCURY” shall also be issued with each special-use alligator harvest permit. These tags are to be used on alligators harvested from alligator management units established pursuant to paragraph (1)(a), above, for which the best available scientific data indicates the average mercury concentrations in alligators therein exceeds the Federal limit for legal sale of the meat.

(3) Alligator trapping requirements:

(a) Only those persons licensed as required by Section 379.3751, F.S., with a special-use alligator harvest permit and issued tags per (2)(e) and (f), if applicable, above, may take alligators under this section.

(b) Alligators may only be taken in accordance with the provisions of the special-use alligator harvest permit.

(c) While taking or attempting to take alligators, the permittee must have in their possession, and readily available for inspection:

Proof of their valid alligator trapping license or exemption from such license pursuant to Section 379.3751, F.S.
Proof of a signed copy of their valid Commission issued alligator harvest permit.
Unused Commission issued CITES tag(s) corresponding to their valid alligator harvest permit.

(d) Alligators may be taken from August 15 through December 31, except as otherwise may be provided in the permit and this rule.

(e) Only non-hatchling alligators may be taken.

(f) Legal methods to take:

Alligators captured using the following methods must be released or killed immediately.

a. Hand-held catch poles or other devices that have an adjustable catch loop.

b. Snatch hooks.

Alligators captured using the following methods must be killed immediately.

a. Artificial lures or baited wooden pegs less than two (2) inches in length attached to hand-held restraining lines or restraining lines attached to a vessel occupied by the permittee.

b. Harpoons, gigs, and manually operated spears attached to restraining lines,

c. Spearguns, pre-charged pneumatic air guns firing an arrow (airbows), crossbows and bows with projectiles fired from such devices being attached to restraining lines.

The use of baited hooks, gig-equipped bang sticks, or firearms for taking alligators is prohibited except that bang sticks are allowed for taking alligators attached to a restraining line.
Notwithstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with the permissible methods of take.

(g) Any persons assisting the permittee in the taking of alligators as provided herein shall possess an alligator trapping license or alligator trapping agent’s license, unless exempt from such license(s), in accordance with the provisions of Section 379.3751, F.S., and may engage in such assistance only while in the presence of the permittee. However, for the purposes of this provision, the taking of alligators does not include the activities of driving the vessel or the use of a light.

(h) Alligators may only be taken in the alligator management units established pursuant to paragraph (1)(a), above, as specified in the special-use alligator harvest permit.

(i) Immediately upon killing, the issued tags per paragraphs (2)(e) and (f), if applicable, above, shall be locked through the skin of the carcass within six (6) inches of the tip of the tail. The possession of any alligator hides not tagged as prescribed herein is prohibited, and such hides shall be subject to seizure and forfeiture to the Commission under the provisions of Section 379.338, F.S.

The CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. The CITES tag may not be altered to compromise the locking mechanism in any way and shall be used only one time.
If the alligator is harvested in an alligator management unit established pursuant to paragraph (1)(a), above, for which the best available scientific data indicates the average mercury concentrations in alligators therein exceeds the Federal limit for legal sale of the meat, the harvest tag bearing the word “MERCURY”, shall remain attached to the alligator until processing. Alligators harvested from any other alligator management units established pursuant to paragraph (1)(a), above, are not required to be tagged with a tag bearing the word “MERCURY”.

(j) Within 24 hours of taking each alligator, and prior to the transfer of the carcass to another person, the permittee must complete and submit harvest information through the Commission’s harvest reporting system in accordance with FWC Form 1001AT, Alligator Harvest Report Form, effective February 2026, incorporated by reference in paragraph 68A-25.032(2)(h), F.A.C. A printed or electronic record generated through the Commission’s harvest reporting system shall accompany the carcass until final disposition, unless otherwise provided in this Title.

When access to the Commission’s harvest reporting system is not available prior to the transfer of the carcass, the transfer shall be recorded in a temporary harvest transfer log which must accompany the carcass until the harvest information is reported as required.
The temporary harvest transfer log shall include: the permittee’s legal name; CITES tag number; date of harvest; county and water body where harvested; total length of the alligator in feet and inches; date and time of transfer; and legal name of the receiving party.

(k) Any CITES tag issued under this rule shall remain the property of the Commission until affixed as provided herein. A CITES tag issued pursuant to this rule may be possessed only by the permittee or persons provided for in paragraph (3)(g), above, prior to use. The permittee shall be strictly liable in ensuring that possession of an unused CITES tag is limited to persons authorized under this rule.

(l) Any unused CITES tags shall be returned by the permittee to the Commission no later than 14 days after the expiration date of the harvest permit. It shall be a violation of this section for any person to possess any unused CITES tags issued pursuant to this section 14 days after the expiration date of the harvest permit. Harvest permits may be denied, pursuant to Rule 68-1.010, F.A.C., to applicants who have previously failed to return unused CITES tags and complete forms as specified herein.

(4) Alligator processing and sale of parts.

(a) Alligator meat not discarded shall be processed or sold in accordance with Rule 68A-25.052, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., History – New 5-8-24, Amended 7-9-26.

Fla. Admin. Code R. 68A-25.052 Regulations Governing the Processing of Alligators and Sale of Alligator Meat, Carcasses, and Parts

(1) Definitions:

(a) Alligator meat – raw boned white meat or dark meat; skinned, whole alligator carcasses; and skinned alligator carcass parts (bone-in legs, “wings,” ribs, and tails), not to include alligator hide.

(b) Process – skinning or butchering an alligator, or packaging the alligator meat or other parts.

(2) Alligator meat from legally acquired alligators that is not discarded and not processed for sale by a permitted alligator processing facility, or not prepared for immediate consumption shall be packaged and labeled to include “NOT FOR SALE,” the CITES tag number(s) and corresponding license holder’s name in permanent ink.

(a) Alligator meat not for sale is not required to be processed in a permitted alligator processing facility.

(b) Legally harvested alligators may be processed by anyone in lawful possession of the carcass.

(3) Alligator meat from alligators that have harvest tags affixed bearing the word “MERCURY” may not be sold for human consumption. If the meat is not discarded, the packaging shall be permanently and visibly labeled “NOT FOR SALE, Recommend: NOT FOR HUMAN CONSUMPTION” in addition to the labeling requirements of subsection (2) or (7) of this rule, as applicable.

(4) Alligator meat may only be sold if legally imported as provided in subsection (9), below, or if processed in a permitted alligator processing facility and packaged in the same facility as provided in subsection (7), below.

(5) Alligator processing facilities may be established and operated only under permit from the executive director and shall be licensed as required by Section 379.3751, F.S. The criteria for issuance of an alligator processing facility permit are as follows:

(a) Persons may indicate their intent to establish an alligator processing facility when submitting their alligator trapping, alligator farming, or alligator processing license application. If already licensed under Section 379.3751, F.S., they may submit a written request for an alligator processing facility permit to the Commission at least 30 days prior to the proposed date of operation. Such application or written request shall include a copy of the current food permit from the Department of Agriculture and Consumer Services for the proposed facility.

(b) The executive director shall not issue an alligator processing facility permit or shall revoke said permit for any person who has been convicted of any violation of Section 379.409 or 379.3015, F.S., or the rules of the Commission relating to the illegal taking of any crocodilian species:

For five (5) years following such conviction, or
For ten (10) years following, if such conviction involves the taking of an endangered crocodilian species.

(6) Provisions for the operation of alligator processing facilities:

(a) Alligator processing facility permittees and their designated employees as provided by permit may receive and possess legally acquired, unskinned alligator carcasses and alligator meat. The unskinned alligator carcasses must have attached the CITES tag and, if applicable, the harvest tag bearing the word “MERCURY” for processing.

(b) For alligators taken pursuant to Rules 68A-25.003, 68A-25.032, 68A-25.042, and 68A-25.049, F.A.C., a harvest record generated through the Commission’s harvest reporting system, in accordance with FWC form 1001AT (Alligator Harvest Report Form, as referenced in paragraph 68A-25.032(2)(h), F.A.C.), or a temporary harvest transfer log, shall be signed and dated upon receipt of the harvested alligator. The harvest record shall accompany the carcass until processed and shall be further completed upon processing to indicate the carcass disposition; sex, if known; and amount of alligator meat packaged. The harvest record shall be signed and dated once processing has been completed.

(c) Written records of the number, source, CITES tag number(s), and disposition of all unskinned alligator carcasses and alligator meat received, bought, sold, or transferred, including copies of corresponding completed harvest records, shall be maintained for a period of one year following sale, transfer, or disposal of the carcass, meat, hides, or parts thereof.

(d) Commission personnel shall be granted access to any permitted facility to collect biological specimens from and data on any alligators possessed under this subsection, provided that specimens shall only be collected when necessary for the management of the species.

(e) Processing and storage facilities and all Commission required records shall be subject to inspection by Commission personnel during reasonable hours.

(f) For alligator carcass parts not meeting the definition of alligator meat as specified in paragraph (1)(a), above, written records, including a description, number, source, CITES tag number(s), and disposition, of those parts that are received, bought, sold, or transferred, including copies of corresponding completed harvest records, shall be maintained for a period of one year following sale, transfer, or disposal. These parts include, but are not limited to, alligator heads and feet.

(7) Packaging and labeling requirements for permitted alligator processing facilities:

(a) All alligator meat that has been processed or re-processed for sale shall be packaged in a tamper-evident package. Each package shall be permanently labeled to indicate:

The name and license number of the processor that processed the alligator(s);
The corresponding CITES tag number(s) from the alligator(s) from which the meat was taken;
The date packaged;
The number of pounds of meat enclosed;
A description of the contents that includes the type(s) of meat and number of pieces, if other than boned white or dark meat; and
The total weight of the package at time of final packaging.

(b) Each package and label shall be used only one time.

(c) Notwithstanding the packaging requirements detailed in subparagraph (7)(a)2., above, a unique lot number can be used on the label of each package in lieu of a CITES tag number(s) for a given day of processing. A record of the CITES tag number(s) associated with each unique lot number must be maintained by the alligator processing facility permittee for a period of one year following the sale, transfer, or disposal of all packaged products associated with a given unique lot number.

(8) Provisions for the sale, transfer, and purchase of alligator meat:

(a) Written records of all sales, transfers, and purchases, with the exception of retail sales to the customer, shall be maintained for a period of one year following sale, and shall include the name of the seller and buyer, date of sale, and amount sold. Such records shall be open to inspection by Commission personnel during reasonable hours.

(b) All alligator meat shall remain in the original package until re-processed or prepared for consumption.

(c) Packages containing lawfully acquired alligator meat packaged and labeled in accordance with this rule may be shipped or transferred in intrastate or interstate commerce.

(9) Provisions for the importation of alligator meat to Florida:

(a) Imported alligator meat shall be acquired and processed in accordance with the applicable health and sanitation requirements and laws of the state of origin.

(b) Imported alligator meat shall be shipped in a tamper-evident package. Each package shall be permanently labeled to indicate:

The state/country of origin;
The name and license number, if required by the state/country of origin, of the processor who processed the alligator(s);
The corresponding CITES tag number(s) from the alligator(s) from which the meat was taken;
The date packaged;
The number of pounds of meat enclosed;
A description of the contents that includes the type(s) of meat and number of pieces, if other than boned white or dark meat; and
The total weight of the package at time of shipping.

(10) Provisions for cutting raw alligator hides into pieces:

(a) Only the following persons who possess legally-acquired, untanned alligator hides with CITES tags affixed may cut those hides into pieces:

Persons licensed pursuant to Section 379.3751, F.S., as alligator farmers and their licensed alligator farming agents;
Persons licensed pursuant to Section 379.3751, F.S., as alligator meat processors and their employees; and
Persons licensed pursuant to Section 379.364, F.S., as alligator hide buyers and their employees.

(b) Whole hides may be cut into a maximum of four (4) pieces for further processing.

For hides resulting from belly-skinned alligators (i.e., whole hides that have the belly portion intact), the hide may be cut into either two (2) flanks or chaleco, as well as belly, and tail, hereinafter referred to as “hide piece(s).” All remaining portions of the originating hide shall be destroyed.
For hides resulting from hornback-skinned alligators (i.e., whole hides that have been cut through the middle of the belly portion), the hide may be cut into either two (2) flanks (each including a portion of the belly) or chaleco, as well as tail, and back, hereinafter referred to as “hide piece(s).” All remaining portions of the originating hide shall be destroyed.

The licensed alligator farmer, alligator meat processor, or alligator hide buyer shall provide the Commission with at least a 48-hour notice of intent to cut a CITES-tagged hide(s) into pieces indicating the date when the hide(s) will be cut. The hide cutting process may occur for up to two (2) days under the notice of intent. Any additional days needed to complete the hide cutting process shall proceed only after obtaining prior written approval from the Commission.
Only tamperproof tags approved by the Commission and supplied by the licensed alligator farmer, alligator meat processor, or alligator hide buyer for affixing to hide pieces may be used for tagging hide pieces, with each such tag bearing the name of the licensed alligator farmer, alligator meat processor, or alligator hide buyer, a unique, non-repeating serial number, and the word “Florida” or the letters “FL”.
Each hide piece, once cut, shall immediately have affixed thereto a tag as prescribed in subparagraph 8(c)2., above, and the tag’s serial number recorded in association with the originating hide’s CITES tag number and the type of hide piece cut (flank, belly, tail, back, or chaleco). Each chaleco hide piece shall have a Commission-approved tamperproof tag affixed on each flank. Each tail hide piece shall retain affixed thereto the CITES tag of the originating hide. A CITES tag or Commission-approved tamperproof tag shall remain affixed to the hide piece until the hide piece is destroyed, tanned, taxidermy mounted, or exported from the state.
All documentation required by subparagraph 8(c)3., above, shall be provided to the Commission within seven (7) days of completion of the hide cutting process.

(d) For alligator hide pieces that are intended for exporting from the United States, the following shall apply.

The licensed alligator farmer, alligator meat processor, or alligator hide buyer shall provide the Commission with at least a 14-day notice of intent to cut a CITES-tagged hide(s) into pieces indicating the date when the hide(s) will be cut and the number of pieces the hide(s) will be cut. The hide cutting process may occur for up to two (2) days under the notice of intent. Any additional days needed to complete the hide cutting process shall proceed only after obtaining prior written approval from the Commission.
The Commission shall issue the licensed alligator farmer, alligator meat processor, or alligator hide buyer the corresponding number of CITES tags equal to the number of hide pieces indicated on the notice of intent.
Each hide piece, once cut, shall immediately have affixed thereto a CITES tag provided pursuant to subparagraph 8(d)2., above, and the tag’s serial number recorded in association with the originating hide’s CITES tag number and the type of hide piece cut (flank, belly, tail, back, or chaleco). Each chaleco hide piece shall have a Commission-issued CITES tag affixed on each flank. A CITES tag shall remain affixed to the hide piece until the hide piece is destroyed, tanned, taxidermy mounted, or exported from the state.

The Commission-provided CITES tag shall remain affixed to the hide piece until the hide piece is tanned, taxidermy mounted, or exported from the state.

All documentation in compliance with subparagraph 8(d)3., above, shall be provided to the Commission within seven (7) days of completion of the hide cutting process along with any issued CITES tags that were not used.
Each tail or back hide piece shall be packaged as follows:

a. Packed in a transparent, sealed container.

b. Each container must be clearly marked with a non-reusable parts tag or label that includes all of the following information: a description of the contents, the total weight (contents and container), the number of the CITES tag from the originating hide and the US-CITES logo, the letters “FL”, a unique serial number, and the U.S. Fish and Wildlife Service species code “MIS.”

(e) Written records of the number, source, and disposition of all alligator hide pieces produced under this Rule that are retained, bought, sold, received, or transferred by licensed alligator farmers, alligator meat processors, or alligator hide buyers shall be maintained for a period of one year.

(11) The feet, viscera, head, or skeletal parts of lawfully acquired alligators may be retained or transferred provided that all transfers, with the exception of retail sales to the consumer, shall be documented in writing to indicate the kind and quantity of items and date transferred and the name and address of each recipient, and such records shall be maintained for a period of one year.

(12) Manufactured goods wholly or partly composed of alligator hide, organs, teeth, or skull, or other skeletal material may only be sold in accordance with provisions of Rule 68A-25.002, F.A.C.

(13) These requirements shall not be construed to supersede the regulatory authority of any federal, state or local entity regarding the processing or handling of food products, but shall be deemed supplemental thereto. Alligators processed hereunder shall be handled and processed in compliance with all applicable sanitation and permit requirements of the Florida Department of Agriculture and Consumer Services, the county health department of the county in which the facility is located, and any other federal, state, or local authorities.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3012, 379.3751 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-1-96, 9-15-96, 6-1-97, 4-12-98, 4-15-99, Formerly 39-25.052, Amended 4-30-00, 3-30-06, 9-13-20, 7-16-23, 4-24-24, 7-9-26.

Chapter 68A-26 RULES RELATING TO AMPHIBIANS

Fla. Admin. Code R. 68A-26.002 Regulations Relating to the Taking of Amphibians

For amphibians not listed in Chapter 68A-27, F.A.C., the following restrictions control the take or possession:

(1) None of the following species shall be taken, transported, stored, served, bought, sold or possessed in any manner at any time except as authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C., or as authorized in Commission approved guidelines: gopher frog, Lithobates capito; Pine Barrens treefrog, Hyla andersonii. The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links: Gopher frog, Lithobates capito, effective July 2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12170); Pine Barrens treefrog, Hyla andersonii, effective December 2019 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11503).

(2) Other frogs may be taken by gigs, clubs, blow guns, hook and line, air guns, firearms or manually. Frogs may be taken throughout the year including non-daylight hours except that they may only be taken by firearm during daylight hours.

(3) Amphibians other than frogs may be taken throughout the year in any manner not conflicting with other provisions of these rules and regulations except that when seines, nets or traps are used, the provisions of Chapter 68A-23, F.A.C., relating to the taking of bait minnows and other freshwater fish shall apply.

(4) Any person taking for sale or selling frogs shall be licensed as provided by Section 379.363, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-26.02, 39-26.002, Amended 3-25-12, 1-11-17, 7-1-18, 2-17-20, 11-2-20.

Chapter 68A-27 RULES RELATING TO ENDANGERED OR THREATENED SPECIES

Fla. Admin. Code R. 68A-27.0001 Purpose and Intent

(1) The purpose and intent of this rule chapter, in concert with an objective that lawful nature-based recreational activities may be managed to be compatible with such species protection measures, is to conserve or improve the status of endangered and threatened species in Florida to effectively reduce the risk of extinction through the use of a science-informed process that is objective and quantifiable, that accurately identifies endangered and threatened species that are in need of special actions to prevent further imperilment, that identifies a framework for developing management strategies and interventions to reduce threats causing imperilment, and that will prevent species from being threatened to such an extent that they become regulated and managed under the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §1531 et seq.

(2) The Commission shall include in its annual work plan the Florida Endangered and Threatened species it will focus on in the next fiscal year. Work shall include but not be limited to species evaluation requests, management plan development and implementation, and other conservation actions.

(3) This rule chapter is not intended to preclude lawful hunting, fishing or other nature-based recreational uses, even if those activities result in the mere annoyance or disturbance of Florida Endangered or Threatened Species, when such uses are conducted in a manner that does not constitute take as defined in Rule 68A-27.001, F.A.C.

(4) The Commission does not intend to prohibit actions taken on an emergency basis necessary to address public safety.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-8-10, Amended 11-14-11.

Fla. Admin. Code R. 68A-27.001 Definitions

When used in this rule chapter, the terms and phrases listed below have the meaning provided:

(1) Florida Endangered and Threatened Species – species that are designated by Commission rule as either:

(a) Federally-designated Endangered and Threatened species as defined below, or

(b) State-designated Threatened species as defined below. Florida Endangered and Threatened species retain their status regardless of subsequent changes in scientific nomenclature or subsequent identification of species or subspecies within the species listed.

(2) Federally-designated Endangered and Threatened Species – species of fish or wild animal life, subspecies or isolated populations of species or subspecies, whether vertebrate or invertebrate, that are native to Florida and are classified as Endangered and Threatened under Commission rule by virtue of designation by the United States Departments of Interior or Commerce as endangered or threatened under the Federal Endangered Species Act, 16 U.S.C. §1531 et seq. and rules thereto; the definition of Federally-designated Endangered and Threatened Species does not include species that are not within the Commission’s constitutional authority.

(3) State-designated Threatened Species – As designated by the Commission, species of fish or wild animal life, subspecies, or isolated population of a species or subspecies, whether vertebrate or invertebrate, that are native to Florida and are classified as Threatened as determined by paragraph (a), (b), (c), (d), or (e) below, in accordance with Rule 68A-27.0012, F.A.C. The designation of a species as threatened shall include all subspecies unless stated otherwise in Commission rule.

(a) Reduction in population size based on any of the following:

An observed, estimated, inferred or suspected population size reduction of at least 50% over the last 10 years or three generations, whichever is the longer, where the causes of the reduction are: clearly reversible and understood and ceased, based on (and specifying) any of the following:

a. Direct observation,

b. An index of abundance appropriate to the taxon,

c. A decline in area of occupancy, extent of occurrence and/or quality of habitat,

d. Actual or potential levels of exploitation,

e. The effects of introduced taxa, hybridization, pathogens, pollutants, competitors or parasites.

An observed, estimated, inferred or suspected population size reduction of at least 30% over the last 10 years or three generations, whichever is the longer, where the reduction or its causes may not have ceased or may not be understood or may not be reversible, based on (and specifying) any of sub-subparagraphs (a)1.a. to (a)1.e. above.
A population size reduction of at least 30%, projected or suspected to be met within the next 10 years or three generations, whichever is the longer (up to a maximum of 100 years), based on (and specifying) any of sub-subparagraphs (a)1.b. to (a)1.e. above.
An observed, estimated, inferred, projected or suspected population size reduction of at least 30% over any 10 year or three generation period, whichever is longer (up to a maximum of 100 years in the future), where the time period must include both the past and the future, and where the reduction or its causes may not have ceased or may not be understood or may not be reversible, based on (and specifying) any of sub-subparagraphs (a)1.a. to (a)1.e. above.

(b) Geographic range in the form of either subparagraph (b)1., extent of occurrence or subparagraph (b)2., area of occupancy or both:

Extent of occurrence estimated to be less than 20,000 square kilometers (7,722 square miles), and estimates indicating at least two of sub-subparagraphs a.-c.:

a. Severely fragmented or known to exist at no more than 10 locations.

b. Continuing decline, observed, inferred or projected, in any of the following:

(I) Extent of occurrence,

(II) Area of occupancy,

(III) Area, extent and/or quality of habitat,

(IV) Number of locations or subpopulations,

(V) Number of mature individuals.

c. Extreme fluctuations in any of the following:

(I) Extent of occurrence,

(II) Area of occupancy,

(III) Number of locations or subpopulations,

(IV) Number of mature individuals.

Area of occupancy estimated to be less than 2,000 square kilometers (772 square miles), and estimates indicating at least two of sub-subparagraphs a.-c.:

a. Severely fragmented or known to exist at no more than 10 locations.

b. Continuing decline, observed, inferred or projected, in any of the following:

(I) Extent of occurrence,

(II) Area of occupancy,

(III) Area, extent and/or quality of habitat,

(IV) Number of locations or subpopulations,

(V) Number of mature individuals.

c. Extreme fluctuations in any of the following:

(I) Extent of occurrence,

(II) Area of occupancy,

(III) Number of locations or subpopulations,

(IV) Number of mature individuals.

An estimated continuing decline of at least 10% within 10 years or three generations, whichever is longer, (up to a maximum of 100 years in the future), or
A continuing decline, observed, projected, or inferred, in numbers of mature individuals and at least one of the following (sub-subparagraphs a.-b.):

a. Population structure in the form of one of the following:

(I) No subpopulation estimated to contain more than 1000 mature individuals, or

(II) All mature individuals are in one subpopulation.

b. Extreme fluctuations in number of mature individuals.

(d) Population very small or restricted in the form of either of the following:

Population size estimated to number fewer than 1000 mature individuals.
Population with a very restricted area of occupancy (typically less than 20 square kilometers [8 square miles]) or number of locations (typically five or fewer) such that it is prone to the effects of human activities or stochastic events within a very short time period in an uncertain future, and is thus capable of becoming endangered or threatened or even extinct in a very short time period.

(e) Quantitative analysis showing the probability of extinction in the wild is at least 10% within 100 years.

(4) Take – to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. The term “harm” in the definition of take means an act which actually kills or injures fish or wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. The term “harass” in the definition of take means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering.

(5) Incidental take – any taking otherwise prohibited, if such taking is incidental to, and not the purpose of the carrying out of an otherwise lawful activity.

(6) Management plan – a document approved by the Commission with the purpose of providing guidance for the management of the species. The intent of management plans is to provide guidance to conserve species so that their status improves and the species can be removed from the Florida Endangered and Threatened Species list as well as to provide guidance to conserve the species so that they will not again need to be listed. It may be a comprehensive, single-species management plan; a multi-species plan; a document referencing applicable rules; or a document referencing a federal recovery plan that will be used for guidance in the management of the species. The management plan shall address biological status; identify measurable conservation objectives, including a time frame; identify any exempt activities if appropriate; identify conservation actions; identify incentives if appropriate; recommend rules for species if warranted; identify permitting standards for incidental and intentional take to be established in rule; consider and evaluate anticipated economic, ecological, and social impacts of implementing or not implementing the management plan including a projection of costs of implementing the management plan and identification of the funding sources for the costs as determined through involvement of affected stakeholders and public input; and include a revision schedule.

(7) Native – a species, subspecies or isolated populations of species or subspecies that occur naturally in Florida or that has been reintroduced into its historic range, rather than occurring in Florida as a result of accidental or deliberate introduction by humans.

(8) Candidate species – A species of fish or wild animal life, subspecies, or isolated populations of species or subspecies, whether invertebrate or vertebrate, that the Commission has determined warrants listing as a State-designated Threatened Species in accordance with Rule 68A-27.0012, F.A.C., and is awaiting final Commission action to be added to the list of Florida Endangered and Threatened Species in Rule 68A-27.003, F.A.C.

(9) Isolated population – A significant and discrete population of a species or subspecies of fish or wild animal life that is reproductively separated from other populations of the same species or subspecies as a consequence of physical, ecological, or other factors.

(10) Data deficient – the condition where a species was evaluated and found to have insufficient scientific and commercial data to recommend a listing status for the species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-8-10, Amended 11-14-11.

Fla. Admin. Code R. 68A-27.0011 Killing Endangered Species

No person shall intentionally kill, attempt to kill or wound any species that is both designated in Rule 68A-27.003, F.A.C., and designated in 50 C.F.R. 17.11 as endangered.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-84, Formerly 39-27.011, Amended 4-13-88, Formerly 39-27.0011, Amended 11-8-10.

Fla. Admin. Code R. 68A-27.0012 Procedures for Listing and Removing Species from Florida’s Endangered and Threatened Species List

(1) Federally-designated Endangered and Threatened Species. Species which are native to Florida and which are designated as Endangered or Threatened under the Federal Endangered Species Act (ESA), 16 U.S.C. §1531 et seq. and rules thereto will be listed by the Commission as a Florida Endangered and Threatened Species by virtue of the federal designation. If a species native to Florida is added or reclassified under the ESA, and is a species within the Commission’s constitutional authority, the species shall be so listed or reclassified in the Florida Endangered and Threatened Species rule pursuant to the notice provisions of Section 120.54(6), F.S., relating to adoption of federal standards. Before species that have been removed from the ESA are removed from the Florida Endangered and Threatened Species rule, they shall receive a biological status review according to subparagraph (2)(c)2., to determine if the species warrants listing as a state-designated species. Prior to any species being removed from the Florida Endangered and Threatened Species list, the Commission shall develop a management plan that is intended to maintain or enhance the conservation of that species.

(2) State-designated Threatened Species.

(a) Except as provided in subsection (1) above, these procedures shall not apply to:

Federally-designated Endangered and Threatened species,
Species not native to Florida,
Harvested species that are monitored through periodic stock assessments or other techniques and are the subject of any rule in Title 68, F.A.C., that allows harvest,
Species whose occurrence in Florida is only accidental,
Species that are not within the Commission’s constitutional authority.

(b) Requesting the evaluation of a species for listing or removal from the State-designated Threatened species list.

Persons requesting that the Commission list on or remove a species from the State-designated Threatened species list must submit a written species evaluation request to the Commission through the Division of Habitat and Species Conservation, Tallahassee, Florida. The Commission can also initiate species evaluation requests. Species evaluation requests shall be submitted from January 1 through June 30 and will be reviewed for completeness and considered for evaluation in the listing process from July 1 through September 30.
Species evaluation requests shall be clearly identified as such, and must contain the following in order to be considered complete:

a. The name, address, and signature of the person or persons submitting the request,

b. Scientific and common name of the species,

c. Sufficient information on the biology and distribution of the species to warrant investigation of its status using the criteria contained in the definition of a State-designated Threatened species. For listing requests, this information shall also include a biological score calculated according to the process initially described in Millsap, B. A., J. A. Gore, D. E. Runde, and S. I. Cerulean, Wildlife Monographs: Setting Priorities for the Conservation of Fish and Wildlife Species in Florida (Wildlife Monographs 111, July 1990, and as subsequently modified), the data, or references to data, and the score assigned for each biological variable used to determine the biological score. The information submitted with the request must include or reference the best scientific and commercial data available regarding the species.

Incomplete species evaluation requests, including requests which do not include or reference the best scientific and commercial data available, will be returned to the requestor with insufficiencies clearly noted in writing. Corrected species evaluation requests may be resubmitted for consideration outside the submission time period identified in subparagraph 1. above, if resubmitted within 30 days of being returned. Corrected species evaluation requests resubmitted more than 30 days after being returned must be submitted within the time period identified in subparagraph 1. above.
Complete species evaluation requests will be evaluated in accordance with the provisions in paragraph (2)(c), for listing or paragraph (3)(b), for removal from the list.
Emergency listing requests may be submitted at any time and, if in the opinion of the Executive Director, immediate designation of a species as a State-designated Threatened species is essential to prevent imminent extinction, such listing may be effected on a temporary basis by Executive Order; provided that the Executive Order shall be approved or terminated at the next regularly scheduled meeting of the Commission. Commission staff shall, within 365 days after the effective date of such approval, conduct the evaluations prescribed in paragraphs (2)(c), (d), and (e) of this rule, to determine if the species should be listed as State-designated Threatened. The Commission shall take final action on the listing at the next regularly scheduled meeting following the 365-day evaluation period.

Biological vulnerability screening – The Commission staff shall review the information used to determine the biological score submitted with the species evaluation request. Using that information, and all other available scientific and commercial information staff shall determine a final biological score for the species for the purpose of further reviewing the species evaluation request.

a. If the final biological score is greater than or equal to 27, then the species evaluation request will be further evaluated under subparagraph (c)2., Biological Status Review below.

b. If the final biological score is less than 19, then no further action will be taken on the request and the requester will be notified of the score.

c. If the final biological score is greater than or equal to 19 and less than 27, then staff shall review the submitted and other available information on population trend, population size, extent of occurrence, area of occupancy, and quantitative analyses to recommend to the Commission whether the species evaluation request will be further evaluated under subparagraph (c)2., Biological Status Review below or returned to the requestor with no further action taken.

d. If the data and analysis within a request demonstrate that the species would qualify for listing by meeting at least one of the listing criteria for a State-designated Threatened species in Rule 68A-27.001, F.A.C., regardless of the biological score, then the species evaluation request will be further evaluated under subparagraph (c)2., Biological Status Review below.

Biological Status Review.

a. The Commission shall establish an annual work plan for investigating species evaluation requests meeting the biological vulnerability screening threshold, which considers the Commission’s conservation priorities and available resources. The work plan shall establish a deadline for completion of each biological status review. Complete species evaluation requests meeting the biological vulnerability screening threshold not identified for staff action will be reconsidered each subsequent year.

b. The Commission staff shall provide notification to parties who request such notification and shall publish in the Florida Administrative Register a solicitation for information on the biological status of the species being evaluated. Written comments regarding biological status shall be accepted by the Commission for a period of no less than 45 days following public notice.

c. Commission staff shall recommend and the Commission shall designate a biological review group of scientists with demonstrated knowledge of species conservation and management that consists of an odd number of three to seven members. The biological review group shall use information provided in the species evaluation request, information obtained from the public, the definition of a State-designated Threatened species in Rule 68A-27.001, F.A.C., and the best available scientific and commercial biological data on the status of the species to determine if the species status meets the criteria for listing as a State-designated Threatened species. When assessing a species, this group shall follow the most recent versions of “Guidelines for Using the IUCN Red List Categories and Criteria” and “Guidelines for Application of IUCN Red List Criteria at Regional Levels” available at www.iucnredlist.org. The Commission staff shall present the group’s findings in a biological status report, and shall include a recommendation on whether or not the species status meets the criteria for listing as a State-designated Threatened species based on the IUCN guidelines and criteria in Rule 68A-27.001, F.A.C. In addition, the Staff may provide within the report a biologically-justified opinion that differs from the criteria-based finding.

d. Commission staff shall seek a minimum of three independent scientists to conduct reviews focused on the science used in the biological status report, including methodologies, data, analyses, and interpretations. Reviewers will be provided no less than 45 days to comment on the biological status report.

e. The Commission shall consider the biological status report, independent scientific reviews received, and public comments regarding the biological status in making a final determination whether listing a species is warranted.

f. The nongame work plan will include species that did not qualify as threatened in this section but were identified during the process as needing special attention to prevent future listing. This work plan will be used to set priorities for nongame management and conservation actions.

g. If a species is determined by the Commission to warrant listing, the Commission shall:

(I) Establish a deadline for developing a management plan for the species as described in paragraph (2)(d) below, considering the recommendation of staff and other interested parties.

(II) Add the species to the list of candidate species in Rule 68A-27.0021, F.A.C., and the protective provisions therein shall apply to the species.

(d) Developing management plans.

A management plan will be developed for species that the Commission has determined warrant listing before final action is taken to list the species.
Within 45 days following the meeting where the Commission determined that listing was warranted, the Commission shall provide notification to parties who request such notification and shall publish in the Florida Administrative Register a solicitation of information on the conservation needs of the species, and any economic and social factors that should be considered in its management. Written comments regarding conservation needs and economic and social factors to consider in creating the management plan shall be accepted by the Commission for a period of no less than 45 days following public notice.
The Commission staff shall use information obtained from the public and other available information to develop a draft management plan for each species that the Commission has determined warrants listing. The positive and negative social and economic impacts shall be considered in creation of the draft management plan.
The Commission staff shall provide notification to parties who request such notification and shall publish in the Florida Administrative Register a notice of the availability of the draft management plan. Written comments regarding conservation recommendations and expected economic and social impacts of implementation of the management plan shall be accepted by the Commission for a period of no less than 45 days following public notice.

(e) Final Commission action on the species evaluation request shall include:

Acceptance of the management plan.
Deletion of the species from the candidate species list in Rule 68A-27.0021, F.A.C., if appropriate, and changes to Rule 68A-27.003, F.A.C., in accordance with the determination made in paragraph (2)(c) of this rule.
Adoption of any proposed rules submitted in support of the management plan.

(3) Criteria for removal from the State-designated Threatened species list are as follows:

(a) Species listed as State-designated Threatened species as of the effective date of this rule: Management plans will be developed for the species listed in this rule and the species will be evaluated under the listing criteria in subsection 68A-27.001(3), F.A.C. After a biological status review is conducted and a management plan is approved, the Commission will decide whether a species should remain listed when the species is determined to be data deficient pursuant to the Guidelines for Using the IUCN Red List Categories and Criteria.

(b) All State-designated Threatened species listed after the effective date of this rule: Individuals may submit species evaluation requests for removing species from the list as described in the species evaluation request process in paragraph (2)(b). Species shall be removed from the State-designated Threatened species list if they do not meet any of the criteria in Rule 68A-27.001, F.A.C., in accordance with the Guidelines for Using the IUCN Red List Categories and Criteria.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-23-99, Formerly 39-27.0012, Amended 7-1-03, 5-26-05, 11-8-10, 11-14-11, 1-11-17.

Fla. Admin. Code R. 68A-27.002 Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.02, Amended 6-1-86, 5-10-87, 4-13-88, 4-11-90, 6-23-98, 6-23-99, Formerly 39-27.002, Amended 7-1-08, Repealed 7-27-10.

Fla. Admin. Code R. 68A-27.0021 Designation of Candidate Species; Prohibitions; Permits

(1) The species in subsection (3), are hereby declared to be candidate species for inclusion in Rule 68A-27.003, F.A.C.

(2) No person shall intentionally take any candidate species except as authorized by specific permit from the Executive Director.

(3) The following species are hereby declared to be candidate species: Birds: Wilson’s plover (Anarhynchus wilsonia). Amphibians: Holbrook’s southern dusky salamander (Desmognathus auriculatus). Fish: alligator gar (Atractosteus spatula), blackbanded sunfish (Enneacanthus chaetodon).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-23-99, Formerly 39-27.0021, Amended 4-30-00, 5-1-01, 11-8-10, 7-21-21, 1-30-23, 7-11-24, 10-22-25, 6-10-26.

Fla. Admin. Code R. 68A-27.003 Florida Endangered and Threatened Species List; Prohibitions

(1) Federally-designated Endangered and Threatened species:

(a) No person shall take, possess, or sell any of the endangered or threatened species included in this subsection, or parts thereof or their nests or eggs except as allowed by specific federal or state permit or authorization.

(b) The following Federally-designated Endangered and Threatened species shall be afforded the protection afforded under Commission rules and Florida Statutes and under the Federal Endangered Species Act, 16 U.S.C. §1531 et seq. and its implementing regulations. Species classified as endangered are identified below by (E) and threatened as (T).

Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus)(E); South Atlantic distinct population segment (consistent with 77 Fed. Reg. 5914-5982),
Smalltooth sawfish (Pristis pectinata)(E) (consistent with 70 Fed. Reg. 69464-69466).
Nassau grouper (Epinephelus striatus)(T) (consistent with 81 Fed. Reg. 42268-42285),
Giant manta ray (Manta birostris)(T) (consistent with 83 Fed. Reg. 2916-2931).
Oceanic whitetip shark (Carcharhinus longimanus)(T) (consistent with 83 Fed. Reg. 4153-4165).

(d) Amphibians:

Frosted flatwoods salamander (Ambystoma cingulatum)(T),
Reticulated flatwoods salamander (Ambystoma bishopi)(E).

(e) Reptiles:

American alligator (Alligator mississippiensis)(T[S/A]); Listed only because of similarity of appearance to the American crocodile,
American crocodile (Crocodylus acutus)(T),
Atlantic salt marsh snake (Nerodia clarkii taeniata)(T),
Bluetail mole skink (Plestiodon egregius lividus)(T),
Eastern indigo snake (Drymarchon couperi)(T),
Sand skink (Plestiodon reynoldsi)(T),
Barbour’s map turtle (Graptemys barbouri)(T[S/A]) (consistent with 89 Fed. Reg. 65225-65225) Listed only because of similarity of appearance to the Pearl River map turtle,
Escambia map turtle (Graptemys ernsti)(T[S/A]) (consistent with 89 Fed. Reg. 65225-65225) Listed only because of similarity of appearance to the Pearl River map turtle,
Suwannee alligator snapping turtle (Macrochelys suwanniensis)(T) (consistent with 89 Fed. Reg. 53507-53528).

(f) Birds:

Audubon’s crested caracara (Caracara plancus audubonii)(T) (consistent with 88 Fed. Reg. 49310-49355),
Cape Sable seaside sparrow (Ammospiza maritima mirabilis)(E) (consistent with 88 Fed. Reg. 49310-49355),
Eastern black rail (Laterallus jamaicensis jamaicensis)(T) (consistent with 85 Fed. Reg. 63764-63803),
Everglade snail kite (Rostrhamus sociabilis plumbeus)(E),
Eskimo curlew (Numenius borealis)(E),
Florida grasshopper sparrow (Ammodramus savannarum floridanus)(E),
Florida scrub-jay (Aphelocoma coerulescens)(T),
Ivory-billed woodpecker (Campephilus principalis)(E),
Kirtland’s wood warbler (Dendroica kirtlandii)(E),
Piping plover (Charadrius melodus)(T),
Red-cockaded woodpecker (Picoides borealis)(T) (consistent with 89 Fed. Reg. 85294-85338),
Roseate tern (Sterna dougallii dougallii)(T),
Whooping crane (Grus americana)(XN); Listed as experimental population in Florida,
Wood stork (Mycteria americana)(T),
Rufa red knot (Calidris canutus rufa)(T) (consistent with 79 Fed Reg. 73706-73748).
Black-capped petrel (Pterodroma hasitata)(E) (consistent with 88 Fed. Reg. 89611-89626).

(g) Mammals:

Anastasia Island beach mouse (Peromyscus polionotus phasma)(E),
Rice’s whale (Balaenoptera ricei)(E) (consistent with 87 Fed. Reg. 8981-8983),
Choctawhatchee beach mouse (Peromyscus polionotus allophrys)(E),
Florida panther (Puma (=Felis) concolor coryi)(E),
Florida salt marsh vole (Microtus pennsylvanicus dukecampbelli)(E),
Gray bat (Myotis grisescens)(E),
Gray wolf (Canis lupus)(E),
Indiana bat (Myotis sodalis)(E),
Key deer (Odocoileus virginianus clavium)(E). No person shall feed Key deer by hand or by placing any food that serves to attract such species,
Key Largo cotton mouse (Peromyscus gossypinus allapaticola)(E),
Key Largo woodrat (Neotoma floridana smalli)(E),
Lower Keys rabbit (Sylvilagus palustris hefneri)(E),
Perdido Key beach mouse (Peromyscus polionotus trissyllepsis)(E),
Red wolf (Canis rufus)(E),
Rice rat (Oryzomys palustris natator (E); Lower Keys population west of 7-mile bridge,
Southeastern beach mouse (Peromyscus polionotus niveiventris)(T),
St. Andrew beach mouse (Peromyscus polionotus peninsularis)(E).
Florida bonneted bat (Eumops floridanus)(E) (consistent with 78 Fed. Reg. 61004-61043).

(h) Crustaceans:

Panama City crayfish (Procambarus econfinae)(T),
Squirrel Chimney Cave shrimp (Palaemonetes cummingi)(T).

(i) Insects:

American burying beetle (Nicrophorus americanus)(T), (consistent with 85 Fed. Reg. 65241-65261),
Cassius blue butterfly (Leptotes cassius theonus)(T[S/A]), ceraunus blue butterfly (Hemiargus ceraunus antibubastus) (T[S/A]), and nickerbean blue butterfly (Cyclargus ammon)(T[S/A]) are listed due to similarity of appearance to Miami blue butterfly (consistent with 77 Fed. Reg. 20948-20986) and as such only the following prohibitions apply to these three species:

a. Incidental take, that is, take that results from, but is not a purpose of, carrying out an otherwise lawful activity will not apply to cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly.

b. Collection of the cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly is prohibited in coastal counties south of Interstate 4 and extending to the boundaries of the State of Florida at the endpoints of Interstate 4 at Tampa and Daytona Beach. Specifically, such activities are prohibited in the following counties: Brevard, Broward, Charlotte, Collier, De Soto, Hillsborough, Indian River, Lee, Manatee, Pinellas, Sarasota, St. Lucie, Martin, Miami-Dade, Monroe, Palm Beach, and Volusia.

Miami blue butterfly (Cyclargus thomasi bethunebakeri)(E) (consistent with 77 Fed. Reg. 20948-20986),
Schaus swallowtail butterfly (Heraclides aristodemus ponceanus)(E).
Bartram’s scrub-hairstreak (Strymon acis bartrami)(E) (consistent with 79 Fed. Reg. 47222-47244),
Florida leafwing (Anaea troglodyte floridalis)(E) (consistent with 79 Fed. Reg. 47222-47244).
Miami tiger beetle (Cicindelidia floridana)(E) (consistent with 81 Fed. Reg. 68985-69007).

(j) Mollusks:

Chipola slabshell (mussel) (Elliptio chiplolaensis)(T),
Fat threeridge (mussel) (Amblema neislerii)(E),
Gulf moccasinshell (mussel) (Medionidus penicillatus)(E),
Ochlockonee moccasinshell (mussel) (Medionidus simpsonianus)(E),
Oval pigtoe (mussel) (Pleurobema pyriforme)(E),
Purple bankclimber (mussel) (Elliptoideus sloatianus)(T),
Shinyrayed pocketbook (mussel) (Hamiotal subangulata)(E),
Stock Island tree snail (Orthalicus reses [not incl. nesodryas])(T).
Choctaw bean (Obovaria choctawensis)(E) (consistent with 77 Fed. Reg. 61664-61719),
Round ebonyshell (Reginaia rotulata)(E) (consistent with 77 Fed. Reg. 61664-61719),
Southern kidneyshell (Ptychobranchus jonesi)(E) (consistent with 77 Fed. Reg. 61664-61719),
Fuzzy pigtoe (Pleurobema strodeanum)(T) (consistent with 77 Fed. Reg. 61664-61719),
Narrow pigtoe (Fusconaia escambia)(T) (consistent with 77 Fed. Reg. 61664-61719),
Tapered pigtoe (Fusconaia burki)(T) (consistent with 77 Fed. Reg. 61664-61719),
Southern sandshell (Hamiota australis)(T) (consistent with 77 Fed. Reg. 61664-61719).
Suwannee moccasinshell (Medionidus walkeri)(T) (consistent with 81 Fed. Reg. 69417-69425).
Queen conch (Aliger gigas)(T) (consistent with 89 Fed. Reg. 11208-11226).

(k) Corals:

Elkhorn coral (Acropora palmata)(T) (consistent with 72 Fed. Reg. 16284-16286).
Staghorn coral (Acropora cervicornis)(T) (consistent with 72 Fed. Reg. 16284-16286).
Pillar coral (Dendrogyra cylindricus)(E) (consistent with 89 Fed. Reg. 101993-102000),
Lobed star coral (Orbicella annularis) (T) (consistent with 79 Fed. Reg. 53852-54123),
Moutainous star coral (Orbicella faveolata) (T) (consistent with 79 Fed. Reg. 53852-54123),
Boulder star coral (Orbicella franksi) (T) (consistent with 79 Fed. Reg. 53852-54123),
Rough cactus coral (Mycetophyllia ferox) (T) (consistent with 79 Fed. Reg. 53852-54123).

(2) State-designated Threatened species:

(a) No person shall take, possess, or sell any threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by Commission rule or by permit from the Commission or when such conduct is authorized in a management plan as defined in this chapter and approved by the Commission, or as authorized in Commission-approved guidelines.

(b) The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:

Alligator snapping turtles, Macrochelys suwanniensis, M. apalachicolae, and M. temminckii, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10418);
Black creek crayfish, Procambarus pictus, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10415);

Blackmouth shiner, Notropis melanostomus, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10414);

Big Cypress fox squirrel, Sciurus niger avicennia, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10416);

Bluenose shiner, Pteronotropis welaka, effective December 2019

(https://www.flrules.org/Gateway/reference.asp?No=Ref-11501);

Crystal darter, Crystallaria asprella, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10413);

Everglades mink, Neovison vison evergladensis, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10412);

Florida bog frog, Lithobates okaloosae, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10411);

Florida brown snake of the Lower Keys, Storeria victa, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10410);

Florida burrowing owl, Athene cunicularia floridana, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10405);

Florida Keys mole skink, Plestiodon egregius egregius, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10409);

Florida pine snake, Pituophis melanoleucus mugitus, effective July 2020

(https://www.flrules.org/Gateway/reference.asp?No=Ref-12167);

Florida Reef Gecko, Sphaerodactylus notatus notatus, effective February 2026

(http://flrules.org/Gateway/reference.asp?No=Ref-19572);

Florida sandhill crane, Antigone canadensis pratensis, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10407);

Georgia blind salamander, Eurycea wallacei, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10406);

Key ringneck snake, Diadophis punctatus acricus, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10423);

Rim rock crowned snake, Tantilla oolicta, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10424);

Santa Fe cave crayfish, Procambarus erythops, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10426);

Saltmarsh topminnow, Fundulus jenkinsi, effective February 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10425);

Sanibel Island rice rat, Oryzomys palustris sanibeli, effective December 2019

(https://www.flrules.org/Gateway/reference.asp?No=Ref-11505);

Sherman’s short-tailed shrew, Blarina shermani, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10427);

Short-tailed snake, Lampropeltis extenuate, effective December 2019

(https://www.flrules.org/Gateway/reference.asp?No=Ref-11502;

Southeastern American kestrel, Falco sparverius paulus, effective December 2020

(https://www.flrules.org/Gateway/reference.asp?No=Ref-12602);

Southern tessellated darter, Etheostoma olmstedi maculaticeps, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10428);

Striped newt, Notophthalmus perstriatus, effective December 2022.

(https://www.flrules.org/Gateway/reference.asp?No=Ref-14989);

Threatened beach-nesting birds (American oystercatcher, snowy plover, black skimmer, least tern,) Haematopus palliatus, Charadrius nivosus, Rynchops niger, and Sternula antillarum, effective September 2023

(https://www.flrules.org/Gateway/reference.asp?No=Ref-14600);

Threatened wading birds (little blue heron, reddish egret, roseate spoonbill, and tricolored heron), Egretta caerulea, E. rufescens, Platalea ajaja, and E. tricolor, effective December 2018

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10429);

White-crowned pigeon, Patagioenas leucocephala, effective November 2016

(https://www.flrules.org/Gateway/reference.asp?No=Ref-10430).

(c) The species in this subsection are hereby declared to be State-designated Threatened Species, and shall be afforded the protective provisions specified.

(d) Fish:

Blackmouth shiner (Notropis melanostomus),
Bluenose shiner (Pteronotropis welaka),
Crystal darter (Crystallaria asprella),
Key silverside (Menidia conchorum),
Saltmarsh topminnow (Fundulus jenkinsi),
Southern tessellated darter (Etheostoma olmstedi maculaticeps).

(e) Amphibians:

Florida bog frog (Lithobates okaloosae),
Georgia blind salamander (Eurycea wallacei).
Striped newt (Notophthalmus perstriatus).

(f) Reptiles:

Florida brownsnake (Storeria victa); lower Keys population only,
Florida Keys mole skink (Plestiodon egregius egregius),
Florida pine snake (Pituophis melanoleucus mugitus),
Florida Reef Gecko (Sphaerodactylus notatus notatus),
Gopher tortoise (Gopherus polyphemus). The gopher tortoise shall be afforded the protective provisions specified in this subparagraph. No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise or parts thereof or their eggs, or molest, damage, or destroy gopher tortoise burrows, except as authorized by Commission permit or when complying with the Gopher Tortoise Management Plan effective December 2024 herein incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-17732). A gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise. Permits will be issued based upon whether issuance would further goals and objectives of the Management Plan and the Gopher Tortoise Permitting Guidelines effective April 2023, herein incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-15273).
Key ringneck snake (Diadophis punctatus acricus),
Rim rock crowned snake (Tantilla oolitica),
Short-tailed snake (Lampropeltis extenuate),

(g) Birds:

American oystercatcher (Haematopus palliatus),
Black skimmer (Rynchops niger),
Florida burrowing owl (Athene cunicularia floridana),
Florida sandhill crane (Antigone canadensis pratensis),
Least tern (Sternula antillarum),
Little blue heron (Egretta caerulea),
Marian’s marsh wren (Cistothorus palustris marianae),
Reddish egret (Egretta rufescens),
Roseate spoonbill (Platalea ajaja),
Scott’s seaside sparrow (Ammodramus maritimus peninsulae),
Snowy plover (Charadrius nivosus),
Southeastern American kestrel (Falco sparverius paulus),
Tricolored heron (Egretta tricolor),
Wakulla seaside sparrow (Ammodramus maritimus juncicola),
White-crowned pigeon (Patagioenas leucocephala),
Worthington’s marsh wren (Cistothorus palustris griseus).

(h) Mammals:

Big Cypress fox squirrel (Sciurus niger avicennia),
Everglades mink (Neovison vison evergladensis).
Sanibel Island rice rat (Oryzomys palustris sanibeli),
Sherman’s short-tailed shrew (Blarina shermani),

(i) Crustaceans:

Black Creek crayfish (Procambarus pictus),
Santa Fe cave crayfish (Procambarus erythrops).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 7-1-83, 7-1-84, 7-1-85, Formerly 39-27.03, Amended 6-1-86, 5-10-87, 4-27-89, 9-14-93, 6-23-99, Formerly 39-27.003. Amended 12-16-03, 7-20-09, 11-8-10, 11-14-11, 8-23-12, 9-19-12, 6-10-15, 1-11-17, 6-2-17, 7-20-18, 12-23-18, 6-25-19, 2-17-20, 11-2-20, 2-9-21, 5-27-21, 9-4-22, 1-30-23, 5-24-23, 4-3-25, 7-27-25, 10-22-25, 6-10-26(1)(c), 6-10-26(2)(b), (f).

Fla. Admin. Code R. 68A-27.0031 Marine Endangered and Threatened Species

(1) Under the Florida constitutional revision that revised Article IV, Section 9 of the Florida Constitution and created Article XII, Section 22, the Commission’s constitutional authority does not include authority to regulate marine life when those species meet the definition of endangered and threatened species as those terms were defined in Section 372.072, F.S. (1997).

(2) The following species are Marine endangered and threatened species:

(a) Fish:

Gulf sturgeon (Acipenser oxyrinchus [=oxyrhynchus] desotoi)(T),
Shortnose sturgeon (Acipenser brevirostrum)(E).

(b) Reptiles:

Green sea turtle (Chelonia mydas)(E),
Hawksbill sea turtle (Eretmochelys imbricata)(E),
Kemp’s ridley sea turtle (Lepidochelys kempii)(E),
Leatherback sea turtle (Dermochelys coriacea)(E),
Loggerhead sea turtle (Caretta caretta)(T).

Caribbean monk seal (Monachus tropicalis)(E),
Finback whale (Balaenoptera physalus)(E),
West Indian manatee (Trichechus manatus)(E),
Humpback whale (Megaptera novaeangliae)(E),
North Atlantic right whale (Eubalaena glacialis)(E),
Sei whale (Balaenoptera borealis)(E),
Sperm whale (Physeter macrocephalus)(E).

History

Rulemaking Authority 379.1025 FS. Law Implemented 379.2291 FS. History–New 11-14-11, Amended 6-10-15.

Fla. Admin. Code R. 68A-27.004 Designation of Threatened Species; Prohibitions; Permits

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 7-1-83, 7-1-85, Formerly 39-27.04, Amended 6-1-86, 5-10-87, 4-27-89, 6-23-99, Formerly 39-27.004, Amended 9-29-03, 11-8-07, 5-15-08, Repealed 11-8-10.

Fla. Admin. Code R. 68A-27.005 Designation of Species of Special Concern; Prohibitions; Permits

(1) The following species are hereby declared to be of special concern, and shall be afforded the protective provisions specified.

(2) No person shall take, possess, transport, or sell any species of special concern included in this subsection or parts thereof or their nests or eggs except as authorized by permit from the executive director, permits being issued upon reasonable conclusion that the permitted activity will not be detrimental to the survival potential of the species. For purposes of this section, the definition of the word take in Rule 68A-1.004, F.A.C., applies.

None.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.05, Amended 6-1-86, 5-10-87, 4-27-89, 10-22-92, 5-26-94, 6-23-99, Formerly 39-27.005, Amended 2-27-01, 5-1-01, 9-29-03, 6-1-06, 11-8-07, 11-8-10, 9-19-12, 1-11-17, 11-5-17, 12-23-18, 1-30-23.

Fla. Admin. Code R. 68A-27.006 Reward Program

In order to implement a reward program for the reporting of illegal killing, wounding or wrongful possession of Florida Endangered and Threatened Species as defined herein the Commission establishes the following procedures.

(1) The Commission will receive information through its Wildlife Alert Reward Program. The party providing the information will be identified by a code only and all names, if given, will be kept confidential unless the party specifically authorizes the use of his or her name. Information will be given to the party on the method to maintain contact with the Commission in order to properly pursue the matter.

(2) Upon conviction based upon the information received the party supplying information which leads to such conviction will be transmitted a reward in the following manner:

(a) If the party authorizes the use of his name a check in the appropriate amount will be forwarded directly to the party.

(b) If this party desires to remain anonymous a check in the appropriate amount will be made out to the regional enforcement supervisor and the regional manager of the involved region. After endorsement by both parties the check will be cashed and the money delivered by the regional enforcement supervisor and the regional manager to the party at a mutually agreeable time and place.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-23-79, Amended 7-1-83, Formerly 39-27.06, 39-27.006, Amended 11-8-10.

Fla. Admin. Code R. 68A-27.007 Permits and Authorizations for the Take of Florida Endangered and Threatened Species

(1) Permit requirements for the taking of Federally-designated Endangered and Threatened Species: The purpose of this subsection is to eliminate the need for both federal and state permits for take and incidental take of Federally-designated Endangered and Threatened Species. Activities that result in take or incidental take of Federally-designated Endangered and Threatened Species do not require a permit from the Commission when authorized by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service pursuant to 16 U.S.C. Section 1539, or other authorization provided by 16 U.S.C. Section 1536. The Commission permit or other authorization will only be issued to take or incidentally take Federally-designated Endangered and Threatened Species if specifically authorized under a written agreement or regulatory delegation by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service provided that the issuance shall not be inconsistent with federal law. The incidental take of a Federally-designated Endangered and Threatened Species that results from activities which the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service has determined in writing does not require a permit under 16 U.S.C. Section 1539, or other authorization provided by 16 U.S.C. 1536 does not require a permit under this section and is not prohibited under Rule 68A-27.003, F.A.C.

(2) The permit requirements for the taking of a State-designated Threatened species are as follows:

(a) Intentional take: The Commission may issue permits authorizing intentional take of Florida State-designated Threatened species for scientific or conservation purposes which will benefit the survival potential of the species except for species that have a permitting standard for intentional take in Rule 68A-27.003, F.A.C., and then that standard will apply. For purposes of this rule, a scientific or conservation purpose shall mean activities that further the conservation or survival of the species, including collection of scientific data needed for conservation or management of the species. The following factors shall be considered in determining whether there is a scientific or conservation purpose which will benefit the survival potential of the species;

Whether the purpose for which the permit required is adequate to justify removing specimens of the species if removed from the wild,
The probable direct or indirect effect which issuing the permit would have on the wild population of the species sought to be taken,
Whether the permit would conflict with any program intended to enhance the survival of the species sought to be taken,
Whether the purpose of the permit would likely reduce the threat of extinction for the species sought to be taken,
The opinions or views of scientists or other persons or organizations having expertise concerning the species sought to be taken,
Whether the expertise, facilities, or other resources available to the applicant are adequate to successfully accomplish the objective stated in the application; and,
Human safety.

(b) Incidental take: The Commission may issue permits authorizing incidental take of State-designated Threatened Species upon a conclusion that the following permitting standards have been met: the standards for species that have a permitting standard for incidental take in Rule 68A-27.003, F.A.C., take precedence; for all other State-designated Threatened Species, the permit may be issued when there is a scientific or conservation benefit and only upon a showing by the applicant that the permitted activity will not have a negative impact on the survival potential of the species. Factors which shall be considered in determining whether a permit may be granted are:

The objectives of a federal recovery plan or a state management plan for the species sought to be taken,
The foreseeable long range impact over time if take of the species is authorized,
The impacts to other fish and wildlife species if take is authorized,
The extent of injury, harm or loss of the species,
Whether the incidental take could reasonably be avoided, minimized or mitigated by the permit applicant,
Human safety; and,
Other factors relevant to the conservation and management of the species.

(c) Land management activities that benefit wildlife and that are not inconsistent with Management Plans for species as defined in this rule chapter are authorized and do not require a permit authorizing incidental take despite any other provision of this section.

(d) Agriculture, as defined in Section 570.02, F.S., conducted in accordance with Chapter 5I-8, F.A.C., effective 10-21-14, or Chapter 5M-18, F.A.C., effective 6-17-15, and the wildlife best management practices (BMPs) adopted in Rule 5I-8.001, F.A.C., by the Department of Agriculture and Consumer Service pursuant to Section 570.94, F.S., is authorized and does not require a permit authorizing incidental take despite any other provision of this section or Rule 68A-27.005, F.A.C.

(e) Wildlands fire suppression actions necessary to ensure public safety during emergency circumstances, including but not limited to, setting counterfires, removing fences and other obstacles, digging trenches, cutting firelines, or using water from public and private sources are authorized and do not require a permit authorizing incidental take despite any other provision of this section.

(f) Intentional take of a marine organism as defined in Chapter 68B-8, F.A.C., and identified as a Florida Endangered and Threatened Species will be permitted pursuant to the provisions of Chapter 68B-8, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-8-10, Amended 10-9-13, 1-19-15, 12-29-16, 1-18-17.

Chapter 68A-29 RULES RELATING TO THE TAKING OF MAMMALS

Fla. Admin. Code R. 68A-29.002 Regulations Relating to the Taking of Mammals

(1) For mammals not listed in Chapter 68A-27, F.A.C., or not regulated under Chapter 68A-24, F.A.C., the following restrictions control the take as defined in Rule 68A-1.004, F.A.C. of the mammals listed below:

(a) None of the following species or their young, homes, dens or nests shall be taken, transported, stored, served, bought, sold or possessed in any manner at any time except as authorized in the Commission’s Species Conservation Measures and Permitting Guidelines in subsection (b) or by permit from the executive director as provided in Rule 68A-9.002, 68A-9.006, or 68A-9.010, F.A.C., relating to the permitting of take of wildlife or freshwater fish for justifiable purposes, wildlife rehabilitation, or take of nuisance wildlife:

Florida mouse (Podomys floridanus),
Shrews (Cryptotis spp., Blarina spp., Sorex spp.),
Fox squirrels (Sciurus niger ssp.),
Bats (Corynorhinus spp., Myotis spp., Perimyotis spp., Eptesicus spp., Lasiurus spp., Nycticeius spp., Tadarida spp.),
American Mink (Neovison vison ssp.),
Santa Rosa beach mouse (Peromyscus polionotus leucocephalus),
Pine vole (Microtus pinetorum),
Long-tailed weasel (Mustela frenata ssp.),
Round-tailed muskrat (Neofiber alleni).

(b) The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:

Eastern chipmunk, Tamias striatus, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10419);
Florida mouse, Podomys floridanus, effective July 2020 (https://www.flrules.org/Gateway/reference.asp?No=Ref-12172);
Homosassa shrew, Sorex longirostris eionis, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10420);
Southern fox squirrel, Sciurrus niger, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10421).

(2) No person shall buy, sell, or posess for sale any of the following mammals, except as authorized by chapter 68A-9, F.A.C., nor shall any person possess more than one of Eastern chipmunk (Tamias striatus), Southeastern pocket gopher (Geomys pinetis), or Marsh rabbit (Sylvilagus palustris). No person shall buy, sell, or possess for sale, except as authorized by chapter 68A-9, F.A.C., nor shall any person possess more than 3 Southern flying squirrels (Glaucomys volans) for personal use.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-7-19, Amended 11-2-20.

Chapter 68A-30 INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS

Fla. Admin. Code R. 68A-30.001 Authority and Purpose of Chapter

Chapter 68A-30, F.A.C., regarding the indexing, management, and availability of final orders, is promulgated pursuant to Section 120.533, F.S., and Chapter 1S-6, F.A.C., and has been approved by the Department of State pursuant to Section 120.53(2)(c), F.S. The purpose of this chapter is to provide public access to and availability of final orders issued by the agency.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 6-11-92, Formerly 39-30.001.

Fla. Admin. Code R. 68A-30.002 Public Access to Index and Orders

(1) The agency shall make final orders accessible to the public by sequentially numbering and indexing final orders in accordance with this chapter, and making final orders and the subject matter index available to the public.

(2) The following shall be made available for public inspection and copying, at no more than cost:

(a) All final orders issued by the agency.

(b) The current subject matter index required by this chapter.

(3) The Agency Clerk or other person assigned by the agency shall assist the public in obtaining information pertaining to agency orders.

(4) The agency maintains and stores its orders and subject matter index at the Farris Bryant Building, 620 South Meridian Street, Tallahassee, Florida 32399-1600. The office is open between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.

(5) In addition, the agency shall comply with the requirements of Chapter 1S-6, F.A.C., by the publication of the text of agency orders and a subject matter index thereto by the agency's designated reporter, the Florida Administrative Law Reports.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 6-11-92, Formerly 39-30.002.

Fla. Admin. Code R. 68A-30.003 Final Orders Indexed

All agency final orders issued pursuant to Section 120.565, 120.57(1), (2), or (3), F.S., shall be indexed in accordance with the provisions of this chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 6-11-92, Formerly 39-30.003.

Fla. Admin. Code R. 68A-30.004 Numbering of Final Orders

In addition to any internal case or file number which may be assigned by the agency, or any case or file number which may be assigned by the Division of Administrative Hearings, all final orders required to be indexed pursuant to this chapter shall be sequentially numbered, as rendered, using a two-part number separated by a dash. The first part, preceding the dash, shall indicate the year in which that order is rendered, and the second part shall indicate the numerical sequence of the order issued for that year, beginning with number 1 each new calendar year. The assigned agency designation prefix, which is “FWC,” shall precede the two-part number.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.533 FS. History–New 6-11-92, Formerly 39-30.004.

Fla. Admin. Code R. 68A-30.005 System for Indexing Final Orders

(1) The index required by this chapter shall be arranged in an orderly and logical fashion intended to facilitate the efficient and accurate retrieval of final orders. The index shall be arranged in accordance with the following:

(a) The index shall be alphabetically arranged by main subject headings taken from the Florida Statutes index, the rule chapter headings within this title, or such other main subject headings as are appropriate to facilitate ease of indexing and retrieval of final orders. The applicable titles of citations of the Florida Statutes or agency rules construed within the final order may determine the main subject headings and subheadings within the index. New main subject headings, subheadings, and sub-subheadings may be added when necessary.

(b) Main subject headings shall be all capital letters and shall be flush left on the page, followed by relevant subheadings which shall be initial caps and lower case letters indented. Subheadings and sub-subheadings, as necessary, at equal indentations shall be alphabetized. The numbers of final orders shall be listed sequentially in an indentation immediately below the applicable heading, subheading, or sub-subheading.

(c) Cross references shall be utilized where appropriate to direct the user to subject headings which may contain relevant information. Related key words (specific words, terms or phrases) and common and colloquial words shall be listed and cross referenced to the appropriate main subject headings.

(2) The main subject headings shall be consulted by the agency’s indexer and subsequent similar entries shall be indexed under the existing appropriate heading. The index shall be cumulative, and final orders required to be indexed shall be incorporated into the index within 120 days of rendition of the order.

(3) The Agency Clerk is hereby designated as the party responsible for maintaining the index required by this chapter.

(4) In addition and supplemental to the index required by this chapter, the agency shall continue to maintain the subject matter index compiled by its official reporter, as designated in Rule 68A-2.013, F.A.C. Copies of said index and the reported orders of the agency are available by subscription through the Florida Administrative Law Reports.

History

Rulemaking Authority Art. IV., Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 6-11-92, Formerly 39-30.005.

Fla. Admin. Code R. 68A-30.006 Maintenance of Records

Final orders that comprise final agency action and that must be indexed pursuant to this chapter shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History–New 6-11-92, Formerly 39-30.006.

Chapter 68A-31 SHOOTING RANGES

Fla. Admin. Code R. 68A-31.001 Regulations Related to Commission Managed Shooting Ranges

(1) Commission managed shooting ranges shall be established by order of the Executive Director and maintained on a list titled “Commission Managed Shooting Ranges,” dated July 1, 2008, incorporated herein by reference and kept at its headquarters office and regional offices.

(2) The following rules shall apply on Commission managed shooting ranges:

(a) The possession of open containers of intoxicating beverages is prohibited.

(b) Public access is prohibited from sunset until sunrise, except on supervised shooting ranges where dates and hours of operation will be as established by order of the Executive Director.

(c) Persons shooting rifles or handguns shall allow a minimum of two (2) seconds between each round fired unless otherwise authorized during a Commission sanctioned shooting event or Commission established practice. Practice sessions shall be established by the Commission as to date, time and designated range by posting at the designated shooting range and on the Commission's internet site.

(d) Discharging a gun on a range in a manner that is careless or reckless or in a manner that results in projectiles escaping the shooting range property is prohibited.

(e) Shooting or attempting to shoot structures or facilities at Commission managed shooting ranges that are not designated targets or within designated firing lanes is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.813 FS. History–New 5-1-08.

Division 68C Manatees

Chapter 68C-22 THE FLORIDA MANATEE SANCTUARY ACT

Fla. Admin. Code R. 68C-22.001 Scope and Purpose

(1) This rule chapter implements Section 379.2431(2), F.S., (the Florida Manatee Sanctuary Act) by establishing restrictions to protect manatees from harmful collisions with motorboats and from harassment; to protect manatee habitat, such as seagrass beds, from destruction by boats or other human activity; and to provide limited safe havens where manatees can rest, feed, reproduce, give birth or nurse undisturbed by human activity. The Commission shall only regulate motorboat speed and operation in areas where manatees are frequently sighted and the best available scientific information, as well as other available, relevant, and reliable information supports the conclusion that manatees inhabit such areas on a regular or periodic basis. Information considered by the Commission may include but is not limited to manatee surveys, observations, available studies of food sources, and water depths.

(2) When establishing manatee protection zones as provided above, the Commission shall utilize the standards provided under paragraph (2)(a), below, in determining whether restrictions are necessary to protect manatees or manatee habitat. The Commission shall not establish restrictions that result in undue interference with the rights of fishers, boaters, and water skiers (as they apply under Section 379.2431(2)(k), F.S.).

(a) The Commission utilizes the following standards in determining whether restrictions are necessary to protect manatees or manatee habitats in areas of regular or periodic manatee use:

Restrictions are necessary if the absence of adequate restrictions will likely result in:

a. Injury or death to manatees, or

b. Harassment of manatees, or

c. Destruction of essential manatee habitat.

In determining whether restrictions are necessary, the Commission will consider, but not be limited to an examination of, the following factors:

a. The patterns and intensity of known boating activities in the area,

b. Seasonal and/or year-round patterns of manatee use,

c. The number of manatees that the Commission has concluded use the area on a regular or periodic basis,

d. The manatee mortality trends within the area,

e. The existence of features within the area that are essential to the survival of, or are known to attract, manatees, such as seagrasses or other food sources, favorable water depths, and fresh or warm water sources,

f. The characteristics of the waterway; and,

g. Whether the Commission’s measurable biological goals that define manatee recovery are being achieved in the region that is being considered.

(b) Regarding the measurable biological goals referenced in paragraph (2)(a), above, in regions where the goals are being achieved, the Commission shall give great weight to existing state manatee protection rules; however, the Commission may amend existing rules or adopt new rules in these areas to address risks or circumstances in a particular area or water body.

(c) In consideration of balancing the rights of fishers, boaters, and water skiers to use waters for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the necessity for boat speed regulation to protect manatees and manatee habitat in identified manatee use areas, the Commission may designate limited lanes or corridors to provide for reasonable motorboat speeds (twenty-five (25) mph or greater) or not regulate sufficient portions in order to accommodate activities that require higher speeds, upon a finding that such lanes, corridors, or areas are consistent with manatee protection needs.

History

Rulemaking Authority 370.12(2)(g)-(j), (l), (n), (o), 372.072(6) FS. Law Implemented 370.12(2)(d), (g)-(l), (n), (o), 372.072(6) FS. History–New 3-19-79, Formerly 16N-22.01, Amended 12-30-86, 6-16-93, 9-9-93, Formerly 16N-22.001, Amended 5-31-95, 6-25-96, 5-12-98, Formerly 62N-22.001, Amended 12-23-03, 11-8-05.

Fla. Admin. Code R. 68C-22.002 Definitions

When used in these rules, the following words shall have the indicated meanings unless the context clearly indicates otherwise:

(1) “Idle Speed” and “Idle Speed No Wake” may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

(2) “Miles” means statute miles.

(3) “Motorboats prohibited zone” as used in Chapter 68C-22, F.A.C., is synonymous with the definition of the “no power-driven vessels” zone defined in paragraph 68D-23.103(2)(d), F.A.C., and means that all vessels equipped with any mechanical means of propulsion are prohibited from entering the marked area unless the mechanical means of propulsion is not in use and, if possible to do so, is tilted or raised out of the water.

(4) “Slow Speed” and “Slow Speed Minimum Wake” may be used interchangeably and mean that a vessel must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels or other persons using the waterway. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, there is no specific numerical speed assigned to Slow Speed. A vessel that is:

(a) Operating on plane is not proceeding at this speed;

(b) In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at this speed;

(c) Operating at a speed that creates an excessive wake or other hazardous condition which unreasonably or unnecessarily endangers other vessels or other persons using the waterway, or is likely to do so, is not proceeding at this speed;

(d) Completely off plane and which has fully settled into the water and is proceeding at a reasonable and prudent speed with little or no wake is proceeding at this speed.

(5) “Maximum 25 MPH Speed Zone” means a controlled area within which a vessel’s speed made good over the bottom, measured in statute miles, shall not exceed twenty-five (25) miles per hour. Although it is the intention of the Commission to allow those vessels capable of attaining a planning configuration at twenty-five (25) MPH to do so, this speed limit shall not be construed as permitting the reckless or careless operation of a vessel, in violation of Section 327.33, F.S., or authorizing any vessel to travel at an unsafe speed, in violation of navigation rule 6, as adopted pursuant to Section 327.33, F.S., by reason of:

(a) Having an elevated bow which restricts visibility, or

(b) Producing an excessive wake or other hazardous condition that endangers or is likely to endanger other vessels, other persons using the waterway, or natural resources of the state.

(6) “Maximum 30 MPH Speed Zone” means a controlled area within which a vessel’s speed made good over the bottom, measured in statute miles, shall not exceed thirty (30) miles per hour. Although it is the intention of the Commission to allow those vessels capable of attaining a planning configuration at thirty (30) MPH to do so, this speed limit shall not be construed as permitting the reckless or careless operation of a vessel, in violation of Section 327.33, F.S., or authorizing any vessel to travel at an unsafe speed, in violation of navigation rule 6, as adopted pursuant to Section 327.33, F.S., by reason of:

(a) Having an elevated bow which restricts visibility, or

(b) Producing an excessive wake or other hazardous condition that endangers or is likely to endanger other vessels, other persons using the waterway, or natural resources of the state.

(7) “Maximum 35 MPH Speed Zone” means a controlled area within which a vessel’s speed made good over the bottom, measured in statute miles, shall not exceed thirty-five (35) miles per hour. Although it is the intention of the Commission to allow those vessels capable of attaining a planning configuration at thirty-five (35) MPH to do so, this speed limit shall not be construed as permitting the reckless or careless operation of a vessel, in violation of Section 327.33, F.S., or authorizing any vessel to travel at an unsafe speed, in violation of navigation rule 6, as adopted pursuant to Section 327.33, F.S., by reason of:

(a) Having an elevated bow which restricts visibility, or

(b) Producing an excessive wake or other hazardous condition that endangers or is likely to endanger other vessels, other persons using the waterway, or natural resources of the state.

(8) “Shoreline” means the point where the water meets the land at any point in time.

(9) “General Contour of the Shoreline” means a line defined as the most waterward of the outside edge of emergent aquatic vegetation, if present, or a line of Mean Low Water as defined in Chapter 177, Part II, F.S., as approximated on NOAA nautical charts. Waters lying landward of this line are to be included up to the shoreline, as defined under subsection (8), above. Emergent aquatic vegetation shall include plants rooted in the ground that extend above the surface of the water.

(10) “Channel” means a navigation route that is marked by aids to navigation that have been authorized by permits issued by all required state and federal authorities.

(11) “No Entry Zone” or “No Entry Area” means a controlled area where all vessels and all persons, either in vessels or swimming, diving, wading, or fishing (except from an adjacent bank or bridge when using poles or lines which are not equipped with a fishing line retrieval mechanism, e.g., a cane pole) are prohibited from entering.

(12) “Authorized Resident” means any person owning a fee or leasehold interest in real property or a boating facility immediately adjacent to a motorboats prohibited zone or a no entry zone.

(13) “Rights of Fishers, Boaters, and Water Skiers” (as they apply under Section 379.2431(2)(k), F.S.), means that fishers, boaters, and water skiers have the right to use the waters of the State of Florida for recreational or commercial purposes in a manner consistent with all applicable federal, state and local laws and regulations. Such laws and regulations include, but are not limited to, those governing the operation and safety of vessels on the water to promote public safety, environmental/natural resource protection, and/or responsible use of the waters of the state.

(14) “Undue Interference” with the rights of fishers, boaters, and water skiers (as it applies under Section 379.2431(2)(k), F.S.) occurs:

(a) If the Commission regulates boat speeds generally throughout the waters of the state, or

(b) If the Commission establishes regulations that encompass a larger geographic area or time frame than is warranted; set speed limits that are more restrictive than are warranted; encompass an area where the Commission has not determined that restrictions are necessary to protect manatees or manatee habitat pursuant to paragraph 68C-22.001(2)(a), F.A.C.; or fail to provide limited lanes or corridors providing for reasonable motorboat speeds, as called for in paragraph 68C-22.001(2)(c), F.A.C.

(15) “Planning” means riding on or near the water’s surface as a result of the hydrodynamic forces on a vessel’s hull, sponsons, foils or other surfaces. A vessel is considered “on plane” when it is being operated at or above the speed necessary to keep the vessel planning.

(16) “Wake” means all changes in the vertical height of the water’s surface caused by the passage of a vessel including, but not limited to, a vessel’s bow wave, stern wave, and propeller wash.

(17) “Harassment” means any intentional or negligent act or omission which creates the likelihood of causing an injury to a manatee by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, breeding, feeding or sheltering. The intentional provision of any type of food to manatees not in captivity shall be considered harassment under this definition, unless authorized by a valid federal or state permit.

(18) “Maximum 20 MPH Speed Zone” means a controlled area within which a vessel’s speed made good over the bottom, measured in statute miles, shall not exceed twenty (20) miles per hour. Although it is the intention of the Commission to allow those vessels capable of attaining a planing configuration at twenty (20) MPH to do so, this speed limit shall not be construed as permitting the reckless or careless operation of a vessel, in violation of Section 327.33, F.S., or authorizing any vessel to travel at an unsafe speed, in violation of navigation rule 6, as adopted pursuant to Section 327.33, F.S., by reason of:

(a) Having an elevated bow which restricts visibility, or

(b) Producing an excessive wake or other hazardous condition that endangers or is likely to endanger other vessels, other persons using the waterway, or natural resources of the state.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Amended 11-23-83, Formerly 16N-22.02, Amended 12-30-86, 12-24-90, 12-25-91, 6-16-93, 9-9-93, Formerly 16N-22.002, Amended 5-31-95, 6-25-96, 5-12-98, Formerly 62N-22.002, Amended 12-23-03.

Fla. Admin. Code R. 68C-22.003 Regulated Activities

(1) General Guidelines and Application Procedures: This rule sets forth criteria pertaining to the regulation of the speed and operation of vessel traffic and other activities which are otherwise prohibited by Chapter 68C-22, F.A.C. Permits for such regulated activities shall be issued only as provided hereunder. Permits shall be issued only upon a finding by the Commission that activities as described in this section will not pose a serious threat to manatees, and that such activities are justified. Determinations of justification of need will be made based on the criteria given under each specific subsection.

Permits shall not be granted for activities within “Motorboats Prohibited” or “No Entry” zones, except as explicitly provided for in this section.

(a) In considering applications for permits under this section, a “serious threat to manatees” exists if, due to the nature, location, or frequency of the activity proposed, its conduct can be reasonably expected to result in either (1) injury or death to manatees, (2) a significant disruption of the manatee’s normal use, behavior or migratory patterns, or (3) disturbance which would lead to or cause destruction of essential manatee habitat. In making its determination, the Commission’s examination will include an evaluation of the following factors:

Patterns of manatee use of the area, both seasonal and year-round,
The number of manatees known or assumed to occur in or seasonally use the area,
The manatee mortality trends within the area,
The existence of features within the area which are essential to the survival of, or are known to attract, manatees, such as seagrasses or other food sources, favorable water depths, and fresh or warm water sources,
The cumulative effect of the requested activities in light of other permits previously granted or currently being considered by the Commission and known vessel traffic patterns and densities in the area; and,
The characteristics of the waterway and of the vessel(s)/motor(s) which would be operated by the applicant.

(b) Applications for permits to conduct activities described in this section should be submitted as far in advance of the requested activities as possible and must be submitted to the Chief of the Office of Environmental Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399. Information which must be submitted is described in each specific subsection. If an application does not contain sufficient information to enable the Office to evaluate the request, the Office shall request any needed information within thirty (30) days of receipt of the request. The Office shall respond by letter (issuing a permit or denying the request) as quickly as is practical and must respond within ninety (90) days of receipt of all necessary information.

(c) When issuing a permit, the Commission may place conditions on the permit as necessary to protect manatees. Examples of types of conditions which may be specified include seasonal constraints, use of screens or barriers, restrictions on types of permitted activities, restrictions relative to time of day, day of week, or weather conditions when permits are in effect, use of specialized equipment (e.g., propeller guards or jet drives, speedometers) when feasible and such use would not defeat the purpose of the requested activity, additional water quality precautions, sea grass protection or protection of associated marine life or vegetation, temporary marking or permit display, limitations on intensity of activity, pre-activity monitoring, use of manatee observers, and after-activity reports. The specific conditions, if any, that are placed on a permit will be dependent on the specifics of the request. Acceptance of the permit shall constitute evidence that the recipient agrees to comply with the conditions set forth in the permit.

(d) The Commission retains the right to modify or rescind a permit should information become available indicating that the permitted activity is likely to create a serious threat to manatees or that the permit (in its current form) is not needed by the recipient. Before a permit is modified or rescinded, the permit holder shall be given an opportunity to discuss with the Commission the reasons for the modification or rescission. Unless an immediate threat to manatees is likely, the Commission shall wait at least thirty (30) days after notifying the permit holder before taking action on the permit. If a single manatee is struck or killed by a vessel operating pursuant to a permit under these provisions, the permit shall be immediately re-evaluated by the Commission to determine if the permit needs to be modified or rescinded.

(e) Receipt of a permit does not release a holder from the duty to comply with all federal, state, and local regulations (other than Chapter 68C-22, F.A.C.) governing the operation of vessels on navigable waterways or pertaining to protection of the West Indian (Florida) manatee. Permit issuance does not constitute authorization for the recipient to kill, injure, or harass a manatee while operating under a permit.

(f) Failure to comply with the permit or associated conditions, or any finding of fraudulent use or application for said permit, shall be cause for the immediate revocation of the permit.

(2) Law Enforcement: Any authorized law enforcement officer may engage in any activity otherwise prohibited by Chapter 68C-22, F.A.C., if:

(a) The officer is acting in the performance of his or her official duties, and entry into a “Motorboats Prohibited” or “No Entry” zone as defined in Rule 68C-22.002, F.A.C. is reasonably warranted, or

(b) The activity is being conducted to directly protect manatees, to enhance the propagation or survival of manatees, or it is reasonably required to enforce other provisions of Chapter 68C-22, F.A.C.

(3) Emergency Situations: Any person may engage in water-borne activity otherwise prohibited by Chapter 68C-22, F.A.C., if such activity is reasonably necessary to prevent the loss of life or property due to emergency circumstances, or to render emergency assistance.

(4) General Activities: For the purpose of issuing authorizations to allow the performance of certain activities which are otherwise prohibited by Chapter 68C-22, F.A.C., (including activities prohibited by “Motorboats Prohibited” or “No Entry” zones as defined in Rule 68C-22.002, F.A.C., as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits shall only be issued for activities which: are necessary to carry out a prerequisite of permitting by federal, state, or local governments (or are a condition to or are otherwise authorized by a valid permit), are necessary for habitat restoration or environmental protection purposes, are necessary for other scientific or educational purposes or for the enhancement of propagation or survival of the manatee, or are necessary for purposes of construction, maintenance, or repair to adjacent property owner’s facilities including maintenance dredging and debris removal. Permitted activities may not, either intentionally or negligently, molest, harass, collide with, injure or harm manatees. When operating under a permit within “Motorboats Prohibited” or “No Entry” zones, vessels shall be operated at no greater than idle speed.

(a) Permits are non-transferable and shall only be considered upon written application as specified hereunder. Copies of any associated permits must be submitted with the request. The application must, at a minimum, contain enough information to demonstrate:

The nature and scope of the activity to be conducted within the restricted area, including the number of vessels to be involved, the type and configuration of the vessels, and the maximum speeds necessary,
The specific area within which the activity would be conducted, described in the application and depicted on a nautical chart,
The period of time for which the permit is needed, limited to specific dates if possible; and,
Justification for conducting the activity within waters regulated for manatee protection, clearly demonstrating why an alternative site is unsuitable or unavailable.

(b) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the notice.

(5) Resident Access to Limited Entry Areas: Any authorized resident or his/her guests who must cross a “Motorboats Prohibited” or “No Entry” zone as defined in Rule 68C-22.002, F.A.C., for the sole purpose of water access by boat to private residences, boat houses, or boat docks, shall be authorized access by obtaining and affixing an identifying insignia to his/her vessel. Motorboats shall be operated at no greater than idle speed while within the zone.

(a) To obtain authorization, authorized residents must submit a signed letter providing the following information and documentation:

The name, mailing address, and telephone number of the authorized resident,
A description of the vessel(s) to be permitted, including a copy(ies) of the current vessel registration(s),
A map showing the location of the property to which access is required in relation to the “No Entry” or “Motorboats Prohibited” zone,
Verification of property ownership, rental or lease. For property owners, acceptable forms of verification include the property’s tax assessment, a current utilities or telephone bill, or a mortgage agreement. For residents renting or leasing the property, acceptable forms of verification include the rental or lease agreement, or a current utilities or telephone bill. To be acceptable, the document used for verification must be in the authorized resident’s name.

(b) Upon review and approval of the application by the Office of Environmental Services, an identifying decal or other insignia shall be issued, free of charge, to authorized residents. (Two (2) insignias or decals per authorized resident shall also be issued free of charge for use by authorized guests, with additional guest decals available upon justification of need.)

(6) Commercial Fishing and Professional Guiding: The following provisions pertain to qualifying commercial fishermen and professional fishing guides. In those speed zones wherein such intent was provided and specified at the time of zone establishment and as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity.

(a) In considering applications for permits under this subsection, a justification of need will be based on a finding of hardship. A hardship will be found to exist if an applicant can demonstrate the following:

Commercial fishing or professional guiding, as appropriate, is either:

a. The applicant’s principal occupation, in that a majority of the applicant’s work week is spent in pursuit of that occupation, or

b. A significant source of income for the applicant, in that a minimum of twenty-five percent (25%) of the applicant’s gross annual income is attributable to revenue derived from that occupation,

The applicant’s customary fishing or guiding practices would be significantly curtailed as a result of the restrictions for which a permit is sought in that at least twenty-five percent (25%) of the applicant’s gross annual income would be lost if a permit is not granted because sufficient alternative sites or methods for carrying out the activity in question are not available to the applicant; and,
The applicant’s compliance with the restrictions for which a permit is sought will result in a significant economic or physical burden being borne by the applicant.

(b) Upon a determination by the Office of Environmental Services that such a permit will not result in serious threats to manatees and that a hardship exists as a result of the speed restrictions imposed, commercial fishermen fulfilling the following requirements shall be granted a permit;

Possession of a current Saltwater Products License issued pursuant to Section 379.361, F.S., or of an equivalent freshwater license issued pursuant to Section 379.363, F.S., (if only freshwater species are taken), a current commercial vessel registration, and any other license(s) as may be required of commercial fishermen to operate within the particular county in which a permit is sought; and,
Completion of the permit application referenced in paragraph (6)(d) hereunder, including submittal of copies of all documents required in subparagraph (b)1., above.

(c) Upon a determination by the Office of Environmental Services that such a permit will not result in serious threats to manatees and that a hardship exists as a result of the speed restrictions imposed, professional fishing guides fulfilling the following requirements shall be granted a permit:

Possession of a current commercial vessel registration,
Possession of a current license from the U.S. Coast Guard authorizing the carriage of passengers for hire on the waters for which the permit is sought,
Possession of a current saltwater fishing license in accordance with Section 379.354, F.S., for vessels carrying customers wherein a fee is paid directly or indirectly (if saltwater species are taken),
Possession of other current occupational license(s) as may be required of professional fishing guides to operate within the particular county in which the permit is sought; and,
Completion of the permit application referenced in paragraph (6)(d), hereunder, including submittal of copies of all documents required in subparagraphs (c)1. through (c)4., above.

(d) A permit application form (“Application for Permit, Manatee Protection Zones”), Form No. FWC 68C-22.003-6 (6/96), which is hereby incorporated by reference, may be obtained from the Fish and Wildlife Conservation Commission, Office of Environmental Services, 620 South Meridian Street, Tallahassee, FL 32399, or from the Division of Law Enforcement office as designated under specific manatee protection zone rule provisions. The form shall include items for completion by commercial fishermen and professional fishing guides, imparting information necessary: (1) to show a justification of need by the applicant; and (2) for the Commission to make a determination as to the potential impacts of allowing the requested activities within specified regulated areas.

(e) Acceptance of a permit shall constitute evidence that the recipient agrees to maintain speeds of twenty (20) mph or less at all times while operating under a permit within the restricted area and to comply with any and all conditions set forth within the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)

(f) Permits granted under the provisions of this section shall be effective only for the time period specified in the permit, and only in the areas specified in the notice. Permits may only be utilized by the fisherman or guide in whose name it is issued, only while aboard the vessel identified on the permit, and only when engaged in their customary fishing or guiding practices, as applicable. For guides, permits apply only when paying customers are aboard.

(7) Testing of Motors or Vessels by Manufacturers: The following provisions pertain to boat motor and vessel testing operations by manufacturers. As provided in subsection (1), permits shall be issued by the Commission only upon both a showing of justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits shall be in effect for five (5) years, or for a shorter period if requested by the applicant, and shall only be issued upon written application as specified within paragraph (7)(a), hereunder. Permits are non-transferable and shall only be issued from speed restrictions appearing in Chapter 68C-22, F.A.C., which were established after June 1, 1990.

(a) Permits shall be granted only upon:

Submission of a request in writing to the Office of Environmental Services clearly stating:

a. The geographic areas within which testing is to be conducted (The written description shall be accompanied by navigational charts or boater guide maps clearly indicating the proposed test course location and route),

b. The types of vessels/motors to be tested,

c. The estimated number of motors or vessels to be tested annually,

d. The estimated maximum number of motors or vessels to be tested at any one time within the restricted area,

e. The estimated maximum speeds at which vessels will travel during the tests; and,

f. The estimated number of qualified employees to work as vessel operators, and a brief description of their qualifications.

Submission of a statement of justification of need to utilize specific waterways or specific portions of waterways within areas for which manatee speed zone protection has been established, clearly demonstrating a substantial hardship (economic, operational or other) to the manufacturer. Such a statement must detail why, and under what circumstances, other waters are inappropriate for such testing purposes.

(b) Acceptance of a permit shall constitute evidence that the recipient (and his/her authorized employees) agrees to:

Carry on the vessel a copy of the permit and, an identification as an employee of a corporation or firm actively engaged in the manufacture of boat motors or vessels,
Unless otherwise provided in the permit, operate only between sun-up and sundown, Monday through Friday, and sun-up Saturday through noon, not on Sundays or on state-recognized holidays; and,
Comply with any and all conditions set forth in the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)

Testing – The act by a manufacturer of evaluating a boat motor or vessel for the purposes of determining its operational characteristics. Such operational characteristics shall include, but not be limited to, those pertaining to product designs, endurance, performance, and safety.
Boat motor manufacturer – An entity engaged in the production of boat motors from basic components for the purpose of sale.
Vessel manufacturer – An entity engaged in the production of vessels from basic components for the purpose of sale.
Vessel – Vessel is synonymous with boat, as referenced in Section 1(b), Article VII, of the State Constitution, and includes every description of watercraft, barge, and airboat other than a seaplane on the water used or capable of being used as a means of transportation on water.

(8) Resident Access Through Speed-controlled Areas: For the sole purpose of allowing ingress and egress to persons who must travel through speed zones established under Chapter 68C-22, F.A.C., to access private residences, boat houses, or boat docks, except as provided under subsections (4) and (5), above, who would otherwise be physically precluded water access because of speed restrictions (such that shoaling or other physical factors would require residents to exceed such speed restrictions), the Commission shall grant a non-transferable resident permit upon a demonstration of just cause, as set forth in paragraph (8)(a), hereunder, and upon a finding that issuance of such a permit will not pose a serious threat to manatees.

(a) The Office of Environmental Services, upon review by the Division of Law Enforcement, will consider a request for such a resident permit upon the receipt of a signed explanatory letter of intent from the affected resident clearly demonstrating:

The need to exceed speed restrictions for ingress and egress purposes,
Justification for traveling at speeds greater than those established within designated zone on the basis of vessel and boat motor types/horsepower,
Evidence of property ownership or residency in said property,
Areas, as marked on an accompanying map and clearly described with permanent landmarks, where shoaling or other physical circumstances warrant exception to restrictive provisions, and the minimum area/distance required for travel at speeds greater than those established within the designated zone; and,
Description(s) and vessel registration number(s) for vessel(s) owned by said resident for which a permit is requested.

(b) Acceptance of a permit shall constitute evidence that the recipient agrees to maintain speeds of twenty-five (25) MPH or less at all times while operating under a permit unless otherwise provided in the permit, to hold said permit on the vessel at all times, and to comply with any and all conditions set forth within the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)

(c) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the notice.

(d) If the area for which a permit has been issued is dredged, the permit recipient shall so notify the Commission.

(9) Boat Races: The following provisions pertain to powerboat racing. In those speed zones wherein such intent was provided and specified at the time of zone establishment and as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits are non-transferable and shall only be considered upon written application as specified hereunder.

(a) The application must, at a minimum, contain enough information to demonstrate:

The nature and scope of the racing event, including estimated numbers of vessels to be involved, the nature and configuration of the vessels, and the maximum speeds anticipated,
The specific area within which the racing event is requested, described in the application and depicted on a nautical chart,
The intended date(s) of the racing event; and,
Justification for holding the racing event within waters regulated for manatee protection, clearly demonstrating why an alternative site is unsuitable or unavailable.

(b) Failure to comply with the permit or associated conditions, or any finding of fraudulent use or application for said permit, shall be cause for the immediate revocation of the permit, including suspension of permit privileges prior to or during the permitted event. (Examples of types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)

(c) If a single manatee is struck or killed by a vessel operating above the posted speed limit pursuant to a permit under these provisions, the permit shall be automatically and immediately rescinded.

(d) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the permit.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.03, Amended 12-30-86, 8-28-90, 12-25-91, 6-16-93, Formerly 16N-22.003, Amended 6-25-96, 5-12-98, Formerly 62N-22.003.

Fla. Admin. Code R. 68C-22.004 Management Provisions

Regulations established pursuant to Section 379.2431(2), F.S., and Rule 68C-22.001, F.A.C., shall be marked by regulatory markers that conform to Chapter 68D-23, F.A.C., Uniform Waterway Markers in Florida Waters. Where conflicting speed or operational restrictions are established by law or pursuant to law, the more restrictive shall be posted and shall apply.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.04, Amended 12-30-86, 12-25-91, Formerly 16N-22.004, 62N-22.004, Amended 12-23-03.

Fla. Admin. Code R. 68C-22.005 Lee County Zones

(1) The Commission hereby designates the waters within Lee County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined that they are consistent with manatee protection needs.

(2) The following year-round and seasonal zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, and boat basins unless otherwise designated or excluded. Access to the No Entry zones designated in paragraph (2)(a), will be provided in accordance with procedures set forth in subsection (4), hereunder, and applicable provisions of Rule 68C-22.003, F.A.C.

(a) No Entry (November 15 ‒ March 31) – Tice Power Plant Area: All waters of the discharge canal north of the general contour of the northern shoreline of the Orange River and south of State Road No. 80; and all waters of the intake canal south of the general contour of the southern shoreline of the Caloosahatchee River on the northeast side of the power plant.

(b) Idle Speed (All Year) – All waters of the Orange River south of the river’s confluence with the Caloosahatchee River and west of the centerline of Buckingham Road, except as otherwise designated under paragraph (2)(a).

(c) Idle Speed (All Year)/ICW Channel 25 MPH (April 1 ‒ November 14) – All waters of the Caloosahatchee River east of the centerline of the Seaboard Coastline Railroad trestle that crosses Beautiful Island and west of a line that bears 147° from a point (approximate latitude 26° 41' 59'' North, approximate longitude 81° 47' 25'' West) on the southernmost tip of the mangrove peninsula at the west end of Thompson Cutoff. The portion of the marked Intracoastal Waterway (Okeechobee Waterway) channel in this area is regulated at Idle Speed between November 15 and March 31 and at a maximum speed of twenty-five (25) mph for the remainder of the year.

(d) Slow Speed (All Year) –

North Matlacha Pass Area: All waters of Matlacha Pass, south of a line that bears 90° and 270° from Matlacha Pass Green Channel Marker “77” (approximate latitude 26° 40' 00'' North, approximate longitude 82° 06' 00'' West), and north of Pine Island Road (State Road No. 78), excluding the portion of the marked channel otherwise designated under subparagraph (2)(h)3., and those waters described under sub-subparagraphs (2)(d)1.a. and (2)(d)1.b.

a. The following waters of Buzzard Bay are excluded from the Slow Speed zone designated under subparagraph (2)(d)1.: All waters of Buzzard Bay east and northeast of a line beginning at a point (approximate latitude 26° 40' 00'' North, approximate longitude 82° 05' 20'' West) on the southwest shoreline of an unnamed mangrove island east of Matlacha Pass Green Channel Marker “77” and bearing 219° to the northeasternmost point (approximate latitude 26° 39' 58'' North, approximate longitude 82° 05' 23'' West) of another unnamed mangrove island, then running along the eastern shoreline of said island to its southeasternmost point (approximate latitude 26° 39' 36'' North, approximate longitude 81° 05' 09'' West), then bearing 115° to the westernmost point (approximate latitude 26° 39' 34'' North, approximate longitude 82° 05' 05'' West) of the unnamed mangrove island to the southeast, then running along the western shoreline of said island to its southwesternmost point (approximate latitude 26° 39' 22'' North, approximate longitude 82° 04' 53'' West), then bearing 123° to the northwesternmost point (approximate latitude 26° 39' 21'' North, approximate longitude 82° 04' 52'' West) of an unnamed mangrove island, then running along the western shoreline of said island to its southeasternmost point (approximate latitude 26° 39' 09'' North, approximate longitude 82° 04' 44'' West), then bearing 103° to the northwesternmost point (approximate latitude 26° 39' 08'' North, approximate longitude 82° 04' 41'' West) of a peninsula on the unnamed mangrove island to the southeast, then running along the southwestern shoreline of said island to its southeasternmost point (approximate latitude 26° 38' 51'' North, approximate longitude 82° 04' 18'' West), then bearing 99° to the southernmost point (approximate latitude 26° 38' 50'' North, approximate longitude 82° 04' 03'' West) of the unnamed mangrove island to the east, then bearing 90° to the line’s terminus at a point (approximate latitude 26° 38' 50'' North, approximate longitude 82° 03' 55'' West) on the eastern shoreline of Matlacha Pass.

b. The following waters of North Pine Island Creek and Matlacha Pass are excluded from the Slow Speed zone designated under subparagraph (2)(d)1.: All waters of Pine Island Creek and Matlacha Pass north of Pine Island Road, west of a line bearing 360° from the northernmost point (approximate latitude 26° 39' 54'' North, approximate longitude 82° 06' 19'' West) of an unnamed island near the western shoreline of Matlacha Pass west of Matlacha Pass Green Channel Marker “77,” and west and southwest of a line beginning at said northernmost point of an unnamed island, then running along the eastern shoreline of said island to its southernmost point (approximate latitude 26° 39' 18'' North, approximate longitude 82° 06' 24'' West), then bearing 128° to the northernmost point (approximate latitude 26° 39' 12'' North, approximate longitude 82° 06' 17'' West) of an unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southeasternmost point (approximate latitude 26° 39' 00'' North, approximate longitude 82° 06' 09'' West), then bearing 138° to a point (approximate latitude 26° 38' 45'' North, approximate longitude 82° 05' 53'' West) on the northern shoreline of Bear Key, then running along the northern shoreline of Bear Key to its easternmost point (approximate latitude 26° 38' 44'' North, approximate longitude 82° 05' 46'' West), then bearing 85° to the westernmost point (approximate latitude 26° 38' 45'' North, approximate longitude 82° 05' 32'' West) of Deer Key, then running along the northern shoreline of Deer Key to its easternmost point (approximate latitude 26° 38' 46'' North, approximate longitude 82° 05' 22'' West), then bearing 103° to the northwesternmost point (approximate latitude 26° 38' 45'' North, approximate longitude 82° 05' 17'' West) of the unnamed mangrove island to the east, then running along the western shoreline of said island to its southernmost point (approximate latitude 26° 38' 30'' North, approximate longitude 82° 05' 04'' West), then bearing 106° to the westernmost point (approximate latitude 26° 38' 30'' North, approximate longitude 82° 04' 57'' West) of the unnamed island to the southeast, then running along the northern and eastern shorelines of said island to a point (approximate latitude 26° 38' 23'' North, approximate longitude 82° 04' 51'' West) on its eastern shoreline, then bearing 113° to the northernmost point of West Island (approximate latitude 26° 38' 21'' North, approximate longitude 82° 04' 37'' West), then running along the western shoreline of West Island to the point where the line intersects Pine Island Road.

South Matlacha Pass Area: All waters of Matlacha Pass, St. James Creek, and San Carlos Bay, south of Pine Island Road (State Road No. 78), north of a line 500 feet northwest of and parallel to the main marked channel of the Intracoastal Waterway, west of a line that bears 302° from Intracoastal Waterway Green Channel Marker “99” (approximate latitude 26° 31' 00'' North, approximate longitude 82° 00' 52'' West), and east of a line that bears 360° from Intracoastal Waterway Red Channel Marker “10” (approximate latitude 26° 29' 16'' North, approximate longitude 82° 03' 35'' West), excluding the portions of the marked channels otherwise designated under subparagraphs (2)(h)4. and (2)(h)5., and those waters described under sub-subparagraphs (2)(d)2.a. through (2)(d)2.d.

a. The following waters in western Matlacha Pass are excluded from the Slow Speed zone designated under subparagraph (2)(d)2.: All waters of Matlacha Pass south of Pine Island Road and west of the western shoreline of West Island and a line beginning at the southernmost point (approximate latitude 26° 37' 25'' North, approximate longitude 82° 04' 17'' West) of West Island and bearing 149° to the northernmost point (approximate latitude 26° 37' 18'' North, approximate longitude 82° 04' 12'' West) of the unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southernmost point (approximate latitude 26° 36' 55'' North, approximate longitude 82° 04' 02'' West), then bearing 163° to the line’s terminus at a point (approximate latitude 26° 36' 44'' North, approximate longitude 82° 03' 58'' West) on the eastern shoreline of Little Pine Island.

b. The following waters in eastern Matlacha Pass/Pontoon Bay are excluded from the Slow Speed zone designated under subparagraph (2)(d)2.: All waters of Matlacha Pass, Pontoon Bay, and associated embayments south of Pine Island Road and east of a line beginning at a point (approximate latitude 26° 38' 12'' North, approximate longitude 82° 03' 46'' West) on the northwestern shoreline of the embayment on the east side of Matlacha Pass, immediately south of Pine Island Road and then running along the eastern shoreline of the unnamed island to the south to its southeasternmost point (approximate latitude 26° 37' 30'' North, approximate longitude 82° 03' 22'' West), then bearing 163° to the northwesternmost point of the unnamed island to the south, then running along the western shoreline of said island to its southernmost point (approximate latitude 26° 37' 15'' North, approximate longitude 82° 03' 15'' West), then bearing 186° to the line’s terminus at a point (approximate latitude 26° 37' 10'' North, approximate longitude 82° 03' 16'' West) on the eastern shoreline of Matlacha Pass.

c. The following waters of South Pine Island Creek and Matlacha Pass are excluded from the Slow Speed zone designated under subparagraph (2)(d)2.: All waters of Pine Island Creek south of Pine Island Road; and all waters of Matlacha Pass, Rock Creek, and the Mud Hole, west of a line beginning at a point (approximate latitude 26° 33' 52'' North, approximate longitude 82° 04' 53'' West) on the western shoreline of Matlacha Pass and bearing 22° to a point (approximate latitude 26° 34' 09'' North, approximate longitude 82° 04' 45'' West) on the southern shoreline of the unnamed island to the northeast, then running along the southern and eastern shorelines of said island to a point (approximate latitude 26° 34' 15'' North, approximate longitude 82° 04' 39'' West) on its northeastern shoreline, then bearing 24° to a point (approximate latitude 26° 34' 21'' North, approximate longitude 82° 04' 36'' West) on the southern shoreline of the large unnamed island to the north, then running along the southern and eastern shorelines of said island to a point (approximate latitude 26° 34' 31'' North, approximate longitude 82° 04' 29'' West) on its eastern shoreline, then bearing 41° to the southernmost point (approximate latitude 26° 34' 39'' North, approximate longitude 82° 04' 22'' West) of another unnamed island to the northeast, then running along the eastern shoreline of said island to its northwesternmost point (approximate latitude 26° 35' 22'' North, approximate longitude 82° 04' 07'' West), then bearing 2° to the southernmost point (approximate latitude 26° 35' 32'' North, approximate longitude 82° 04' 07'' West) of the unnamed island to the north, then running along the eastern shoreline of said island to its northernmost point (approximate latitude 26° 35' 51'' North, approximate longitude 82° 03' 59'' West), then bearing 353° to the line’s terminus at a point (approximate latitude 26° 36' 08'' North, approximate longitude 82° 04' 01'' West) on the eastern shoreline of Little Pine Island.

d. The following waters of Punta Blanca Bay and Punta Blanca Creek are excluded from the Slow Speed zone designated under subparagraph (2)(d)2.: All waters of Punta Blanca Bay and Punta Blanca Creek, east of the eastern shoreline of Matlacha Pass and east and north of the eastern and northern shorelines of San Carlos Bay.

San Carlos Bay: All waters of San Carlos Bay south of the main marked channel of the Intracoastal Waterway, north and west of the Sanibel Causeway, west of a line beginning at a point (approximate latitude 26° 28' 57'' North, approximate longitude 82° 01' 04'' West) on the Sanibel Causeway, then running along the western boundary of the marked channel that runs between Sanibel Causeway and the Intracoastal Waterway to Channel Marker “15” (approximate latitude 26° 30' 24'' North, approximate longitude 82° 01' 06'' West), then bearing 339° to the line’s terminus at a point (approximate latitude 26° 30' 33'' North, approximate longitude 82° 01' 10'' West) on the southern boundary of the main marked channel of the Intracoastal Waterway, and east of a line that bears approximately 316° from the westernmost point (approximate latitude 26° 28' 34'' North, approximate longitude 82° 01' 34'' West) of the easternmost Sanibel Causeway island to Intracoastal Waterway Green Channel Marker “7” (approximate latitude 26° 29' 40'' North, approximate longitude 82° 02' 46'' West), excluding those waters within 700 feet of the Sanibel Causeway.
Punta Rassa and Shell Creek Area: All waters of San Carlos Bay and Punta Rassa Cove east of a line that bears 352° from the northernmost tip of the northern peninsula on Punta Rassa (approximate latitude 26° 29' 44'' North, approximate longitude 82° 00' 33'' West), and south of a line that bears 122° from Intracoastal Waterway Green Channel Marker “99” (approximate latitude 26° 31' 00'' North, approximate longitude 82° 00' 52'' West), including all waters of Shell Creek and associated waterways.
Mouth of the Caloosahatchee River and the Big Shell Island/Shell Point Area: All waters of San Carlos Bay and the Caloosahatchee River, including the residential canals of Cape Coral, northeast of a line that bears 302° and 122° from Intracoastal Waterway Green Channel Marker “99” (approximate latitude 26° 31' 00'' North, approximate longitude 82° 00' 52'' West), west of a line that bears 346° from Intracoastal Waterway Green Channel Marker “93” (approximate latitude 26° 31' 37'' North, approximate longitude 81° 59' 46'' West), and north and northwest of the general contour of the northwestern shoreline of Shell Point and a line that bears approximately 74° from the northernmost tip (approximate latitude 26° 31' 31'' North, approximate longitude 81° 59' 57'' West) of Shell Point to said Intracoastal Waterway Green Channel Marker “93”, excluding the waters of Jewfish Creek.
Caloosahatchee River Area:

a. Cape Coral to North Fort Myers Area: All waters of the Caloosahatchee River, Hancock Creek, and associated waterways of Cape Coral and North Fort Myers, east of a line that bears 346° from Intracoastal Waterway Green Channel Marker “93” (approximate latitude 26° 31' 37'' North, approximate longitude 81° 59' 46'' West), west of a line that bears 160° from a point (approximate latitude 26° 39' 25'' North, approximate longitude 81° 53' 17'' West) on the northern shoreline of the Caloosahatchee River approximately 1600 feet southwest of the centerline of U.S. Highway No. 41, and north and northwest of a line one quarter (1/4) mile south and southeast of and parallel to the general contour of the northern shoreline of the Caloosahatchee River, excluding the marked channel of the Intracoastal Waterway.

b. Shell Point to Fort Myers Area: All waters of the Caloosahatchee River, Deep Lagoon, and Whiskey Creek, southeast of a line that bears approximately 74° from the northernmost tip (approximate latitude 26° 31' 31'' North, approximate longitude 81° 59' 57'' West) of Shell Point to Intracoastal Waterway Green Channel Marker “93” (approximate latitude 26° 31' 37'' North, approximate longitude 81° 59' 46'' West), west of a line 1100 feet southwest of and parallel to the centerline of the U.S. Highway No. 41 Bridge, and south and southeast of a line 1/4 mile north and northwest of and parallel to the general contour of the southern shoreline of the Caloosahatchee River, excluding the marked channel of the Intracoastal Waterway.

c. Redfish Point Area: All waters of the Caloosahatchee River south of lines that bear 90° and 296° from Intracoastal Waterway Red Channel Marker “72” (approximate latitude 26° 32' 43" North, approximate longitude 81° 56' 16" West) and northeast of lines that bear 140° and 320° from Intracoastal Waterway Red Channel Marker “76” (approximate latitude 26° 32' 16" North, approximate longitude 81° 56' 43" West), excluding the portion of the marked Intracoastal Waterway channel otherwise designated under subparagraph (2)(h)6.

d. Fort Myers Area: All waters of the Caloosahatchee River northeast of a line 1100 feet southwest of and parallel to the centerline of the U.S. Highway No. 41 Bridge, southwest of the eastern side of the easternmost Edison Memorial Bridge, and southeast of a line one quarter (1/4) mile north and northwest of and parallel to the general contour of the southern shoreline of the Caloosahatchee River.

e. Fort Myers to Seaboard Coastline Railroad Area: All waters of the Caloosahatchee River and Billy Creek east of the eastern side of the easternmost Edison Memorial Bridge, and west of the centerline of the Seaboard Coastline Railroad trestle near Beautiful Island, excluding the portion of the marked Intracoastal Waterway channel otherwise designated under subparagraph (2)(h)7.

f. All cutoffs, oxbows, boat basins, and canals off of the Caloosahatchee River, including Owl Creek and Trout Creek, east of the centerline of the State Road No. 31 Bridge and west of the W.P. Franklin Lock and Water Control Structure.

g. W.P. Franklin Lock and Water Control Structure Area: All waters of the Caloosahatchee River within one quarter (1/4) mile east of the easternmost end of the lock and within one quarter (1/4) mile west of the westernmost end of the lock.

Fort Myers Beach Area: All waters of Matanzas Pass east of a line that bears 360° from the northernmost tip (approximate latitude 26° 27' 56'' North, approximate longitude 82° 58' 04'' West) of Estero Island, west of a line that bears 340° from a point (approximate latitude 26° 25' 56'' North, approximate longitude 81° 54' 25'' West) on the northern tip of an unnamed mangrove peninsula on the northeastern shoreline of Estero Island, and south and southwest of the general contour of the southwestern shorelines of the islands forming the northern shoreline of Matanzas Pass, a line that bears 312° from the northwesternmost point of Julies Island (approximate latitude 26° 26' 37'' North, approximate longitude 81° 54' 57'' West), a line that bears 104° from a point (approximate latitude 26° 27' 23'' North, approximate longitude 81° 56' 16'' West) on the southeastern tip of San Carlos Island, and a line that bears 313° from the northwesternmost point (approximate latitude 26° 28' 01'' North, approximate longitude 82° 57' 17'' West) of San Carlos Island.
San Carlos Island and Pelican Bay Area: All waters of Pelican Bay north of the general contour of the northeastern shoreline of San Carlos Island, east of a line that bears 313° from the northwesternmost point (approximate latitude 26° 28' 01'' North, approximate longitude 82° 57' 17'' West) of San Carlos Island, and west of the centerline of San Carlos Boulevard (State Road No. 865).
Ten Mile Canal and Mullock Creek Area: All waters of Mullock Creek west of U.S. Highway No. 41, and east and northeast of a line that bears 135° and 315° from Red Channel Marker “18” (approximate latitude 26° 27' 46'' North, approximate longitude 81° 52' 00'' West) and all waters of Ten Mile Canal south of a line (approximate latitude 26° 30' 00'' North) 200 feet north of the centerline of U.S. Highway No. 41, excluding the portion of Mullock Creek otherwise designated under paragraph (2)(i).
Intrepid Waters, Fish Trap Bay, and Imperial River Area: All waters of Intrepid Waters, Fish Trap Bay, and the Imperial River south of a line that bears 90° from a point (approximate latitude 26° 20' 51'' North, approximate longitude 81° 50' 33'' West) on the eastern shoreline of Little Hickory Island, north of the Lee County/Collier County line, and west of the centerline of the State Road No. 887 bridge, excluding the portion of the marked channel otherwise designated under subparagraph (2)(h)12.
Sanibel Island Area: All waters of Pine Island Sound and San Carlos Bay east and south of the Wulfert Channel, west of a line that bears 360° from the northernmost tip (approximate latitude 26° 28' 08'' North, approximate longitude 82° 03' 35'' West) of Woodrings Point, and southwest and south of a line one quarter (1/4) mile northeast and north of and parallel to the general contour of the northeastern and northern shorelines of Sanibel Island and Wulfert Keys, including all waters of Tarpon Bay and associated bayous, canals and channels north and east of the centerline of the Sanibel-Captiva Road.

(e) Slow Speed (All Year)/ICW Channel 25 MPH (April 1 ‒ November 14) – All waters of the Caloosahatchee River and Thompson Cutoff, east of a line that bears 160° from a point (approximate latitude 26° 41' 59'' North, approximate longitude 81° 47' 25'' West) on the southernmost tip of the mangrove peninsula at the western end of Thompson Cutoff, and west of a line that bears 180° from a point (approximate latitude 26° 42' 10'' North, approximate longitude 81° 46' 42'' West) on the northern shoreline of the Caloosahatchee River at the eastern end of Thompson Cutoff, except as otherwise designated under paragraph (2)(a). The portion of the marked Intracoastal Waterway (Okeechobee Waterway) channel in this area is regulated at Slow Speed between November 15 and March 31 and at a maximum speed of twenty-five (25) mph for the remainder of the year.

(f) Slow Speed (April 1 ‒ November 15)/25 MPH (Remainder of Year) –

Hurricane Bay Area: All waters of Hurricane Bay east of the centerline of San Carlos Boulevard (State Road No. 865), north of the general contour of the northeastern shoreline of San Carlos Island and a line that bears 104° from a point (approximate latitude 26° 27' 23'' North, approximate longitude 81° 56' 16'' West) on the southeastern tip of San Carlos Island, and west of a point (approximate latitude 26° 27' 36" North, approximate longitude 81° 55' 31" West) in the waterway connecting Hurricane Bay and Hell Peckney Bay, excluding the portions of the marked channels otherwise designated under subparagraph (2)(h)8.
North Estero Bay Area: All waters of Estero Bay east of a line beginning at the westernmost point (approximate latitude 26° 26' 11'' North, approximate longitude 81° 54' 32'' West) of the unnamed island southeast of Julies Island and running along the northwestern shoreline of said island to its northernmost point (approximate latitude 26° 26' 16" North, approximate longitude 81° 54' 27" West), then bearing 31° to a point (approximate latitude 26° 26' 20" North, approximate longitude 81° 54' 24" West) on the southwestern shoreline of an unnamed island to the northeast, then running along said island’s western and then northern shorelines to a point (approximate latitude 26° 26' 35" North, approximate longitude 81° 54' 23" West) on the island’s northeastern shoreline, then bearing 55° to the line’s terminus on the eastern shoreline of Hell Peckney, a line that bears 340° from a point (approximate latitude 26° 25' 56'' North, approximate longitude 81° 54' 25'' West) on the northern tip of an unnamed mangrove peninsula on the northeastern shoreline of Estero Island, and the northern shoreline of Estero Island, south of a line that bears 45° from a point (approximate latitude 26° 27' 38" North, approximate longitude 81° 52' 16" West) on the shoreline near the southern end of Hendry Creek and lines that bear 135° and 315° from Red Channel Marker “18” (approximate latitude 26° 27' 46'' North, approximate longitude 81° 52' 00'' West) in Mullock Creek, and north of a line that bears 72° from the northernmost point (approximate latitude 26° 24' 22'' North, approximate longitude 81° 52' 34'' West) of Black Island, including the waters of Buccaneer Lagoon at the southern end of Estero Island, but excluding the portions of the marked channels otherwise designated under subparagraph (2)(h)11., the Estero River, and the waters of Big Carlos Pass east of a line beginning at a point (approximate latitude 26° 24' 34'' North, approximate longitude 81° 53' 05'' West) on the eastern shoreline of Estero Island and bearing 36° to a point (approximate latitude 26° 24' 40'' North, approximate longitude 81° 53' 00'' West) on the southern shoreline of Coon Key, south of a line beginning at a point (approximate latitude 26° 24' 36'' North, approximate longitude 81° 52' 30'' West) on the eastern shoreline of Coon Key and bearing 106° to a point (approximate latitude 26° 24' 39'' North, approximate longitude 81° 52' 34'' West) on the southwestern shoreline of the unnamed mangrove island north of Black Island, and west of a line beginning at a point (approximate latitude 26° 24' 36'' North, approximate longitude 81° 52' 30'' West) on the southern shoreline of said unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate latitude 26° 24' 22'' North, approximate longitude 81° 52' 34'' West) of Black Island.
South Estero Bay and Big Hickory Bay Area: All waters of Estero Bay and Big Hickory Bay south of a line that bears 72° from the northernmost point (approximate latitude 26° 24' 22'' North, approximate longitude 81° 52' 34'' West) of Black Island, east of the centerline of State Road No. 865 (but including the waters of the embayment on the eastern side of Black Island and the waters inshore of the mouth of Big Hickory Pass that are west of State Road No. 865), and north of a line that bears 90° from a point (approximate latitude 26° 20' 51'' North, approximate longitude 81° 50' 33'' West) on the eastern shoreline of Little Hickory Island, excluding Spring Creek, the portions of the marked channels otherwise designated under subparagraph (2)(h)11., and the portion of Big Hickory Bay otherwise designated under subparagraph (2)(h)13.

(g) Slow Speed (April 1 ‒ November 15) –

Cayo Costa/Pelican Bay Area: All waters of Pelican Bay south and west of a line that bears 320° from a point (approximate latitude 26° 41' 32'' North, approximate longitude 82° 14' 23'' West) on the northern end of Punta Blanca Island, north and northwest of a line that bears 80° from the southernmost tip of Primo Point (approximate latitude 26° 40' 28'' North, approximate longitude 82° 14' 06'' West), and west and southwest of the western shoreline of Punta Blanca Island.
North Captiva Island Area: All waters of Safety Harbor west and northwest of a line that bears 198° from the southeasternmost tip (approximate latitude 26° 35' 56'' North, approximate longitude 82° 12' 50'' West) of the peninsula lying on the northeastern side of Safety Harbor.
Captiva Island Area: All waters of Pine Island Sound south of a line that bears 90° from the northernmost tip (approximate latitude 26° 23' 11'' North, approximate longitude 82° 11' 55'' West) of Captiva Island, north and west of the Wulfert Channel, and west and south of a line one quarter (1/4) mile east of and parallel to the general contour of the eastern shoreline of Captiva Island and Buck Key, including all waters of associated bayous, canals and channels north and east of the centerline of the Sanibel-Captiva Road.
Chino Island, York Island, and St. James City Area: All canals and boat basins of St. James City and the waters known as Long Cut and Short Cut; and all waters of Pine Island Sound and San Carlos Bay south of a line beginning at the southernmost tip (approximate latitude 26° 31' 28'' North, approximate longitude 82° 06' 19'' West) of a mangrove peninsula on the western shore of Pine Island approximately 2200 feet north of Galt Island and bearing 309° to the southeasternmost point (approximate latitude 26° 31' 32'' North, approximate longitude 82° 06' 25'' West) of another mangrove peninsula, then running along the southern shoreline of said peninsula to its southwesternmost point (approximate latitude 26° 31' 40'' North, approximate longitude 82° 06' 38'' West), then bearing 248° to a point (approximate latitude 26° 31' 40'' North, approximate longitude 82° 06' 39'' West) on the eastern shoreline of an unnamed mangrove island, then running along the southern shoreline of said island to its southwesternmost point (approximate latitude 26° 31' 39'' North, approximate longitude 82° 06' 44'' West), then bearing 206° to the line’s terminus at the northernmost point of the Mac Keever Keys (approximate latitude 26° 31' 09'' North, approximate longitude 82° 07' 09'' West), east of a line beginning at said northernmost point of the Mac Keever Keys and running along and between the general contour of the western shorelines of said keys to a point (approximate latitude 26° 30' 27'' North, approximate longitude 82° 07' 08'' West) on the southernmost of the Mac Keever Keys, then bearing 201° to a point (approximate latitude 26° 30' 01'' North, approximate longitude 82° 07' 19'' West) approximately 150 feet due east of the southeasternmost point of Chino Island, then bearing approximately 162° to Red Intracoastal Waterway Channel Marker “22” (approximate latitude 26° 28' 57'' North, approximate longitude 82° 06' 55'' West), then bearing approximately 117° to the line’s terminus at Red Intracoastal Waterway Channel Marker “20” (approximate latitude 26° 28' 45'' North, approximate longitude 82° 06' 38'' West), north of a line beginning at said Red Intracoastal Waterway Channel Marker “20'' and bearing 86° to a point (approximate latitude 26° 28' 50'' North, approximate longitude 82°05'48'' West) one quarter (1/4) mile south of York Island, then running parallel to and one quarter (1/4) mile south of the general contour of the southern shorelines of York Island and Pine Island to the line’s terminus at a point on a line bearing 360° from Red Intracoastal Waterway Channel Marker “10” (approximate latitude 26° 29' 16'' North, approximate longitude 82° 03' 35'' West), and west and southwest of the general contour of the western and southern shorelines of Pine Island and a line that bears 360° from said Red Intracoastal Waterway Channel Marker “10”, excluding the portion of the marked channel otherwise designated under subparagraph (2)(h)2.

(h) 25 MPH (All Year) –

Wulfert Channel: All waters within the marked channel known as Wulfert Channel, which connects Pine Island Sound with the Gulf of America through Blind Pass, east of the centerline of the Sanibel-Captiva Road Bridge and west of a line one-quarter (1/4) mile east of and parallel to the general contour of the eastern shoreline of Sanibel Island. This restriction is in effect only between April 1 and November 15.
Cherry Estates Channel: All waters of the marked channel that runs adjacent to the power lines from the Cherry Estates area of St. James City into Pine Island Sound, east of the western boundary of the zone designated under subparagraph (2)(g)4., and west of a line perpendicular to the power lines that begins at the easternmost point (approximate latitude 26° 30' 25'' North, approximate longitude 82° 06' 15'' West) of the mangrove island on the north side of the power lines approximately 1800 feet southwest of the Galt Island Causeway. This restriction is in effect only between April 1 and November 15. This designation only applies if a channel is marked in accordance with permits issued by all applicable state and federal authorities. In the absence of a properly permitted channel, this area is as designated under subparagraph (2)(g)4.
North Matlacha Pass Channel: All waters within the main marked channel in Matlacha Pass south of Green Channel Marker “77” (approximate latitude 26° 40' 00'' North, approximate longitude 82° 06' 00'' West) and north of a line perpendicular to the channel at a point in the channel one quarter (1/4) mile northwest of the Pine Island Road Bridge.
South Matlacha Pass Channel: All waters within the main marked channel in Matlacha Pass south of a line perpendicular to the channel at a point in the channel one quarter (1/4) mile southeast of the Pine Island Road Bridge, and north of a line 500 feet northwest of and parallel to the main marked channel of the Intracoastal Waterway (just north of Green Channel Marker “1”).
South Matlacha Pass/Sword Point Channel: All waters within the marked channel in Matlacha Pass that intersects the main Matlacha Pass channel near Green Channel Marker “15” (approximate latitude 26° 31' 57'' North, approximate longitude 82° 03' 38'' West) and intersects the main marked channel of the Intracoastal Waterway near Green Channel Marker “101” (approximate latitude 26° 30' 39'' North, approximate longitude 82° 01' 00" West).
ICW channel, Redfish Point Area: All waters of the marked Intracoastal Waterway channel between Red Channel Marker “72” (approximate latitude 26° 32' 43" North, approximate longitude 81° 56' 16" West) and Red Channel Marker “76” (approximate latitude 26° 32' 16" North, approximate longitude 81° 56' 43" West).
ICW channel, Fort Myers to Seaboard Coastline Railroad: All waters of the marked Intracoastal Waterway (Okeechobee Waterway) channel east of the eastern side of the easternmost Edison Memorial Bridge and west of the centerline of the Seaboard Coastline Railroad trestle near Beautiful Island.
Hurricane Bay channels: All waters within the main marked channel of Hurricane Bay east of the centerline of San Carlos Boulevard (State Road No. 865) and north of where the channel enters Matanzas Pass at Green Channel Marker “5” (approximate latitude 26° 27' 22'' North, approximate longitude 81° 56' 12'' West); and all waters within that portion of the channel leading to Bayside Estates south of Green Channel Marker “23” (approximate latitude 26° 28' 27'' North, approximate longitude 81° 56' 39" West).
Hell Peckney Bay: All waters of Hell Peckney Bay south and east of a point (approximate latitude 26° 27' 36" North, approximate longitude 81° 55' 31" West) in the waterway connecting Hell Peckney Bay and Hurricane Bay, northeast of the northern shorelines of Julies Island and the unnamed island immediately northwest of Julies Island, a line that bears 312° from the northwesternmost point of Julies Island (approximate latitude 26° 26' 37'' North, approximate longitude 81° 54' 57'' West), and a line that bears 306° from the westernmost point (approximate latitude 26° 26' 11'' North, approximate longitude 81° 54' 32'' West) of the unnamed island southeast of Julies Island, northwest of a line beginning at the aforementioned westernmost point (approximate latitude 26° 26' 11'' North, approximate longitude 81° 54' 32'' West) of the unnamed island southeast of Julies Island and running along the northwestern shoreline of said island to its northernmost point (approximate latitude 26° 26' 16" North, approximate longitude 81° 54' 27" West), then bearing 31° to a point (approximate latitude 26° 26' 20" North, approximate longitude 81° 54' 24" West) on the southwestern shoreline of an unnamed island to the northeast, then running along said island’s western and then northern shorelines to a point (approximate latitude 26° 26' 35" North, approximate longitude 81° 54' 23" West) on the island’s northeastern shoreline, then bearing 55° to the line’s terminus on the eastern shoreline of Hell Peckney Bay.
Hendry Creek: All waters of Hendry Creek north of a line that bears 45° from a point (approximate latitude 26° 27' 38" North, approximate longitude 81° 52' 16" West) on the shoreline near the southern end of Hendry Creek.
Estero Bay Area channels: All waters within the portions of the marked channels of Estero Bay and Big Hickory Bay as described below:

a. North Estero Bay Channel: All waters of the main marked North-South channel in northern Estero Bay from Green Channel Marker “37” (approximate latitude 26° 26' 02'' North, approximate longitude 81° 54' 29" West) to Green Channel Marker “57” (approximate latitude 26° 25' 08'' North, approximate longitude 81° 53' 29'' West).

b. South Estero Bay Channel: All waters of the main marked North-South channel in southern Estero Bay south of a line beginning at a point (approximate latitude 26° 24' 36'' North, approximate longitude 81° 52' 30'' West) on the southern shoreline of the unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate latitude 26° 24' 22'' North, approximate longitude 81° 52' 34'' West) of Black Island, and north and east of Red Channel Marker “62” (approximate latitude 26° 21' 31'' North, approximate longitude 81° 51' 20'' West) in Broadway Channel; and all waters within the portion of the marked channel leading to the Gulf of America through New Pass, west of the North-South channel and east of State Road No. 865.

c. Mullock Creek Channel: All waters of the marked channel leading to Mullock Creek north of a line beginning at a point (approximate latitude 26° 24' 36'' North, approximate longitude 81° 52' 30'' West) on the eastern shoreline of Coon Key and bearing 106° to a point (approximate latitude 26° 24' 39'' North, approximate longitude 81° 52' 34'' West) on the southwestern shoreline of the unnamed mangrove island north of Black Island, and south of Red Channel Marker “18” (approximate latitude 26° 27' 46'' North, approximate longitude 81° 52' 00'' West).

d. Estero River Channel: All waters of the marked channel leading from the Mullock Creek Channel to the Estero River, west of the mouth of the Estero River. This designation only applies if a channel is marked in accordance with permits issued by all applicable state and federal authorities. In the absence of a properly permitted channel, this area is as designated under subparagraph (2)(f)3.

e. Alternate Route Channel: All waters of the marked channel commonly known as Alternate Route Channel, with said channel generally running between Channel Marker “1” (approximate latitude 26° 24' 29'' North, approximate longitude 81° 51' 53'' West) and Channel Marker “10” (approximate latitude 26° 24' 00'' North, approximate longitude 81° 51' 09'' West).

f. Coconut Channel: All waters of the marked channel commonly known as Coconut Channel, with said channel generally running between Channel Marker “1” (approximate latitude 26° 23' 44'' North, approximate longitude 81° 50' 55'' West) and Channel Marker “23” (approximate latitude 26° 24' 00'' North, approximate longitude 81° 50' 30'' West).

g. Southern Passage Channel: All waters of the marked channel commonly known as Southern Passage Channel, with said channel generally running between Channel Marker “1” (approximate latitude 26° 22' 58'' North, approximate longitude 81° 51' 57'' West) and Channel Marker “22” (approximate latitude 26° 23' 27'' North, approximate longitude 81° 50' 46'' West).

h. Spring Creek Channel: All waters of the marked channel leading from the Southern Passage Channel to Spring Creek, west of the mouth of Spring Creek.

Fish Trap Bay Channel: That portion of the marked channel in Fish Trap Bay beginning at Channel Marker “90” (approximate latitude 26° 20' 42'' North, approximate longitude 81° 50' 33'' West) and ending at Channel Marker “101” (approximate latitude 26° 20' 09'' North, approximate longitude 81° 50' 26'' West).
Big Hickory Bay Area: All waters of Big Hickory Bay north of a line that bears 90° from a point (approximate latitude 26° 20' 51'' North, approximate longitude 81° 50' 33'' West) on the eastern shoreline of Little Hickory Island, west of a line beginning at a point (approximate latitude 26° 20' 48'' North, approximate longitude 81° 50' 24'' West) on the southern shoreline of Big Hickory Bay and bearing 338° to a point (approximate latitude 26° 21' 39'' North, approximate longitude 81° 50' 48'' West) on the water in the northwestern end of Big Hickory Bay near the eastern end of Broadway Channel, south of a line beginning at said point on the water in the northwestern end of Big Hickory Bay and bearing 242° to the northernmost point (approximate latitude 26° 21' 39'' North, approximate longitude 81° 50' 50'' West) of the unnamed mangrove island south of Broadway Channel, and east of the eastern shoreline of said mangrove island and a line beginning at the southernmost point of said island (approximate latitude 26° 21' 07'' North, approximate longitude 81° 50' 58'' West) and bearing 167° to a point on Little Hickory Island (approximate latitude 26° 21' 03'' North, approximate longitude 81° 50' 57'' West).

(i) Depth-depentent Slow Speed or 25 MPH – All waters of Mullock Creek, excluding side creeks and embayments, between Red Channel Marker “18” (approximate latitude 26° 27' 46'' North, approximate longitude 81° 52' 00'' West) and Green Channel Marker “47” (approximate latitude 26° 28' 11'' North, approximate longitude 81° 51' 34'' West). Slow Speed is required in this area whenever the controlling water depth is greater than two feet (2'). Speeds of up to twenty-five (25) MPH are allowed whenever the controlling water depth is two feet (2') or less. For the purposes of this zone, the controlling water depth shall be defined as the water depth at the shallowest point of the creek between channel markers “18” and “47” as measured along the route that runs over the deepest water available.

(3) Commercial Fishing Permits: The following provisions pertain to the issuance of permits to allow individuals engaged in commercial fishing activities to operate their vessels in specified areas at speeds greater than the speed limits established under subsection (2), above. Procedures related to the application for and the review and issuance of these permits are as set forth in Rule 68C-22.003, F.A.C.

(a) Permits shall be limited as follows:

Permits shall only be available for the zones or portions of zones described under subparagraphs (2)(d)1. through (2)(d)4., (2)(d)10., (2)(f)2., (2)(f)3., (2)(g)1., (2)(g)3., and (2)(g)4.
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.
Permits shall only apply to commercial fishing activities for the setting of nets to encircle fish, and shall only allow speeds up to twenty (20) mph.

(b) Permit applications may be obtained at the Commission’s Law Enforcement office at 2423 Edwards Drive, Ft. Myers, Florida, or by contacting the Commission’s Division of Law Enforcement (Boating and Waterways Section) at 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-5600.

(4) Access to the No Entry zones designated in paragraph (2)(a), above, will be allowed for Florida Power and Light Company employees or their authorized agents provided that entry into the zones is necessary to conduct activities associated with maintenance, emergency operations or environmental monitoring. The Commission must receive notification of the activity prior to its commencement. In the event of an emergency activity, the Commission shall be notified no more than two weeks after the activity has been commenced. All vessels used in the operation or associated with the activity shall be operated at no greater than Idle Speed while within the zones and must have an observer on board to look for manatees. All routine activities associated with maintenance and environmental monitoring shall be halted when manatees are seen in the zones. Activities that are halted because of manatee presence may only proceed after the manatee(s) leave the area of their own volition.

(5) The zones described in subsection 68C-22.005(2), F.A.C., above are shown on the following maps, labeled “Lee County Manatee Protection Zones.” The maps are intended to be depictions of the above-described zones. In the event of conflict between the two, the above descriptions shall prevail.

(6) The amendments to Rule 68C-22.005, F.A.C., as approved by the Commission on April 14 and June 15, 2005, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.05, Amended 12-5-89, Formerly 16N-22.005, 62N-22.005, Amended 11-30-99, 7-17-01, 9-20-05.

Fla. Admin. Code R. 68C-22.006 Brevard County Zones

(1) The Commission hereby designates the waters within Brevard County, as described below, as areas where manatee sightings are frequent and where it can be assumed that manatees inhabit on a regular, periodic or continuous basis. The Commission has further determined that a likelihood of threat to manatees exists in these waters as a result of manatees and motorboats using the same areas. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In balancing the rights of fishers, boaters, and water skiers to use these waterways for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for unregulated areas or higher speed travel corridors through regulated areas. Such areas or corridors are provided in those locations where the Commission determined, on the basis of all available information, (1) there is a need for the area or corridor and (2) the area or corridor will not result in serious threats to manatees or their habitat. Unregulated areas or higher speed corridors are not provided in locations where both of the above findings were not made.

(2) The following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, and boat basins unless otherwise designated or excluded. As used in this rule, ICW means the Intracoastal Waterway. Access to the No Entry and Motorboats Prohibited zones designated in paragraphs (2)(a) and (b), will be provided in accordance with procedures set forth in subsection (4), hereunder, and applicable provisions of Rule 68C-22.003, F.A.C.

(a) No Entry (November 15 ‒ March 31)

Indian River, Reliant Corporation Delespine Power Plant Area: All waters within the discharge canal of the Reliant Corporation Delespine power plant, and; All waters southerly of a line extending eastward from and following the same bearing as the southernmost seawall of the power plant discharge canal, with said line bearing approximately 70°, westerly of a line 250 feet east of and parallel to the western shoreline of the Indian River, and northerly of the jetty on the north side of the power plant intake canal.
Indian River, FPL Frontenac Power Plant Area: All waters in the vicinity of the Florida Power and Light (FPL) Frontenac power plant southerly of a line connecting the northern guy wires of the power poles immediately north of the FPL Unit 2 discharge area from the western shoreline of the Indian River to the third power pole east of the western shoreline (approximately 1,650 feet east of the shoreline), and westerly of a line running from said third power pole to the easternmost point (approximate latitude 28° 28' 07'' North, approximate longitude 80° 45′ 19′′ West) of the jetty on the north side of the FPL intake canal.

(b) Motorboats Prohibited (All Year, except as noted) ‒

Indian River, Reliant Corporation Delespine Power Plant Area: All waters in the vicinity of the Reliant Corporation Delespine power plant southerly of a line bearing 90° from a point (approximate latitude 28° 29' 41'' North, approximate longitude 80° 46' 35'' West) on the western shoreline of the Indian River ninety-five feet (95') north of the northernmost seawall of the power plant discharge canal, westerly of a line 250 feet east of and parallel to the western shoreline of the Indian River, and northerly of a line extending eastward from and following the same bearing as the southernmost seawall of the power plant discharge canal, with said line bearing approximately 70°. This zone is in effect from November 15 through March 31.
C-54 Canal: All waters of the C-54 Canal (South Florida Water Management District Canal 54) east of the spillway (approximate latitude 27° 49' 50'' North, approximate longitude 80° 32' 24'' West) and west of a line drawn perpendicular to the northern shoreline of the C-54 Canal at a point (approximate latitude 27° 49' 55'' North, approximate longitude 80° 32' 00'' West) on the northern shoreline 2,500 feet east of the spillway.

Indian River, Power Plant Area: All waters west of the western boundary of the ICW channel, south of a line bearing 90° from a point (approximate latitude 28° 30' 13'' North, approximate longitude 80° 46' 48'' West) on the western shoreline of the Indian River approximately three-quarters (3/4) of a mile north of the Delespine power plant discharge canal, and north of a line bearing 90° from a point (approximate latitude 28° 27' 27'' North, approximate longitude 80° 45' 43'' West) on the western shoreline of the Indian River approximately three-fourths of a mile south of the Frontenac power plant discharge canal, except as otherwise designated under paragraph (2)(a) and subparagraph (b)1. This zone is in effect from November 15 through March 31.
Banana River, Cape Canaveral Area: All waters north of a line bearing 270° from the southwesternmost point (approximate latitude 28° 23' 29'' North, approximate longitude 80° 37' 10'' West) of Long Point in Cape Canaveral to a point (approximate latitude 28° 23' 29'' North, approximate longitude 80° 37' 49'' West) in the Banana River approximately 3,500 feet west of Long Point, and east of a line bearing 331° from said point in the Banana River to a point (approximate latitude 28° 24' 16'' North, approximate longitude 80° 38' 19'' West) on the State Road 528 Causeway (west of State Road 401).
Banana River, Manatee Cove Area: All waters of Manatee Cove (on the east side of the Banana River, just south of State Road 520) east of a line at the mouth of the cove running between a point (approximate latitude 28° 21' 21'' North, approximate longitude 80° 36' 52'' West) on the northern shoreline and a point (approximate latitude 28° 21' 09'' North, approximate longitude 80° 36' 51'' West) on the southern shoreline.
Turkey Creek: All waters of Turkey Creek north and east (downstream) of Melbourne-Tillman Drainage District structure MS-1 and south and west of a line at the mouth of Turkey Creek that runs from the southeasternmost point (approximate latitude 28° 02' 21'' North, approximate longitude 80° 34' 48'' West) of Castaway Point to the northeasternmost point (approximate latitude 28° 02' 14'' North, approximate longitude 80° 34' 43'' West) of Palm Bay Point.
Sebastian Inlet Area: All waters of the cove on the northern side of Sebastian Inlet (commonly known as Campbell Cove) northwest of a line running between the two (2) rock jetties at the entrance to the cove.
Sebastian River Area: All waters of the North Prong of Sebastian River, and; All waters of the North Fork Sebastian River (also known as Sebastian Creek) and the C-54 Canal west of a north-south line from a point (approximate latitude 27° 50' 08'' North, approximate longitude 80° 31' 02'' West) on the northern shoreline of the North Fork Sebastian River at the intersection of the river and the North Prong and east of a line drawn perpendicular to the northern shoreline of the C-54 Canal at a point (approximate latitude 27° 49' 55'' North, approximate longitude 80° 32' 00'' West) on the northern shoreline 2,500 feet east of the spillway.

(d) Slow Speed (All Year)

Mosquito Lagoon: All waters west of the ICW channel, south of the Volusia County/Brevard County line, and north of ICW channel marker “43”, and; All waters of Mosquito Lagoon (including the ICW channel) south of ICW channel marker “43,” southwest of a line commencing at ICW channel marker “43” and then running to ICW channel marker “45” and then on a bearing of 132° for a distance of 1,000 feet to the line’s terminus at a point in Mosquito Lagoon (approximate latitude 28° 44' 35'' North, approximate longitude 80° 44' 35'' West), and north of a line running from said point in Mosquito Lagoon on a bearing of 221° to the western shoreline of Mosquito Lagoon.
Indian River, Turnbull Basin Area: All waters south and east of a line commencing at a point (approximate latitude 28° 44' 36'' North, approximate longitude 80° 46' 19'' West) on the eastern shoreline of Turnbull Basin (about one (1) mile north of Haulover Canal) and then bearing 193° to a point 1,500 feet northwest of the ICW channel, then running in a southwesterly direction 1,500 feet northwest of and parallel with the ICW channel to a point (approximate latitude 28° 41' 22'' North, approximate longitude 80° 49' 05'' West) 1,500 feet northwest of ICW channel marker “12,” and then running in a southerly direction 1,500 feet west of and parallel with the ICW channel to the Florida East Coast Railroad Bridge, including all waters west of the ICW channel and south of an east-west line 1,500 feet north of the point where the Florida East Coast Railroad Bridge crosses over the ICW, but excluding the ICW channel as designated under subparagraph (2)(e)2.
Indian River, Titusville Area: All waters west of the ICW channel south of the Florida East Coast Railroad Bridge and north of the State Road 402 Bridge and Causeway.
Indian River, State Road 402 (Max Brewer Causeway) to State Road 405 (NASA Parkway): All waters within 2,000 feet of the general contour of the western shoreline of the Indian River, excluding the ICW channel where the channel is less than 2,000 feet from the western shore; All waters within one (1) mile of the general contour of the eastern shoreline of the Indian River south and east of a point (approximate latitude 28° 36' 04'' North, approximate longitude 80° 44' 44'' West) on the western shoreline of Peacock’s Pocket (northwest of Banana Creek), and; All waters south of an east-west line 3,400 feet north of the point where the State Road 405 Bridge crosses over the ICW, excluding the ICW channel as designated under subparagraph (2)(e)3.
Indian River, State Road 405 (NASA Parkway) to State Road 528 (Bennett Causeway): All waters north of an east-west line 3,000 feet south of the point where the State Road 405 Bridge crosses over the ICW, excluding the ICW channel as designated under subparagraph (2)(e)3.; All waters west of the ICW channel and north of the overhead power transmission line that crosses the western shoreline of the Indian River approximately 1,200 feet north of State Road 528, excepting those areas otherwise designated for seasonal regulation under paragraph (2)(a), subparagraphs (b)1. and (c)1., when said seasonal zones are in effect; All waters south of said overhead power transmission line and west of a north-south line running through the second power pole east of the western shoreline; All waters within one half (1/2) mile of the eastern shoreline of the Indian River north of a point (approximate latitude 28° 25' 47'' North, approximate longitude 80° 43' 24'' West) on the eastern shoreline of the Indian River 1,500 feet south of the canal on the southern side of Meadow Lark Lane, including all waters of Rinkers Canal, and; All waters east of the ICW channel and south of the overhead power transmission line that crosses the eastern shoreline of the Indian River approximately 3,900 feet north of State Road 528.
Indian River, State Road 528 (Bennett Causeway) to State Road 518 (Eau Gallie Causeway): All waters within 1,000 feet of the general contour of the western shoreline of the Indian River; All waters south of State Road 528 and within 500 feet of the State Road 528 Causeway, within 500 feet of the State Road 520 Causeway, within 500 feet of the State Road 404 Causeway, and north of State Road 518 and within 500 feet of the State Road 518 Causeway; All waters within 1,000 feet of the general contour of the eastern shoreline of the Indian River between State Road 528 and State Road 520; All waters east of the ICW channel from State Road 520 to an east-west line 300 feet south of the southernmost point (approximate latitude 28° 19' 22'' North, approximate longitude 80° 42' 00'' West) of the spoil island east of ICW channel marker “80,” and; All waters within 500 feet of the general contour of the eastern shoreline of the Indian River south of the aforementioned east-west line and north of State Road 404 (Pineda Causeway).
Indian River, State Road 518 (Eau Gallie Causeway) to Cape Malabar: All waters within 1,000 feet of the general contour of the eastern shoreline of the Indian River; All waters south of State Road 518 and within 500 feet of the State Road 518 Causeway and within 500 feet of the State Road 192 Causeway; All waters within 1,000 feet of the general contour of the western shoreline of the Indian River south of State Road 518 and north of the easternmost point (approximate latitude 28° 02' 24'' North, approximate longitude 80° 34' 48'' West) of Castaway Point (including all waters of the Eau Gallie River and Crane Creek), and; All waters south of said easternmost point of Castaway Point, north of Cape Malabar, and west of a line commencing at a point (approximate latitude 28° 02' 29'' North, approximate longitude 80° 34' 38'' West) in the Indian River 1,000 feet northeast of said easternmost point of Castaway Point, then bearing 130° to the westernmost point (approximate latitude 28°02' 15'' North, approximate longitude 80° 34' 19'' West) of the spoil site west of ICW channel marker “14,” then bearing 153° to the westernmost point (approximate latitude 28° 01' 32'' North, approximate longitude 80° 33' 55'' West) of the spoil site southwest of ICW channel marker “15,” then bearing 138° to the line’s terminus at a point (approximate latitude 28° 01' 12'' North, approximate longitude 80° 33' 35'' West) in the Indian River approximately 2,400 feet northeast of Cape Malabar.
Indian River, Cape Malabar to Grant: All waters within 1,000 feet of the general contour of the eastern shoreline of the Indian River south of Cape Malabar and north of a point (approximate latitude 27° 55' 59'' North, approximate longitude 80° 30' 30'' West) on the eastern shoreline of the Indian River (north of Mullet Creek); All waters south of Cape Malabar, north of the spoil island between ICW channel markers “25” and “27,” and west of a line commencing at a point (approximate latitude 28° 01' 12'' North, approximate longitude 80° 33' 35'' West) in the Indian River approximately 2,400 feet northeast of Cape Malabar, then bearing 157° to the easternmost point (approximate latitude 28° 00' 26'' North, approximate longitude 80° 33' 13'' West) of the spoil site between ICW channel markers “16” and “17,” then bearing 152° to the easternmost point (approximate latitude 27° 59' 21'' North, approximate longitude 80° 32' 35'' West) of the spoil island west of ICW channel marker “22,” then bearing 166° to the line’s terminus at the easternmost point (approximate latitude 27° 57' 50'' North, approximate longitude 80° 32' 10'' West) of the spoil island between ICW channel markers “25” and “27”; All waters within 1,000 feet of the general contour of the western shoreline of the Indian River south of said spoil island between ICW channel markers “25” and “27,” and north of ICW channel marker “35,” and; All waters west of the ICW channel between ICW channel markers “35” and “38.”
Indian River, Grant to the Indian River County Line: All waters west of the ICW channel between ICW channel marker “38” and the Brevard County/Indian River County line, including those waters east of the centerline of the U.S. 1 Bridge over the Sebastian River, and; All waters within 1,500 feet of the general contour of the eastern shoreline of the Indian River, south of a point (approximate latitude 27° 55' 59'' North, approximate longitude 80° 30' 30'' West) on the eastern shoreline of the Indian River (north of Mullet Creek) and north of an east-west line running through ICW channel marker “59” (approximate latitude 27° 51' 38'' North, approximate longitude 80° 28' 57'' West), including those waters within 1,500 feet west of the westernmost edge of the Mullet Creek Islands, within 1,500 feet west of the westernmost edge of the islands south of Mathers Cove, within 1,500 feet west of the westernmost edge of Long Point, and within 1,500 feet west of the westernmost extensions of Campbell Pocket south to said east-west line running through ICW channel marker “59,” and; All waters of the Indian River and Sebastian Inlet east of the ICW channel, south of said east-west line running through ICW channel marker “59,” north of the Brevard County/Indian River County line, and west of a line 200 feet southwest of and parallel with the centerline of the State Road A1A Bridge, except as otherwise designated under subparagraph (2)(c)5., and excluding the marked Sebastian Inlet channel.
Sebastian River Area: All waters of the Sebastian River (including waters also known as San Sebastian Bay), the South Fork San Sebastian River (also known as St. Sebastian River, Sebastian River and Sebastian Creek), and the North Fork Sebastian River (also known as Sebastian Creek) within Brevard County west of the centerline of the US 1 Bridge and east of a north-south line from a point (approximate latitude 27° 50' 08'' North, approximate longitude 80° 31' 02'' West) on the northern shoreline of the North Fork Sebastian River at the intersection of the river and the North Prong of Sebastian River.
Canaveral Barge Canal: All waters of the Canaveral Barge Canal east of the general contour of the eastern shoreline of the Indian River and west of the general contour of the western shoreline of the Banana River.
Sykes Creek and Kiwanis Basin: All waters of Sykes Creek and Kiwanis Basin south of the Canaveral Barge Canal and north of the centerline of State Road 520.
Newfound Harbor: All waters south of State Road 520 and within 1,000 feet of the State Road 520 Bridge and Causeway; All waters within 1,000 feet of the general contour of the western shoreline of Newfound Harbor north of the runway for the Merritt Island Airport (approximately one mile south of State Road 520), and; All waters within 1,000 feet of the general contour of the eastern shoreline of Newfound Harbor and an extension of said shoreline to a point 1,000 feet south of Buck Point.
Banana River, North of State Road 528: All waters within 1,500 feet of the general contour of the western shoreline of the Banana River south of a point (approximate latitude 28° 26' 10'' North, approximate longitude 80° 39' 35'' West) on the shoreline near Kars Park on the boundary of the federal No Motor zone; All waters south of an east-west line running through the westernmost point (approximate latitude 28° 24' 42'' North, approximate longitude 80° 38' 34'' West) of the first spoil island north of the Canaveral Locks (commonly known as Ski Island), including those waters in Port Canaveral west of State Road 401, and; All waters east and south of a line commencing at the northernmost point (approximate latitude 28° 24' 44'' North, approximate longitude 80° 38' 32'' West) of Ski Island, then running to the southernmost point (approximate latitude 28° 24' 55'' North, approximate longitude 80° 38' 31'' West) of the second spoil island north of the Canaveral Locks, then following the eastern shoreline of said spoil island to its northernmost point, then bearing 6° to a point (approximate latitude 28° 25' 09'' North, approximate longitude 80° 38' 29'' West) in the Banana River underneath the overhead power transmission line south of the third spoil island north of Canaveral Locks, then following said transmission line (which is the boundary of the federal No Motor zone) in an easterly direction to the line’s terminus at a point (approximate latitude 28° 25' 16'' North, approximate longitude 80° 36' 13'' West) on the eastern shoreline of the Banana River.
Banana River, State Road 528 to State Road 520: All waters south of State Road 528, east of a line bearing 180° from the easternmost point (approximate latitude 28° 24' 18'' North, approximate longitude 80° 38' 53'' West) of the central State Road 528 Causeway, and north of an east-west line 1,000 feet south of the point where the State Road 528 Bridge crosses over the main Banana River channel, except as otherwise designated under subparagraph (2)(c)2.; All waters west of a line running from a point (approximate latitude 28° 24' 16'' North, approximate longitude 80° 39' 30'' West) on the State Road 528 Causeway east of the western State Road 528 Relief Bridge to a point (approximate latitude 28° 21' 26'' North, approximate longitude 80° 39' 32'' West) on the State Road 520 Causeway approximately 1,200 feet west of the water storage tanks, and; All waters south of a line bearing 270° from the southwesternmost point (approximate latitude 28° 23' 29'' North, approximate longitude 80° 37' 10'' West) of Long Point in Cape Canaveral to a point (approximate latitude 28° 23' 29'' North, approximate longitude 80° 37' 49'' West) in the Banana River approximately 3,500 feet west of Long Point, and east of a line bearing 174° from said point in the Banana River to a point (approximate latitude 28° 21' 28'' North, approximate longitude 80° 37' 35'' West) on the State Road 520 Causeway approximately 1,000 feet west of Cape Canaveral Hospital Complex.
Banana River, Cocoa Beach Area: All waters east of a line bearing 186° from the westernmost point (approximate latitude 28° 21' 26'' North, approximate longitude 80° 38' 52'' West) of the State Road 520 Causeway east of the main Banana River channel, and within 1,000 feet south of the State Road 520 Causeway; All waters within 1,000 feet of the general contour of the western shoreline of the Banana River, south of State Road 520 and north of Buck Point and an extension of said shoreline to a point 1,000 feet south of Buck Point, excluding the main Banana River channel where the channel is less than 1,000 feet from the western shoreline, and; All waters east of a line commencing at a point (approximate latitude 28° 21' 25'' North, approximate longitude 80° 38' 30'' West) on the State Road 520 Causeway (approximately 2,000 feet east of the State Road 520 Bridge over the main Banana River channel), then bearing 190° to a point (approximate latitude 28° 19' 15'' North, approximate longitude 80° 38' 55'' West) in the Banana River approximately 1,900 feet west of the northwesternmost point of the Cocoa Beach Municipal Park, then bearing 270° to a point (approximate latitude 28° 18' 38'' North, approximate longitude 80° 38' 55'' West) in the Banana River approximately 1,700 feet west of the southwesternmost point of the Cocoa Beach Municipal Park, then bearing 171° for approximately 3,000 feet to a point (approximate latitude 28° 18' 07'' North, approximate longitude 80° 38' 50'' West) in the Banana River east of channel marker “15,” then bearing 124° to a point (approximate latitude 28° 16' 52'' North, approximate longitude 80° 36' 45'' West) in the Banana River 1,000 feet west of the eastern shoreline of the Banana River, then heading in a southerly direction 1,000 feet west of and parallel with the eastern shoreline of the Banana River to the line’s terminus at a point (approximate latitude 28° 15' 51'' North, approximate longitude 80° 36' 38'' West) in the Banana River near the northern boundary of Patrick Air Force Base.
Banana River, South of Cocoa Beach to State Road 404 (Pineda Causeway): All waters south of an east-west line running through the southernmost point (approximate latitude 28° 16' 19'' North, approximate longitude 80° 39' 25'' West) of the more southerly of the two islands east of Macaw Way (on Merritt Island) and west of a line bearing 162° from said southernmost point to State Road 404; All waters south and east of the overhead power transmission line in the Banana River adjacent to Patrick Air Force Base, and; All waters north of the centerline of State Road 404 and within 2,000 feet of the State Road 404 Bridges and Causeway, excluding the main Banana River channel as designated under subparagraph (2)(e)5.
Banana River, South of State Road 404 (Pineda Causeway): All waters south of the centerline of State Road 404, including those waters east of a line bearing 270° from the southernmost point (approximate latitude 28° 08' 32'' North, approximate longitude 80° 36' 15'' West) of Merritt Island (commonly known as Dragon Point) to the Eau Gallie Causeway, excluding the main Banana River channel as designated under subparagraph (2)(e)5.

(e) 25 MPH (All Year)

Mosquito Lagoon: All waters in the ICW channel south of the Volusia County/Brevard County line and north of ICW channel marker “43” (north of Haulover Canal).
Indian River, Turnbull Basin and Titusville Area: All waters in the ICW channel southwest of ICW channel marker “1” (southwest of Haulover Canal) and north of an east-west line 1,200 feet south of the point where the Florida East Coast Railroad Bridge crosses over the ICW.
Indian River, State Road 405 (NASA Parkway) Area: All waters in the ICW channel south of an east-west line 3,400 feet north of the point where the State Road 405 Bridge crosses over the ICW and north of an east-west line 3,000 feet south of the point where the State Road 405 Bridge crosses over the ICW.
South Indian River Area: All waters in the ICW channel south of ICW channel marker “59” and north of the Brevard County/Indian River County line.
South Banana River Area: All waters in the main Banana River channel south of a point in the channel 2,000 feet north of the State Road 404 Bridge, and north of a point (approximate latitude 28° 09' 15'' North, approximate longitude 80° 36' 32'' West) in the channel on the northern boundary of the local Idle Speed zone approximately 1,900 feet north of the Mathers Bridge.

(3) Commercial Fishing and Professional Fishing Guide Permits: The following provisions pertain to the issuance of permits to allow individuals engaged in commercial fishing and professional fishing guide activities to operate their vessels in specified areas at speeds greater than the speed limits established under subsection (2), above. Procedures related to the application for and the review and issuance of these permits are as set forth in Rule 68C-22.003, F.A.C.

(a) Permits shall be limited as follows:

Permits shall only be available for the zones or portions of zones described under subparagraphs (2)(d)1. through (2)(d)9., and (2)(d)13. through (2)(d)18.
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.

(b) Permit applications may be obtained at the Commission’s Law Enforcement office at 1-A Max Brewer Memorial Parkway in Titusville or by contacting the Commission at Mail Station OES-BPS, 620 South Meridian Street, Tallahassee, Florida 32399, (850)922-4330.

(4) Access to the No Entry and Motorboats Prohibited zones is allowed for Reliant Corporation employees or their authorized agents (for the zones designated under subparagraphs (2)(a)1. and (b)1.), and for Florida Power and Light Company employees or their authorized agents (for the zone designated under subparagraph (2)(a)2.) provided that entry into the zones is necessary to conduct activities associated with power plant maintenance, emergency operations or environmental monitoring. The Commission must receive notification of the activity prior to its commencement. In the event of an emergency activity, the Commission shall be notified no more than one week after the activity has been commenced. All vessels used in the operation or associated with the activity shall be operated at no greater than Idle Speed while within the zones and must have an observer on board to look for manatees.

(5) The zones described in subsection 68C-22.006(2), F.A.C., are depicted on the following maps, labeled “Brevard County Manatee Protection Zones.” The maps are intended as depictions of the above-described zones. In the event of conflict between the maps and descriptions, the descriptions shall prevail.

(6) The amendments of subsections 68C-22.006(2) through (5), F.A.C., as approved by the commission on May 23, 2001, shall become effective when the requisite regulatory signage is posted or erected in the designated waterway or segment of waterway of Brevard County or six (6) months from the date the rule amendments are filed for adoption, whichever is sooner.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.06, Amended 12-20-89, 8-28-90, 7-25-91, 8-18-92, Formerly 16N-22.006, Amended 10-12-94, 12-29-98, Formerly 62N-22.006, Amended 6-24-02.

Fla. Admin. Code R. 68C-22.007 Indian River County Zones

(1) For the purpose of protecting manatees and manatee habitat in Indian River County, the following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, unless otherwise designated or excluded:

(a) Idle Speed Zone (Year-round) –

110th Street Area: All waters of the canals immediately north and south of 110th Street, westerly of the general contour of the westerly shoreline of Indian River,
Island Harbor Road Area: All waters of the marina between North Island Harbor Road and South Island Harbor Road, westerly of the general contour of the westerly shoreline of Indian River,
Durrance Road Area: All waters of the canals southerly of Durrance Road, northerly of 93rd Lane, and westerly of the general contour of the westerly shoreline of Indian River,
Hobart Lodge Marina Area: All waters of the Hobart Lodge Marina canals, westerly of a line which bears South 00° 00' 00" West (True) from the easternmost tip of the peninsula on the northerly shoreline of the southernmost canal (approximate latitude 27° 44′ 10" North, approximate longitude 80° 25' 4.69" West),
Grand Harbor Development Marina Area: All waters of the Grand Harbor Development Marina, all waters of the canal system northerly of the Grand Harbor Development Marina in Sections 11, 13 and 14, Township 32 South, Range 39 East, and those waters of the North Canal, westerly of the general contour of the westerly shoreline of Indian River Narrows, and easterly of the centerline of US Highway 1,
Johns Island Creek Area: All waters of Johns Island Creek and associated canals or waterways, southerly of a line which bears North 90° 00' 00'' East (True) running through the northernmost tip of an unnamed island (approximate latitude 27° 42' 20" North, approximate longitude 80° 23' 01'' West), northerly and easterly of a line which bears North 00° 00' 00" East (True) running through the westernmost tip of a peninsula (approximate latitude 27° 41' 01" North, approximate longitude 80° 22' 51" West),
Indian River, Vero Beach Area: Those waters of the main canal and associated waters, westerly of the general contour of the westerly shoreline of Indian River, and easterly of the flood gate located approximately 200 feet easterly of Country Club Drive; and all waters of those canals southerly of Royal Palm Boulevard, northerly of Harbor Drive South, and westerly of the general contour of the westerly shoreline of the Indian River,
South Canal Area: All waters of South Canal and associated waters, westerly of the general contour of the westerly shoreline of Indian River, and easterly of the centerline of US Highway 1 (State Road 5),
Crawford Creek Area: All waters of Crawford Creek northerly of a line which bears South 70° 00' 00" West (True) from the southernmost tip of Crawford Point (approximate latitude 27° 35' 29" North, approximate longitude 80° 21' 52" West),
River Shores Development Area: All waters of the canals north and south of 12th Place S.E. in Sections 29 and 30, Township 33 South, Range 40 East, westerly of the general contour of the westerly shoreline of Indian River,
Vero Shores Area: All waters of the Vero Shores canals westerly of the general contour of the westerly shoreline of Indian River; and,
Indian River, Porpoise Point to Head Cove Area: All waters of Indian River within 1000 feet of the general contour of the westernmost shoreline of Porpoise Point and the Moorings residential development including all waters of Porpoise Bay, Head Cove Pocket, Head Cove and all associated waters, southerly of a line which bears South 90° 00' 00′′ West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51'' West), northerly of a line which bears South 90° 00' 00" West from the westernmost point of an unnamed island at the southern end of Head Cove (approximate latitude 27° 34' 28" North, approximate longitude 80° 20' 22" West), and northerly of the westerly extension of the northerly shoreline of the canal between Island Drive and Harbor Lane.

(b) Slow Speed Zone (Year-round) –

St. Sebastian River Area: All navigable waters of the St. Sebastian River (also commonly known as Sebastian River, San Sebastian River and Sebastian Creek, and including those waters known as San Sebastian Bay), and the South Fork St. Sebastian River within Indian River County westerly and southwesterly of the centerline of the US 1 Bridge, and northerly of the centerline of the S.R. 512 Bridge,
Indian River Area: All waters of the Indian River and Indian River Narrows including Vossinbury Creek, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of the Indian River County/Brevard County line, and northerly of the Indian River County/St. Lucie County line, except as otherwise excluded below or designated for alternative regulation,

a. Indian River, North of Wabasso Beach Road Bridge Area: All waters of Indian River easterly of a line 600 feet easterly of and parallel with the westerly shoreline of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 58° 00' 00" West (True) running through Green Intracoastal Waterway Channel Marker “75” (latitude 27° 46' 17" North, longitude 80° 25' 49" West), northwesterly of a line 200 feet northwesterly of and parallel with the centerline of the Wabasso Beach Road (County Road 510) Bridge, and southwesterly and northwesterly of a line 600 feet southwesterly and northwesterly of the general contour of the southwesterly and northwesterly shoreline of Wabasso Island,

b. Indian River, South of Wabasso Beach Road Bridge Area: All waters of Indian River, easterly of a line 1,000 feet easterly of and parallel with the westerly shoreline of the Indian River, southeasterly of a line 200 feet southeasterly of and parallel with the centerline of the Wabasso Beach Road (County Road 510) Bridge, westerly of the general contour of the westerly shorelines of Wabasso and Pine Islands, southwesterly of the centerline of the Live Oak Drive Bridge connecting Wabasso and Pine Islands, and northerly of a line which bears North 90° 00' 00" East (True) located 1,000 feet northerly of the easternmost tip of the peninsula on the northerly shoreline of the southernmost canal of the Hobart Lodge Marina canals (approximate latitude 27° 44' 10" North, approximate longitude 80° 25' 4.69" West); and,

c. Indian River, Erwin Cove to Porpoise Point Area: All waters of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 65° 30' 00" East (True) running through Green Intracoastal Waterway Channel Marker “149” (latitude 27° 37' 24" North, approximate longitude 80° 22' 08" West), and northerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West),

Indian River, Sebastian Inlet Area: All waters of Indian River and Sebastian Inlet, unless otherwise designated, exclusive of the marked Sebastian Inlet channel and any extension of said channel to be marked by local, state, or federal government (portions of which may be otherwise designated for regulation), southerly of the Indian River County/Brevard County line, northerly of a line which bears North 60° 00' 00" East (True) from Red Intracoastal Waterway Channel Marker “64” (latitude 27° 50' 21" North, longitude 80° 28' 16" West), easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, and southwesterly of a line 200 feet southwesterly of and parallel with the centerline of the State Road A1A Bridge,
Indian River, Coconut Point to Big Slough Area: All waters within 600 feet of the general contour of the easterly shoreline of Indian River, southerly of a line which bears North 60° 00' 00" East (True) from Red Intracoastal Waterway Channel Marker “64” (latitude 27° 50' 21" North, longitude 80° 28' 16" West), and northwesterly of a line which bears North 45° 00' 00" East (True) from the northernmost point of Black Point (approximate latitude 27° 48' 40" North, approximate longitude 80° 26' 24" West),
Indian River, Big Slough to Wabasso Beach Road Bridge Area – All waters of Big Slough, North Hole and South Hole southeasterly of a line which bears North 45° 00' 00" East (True) from the northernmost point of Black Point (approximate latitude 27° 48' 40" North, approximate longitude 80° 26' 24" West); Collins Hole, Turtle Pen Slough and those waters of Indian River within 600 feet of the general contour of the northerly and westerly shoreline of the Black Point peninsula, the general contour of the northerly, westerly and southerly shoreline of Roseate Island, and the general contour of the southwesterly shoreline of Sprat Point, all waters of Sprat Creek and East Channel northeasterly and easterly of the general contour of the northeasterly shoreline of Roosevelt Island, the easterly shoreline of North Horseshoe Island, Horseshoe Island, Plug Island and Preachers Island; and those waters of Indian River easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked Channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “71” (latitude 27° 47' 29" North, longitude 80° 26' 40" West), southeasterly, southerly and southwesterly of a line 600 feet northwesterly, northerly and northeasterly of the general contour of the northwesterly, northerly and easterly shoreline of Pauls Island, and westerly of the general contour of the westerly shoreline of Middle Island, Nelson Island and Horseshoe Island and Preachers Island, and northerly of the centerline of the Wabasso Beach Road (County Road 510) Bridge,
Indian River, Johns Island Creek to Martin Cove Area: All waters of Indian River and Indian River Narrows, including Johns Island Creek, Chambers Cove, Stingray Creek, McCullers Cove, Jandrew Cove, Bethel Creek, Riomar Creek, North Creek, South Creek, Erwin Cove, Prang Island Creek, Hells Pocket and Martin Cove, easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, easterly and southerly of a line bearing 194° from a point (approximate latitude 27° 43' 29.8" North, approximate longitude 80° 23' 36.6" West) on the eastern shoreline to a point (approximate latitude 27° 43' 19.8" North, approximate longitude 80° 23' 39.5" West) on the northern shoreline of Barker Island, and northerly of a line which bears North 83° 0' 00" East (True) from a point on the easterly boundary of the main marked channel of the Atlantic Intercoastal Waterway (approximate latitude 27° 36' 29" North, approximate longitude 80° 21' 41" West) to the easterly shoreline of Indian River, north of Barkers Ditch Cove at approximately Shorelands Drive N, 300 feet southerly and parallel with the Florida Power & Light powerline running east to west across Indian River, from the centerline of South Canal, except as otherwise designated, LESS: all waters of Gifford Cut easterly of the general contour of the westerly shoreline of Gifford Cut, said general contour line extending across the mouth of any tributary or backwater area, westerly of the general contour of the easterly shoreline of Gifford Cut, said general contour line extending across the mouth of any tributary or backwater area, southerly of a line which bears North 90° 00' 00" East (True) running through the northernmost tip of a peninsula (approximate latitude 27° 40' 36" North, approximate longitude 80° 22' 37" West), and northerly of a line which bears North 90° 00' 00" East (True) from the southernmost tip of a small unnamed island (approximate latitude 27° 40' 02" North, approximate longitude 80° 22' 17" West),
Jungle Trail Narrows to Hole-in-the-Wall Island Area: All waters of Jungle Trails Narrows, and associated waters, southerly of the centerline of the Wabasso Beach Road (County Road 510) Bridge, north of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island, westerly and northerly of a line bearing 194° from a point (approximate latitude 27° 43' 29.8" North, approximate longitude 80°23'36.6" West) on the eastern shoreline to a point (approximate latitude 27° 43' 19.8" North, approximate longitude 80° 23' 39.5" West) on the northern shoreline of Barker Island, and easterly and northerly of a line that begins at a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island and runs northerly along the shoreline of Hole-in-the-Wall Island for a distance of 1290 feet to another point (approximate latitude 27° 43' 21.8" North, approximate longitude 80° 24' 05.3" West) on the eastern shoreline of Hole-in-the-Wall Island, then bears 19° to a point (approximate latitude 27° 43' 32.3" North, approximate longitude 80° 24' 01.1" West) on the southwestern shoreline of Pine Island, excepting those waters of the Atlantic Intracoastal Waterway channel and associated waters otherwise designated under sub-subparagraph (1)(d)1.b.,
Indian River, Porpoise Point to St. Lucie County Line Area: All waters of Indian River and Round Island Creek easterly of a line 100 feet easterly or and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line, except as otherwise designated for alternative regulation; and,
Atlantic Intracoastal Waterway, Merrill Barber Bridge Area: That portion of the main marked channel of the Atlantic Intracoastal Waterway and those waters within 100 feet of the eastern and western boundaries of said channel described as follows: Southerly of Green Intracoastal Waterway Channel Marker “137” (latitude 27° 39' 31" North, longitude 80° 22' 37" West), and northerly of the centerline of the Merrill Barber (State Road 60) Bridge.

Indian River, Sebastian Inlet Marina to Duck Point Area: All waters of Indian River easterly of a line 600 feet easterly of and parallel with the general contour of the westerly shoreline of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 67° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “66” (latitude 27° 49' 33" North, longitude 80° 27' 54" West), and northerly of a line which bears North 90° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “75” (latitude 27° 46' 17" North, longitude 80° 25' 49" West); and those waters of Indian River easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, westerly of a line 1600 feet northeasterly of and parallel with the centerline of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 67° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “66” (latitude 27° 49' 33" North, longitude 80° 27' 54" West), and northerly of a line which bears North 90° 00' 00′′ East (True) running through Flashing Green Intracoastal Waterway Channel Marker “67” (latitude 27° 48' 45" North, longitude 80° 27' 29" West),
Indian River, Hobart Lodge to Grand Harbor Development Area: All waters of Indian River, east of the general contour of the western shoreline of Indian River, north and west of a line that begins at a point (approximate latitude 27° 43' 21.8" North, approximate longitude 80° 24' 05.3" West) on the eastern shoreline of Hole-in-the-Wall Island then bears 19° to a point (approximate latitude 27° 43' 32.3" North, approximate longitude 80° 24' 01.1" West) on the southwestern shoreline of Pine Island and then runs northerly along the western shoreline of Pine Island, south and west of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point 100 feet west of the western boundary of the Atlantic Intracoastal Waterway, then running southerly 100 feet west of and parallel with the western boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears 90° from a point (approximate latitude 27° 44' 19.4" North, approximate longitude 80° 25' 18.4" West) on the western shoreline of the Indian River located 1000 feet north of the easternmost tip of the peninsula on the northern shoreline of the southernmost canal of the Hobart Lodge Marina canals (approximate latitude 27° 44' 10" North, approximate longitude 80° 25' 4.69" West), and north of a line which bears 90°, running through Red Intracoastal Waterway Channel Marker “120” (latitude 27° 42' 04" North, longitude 80° 23' 8" West); and,
Indian River, Crawford Point to Indian River County/St. Lucie County Line Area: All waters of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41” North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line.

(d) Maximum 30 MPH Zone (Year-round) –

Atlantic Intracoastal Waterway Areas: Those portions of the main marked channel of the Atlantic Intracoastal Waterway, including those waters within 100 feet of its eastern and western boundaries, described as follows:

a. Southerly of the Brevard County/Indian River County line and northerly of Flashing Green Intracoastal Waterway Channel Marker “67” (latitude 27° 48' 45" North, longitude 80° 27' 29" West),

b. South of Red Intracoastal Waterway Channel Marker “78” (approximate latitude 27° 45' 53.7" North, approximate longitude 80° 25' 17.3" West), and north of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island,

c. South of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island, and north of Green Intracoastal Waterway Channel Marker “137” (approximate latitude 27° 39' 30.9" North, approximate longitude 80° 22' 36.8" West),

d. Southerly of the centerline of the Merrill Barber (State Road 60) Bridge and northerly of a line which bears North 65° 30' 00" East (True) running through Green Intracoastal Waterway Channel Marker “149” (approximate latitude 27° 37' 24" North, longitude 80° 22' 08" West); and,

e. Southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line,

Sebastian Inlet Channel Area: That portion of the Sebastian Inlet channel commencing at a point in a line with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway located approximately 490 feet northeasterly of Green Intracoastal Waterway Channel Marker “63” (latitude 27° 50' 46.54" North, longitude 80° 28' 24.56" West) and continuing northeasterly following the general configuration of the marked navigational channel, concluding at the Indian River-Brevard County line in the Sebastian Inlet at approximately Red Channel Marker “4” (latitude 27° 51' 16" North, longitude 80° 27' 25" West), contingent upon dredging and marking of said channel.

(2) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), F.A.C., the following conditions, and procedures for exemption application shall apply:

(a) Exemptions shall apply seasonally and year-round to zones, or portions of zones, specified as follows:

Year-round exemptions, with speeds not to exceed 20 MPH, will be considered within the zones described or partially described in subparagraphs (1)(b)2., 4., 5., and 6., above,
Year-round exemptions, for the purpose of setting nets to encircle fish only, will be considered within the zones described or partially described in subparagraphs (1)(b)2., 3., 6., and 7., above,
Seasonal exemptions (from November 1 through April 30) for the purpose of setting nets to encircle fish only will be considered in the zone described or partially described in subparagraph (1)(c)3.; and,
Seasonal exemptions (from November 1 through April 30), with speeds not to exceed 20 MPH, will be considered in the zones described or partially described in subparagraphs (1)(c)1. and 2.

(b) A recipient of an exemption must maintain speeds of less than 20 MPH at all times within the restricted area, and comply with any and all conditions specified within the notice of exemption as well as under all appropriate provisions of this rule and subsection 68C-22.003(6), F.A.C.

(c) Exemptions granted will not apply on weekends (sunrise on Saturday through sunset on Sunday) or on state-recognized holidays (sunrise to sunset).

(d) Any commercial fisherman or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for the exemption, one of which shall be required for each vessel so operated, by completing application form (“Application for Permit, Manatee Protection Zones”), Form No. FWC 68C-22.003-6 (6/96), incorporated by reference in 68C-22.003(6)(d), F.A.C. Applications for exemption in accordance with the provisions of this rule may be obtained by contacting the Commission’s Imperiled Species Management Section at 620 South Meridian Street, Tallahassee, FL 32399-1600 (email: ManateeZonePermit@MyFWC.com; (850)922-4330).

(3) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.07, Amended 12-3-87, 8-28-90, 10-21-91, 8-18-92, Formerly 16N-22.007, 62N-22.007, Amended 12-12-02, 6-30-26.

Fla. Admin. Code R. 68C-22.008 St. Lucie County Zones

(1) The Commission designates those portions of the Indian River and North Fork St. Lucie River, including all associated waters, within St. Lucie County as areas where manatees are frequently sighted. The Commission has further determined that manatees are assumed to inhabit these waters periodically or continuously. This rule is for the purpose of regulating the speed and operation of motorboats in portions of these designated areas in St. Lucie County.

(2) For the purpose of regulating the speed and operation of motorboats within St. Lucie County, the following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, and boat basins unless otherwise designated or excluded: (Access to the No Entry and Motorboats Prohibited zones designated below in paragraphs (2)(a) and (2)(b), respectively, will be provided in accordance with procedures set forth in subsection (4), hereunder, and applicable provisions under Rule 68C-22.003, F.A.C.)

(a) No Entry Zone (Year-round) – Harbor Branch Area: Those waters of the Harbor Branch waterway including all associated canals and boat basins westerly of a due south line from the westernmost point of the rail system associated with the hoist on the northern side and near the western end of said Harbor Branch waterway (approximate latitude 27° 32' 03" North, approximate longitude 80° 21' 24" West).

(b) Motorboats Prohibited Zone (November 15 through March 31)/Idle Speed Zone (Remainder of Year) – Moore’s Creek Area: Those waters of Moore’s Creek lying westerly of the general contour of the westerly shoreline of Indian River, and easterly of the centerline of the Indian River Drive Bridge.

Harbor Branch Area: Those waters of the Harbor Branch waterway including all associated canals and boat basins, westerly of a line drawn across the eastern extremities of the north and south jetties at the entrance of said waterway and easterly of a due south line from the westernmost point of the rail system associated with the hoist on the northern side and near the western end of said Harbor Branch waterway (approximate latitude 27° 32' 03" North, approximate longitude 80° 21' 24" West),
Garfield Cut Area: Those waters of Garfield Cut, including the canal system of the Queens Cove residential development and all other associated waters easterly and northeasterly of a line which bears North 11° 00' 00" West from a point on the westerly side of Garfield Point (approximate latitude 27° 30' 54" North, approximate longitude 80° 19' 38" West), with said line running approximately through privately maintained channel marker “8”,
Jack Island Area: Those waters lying easterly and northeasterly of Jack Island, northerly of lines which bear North 65° 00' 00" West and North 65° 00' 00" East from the northeasternmost tip of an unnamed mangrove island lying on the south side of Snapper Cut (approximate latitude 27° 29' 17" North, approximate longitude 80° 18' 49" West), and southerly of a line which bears East from the southernmost tip of a peninsula near the north end of the easterly side of Jack Island (approximate latitude 27° 30' 13" North, approximate longitude 80° 18' 33" West), including the waters of the bay immediately west of said peninsula and the canals of Coastal Coves residential area,
Ft. Pierce Cut, Wildcat Cove Area: Those waters of Ft. Pierce Cut and Wildcat Cove, including the canal system of the Coral Cove development, northeasterly of a line which bears North 60° 00' 00" West from a point approximately 2640 feet northeasterly of Cook Point on the southeasterly side of the Ft. Pierce Cut (approximate latitude 27°29'08" North, approximate longitude 80° 18' 28" West),
North Beach Causeway to Delaware Avenue Area: Those waters of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the Atlantic Intercoastal Waterway, southerly of the centerline of the North Beach Causeway Bridge, and northerly of a line which bears South 69° 00' 00" West running through Green Atlantic Intracoastal Waterway Channel Marker “189” (latitude 27° 26' 39" North, longitude 80° 18' 44" West), including those waters of Taylor Creek easterly of the centerline of the North 25th Street Bridge and those waters of Belcher Canal easterly of the salinity control structure located near the North 14th Street Bridge, except as designated for alternative regulation under paragraph (2)(b),
Little Mud Creek Area: Those waters of Little Mud Creek, easterly of a line which bears approximately South 27° 00' 00" East from the tip of a peninsula on the northerly shoreline of Little Mud Creek (approximate latitude 27° 22' 38" North, approximate longitude 80° 15' 36" West) to the westernmost tip of a peninsula on the southerly shoreline of Little Mud Creek (approximate latitude 27° 22' 30" North, approximate longitude 80° 15' 33" West), and westerly of the centerline of the US Highway A-1-A Bridge,
Big Mud Creek Area: Those waters of Big Mud Creek, easterly of a line which bears North 25° 00' 00" East from the northernmost tip of Herman Bay Point (approximate latitude 27° 20' 58" North, approximate longitude 80° 15' 32" West), and westerly of the centerline of the US Highway A-1-A Bridge.

(d) Slow Speed Zone (Year-round) –

Blue Hole Point Area: Those waters of Indian River, channel included, southerly of the Indian River County/St. Lucie County line, and northerly of an East-West line running through Green Atlantic Intracoastal Waterway Channel Marker “173” (latitude 27° 31' 14" North, longitude 80° 20' 18" West), including the waters of Big Starvation Cove, the unnamed backwater northeasterly of Big Starvation Cove in the Northwest 1/4 of Section 3, Township 34 South, Range 40 East, and all the waters of Blue Hole Creek, except as otherwise designated for alternative regulation under subparagraphs (2)(c)1. and (2)(h)1.,
Indrio to North Beach Causeway Area: Those waters within 600 feet of the general contour of the westerly shoreline of Indian River, southerly of an East-West line running through Green Atlantic Intracoastal Waterway Channel Marker “173” (latitude 27° 31' 14" North, longitude 80° 20' 18" West), and northerly of the centerline of the North Beach Causeway Bridge,
Snapper Cut, Southern Jack Island Area: Those waters of the Indian River within 300 feet of the general contour of the westerly and southwesterly shoreline of Jack Island, southerly and southeasterly of a line which bears West from a point on the westerly shoreline of Jack Island (approximate latitude 27° 29' 38" North, approximate longitude 80° 19' 19" West) and northerly and northwesterly of a line which bears North 41° 00' 00" East from the northwesterly tip (approximate latitude 27° 29' 12" North, approximate longitude 80° 19' 02" West) of the unnamed mangrove island that forms the southern boundary of Snapper Cut; and all waters of Snapper Cut and the Indian River easterly and southeasterly of a line which bears North 41° 00' 00" East from said northwesterly tip of the unnamed mangrove island southerly of Jack Island, southwesterly of a line which bears North 65° 00' 00" West from the northeasternmost tip of said unnamed mangrove island (approximate latitude 27° 29' 17" North, approximate longitude 80°18' 49" West), and northerly of the northern shoreline of said unnamed mangrove island that forms the southern boundary of Snapper Cut,
Ft. Pierce Inlet Area: Those waters of Indian River and the Ft. Pierce Inlet, northeasterly of a line 100 feet northeasterly of and parallel with the northeasterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, westerly and northwesterly of a line which bears South from a point on the northerly shoreline of Ft. Pierce Inlet approximately 800 feet southwesterly of the southerly end of Beach Boulevard (approximate latitude 27° 28' 20" North, approximate longitude 80° 17' 45" West), southerly of the centerlines of the North Beach Causeway bridges, and northerly of the general contour of the northerly shoreline of Causeway Island and the centerline of the South Beach Causeway Bridge, except as designated for alternative regulation under subparagraphs (2)(e)2. and (2)(g)1., and excepting the following described waters: Those waters of Indian River southeasterly of the general contour of the southerly shoreline of the North Beach Causeway, northeasterly of a line which bears South 30° 00' 00" East from the southernmost tip of a peninsula near the southwest end of said causeway (approximate latitude 27° 28' 20" North, approximate longitude 80° 19' 14" West), northeasterly of a line which bears North 65° 00' 00" West from a Red Isophase 6 Second Range Light (latitude 27° 28 '02" North, longitude 80° 18' 56" West), northwesterly of a line which bears approximately North 80° 00' 00" East from said Red Isophase 6 Second Range Light, westerly of the general contour of the westerly shoreline of the unnamed mangrove island westerly of the privately maintained channel leading to Jim Island, and southwesterly of a line which bears North 30° 00' 00" West from the northernmost tip of said unnamed mangrove island (approximate latitude 27° 28' 22" North, approximate longitude 80° 18' 40" West); also excepting those waters of Tucker Cove, northwesterly of a line which bears North 30° 00' 00" East from the easternmost tip of Coon Island (approximate latitude 27° 28' 25" North, approximate longitude 80° 17' 55" West), northeasterly of a line which bears approximately North 50° 00' 00" West from said easternmost tip of Coon Island to the easternmost tip of the small unnamed island immediately north of the eastern end of Coon Island, northeasterly of the general contour of the northeasterly shoreline of said unnamed island, and northeasterly of a line which bears approximately North 35° 00' 00" West from the northernmost tip of said unnamed island to the easternmost tip of a peninsula on the westerly shore of Tucker Cove (approximate latitude 27° 28' 34" North, approximate longitude 80° 18' 13" West),
Causeway Island Area: Those waters of Indian River northeasterly of a line 100 feet northeasterly of and parallel with the northeasterly boundary line of the main marked channel of the Atlantic Intracoastal Waterway, southerly of the centerline of the South Beach Causeway Bridge and the general contour of the southerly shoreline of Causeway Island, southwesterly of a line 2,500 feet northeasterly of and parallel with said northeasterly boundary line, and northerly of a line which bears North 69° 00' 00" East running through Green Atlantic Intracoastal Waterway Channel Marker “189” (latitude 27° 26' 39" North, longitude 80° 18' 44" West); those waters of Indian River and Faber Cove lying northerly and northeasterly of an East-West line which runs through private red channel marker “12A” (approximate latitude 27° 27' 41" North, approximate longitude 80° 18' 04" West); and those waters of Indian River lying northerly of the northern boundary of the privately maintained channel on the south side of Causeway Island, northeasterly of a line 2,500 feet northeasterly of and parallel with the northeasterly boundary of the main marked channel of said Intracoastal Waterway, southerly and southwesterly of said East-West line which runs through private red channel marker “12A,” and southerly of the general contour of the southerly shoreline of Causeway Island,
Delaware Avenue to St. Lucie County/Martin County Line Area: Those waters of Indian River westerly of a line 200 feet southwesterly of and parallel with the southwesterly boundary line of the main marked channel of the Atlantic Intracoastal Waterway, southeasterly of a line which bears South 69° 00' 00" West running through Green Atlantic Intracoastal Waterway Channel Marker “189” (latitude 27° 26' 39" North, longitude 80° 18' 44" West), and northerly of the St. Lucie County/Martin County line,
Hook Point to Bear Point Cove Area: Those waters of the Indian River within 1,000 feet of the general contour of the easterly shoreline of said Indian River, southerly of a due West line from a point on said easterly shoreline (approximate latitude 27° 26' 03" North, approximate longitude 80° 17' 51'' West), said point lying approximately 5,800 feet southerly of Hook Point, and northerly and westerly of a line which bears South from the southern tip of Bear Point (approximate latitude 27° 25' 41" North, approximate longitude 80° 17' 18" West); and those waters of Bear Point Cove northerly of a line which bears West from a point located on the easterly shoreline of Indian River (approximate latitude 27° 25' 30" North, approximate longitude 80° 16' 56" West), easterly of a line that bears South from the southern tip of Bear Point (approximate latitude 27° 25' 41" North, approximate longitude 80° 17' 18" West), and northeasterly of a line that bears South 85° 00' 00" East from a point on the aforementioned line bearing South located 1,000 feet southerly of the southerly shoreline of Bear Point to a point on aforementioned line bearing West located 1,000 feet westerly of the easterly shoreline of Indian River,
Bear Point Cove to Herman Bay Area: Those waters of the Indian River within 1,000 feet of the general contour of the easterly shoreline of the Indian River, southerly of a line which bears West from a point on the easterly shoreline of the Indian River (approximate latitude 27° 25' 30" North, approximate longitude 80° 16' 56" West), and northerly of a line which bears West from the southernmost tip of a peninsula on the northwesterly shoreline of Herman Bay (approximate latitude 27° 20' 18" North, approximate longitude 80° 14' 55" West); and those waters easterly of a line that bears North 04° 00' 00" East from a point 1,000 feet West of the westernmost tip of Herman Bay Point (approximate latitude 27° 20' 55" North, approximate longitude 80° 15' 36" West) and those waters of Pete Stones Creek and Middle Cove lying southwesterly of the centerlines of the US Highway A-1-A bridges, excepting the waters of Blind Creek and those waters designated for alternative regulation under subparagraphs (2)(c)6. and (2)(c)7.,
Nettles Island Area: Those waters of the Indian River, including associated canals and boat basins lying southeasterly of a line which bears South 35° 00' 00" West from the southernmost tip of a mangrove peninsula (approximate latitude 27° 17' 30" North, approximate longitude 80° 13' 40" West) to a point 600 feet northwesterly of the northwest tip of Nettles Island, northeasterly of a line 600 feet southwesterly of and parallel with the general contour of the southwesterly shoreline of Nettles Island, and northerly and northeasterly of a line which bears North 85° 00' 00" West from a point on the easterly shoreline of the Indian River (approximate latitude 27° 16' 03" North, approximate longitude 80° 12' 52" West) to a point 600 feet southwesterly of the southwest tip of Nettles Island; and those waters (including all associated canals and boat basins) lying within 600 feet of the general contour of the easterly shoreline of the Indian River southerly of a line which bears North 85° 00' 00" West from a point on the easterly shoreline of the Indian River (approximate latitude 27° 16' 03" North, approximate longitude 80° 12' 52" West) and northerly of the St. Lucie County/Martin County line,
North Fork St. Lucie River Area: Those portions of North Fork St. Lucie River described as follows:

a. Those waters within 600 feet of the general contour of the southwesterly shoreline of said river, northwesterly of the St. Lucie County/Martin County line, and westerly and southerly of a line which bears South from the easternmost tip of the peninsula between North Fork St. Lucie River and Blakeslee Creek (approximate latitude 27° 14' 32" North, approximate longitude 80° 19' 16" West), including all navigable waters of Blakeslee Creek, but excluding the waters of Brill and Winters creeks,

b. Those waters within 600 feet of the general contour of the northeasterly shoreline of said river, northwesterly of the St. Lucie County/Martin County line, and northerly and easterly of a line which bears East 600 feet from the southernmost tip of Greenridge Point (approximate latitude 27° 14' 28" North, approximate longitude 80° 18' 42" West), including all navigable waters of Howard Creek,

c. Those waters of Kitching Cove northwesterly of a line which bears North 60° 00' 00" East from the easternmost tip of a peninsula on the westerly shore of Kitching Cove (approximate latitude 27° 14' 44" North, approximate longitude 80° 19' 17" West),

d. Those waters of C-24 Diversion Canal westerly of the centerline of the Florida Turnpike (Sunshine State Parkway) and easterly of the canal control structure located approximately 2,100 feet westerly of said centerline,

e. Those waters within 1,300 feet downstream and 1,800 feet upstream of said river’s confluence with C-24 Diversion Canal; those waters of the C-24 Diversion Canal easterly of the centerline of the Southbend Boulevard Bridge; and all waters of Mud Cove and Long Creek, including the canal north of Port St. Lucie Boulevard that connects Long Creek to said river,

f. Those waters westerly of approximate longitude 80° 19' 05" West, northerly of approximate latitude 27° 18' 07" North, southerly of approximate latitude 27° 18' 15" North, and easterly of Coral Reef Street, including the waters of the creek and canal easterly of Coral Reef Street,

g. Those waters within 1,000 feet upstream and 2,300 feet downstream of said river’s confluence with the waterway lying south of Calmosa Drive, including said waterway and the waterway lying west of Degan Drive,

h. Those waters northeasterly of the south end of the cut through located approximately 1,000 feet northwesterly of the centerline of the Prima Vista Boulevard Bridge and those waters easterly and northeasterly of the north end of said cut through located approximately 2,300 feet northwesterly of said centerline,

i. All other navigable side creeks and canals not described above or otherwise designated (as depicted on Maps 5-8).

(e) Slow Speed Zone (November 15 through April 30)/Maximum 30 MPH Speed Zone (Remainder of Year) –

Intracoastal Waterway, Ft. Pierce Inlet Area: That portion of the main marked channel of the Atlantic Intracoastal Waterway, and those waters within 100 feet of the eastern and western boundaries of said channel, southeasterly of the centerline of the North Beach Causeway Bridge, and northerly of a line which bears North 69° 00' 00" East running through Green Atlantic Intracoastal Waterway Channel Marker “189” (latitude 27° 26' 39" North, longitude 80° 18' 44" West); and,
Shark Cut, Ft. Pierce Inlet Area: That portion of Shark Cut (Swash Channel) within the channel to be marked by local government (said marked channel to generally follow the contours of the natural channel and not to exceed 250 feet in width), northwesterly of the northern boundary line of the main marked east-west channel leading out of Ft. Pierce Inlet and southeasterly of the northeastern boundary of the main marked channel of the Atlantic Intracoastal Waterway.

(f) Slow Speed Zone (November 15 through April 15) – Fish House Cove Area: Those waters of Indian River and Fish House Cove easterly and northeasterly of a line 100 feet easterly of and parallel with the northeasterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of an East-West line running through Green Atlantic Intracoastal Waterway Channel Marker “173” (latitude 27° 31' 14" North, longitude 80° 20' 18" West), westerly of the general contour of the easterly shoreline of the Indian River and Fish House Cove and a line which bears North 11° 00' 00" West from a point on the westerly side of Garfield Point (approximate latitude 27° 30' 54" North, approximate longitude 80° 19' 38" West), northerly of the general contour of the southerly shoreline of Fish House Cove and the northwesterly shoreline of an unnamed island on the north side of Old Inlet and a line which bears North 45° 00' 00" East from the northernmost tip of said unnamed island (approximate latitude 27° 30' 22" North, approximate longitude 80° 19' 39" West), and northerly and northwesterly of a line which bears South 71° 00' 00" West from a point on the southwestern shoreline of last said unnamed island (approximate latitude 27° 30' 10" North, approximate longitude 80° 19' 43" West), including the waters of the privately maintained channel leading into Garfield Cut from a line 100 feet northeasterly of and parallel with the northeasterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, except as designated for alternative regulation under subparagraph (2)(c)2.

(g) Maximum 25 MPH Speed Zone (Year-round) –

Coon Island, Jim Island Area: That portion of the privately maintained channel westerly of Coon Island and southerly and easterly of Jim Island, northerly and northwesterly of a line bearing North 67° 00' 00" East from Green Beacon “5” (approximate latitude 27° 28' 08" North, approximate longitude 80° 18' 28" West) and southerly and southeasterly of a line bearing East from Green Beacon “11” (approximate latitude 27° 28' 41" North, approximate longitude 80° 18' 38'' West); and,
North Fork St. Lucie River, North of Port St. Lucie Boulevard Area: Those waters of North Fork St. Lucie River, Five Mile Creek and Ten Mile Creek lying between the general contour of the shorelines (excepting associated and navigable tributaries, oxbows, lakes, creeks, coves, backwaters, canals and boat basins, and those waters designated for alternative regulation under subparagraph (2)(d)10.), northerly of approximate latitude 27° 18' 15" North, including those waters of the cut-through beginning at a point located approximately 1,000 feet northeasterly of the centerline of Prima Vista Boulevard and terminating at a point approximately 2,300 feet northwesterly of said centerline (as depicted on Maps 6-8).

(h) Maximum 30 MPH Speed Zone (Year-round) –

Blue Hole Point Area: That portion of the main marked channel of the Atlantic Intracoastal Waterway and those waters within 100 feet of the eastern and western boundaries of said channel, southerly of the Indian River County/St. Lucie County line, and northerly of a line which bears North 77° 00' 00" East running through Green Atlantic Intracoastal Waterway Channel Marker “171” (latitude 27° 32' 10" North, longitude 80° 20' 33" West); and,
North Fork St. Lucie River, Greenridge Point to Port St. Lucie Boulevard Area: Those waters of the North Fork St. Lucie River lying between the general contour of the shorelines of the river (excepting associated and navigable tributaries, oxbows, lakes, creeks, coves, backwaters, canals and boat basins, and those waters designated for alternative regulation under subparagraph (2)(d)10.), northerly of a line which bears East from the easternmost tip of the peninsula between North Fork St. Lucie River and Blakeslee Creek (approximate latitude 27° 14' 32" North, approximate longitude 80° 19' 16" West), and southerly of approximate latitude 27° 18' 07" North (as depicted on Maps 5-6).

(3) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), F.A.C., the following limitations and procedures for exemption application shall apply:

(a) Exemptions shall be considered seasonally or year-round in zones, or portions of zones, described under subparagraphs (2)(d)1. through (2)(d)9. and under paragraph (2)(f).

(b) A recipient of an exemption must maintain speeds of 20 MPH or less at all times within the restricted area and comply with all conditions specified within the notice of exemption, under the provisions of this rule or subsection 68C-22.003(6), F.A.C.

(d) Any commercial fisherman or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C. shall be considered for an exemption, one of which shall be required for each vessel so operated, by completing the application form specified. Applications for exemption in accordance with the provisions of this rule may be obtained from the Fish and Wildlife Conservation Commission, Division of Law Enforcement Office, 1300 Marcinski Road, Jupiter, FL 33477 (telephone (407)624-6935).

(4) Access to the No Entry and Motorboats Prohibited zones designated in paragraphs (2)(a) and (2)(b), above, will be allowed as follows:

(a) Research vessels affiliated with the Harbor Branch Oceanographic Institute will be authorized access to the No Entry zone designated in paragraph (2)(a), for ingress and egress purposes only, in accordance with applicable provisions of Rule 68C-22.003, F.A.C.

(b) Operators of sailboats who are leasing dock space from the public marina within the seasonal Motorboats Prohibited zone designated in paragraph (2)(b), will be authorized access to said dock space for ingress and egress purposes only, in accordance with subsection 68C-22.003(5), F.A.C.

(c) Exemptions for access to the zones designated in paragraphs (2)(a) and (2)(b), if applied for and granted, will be issued to the owners of the respective upland facilities, with guest passes being issued for individual vessels. The owner/operator of the upland facility shall be responsible for issuing guest passes to operators of vessels prior to said vessels entering the respective zones and shall be responsible for informing recipients of guest passes of all applicable restrictions and requirements. For identification purposes, guest passes must be prominently displayed on the vessel while the vessel is within the subject restricted area.

(d) Operators of vessels within the zones designated in paragraph (2)(a) or (2)(b), are to take extreme care while operating within the zones so as not to, either intentionally or negligently, molest, harass, injure, or otherwise harm manatees. Operators will not be held harmless from any actions on their part that result in the harassment, injury or death of a manatee while operating their vessels within these zones.

(5) The zones described in subsection 68C-22.008(2), F.A.C., are depicted on the following maps, labelled “St. Lucie County Manatee Protection Zones” and dated July 1994, which shall replace all previously published maps. Maps provided are intended as depictions of the above-described zones. In the event of conflict between the two, the above descriptions shall prevail.

History

Rulemaking Authority 370.12(2)(f), (n), (o) FS. Law Implemented 370.12(2)(f), (4)(n), (o) FS. History–New 3-19-79, Formerly 16N-22.08, Amended 8-16-94, Formerly 16N-22.008, 62N-22.008.

Fla. Admin. Code R. 68C-22.009 Palm Beach County Zones

(1) For the purpose of regulating the speed and operation of motorboat traffic within the following manatee protection areas between the dates of November 15 and March 31 of each year, paragraphs (b), (d), and (e); year-round but seasonally-differentiated, paragraph (g); and year-round, paragraphs (a), (c), and (f), the Palm Beach County manatee protection zones are established as follows:

(a) Idle Speed Zone (Year-round) –

All waters along the westerly side of Lake Worth, bounded to the north by the southern edge of the Port of Palm Beach Turning Basin, and that line representing its westward extension, west to the mainland; bounded to the south by an east-west line one mile south of an east-west line drawn along the southern end of Peanut Island; bounded to the east by the western boundary of the marked channel of the Atlantic Intracoastal Waterway; and bounded to the west by the western shoreline of Lake Worth, unless otherwise designated under paragraph (1)(e).
All waters within 300 feet of the general contour of the shoreline, including associated backwaters and canals, along the easterly side of Lake Worth from a straight line drawn from Lake Worth Inlet channel flashing red marker “10” through flashing green marker “9” and southeasterly extension thereof, southeasterly to the shore of Palm Beach Island, south to an east-west line one mile south of an east-west line drawn along the southern end of Peanut Island, excluding that partially marked navigation channel south of Lake Worth Inlet along the easterly side of Lake Worth, running from daymark R “2” to daymark R “6” and thence southerly, paralleling the eastern shoreline (except as designated under paragraph (1)(b), for seasonal regulation).
All waters with a northerly limit being a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the northerly end of the fender system of the SR 707 Bridge, the easterly limit being a due north line drawn across Jupiter Inlet from the western tip of the jetty at DuBois Park to the southwest corner of Jupiter Island (and including the small waterbody immediately adjacent to and southerly of said jetty), the westerly limit being a line drawn perpendicular to the channel of the Loxahatchee River at the northwest end of the fender system of the Florida East Coast Railroad Bridge adjacent to the SR 811 (Alternate A-1-A) Bridge, and the southerly limit being a line drawn perpendicular to the channel of the Atlantic Intracoastal Waterway at the southerly end of the fender system of the SR 706 (Indiantown Road) Bridge, including all waters of and tributaries to Sawfish Bay and the Jupiter River, and excluding the main marked channel of the Atlantic Intracoastal Waterway.

(b) Idle Speed Zone (Seasonal) – All waters of Lake Worth bounded to the north by a line drawn from Lake Worth Inlet channel flashing red marker “10” running westerly along the line of channel markers marking the northern edge of the Port of Palm Beach Turning Basin and westerly extension thereof, westward to the mainland; bounded to the northeast by a straight line drawn from flashing red marker “10” through flashing green marker “9” and southeasterly extension thereof, southeasterly to the shoreline of Palm Beach Island; bounded to the east by the eastern shoreline of Lake Worth; bounded to the west by the western shoreline of Lake Worth; and bounded to the south by an east-west line one mile south of an east-west line drawn along the southern end of Peanut Island, which are not otherwise designated under paragraph (1)(e).

All waters from a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the north end of the fender system of the Palmetto Park Road Bridge, southward to the south end of the fender system of the Camino Real Boulevard Bridge southerly of Lake Boca Raton, including all of Lake Boca Raton eastward to the Ocean Avenue (SR A-1-A) Bridge over the Boca Raton Inlet.
All waters from marker “56” (lat 26° 22' 26.380" N, long 80° 04' 25.390" W) in the northerly end of Lake Wyman southward to marker “63” (lat 26° 21' 38.240" N, long 80° 04’ 25.670” W).
All waters along the westerly side of Lake Worth, bounded to the north by an east-west line one mile south of an east-west line drawn along the southern end of Peanut Island; bounded to the east by the western boundary of the marked channel of the Atlantic Intracoastal Waterway; bounded to the south by the Flagler Memorial Bridge (A1A); and, bonded to the west by the western shoreline of Lake Worth.
All waters within 300 feet of the general contour of the shoreline from an east-west line one mile south of an east-west line drawn along the southern end of Peanut Island south to the Lantana Avenue (SR 812) Bridge in Lantana, including those nearshore waters within 300 feet of all islands, whether natural or manmade; excluding (a) the main marked channel of the Atlantic Intracoastal Waterway, and (b) that partially marked navigation channel south of Lake Worth Inlet along the easterly side of Lake Worth, running from daymark R “2” to daymark R “6” and thence southerly, paralleling the eastern shoreline, south to Flagler Memorial Bridge.
All waters within 300 feet of the general contour of the shoreline in the Loxahatchee River, including associated backwaters and canals, from a line drawn perpendicular to the centerline of the Loxahatchee River at the northwest end of the fender system of the Florida East Coast Railroad Bridge adjacent to the SR 811 (Alternate A1A) Bridge westward to the Loxahatchee River Road Bridge (easterly end of the C-18 Canal) on the Southwest Fork, to the Martin County/Palm Beach County line on the Northwest Fork, and to the Tequesta Drive Bridge on the North Fork.
All waters from the Martin County/Palm Beach County line southerly to a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the northerly end of the fender system of the SR 707 Bridge, excluding the main marked channel of the Atlantic Intracoastal Waterway.
All waters within 300 feet of the general contour of the shoreline in the northerly end of Lake Worth from the A1A Bridge south to the Blue Heron Boulevard Bridge, excluding the main marked channel of the Atlantic Intracoastal Waterway, and including all associated backwaters and canals and the shorelines of Munyon Island and Little Munyon Island, and the shorelines of all other islands, whether natural or manmade (unless otherwise designated), and including the additional waters described as follows:

a. All waters bounded: on the northwest by a line from the northerly end of Munyon Island northeasterly to the eastern shore of Lake Worth, measured along a perpendicular to said eastern shore; on the west by the eastern shores of Munyon Island and Little Munyon Island, by a line drawn between them at the shortest distance, and by a line drawn from the southerly end of Little Munyon Island to the westerly extension of Pine Point Road (where said westerly extension intersects the eastern shoreline of Lake Worth); and on the southerly and easterly by the shoreline of Lake Worth including the shallow northerly extension of these waters lying easterly of A-1-A and southerly of Turtle Beach Road.

b. All waters northerly of the Blue Heron Boulevard (or Riviera Beach) Bridge, westerly of the marked channel of the Intracoastal Waterway, and southerly of a line drawn from marker “32” (lat 26° 47' 44" N, long 80° 02' 51.5" W), west to the mainland.

All waters within 300 feet of the general contour of the shoreline, including associated backwaters and canals, along the easterly side of Lake Worth from the Blue Heron Boulevard Bridge south to a straight line drawn from Lake Worth Inlet channel flashing red marker “10” through flashing green marker “9” and southeasterly extension thereof, southeasterly to the shore of Palm Beach Island, including those nearshore waters within 300 feet of Peanut Island and all other islands, whether natural or manmade; excluding:

a. The Lake Worth Inlet easterly of a line running southward from the southwest corner of Singer Island to the southern shore of the Inlet,

b. The Lake Worth Inlet Channel westerly of said line; and,

c. The main marked channel of the Atlantic Intracoastal Waterway.

All waters within 300 feet of the general contour of the shoreline (including the shoreline of all islands, whether natural or manmade), excluding the main marked navigation channel of the Atlantic Intracoastal Waterway, and including associated backwaters and canals, on the westerly side of Lake Worth from the Blue Heron Boulevard Bridge south to a line of channel markers marking the northern boundary of the Port of Palm Beach Turning Basin, and westward extension thereof.
All waters, including associated backwaters, from the Lantana Avenue Bridge (SR 812) in Lantana south to an east-west line running through flashing red marker “52” approximately 0.6 mile northerly of the East Ocean Avenue Bridge in Boynton Beach, excluding:

a. The Atlantic Intracoastal Waterway channel,

b. The area within 300 feet westerly of the western boundary of the Atlantic Intracoastal Waterway channel northerly of an east-west line running through flashing red marker “48”,

c. The area within 300 feet east of the eastern boundary of the Intracoastal Waterway channel from 300 feet southerly of the southerly end of Hypoluxo Island to an east-west line drawn along the northern edge of Pine Island (or “Beer Can Island”),

d. The portion of the backwater area to the east of Hypoluxo Island designated under sub-subparagraph (1)(c)11.g.; and,

e. The marked east-west channel of Boynton Inlet from its confluence with the Atlantic Ocean west to the marked channel of the Atlantic Intracoastal Waterway.

All waters within 50 feet of the general contour of the shoreline, including associated backwaters and canals unless otherwise designated, and excluding the marked navigation channel of the Atlantic Intracoastal Waterway, as follows:

a. In Lake Worth Creek from the Indiantown Bridge (SR 706) southward to its confluence with Lake Worth,

b. In Little Lake Worth,

c. From an east-west line running through flashing red marker “52” approximately 0.6 mile northerly of the East Ocean Avenue Bridge in Boynton Beach southward to marker “56” (lat 26° 22' 26.380" N, long 80° 04' 25.390" W), in the northerly end of Lake Wyman in Boca Raton,

d. From the south end of the fender system of the Camino Real Boulevard Bridge southerly of Lake Boca Raton southward approximately 1.3 miles to the Palm Beach County/Broward County line,

e. Along the northerly (Palm Beach County) side of the Hillsboro Canal (separating Palm Beach and Broward counties) from the Atlantic Intracoastal Waterway west to the west side of Military Trail (SR 809),

f. That portion of the El Rio Canal from its intersection with the Hillsboro Canal north to SR 798,

g. Those backwaters east of Hypoluxo Island from the Lantana Avenue Bridge to a line 50 feet northerly of the north end of the island lying easterly of the southerly end of Hypoluxo Island; and,

h. From a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway running through marker “63” southward to a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the north end of the fender system of the Palmetto Park Road (SR 798) Bridge.

All waters within the C-18 Canal from the Loxahatchee River Road Bridge westward to Structure S-46.
All backwaters, canals and tributaries off of Lake Worth Creek, including those waterbodies known as Jonathan’s Landing, Admiral’s Cove, and Frenchman’s Creek.
All waters from the northerly confluence of the North Palm Beach Waterway and Lake Worth Creek (Intracoastal Waterway) southward in the North Palm Beach Waterway to its confluence with the C-17 Canal (Earman River), westward in the C-17 Canal to the saltwater intrusion dam (S-44) approximately 4,100 feet west of the intersection of the North Palm Beach Waterway and the C-17 Canal, and eastward in the C-17 Canal to its confluence with Lake Worth, inclusive of all connecting waters southerly of the confluence of the North Palm Beach Waterway and the C-17 Canal.
All waters within the backwater area northerly of the Spanish River Boulevard Bridge in Boca Raton, westerly of the Atlantic Intracoastal Waterway, and southerly of NE 51st Street and easterly extension thereof.
All waters of the North Fork of the Loxahatchee River from the Tequesta Drive Bridge north to the Martin County/Palm Beach County line, excluding the main marked navigation channel.
All waters of the West Palm Beach (C-51) Canal easterly of US 1 (Structure S-155) to its confluence with the Atlantic Intracoastal Waterway.
All waters of the Boynton (C-16) Canal easterly of US 1 (Structure S-41) to its confluence with the Atlantic Intracoastal Waterway.
All waters of the C-15 Canal easterly of US 1 (Structure S-40) to its confluence with the Atlantic Intracoastal Waterway.

(d) Slow Speed (Seasonal) –

All waters southerly of an east-west line parallel to and one mile south of an east-west line drawn along the southern end of Peanut Island and northerly of an east-west line parallel to and 1.75 miles south of an east-west line drawn along the southern end of Peanut Island.
All waters of the Loxahatchee River from the northwesterly end of the fender system of the Florida East Coast Railroad Bridge adjacent to the SR 811 (Alternate A1A) Bridge westward up the river and northwesterly to the Palm Beach County/Martin County line, excluding the main (posted) navigation channel to within one-eighth (1/8) mile westerly of the northwesterly end of the fender system of the Florida East Coast Railroad Bridge.
All waters of the North Fork of the Loxahatchee River from its confluence with the Loxahatchee River north to the Tequesta Drive Bridge, excluding the main (posted) navigation channel.
All waters of the Southwest Fork of the Loxahatchee River from its confluence with the Loxahatchee River west to the Loxahatchee River Road Bridge.
All waters within 100 feet of the general contour of the north and south shores of Jupiter Inlet respectively from a north-south line drawn through the westerly ends of the Jupiter Inlet concrete seawalls, located approximately 600 feet west of the inlet’s confluence with the Atlantic Ocean at the southeastern tip of Jupiter Island, westerly to a north-south line drawn from the western tip of the jetty at DuBois Park to the southwest corner of Jupiter Island, excluding those waters lying waterward of each of two east-west lines drawn from the westerly ends of said seawalls westward to their point of intersection with the above-described 100-foot shoreline boundary.
All waters of Lake Worth bounded to the north by an east-west line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the north shoreline of Phil Foster Island approximately 650 feet north of the centerline of the Blue Heron Boulevard (Riviera Beach) Bridge; bounded to the east by the eastern shoreline of Lake Worth; bounded to the west by the western shoreline of Lake Worth; bounded to the south by a line drawn from flashing red marker “10” running westerly along the line of channel markers marking the northern edge of the Port of Palm Beach Turning Basin and westerly extension thereof, westward to the mainland, and bounded to the southeast by a straight line drawn from flashing red marker “10” through flashing green marker “9,” and southerly extension thereof, southeasterly to the shore of Palm Beach Island, excluding those waters within the Lake Worth Inlet easterly of a line running southward from the southwest corner of Singer Island to the southern shore of the inlet.

(e) Motorboats Probitied Zone. – All waters lying within Lake Worth, commencing at a point exactly 300 feet north of the northeast corner of the Riviera Beach Power Plant discharge canal, thence easterly to a point 100 feet west of the western boundary of the Intracoastal Waterway channel, lying within Township 42 South and Range 43 East; thence running southerly parallel to and 100 feet west of the western boundary of the Intracoastal Waterway channel for a distance of 700 feet to a point within Township 43 South and Range 43 East; thence westerly to the shoreline to a point 300 feet south of the southeast corner of the discharge canal; thence northerly 300 feet to the southeast corner of the discharge canal; thence westerly 150 feet, northerly 100 feet, and easterly 150 feet to the northeast corner of the discharge canal (inclusive of the entire waterbody comprising the Riviera Beach Power Plant discharge canal); thence northerly 300 feet to the point of origin. The precise boundaries and effective period of the zone will be posted each year between November 15 and March 31.

(f) Maximum 25 MPH Zone (Year-round) – All waters as described below: That portion of the main marked channel of the Atlantic Intracoastal Waterway from the Martin County/Palm Beach County line southerly to a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the northerly end of the fender system of the SR 707 Bridge.

(g) Maximum 30 MPH Zone (June 1 through September 30)/Maximum 25 MPH Zone (Remainder of Year) – All waters as described below, except where otherwise designated or posted for more restrictive regulation for the purpose of manatee protection or boating safety:

That portion of the Atlantic Intracoastal Waterway, to within 50 feet of the general contour of the shoreline and including the main marked channel, from a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the south end of the fender system of the State Road 706 (Indiantown) Bridge southerly to the intersection of Lake Worth Creek and Lake Worth,
That portion of the Atlantic Intracoastal Waterway, to within 50 feet of the general contour of the shoreline and including the main marked channel, from an east-west line running through flashing red marker “52” southerly to the Palm Beach County/Broward County line; and,
That portion of the marked channel of the Atlantic Intracoastal Waterway east of Boynton Canal from an east-west line running through flashing red marker “48” southerly to an east-west line running through flashing red marker “52.”

(2) Any races involving power-driven vessels within areas designated for regulation under the provisions of this rule shall be approved by all appropriate permitting agencies including but not limited to the U.S. Coast Guard, and shall receive prior approval from the Commission.

(3) Regulations restricting motorboat speed and operation, as set forth herein, are not intended to supersede any existing regulations duly established by federal, state, or local authority which are more restrictive in nature. Where differing regulations exist, regulatory markers posted shall reflect the most restrictive requirement. Permitted markers as posted are presumptive evidence of zone boundaries, as intended.

(4) Those waters designated under subparagraphs (1)(a)1. and 2., paragraph (1)(b), subparagraphs (1)(c)3., 4., 8. and 9., and (1)(d)1. and 6., wherein protection zones were previously established and enforced (as adopted March 19, 1979), shall remain unaffected by exemption provisions for the purpose of boat/motor testing as set forth under subsection 68C-22.003(7), F.A.C.

(5) The zones described in subsection 68C-22.009(1), F.A.C., herein are depicted on the following maps, labeled “Palm Beach County Manatee Protection Zones, Map A through Map F” dated November 1990, on a map labeled “Palm Beach County, 25-MPH Manatee Protection Zones, Jupiter Sound Area” dated February 1991, and on three maps labeled “Palm Beach County 25 MPH and Summer Season 30 MPH Manatee Protection Zones” with each respectively depicting the “Lake Worth Creek Area” and “Southern ICW Area (Maps 1 and 2)” dated March 1993, the latter three of which shall replace the three previously published maps labeled “Palm Beach County, 25-MPH Manatee Protection Zones” dated February 1991 and respectively depicting the “Lake Worth Creek Area” and Southern ICW Area (Maps 1 and 2): (Maps provided herewith are intended as depictions of the above-described zones. In the event of conflict between the two, the above descriptions shall prevail.)

History

Rulemaking Authority 370.12(2)(n) FS. Law Implemented 370.12(2)(n) FS. History–New 3-19-79, Formerly 16N-22.09, Amended 2-15-90, 12-24-90, 3-13-91, 7-20-93, Formerly 16N-22.009, 62N-22.009.

Fla. Admin. Code R. 68C-22.010 Broward County Zones

(1)(a) The Commission hereby designates the waters within Broward County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by establishing safe havens and regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat.

(b) In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs.

(2) The following year-round and seasonal zones are established, which exclude all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, and other waterways unless otherwise designated or specifically described for inclusion. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83). Access to the NO ENTRY zones designated hereunder will be provided in accordance with subsection (4), below, and applicable provisions of Rule 68C-22.003, F.A.C.

(a) No Entry –

Port Everglades Power Plant Area – Those waters of the discharge canal of the Florida Power & Light Company’s Port Everglades Power Plant and associated waterways, south and east of the discharge points at the plant (westernmost point of canal at approximate latitude 26° 05' 04" North, approximate longitude 80° 07' 35" West), and west of a line that bears 196° from a point on the seawall along the northern shoreline of the discharge canal at the canal’s intersection with the Intracoastal Waterway (approximate latitude 26° 04' 43" North, approximate longitude 80° 06' 56" West) to a point on the southern shoreline of the discharge canal (approximate latitude 26° 04' 41" North, approximate longitude 80° 06' 56" West); and those waters of the tributaries and associated waters south of the discharge canal; and,
Lauderdale Power Plant Area – Those waters of the cooling ponds and canal system of the Florida Power & Light Company’s Lauderdale Power Plant, south of the southern edge of the State Road 84 Bridge, west of S.W. 29th Avenue and S.W. 30th Avenue, south and east of the southern and eastern shoreline of South New River Canal (also shown as South Fork New River on some maps) and north of S.W. 42nd Street and S.W. 43rd Court.

(b) Idle Speed – North New River Canal, South New River Canal Area: Those waters of South Fork New River, North New River Canal and South New River Canal, and associated waterways, west of the southerly extension of the centerline of S.W. 27th Avenue, east of the southerly extension of the centerline of S.W. 34th Avenue and north of a line that bears 295° from a point on the eastern shoreline of South New River Canal (approximate latitude 26° 04' 50" North, approximate longitude 80° 11' 11" West) roughly 1300 feet southwest of the eastbound Interstate 595 Bridge over the South New River Canal (also shown as South Fork New River on some maps), to include those waters of Florida Power & Light Company’s canal that connects to South Fork New River lying north of the southern edge of the State Road 84 Bridge.

Port Everglades Power Plant Area – Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline, south of a line that bears 90° from an angle point in the seawall on the western shoreline of the Intracoastal Waterway (approximate latitude 26° 05' 10" North, approximate longitude 80° 06' 51" West) and north of a line that bears 270° from a point on the on the eastern shoreline of the Intracoastal Waterway (approximate latitude 26° 04' 16" North, approximate longitude 80° 06' 49" West) roughly 2300 north of where Dania Cut-off Canal intersects the Intracoastal Waterway, including all waters of Whiskey Creek northwest of the centerline of the northernmost Ocean Drive Bridge; and,
South New River Canal, Dania Cut-off Canal Area – All waters of South New River Canal and Dania Cut-off Canal, including associated waterways, south of a line that bears 90° from a point on the western shoreline of South New River Canal (approximate latitude 26° 04' 16" North, approximate longitude 80° 12' 04" West) roughly 1,300 north of where Dania Cut-off Canal intersects South New River Canal, east of a line that bears 344° from the northernmost point of the eastern seawall of the residential canal west of S.W. 42nd Terrace (approximate latitude 26° 04' 02" North, approximate longitude 80° 12' 12" West), and west of the northerly extension of the centerline of S.W. 33rd Avenue.

(d) Slow Speed –

Hillsboro Canal and Deerfield Island Park Area – Those waters within 50 feet of the general contour of the southern and southwestern shoreline of Hillsboro Canal, north of the westerly extension of the general contour of the northern shoreline of Deerfield Island Park (Capone Island), and east of the western side of the Military Trail Bridge; all waters of Hillsboro Canal and associated waterways, shoreline to shoreline, south of the westerly extension of the general contour of the northern shoreline of Deerfield Island Park (Capone Island), and west of the general contour of the western shoreline of the Intracoastal Waterway; and all waters of the Atlantic Intracoastal Waterway and associated waterways, shoreline to shoreline, south of a line that bears North 89° from the southernmost tip of Deerfield Island Park (latitude 26° 18' 57" North, longitude 80° 04' 55" West), and north of a line drawn perpendicular to the centerline of the waterway 525 feet south of the centerline of the Hillsboro Boulevard (State Road 810) Bridge,
Hillsboro Inlet Area – Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline, south of a line drawn perpendicular to the centerline of the waterway running through Red Atlantic Intracoastal Waterway Channel Marker “68A” (approximate latitude 26° 16' 33" North, approximate longitude 80° 04' 52" West), and north of a line drawn perpendicular to the centerline of the waterway 1,850 feet south of the centerline of the N.E. 14th Street Bridge, to include those waters of Hillsboro Bay and Hillsboro Inlet northwest of a line drawn perpendicular to the centerline of the inlet channel 150 feet northwest of the seaward extremity of the southwestern Hillsboro Inlet jetty,
Cypress Creek and Pompano Canal – Those waters of Cypress Creek west of the centerline of the US Highway 1 Bridge, and east of the salinity control structure located approximately 300 feet east of the Dixie Highway (State Road 811) Bridge; and those waters of Pompano Canal north of Cypress Creek and southeast of the centerline of the South Cypress Road Bridge,
Middle River Area – Those waters of South Fork Middle River west of the centerline of the US Highway 1 Bridge, and east of the centerline of the N.W. 31st Avenue Bridge; and those waters of North Fork Middle River west of the centerline of the US Highway 1 Bridge, south of the centerline of the Oakland Park Boulevard (State Road 816) Bridge, and east of the river’s intersection with South Fork Middle River, near Interstate I-95,
Port Everglades Area – Those waters of New River, Stranahan River (including the canals and associated waterways west of the Intracoastal Waterway, east of Cordova Road, and north of S.E. 17th Street), Port Everglades Turning Basin, Lake Mable, and the Atlantic Intracoastal Waterway, east of the northerly extension of Cordova Road, south and west of a line that bears 310° from the westernmost angle point of the seawall at Burnham Point (approximate latitude 26° 06' 38" North, approximate longitude 80° 06' 32" West), south and west of a line that bears approximately 300° from the northwesternmost corner of the seawall of the U.S. Naval Reservation on the south side of the Port Everglades entrance channel (approximate latitude 26° 05' 33" North, approximate longitude 80° 06' 41" West) to the southwesternmost corner of the seawall of Harbor Heights Development (approximate latitude 26° 05' 42" North, approximate longitude 80° 06' 58" West), and north of a line that bears 90° from an angle point in the seawall on the western shoreline of the Intracoastal Waterway (approximate latitude 26° 05' 10" North, approximate longitude 80° 06' 51" West) to include the waters of the three boat slips on the western side of Port Everglades Turning Basin; waters specifically excluded from this zone are those waters of Sylvan Lake and the canals and other associated waterways of Harbor Beach Development, with the zone boundary being a line drawn from point to point along the western ends of the seawalls forming the general contour of the eastern shoreline of Stranahan River (western limits of Harbor Beach Development) and the general contour of the southern shoreline of New River (northern limits of Harbor Beach Development),
Atlantic Intracoastal Waterway, Dania Cut-off Canal Area to South of Dania Beach Boulevard – Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline, south of a line that bears 270° from a point on the eastern shoreline of the Intracoastal Waterway (approximate latitude 26° 04' 16" North, approximate longitude 80° 06' 49" West) roughly 2,300 north of where Dania Cut-off Canal intersects the Intracoastal Waterway, and north of a line that bears 90° from the southernmost tip of a peninsula on the western side of the Intracoastal Waterway (approximate latitude 26° 02' 55" North, approximate longitude 80° 06' 58" West) roughly 1,600 feet south of the Dania Beach Boulevard Bridge; and all waters west of the western boundary of the main marked channel of the Intracoastal Waterway in the vicinity of the aforementioned peninsula, south of the northern shoreline of the bay to the west of the aforementioned peninsula, and north of a line roughly 1,940 feet south of the Dania Beach Boulevard Bridge that bears 90° from a point on the western shoreline (approximate latitude 26° 02' 52" North, approximate longitude 80° 07' 03" West),
Whiskey Creek Area – Those waters of Whiskey Creek, southeast of the centerline of the northernmost Ocean Drive Bridge, and east of the eastern shoreline of the Intracoastal Waterway,
New River Area – Those waters of New River, Tarpon River, North Fork New River and South Fork New River, west of the northerly extension of Cordova Road, east of the salinity control structure in North Fork New River located approximately 600 feet west of N.W. 34th Avenue, and east of the southerly extension of the centerline of S.W. 27th Avenue across South Fork New River, to include the waters of Marina Bay (located just to the west of Interstate 95),
North New River Canal Area – Those waters of North New River Canal, west of the southerly extension of the centerline of S.W. 34th Avenue, and east of the salinity control structures located approximately 1,000 feet north of and approximately 1,400 feet east of the intersection of East Holloway Canal and North New River Canal, including all waters of the canal system of the Plantation Isles Development south of Peters Road and west of S.W. 53rd Avenue and S.W. 54th Avenue,
South New River Canal Area – Those waters of South New River Canal, south of South Fork New River, and east of the S.W. 100th Avenue Bridge, except as otherwise designated for alternative regulation,
Dania Cut-off Canal Area – Those waters of Dania Cut-off Canal west of the western shoreline of the Intracoastal Waterway, and east of the northerly extension of the centerline of S.W. 33rd Avenue, including all waters of that portion of Whiskey Creek and associated waterways west of the western shoreline of the Intracoastal Waterway and south of the southern shoreline of Dania Cut-off Canal; and,
C-10 Canal – Those waters of C-10 Canal, south of the southern shoreline of Dania Cut-off Canal, and north of the centerline of the Hollywood Boulevard (State Road 820) Bridge.

(e) Slow Speed (Weekends and Holidays, November 15 through March 31) – This zone applies on weekends and those holidays identified in Section 110.117, F.S., that occur during this period (from 7:00 a.m. to 7:00 p.m.) for the following described waters: Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline, south of a line drawn perpendicular to the centerline of the waterway 500 feet south of the centerline of the Atlantic Boulevard Bridge, and north of a line that bears 310° from the westernmost angle point of the seawall at Burnham Point (approximate latitude 26° 06' 38" North, approximate longitude 80° 06' 32" West), including all boat basins and associated waterways south of East Las Olas Boulevard; and all waters of Lake Santa Barbara and associated waterways west of the Intracoastal Waterway and east of the centerline of the US Highway 1 Bridge over Cypress Creek.

(f) Slow Speed (November 15 through March 31) –

Palm Beach County line to Channel Marker “68A”: Those waters of the Atlantic Intracostal Waterway, shoreline to shoreline, south of the Palm Beach County line and north of a line drawn perpendicular to the centerline of the waterway running through Red Atlantic Intracoastal Waterway Channel Marker “68A” (approximate latitude 26° 16' 33" North, approximate longitude 80° 04' 52" West), except as otherwise designated for more restrictive regulation; and,
Atlantic Boulevard Area: Those waters of the Atlantic Intracostal Waterway, shoreline to shoreline, south of a line drawn perpendicular to the centerline of the waterway 1,850 feet south of the centerline of the N.E. 14th Street Bridge, and north of a line drawn perpendicular to the centerline of the waterway 500 feet south of the centerline of the Atlantic Boulevard Bridge.

(g) Maximum 25 MPH/Slow Speed Buffer – This zone includes a Slow Speed designation for all waters within 50 feet of the shorelines, and a maximum 25 MPH speed limit designation for all waters outside the 50-foot shoreline buffer (and including portions of the Atlantic Intracoastal Waterway channel where it is marked), within the following areas: All waters of the Atlantic Intracoastal Waterway when not otherwise designated for more restrictive regulation south of the Palm Beach County-Broward County line, and north of the Broward County-Miami-Dade County line, including all waters of Lake Santa Barbara and associated waterways west of the Intracoastal Waterway and east of the centerline of the U.S. Highway 1 Bridge over Cypress Creek.

(3) The following provisions pertain to issuance of permits for the purpose of powerboat racing within the Atlantic Intracoastal Waterway. The following conditions, limitations, and procedures shall apply:

(a) Procedures related to the application for, as well as review and issuance of, these permits shall be as set forth in Rule 68C-22.003, F.A.C.

(b) Permits shall be limited as follows:

Permits shall be considered only for racing events to be held within the area between the southern end of the fender system of the East Las Olas Bridge and a line that bears 310° from the westernmost angle point of the seawall at Burnham Point (approximate latitude 26° 06' 38" North, approximate longitude 80° 06' 32" West),
Permits shall be considered only for racing events to be held between April 1 and October 31; and,
Permits shall be considered only for racing events to be held during daylight hours.

(4) Access to the discharge canal adjacent to the Florida Power and Light Port Everglades Power Plant as designated as a No Entry Zone under subparagraph (2)(a)1., above, shall be permitted for enforcement, emergency, and repair vessels and for other vessels for engineering or research purposes in association with operations of the Port Authority or the Commission. No permit or letter of authorization from the Commission is needed for these parties.

(5) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

History

Rulemaking Authority 370.12(2) FS. Law Implemented 370.12(2) FS. History–New 3-19-79, Formerly 16N-22.10, Amended 12-5-89, 6-16-93, Formerly 16N-22.010, Amended 12-18-94, 6-25-96, Formerly 62N-22.010, Amended 11-14-11.

Fla. Admin. Code R. 68C-22.011 Citrus and Associated County (Parts of Levy and Hernando) Zones

(1) For the purpose of protecting manatees and manatee habitat in Citrus County and within closely associated portions of Levy and Hernando counties, the following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels, and boat basins, unless otherwise designated or excluded: (Seasonal limits, if they apply, are specified within each zone classification.)

(a) Slow Speed Zone (Year-round) –

Withlacoochee River:

a. That part of the Withlacoochee River northeasterly of a line which bears South 38° 00' 00" East (True) from the intersection of the northwesterly shoreline of the Withlacoochee River with the westerly shoreline of the Cormorant/Egret Canal (approximate latitude 29° 01' 05" North, approximate longitude 82° 43' 37" West) and northwesterly of the general contour of the southerly shoreline of the Bypass Channel on the northerly side of the Cross Florida Barge Canal in the Northeast Quarter of Section 12, Township 17 South, Range 16 East, including that portion of the Bypass Channel westerly of the spillway.

b. That part of the Withlacoochee River easterly of a line which bears North 00° 00' 00" East (True) extending from the easternmost point of an unnamed island west of the Highway 40 Boat Ramp (approximate latitude 29°00'04" North, approximate longitude 82° 45'47" West) to a point south of the unnamed island (approximate latitude 29°00'01" North to approximate longitude 82°45'46" West), westerly of a line which bears North 00° 00' 00" East (True) through a point north of Chambers Island (approximate latitude 29° 00'04.3" North to approximate longitude 82°45'36.5" West), and southerly of a line which bears South 73° 00' 00" West (True) between the northernmost shoreline of the Highway 40 Boat Ramp (approximate latitude 29°00'05.7" North, approximate longitude 82° 45'42" West) and the easternmost point of the unnamed island.

Homosassa River Area:

a. All waters outside the main marked channel of the Homosassa River northerly of a line which bears North 90° 00' 00" East (True) from the easternmost tip of an unnamed island southerly of Shell Island (approximate latitude 28° 46' 02" North, approximate longitude 82° 41' 18" West) passing through the southernmost shoreline of a small unnamed island to the westerly shoreline of a large unnamed island (approximate latitude 28° 46' 02" North, approximate longitude 82° 41' 03" West), northeasterly of a line which bears South 10° 00' 00" East (True) from a point on the southern shoreline of Shell Island (approximate latitude 28° 46' 07" North, approximate longitude 82° 41' 24" West) passing through the easternmost shoreline of a small unnamed mangrove island to the unnamed island south of Shell Island (approximate latitude 28° 46' 03" North, approximate longitude 82° 41' 23" West), southeasterly of a line which bears North 35° 00' 00" East (True) from the easternmost point of Shell Island (approximate latitude 28° 46' 07" North, approximate longitude 82° 41' 22" West) to a point on the southeasterly shoreline of a peninsula of the unnamed island north of Shell Island (approximate latitude 28° 46' 03" North, approximate longitude 82° 41' 17" West), southerly of a line which bears South 90° 00' 00" West (True) from a point on the southwesterly shoreline of an unnamed island southerly of False Channel (approximate latitude 28° 46' 23" North, approximate longitude 82° 40' 55" West) to the easterly shoreline of an unnamed island (approximate latitude 28° 46' 23" North, approximate longitude 82° 40' 59" West), southeasterly of a line which bears North 25° 00' 00" East (True) from the northeasternmost tip of a peninsula of the unnamed island southerly of False Channel (approximate latitude 28° 46' 31" North, approximate longitude 82° 40' 38" West) to the southernmost shoreline of a peninsula northerly of False Channel (approximate latitude 28° 46' 37" North, approximate longitude 82° 40' 36" West), southerly of a line which bears South 90° 00' 00" West (True) from a point on the easterly shoreline of the Salt River near the northerly line of Section 36, Township 19 South, Range 16 East (approximate latitude 28° 47' 20" North, approximate longitude 82° 38' 26" West) to the westerly shoreline of Salt River, westerly of a line which bears South 12° 00' 00" West from the southernmost tip of the shoreline of Lashley Point (approximate latitude 28° 47' 08" North, approximate longitude 82° 38' 08" West) to the southerly shoreline of the Homosassa River, and northerly of a line which bears South 90° 00' 00" West from the northernmost tip of a peninsula on the easterly shore of Petty Creek (approximate latitude 28° 46' 42" North, approximate longitude 82° 38' 45" West) to the westerly shoreline of Petty Creek, except as otherwise designated in paragraph 68C-22.011(1)(l), F.A.C.; and,

b. That part of the Homosassa River and Halls River easterly of a line which bears North 00° 00' 00" East (True) running through the northernmost tip of the westernmost shoreline of a canal serving the Trade Winds Marina (approximate latitude 28° 47' 37" North, approximate longitude 82° 36' 22" West), westerly of the easterly line of Section 29, Township 19 South, Range 17 East, and southerly of a line being the easterly extension of the northerly shoreline of the Nature’s Resort Canal from a point on the northerly shoreline of said canal (approximate latitude 28° 48' 12" North, approximate longitude 82° 36' 25" West).

Crystal River Area – Waters of Crystal River as follows:

a. That part of Crystal River easterly of a line which bears North 00° 00' 00" East (True) running through the daybeacon north of Shell Island (latitude 28° 55' 34" North, longitude 82° 41' 38" West), northwesterly of a line which bears North 45° 00' 00" East (True) running through the daybeacon northeasterly of Shell Island (latitude 28° 55' 32" North, longitude 82° 41' 26" West), northerly of the northerly shoreline of Shell Island and southerly of the unnamed island northerly of Shell Island and a line which bears North 27° 00' 00" West (True) running through the aforementioned daybeacon northeasterly of Shell Island (latitude 28° 55' 32" North, longitude 82° 41' 26" West); and,

b. That part of Crystal River easterly of a line which bears North 00° 00' 00" East (True) running through a point approximately 300 feet easterly of the centerline of the trail leading to “The Rocks” on the northerly side of the river (longitude 82° 38' 26" West), westerly of a line which bears North 00° 00' 00" East (True) from the centerline of the unimproved dirt road (approximate longitude 82° 38' 18" West) approximately 350 feet westerly of the easterly line of Section 24, Township 18 South, Range 16 East; and that part of Salt River southwesterly of Crystal River, easterly of a line which bears North 00° 00' 00" East (True) from a point on the northeasterly shoreline of the unnamed island northwesterly of Little Coon Gap (approximate latitude 28° 54' 04" North, approximate longitude 82° 39' 17" West), northeasterly of a line which bears North 30° 00' 00" West (True) from a point on the westernmost point of the unnamed island southeasterly of Little Coon Gap (approximate latitude 25° 53' 58" North, approximate longitude 82° 39' 17" West) and northwesterly of a line which bears North 78° 00' 00" West (True) from the southernmost point of the peninsula on the southeasterly shoreline of Coon Gap (approximate latitude 25° 53' 48" North, approximate longitude 82° 39' 02" West).

(b) Slow Speed Zone (November 15 through April 30)/Maximum 25 MPH Zone (Remainder of Year) – Florida Power Corporation Effluent Canal Area: All waters of the Florida Power Corporation Effluent Canal westerly of the eastern terminus of the effluent canal, and that part of Crystal Bay lying easterly of a line which bears approximately North 45° 00' 00" East (True) from a point on the northerly side of a spit of land being the westerly extension of the southerly shoreline of the effluent canal, said point being located approximately 1,500 feet easterly of the westerly tip of said spit (approximate latitude 29° 57' 34" North, approximate longitude 82° 44' 22" West) to the southernmost tip of the unnamed island (approximate latitude 29° 57' 58" North, approximate longitude 82° 43' 56" West), and southerly of a line which bears approximately South 75° 00' 00" East (True) from the southernmost tip of said unnamed island to the southernmost tip of a peninsula (approximate latitude 29° 57' 54" North, approximate longitude 82° 43' 40" West).

That part of the Withlacoochee River easterly of a line which bears North 00° 00' 00" East (True) through a point north of Chambers Island (approximate latitude 29° 00' 04.3" North to approximate longitude 82° 45' 36.5" West) and southerly of a line which bears South 38° 00' 00" East (True) from the intersection of the northwesterly shoreline of the Withlacoochee River with the westerly shoreline of the Cormorant/Egret Canal (approximate latitude 29° 01' 05" North, approximate longitude 82° 43' 37" West);
That part of the Withlacoochee River southeasterly of the general contour of the southerly shoreline of the Cross Florida Barge Canal and westerly of the Inglis Lock (at the westerly end of Lake Rousseau); and,
That part of Bennetts Creek southerly of the general contour of the southerly shoreline of the Withlacoochee River and East Pass northerly of a line which bears approximately South 75° 00' 00" West (True) from the southernmost tip of a peninsula (approximate latitude 28° 59' 41" North, approximate longitude 82° 44' 48" West) to the southernmost tip of a peninsula of an unnamed island southwesterly of East Pass (approximate latitude 28° 59' 37" North, approximate longitude 82° 45' 03" West), northeasterly of a line which bears North 50° 00' 00" West (True) from the northernmost tip of said unnamed island (approximate latitude 28° 59' 52" North, approximate longitude 82° 45' 17" West) to the easternmost tip of Chambers Island (approximate latitude 28° 59' 53" North, approximate longitude 82° 45' 19" West), easterly of a line which bears South 00° 00' 00" West (True) from a point on the northerly shoreline of the Withlacoochee River (approximate latitude 29° 00' 05" North, approximate longitude 82° 45' 22" West), and southwesterly of a line which bears approximately South 65° 00' 00" East (True) from the aforementioned point on the northerly shoreline of the Withlacoochee River.

(d) Slow Speed Zone (April 1 through August 31)/Maximum 25 MPH Zone (Remainder of Year) – Chassahowitzka River: That part of the Chassahowitzka River northeasterly of a line which bears North 35° 00' 00" West (True) from a point on the northwesterly shoreline of Johns Island (approximate latitude 28° 41' 23" North, approximate longitude 82° 38' 27" West) to a point on the easternmost tip of a peninsula of an unnamed island (approximate latitude 28° 41' 37" North, approximate longitude 82° 38' 38" West), southerly of a line which bears North 90° 00' 00" East (True) from a point on the northeasternmost tip of a peninsula of an unnamed island (approximate latitude 28° 41' 49" North, approximate longitude 82° 38' 34" West) to the southerly shoreline of an unnamed island (approximate latitude 28° 41' 49" North, approximate longitude 82° 38' 31" West), westerly of the easterly line of the Southwest 1/4 of Section 28, Township 20 South, Range 17 East, southeasterly of a line which bears South 30° 00' 00" West (True) from the westernmost tip of a peninsula of an unnamed island on the northerly shore of Pumpkin Creek (approximate latitude 28° 41' 57" North, approximate longitude 82° 38' 18" West) to a point on the northeasterly shoreline of an unnamed island on the southerly shore of Pumpkin Creek (latitude 28° 41' 53" North, longitude 82° 38' 22" West), southeasterly of a line which bears North 40° 00' 00" East (True) from a point on the northeasterly shoreline of an unnamed island on the southerly shore of Gator Creek (approximate latitude 28° 42' 16" North, approximate longitude 82° 37' 28" West) to a point on the southwesterly shoreline of an unnamed island on the northerly shore of Gator Creek (approximate latitude 28° 42' 19" North, approximate longitude 82° 37' 24" West), southeasterly of a line which bears North 35° 00' 00" East (True) from a point on the northeasterly shoreline of an unnamed island on the southwesterly shore of Little Gator Creek (approximate latitude 28° 42' 20" North, approximate longitude 82° 37' 18" West) to a point on the southwesterly shoreline of an unnamed island on the northeasterly shore of Little Gator Creek (approximate latitude 28° 42' 22" North, approximate longitude 82° 37' 17" West), easterly of a line which bears North 00° 00' 00" East (True) running through the easternmost tip of an unnamed island (approximate latitude 28° 42' 51" North, approximate longitude 82° 36' 57" West), southeasterly of a line which bears North 35° 00' 00" East (True) from a point on the southwesterly shoreline of Stevenson Creek (approximate latitude 28° 43' 06" North, approximate longitude 82° 36' 55" West) to a point on the northeasterly shoreline of Stevenson Creek (approximate latitude 28° 43' 17" North, approximate longitude 82° 36' 54" West), northwesterly of a line which bears North 35° 00' 00" East (True) from a point on the southwesterly shoreline of May Creek (approximate latitude 28° 41' 31" North, approximate longitude 82° 38' 07" West) to a point on the northeasterly shoreline of May Creek (approximate latitude 28° 41' 33" North, approximate longitude 82° 38' 05" West), northwesterly of a line which bears North 60° 00' 00" East (True) from a point on the southwesterly shoreline of Ryle Creek (approximate latitude 28° 42' 07" North, approximate longitude 82° 37' 08" West) to a point on the northeasterly shoreline of Ryle Creek (approximate latitude 28° 42' 08" North, approximate longitude 82° 37' 07" West), northwesterly of a line which bears North 45° 00' 00" East (True) from the northernmost tip of the westerly shoreline of Crawford Creek (approximate latitude 28° 42' 17" North, approximate longitude 82° 36' 54" West) to a point on the northernmost tip of the easterly shoreline of Crawford Creek (approximate latitude 28° 42' 18" North, approximate longitude 82° 36' 52" West), and westerly of a line which bears North 00° 00' 00" East (True) from a point on the southerly shoreline of Johnson Creek (approximate latitude 28° 42' 42" North, approximate longitude 82° 36' 37" West) to a point on the northerly shoreline of Johnson Creek (approximate latitude 28° 42' 43" North, approximate longitude 82° 36' 37" West).

(e) Slow Speed Zone (September 1 through April 30) – Kings Bay: That part of Kings Bay southeasterly of a line which bears North 53° 00' 00" East (True) from the northeasternmost point of an island on the southwesterly shore of Crystal River (approximate latitude 28° 53' 32" North, approximate longitude 82° 36' 23" West) to the southwesternmost point of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 16" West), northerly of a line which bears North 67° 00' 00" East (True) from the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the southernmost tip of a point of land on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West), and southwesterly of a line which bears North 35° 00' 00" West (True) from the northernmost tip of Bonita Isle (approximate latitude 28° 53' 27" North, approximate longitude 82° 35' 51" West) to a point on the southeasternmost tip of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 01" West), except as otherwise designated under sub-subparagraph (1)(i)1.d.

(f) Slow Speed Zone (October 1 through April 30)/Maximum 25 MPH Zone (Remainder of Year) –

Homosassa River Area: Waters of the Homosassa River as follows:

a. That part of the Homosassa River easterly of a line which bears South 12° 00' 00" West (True) from the southernmost tip of the shoreline of Lashley Point (approximate latitude 28° 47' 08" North, approximate longitude 82° 38' 08" West) to the southerly shoreline of the Homosassa River, westerly of a line which bears North 00° 00' 00" East (True) through a point 100 feet westerly of the northernmost tip of the western shoreline of Otter Creek (approximate latitude 28° 46' 55" North, approximate longitude 82° 37' 19" West) and that part of Price Creek southerly of a line which bears North 65° 00' 00" West (True) running through the southernmost tip of an unnamed island (approximate latitude 28° 47' 38" North, approximate longitude 82° 38' 04" West) including the canals and associated waters of the residential development on the south side of the Homosassa River in Section 31, Township 19 South, Range 17 East; and,

b. That part of the Homosassa River easterly of a line that bears 142° from a point (approximate latitude 28° 47' 16'' North, approximate longitude 82° 36' 58'' West) on the northern shoreline of the Homosassa River and westerly of a line that bears 360° running through the northernmost tip of the western shoreline of a canal serving the Trade Winds Marina (approximate latitude 28° 47' 38" North, approximate longitude 82° 36' 21" West), including those waterways south of the river easterly of a line that bears 180° from a point (approximate latitude 28° 47' 8'' North, approximate longitude 82° 36' 59'' West) on the northern shoreline of the waterway that intersects the river southeast of Monkey Island (near the western terminus of West Xanadu Path).

Halls River: That part of Halls River northerly of a line being the easterly extension of the northerly shoreline of the Nature’s Resort Canal from a point on the northerly shoreline of said canal (approximate latitude 28° 48' 12" North, approximate longitude 82° 36' 25" West).

(g) Maximum 25 MPH Zone in Central Corridor, Slow Speed Outside –

Crystal River Area: The Commission will mark a central corridor in the below-described Crystal River area, which shall be designated a “Maximum 25 MPH Zone” (year-round). All other waters outside the corridor within the below-described area shall be designated as Slow Speed.
Those waters of the Crystal River included within this designation are as follows:

a. That part of Crystal River including South Pass and Little South Pass northeasterly of a line which bears approximately North 20° 00' 00" West (True) from the westernmost point of the shoreline of Fort Island (approximate latitude 28° 54' 38" North, approximate longitude 82° 41' 46" West) to the southernmost point of the shoreline of Shell Island (approximate latitude 28° 55' 04" North, approximate longitude 82° 41' 57" West), southeasterly of a line which bears North 45° 00' 00" East (True) running through the daybeacon northeasterly of Shell Island (latitude 28° 55' 32" North, longitude 82° 41' 26" West) and westerly of a line which bears North 00° 00' 00" East (True) running through a point approximately 300 feet easterly of the centerline of the trail leading to “The Rocks” on the northerly side of the river (longitude 82° 38' 26" West); and,

b. That part of Crystal River easterly of a line which bears North 00° 00' 00" East (True) from the centerline of the unimproved dirt road (approximate longitude 82° 38' 18" West) approximately 350 feet westerly of the easterly line of Section 24, Township 18 South, Range 16 East and northwesterly of a line which bears North 53° 00' 00" East (True) from the northeasternmost point of an island on the southwesterly shore of Crystal River (approximate latitude 28° 53' 32" North, approximate longitude 82° 36' 23'' West) to the southwesternmost point of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 16" West), except those canals and associated waters otherwise designated under sub-subparagraph (1)(i)1.a.

(h) Idle Speed Zone (Year-round) –

Crystal River Area: Waters of the Crystal River and Kings Bay as follows:

a. Those canals and associated waters north and south of Crystal River easterly of a line which bears North 00° 00' 00" East (True) from the centerline of the unimproved dirt road (approximate longitude 82° 38' 18" West) approximately 350 feet westerly of the easterly line of Section 24, Township 18 South, Range 16 East and westerly of the centerline of Commanche Street including all waters associated with the Indian River Canal,

b. That part of Kings Bay northeasterly of a line which bears North 35° 00' 00" West (True) from the northernmost tip of Bonita Isle (approximate latitude 28° 53' 27" North, approximate longitude 82° 35' 51" West) to a point on the southeasternmost tip of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 01" West) including the associated waters of Magnolia Shores, Cedar Cove, Hunter’s Spring Bay and the canals of the Springs of Paradise subdivision northerly of Paradise Point Road,

c. That part of Kings Bay southerly and southeasterly of a line which bears South 23° 00' 00" West (True) from the southernmost tip of a point of land on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West) to the northernmost tip of Warden Key (approximate latitude 28° 52' 52" North, approximate longitude 82° 35' 53" West), and southerly and southwesterly of a line which bears South 40° 00' 00" East (True) from a point on the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the aforementioned northernmost tip of Warden Key; and,

d. Those waters separating the island of Crystal Shore Estates from the mainland, southerly of the centerline of Pine Street, and westerly of the general contour of the westerly shoreline of Kings Bay being a line bearing South 50° 00' 00" East from the southernmost tip of the island (approximate latitude 28° 53' 26" North, approximate longitude 82° 36' 23" West), and all waters of that drainage canal westerly of the general contour of the westerly shoreline of Kings Bay, the mouth of which is located approximately 400 feet southerly of the southernmost tip of the island of Crystal Shore Estates.

Homosassa River Area:

a. That part of the Homosassa River easterly of a line which bears North 17° 00' 00" West (True) from a point on the western shoreline of Shell Island (approximate latitude 28° 46' 12" North, approximate longitude 82° 41' 43" West) to the southernmost tip of a peninsula on the southern shoreline of the unnamed island north of Shell Island (approximate latitude 28° 46' 15" North, approximate longitude 82° 41' 44" West) and northwesterly of a line which bears North 35° 00' 00" East (True) from the easternmost point of Shell Island (approximate latitude 28° 46' 07" North, approximate longitude 82° 41' 22" West) to a point on the southeasterly shoreline of a peninsula of the unnamed island north of Shell Island (approximate latitude 28° 46' 03" North, approximate longitude 82° 41' 17" West),

b. That part of the Homosassa River easterly of a line that bears North 360° through a point 100 feet westerly of the northernmost tip of the western shoreline of Otter Creek (approximate latitude 28° 46' 55" North, approximate longitude 82° 37' 19" West) and westerly of a line that bears 142° from a point (approximate latitude 28° 47' 16'' North, approximate longitude 82° 36' 58'' West) on the northern shoreline of the Homosassa River, including that part of Otter Creek and associated waters northerly of the centerline of Mason Creek Road,

c. That part of the Homosassa River easterly of the easterly line of Section 29, Township 19 South, Range 17 East, except as otherwise designated under paragraph (1)(m),

d. The canals and associated waters of the residential development northerly of the Homosassa River and easterly of Price Creek and westerly of a line which bears North 00° 00' 00" East (True) through a point 100 feet westerly of the northernmost tip of the western shoreline of Otter Creek (approximate latitude 28° 46' 55" North, approximate longitude 82° 37' 19" West),

e. The canals and associated waters of the residential development southeasterly of Halls River Road (State Road 490-A), northerly of the Homosassa River and westerly of Halls River; and,

f. All waters of the Nature’s Resort Canal and associated waters in Section 29, Township 19 South, Range 17 East.

Withlacoochee River Area: All waters of Crooked Creek, northerly of the general contour of the northerly shoreline of the Withlacoochee River, and southerly of a line bearing North 60° 00' 00" East (True) from the intersection of the general contour of the southerly shoreline of Bird Creek with the general contour of the westerly shoreline of Crooked Creek (approximate latitude 29° 00' 35" North, approximate longitude 82° 44' 58" West).

(i) Idle Speed (September 1 through April 30) – Kings Bay: That part of Kings Bay southeasterly of a line which bears North 67° 00' 00" East (True) from the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the southernmost tip of a point of land on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West), northwesterly of a line which bears South 23° 00' 00" West (True) from the aforementioned point on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West) to the northernmost tip of Warden Key (approximate latitude 28° 52' 52" North, approximate longitude 82° 35' 53" West) and northeasterly of a line which bears South 40° 00' 00" East (True) from a point on the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the aforementioned northernmost tip of Warden Key.

(j) Maximum 35 MPH/25 MPH Nighttime Zone (May 1 through August 31) –

Kings Bay: That part of Kings Bay southeasterly of a line which bears North 53° 00' 00" East (True) from the northeasternmost point of an island on the southwesterly shore of Crystal River (approximate latitude 28° 53' 32" North, approximate longitude 82° 36' 23" West) to the southwesternmost point of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 16" West), northerly of a line which bears North 67° 00' 00" East (True) from the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the southernmost tip of a point of land on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West), and southwesterly of a line which bears North 35° 00' 00" West (True) from the northernmost tip of Bonita Isle (approximate latitude 28° 53' 27" North, approximate longitude 82° 35' 51" West) to a point on the southeasternmost tip of a peninsula of Magnolia Shores (approximate latitude 28° 53' 38" North, approximate longitude 82° 36' 01" West).
Kings Bay: That part of Kings Bay southeasterly of a line which bears North 67° 00' 00" East (True) from the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the southernmost tip of a point of land on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West), northwesterly of a line which bears South 23° 00' 00" West (True) from the aforementioned point on the northeasterly shoreline of Kings Bay (approximate latitude 28° 53' 13" North, approximate longitude 82° 35' 43" West) to the northernmost tip of Warden Key (approximate latitude 28° 52' 52" North, approximate longitude 82° 35' 53" West) and northeasterly of a line which bears South 40° 00' 00" East (True) from a point on the northeasternmost tip of a peninsula over which West Auld Road passes on the southwesterly shore of Kings Bay (approximate latitude 28° 53' 04" North, approximate longitude 82° 36' 05" West) to the aforementioned northernmost tip of Warden Key.

(k) Maximum 25 MPH Zone (Year-round) –

All waters of the gulf coast area of Citrus, Levy and Hernando counties, southerly of a line which bears North 90° 00' 00" East (True) from a point which lies 1500 feet North 00° 00' 00" East (True) of Green Channel Marker “35” (latitude 28° 59' 55" North, longitude 82° 46' 32" West) marking the channel entrance to the Withlacoochee River, northerly of a line running due west from a point on the northwesterly shoreline of Johns Island (approximate latitude 28° 41' 23" North, approximate longitude 82° 38' 27" West) and easterly of a sinuous line which is 1,000 feet westerly of the general contour of the outer shorelines of the westernmost islands of Citrus County and the above-described portions of Levy and Hernando counties (said sinuous line is generally described as running from the aforementioned point 1,500 feet north of Green Channel Marker “35”, southerly through Marker “35”; 1,000 feet southwesterly of the southerly tip of Chambers Island; 1,000 feet westerly of the westerly shoreline of Captain Joe Island, the small unnamed island southwesterly of the southern end of Lutrell Island and Drum Island; through the westerly boundary of Demory Gap; through Flashing Green Channel Marker “47” (latitude 28° 56' 49" North, longitude 82° 45' 12" West); through the northerly boundary of Tin Pan Gap; 1,000 feet westerly of Black Point, the westernmost tip of Shell Island, the western shoreline of the small unnamed island west of Fort Island, the western shoreline of the unnamed island in Section 21, Township 18 South, Range 16 East, the northwesterly shoreline of Sandy Hook Island, Shark Point, Mangrove Point, the unnamed island north of Long Point, Long Point, Green Point, the unnamed islands north and south of Grey Mare Pass; 500 feet westerly of the westerly shoreline of Rock Island; 1,000 feet southwesterly of the southwesterly shoreline of Roach Key and the southwesterly shorelines of the westerly islands of “The Suncoast Keys” group of islands; 200 feet northeasterly of Ship Rock; 1,000 feet westerly of Greenleaf Key, Mendit Key, Long Point, and Drum Key; 1,000 feet westerly and southerly of Chassahowitzka Point Island; 1,000 feet southwesterly of the southwesterly shorelines of the westerly islands of the “Northwest Keys” group of islands and the unnamed triangular island northwest of Sugar Spot Island; and 1,000 feet westerly of the westerly shoreline of Buckhorn Key); except as otherwise designated for regulation.
Cross Florida Barge Canal: That part of the Cross Florida Barge Canal and Cross Florida Barge Canal Channel northeasterly of a line which bears South 22° 00' 00" East (True) running through Red Channel Marker “24” (latitude 28° 57' 37" North, longitude 82° 50' 07" West) and southwesterly of the westerly end of the Inglis Lock.
Those waters of the main marked channel of the Homosassa River, as described in sub-subparagraph (1)(b)2.a., above.
All inland waters of Citrus County, except as otherwise designated above.
Withlacoochee River: That part of the Withlacoochee River westerly of a line which bears North 00° 00' 00" East (True) extending from the easternmost point of an unnamed island west of the Highway 40 Boat Ramp (approximate latitude 29°00'04" North, approximate longitude 82° 45'47" West) to a point south of the unnamed island (approximate latitude 29°00'01" North to approximate longitude 82°45'46" West) including the waters within part of the main marked channel of the Withlacoochee River northeasterly of a line which bears South 53° 00' 00" East (True) running through Green Channel Marker “33” (latitude 28° 59' 50.1" North, longitude 82° 46' 36.9" West).

(l) No Entry Zone (November 15 through March 31)/Idle Speed (Remainder of Year) – Blue Waters Area of the Homosassa River:

Those waters southwest of a line bearing 145° from a point (approximate latitude 28° 47' 57.6" North, approximate longitude 82° 35' 23.6" West) on the southeastern shoreline of the peninsula on the north side of Blue Waters to a point (approximate latitude 28° 47' 55.7" North, approximate longitude 82° 35' 22.7" West) on the southeastern shoreline of Blue Waters (said line runs between the existing Restricted Area signs posted by the Homosassa Springs State Wildlife Park) and north of a line beginning at a point (approximate latitude 28° 47' 56.3" North, approximate longitude 82° 35' 27.1" West) on the southwestern shoreline of the peninsula on the north side of Blue Waters and bearing 139° for a distance of 117 feet to a point (approximate latitude 28° 47' 55.4" North, approximate longitude 82° 35' 26.2" West) in the water, and then bearing 91° for a distance of approximately 224 feet to the line’s terminus at a point (approximate latitude 28° 47' 55.4" North, approximate longitude 82° 35' 23.7" West) on the southeastern shoreline of Blue Waters north of the River Pavilion of the Homosassa Springs State Wildlife Park;
Those waters south of a line forty feet (40') north of and parallel to the general contour of the southern shoreline of the Homosassa River at Blue Waters, east of a north-south line from the point (approximate latitude 28° 47' 54.2" North, approximate longitude 82° 35' 29.8" West) where the southern shoreline of the Homosassa River at Blue Waters intersects the eastern shoreline of the first canal downstream of Blue Waters, and west of a line bearing 21° from a point (approximate latitude 28° 47' 53.2" North, approximate longitude 82° 35' 25.1" West) on the southern shoreline of the Homosassa River at Blue Waters approximately 270 feet northwest of the West Fishbowl Drive Bridge.

(a) Exemptions shall apply to zones, or portions of zones, specified as follows for the purpose of setting nets to encircle fish only. Exemptions shall be considered year-round for waters described within subparagraphs 1. and 2., below, and shall be considered for the period of November 15 through January 31 for the waters described in paragraph 3., below:

That portion of the Crystal River outside the marked channel (within areas designated as Slow Speed) generally from the Gulf of America to its confluence with the Salt River, as described in sub-subparagraph (1)(h)2.a., above.
That portion of the Homosassa River outside the marked channel (within areas designated as Slow Speed), generally from the Gulf of America easterly to a north-south line running through channel marker “58”, as partially described in sub-sub-paragraph (1)(b)2.a., above.
That portion of the coastal waters of Citrus County adjacent to the Florida Power Corporation Effluent Canal, as partially described in paragraph (1)(c), above.

(b) A recipient of an exemption must maintain speeds of less than 20 MPH at all times within the restricted area, and comply with any and all conditions specified within the notice of exemption as well as under the provisions of this rule and subsection 68C-22.003(6), F.A.C.

(d) Any commercial fisherman or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for the exemption, one of which shall be required for each vessel so operated, by completing the application form specified. Applications for exemption in accordance with the provisions of this rule may be obtained from the Fish and Wildlife Conservation Commission, Division of Law Enforcement Office, 10247 North Suncoast Boulevard, Crystal River, FL 34428-6715 (telephone (352)447-1633).

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Amended 2-23-81, 12-4-85, Formerly 16N-22.11, Amended 1-27-92, Formerly 16N-22.011, 62N-22.011, Amended 11-14-02, 4-24-16, 4-27-25.

Fla. Admin. Code R. 68C-22.012 Volusia County and Associated County (Parts of Putnam, Lake, and Seminole) Zones

(1) The Commission designates those portions of the St. Johns River basin and the Halifax/Indian River and Tomoka River basin within Volusia and adjacent counties, as described below, as areas where manatees are frequently sighted. The Commission has further determined that they are assumed to inhabit these waters periodically or continuously. This rule is for the purpose of regulating the speed and operation of motorboats in these designated areas in Volusia County as well as in counties adjacent to Volusia County in portions of the St. Johns River basin. In addition to Volusia County, waters within the following counties are regulated within the provisions of this rule: Putnam, Lake, and Seminole. In balancing the rights of fishermen, boaters, and waterskiers to use these waterways for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for higher speed travel corridors through regulated areas. Such corridors are provided in those areas where the Commission determined, on the basis of all available information, (1) there is a need for the corridor and (2) the corridor will not result in serious threats to manatees or their habitat (as defined in Rule 68C-22.001, F.A.C.). Higher speed corridors are not provided in areas where both of the above findings were not made.

(2) For the purpose of regulating the speed and operation of motorboats in order to protect manatees within portions of the St. Johns River Basin, year-round and seasonal zones are established as follows:

(a) Slow Speed Zone (Year-round) – The following described zones shall include all navigable waters and all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, mosquito ditches, and boat basins, unless otherwise designated or excluded:

Lake George Area: All waters within 750 feet of the general contour of the westerly shoreline of Lake George and the St. Johns River southerly of a line bearing North 90° 00' 00" East (True) running through Flashing Red Channel Marker “68” (latitude 29° 23' 32" North, longitude 81° 39' 27" West) near Black Point and northerly of a line bearing South 20° 00' 00" East (True) running through the southernmost point of Rocky Point (approximate latitude 29° 20' 13" North, approximate longitude 81° 39' 30" West); and, all waters within 1,500 feet of the general contour of the westerly shoreline of Lake George southwesterly of a line bearing South 20° 00' 00" East (True) running through the southernmost point of Rocky Point and westerly of the main marked channel at the confluence of the St. Johns River at the southerly end of Lake George, and northerly of a line bearing North 70° 00' 00" East (True) which lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel Marker “18” (latitude 29° 12' 05" North, longitude 81° 34' 20" West), excepting Salt Springs Creek; and that part of Lake George lying northeasterly of a line 600 feet southwesterly of and parallel with the centerline of the main marked channel at the southerly end of Lake George, southerly of a line which bears North 90° 00' 00" East (True) running through the north end of the jetty, westerly of a line which bears North 45° 00' 00" West (True) running from the shoreline at the northern tip of Zinder Point (approximate latitude 29° 12' 14" North, approximate longitude 81° 34' 10" West) and northerly of a line bearing North 70° 00' 00" East (True) which lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel Marker 18 (latitude 29° 12' 05" North, longitude 81° 24' 20" West);
St. Johns River from Lake George to Lake Dexter: Waters southerly of a line bearing North 70° 00' 00" East (True) which lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel Marker “18” (latitude 29° 12' 05" North, longitude 81° 34' 20" West) and northerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Channel Marker “8” (latitude 29° 07' 24" North, longitude 81° 30' 19" West), as follows:

a. Within 50 feet of the general contour of the shoreline of the St. Johns River proper; and,

b. Within all tributaries, lakes, creeks, backwaters, coves, canals, and boat basins associated with the afore-described portion of the St. Johns River, including Blue Creek, Cross Creek, Hitchens Creek, Payne Creek, Axle Creek, and Morrison Creek;

West end of Lake Dexter: All waters outside the main marked channel of the Florida Intracoastal Waterway within that portion of Lake Dexter southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Channel Marker “8” (latitude 29° 07' 24" North, longitude 81° 30' 19" West), and westerly of a line which bears North 00° 00' 00" East (True) running from the shoreline of Dexter Point through the shoreline of the northernmost point of the west end of Dexter Island (approximate latitude 29° 06' 06" North, approximate longitude 81° 29' 56" West), inclusive of waters northerly of a line which bears North 90° 00' 00" East (True) running through the shoreline of the northernmost point of Dexter Island (approximate latitude 29° 06' 06" North, approximate longitude 81° 29' 56" West),
Lake Dexter Area: All waters within 1500 feet of the general contour of the shoreline of Lake Dexter easterly of a line which bears North 00° 00' 00" East (True) running from the shoreline of Dexter Point through the general contour of the shoreline of the northernmost point of the west end of Dexter Island (approximate latitude 29° 06' 06" North, approximate longitude 81° 29' 56" West), and westerly of a line which bears North 00° 00' 00" East (True) running through the westernmost tip of the shoreline of the large unnamed island at the eastern end of the lake (approximate latitude 29° 06' 40" North, approximate longitude 81° 27' 43" West),
Lake Dexter/Tick Island Area: All waters within the general contour of the shoreline of those portions of Lake Dexter and Tick Island Creek easterly of a line which bears North 00° 00' 00" East (True) running through the westernmost tip of the shoreline of the large unnamed island at the eastern end of Lake Dexter (approximate latitude 29° 06' 40" North, approximate longitude 81° 27' 43" West) and westerly of a line which bears North 55° 00' 00" East (True) running from the shoreline of Tick Island to the shoreline of the westernmost point of the south bank of Cypress Branch (approximate latitude 29° 06' 54" North, approximate longitude 81° 25' 54" West), except as described under subparagraph (2)(a)6., below,
Eph Creek, Tick Island Mud Lake, Harry's Creek Area: All waters of Eph Creek, Cross Creek, Tick Island Mud Lake, Taylor Creek, Harry’s Creek and Honey Creek southerly of the confluence of Lake Dexter with Eph Creek, easterly of the confluence of the St. Johns River with Cross Creek, westerly of the confluence of Lake Woodruff with Harry’s Creek, and northeasterly of the confluence of Honey Creek with the St. Johns River,
Lake Woodruff Area: All waters within 1,500 feet of the general contour of the shoreline of Lake Woodruff southerly of a line which bears North 55° 00’ 00" East (True) running from the general contour of the shoreline of Tick Island to the general contour of the shoreline of the westernmost point of the south bank of Cypress Branch (approximate latitude 29° 06' 54" North, approximate longitude 81° 25' 54" West), excepting Spring Garden Creek,
Scoggin Creek Area: All waters of Scoggin Creek southerly of the confluence of Lake Woodruff with Scoggin Creek; including the canal southwesterly of the southwesterly shore of Lake Woodruff, easterly of Harry’s Creek, and westerly of Norris Dead River,
Norris Dead River, Zeigler Dead River, Highland Park Canal Area: All waters of Norris Dead River and Scoggin Lake southerly of Lake Woodruff, all waters of Zeigler Dead River, all waters of Highland Park Canal, all waters of Blue Peter Lake, and Daisy Lake, and all other associated waters south of Lake Woodruff and east of the St. Johns River,
Spring Garden Creek Area: All waters within Spring Garden Creek northeasterly of a line which bears North 55° 00’ 00" West (True) running through the shoreline from the tip of a point of land on the southerly bank of Spring Garden Creek (approximate latitude 29° 06' 47" North, approximate longitude 81° 24' 10" West) and southerly of a line which bears North 50° 00' 00" East (True), running through the northerly tip of an unnamed island (approximate latitude 29° 07' 03" North, approximate longitude 81° 24' 10" West),
St. Johns River – Lake Dexter to Honey Creek Area: Waters southerly of a line which bears North 90° 00' 00" East (True) running through the shoreline of the northernmost point of the west end of Dexter Island (approximate latitude 29° 06' 00" North, approximate longitude 81° 29' 56" West) and northerly of a line running between Flashing Red Channel Marker “32” (latitude 29° 01' 59" North, longitude 81° 24' 14" West) and Green Channel Marker “31,” as follows:

a. Within 50 feet of the general contour of the shoreline of the St. Johns River proper; and,

b. Within all tributaries, lakes, and creeks associated with the above-described portion of the St. Johns River, including Stagger Mud Lake, Stagger Creek, Alexander Spring Creek, Kimball Lake, Lee Lake, Adams Lake, Get Out Creek, Twin Lakes, Horseshoe Mud Lake, the St. Francis Dead River, and Honey Creek;

St. Johns River–Honey Creek to Beresford Peninsula Canal Area: Waters of the St. Johns River southerly of a line running between Flashing Red Channel Marker “32” (latitude 29° 01' 59" North, longitude 81° 24' 14" West) and Green Channel Marker “31” and northerly of a line which bears North 45° 00' 00" West (True) from the shoreline of the westernmost tip of the northeasterly bank of the unnamed finger canal of the Beresford Peninsula (approximate latitude 28° 58' 40" North, approximate longitude 81° 21' 33" West) to the shoreline of the western bank of the St. Johns River, as follows:

a. Within 50 feet of the general contour of the shoreline of the St. Johns River proper; and,

b. Within all tributaries, lakes, and creeks associated with the above-described portion of the St. Johns River, including Mud Lake, Shell Creek, and Dean Dead River;

St. Johns River-Beresford Peninsula Canal to Lake Beresford Area: All waters of the St. Johns River southerly of a line which bears North 45° 00' 00" West (True) from the shoreline of the westernmost tip of the northeasterly bank of the unnamed finger canal of the Beresford Peninsula (approximate latitude 28° 58' 40" North, approximate longitude 81° 21' 33" West) to the shoreline of the western bank of the St. Johns River and westerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Channel Marker “60” (latitude 28° 58' 42" North, longitude 81° 21' 00" West),
Hontoon Dead River Area: All waters of the Hontoon Dead River lying southerly and southwesterly of longitude 81° 21' 41" West at the St. Johns River near the Beresford Peninsula, including navigable portions of Snake Creek and the unnamed canals connecting Hontoon Dead River with the St. Johns River and their associated waters;
Lake Beresford Area: Waters of Lake Beresford as follows:

a. All waters lying northerly of latitude 29° 00' 04" North,

b. All waters within 300 feet of the general contour of the easterly and westerly shorelines of Lake Beresford southerly of latitude 29° 00' 04" North, and northerly of a line which bears North 90° 00' 00" East (True), running through the “snag” near the western shore of Lake Beresford (approximate latitude 28° 58' 48" North, approximate longitude 81° 20' 56" West); and,

c. All waters within 1,000 feet of the general contour of the westerly, southerly, and easterly shorelines lying southerly of a line which bears North 90° 00' 00" East (True) running through the “snag” near the western shore of Lake Beresford (approximate latitude 28° 58' 48" North, approximate longitude 81° 20' 56" West);

St. Johns River-Lake Beresford to Lake Monroe Area: Waters southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Channel Marker “63” (latitude 28° 58' 26" North, longitude 81° 20' 47" West) and northerly of the end of the fender system on the easterly side of the Interstate Highway 4 Bridge at the west end of Lake Monroe as follows, except as otherwise designated for seasonal or year-round regulation in paragraphs (2)(b), (c), (d) and (f):

a. All waters outside the main marked channel of the St. Johns River,

b. Those waters of the St. Johns River, from shoreline to shoreline including the marked channel, southerly of a line bearing North 90° 00' 00" East (True) running through Flashing Green Channel Marker “67” (latitude 28° 57' 30" North, longitude 81° 21' 01" West) and northerly of a line bearing North 90° 00' 00" East (True) running through Flashing Green Channel Marker “69” (latitude 28° 56' 55" North, longitude 81° 20' 46" West), and those waters from shoreline to shoreline including the marked channel southerly of a line bearing South 25° 00' 00" East (True) running through Green Channel Marker “75” (latitude 28° 56' 16" North, longitude 81° 20' 49" West) and northerly of a line bearing North 90° 00' 00" East (True) running through Flashing Green Channel Marker “81” (latitude 28° 55' 22" North, longitude 81° 21' 08" West); and,

c. All tributaries, creeks, lakes, bends, coves, canals, boat basins, discharge canals, and backwaters associated with the above-described portions of the St. Johns River, including Beresford Bend, Dutchmans Bend, Florida Bend, Volusia Cove, Coxetter’s Bend, Emanual Bend, Guyan Cove, The Big Whirl, July Slough, Butcher’s Bend, Butcher’s Pen Slough, and Alexander Slough; and,

d. Those waters of the Wekiva River south of its confluence with the St. Johns River and north of a due East line running from the easternmost point of land (approximate latitude 28° 52' 19" North, approximate longitude 81° 22' 13" West) on the westerly shoreline of said Wekiva River at the south side of an inlet finger leading to the south end of Chub Slough.

Lake Monroe Area: All waters approximately within 3000 feet of the general contour of the westerly and northerly shoreline of Lake Monroe, east of the end of the fender system on the easterly side of the Interstate Highway 4 Bridge, northerly of the northern boundary of the marked channel of the Florida Intracoastal Waterway (or as posted, with all waters to include those generally northwest of a line drawn from Red Channel Marker “4” to Green Channel Marker “13”), and northwesterly of a line which bears South 50° 00' 00" West (True) from the westernmost point of Stone Island, (approximate latitude 28° 51' 12" North and approximate longitude 81° 14' 45" West) inclusive of all waters of Bethel Creek Cove, and excluding the marked channel running southerly and west of the City of Enterprise.

(b) Slow Speed Zone (Seasonal – October 15 through April 15): St. Johns River, Lake Beresford to Channel Marker “67” Area: All waters of the St. Johns River, inclusive of all marked channels and all associated waters unless otherwise designated or excluded, southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Channel Marker “63” (latitude 28° 58' 26" North, longitude 81° 20' 47" West) and northerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Channel Marker “67” (latitude 28° 57' 30" North, longitude 81° 21' 01" West).

(c) Idle Speed Zone (Year-round): St. Johns River/Blue Spring Area: All waters of the St. Johns River southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Channel Marker “69” (latitude 28° 56' 55" North, longitude 81° 20' 46" West) and northerly of a line which bears South 25° 00' 00" East (True) running through Green Channel Marker “75” (latitude 28° 56' 16" North, longitude 81° 20' 49" West), including Blue Spring Run and all other associated waters except as otherwise designated under paragraph (2)(d), hereunder.

(d) Motorboats Prohibited Zone (Seasonal – October 15 through April 15) – All waters of Blue Spring Run from its confluence with the St. Johns River to and including the Spring’s headwaters.

(e) Maximum 30 MPH/25 MPH Nighttime Zone (Year-round) – Waters of the St. Johns River and associated lakes, as follows:

Lake George to Lake Dexter Area: All waters of the St. Johns River to within 50 feet of the general contour of the shoreline, and including the main marked channel, southerly of a line bearing North 70° 00' 00" East (True) which lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel Marker “18” (latitude 29° 12' 05" North, longitude 81° 34' 20" West) and northerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Channel Marker “8” (latitude 29° 07' 24" North, longitude 81° 30' 19" West),
Lake Dexter: All waters of Lake Dexter, except as otherwise designated under subparagraph (2)(a)4., above,
Lake Woodruff: All waters of Lake Woodruff, except as otherwise designated under subparagraph (2)(a)7., above,
Lake Dexter to Honey Creek Area: All waters of the St. Johns River to within 50 feet of the general contour of the shoreline, including the main marked channel, southerly of a line which bears North 90° 00' 00" East (True) running through the shoreline of the northernmost point of Dexter Island (approximate longitude 29° 06' 00" North, approximate latitude 81° 29' 56" West) and northerly of a line running between Flashing Red Channel Marker “32” (latitude 29° 01' 59" North, longitude 81° 24' 14" West) and Green Channel Marker “31”; and,
Lake Beresford: All waters of Lake Beresford, except as otherwise designated under subparagraph (2)(a)15., above.

(f) Maximum 25 MPH Zone (Year-round) – Waters of the St. Johns River and associated lakes, as follows:

Honey Creek to Beresford Peninsula Canal Area: All waters of the St. Johns River to within 50 feet of the general contour of the shoreline, including the main marked channel, southerly of a line running between Flashing Red Channel Marker “32” (latitude 29° 01' 59" North, longitude 81° 24' 14" West) and Green Channel Marker “31” and northerly of a line which bears North 45° 00' 00" West (True) from the shoreline of the westernmost tip of the northeasterly bank of the unnamed finger canal of the Beresford Peninsula (approximate latitude 28° 58' 40" North, approximate longitude 81° 21' 33" West); and,
Lake Beresford to Lake Monroe Area: All waters of the main marked channel of the Florida Intracoastal Waterway, except as otherwise designated for seasonal or year-round regulation under paragraphs (2)(a), (b), (c), and (d), above, southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Channel Marker “63” (latitude 28° 58' 26" North, longitude 81° 20' 47" West) and northerly/northwesterly of the end of the fender system on the easterly side of the Interstate Highway 4 Bridge at the west end of Lake Monroe.

(3) For the purpose of regulating the speed and operation of motorboats within portions of the Halifax River, Indian River basin and Tomoka River zones are established as follows:

Halifax River, Halifax Creek and Smith Creek Area: All waters of Smith Creek, Halifax Creek, and the Halifax River, excluding the main marked channel of the Atlantic Intracoastal Waterway (designated for regulation under subparagraph (3)(d)1., below), southerly of the Flagler County/Volusia County line, northerly of a line which bears North 72° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “9” (latitude 29° 19' 54" North, longitude 81° 04' 06" West) and easterly of the general contour of the easterly shoreline of the islands lying westerly of the Intracoastal Waterway Channel between the general contour of the shoreline of the southernmost tip of a peninsula (approximate latitude 29° 22' 28" North, approximate longitude 81° 05' 12" West) and a point which lies 600 feet South 72° 00' 00" West (True) from the aforementioned Green Intracoastal Waterway Channel Marker “9”;
Area westerly of Smith Creek: All waters within the backwater area lying westerly of a line which bears approximately South 15° 00' 00" East (True) from the general contour of the shoreline at the southeastern tip of an island (approximate latitude 29° 25' 32" North, approximate longitude 81° 06' 29" West) to the general contour of the shoreline of the westerly bank of Smith Creek, near Green Intracoastal Waterway Channel Marker “23” and southerly of the Flagler County/Volusia county line;
Bulow Creek Area: All waters of Bulow Creek within Volusia County westerly of the westerly bank of Halifax Creek, with its boundary for this purpose being a line bearing approximately South 35° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “24” (latitude 29° 24' 45" North, longitude 81° 06' 17" West);
Tomoka Basin and Halifax River Area: All waters within 300 feet of the general contour of the shoreline of Tomoka Basin, northerly of a line which bears approximately North 90° 00' 00" East (True) running from the shoreline of a peninsula on the westerly bank of the mouth of Tomoka River (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 19" West) to the shoreline of the easterly bank of the Tomoka River at the northernmost tip of a peninsula (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 17" West) and that part of Tomoka Basin and Halifax River westerly of the easterly shoreline of the islands lying westerly of the Intracoastal Waterway Channel between the shoreline of the southernmost tip of a peninsula (approximate latitude 29° 22' 28" North, approximate longitude 81° 05' 12" West) and a point which lies 600 feet South 72° 00' 00" West (True) from Green Intracoastal Waterway Channel Marker “9” (latitude 29° 19' 54" North, longitude 81° 04' 06" West) and southerly of Green Intracoastal Waterway Channel Marker “9” and northerly of a line which is 600 feet northerly of and parallel with the centerline of Seabreeze Bridge (State Road 430);
Tomoka River, Strickland, Thompson, and Dodson creeks Area: All waters of Strickland, Thompson, and Dodson creeks; and all waters of Tomoka River, southerly of a line which bears North 65° 00' 00'' East (True) running through a point on the shoreline of the east bank of the Tomoka River northerly of its confluence with Strickland Creek (approximate latitude 29° 20' 19" North, approximate longitude 81° 05' 09" West) and northeasterly of latitude 29° 19' 00" North;
Tomoka River/Alligator Island Area: All waters of Tomoka River, southerly of a line 100 feet northwesterly of and parallel with a line bearing North 49° 00' 00" East running through the northwesternmost point of Alligator Island (approximate latitude 29° 17' 10" North, approximate longitude 81° 06' 14" West), and northerly of a line 100 feet southwesterly of and parallel with a line bearing South 65° 00' 00" East running through the southwesternmost point of Alligator Island (approximate latitude 29° 16' 36" North, approximate longitude 81° 06' 21" West);
Halifax River/Daytona Beach Area: All waters of the Halifax River, inclusive of the main marked channel of the Atlantic Intracoastal Waterway and any other marked channels, southerly of a line which is 600 feet northerly of and parallel with the centerline of Seabreeze Bridge (State Road 430) and northerly of a line which bears North 60° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “40” (latitude 29° 12' 06" North, longitude 81° 00' 21" West), except as otherwise described in subparagraph (3)(e)1., hereunder;
Halifax River/Daytona Beach and Port Orange Area: All waters within 300 feet of the general contour of the shoreline of the Halifax River, southerly of a line which bears North 60° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “40” (latitude 29° 12' 06" North, longitude 81° 00' 21" West), northerly of a line which bears North 68° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “57” (latitude 29° 08' 32" North, longitude 80° 58' 17" West) between the shoreline of Halifax Estates on the east and the shoreline of an unnamed island on the west, and northerly of a line which bears North 70° 00' 00" East (True) from a point on the westerly bank of Halifax River (approximate latitude 29° 07' 43" North, approximate longitude 80° 58' 41" West) to the shoreline of an unnamed island (approximate latitude 29° 07' 53" North, approximate longitude 80° 58' 12" West), except as otherwise described in subparagraph (3)(e)2., hereunder;
Halifax River/Port Orange and Live Oak Point Area: All waters of the Halifax River outside the main marked channel of the Atlantic Intracoastal Waterway southerly of a line which bears North 68° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “57” (latitude 29° 08' 32" North, longitude 80° 58' 17" West), and northerly of a line bearing North 50° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “8” (latitude 29° 04' 07" North, longitude 80° 56' 25" West);
Halifax River/Wilbur Bay area: All waters of Halifax River and Wilbur Bay easterly of the westerly shoreline of various islands lying northerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “67” (latitude 29° 06' 48" North, longitude 80° 57' 20" West) and southerly of a line which bears North 68° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “57” (latitude 29° 08' 32" North, longitude 80° 58' 17" West);
Halifax River/Fozzard Creek Area: All waters of the Halifax River, and all waters of Fozzard Creek, Mill Creek, and Tenmile Creek, westerly of the easterly shoreline of the islands lying westerly of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 70° 00' 00" East (True) from a point on the westerly bank of Halifax River (approximate latitude 29° 07' 43" North, approximate longitude 80° 58' 41" West) to the shoreline of an unnamed island (approximate latitude 29° 07' 53" North, approximate longitude 80° 58' 12" West), northerly of a line which bears South 57° 00' 00" East (True) running from a point on the shoreline near the southerly end of Riverside Drive (approximate latitude 29° 06' 17" North, approximate longitude 80° 58' 05" West) to a point on the shoreline of an unnamed marsh island (approximate latitude 29° 06' 00" North, approximate longitude 80° 57' 35" West), except as otherwise designated in subparagraph (3)(c)2., hereunder;
Dead End Creek Area: All waters of Dead End Creek, southwesterly of the easterly shoreline of an unnamed marsh island, its shoreline being a line approximately 350 feet southwesterly of and parallel with the centerline of the Atlantic Intracoastal Waterway Channel running southerly of Green Channel Marker “69”;
Rose Bay Area: All waters within 300 feet of the general contour of the shoreline of Rose Bay, southerly of a line which bears South 57° 00' 00" East (True) running from a point on the shoreline near the southerly end of Riverside Drive (approximate latitude 29° 06' 17" North, approximate longitude 80° 58' 05" West) to a point on the shoreline of an unnamed marsh island (approximate latitude 29° 06' 00" North, approximate longitude 80° 57' 35" West) and northeasterly of the southeasterly extension of the centerline of Harbor Road being a line bearing approximately South 30° 00' 00" East (True) from a point on the shoreline (approximate latitude 29° 05' 55" North, approximate longitude 80° 58' 06" West), excepting any marked channels which are otherwise designated;
Spruce Creek, Murray Creek Area: All waters of Spruce Creek, excluding marked channels as designated in sub-subparagraph (3)(c)5.b., hereunder, northerly and easterly of the centerline of US Highway 1 (State Road 5), southwesterly of the southeasterly extension of the centerline of Harbor Road being a line bearing approximately South 30° 00' 00" East (True) from a point on the general contour of the shoreline (approximate latitude 29° 05' 55" North, approximate longitude 80° 58' 06" West) and westerly of a line across the mouth of Spruce Creek which line is 300 feet westerly of and parallel with the centerline of the Intracoastal Waterway right of way running southerly from Flashing Red Intracoastal Waterway Channel Marker “4” (latitude 29° 05' 15" North, longitude 80° 57' 01" West); and, that part of Murray Creek, southerly of the centerline of US Highway 1 (State Road 5);
Spruce Creek Area: All navigable waters of Spruce Creek westerly of the centerline of the main track of the Florida East Coast Railroad, and easterly of a line 750 feet easterly of and parallel with the westerly line of Section 38, Township 16 South, Range 33 East (or approximately two-thirds of a mile west of the centerline of the main track of the Florida East Coast Railroad), except as otherwise described in sub-subparagraph (3)(c), 5.a., hereunder;
Strickland Bay, Turnbull Bay Area: All waters within 300 feet of the general contour of the shoreline of Strickland Bay, westerly of the centerline of US Highway 1 (State Road 5) and easterly of the centerline of the main track of the Florida East Coast Railroad, and within 300 feet of the general contour of the shoreline of Turnbull Bay, northerly of a line 650 feet northerly of and parallel with the centerline of the Turnbull Bay Road Bridge crossing Turnbull Creek; and, all waters of Turnbull Creek, southerly of a line 650 feet northerly of and parallel with the centerline of the Turnbull Bay Road Bridge crossing Turnbull Creek, excepting any marked channels which are otherwise designated in subparagraph (3)(c)4., hereunder;
Halifax River/North Indian River/Ponce de Leon Cut Area: All waters of the Ponce de Leon Cut area within the Halifax River/North Indian River, inclusive of the main marked channel of the Atlantic Intracoastal Waterway and any other marked channels, southerly of a line bearing North 65° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “8” (latitude 29° 04' 07" North, longitude 80° 56' 25" West), and westerly of a line bearing South 25° 00' 00" East (True) from the easternmost point of an unnamed island located northwesterly of Flashing Green Intracoastal Waterway Channel Marker “19” (latitude 29° 03' 26" North, longitude 80° 54' 53" West);
Ponce de Leon Inlet Area: Those waters of Ponce de Leon Inlet, shoreline to shoreline, northerly of a line bearing North 90° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “20” (latitude 29° 03' 19" North, longitude 80° 54' 45" West) and southerly of a line bearing South 73° 00' 00" West (True) running through the Flashing Green Channel Marker standing ten feet (10') above water at the end of the concrete piling west of and adjacent to the U.S. Coast Guard Station located south of the Inlet; those waters northerly of a line bearing North 90° 00' 00" East (True) located 700 feet North 00° 00' 00" East (True) of the southwesternmost point of a peninsula in the inlet (approximate latitude 29° 04' 21" North, approximate longitude 80° 55' 26" West), westerly of the Inlet to their confluence with Ponce de Leon Cut; and, those waters of Rockhouse Creek westerly of a line drawn from the easternmost point of the northern shoreline of Rockhouse Creek to the northernmost point of the southern shoreline of the Creek, thence to the confluence of these waters with Ponce de Leon Cut;
Indian River North/Cook Creek area: All waters of Indian River North, southerly of a line bearing North 90° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “20” (latitude 29° 03' 19" North, longitude 80° 54' 53" West) and northerly of the centerline of the North Causeway Bridge, also known as the Coronado Beach Bridge (State Road 44), except as otherwise described in subparagraph (3)(d)6., hereunder;
Hunter Creek, Smyrna Creek, Inlet Creek, Cook Creek Area: All waters of Hunter Creek, Smyrna Creek, Inlet Creek, Cook Creek and other associated waters of Indian River, southwesterly of Ponce de Leon Cut, westerly of Indian River and northerly of the centerline of the North Causeway Bridge (State Road 44);
Indian River North/New Smyrna Beach Area: All waters of Indian River North, including the main marked channel of the Atlantic Intracoastal Waterway and all waters of Sheephead Cut, southerly of the centerline of the North Causeway Bridge, also known as Coronado Beach Bridge, (State Road 44) and northerly of a line bearing North 65° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “43” (latitude 29° 01' 10" North, longitude 80° 55' 00" West);
Indian River North/Edgewater, Packwood Place Area: All waters of Indian River North, westerly of the western boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line bearing North 65° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “43” (latitude 29° 01' 10" North, longitude 80° 55' 00" West) and northerly of a line bearing North 62° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “65” (latitude 28° 56' 23" North, longitude 80° 52' 05" West); and those waters of Indian River North, easterly of the eastern boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line bearing North 65° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “43,” (latitude 29° 01' 10" North, longitude 80° 55' 00" West), and northerly of a line bearing North 65° 00' 00" East running through Green Channel Marker “47” (latitude 29° 00' 29" North, longitude 80° 54' 34" West); and, those waters of Indian River North easterly of and within 750 feet of the eastern boundary of the main marked channel of the Atlantic Intracoastal Waterway southerly of the line running through Green Channel Marker “47” and northerly of a line which bears North 65° 00' 00" East (True) through Flashing Green Channel Marker “49,” (latitude 29° 00' 00" North, longitude 80° 54' 21" West), and those waters easterly of the eastern boundary of the main marked channel of the Atlantic Intracoastal Waterway southerly of the line running through Flashing Green Intracoastal Waterway Marker “49,” northerly of the line running through Flashing Green Intracoastal Channel Marker “65,” and westerly of a line drawn along, and running between, the western shorelines of the islands immediately east of the channel;
Indian River North/Packwood Place, Oak Hill Area: All waters of Indian River North, inclusive of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line bearing North 62° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “65” (latitude 28° 56' 23" North, longitude 80° 52' 05" West), northerly of a line bearing North 60° 00' 00" East (True) running through Green Can Buoy “9A” (latitude 28° 52' 03" North, longitude 80° 49' 51" West) and westerly of a line drawn along, and running between, the westerly shorelines of the islands immediately easterly of the channel;
Indian River/Mosquito Lagoon Area: All waters of the Indian River westerly of the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line bearing North 60° 00' 00" East (True) running through Green Can Buoy “9A” (latitude 28° 52' 03" North, longitude 80° 49' 51" West) and northerly of the Volusia County/Brevard County line; and,
Mosquito Lagoon/Bethune Beach Subdivision Area: Mosquito Lagoon/Bethune Beach Subdivision Area: All waters of Mosquito Lagoon, westerly of the easterly shoreline of Mosquito Lagoon (generally west of the Bethune Beach Subdivision), southeasterly of a line which bears South 31° 00' 00" West running through the southwesternmost point of a marsh peninsula (approximate latitude 28° 57' 26" North, approximate longitude 80° 51' 02" West) located approximately one half mile northwest of the overhead transmission lines crossing Mosquito Lagoon, northerly of a line which bears South 70° 00' 00" West running through the northwesternmost point of an unnamed marsh island (approximate latitude 28° 56' 30" North, approximate longitude 80° 50' 11" West) located approximately one mile southeast of the above-described transmission lines (approximately one mile northeast of Turtle Mound), and easterly of a line drawn along, and running between, the eastern shorelines of the three easternmost unnamed marsh islands generally between the two above-described lines.

(b) Idle Speed Zone (Year-round) – Those waters of Tomoka River, inclusive of associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, mosquito ditches, and boat basins, as follows, unless otherwise designated or excluded:

Lying southerly of a line which bears approximately North 90° 00' 00" East (True) running from the shoreline of a peninsula on the westerly bank of the mouth of Tomoka River (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 19" West) to the shoreline of the easterly bank of Tomoka River at the northernmost tip of a peninsula (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 17" West) and northerly of a line which bears North 65° 00' 00" East (True) running through a point on the shoreline of the east bank of the Tomoka River northerly of its confluence with Strickland Creek (approximate latitude 29° 20' 19" North, approximate longitude 81° 05' 09" West);
Lying southerly of Latitude 29° 19' 00" North and northeasterly of the centerline of US Highway 1; and,
Lying southwesterly of a line 300 feet northeasterly of and parallel with the centerline of Interstate Highway 95 and northerly of the northerly right of way line of Old Tomoka Road.

Tomoka River Area: All waters of Tomoka River, southerly of a line 100 feet southwesterly of and parallel with a line bearing South 65° 00' 00" East running through the southwesternmost point of Alligator Island (approximate latitude 29° 16' 36" North, approximate longitude 81° 06' 21" West), and northerly of a line 300 feet northeasterly of and parallel with the centerline of Interstate Highway 95. All navigable creeks, coves, canals, boat basins, mosquito ditches, and backwater areas associated with the above-described portion of Tomoka River shall be designated Slow Speed;
Halifax River/Fozzard Creek Area: All waters within marked channels (as may be posted by local government) within the westernmost portion of the Halifax River (generally north of Rose Bay) westerly of the main marked channel of the Atlantic Intracoastal Waterway as described for regulation in subparagraph (3)(a)11., except that waters of Fozzard Creek, Tenmile Creek, and Mill Creek shall remain Slow Speed throughout;
Rose Bay Area: All waters of Rose Bay southerly of a line which bears South 57° 00' 00" East (True) running from a point on the shoreline near the southerly end of Riverside Drive (approximate latitude 29° 06' 17" North, approximate longitude 80° 58' 05" West) to a point on the shoreline of an unnamed marsh island (approximate latitude 29° 06' 00" North, approximate longitude 80° 57' 35" West) and northeasterly of the southeasterly extension of the centerline of Harbor Road being a line bearing approximately South 30° 00' 00" East (True) from a point on the shoreline (approximate latitude 29° 05' 55" North, approximate longitude 80° 58' 06" West), except as otherwise designated in subparagraph (3)(a)13., above, but including any marked channels as may be posted by local government;
Strickland Bay, Turnbull Bay Area: All waters of Strickland Bay westerly of the centerline of U.S. Highway 1 (State Road 5) and easterly of the centerline of the main track of the Florida East Coast Railroad, and all waters of Turnbull Bay northerly of a line 650 feet northerly of and parallel with the centerline of the Turnbull Bay Road Bridge crossing Turnbull Creek, except as otherwise designated in subparagraph (3)(a)16., above, but including any marked channels as may be posted by local government; and,
Spruce Creek Area:

a. Spruce Creek (West of RR Bridge): All waters within the marked channel of Spruce Creek (as may be posted by local government), westerly of the centerline of the main track of the Florida East Coast Railroad and easterly of a line 750 feet easterly of and parallel with the westerly line of Section 38, Township 16 South, Range 33 East (or approximately two-thirds of a mile west of the centerline of the main track of the Florida East Coast Railroad); and,

b. Spruce Creek (Murray Creek Area): All waters within the marked channel of Spruce Creek (as may be posted by local government) northeasterly of the centerline of US Highway 1 (State Road 5) and westerly of a line across the mouth of Spruce Creek which line is 300 feet westerly of a parallel with the centerline of the right of way of the Atlantic Intracoastal Waterway running southerly from Flashing Red Intracoastal Waterway Channel Marker “4” (latitude 29° 05' 15" North, longitude 80° 57' 01" West).

(d) Maximum 30 MPH/25 MPH Nighttime Zone (Year-round) – Waters of the Halifax River, Indian River, and Tomoka River basin as follows:

Halifax Creek/Halifax River Area: All waters within the main marked channel of the Atlantic Intracoastal Waterway southerly of the Flagler County/Volusia County line and northerly of a line which bears North 72° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “9” (latitude 29° 19' 54" North, longitude 81° 04' 06" West);
Tomoka Basin, Halifax River Area: All waters of Tomoka Basin and Halifax River northerly of a line which bears approximately North 90° 00' 00" East (True) running from the shoreline of a peninsula on the westerly bank of the mouth of Tomoka River (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 19" West) to the shoreline of the easterly bank of Tomoka River at the northernmost tip of a peninsula (approximate latitude 29° 20' 50" North, approximate longitude 81° 05' 17" West) and that part of Tomoka Basin and Halifax River westerly of the easterly shoreline of the islands lying westerly of the Intracoastal Waterway Channel between the shoreline of the southernmost tip of a peninsula (approximate latitude 29° 22' 28" North, approximate longitude 81° 05' 12" West) and a point which lies 600 feet South 72° 00' 00" West (True) from Green Intracoastal Waterway Channel Marker “9” (latitude 29° 19' 54" North, longitude 81° 04' 06" West) and southerly of Green Intracoastal Waterway Channel Marker “9” and northerly of a line which is 600 feet northerly of and parallel with the centerline of Seabreeze Bridge (State Road 430), including the main marked channel of the Atlantic Intracoastal Waterway, excepting those waters otherwise described in subparagraph (3)(a)4., above;
Halifax River/Daytona Beach and Port Orange Area: All waters of the Halifax River not otherwise described in subparagraphs (3)(a)8. and (3)(e)2., southerly of a line which bears North 60° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “40” (latitude 29° 12' 06" North, longitude 81° 00' 21" West), northerly of a line which bears North 68° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “57” (latitude 29° 08' 32" North, longitude 80° 58' 17” West) between the shoreline of Halifax Estates on the east and the shoreline of an unnamed island on the west, and northerly of a line which bears North 70° 00' 00" East (True) from a point on the westerly bank of Halifax River (approximate latitude 29° 07' 43" North, approximate longitude 80° 58' 41" West) to the shoreline of an unnamed island (approximate latitude 29° 07' 53" North, approximate longitude 80° 58' 12" West);
Halifax River/Port Orange and Live Oak Point Area: All waters of the Halifax River within the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 68° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “57” (latitude 29° 08' 32" North, longitude 80° 58' 17" West), and northerly of a line bearing North 65° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “8” (latitude 29° 04' 07" North, longitude 80° 56' 25" West);
Ponce de Leon Inlet Area: All waters of the Ponce de Leon Inlet area not otherwise described for regulation under subparagraph (3)(a)18., above, easterly of Ponce de Leon Cut, westerly of the easterly shorelines of Halifax River and Indian River North, southerly of a line bearing North 90° 00' 00" East (True) running from the southwesternmost point of a peninsula in the inlet (approximate latitude 29° 04' 21" North, approximate longitude 80° 55' 26" West), and, in Halifax River, southerly of a line located 700 feet North 00° 00' 00" East (True) of and parallel with the above-described line (southerly of red marker “2” (approximate latitude 29° 04' 31" North, approximate longitude 80° 55' 48" West), in the channel leading to Lighthouse Marina and northwesterly of a line bearing South 73° 00' 00" West (True) running through the Flashing Green Channel Marker standing 10 feet above water at the end of the concrete piling west of and adjacent to the U.S. Coast Guard Station located south of the Inlet;
Indian River North/Cook Creek Area: Those waters of the Indian River North southerly of a line which bears North 90° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “20” (latitude 29° 03' 20" North, longitude 80° 54' 43" West), westerly of the general contour of the easterly shoreline of Indian River North, northerly of a line 150 feet southerly of and parallel with the center line of “Due East Street,” and easterly of the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway; and,
Indian River North/Mosquito Lagoon Area: All waters of Indian River and Mosquito Lagoon, except as otherwise designated in subparagraphs (3)(a)22., (3)(a)23., (3)(a)24., and (3)(a)25., southerly of a line bearing North 65° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “47” (latitude 29° 00' 29" North, longitude 80° 54' 34" West) and northerly of the Volusia County/Brevard County line, and that section of the Atlantic Intracoastal Waterway channel southerly of a line bearing North 65° 00' 00" East running through Green Intracoastal Waterway Channel Marker “43” (latitude 29° 01' 10" North, longitude 80° 55' 00" West) and northerly of a line bearing North 62° 00' 00" East running through Flashing Green Intracoastal Waterway Channel Marker “65” (latitude 28° 56' 23" North, longitude 80° 52' 05" West), and that section of the Atlantic Intracoastal Waterway channel southerly of a line bearing North 60° 00' 00" East (True) running through Green Can Buoy “9A” (latitude 28° 52' 03" North, longitude 80° 49' 51" West) and northerly of the Volusia County/Brevard County line, excepting those waters of Callalisa Creek northerly of a line which bears North 60° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “49” (latitude 29° 00' 04" North, longitude 80° 54' 21" West).

(e) Maximum 35 MPH/25 MPH Nighttime Zone – The following zones are established year-round for watersports use purposes:

Seabreeze Bridge Area: That part of the Halifax River easterly of a line 100 feet easterly of and parallel with the eastern boundary of the Atlantic Intracoastal Waterway Channel, southerly of an east-west line running 50 feet south of the southern end of the fender system of the Seabreeze Bridge (State Road 430) and the shoreline of the unnamed peninsula under the Bridge, and northerly of a line 500 feet northerly of and parallel with the centerline of the Main Street Bridge; and,
Dunlawton Bridge Area: That part of the Halifax River westerly of a line 100 feet westerly of and parallel with the western boundary of the marked Atlantic Intracoastal Waterway Channel, to within 100 feet of the westerly and southerly shorelines, southerly of a line 2150 feet northerly of and parallel with the centerline of Dunlawton Avenue Bridge (State Road A1A) and northerly of the centerline of Dunlawton Avenue Bridge.

(f) Slow Speed Zone (April 1 through August 31)/Maximum 25 MPH Zone (Remainder of Year) –

Tomoka River Area: The waters of Tomoka River southwesterly of the centerline of US Highway 1 and northerly of a line 100 feet northwesterly of and parallel with a line bearing North 49° 00' 00" East running through the northwesternmost point of Alligator Island (approximate latitude 29° 17' 10" North, approximate longitude 81° 06' 14" West). All navigable creeks, coves, canals, boat basins, mosquito ditches, and backwater areas associated with the above-described portion of Tomoka River shall be designated Slow Speed (year-round); and,
Spruce Creek Area: All navigable waters of Spruce Creek westerly of a line 750 feet easterly of and parallel with the westerly line of Section 38, Township 16 South, Range 33 East (or approximately two-thirds of a mile west of the centerline of the main track of the Florida East Coast Railroad).

(4) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), Florida Administrative Code (F.A.C.), the following limitations, and procedures for exemption application, shall apply:

(a) Exemptions shall be considered seasonally or year-round in zones, or portions of zones, as follows:

St. Johns River Basin: Seasonal exemptions will be considered within zones described in subparagraphs (2)(a)4., 5., 7., 9., 14. and 17., with the period of exemption being November 1 through March 31; year-round exemptions will be considered within the zones described in subparagraph (2)(a)1.
Halifax River/Indian River Area: Year-round exemptions will be considered within the zone described in subparagraph (3)(a)14., and within a portion of the zone described in subparagraph (3)(a)23.; seasonal exemptions will be considered within the zones described in subparagraphs (3)(a)22., 23., and 24., from November 1 through March 31.

(b) A recipient of an exemption must maintain speeds of less than 20 MPH at all times within the restricted area, and comply with the conditions specified within the notice of exemption as well as under the provisions of this rule and subsection 68C-22.003(6), F.A.C. Examples of conditions which may be specified to promote manatee protection include seasonal constraints or days of week/holiday limitations, limitations on types of fishing activities allowed, and limitations on areas within which exemptions apply within designated manatee protection zones.

(d) Any commercial fisherman or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for the exemption, one of which shall be required for each vessel so operated, by completing the application form specified. Applications for exemption in accordance with the provisions of this rule may be obtained from the Fish and Wildlife Conservation Commission, Division of Law Enforcement Offices at 1-A Max Brewer Memorial Parkway, Titusville, FL 32796 (telephone 407/383-2740) or 1239 S.W. 10th Street, Ocala, FL 34474 (telephone 352/732-1225).

(5) For the purpose of exemption from speed restrictions for airboat operation within certain areas of the St. Johns River region (not withstanding applicable federal regulations prohibiting airboat use in portions of said areas), the following limitations shall apply:

(a) Protection zones established under paragraph (2)(a), above, are exempt as specified and conditioned hereunder:

Areas exempt from speed restrictions shall include waters with a depth of less than two feet, as follows:

a. The Lake George area (including waters regulated as slow speed northerly to Black Point), except within 600 feet of the jetties at the southern end of Lake George;

b. The Lake Woodruff area, except in those waters within one-half mile of the Lake’s confluence with Tick Island Creek, Harry’s Creek, Spring Garden Creek, and the Norris Dead River;

c. The Lake Monroe Area.

Exemptions shall apply within the waters of tributaries, creeks, and associated backwater areas meeting the following criteria, except as provided under subparagraph (5)(a)3., hereunder:

a. Waters are at a distance of more than one-half mile from their confluence with the St. Johns River proper;

b. Waters are less than two feet deep from shore to shore (but excluding from consideration those waters less than two feet deep which are adjacent to deeper navigable waters, except as provided under subparagraph (5)(a)1.);

c. Waters are not within or adjacent to, or directly associated with (as for bends, oxbows), the main channel of the St. Johns River.

Areas excluded from consideration for exemption are:

a. The Norris Dead River, Zeigler Dead River, Blue Peter Lake, Daisy Lake, and Highland Park Canal;

b. Hontoon Dead River;

c. St. Francis Dead River; and,

d. Mud Lake, Shell Creek, and associated waters.

(6) For the purpose of considering conditional exemptions from speed restrictions within certain of the Halifax River areas for the purpose of powerboat racing, the following conditions, limitations, and procedures for application shall apply:

(a) Exemption application shall be submitted, at least 90 days prior to the event requested, to the Chief, Office of Environmental Services, 620 South Meridian Street, Tallahassee, FL 32399. The letter of application must clearly state:

The nature and scope of the boat race, including estimated numbers and nature/configuration of vessels racing and maximum speeds anticipated;
The specific area within which the race is requested, described within the letter of application and depicted on a National Ocean Survey nautical chart;
The intended month and day (if known) of the requested event; and,
Justification for holding the event within waters regulated for manatee protection, clearly demonstrating why an alternative site is unsuitable for the racing event.

(b) Exemption consideration shall be limited as follows:

Exemptions will be considered only within the area between the S.R. 600 Carlton Blank Bridge and the Orange Avenue Memorial Bridge; and,
The season of exemption consideration shall be from October 1 through February 15; and,
Exemptions shall be considered only during daylight hours.

(c) Upon receipt of a letter of exemption, an exemption recipient must comply with all applicable provisions of this rule and with any and all conditions and limitations within the non-transferable letter of exemption as well as with any specific notice requirements as may be requested by the Division of Law Enforcement. Failure to comply with exemption conditions, and any finding of fraudulent use and/or application for said exemption, shall be cause for its immediate revocation, including a suspension of exemption privileges prior to or during the exempted event.

(7) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

History

Rulemaking Authority 370.021(1), 370.12(2)(f), (n), (o) FS. Law Implemented 370.12(2)(d), (f), (n), (o) FS. History–New 3-19-79, Formerly 16N-22.12, Amended 12-5-89, 7-25-91, 6-23-94, Formerly 16N-22.012, Amended 5-31-95, Formerly 62N-22.012, Amended 6-13-12.

Fla. Admin. Code R. 68C-22.013 Hillsborough County Zones

(1) The Commission hereby designates the waters within Hillsborough County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 370.12(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined that they are consistent with manatee protection needs.

(2) The following zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, and boat basins unless otherwise designated or excluded.

(a) No Entry (November 15 – March 31) Apollo Beach Area: All waters of the discharge canal of the Tampa Electric Company Big Bend Electric Generating Station east of a line bearing 193.6° from a point (approximate latitude 27° 47' 37.9" North, approximate longitude 82° 24' 42.7" West) on the northern shoreline of the discharge canal to a point (approximate latitude 27° 47' 33.8" North, approximate longitude 82° 24' 43.7" West) in the water along the existing fence line on the southern side of the discharge canal. The southern boundary is the southern shoreline of the discharge canal and a line bearing 271.6° for a distance of approximately 3039 feet from a point (approximate latitude 27° 47' 33.3" North, approximate longitude 82° 24' 9.9" West) on the southern shoreline to the aforementioned point on the existing fence line.

(b) Idle Speed (November 15 – March 31) Apollo Beach Area: Those waters south of the Apollo Beach No Entry zone, generally east of the hammerhead portion of Apollo Beach, and north of Apollo Beach Boulevard, excluding the waters of Newman Branch and the canal system southeast of Dolphin Cove Drive. The northern boundary is the southern boundary of the No Entry zone described in paragraph (2)(a), and a line following the existing fence line beginning at a point (approximate latitude 27° 47' 33.8" North, approximate longitude 82° 24' 43.7" West) in the water on the fence line and bearing 301.7° to another point (approximate latitude 27° 47' 34.9" North, approximate longitude 82° 24' 45.8" West) on the fence line and then bearing 271.6° to the line’s terminus at a point (approximate latitude 27° 47' 35.1" North, approximate longitude 82° 24'5 3.8" West) at the western end of the fence line. The western boundary is a line bearing 180° from the aforementioned point at the western end of the existing fence line to a point (approximate latitude 27° 47' 33.5" North, approximate longitude 82° 24' 53.8" West) on the northern shoreline of the hammerhead portion of Apollo Beach and then following the northern and eastern shorelines of the hammerhead portion of Apollo Beach to a point (approximate latitude 27° 46' 57.4" North, approximate longitude 82° 25' 4.2" West) on the shoreline of the peninsula that contains Dolphin Cove Drive. The eastern boundary is the general contour of the eastern shoreline of Tampa Bay south of the Apollo Beach No Entry zone to a point (approximate latitude 27° 46' 58.6" North, approximate longitude 82° 25' 2.5" West) on the southwestern shoreline of the mangrove peninsula west of Newman Branch and a line bearing 232.0° from said point on the mangrove peninsula to the aforementioned point on the shoreline of the peninsula that contains Dolphin Cove Drive.

(c) Idle Speed (All Year) – Little Manatee River/Bahia Beach: Those waters in the basin south and west of Bahia Beach Boulevard, including the seagrass area and entrance channel southwest of the basin. The southern and western boundary is a line bearing 323.6° for a distance of approximately 290 feet from a point (approximate latitude 27° 43' 19.1" North, approximate longitude 82° 28' 44.7" West) on the eastern shoreline of a canal on Shell Point to a point (approximate latitude 27° 43' 21.4" North, approximate longitude 82° 28' 46.7" West) in the water near the edge of the seagrass area, then bearing 338.1° for a distance of approximately 568 feet to a point (approximate latitude 27° 43' 26.5" North, approximate longitude 82° 28' 49.0" West) in the water, and then bearing 48.4° for a distance of approximately 864 feet to a point (approximate latitude 27° 43' 32.4" North, approximate longitude 82° 28' 41.9" West) on the southwestern shoreline of Bahia Beach.

(d) Slow Speed (All Year, except as otherwise designated).

Alafia River: All waters in the Alafia River outside of the main marked channel east of a line bearing 360° from a point (approximate latitude 27° 51' 10.0'' North, approximate longitude 82° 23' 54.2'' West) on the southern shoreline of the Alafia River at the river’s confluence with Hillsborough Bay, and west of the centerline of the US Highway 41 Bridge.
Apollo Beach Area: Those waters of Tampa Bay west of the Apollo Beach No Entry zone described in paragraph (2)(a), and bounded on the north and south by existing Hillsborough County zones and on the west by a line connecting the western boundaries of said Hillsborough County zones. The northern boundary is a line bearing 254.8° from a point (approximate latitude 27° 47' 37.9" North, approximate longitude 82° 24' 42.7" West) on the northern shoreline of the discharge canal of the Tampa Electric Company Big Bend Electric Generating Station to a point (approximate latitude 27° 47' 37.2" North, approximate longitude 82° 24' 44.9" West) on the southeastern shoreline of the unnamed island west of the generating station and then following the southern and western shorelines of said island to a point (approximate latitude 27° 47' 53.8" North, approximate longitude 82° 25' 3.8" West) on the northwestern shoreline of the island and then bearing 275.4° for a distance of approximately 598 feet to a point (approximate latitude 27° 47' 54.2" North, approximate longitude 82° 25' 10.5" West) in the water at the southwestern boundary of an existing Hillsborough County zone. The southern boundary is the northern boundary of the Idle Speed zone described in paragraph (2)(b), and a line beginning at a point (approximate latitude 27° 47' 33.5" North, approximate longitude 82° 24' 53.8" West) on the northern shoreline of the hammerhead portion of Apollo Beach and then following the northern and western shorelines of the hammerhead portion of Apollo Beach to a point (approximate latitude 27° 47' 35.1" North, approximate longitude 82° 25' 8.0" West) on the northwestern shoreline and then bearing 295.4° for a distance of approximately 739 feet to a point (approximate latitude 27°47'38.3" North, approximate longitude 82° 25' 15.5" West) in the water at the northwestern boundary of an existing Hillsborough County zone. The western boundary is a line bearing 196.2° from the aforementioned point in the water at the southwestern boundary of an existing Hillsborough County zone to the aforementioned point in the water at the northwestern boundary of an existing Hillsborough County zone.
Old Tampa Bay Area:

a. South of the Howard Frankland Bridge: All waters north of the Gandy Boulevard Bridge, south of the Howard Frankland Bridge, and east of a line beginning at a point (approximate latitude 27° 53' 24.0" North, approximate longitude 82° 32' 43.4" West) in the water under the westbound lane of Gandy Boulevard (approximately 1015 feet southwest of where Gandy Boulevard crosses the eastern shoreline of Old Tampa Bay) and then bearing 348.7° for a distance of approximately 475 feet to a point (approximate latitude 27° 53' 28.6" North, approximate longitude 82° 32' 44.5" West) in the water, then bearing 11.5° for a distance of approximately 700 feet to a point (approximate latitude 27° 53' 35.4" North, approximate longitude 82° 32' 43.1" West) in the water, then bearing 19.7° for a distance of approximately 4590 feet to a point (approximate latitude 27° 54' 18.3" North, approximate longitude 82° 32' 26.4" West) in the water, then bearing 15.2° for a distance of approximately 3155 feet to a point (approximate latitude 27° 54' 48.6" North, approximate longitude 82° 32' 17.6" West) in the water, then bearing 8.2° for a distance of approximately 1855 feet to a point (approximate latitude 27° 55' 6.8" North, approximate longitude 82° 32' 14.9" West) in the water, then bearing 11.7° for a distance of approximately 1660 feet to a point (approximate latitude 27° 55' 22.9" North, approximate longitude 82° 32' 11.4" West) in the water, then bearing 3.1° for a distance of approximately 617 feet to a point (approximate latitude 27° 55' 29.2" North, approximate longitude 82° 32' 11.1" West) in the water, then bearing 347.3° for a distance of approximately 919 feet to a point (approximate latitude 27° 55' 37.9" North, approximate longitude 82° 32' 13.5" West) in the water, then bearing 334.8° for a distance of approximately 1735 feet to a point (approximate latitude 27° 55' 53.4" North, approximate longitude 82° 32' 22.0" West) in the water, then bearing 298.0° for a distance of approximately 2315 feet to a point (approximate latitude 27° 56' 3.9" North, approximate longitude 82° 32' 44.9" West) in the water, then bearing 290.2° for a distance of approximately 998 feet to a point (approximate latitude 27° 56' 7.2" North, approximate longitude 82° 32' 55.4" West) in the water, then bearing 313.6° for a distance of approximately 526 feet to a point (approximate latitude 27° 56' 10.7" North, approximate longitude 82° 32' 59.7" West) in the water, then bearing 333.6° for a distance of approximately 884 feet to a point (approximate latitude 27° 56' 18.4" North, approximate longitude 82° 33' 4.2" West) in the water, and then bearing 349.0° for a distance of approximately 645 feet to the line's terminus at a point (approximate latitude 27° 56' 24.7" North, approximate longitude 82° 33' 5.7" West) on the southern shoreline of the causeway for the Howard Frankland Bridge (approximately 1289 feet southwest of where Interstate 275 crosses the eastern shoreline of Old Tampa Bay), except as otherwise designated under sub-subparagraph (2)(e)4.a.

b. Rocky Point Area: All waters north of the Howard Frankland Bridge and northeast of a line bearing 321.6° from a point (approximate latitude 27° 56' 26.6" North, approximate longitude 82° 33' 6.2" West) on the northern shoreline of the causeway for the Howard Frankland Bridge to a point (approximate latitude 27° 57' 42.8" North, approximate longitude 82° 34' 16.0" West) on the southwestern shoreline of Rocky Point.

c. North of Courtney Campbell Causeway (April 1 – November 15): All waters north of the Courtney Campbell Causeway and east of a line bearing 360° from a point (approximate latitude 27° 58' 24.5" North, approximate longitude 82° 35' 57.2" West) on the northern shoreline of the Courtney Campbell Causeway to a point on the northeastern shoreline of Old Tampa Bay east of the mouth of Rocky Creek, except as otherwise designated under sub-subparagraph (2)(e)4.b., and excluding those waters of the canal system and basin of the Dana Shores area east of a line bearing 346.7° from a point (approximate latitude 27° 58' 21.5" North, approximate longitude 82° 33' 56.0" West) on the southern shoreline of the entrance canal to a point (approximate latitude 27° 58' 23.7" North, approximate longitude 82° 33' 56.6" West) on the northern shoreline of the entrance canal.

(e) 25 MPH (All Year, except as otherwise designated).

Alafia River, West of US Highway 41: All waters in the main marked channel of the Alafia River east of a line bearing 360° from a point (approximate latitude 27° 51' 10.0'' North, approximate longitude 82° 23' 54.2'' West) on the southern shoreline of the Alafia River at the river’s confluence with Hillsborough Bay, and west of the centerline of the US Highway 41 Bridge.
Alafia River, US Highway 41 to Interstate 75: All waters of the Alafia River east of the centerline of the US Highway 41 Bridge and west of the centerline of the Interstate 75 Bridge.
Little Manatee River: All waters of the Manatee River and the portion of Tampa Bay south and east of a line beginning at a point (approximate latitude 27° 43' 32.4" North, approximate longitude 82° 28' 41.9" West) on the southwestern shoreline of Bahia Beach and then bearing 288.8° for a distance of approximately 576 feet to a point (approximate latitude 27° 43' 34.1" North, approximate longitude 82° 28' 48.0" West) in the water, then bearing 220.7° for a distance of approximately 1503 feet to a point (approximate latitude 27° 43' 22.7" North, approximate longitude 82° 28' 58.8" West) in the water, then bearing 207.3° for a distance of approximately 661 feet to a point (approximate latitude 27° 43' 16.9" North, approximate longitude 82° 29' 2.1" West) in the water, then bearing 226.5° for a distance of approximately 483 feet to a point (approximate latitude 27° 43' 13.5" North, approximate longitude 82° 29' 5.9" West) in the water, then bearing 199.8° to a point (approximate latitude 27° 43' 9.9" North, approximate longitude 82° 29' 7.3" West) on the northeastern shoreline of Tropical Island, then following the northeastern shoreline to a point (approximate latitude 27° 42' 59.0" North, approximate longitude 82° 28' 53.0" West) on the eastern shoreline of said island, then following the southern shoreline to a point (approximate latitude 27° 43' 4.0" North, approximate longitude 82° 29' 15.1" West) near the western end of said island, then bearing 264.0° to a point (approximate latitude 27° 43' 2.6" North, approximate longitude 82° 29' 27.7" West) on the eastern shoreline of Sand Key (the large unnamed mangrove island to the west of Tropical Island), then following the eastern shoreline of Sand Key to a point (approximate latitude 27° 42' 43.1" North, approximate longitude 82° 29' 30.3" West) on the southern shoreline, then bearing 145.3° to the line's terminus at a point (approximate latitude 27° 42' 41.6" North, approximate longitude 82° 29' 29.1" West) on the shoreline of the mangrove peninsula west of Seabreeze Drive.
Old Tampa Bay Area: Those waters in the portions of the following marked channels east of the western boundary of the Slow Speed zones designated in subparagraph (2)(d)3.:

a. South of the Howard Frankland Bridge: Those waters in the marked channel leading to Culbreath Bayou west of channel marker “9” (approximate latitude 27° 56' 13.1" North, approximate longitude 82° 31' 56.4" West); and those waters in the portion of the marked channel south of the Howard Frankland Bridge (south of Mariner Drive) west of channel marker “12” (approximate latitude 27° 56' 25.4" North, approximate longitude 82° 32' 17.9" West), but excluding the north-south portion of the channel between channel marker “12” and channel marker “16.”

b. North of Courtney Campbell Causeway (April 1 – November 15): Those waters in the marked east-west channel leading to Dana Shores (generally east of channel marker “5”) west of channel marker “23” (approximate latitude 27° 58' 18.8" North, approximate longitude 82° 34' 10.0" West).

(3) The zones described in subsection 68C-22.013(2), F.A.C., are depicted on the following maps, labeled “Hillsborough County Manatee Protection Zones.” The maps are intended to depict the above-described zones. In the event of conflict between the maps and descriptions, the descriptions shall prevail.

(4) The amendments to Rule 68C-22.013, F.A.C., as approved by the Commission on September 22, 2004, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 370.12(2)(g), (n), (o) FS. Law Implemented 370.12(2)(d), (g), (k), (n) FS. History–New 3-19-79, Formerly 16N-22.13, 16N-22.013, 62N-22.013, Amended 12-12-02, 1-5-05.

Fla. Admin. Code R. 68C-22.014 Manatee County Zones

(1) The Commission hereby designates the waters within Manatee County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 370.12(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined that they are consistent with manatee protection needs.

(a) Idle Speed (All Year) Snead Cut: All waters of the waterway commonly referred to as “Snead Cut” (connecting Terra Ceia Bay and the Manatee River) northeast of the northern shoreline of the Manatee River and southwest of the southwestern shoreline of Terra Ceia Bay.

(b) Slow Speed (All Year).

Bishop Harbor Area: All waters of Bishop Harbor and those nearshore waters of Tampa Bay generally north of Bishop Harbor and south of Port Manatee. The southern boundary is the southern shoreline of Bishop Harbor. The western boundary is a line beginning at a point (approximate latitude 27° 36' 25.9" North, approximate longitude 82° 34' 15.4" West) on the southern shoreline of Bishop Harbor and then bearing 346.5° for a distance of approximately 405 feet from to a point (approximate latitude 27° 36' 29.8" North, approximate longitude 82° 34' 16.6" West) in the water, then bearing 320.9° for a distance of approximately 330 feet to a point (approximate latitude 27° 36' 32.3" North, approximate longitude 82° 34' 18.9" West) in the water, then bearing 317.6° for a distance of approximately 410 feet to a point (approximate latitude 27° 36' 35.3" North, approximate longitude 82° 34' 22.0" West) in the water, then bearing 348.3° for a distance of approximately 1,100 feet to a point (approximate latitude 27° 36' 45.9" North, approximate longitude 82° 34' 24.6" West) in the water, then bearing 325.8° for a distance of approximately 538 feet to a point (approximate latitude 27° 36' 50.3" North, approximate longitude 82° 34' 28.0" West) in the water, then bearing 42.3° for a distance of approximately 1,208 feet to a point (approximate latitude 27° 36' 59.3" North, approximate longitude 82° 34' 19.1" West) in the water, and then bearing 7.4° for a distance of approximately 3,368 feet to the line's terminus at a point (approximate latitude 27° 37' 32.4" North, approximate longitude 82° 34' 15.0" West) in the water. The northern boundary is a line bearing 126.0° for a distance of approximately 2,500 feet from a point (approximate latitude 27° 37' 32.4" North, approximate longitude 82° 34' 15.0" West) in the water to a point on the eastern shoreline of Tampa Bay south of Port Manatee.
Miguel Bay: Those waters along the eastern side of Miguel Bay generally between Flounder Pass and the embayment in northeastern Miguel Bay. The southwestern boundary is a line bearing 325.6° from a point (approximate latitude 27° 33' 37.0" North, approximate longitude 82° 36' 15.2" West) on the southern shoreline of Miguel Bay (northeast of Flounder Pass) to a point (approximate latitude 27° 33' 40.4" North, approximate longitude 82° 36' 17.9" West) on the southwestern shoreline of an unnamed mangrove island to the north. The western boundary is a line following the southeastern shoreline of the aforementioned unnamed mangrove island from said point on its southwestern shoreline to a point (approximate latitude 27° 33' 42.7" North, approximate longitude 82° 36' 16.1" West) on the island’s northern shoreline, then bearing 12.0° to a point (approximate latitude 27° 33' 44.5" North, approximate longitude 82° 36' 15.7" West) on the southwestern shoreline of the unnamed mangrove island to the northeast, then following the southeastern shoreline of said island to a point (approximate latitude 27° 33' 49.0" North, approximate longitude 82° 36' 8.3" West) on the island's northern shoreline, then bearing 56.5° for a distance of approximately 607 feet to a point (approximate latitude 27° 33' 52.4" North, approximate longitude 82° 36' 2.7" West) in the water, then bearing 75.7° for a distance of approximately 646 feet to a point (approximate latitude 27° 33' 54.1" North, approximate longitude 82° 35' 55.7" West) in the water, and then following a line 300 feet northwest of and parallel with the eastern shoreline of Miguel Bay to the line’s terminus at a point (approximate latitude 27° 34' 19.4" North, approximate longitude 82° 35' 40.9" West) in the water. Within the embayment in northeastern Miguel Bay, the outer boundary is a line beginning at a point (approximate latitude 27° 34' 19.4" North, approximate longitude 82° 35' 40.9" West) in the water and then bearing 38.9° for a distance of approximately 260 feet to a point (approximate latitude 27° 34' 21.5" North, approximate longitude 82° 35' 39.1" West) in the water, then bearing 76.0° for a distance of approximately 365 feet to a point (approximate latitude 27° 34' 22.4" North, approximate longitude 82° 35' 35.2" West) in the water, then bearing 117.7° for a distance of approximately 750 feet to a point (approximate latitude 27° 34' 19.0" North, approximate longitude 82° 35' 27.8" West) in the water, then following a line 300 feet out from and parallel with the southern and eastern shorelines of said embayment to a point (approximate latitude 27° 34' 27.0" North, approximate longitude 82° 35' 12.5" West) in the water, and then bearing 272.2° to the line’s terminus at a point (approximate latitude 27° 34' 27.2" North, approximate longitude 82° 35' 20.7" West) on the northern shoreline. The two (2) canals on either side of Burns Road are also included in this zone.
Western Terra Ceia Bay Area: All waters within 500 feet of the general contour of the following shorelines:

a. South Side of Rattlesnake Key: North and east of a line bearing 110° from a point (approximate latitude 27° 32' 55.9'' North, approximate longitude 82° 37' 46.5'' West) on the eastern shoreline of Terra Ceia Point and west and northwest of a line bearing 221° from the easternmost point (approximate latitude 27° 33' 20.5'' North, approximate longitude 82° 36' 13.4'' West) of Rattlesnake Key at Flounder Pass.

b. North Side of Snead Island: All shorelines of the unnamed mangrove island immediately north of Snead Island and, on the northern and eastern sides of Snead Island, north and then east of a line bearing 270° from a point (approximate latitude 27° 31' 54.9'' North, approximate longitude 82° 38' 47.6'' West) on the western shoreline of Snead Island and north and west of Snead Cut, except as otherwise designated under paragraph (2)(a), and sub-subparagraph (2)(b)4.b.

Terra Ceia Bay Area:

a. All waters within 500 feet of the general contour of all shorelines of Bird Key, the northern shoreline of Terra Ceia Bay east of Flounder Pass and north of a line bearing 90° from the southwesternmost point (approximate latitude 27° 33' 22.4'' North, approximate longitude 82° 36' 10.7'' West) of the peninsula at the southeastern end of Flounder Pass, and the southeastern and eastern shorelines of Terra Ceia Bay east and north of Snead Cut, except as otherwise designated under paragraph (2)(a), and sub-subparagraph (2)(b)4.b.

b. All waters of Terra Ceia Bay south of a line bearing 296° from a point (approximate latitude 27° 31' 51.8'' North, approximate longitude 82° 35' 47.6'' West) on the southeastern shoreline of Terra Ceia Bay; All waters of Terra Ceia Bay north of a line bearing 320° from a point (approximate latitude 27° 33' 41.3'' North, approximate longitude 82° 34' 11.5'' West) on the northeastern shoreline of Terra Ceia Bay and south of Terra Ceia Bayou, and; All waters of Peterson Bayou.

Terra Ceia Bayou: All waters within 500 feet of the general contour of the shorelines of Terra Ceia Bayou, including those waters of Frog Creek southeast of the centerline of the Terra Ceia Road Bridge and those waters of McMullen Creek west of the centerline of the Bayshore Road Bridge.
Manatee River (North Side, West of I-75): All waters within 500 feet of the general contour of the shoreline, west of the western edge of the I-75 Bridge, except as otherwise designated under sub-subparagraphs (2)(b)6.a. and (2)(b)6.b., and excluding the waters east of the eastern edge of the US 41/US 301 Bridge and west of a line bearing 168.8° from a point (approximate latitude 27° 30' 29.7'' North, approximate longitude 82° 33' 35.4'' West) on the northern shoreline approximately 1,000 feet east of the US 41/US 301 Bridge. The northern and western boundary is a line bearing 270° from a point (approximate latitude 27° 31' 54.9'' North, approximate longitude 82° 38' 47.6'' West) on the western shoreline of Snead Island.

a. Snead Cut Area: All waters north of a line beginning at a point (approximate latitude 27° 31' 16.9'' North, approximate longitude 82° 37' 13.9'' West) in the water and then bearing 90.0° for a distance of approximately 2482 feet to a point (approximate latitude 27° 31' 17.1'' North, approximate longitude 82° 36' 46.5'' West) in the water, then bearing 135.0° for a distance of approximately 3866 feet to a point (approximate latitude 27° 30' 50.4'' North, approximate longitude 82° 36' 15.7'' West) in the water, then bearing 76.5° for a distance of approximately 2,449 feet to a point (approximate latitude 27° 30' 56.3'' North, approximate longitude 82° 35' 49.4'' West) in the water, then bearing 134.7° for a distance of approximately 2,241 feet to a point (approximate latitude 27° 30' 40.9'' North, approximate longitude 82° 35' 31.4'' West) in the water, and then bearing 79.0° for a distance of approximately 701 feet to the line’s terminus at a point (approximate latitude 27° 30' 42.5'' North, approximate longitude 82° 35' 23.8'' West) in the water. The eastern and western boundaries are the eastern and western ends of the aforementioned line.

b. Riverside Park to US 41/US 301 Area: All waters north of a line beginning at a point (approximate latitude 27° 30' 36.9'' North, approximate longitude 82° 34' 38.1'' West) in the water west of Riverside Park and then bearing 129.2° for a distance of approximately 970 feet to a point (approximate latitude 27° 30' 31.0'' North, approximate longitude 82° 34' 29.7'' West) in the water, then bearing 101.9° for a distance of approximately 780 feet to a point (approximate latitude 27° 30' 29.4'' North, approximate longitude 82° 34' 21.2'' West) in the water, then bearing 76.0° for a distance of approximately 487 feet to a point (approximate latitude 27° 30' 30.6'' North, approximate longitude 82° 34' 16.0'' West) in the water, then bearing 101.4° for a distance of approximately 1,469 feet to a point (approximate latitude 27° 30' 28.0'' North, approximate longitude 82° 33' 59.9'' West) in the water, then bearing 128.7° for a distance of approximately 619 feet to the line’s terminus at a point (approximate latitude 27° 30' 24.2'' North, approximate longitude 82° 33' 54.5'' West) in the water.

Manatee River (South Side, West of I-75): All waters within 500 feet of the general contour of the shoreline east of a line bearing 59.3° from a point (approximate latitude 27° 31' 15.6'' North, approximate longitude 82° 38' 31.4'' West) on the southern shoreline and west of the western edge of the I-75 Bridge, except as otherwise designated under subparagraphs (2)(b)9., and (2)(c)2., and excluding those waters of Warners Bayou south and west of Riverview Boulevard.
Manatee River (East of I-75): All waters of the Manatee River east of the western edge of the I-75 Bridge and west of the dam at the west end of Lake Manatee, except as otherwise designated under subparagraph (2)(c)3., and excluding those waters inside of the following polygon: Begin at a point (approximate latitude 27° 31' 41.4'' North, approximate longitude 82° 27' 52.1'' West) on the southern shoreline of an unnamed island in the Manatee River west of 104th Avenue East, then bear 170.2° to a point (approximate latitude 27° 31' 37.9'' North, approximate longitude 82° 27' 51.4'' West) on the shoreline that forms the southern shoreline of the main branch of the Manatee River, then follow said southern shoreline of the main branch of the Manatee River in an easterly direction to another point (approximate latitude 27° 31' 25.6'' North, approximate longitude 82° 27' 13.9'' West) on the shoreline, then bear approximately 120.8° to a point (approximate latitude 27° 31' 20.6'' North, approximate longitude 82° 27' 4.3'' West) on the northwestern shoreline of a small unnamed island, then follow the northern and eastern shorelines of said island to a point (approximate latitude 27° 31' 15.4'' North, approximate longitude 82° 26' 55.9'' West) on the island’s southeastern shoreline, then bear 156.3° for a distance of approximately 627 feet to a point (approximate latitude 27° 31' 9.7'' North, approximate longitude 82° 26' 53.0'' West) in the water, then bear 122.3° for a distance of approximately 664 feet to a point (approximate latitude 27° 31' 6.4'' North, approximate longitude 82° 26' 46.7'' West) in the water, then bear 21.2° for a distance of approximately 214 feet to a point (approximate latitude 27° 31' 8.3'' North, approximate longitude 82° 26' 45.9'' West) in the water, then bear 301.6° for a distance of approximately 492 feet to a point (approximate latitude 27° 31' 10.8'' North, approximate longitude 82° 26' 50.7'' West) in the water, then bear 339.3° for a distance of approximately 766 feet to a point (approximate latitude 27° 31' 17.8'' North, approximate longitude 82° 26' 53.7'' West) in the water, then bear approximately 317.9° to a point (approximate latitude 27° 31' 20.4'' North, approximate longitude 82° 26' 56.4'' West) on the western shoreline of a peninsula on the northern shoreline of the main branch of the Manatee River, then bear approximately 307.9° to a point (approximate latitude 27° 31' 23.0'' North, approximate longitude 82° 27' 0.3'' West) on the shoreline that forms the northern shoreline of the main branch of the Manatee River, then follow said northern shoreline of the main branch of the Manatee River in a northwesterly direction to another point (approximate latitude 27° 31' 43.1'' North, approximate longitude 82° 27' 37.4'' West) on the shoreline, then bear 270.9° to a point (approximate latitude 27° 31' 43.1'' North, approximate longitude 82° 27' 45.0'' West) on the southeastern shoreline of the aforementioned unnamed island in the Manatee River west of 104th Avenue East, then follow the southern shoreline of said island in a westerly direction back to the point of beginning.
Braden River: All waters south of a line bearing 90° from a point (approximate latitude 27° 30' 6.5'' North, approximate longitude 82° 32' 52.6'' West) on the western shoreline of the Braden River, except as otherwise designated under subparagraph (2)(c)2. The southern boundary is the dam located south of SR 70 (53rd Avenue East) and west of 55th Drive East.
Anna Maria Sound (North of SR 64):

a. All waters within 300 feet of the northeastern shoreline of Anna Maria Island, west of a line bearing 335.9° from a point (approximate latitude 27° 31' 35.0'' North, approximate longitude 82° 43' 4.8'' West) on the northwestern shoreline of School Key (near the west end of Key Royale Drive) and east of a line bearing 58.5° from a point (approximate latitude 27° 32' 21.0'' North, approximate longitude 82° 44' 31.7'' West) on the northern shoreline of Anna Maria Island, including all waters in Bimini Bay and the other interior waterways of Anna Maria Island north of SR 64.

b. Those waters north of SR 64 and generally south and east of School Key, except as otherwise designated under subparagraph (2)(c)4., and excluding those waters in the marked ICW channel and the area within 100 feet of said channel. The northern boundary is a line beginning at a point (approximate latitude 27° 30' 56.8'' North, approximate longitude 82° 42' 34.4'' West) on the southern boundary of the east-west channel immediately south of School Key, then running along the southern boundary of said channel in an easterly direction to a point (approximate latitude 27° 31' 7.2'' North, approximate longitude 82° 41' 47.3'' West) in the water south of ICW channel marker “61,” then running along the western boundary of the ICW channel for approximately 2980 feet to a point (approximate latitude 27° 30' 43.2'' North, approximate longitude 82° 41' 29.6'' West) 100 feet west of ICW channel marker “59,” and then bearing 90° to the line’s terminus on the northeastern shoreline of Perico Island. The southern boundary is the southern edge of the SR 64 Bridge. The western boundary is the shoreline of Anna Maria Island and the eastern boundary is the shoreline of Perico Island.

Anna Maria Sound (SR 64 to Cortez Road): All waters of Anna Maria Sound south of SR 64 (Manatee Avenue West) and north of Cortez Road (44th Avenue West), excluding those waters in the marked ICW channel and the area within 100 feet of said channel and those waters described under sub-subparagraph (2)(b)11.a. The eastern boundary of this zone is a north-south line (i.e., bearing 360° and 180°) running through channel marker “3” in Palma Sola Bay (approximate latitude 27° 28' 46.5'' North, approximate longitude 82° 41' 5.2'' West).

a. Those waters east of the ICW channel in the vicinity of the entrance channel area to Palma Sola Bay are excluded from the Slow Speed zone designated under subparagraph (2)(b)11. The northern boundary of the excluded area is a line beginning at a point (approximate latitude 27° 28' 48.0'' North, approximate longitude 82° 41' 46.0'' West) in the water, then bearing 92.5° for a distance of approximately 513 feet to a point (approximate latitude 27° 28' 47.8'' North, approximate longitude 82° 41' 40.2'' West) in the water, then bearing 79.3° for a distance of approximately 1,147 feet to a point (approximate latitude 27° 28' 50.1'' North, approximate longitude 82° 41' 27.8'' West) in the water, then bearing 96.6° for a distance of approximately 983 feet to a point (approximate latitude 27° 28' 49.1'' North, approximate longitude 82° 41' 16.9'' West) in the water, then bearing 104.7° for a distance of approximately 1087 feet to the line’s terminus on the eastern boundary of the zone. The southern boundary of the excluded area is a line beginning at a point (approximate latitude 27° 28' 30.0'' North, approximate longitude 82° 41' 37.6'' West) in the water west of Marina Court and then running in an easterly direction 300 feet north of and parallel with the general contour of the shoreline to the line’s terminus on the eastern boundary of the zone.

Palma Sola Bay:

a. Those waters in western Palma Sola Bay generally north of the east-west entrance channel, except as otherwise designated under subparagraph (2)(c)5. The southern and eastern boundary is a line beginning at channel marker “3'’ in Palma Sola Bay (approximate latitude 27° 28' 46.5'' North, approximate longitude 82° 41' 5.2'' West), then running in an easterly direction along the northern boundary of the marked east-west channel to channel marker “19” (approximate latitude 27° 28' 46.1'' North, approximate longitude 82° 39' 36.4'' West), then bearing 57.8° for a distance of approximately 859 feet to a point (approximate latitude 27° 28' 50.8'' North, approximate longitude 82° 39' 28.4'' West) in the water, then bearing 24.2° for a distance of approximately 1344 feet to a point (approximate latitude 27° 29' 3.0'' North, approximate longitude 82° 39' 22.4'' West) in the water, then bearing 338.4° for a distance of approximately 3,128 feet to a point (approximate latitude 27° 29' 31.6'' North, approximate longitude 82° 39' 35.6'' West) in the water, and then bearing 305.9° to the line’s terminus at a point (approximate latitude 27° 29' 31.6'' North, approximate longitude 82° 39' 35.6'' West) on the eastern shoreline of the Flamingo Cay development.

b. All waters in western Palma Sola Bay within 300 feet of the general contour of the southern shoreline, north and west of a line bearing 89.8° from a point (approximate latitude 27° 28' 16.7'' North, approximate longitude 82° 40' 7.6'' West) on the southern shoreline of Palma Sola Bay, and east of a north-south line (i.e., bearing 360° and 180°) running through channel marker “3'’ in Palma Sola Bay.

c. Those waters near the southern and eastern shores of Palma Sola Bay and south of the causeway for SR 64, inshore of a line beginning at a point (approximate latitude 27° 28' 16.7'' North, approximate longitude 82° 40' 7.6'' West) on the southern shoreline of Palma Sola Bay, then bearing 89.8° for a distance of approximately 7397 feet to a point (approximate latitude 27° 28' 18.0'' North, approximate longitude 82° 38' 39.4'' West) in the water, then bearing 45.3° for a distance of approximately 733 feet to a point (approximate latitude 27° 28' 23.1'' North, approximate longitude 82° 38' 33.7'' West) in the water, then bearing 29.9° for a distance of approximately 565 feet to a point (approximate latitude 27° 28' 28.0'' North, approximate longitude 82° 38' 30.6'' West) in the water, then bearing 327.3° for a distance of approximately 758 feet to a point (approximate latitude 27° 28' 34.3'' North, approximate longitude 82° 38' 35.2'' West) in the water, then bearing 315.5° for a distance of approximately 1624 feet to a point (approximate latitude 27° 28' 45.6'' North, approximate longitude 82° 38' 48.1'' West) in the water, then bearing 359.3° for a distance of approximately 2270 feet to a point (approximate latitude 27° 29' 8.1'' North, approximate longitude 82° 38' 48.7'' West) in the water, then bearing 21.8° for a distance of approximately 1129 feet to a point (approximate latitude 27° 29' 18.5'' North, approximate longitude 82° 38' 44.2'' West) in the water, then running in a northerly and then westerly direction 300 feet offshore of and parallel with the eastern shoreline of Palma Sola Bay and the southern shoreline of the causeway for SR 64, then in a southerly direction to a point (approximate latitude 27° 29' 31.6'' North, approximate longitude 82° 39' 35.6'' West) in the water, and then bearing 305.9° to the line’s terminus at a point (approximate latitude 27° 29' 31.6'' North, approximate longitude 82° 39' 35.6'' West) on the eastern shoreline of the Flamingo Cay development.

d. All waters within 300 feet of shore in the portion of Palma Sola Bay north of SR 64, including within 300 feet of the causeway for SR 64, and all waters north of a line beginning at a point (approximate latitude 27° 29' 59.6'' North, approximate longitude 82° 39' 30.7'' West) in the water, then bearing 55.5° for a distance of approximately 1,107 feet to a point (approximate latitude 27° 30' 5.9'' North, approximate longitude 82° 39' 20.7'' West) in the water, then bearing 73.7° for a distance of approximately 1,690 feet to a point (approximate latitude 27° 30' 10.8'' North, approximate longitude 82° 39' 2.8'' West) in the water, then bearing 89.5° for a distance of approximately 1243 feet to the line’s terminus at a point (approximate latitude 27° 30' 11.1'' North, approximate longitude 82° 38' 49.0'' West) in the water.

Sarasota Bay (Anna Maria Island and Jewfish Key Area):

a. All waters within 300 feet of the eastern shoreline of Anna Maria Island south of Cortez Road (44th Avenue West) and all shorelines of Leffis Key, excluding those waters south of Leffis Key that are offshore of a line beginning at a point (approximate latitude 27° 27' 3.1'' North, approximate longitude 82° 41' 15.9'' West) in the water, then bearing 267.4° for a distance of approximately 574 feet to a point (approximate latitude 27° 27' 2.8'' North, approximate longitude 82° 41' 22.3'' West), then bearing 198.4° for a distance of approximately 125 feet to a point (approximate latitude 27° 27' 1.6'' North, approximate longitude 82° 41' 22.7'' West), then bearing 158.7° for a distance of approximately 771 feet to a point (approximate latitude 27° 26' 54.5'' North, approximate longitude 82° 41' 19.5'' West), then bearing 74.4° to the line’s terminus at a point (approximate latitude 27° 26' 55.1'' North, approximate longitude 82° 41' 17.0'' West) in the water. The southern and western boundary is the centerline of the SR 789 Bridge over Longboat Pass.

b. All waters adjacent to Jewfish Key inshore of a line beginning at a point (approximate latitude 27° 26' 44.9'' North, approximate longitude 82° 40' 55.2'' West) on the northern shoreline of Jewfish Key, then bearing 349.2° for a distance of approximately 252 feet to a point (approximate latitude 27° 26' 47.3'' North, approximate longitude 82° 40' 55.8'' West) in the water, then bearing 78.5° to a point on the western boundary of the ICW, then running in a southerly direction along the western boundary of the ICW to a point (approximate latitude 27° 26' 22.8'' North, approximate longitude 82° 40' 34.4'' West) in the water, then bearing 259.4° to the line’s terminus at a point (approximate latitude 27° 26' 22.6'' North, approximate longitude 82° 40' 35.7'' West) on the southeastern shoreline of Jewfish Key.

Sarasota Bay (Longboat Key Area): All waters within 300 feet of the eastern shoreline of Longboat Key and all shorelines of the Sister Keys, including all waters of the areas designated under sub-subparagraphs (2)(b)14.a. and b., except as otherwise designated under subparagraph (2)(c)6. The northern boundary is a line bearing 90° from a point (approximate latitude 27° 26' 20.5'' North, approximate longitude 82° 40' 50.2'' West) on the northeastern shoreline of Longboat Key and the southern boundary is the Sarasota County line.

a. All waters generally between Longboat Key and the Sister Keys, except as otherwise designated under subparagraph (2)(c)6. The northern boundary is a line beginning at a point (approximate latitude 27° 26' 6.7'' North, approximate longitude 82° 40' 46.7'' West) on the eastern shoreline of Longboat Key, then bearing 30.0° for a distance of approximately 536 feet to a point (approximate latitude 27° 26' 11.3'' North, approximate longitude 82° 40' 43.9'' West) in the water, then bearing 343.3° for a distance of approximately 267 feet to a point (approximate latitude 27° 26' 13.8'' North, approximate longitude 82° 40' 44.8'' West) in the water, then bearing 55.6° for a distance of approximately 181 feet to a point (approximate latitude 27° 26' 14.8'' North, approximate longitude 82° 40' 43.1'' West) in the water, then bearing 91.5° for a distance of approximately 1460 feet to a point (approximate latitude 27° 26' 14.6'' North, approximate longitude 82° 40' 26.9'' West) in the water, and then bearing 151.0° to the line’s terminus at a point on the northwestern shoreline of the Sister Keys. The southern boundary is a line beginning at a point (approximate latitude 27° 25' 41.5'' North, approximate longitude 82° 39' 44.0'' West) on the southern shoreline of the Sister Keys, then bearing 130.8° for a distance of 489 feet to a point (approximate latitude 27° 25' 38.4'' North, approximate longitude 82° 39' 39.9'' West) in the water, and then bearing 207.3° to the line’s terminus at a point on the eastern shoreline of Longboat Key.

b. All waters adjacent to Longboat Key south and west of a line beginning at a point (approximate latitude 27° 24' 51.2'' North, approximate longitude 82° 39' 16.0'' West) on the eastern shoreline of Longboat Key, then bearing 90.0° for a distance of approximately 300 feet to a point (approximate latitude 27° 24' 51.2'' North, approximate longitude 82° 39' 12.5'' West) in the water, then bearing 163.2° for a distance of approximately 1,583 feet to a point (approximate latitude 27° 24' 36.1'' North, approximate longitude 82° 39' 7.1'' West) in the water, then bearing 137.2° for a distance of approximately 5500 feet to a point (approximate latitude 27° 23' 56.8'' North, approximate longitude 82° 38' 25.2'' West) in the water, then bearing 119.3° for a distance of approximately 2,604 feet to a point (approximate latitude 27° 23' 44.4'' North, approximate longitude 82° 37' 59.7'' West) in the water, then bearing 130.1° for a distance of approximately 1,971 feet to a point (approximate latitude 27° 23' 32.0'' North, approximate longitude 82° 37' 42.8'' West) in the water, then bearing 189.0° to the line’s terminus at a point on the Sarasota County line.

Sarasota Bay (East Side): All waters within 300 feet of the eastern shoreline of Sarasota Bay and within 300 feet of all shorelines of the small islands in the vicinity of the eastern shoreline, including all waters of the areas designated under sub-subparagraphs (2)(b)15.a. through c., except as otherwise designated under subparagraph (2)(c)6. The southern boundary is the Sarasota County line.

a. All waters northeast of a line beginning at a point (approximate latitude 27° 27' 58.5'' North, approximate longitude 82° 41' 13.7'' West) on the eastern shoreline of Sarasota Bay, then bearing 210.8° for a distance of approximately 321 feet to a point (approximate latitude 27° 27' 55.7'' North, approximate longitude 82° 41' 15.5'' West) in the water, then bearing 142.2° for a distance of approximately 1,569 feet to a point (approximate latitude 27° 27' 43.6'' North, approximate longitude 82° 41' 4.6'' West) in the water, then bearing 133.3° for a distance of approximately 9,058 feet to the line’s terminus at a point (approximate latitude 27° 26' 42.9'' North, approximate longitude 82° 39' 50.5'' West) in the water.

b. All waters north and east of a line beginning at a point (approximate latitude 27° 26' 31.9'' North, approximate longitude 82° 39' 16.0'' West) in the water south of Tidy Island, then bearing 118.0° for a distance of approximately 1,771 feet to a point (approximate latitude 27° 26' 24.2'' North, approximate longitude 82° 38' 58.8'' West) in the water, then bearing 53.2° for a distance of approximately 1363 feet to a point (approximate latitude 27° 26' 32.6'' North, approximate longitude 82° 38' 46.8'' West) in the water, then bearing 107.7° for a distance of approximately 2076 feet to the line’s terminus at a point (approximate latitude 27° 26' 26.5'' North, approximate longitude 82° 38' 24.6'' West) in the water.

c. All waters north and east of a line beginning at a point (approximate latitude 27° 24' 55.1'' North, approximate longitude 82° 35' 17.3'' West) in the water south of 26th Street West in the Bayshore Gardens area, then bearing 116.1° for a distance of approximately 1,227 feet to a point (approximate latitude 27° 24' 49.8'' North, approximate longitude 82° 35' 5.1'' West) in the water, then bearing 142.1° for a distance of approximately 867 feet to a point (approximate latitude 27° 24' 43.2'' North, approximate longitude 82° 34' 58.9'' West) in the water, then bearing 153.5° for a distance of approximately 883 feet to the line’s terminus at a point (approximate latitude 27° 24' 35.3'' North, approximate longitude 82° 34' 54.5'' West) in the water.

Western Terra Ceia Bay/Flounder Pass Area: All waters of Flounder Pass south of a line bearing 106° from a point (approximate latitude 27° 33' 39.2'' North, approximate longitude 82° 36' 24.5'' West) on the northeastern shoreline of Rattlesnake Key; All waters of Terra Ceia Bay east of a line bearing 203.7° from a point (approximate latitude 27° 32' 55.0'' North, approximate longitude 82° 37' 47.3'' West) on the southeastern shoreline of Terra Ceia Point and west of a line beginning at a point (approximate latitude 27° 32' 34.6'' North, approximate longitude 82° 36' 21.2'' West) on the eastern shoreline of the unnamed mangrove island immediately north of Snead Island and bearing 44° to a point (approximate latitude 27° 33' 5.7'' North, approximate longitude 82° 35' 48.4'' West) in Terra Ceia Bay east of Bird Key, and then bearing 360° to the line’s terminus at a point (approximate latitude 27° 33' 33.3'' North, approximate longitude 82° 35' 48.8'' West) on the northern shoreline of Terra Ceia Bay, except as otherwise designated under subparagraph (2)(b)3., and sub-subparagraph (2)(b)4.a.
Braden River:

a. Those waters in the main marked channel of the Braden River from the northern boundary of the Slow Speed zone designated under subparagraph (2)(b)9., to a point 300 feet north of the centerline of the SR 64 Bridge, and from a point 300 feet south of the centerline of the SR 64 Bridge to a point (approximate latitude 27° 29' 35.2" North, approximate longitude 82° 30' 51.0" West) in the river approximately 4,500 feet upstream from the SR 64 Bridge.

b. Those waters in main branch of the Braden River, excluding all embayments and other waterways off of the main branch, southeast of a line bearing 42.0° from a point (approximate latitude 27° 29' 33.8" North, approximate longitude 82° 30' 52.4" West) on the eastern shoreline of the unnamed island to the west of Riverwalk Court, and west of a line bearing 193.2° from a point (approximate latitude 27° 29' 2.6" North, approximate longitude 82° 29' 52.3" West) on the southeastern shoreline of the unnamed island to the west of 18th Avenue East.

c. Those waters in main branch of the Braden River, excluding all embayments and other waterways off of the main branch, south of a line bearing 253.2° from a point (approximate latitude 27° 28' 48.1" North, approximate longitude 82° 29' 39.2" West) on the eastern shoreline of the Braden River south of 18th Avenue East, and northeast of a line bearing 290.1° from a point (approximate latitude 27° 28' 3.1" North, approximate longitude 82° 29' 36.1" West) on the northwestern shoreline of the peninsula north of 37th Avenue East to a point (approximate latitude 27° 28' 3.9" North, approximate longitude 82° 29' 38.6" West) on the southern shoreline of the unnamed island immediately to the west.

Manatee River (East of I-75): Those waters in the main marked channel of the Manatee River east of the western edge of the I-75 Bridge and west of the boat ramp at Fort Hamer, excluding the unregulated area described in subparagraph (2)(b)8.
Anna Maria Sound: Those waters in the portions of the following marked channels south and west of the northern boundary of the Slow Speed zone designated in sub-subparagraph (2)(b)10.b.:

a. Those waters in the marked channel south of 56th Street, east of a point (approximate latitude 27° 30' 25.6" North, approximate longitude 82° 42' 36.0" West) in the channel approximately 650 feet east of Anna Maria Island.

b. Those waters in the marked east-west channel that runs west from the ICW channel past Kingfish Boat Ramp on the north side of SR 64. The northwestern boundary is a point (approximate latitude 27° 30' 16.7" North, approximate longitude 82° 42' 37.2" West) in the channel approximately 300 feet south of the marina generally east of 52nd Street.

Palma Sola Bay: Those waters in the marked channel that runs from Perico Bayou into Palma Sola Bay, south of channel marker “13” (approximate latitude 27° 29' 35.7" North, approximate longitude 82° 40' 6.6" West) and north of the southern boundary of the Slow Speed zone designated under sub-subparagraph (2)(b)12.a.
Sarasota Bay:

a. Tidy Island Area: Those waters in the marked channel immediately north of Tidy Island and in the marked channel that runs in a southwesterly direction from the vicinity of 103rd Street Court West. The western boundary for both channels is the western boundary of the Slow Speed zone designated under subparagraph (2)(b)15.

b. Sister Keys Area: Those waters in the marked ICW channel within the Slow Speed zone designated under sub-subparagraph (2)(b)14.a.

(3) Commercial Fishing Permits: The following provisions pertain to the issuance of permits to allow individuals engaged in certain commercial fishing activities to operate their vessels in specified areas at speeds greater than the speed limits established under subsection (2), above. Procedures related to the application for and the review and issuance of these permits are as set forth in Rule 68C-22.003, F.A.C.

(a) Permits shall be limited as follows:

Permits shall only be available for the zones or portions of zones described under subparagraphs (2)(b)1., (2)(b)3., (2)(b)6. and (2)(b)7. (west of Snead Cut), and (2)(b)10. through (2)(b)15.
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.
Permits shall only apply to commercial fishing activities for the setting of nets to encircle fish, and shall only allow speeds up to twenty (20) mph.

(b) Permit applications may be obtained at the Commission’s Law Enforcement office at 5110 Gandy Blvd. in Tampa or by contacting the Commission’s Division of Law Enforcement (Boating and Waterways Section) at 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-5600.

(4) The zones described in subsection 68C-22.014(2), F.A.C., are depicted on the following maps, labeled "Manatee County Manatee Protection Zones.” The maps are intended to depict the above-described zones. In the event of conflict between the maps and descriptions, the descriptions shall prevail.

(5) The amendments to Rule 68C-22.014, F.A.C., as approved by the Commission on September 22, 2004, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 370.12(2)(g), (n) FS. Law Implemented 370.12(2)(d), (g), (k), (n) FS. History–New 12-12-02, Amended 1-5-05.

Fla. Admin. Code R. 68C-22.015 Charlotte County (and Part of DeSoto County) Zones

(1) The Commission hereby designates the waters within Charlotte County and DeSoto County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 370.12(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined that they are consistent with manatee protection needs.

(a) Idle Speed (All Year).

Turtle Bay, Southeast Entrance: Those waters east and southeast of a line beginning at the easternmost point (approximate latitude 26° 46' 23.2'' North, approximate longitude 82° 10' 30.8'' West) of a small unnamed island in the Gallagher Keys (at the southern end of Turtle Bay) and bearing 360° for a distance of approximately 2605 feet to a point (approximate latitude 26° 46' 49.1'' North, approximate longitude 82° 10' 31.0'' West) in Turtle Bay, and then bearing 68° to a point (approximate latitude 26° 47' 01.1'' North, approximate longitude 82° 09' 59.0'' West) on the eastern shoreline of Turtle Bay north of Cape Haze, and north and northwest of a line beginning at said easternmost point of a small unnamed island in the Gallagher Keys and bearing approximately 128° to the southwesternmost point (approximate latitude 26° 46' 20.1'' North, approximate longitude 82° 10' 26.4'' West) of the small unnamed island to the southeast, and then bearing 106° for a distance of approximately 960 feet to a point (approximate latitude 26° 46' 17.5'' North, approximate longitude 82° 10' 16.2'' West) in Charlotte Harbor, and then bearing 40° to a point (approximate latitude 26° 46' 50.5'' North, approximate longitude 82° 09' 46.4'' West) on the shoreline east of Cape Haze, excluding the waters in the embayment north of this point.
Turtle Bay, Mid-bay Area: Those waters inside of a polygon defined by the following coordinates: latitude 26° 47' 10.3'' North, longitude 82° 10' 54.5'' West (southwest); latitude 26° 47' 22.3'' North, longitude 82° 10' 50.5'' West (northwest); latitude 26° 47' 19.7'' North, longitude 82° 10' 40.5'' West (northeast), and; latitude 26° 47' 07.6'' North, longitude 82° 10' 44.4'' West (southeast).

(b) Slow Speed (All Year).

Lemon Bay Area: All waters of Lemon Bay south of the Sarasota/Charlotte County line, north of the Boca Grande Causeway, and west of State Road (SR) 775 (south of SR 776 on Gottfried Creek), excluding the ICW channel and the marked channel through Stump Pass as designated under subparagraph (2)(c)1., and the marked channels in Placida Harbor as designated under subparagraph (2)(c)2. Also excluded from this zone are the portion of the waterway known as “Ski Alley” south of a line bearing 258° from the northernmost point (approximate latitude 26° 54' 47.3'' North, approximate longitude 82° 21' 03.7'' West) of Peterson Island, and the areas described below:

a. The following portion of the Stump Pass area is excluded from the zone designated under subparagraph (2)(b)1.: Those waters southeast of “Ski Alley” and a line bearing 45° from a point (approximate latitude 26° 54' 03.6'' North, approximate longitude 82° 20' 26.5'' West) on the southeastern end of Peterson Island, southwest of a line bearing 106° from a point (approximate latitude 26° 54' 16.1'' North, approximate longitude 82° 20' 21.2'' West) on Whidden Key to the northernmost point (approximate latitude 26° 54' 12.8'' North, approximate longitude 82° 20' 07.3'' West) of the unnamed island southeast of Whidden Key, and northwest of a line bearing 49° from the northernmost point (approximate latitude 26° 53' 53.1'' North, approximate longitude 82° 20' 17.9'' West) of Thornton Key to a point on said unnamed island southeast of Whidden Key;

b. The following portion of the Gasparilla Pass area is excluded from the zone designated under subparagraph (2)(b)1.: Those waters southwest of a line beginning at a point (approximate latitude 26° 49' 26.2'' North, approximate longitude 82° 16' 56.3'' West) on Little Gasparilla Island and bearing 142° to a point (approximate latitude 26° 49' 12.3'' North, approximate longitude 82° 16' 44.0'' West) on Bird Key, then following the general contour of the northern and northeastern shorelines of Bird Key to a point (approximate latitude 26° 49' 03.6'' North, approximate longitude 82° 16' 34.1'' West) on the eastern shoreline of Bird Key, and then bearing 105° to the line’s terminus at the southernmost point (approximate latitude 26° 49' 01.2'' North, approximate longitude 82° 16' 24.0'' West) of the middle causeway island of the Boca Grande Causeway.

Peace River, US 41 Bridge to Interstate 75 (I-75) Bridge: Those waters within 1000 feet of the general contour of shorelines of the Peace River east of the centerline of the southbound US 41 Bridge and west of the centerline of the southbound I-75 Bridge, including all waters northeast of a line beginning at a point (approximate latitude 26° 57' 39.5'' North, approximate longitude 82° 01' 15.2'' West) on the southbound I-75 Bridge (approximately 1,000 feet south of Bird Key) and then bearing 289° to a point (approximate latitude 26° 57' 58.7'' North, approximate longitude 82° 02' 18.3'' West) on the northern shoreline of the Peace River.
Peace River, Interstate 75 (I-75) Bridge to Harbor Heights Area: All waters east of the centerline of the southbound I-75 Bridge, south and southwest of a line bearing 310° through Channel Marker “24,” and west of Shell Creek, excluding the main marked channel of the Peace River and the corridor north of Long Island and east of Bird Key as designated under subparagraph (2)(c)4., and the waters east of a line beginning at a point (approximate latitude 26° 58' 01.0'' North, approximate longitude 81° 59' 24.3'' West) on the southern shoreline of the Peace River (northeast of Harbor Avenue) and bearing 345° for a distance of approximately 1,216 feet to the southernmost point (approximate latitude 26° 58' 12.8'' North, approximate longitude 81° 59' 27.8'' West) of the peninsula to the north.
Shell Creek: All waters of Shell Creek east of the Peace River and west of the dam located approximately two (2) miles upstream (east) of the US 17 Bridge over Shell Creek, including the cut that connects Shell Creek to the Peace River north of Channel Marker “24” but excluding that portion of Shell Creek otherwise designated under subparagraph (2)(c)6.
Hunter Creek: All waters of Hunter Creek, Jim Long Lake, and associated waterways north of a line bearing 143° from a point (approximate latitude 27° 00' 57.2'' North, approximate longitude 81° 58' 36.1'' West) on the western shoreline of Hunter Creek (south of Jim Long Lake), and east of the general contour of the eastern shoreline of the Peace River.
Deep Creek: All waters of Deep Creek and associated waterways west of the general contour of the western shoreline of the Peace River.

Lemon Bay Area: Those waters in the ICW channel south of the Sarasota/Charlotte County line and north of the Boca Grande Causeway, and; those waters in the marked channel in North Stump Pass northeast of a line bearing 106° from a point (approximate latitude 26° 54' 16.1'' North, approximate longitude 82° 20' 21.2'' West) on Whidden Key to the northernmost point (approximate latitude 26° 54' 12.8'' North, approximate longitude 82° 20' 07.3'' West) of the unnamed island southeast of Whidden Key.
Placida Harbor Area: All waters in the marked channel that runs from the ICW to Gasparilla Pass on the northwest side of the Boca Grande Causeway, and; all waters in the marked channel that runs in a general east-west direction from the marina and boat ramp basin on the northwest side of Boca Grande Causeway, across the ICW, to Little Gasparilla Island, including a “south prong” channel that runs from said east-west channel to the zone boundary between Little Gasparilla Island and Bird Key. This designation only applies if the channels are marked in accordance with permits issued by all applicable state and federal authorities and if the channel locations and marking schemes are approved in advance by the Commission. In the absence of properly permitted and approved channels, these areas are as designated under subparagraph (2)(b)1.
Turtle Bay: All waters of Turtle Bay, except as otherwise designated under subparagraph (2)(a)2., west and northwest of a line beginning at the easternmost point (approximate latitude 26° 46' 23.2'' North, approximate longitude 82° 10' 30.8'' West) of a small unnamed island in the Gallagher Keys (at the southern end of Turtle Bay) and bearing 360° for a distance of approximately 2605 feet to a point (approximate latitude 26° 46' 49.1'' North, approximate longitude 82° 10' 31.0'' West) in Turtle Bay, and then bearing 68° to a point (approximate latitude 26° 47' 01.1'' North, approximate longitude 82° 09' 59.0'' West) on the eastern shoreline of Turtle Bay, north of the northern shorelines of the unnamed islands in the Gallagher Keys and lines directly connecting said shorelines, and east of a line beginning at the northwesternmost point (approximate latitude 26° 46' 27.8'' North, approximate longitude 82° 11' 24.9'' West) of the westernmost of the unnamed islands in the Gallagher Keys and bearing 298° to the easternmost point (approximate latitude 26° 46' 28.6'' North, approximate longitude 82° 11' 27.0'' West) of the unnamed island to the northwest, then following said island’s eastern shoreline to its northernmost point (approximate latitude 26° 46' 37.0'' North, approximate longitude 82° 11' 33.0'' West), then bearing 356° to the southernmost point of Eagle Nest Island (approximate latitude 26° 46' 42.3'' North, approximate longitude 82° 11' 33.0'' West), then following said island’s eastern shoreline to its easternmost point (approximate latitude 26° 47' 00.4'' North, approximate longitude 82° 11' 25.3'' West), then bearing 42° for a distance of approximately 2,700 feet to a point (approximate latitude 26° 47' 20.2'' North, approximate longitude 82° 11' 05.5'' West) on the southern end of a large unnamed island on the west side of Turtle Bay, then following said island’s eastern shoreline to a point (approximate latitude 26° 48' 10.7'' North, approximate longitude 82° 10' 58.3'' West) on the northern end of said island, then bearing 3° to the line’s terminus on the western shoreline of Turtle Bay west of Cash Mound.
Peace River, Interstate 75 (I-75) Bridge to Harbor Heights Area: All waters in the main marked channel of the Peace River east of the centerline of the southbound I-75 Bridge, and southwest of Channel Marker “24”, and all waters within 150 feet of a line beginning at a point (approximate latitude 26° 57' 35.6'' North, approximate longitude 82° 00' 58.2'' West) in the main marked channel of the Peace River south of Bird Key and bearing 32° to a point (approximate latitude 26° 57' 49.4'' North, approximate longitude 82° 00' 48.6'' West) east of Bird Key, then bearing 22° to a point (approximate latitude 26° 58' 11.2'' North, approximate longitude 82° 00' 39.2'' West) northeast of Bird Key and northwest of Long Island, then bearing 48° to a point (approximate latitude 26° 58' 28.4'' North, approximate longitude 82° 00' 18.2'' West) west of the southern end of the unnamed island north of Long Island, then bearing 27° to a point (approximate latitude 26° 58' 44.7'' North, approximate longitude 82° 00' 09.1'' West) west of the northern end of said unnamed island north of Long Island, and then bearing 63° to the line’s terminus at a point (approximate latitude 26° 58' 53.8'' North, approximate longitude 81° 59' 49.9'' West) in the Peace River northwest of Channel Marker “24.”
Peace River, North of Harbor Heights Area: All waters of the Peace River and associated waterways, northeast of a line bearing 310° through Channel Marker “24” and south of the SR 761 Bridge in DeSoto County, except as otherwise designated under subparagraphs (2)(b)5. and (2)(b)6., and excluding those waters of Whidden Bay and the waterways associated with the bay west and northwest of the general contour of the western shoreline of the Peace River.
Shell Creek: All waters of Shell Creek west of the Railroad Trestle and east of a line bearing 172° from the southernmost point (approximate latitude 26° 58' 43.3'' North, approximate longitude 81° 59' 28.6'' West) of the peninsula on the eastern side of the cut that connects Shell Creek to the Peace River north of Channel Marker “24,” excluding the embayments and associated waterways immediately north of Shell Creek.
Lower Hunter Creek: All waters of Hunter Creek south of a line bearing 143° from a point (approximate latitude 27° 00' 57.2'' North, approximate longitude 81° 58' 36.1'' West) on the western shoreline of Hunter Creek (south of Jim Long Lake), and east of the general contour of the eastern shoreline of the Peace River.

(3) The zones described in subsection 68C-22.015(2), F.A.C., are depicted on the following maps, labeled “Charlotte County Manatee Protection Zones.” The maps are intended as depictions of the above-described zones. In the event of conflict between the maps and descriptions, the descriptions shall prevail.

(4) The amendments to Rule 68C-22.015, F.A.C., as approved by the Commission on June 7, 2006, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 370.12(2)(n) FS. Law Implemented 370.12(2)(d), (k), (n) FS. History–New 12-12-02, Amended 7-23-06.

Fla. Admin. Code R. 68C-22.016 Pinellas County Zones

(1) The Commission hereby designates the waters within Pinellas County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs.

(2) The following year-round and seasonal zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels, boat basins, and other waterways unless otherwise designated or excluded. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83) using the HARN Florida GDL Albers projection.

(a) Slow Speed (year-round) ‒

Anclote River, Tarpon Bayou, Spring Bayou Area: All waters east of a line that bears 46° from a point (approximate latitude 28° 9' 44.0'' North, approximate longitude 82° 46' 47.6'' West) on the southern shoreline of the Anclote River (about 800 feet southeast of North Florida Avenue), and west of a line that bears 346° from a point (approximate latitude 28° 9' 24.4'' North, approximate longitude 82° 45' 51.6'' West) on the southern shoreline of the Anclote River (about 100 feet west of Roosevelt Blvd.), including all waters of Spring Bayou and Tarpon Bayou north of a line that bears 270° from a point (approximate latitude 28° 8' 45.6'' North, approximate longitude 82° 45' 43.4'' West) on the shoreline on the south side of the boat ramp at Craig Park, but excluding Kreamer Bayou and associated waters west and south of a line that bears 358° from a point (approximate latitude 28° 9' 26.2'' North, approximate longitude 82° 46' 12.0'' West) on the northern shoreline of Chesapeake Point to the southern shoreline of the peninsula that contains Bayshore Drive and North Casamia Circle;
Clearwater Area:

a. All waters, including the Intracoastal Waterway channel, north of the centerline of the Memorial Causeway (SR 60) Bridge, south of a line that bears 283° from a point (approximate latitude 27° 58' 29.8'' North, approximate longitude 82° 48' 11.3'' West) on the western shoreline of the peninsula that contains the Seminole Street boat ramp to the eastern shoreline of the island that contains Windward Island Road, and east of a line that bears 188° from a point (approximate latitude 27° 58' 23.7'' North, approximate longitude 82° 48' 39.6'' West) on the southern shoreline of the island that contains Windward Island Road to the northern shoreline of the Memorial Causeway; and,

b. All waters east of the marked channel of the Intracoastal Waterway, north of the aforementioned line that bears 283° from the western shoreline of the peninsula that contains the Seminole Street boat ramp and south of a line that bears 271° from a point (approximate latitude 27° 59' 20.5'' North, approximate longitude 82° 47' 55.9'' West) on the shoreline of the peninsula on the south side of Stevenson Creek that contains Venetian Point Drive;

Narrows Area: All waters outside of the marked channel of the Intracoastal Waterway (ICW) south of a line that bears 58° from a point (approximate latitude 27° 51' 52.3'' North, approximate longitude 82° 50' 49.7'' West) on the western shoreline of The Narrows (about 7340 feet south of the Indian Rocks Beach/Walsingham Road (SR 688) Bridge, running through green ICW channel marker 27), and north of a line that bears 83° from a point (approximate latitude 27° 51' 3.3'' North, approximate longitude 82° 50' 32.4'' West) on the western shoreline of The Narrows (about 350 feet south of green ICW channel marker 19);
Johns Pass Area: All waters of Johns Pass and Boca Ciega Bay (excluding the residential canals and side waterways of Madeira Beach and Treasure Island) east of the centerline of the Gulf Boulevard (SR 699) Bridge, and west of the following line: Begin at a point (approximate latitude 27° 47' 43.5'' North, approximate longitude 82° 46' 49.5'' West) on the eastern shoreline of the island that contains Johns Pass Avenue, then bear 96° for a distance of approximately 2,310 feet to a point (latitude 27° 47' 41.0'' North, longitude 82° 46' 23.9'' West) in the water northeast of Little Bird Key, then bear 135° for a distance of approximately 3,095 feet to another point (approximate latitude 27° 47' 19.1'' North, approximate longitude 82° 45' 59.8'' West) in the water, then bear 202° to the line’s terminus on the northeastern shoreline of the peninsula that contains 126th Avenue;
Boca Ciega Isle Area: All waters south of 55th Avenue, north of 41st Avenue, and west of the following line: Begin at a point (approximate latitude 27° 43' 51.4'' North, approximate longitude 82° 44' 11.9'' West) on the southeastern shoreline of the peninsula that contains Pali Way, then bear 170° for a distance of approximately 2,400 feet to a point (approximate latitude 27° 43' 28.0'' North, approximate longitude 82° 44' 7.6'' West) in the water northwest of Boca Ciega Isle, then bear 123° for a distance of approximately 290 feet to another point (approximate latitude 27° 43' 26.4'' North, approximate longitude 82° 44' 4.9'' West) in the water, then bear 50° for a distance of approximately 2510 feet to a point (approximate latitude 27° 43' 42.1'' North, approximate longitude 82° 43' 43.2'' West) in the water north of Boca Ciega Isle (west of red Intracoastal Waterway channel marker 30), then bear 155° for a distance of approximately 2,430 feet to a point (approximate latitude 27° 43' 20.1'' North, approximate longitude 82° 43' 32.1'' West) in the water (west of green Intracoastal Waterway channel marker 29), then bear 198° to the line’s terminus on the eastern shoreline of the peninsula that contains 41st Avenue;
Broadwater Area: All waters in the canal system between 42nd Avenue South and 46th Avenue South, east of a line that bears 12° from a point (approximate latitude 27° 43' 50.9'' North, approximate longitude 82° 41' 33.8'' West) on the shoreline of the peninsula that contains 45th Street South; and all waters of the canal system between 48th Avenue South and 49th Avenue South, east of a line that bears 191° from a point (approximate latitude 27° 43' 30.1'' North, approximate longitude 82° 41' 40.6'' West) on the shoreline of the peninsula that contains 48th Street South;
Indian Key, Frenchman Creek Area: All waters of Frenchman Creek; and all waters north of Indian Key and a line that bears 66° from a point (approximate latitude 27° 42' 16.0'' North, approximate longitude 82° 41' 5.3'' West) on the eastern shoreline of Indian Key to a point (approximate latitude 27° 42' 22.1'' North, approximate longitude 82° 40' 49.7'' West) on the eastern shoreline of Boca Ciega Bay, south of 62nd Avenue South and a line that bears 81° from a point (approximate latitude 27° 42' 38.3'' North, approximate longitude 82° 41' 33.2'' West) on the eastern shoreline of the peninsula that contains 62nd Avenue South, and east of a line beginning at a point (approximate latitude 27° 42' 8.4'' North, approximate longitude 82° 41' 52.5'' West) in the water approximately 120 feet west of Indian Key, then bearing 15° for a distance of approximately 1350 feet to a point (approximate latitude 27° 42' 21.2'' North, approximate longitude 82° 41' 48.4'' West) in the water, then bearing 355° to the line’s terminus on the southwestern shoreline of the peninsula that contains 62nd Avenue South, excluding those water within 200 feet of said peninsula west of a line that bears 150° from a point (approximate latitude 27° 42' 37.1'' North, approximate longitude 82° 41' 34.1'' West) on the southern shoreline;
Fort De Soto Area: All waters of Mullet Key Bayou and associated waters east and north of Anderson Boulevard, west of Pinellas Bayway South, and south of a line that bears 358° from a point (approximate latitude 27° 38' 36.4'' North, approximate longitude 82° 43' 52.5'' West) on the northern shoreline of Mullet Key to a point (latitude 27° 38' 39.2'' North, longitude 82° 43' 52.5'' West) in the water then bears 85° to a point (approximate latitude 27° 38' 42.2'' North, approximate longitude 82° 43' 5.6'' West) on the western shoreline of Madelaine Key (southwest of the boat ramps).

(b) Slow Speed (April 1 – November 15) ‒

Safety Harbor Area: All waters south and east of the centerline of the SR 580 Bridge and inshore of the following line: Begin at a point (approximate latitude 28° 0' 8.2'' North, approximate longitude 82° 40' 43.2'' West) on the western shoreline of Old Tampa Bay, then bear 80° for a distance of approximately 1,620 feet to a point (approximate latitude 28° 0' 10.8'' North, approximate longitude 82° 40' 25.3'' West) in the water, then bear 12° for a distance of approximately 1,245 feet to a point (approximate latitude 28° 0' 22.8'' North, approximate longitude 82° 40' 22.2'' West) in the water, then bear 333° for a distance of approximately 1,055 feet to a point (approximate latitude 28° 0' 32.2'' North, approximate longitude 82° 40' 27.4'' West) in the water, then bear 321° for a distance of approximately 2,920 feet to a point (approximate latitude 28° 0' 54.8'' North, approximate longitude 82° 40' 47.7'' West) in the water, then bear 335° for a distance of approximately 1,990 feet to a point (approximate latitude 28° 1' 12.7'' North, approximate longitude 82° 40' 56.8'' West) in the water, then bear 348° for a distance of approximately 1,650 feet to a point (approximate latitude 28° 1' 28.7'' North, approximate longitude 82° 41' 0.5'' West) in the water, then bear 41° for a distance of approximately 1,560 feet to a point (approximate latitude 28° 1' 40.2'' North, approximate longitude 82° 40' 48.8'' West) in the water, then bear 79° for a distance of approximately 2,125 feet to a point (approximate latitude 28° 1' 44.1'' North, approximate longitude 82° 40' 25.5'' West) in the water, then bear 101° for a distance of approximately 905 feet to a point (approximate latitude 28° 1' 42.3'' North, approximate longitude 82° 40' 15.6'' West) in the water, then bear 139° for a distance of approximately 1,280 feet to a point (approximate latitude 28° 1' 32.7'' North, approximate longitude 82° 40' 6.4'' West) in the water, then bear 172° for a distance of approximately 635 feet to a point (approximate latitude 28° 1' 26.4'' North, approximate longitude 82° 40' 5.4'' West) in the water, then bear 190° for a distance of approximately 1,750 feet to a point (approximate latitude 28° 1' 9.4'' North, approximate longitude 82° 40' 9.0'' West) in the water, then bear 201° for a distance of approximately 555 feet to a point (approximate latitude 28° 1' 4.3'' North, approximate longitude 82° 40' 11.3'' West) in the water, then bear 183° for a distance of approximately 1,035 feet to a point (approximate latitude 28° 0' 54.1'' North, approximate longitude 82° 40' 12.0'' West) in the water, then bear 168° for a distance of approximately 705 feet to a point (approximate latitude 28° 0' 47.3'' North, approximate longitude 82° 40' 10.4'' West) in the water, then bear 143° for a distance of approximately 715 feet to a point (approximate latitude 28° 0' 41.6'' North, approximate longitude 82° 40' 5.6'' West) in the water, then bear 164° for a distance of approximately 1,610 feet to a point (approximate latitude 28° 0' 26.3'' North, approximate longitude 82° 40' 0.9'' West) in the water, then bear 174° for a distance of approximately 1,205 feet to a point (approximate latitude 28° 0' 14.4'' North, approximate longitude 82° 39' 59.6'' West) in the water, then bear 88° for a distance of approximately 870 feet to the line’s terminus on the eastern shoreline of Safety Harbor;
North of Courtney Campbell Causeway: All waters north of Courtney Campbell Causeway, south of a line that bears 80° from a point (approximate latitude 28° 0' 8.2'' North, approximate longitude 82° 40' 43.2'' West) on the western shoreline of Old Tampa Bay, and west of the following line: Begin at a point (approximate latitude 27° 57' 46.2'' North, approximate longitude 82° 41' 8.4'' West) on the northern shoreline of the Courtney Campbell Causeway, then bear 13° for a distance of approximately 2,825 feet to a point (approximate latitude 27° 58' 13.3'' North, approximate longitude 82° 41' 1.0'' West) in the water, then bear 28° for a distance of approximately 2,000 feet to a point (approximate latitude 27° 58' 30.6'' North, approximate longitude 82° 40' 50.2'' West) in the water, then bear 327° for a distance of approximately 1,310 feet to a point (approximate latitude 27° 58' 41.6'' North, approximate longitude 82° 40' 58.0'' West) in the water, then bear 346° for a distance of approximately 2,840 feet to a point (approximate latitude 27° 59' 8.9'' North, approximate longitude 82° 41' 5.2'' West) in the water, then bear 5° for a distance of approximately 680 feet to a point (approximate latitude 27° 59' 15.6'' North, approximate longitude 82° 41' 4.4'' West) in the water, then bear 36° for a distance of approximately 4,410 feet to a point (approximate latitude 27° 59' 50.8'' North, approximate longitude 82° 40' 35.3'' West) in the water, then bear 29° for a distance of approximately 1,365 feet to a point (approximate latitude 28° 0' 2.5'' North, approximate longitude 82° 40' 27.7'' West) in the water, then bearing 13° for a distance of approximately 870 feet to the line’s terminus on the aforementioned line that bears 80° from a point on the western shoreline of Old Tampa Bay.

Indian Rocks Beach Area: All waters south of a line that bears 114° from a point (approximate latitude 27° 54' 29.1'' North, approximate longitude 82° 50' 6.3'' West) on the shoreline of the peninsula that contains Harbor Drive North to the western shoreline of the island that contains Buttonwood Lane, and north of the centerline of the Indian Rocks Beach/Walsingham Road (SR 688) Bridge, including the waters of McKay Creek west of the centerline of Indian Rocks Road, but excluding the marked channel of the Intracoastal Waterway and the following areas:

a. The basin between 20th Avenue and Harbor Drive, west of a line that bears 6° from a point (approximate latitude 27° 54' 17.4'' North, approximate longitude 82° 50' 31.9'' West) on the shoreline of the peninsula that contains 20th Avenue Parkway; and,

b. The basins between 12th Avenue and 20th Avenue, west of a line that bears 46° from a point (approximate latitude 27° 53' 51.2'' North, approximate longitude 82° 50' 26.1'' West) on the shoreline of the peninsula that contains 12th Avenue to the shoreline of the peninsula that contains 20th Avenue;

Redington Shores Area: All waters east of a line that bears 189° from a point (approximate latitude 27° 50' 4.1'' North, approximate longitude 82° 49' 49.8'' West) on the southern shoreline of Conch Key (about 250 feet east of red Intracoastal Waterway channel marker 4), west of the peninsula that contains Oakhurst Drive, and north of the following line: Begin at the southern terminus of the aforementioned line from Conch Key, then run approximately 1,500 feet east along the northern shoreline of the peninsula that contains 182nd Avenue East to the easternmost point (approximate latitude 27° 49' 56.0'' North, approximate longitude 82° 49' 35.7'' West) of the peninsula, then bear 28° for a distance of approximately 540 feet to a point (approximate latitude 27° 50' 0.6'' North, approximate longitude 82° 49' 32.9'' West) in the water on the northern boundary of the marked channel of the Intracoastal Waterway (about 220 feet east of red Intracoastal Waterway channel marker 2), then run in a southeasterly direction along the northern boundary of the marked channel of the Intracoastal Waterway for a distance of approximately 2,040 feet to red Intracoastal Waterway channel marker 24 (approximate latitude 27° 49' 51.4'' North, approximate longitude 82° 49' 12.5'' West), then bear 102° to a point (approximate latitude 27° 49' 47.3'' North, approximate longitude 82° 48' 52.5'' West) on the northwestern shoreline of the large unnamed island south of Boca Ciega Millennium Park, then run along the northern and eastern shorelines of said island to a point (approximate latitude 27° 49' 40.2'' North, approximate longitude 82° 48' 46.0'' West) on its southeastern shoreline, then bear 113° to a point (approximate latitude 27° 49' 34.5'' North, approximate longitude 82° 48' 31.2'' West) on the northwestern shoreline of the unnamed island to the southeast, then run along the northern and eastern shorelines of said island to a point (approximate latitude 27° 49' 28.8'' North, approximate longitude 82° 48' 24.1'' West) on its southeastern shoreline, then bear 129° to the line’s terminus at a point on the western shoreline of the peninsula that contains Oakhurst Drive;
West of War Veteran’s Memorial Park: All waters north of a line that bears 131° from a point (approximate latitude 27° 48' 37.5'' North, approximate longitude 82° 47' 16.2'' West) on the shoreline of Boca Ciega Bay near Madeira Beach Elementary School and runs approximately 6,225 feet to a point (latitude 27° 47' 56.8'' North, longitude 82° 46' 24.1'' West) in the water then bears 83° to a point (approximate latitude 27° 47' 57.8'' North, approximate longitude 82° 46' 13.6'' West) on the western shoreline of Turtlecrawl Point in War Veteran’s Memorial Park, excluding the basin east of Bay Pines Terrace;
Long Bayou, Dog Leg Key Area: All waters east of the following line: Begin at a point (latitude 27° 48' 6.1'' North, longitude 82° 45' 52.7'' West) in the water west of Dog Leg Key and east of Bay Pines channel marker 16, then bear 176° for a distance of approximately 325 feet to another point (approximate latitude 27° 48' 2.9'' North, approximate longitude 82° 45' 52.5'' West) in the water, then bear 143° for a distance of approximately 3,130 feet to Jungle Beach channel marker 7 (approximate latitude 27° 47' 37.9'' North, approximate longitude 82° 45' 31.8'' West), then bear 154° for a distance of approximately 1,580 feet to another point (approximate latitude 27° 47' 23.8'' North, approximate longitude 82° 45' 24.3'' West) in the water, then bear 141° to the line’s terminus at a point (approximate latitude 27° 47' 18.6'' North, approximate longitude 82° 45' 19.7'' West) in the water approximately 315 feet west of the eastern shoreline of Boca Ciega Bay just to the north of the Jungle Prada boat ramp, south of the following line: Begin at a point (approximate latitude 27° 48' 9.2'' North, approximate longitude 82° 45' 27.4'' West) on the eastern shoreline of Long Bayou (near 33rd Avenue North), then bear 260° to a point on the eastern shoreline of Dog Leg Key, then run along the southern shoreline of Dog Leg Key to a point on the western shoreline, then bear 257° to the line’s terminus at the aforementioned point in the water east of Bay Pines channel marker 16, and north of a line that bears 275° from a point (approximate latitude 27° 47' 18.3'' North, approximate longitude 82° 45' 16.2'' West) on the eastern shoreline of Boca Ciega Bay just to the north of the Jungle Prada boat ramp;
North of Treasure Island Causeway: All waters south of a line that bears 275° from a point (approximate latitude 27° 47' 18.3'' North, approximate longitude 82° 45' 16.2'' West) on the eastern shoreline of Boca Ciega Bay just to the north of the Jungle Prada boat ramp, north of the centerline of the Treasure Island/Central Avenue Bridge, and west of the following line: Begin at a point (approximate latitude 27° 47' 18.6'' North, approximate longitude 82° 45' 19.7'' West) in the water approximately 315 feet west of the eastern shoreline of Boca Ciega Bay just to the north of the Jungle Prada boat ramp, then bear 190° for a distance of approximately 1,585 feet to another point (approximate latitude 27° 47' 3.2'' North, approximate longitude 82° 45' 23.0'' West) in the water, then bear 152° for a distance of approximately 3,450 feet to a point (approximate latitude 27° 46' 32.9'' North, approximate longitude 82° 45' 5.4'' West) in the water northeast of Intracoastal Waterway channel marker 16, then bear approximately 183° for a distance of approximately 1,330 feet to a point (approximate latitude 27° 46' 19.8'' North, approximate longitude 82° 45' 6.5'' West) in the water (corresponding to the current northeast corner of a state boating safety zone), then bear 179° to the line’s terminus on the Treasure Island Causeway;
79th Street South, South Pasadena Area: All waters south of a line that bears 231° from a point (approximate latitude 27° 45' 44.4'' North, approximate longitude 82° 44' 30.1'' West) on the eastern shoreline of Boca Ciega Bay (near the southwesterly extension of Villa Grande Avenue South) to the eastern shoreline of the peninsula that contains 9th Avenue South (including those waters in the basin between 9th Avenue South and 10th Avenue South and in the basin between 10th Avenue South and 79th Street South), and north of the following line: Begin at a point (approximate latitude 27° 45' 18.1'' North, approximate longitude 82° 45' 2.6'' West) on the southern shoreline of the peninsula that contains the southernmost section of 79th Street South, then bear 134° to the northernmost point (approximate latitude 27° 45' 16.4'' North, approximate longitude 82° 45' 0.7'' West) of Deadman Key, then run along the eastern shoreline of Deadman Key to a point (approximate latitude 27° 45' 9.9'' North, approximate longitude 82° 44' 56.8'' West) on the shoreline, then bear 90° to the westernmost point of the island that contains Sun Island Drive South, then run along the northwestern and northern shorelines to a point (approximate latitude 27° 45' 15.6'' North, approximate longitude 82° 44' 42.9'' West) on the northwestern shoreline of the peninsula that contains the northern extension of Sun Island Drive South, then run along the northern shoreline of said peninsula to a point (approximate latitude 27° 45' 15.6'' North, approximate longitude 82° 44' 40.1'' West) on its northeastern shoreline, then bear 93° to a point (approximate latitude 27° 45' 15.3'' North, approximate longitude 82° 44' 36.1'' West) on the northwestern shoreline of the peninsula that contains Bay Island Drive South, then run along the northern shoreline of said peninsula to a point (approximate latitude 27° 45' 15.2'' North, approximate longitude 82° 44' 33.5'' West) on its northeastern shoreline, then bear 90° to the line’s terminus on the eastern shoreline of Boca Ciega Bay (about 250 feet north of Huffman Way);
Pasadena Avenue Area:

a. All waters, including the Intracoastal Waterway channel, south of a line that bears 261° from a point (approximate latitude 27° 45' 22.4'' North, approximate longitude 82° 45' 18.9'' West) on the shoreline of the peninsula that contains 13th Avenue South, north and west of the centerline of the Pasadena Avenue South (SR 693) Bridge, and west of a line that bears 134° from a point (approximate latitude 27° 45' 18.1'' North, approximate longitude 82° 45' 2.6'' West) on the southern shoreline of the peninsula that contains the southernmost section of 79th Street South to the northernmost point (approximate latitude 27° 45' 16.4'' North, approximate longitude 82° 45' 0.7'' West) of Deadman Key, excluding the basin between 79th Street South and 80th Street South; and,

b. All waters, including the Intracoastal Waterway channel, east and south of the centerline of the Pasadena Avenue South (SR 693) Bridge, south of a line that bears 100° from a point (approximate latitude 27° 44' 50.5'' North, approximate longitude 82° 44' 43.7'' West) on the southeastern shoreline of Deadman Key to a point (approximate latitude 27° 44' 47.3'' North, approximate longitude 82° 44' 24.0'' West) on the western shoreline of Pasadena Isle and then runs along the southern shoreline of said isle to a point (approximate latitude 27° 44' 37.3'' North, approximate longitude 82° 44' 5.2'' West) on its southern shoreline, and north and west of a line that bears 178° from the aforementioned point on the southern shoreline of Pasadena Isle for a distance of approximately 300 feet to a point (latitude 27° 44' 34.3'' North, longitude 82° 44' 5.2'' West) in the water southeast of South Pasadena Marina channel marker 2 and then bears 229° to a point (approximate latitude 27° 44' 25.7'' North, approximate longitude 82° 44' 16.8'' West) on the eastern shoreline of the peninsula that contains 64th Avenue;

Pasadena Golf Club Area: All waters of Bear Creek west and south of La Plaza Avenue South; and all waters east of the centerline of the Shore Drive South Bridge to Pasadena Isle, and north of the following line: Begin at a point (approximate latitude 27° 44' 37.3'' North, approximate longitude 82° 44' 5.2'' West) on the southern shoreline of Pasadena Isle, then bear 178° for a distance of approximately 300 feet to a point (latitude 27° 44' 34.3'' North, longitude 82° 44' 5.2'' West) in the water southeast of South Pasadena Marina channel marker 2, then bear 139° for a distance of approximately 1490 feet to a point (approximate latitude 27° 44' 23.1'' North, approximate longitude 82° 43' 54.4'' West) in the water (east of red Intracoastal Waterway channel marker 34), then bear 99° for a distance of approximately 2,590 feet to a point (approximate latitude 27° 44' 19.0'' North, approximate longitude 82° 43' 25.9'' West) in the water south of Kipps Colony, then bear 36° to the line’s terminus on the southwestern shoreline of the peninsula that contains Bayview Circle South;
Isle Del Sol Area: All waters west of the Pinellas Bayway South, north of a line that bears 311° from a point (approximate latitude 27° 41' 42.8'' North, approximate longitude 82° 43' 1.4'' West) on the western shoreline of the Pinellas Bayway South Causeway to a point (latitude 27° 41' 58.1'' North, longitude 82° 43' 21.0'' West) in the water (northeast of red Intracoastal Waterway channel marker 24), and east of a line bearing 8° from said point in the water east of channel marker 24 to a point (approximate latitude 27° 42' 12.8'' North, approximate longitude 82° 43' 18.3'' West) on the southern shoreline of Isle Del Sol;
Tierra Verde Area: All waters south of a line that bears 108° from a point (approximate latitude 27° 40' 57.5'' North, approximate longitude 82° 43' 8.6'' West) on the eastern shoreline of Paradise Key, west of a line that bears 179° from a point (approximate latitude 27° 40' 33.3'' North, approximate longitude 82° 41' 47.3'' West) in the water northwest of Tarpon Key to a point (approximate latitude 27° 39' 28.0'' North, approximate longitude 82° 41' 47.0'' West) in the water on the northern boundary of the marked channel in Bunces Pass, north of the marked channel in Bunces Pass, and east of the Pinellas Bayway South, excluding the canals north of 13th Street East and the deeper water area bounded on the east by a line that bears 182° from a point (approximate latitude 27° 40' 55.5'' North, approximate longitude 82° 43' 1.9'' West) in the water south of Little Bird Key to a point (approximate latitude 27° 40' 24.5'' North, approximate longitude 82° 43' 3.5'' West) in the water east of 13th Street East and bounded on the south by a line that bears 107° from a point (approximate latitude 27° 40' 26.4'' North, approximate longitude 82° 43' 10.0'' West) on the shoreline of the peninsula that contains 13th Street East to the aforementioned point in the water east of 13th Street East.

(d) Slow Speed (November 15 – March 31) – Whitcomb Bayou Area: All waters of Whitcomb Bayou south of a line that bears 270° from a point (approximate latitude 28° 8' 45.6'' North, approximate longitude 82° 45' 43.4'' West) on the shoreline on the south side of the boat ramp at Craig Park.

(a) Permits shall be limited as follows:

Permits shall only be available for the zones or portions of zones described under subparagraphs (2)(a)2., (2)(a)4., (2)(a)5., (2)(a)7., (2)(c)1. through (2)(c)5., and (2)(c)7. through (2)(c)10., above;
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.; and,
Permits shall only apply to commercial fishing activities for the setting of nets to encircle fish, and shall only allow speeds up to 20 mph.

(b) Permit applications may be obtained from the Commission’s Law Enforcement office at 5110 Gandy Boulevard, Tampa, Florida, or by contacting the Commission’s Imperiled Species Management Section at 620 South Meridian Street, Tallahassee, Florida 32399-1600 (e-mail: ManateeZonePermit@MyFWC.com; (850)922-4330).

(4) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 1-5-05, Amended 1-18-16.

Fla. Admin. Code R. 68C-22.018 Turkey Creek Zones Established

History

Rulemaking Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(f), (14) FS. History–New 11-23-83, Formerly 16N-22.18, 16N-22.018, 62N-22.018, Repealed 6-24-02.

Fla. Admin. Code R. 68C-22.021 Manatee Cove Zone Established

History

Rulemaking Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(k)2. FS. History–New 12-4-85, Formerly 16N-22.21, Repealed 6-24-02.

Fla. Admin. Code R. 68C-22.022 Hillsborough County – Big Bend Zones Established

History

Rulemaking Authority 370.021(2) FS. Law Implemented 370.12(2)(i), (j), (n) FS. History–New 12-30-86, Formerly 16N-22.022, 62N-22.022, Repealed 1-5-05.

Fla. Admin. Code R. 68C-22.023 Collier County Zones

(1) The Commission hereby designates the waters within Collier County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs.

(2) The following year-round zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels, boat basins, and other waterways unless otherwise designated or excluded. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83_2011) using the Florida GDL Albers projection. Access to the NO ENTRY zone designated in paragraph (2)(a)2., will be provided in accordance with procedures set forth in subsection (4), hereunder, and applicable provisions of Rule 68C-22.003, F.A.C.

(a) NO ENTRY –

Henderson Creek/Enchanting Shores area: All waters of the basin and canal adjacent to the Enchanting Shores Trailer Park, east of a line bearing 20° beginning at a point (approximate latitude 26° 02' 58.2" N, approximate longitude 81° 41' 14.6" W) on the southern shoreline of the canal approximately fifty (50) feet east of where the canal flows into Henderson Creek; and,
Faka Union Canal area: All waters of the basins, canals, and associated waters of the warm water manatee refuge oxbow west of and adjacent to the Faka Union Canal, south of an east-west line 745' south and north of east-west line 2200' south of the southernmost east-west canal of Port of the Islands.

(b) IDLE SPEED (channel included) –

Henderson Creek area: All waters of Henderson Creek and associated waters east of the centerline of Collier Boulevard (State Road 951) bridges, and southwest of a structure north of the Tamiami Trail (US 41) bridge, except as designated under subparagraph (2)(a)1.;
Marco Island/Collier Bay area: All waters of Collier Bay, and associated waters south of the mouth of Marco Bay/Marco River, and north of San Marco Road (State Road 92);
Caxambas Bay/Roberts Bay area: All waters of Caxambas Bay, Roberts Bay, and associated waters, north of a line beginning at a point on the shoreline of Marco Island (approximate latitude 25° 54' 29.3" N, approximate longitude 81° 43' 06" W) (west of channel marker “8”) and bearing approximately 106° to the westernmost point of the unnamed island north of Dickman’s Island, then running along the northern shoreline of said island to its easternmost point (approximate latitude 25° 54' 16.8" N, approximate longitude 81° 42' 23.6" W), and then bearing approximately 91° (through channel marker “13”) to the line’s ending point on the shoreline of Horrs Island (approximate latitude 25° 54' 15.2" N, approximate longitude 81° 41' 31.7" W), south and west of a line beginning at a point on Horrs Island (approximate latitude 25° 54' 13.8" N, approximate longitude 81° 41' 15.2" W) and bearing 360° to the southeasternmost point of Pass Key (approximate latitude 25° 54' 27.6" N, approximate longitude 81° 41' 14.9" W), then running along the eastern shoreline of said key to its northernmost point (approximate latitude 25° 54' 37.1" N, approximate longitude 81° 41' 18.9" W), then bearing approximately 349° to the southernmost point of David Key, then running along the southwestern shoreline of said key to its westernmost point (approximate latitude 25° 54' 57.8" N, approximate longitude 81° 41' 33" W), and then bearing 270° to the line’s ending point on the shoreline of Marco Island, and south of San Marco Road (State Road 92); and,
Faka Union Canal/Port of the Islands area: All waters of Faka Union Canal and associated waters, south of the centerline of the Tamiami Trail (US 41) bridges, and north of an east-west line 500 feet south of the southernmost east-west canal.

Little Hickory Bay/Bonita Shores area: All waters of Little Hickory Bay and associated waters south of the Lee County line and north of a line beginning at a point on the western shoreline of Little Hickory Bay (approximate latitude 26° 19' 28.2" N, approximate longitude 81° 50' 13.7" W) and bearing 90° to the southernmost point of the peninsula containing Third Street West in Bonita Shores (approximate latitude 26° 19' 27.9" N, approximate longitude 81° 49' 57.4" W), and then bearing 125° to the line’s ending point on the eastern shoreline of Little Hickory Bay, except as designated under subparagraph (2)(e)1.;
Wiggins Pass/Vanderbilt Lagoon area: All waters of Wiggins Pass, Wiggins Bay, Water Turkey Bay, Vanderbilt Lagoon, and associated waters, east of a line which bears 180° from the southernmost point of Wiggins Island (approximate latitude 26° 17' 22.6'' N, approximate longitude 81° 49' 50.5" W), south of a line beginning at a point on the eastern shoreline of Wiggins Island (approximate latitude 26° 18' 10.2" N, approximate longitude 81° 49' 47.6" W) at the narrow section of the waterway north of Wiggins Pass and bearing 90° to the line’s ending point on the eastern shoreline of said waterway (approximate latitude 26° 18' 10.2" N, approximate longitude 81° 49' 46" W), and north and west of a line at the southern end of Wiggins Bay beginning at the northeasternmost point of the peninsula west of the Cocohatchee River (approximate latitude 26° 17' 16.8" N, approximate longitude 81° 48' 57.2" W) and bearing 90° to its ending point on the eastern shoreline of said river, including all waters of Water Turkey Bay and Vanderbilt Lagoon, except as designated under subparagraph (2)(e)1.;
Doctors Pass/Moorings Bay area: All waters of Doctors Pass, Moorings Bay, and associated waters, east of a line which bears 168.5° from the northern shoreline of Doctors Pass (approximate latitude 26° 10' 27.2'' N, approximate longitude 81° 48' 53.6" W);
Gordon River area: All waters of the Gordon River, Rock Creek, and associated waters, north of the centerline of the Tamiami Trail (US 41) bridges, south of the structure at Golden Gate Parkway (County Road 886) (approximate latitude 26° 10' 27.2'' N, approximate longitude 81° 48' 53.6" W), and west of the structure at Golden Gate Main Canal (approximate latitude 26° 10' 4.4'' N, approximate longitude 81° 48' 27.1" W);
Naples Bay/Gordon Pass/Dollar Bay area: All waters of Naples Bay, Gordon Pass, Admiralty Bay, Port Royal, Bartell Bay, and associated waters south of the centerline of the Tamiami Trail (US 41) bridges, north of a line beginning at a point on the eastern shoreline of Keewadin Island (approximate latitude 26° 03' 23.3" N, approximate longitude 81° 46' 45.4" W) and then bearing 90° through channel marker “52” to the line’s ending point on the eastern shoreline at the north end of “The Narrows” (approximate latitude 26° 03' 23.3" N, approximate longitude 81° 46' 42.7" W), northeast of a line beginning at a point on the southern shoreline of Gordon Pass (approximate latitude 26° 05' 30.9" N, approximate longitude 81° 47' 55.2" W) and then bearing 336° through channel marker “7” to the line’s ending point on the northern shoreline of Gordan Pass (approximate latitude 26° 5' 38.3" N, approximate longitude 81° 47' 58.6" W), and west of the structure northeast of Tamiami Trail (US 41) bridges, in Haldeman Creek, except as designated under subparagraph (2)(e)2.;
The Narrows: All waters east of Keewadin Island known as “The Narrows,” south of a line beginning at a point on the eastern shoreline of Keewadin Island (approximate latitude 26° 03' 23.3" N, approximate longitude 81° 46' 45.4" W) and then bearing 90° through channel marker “52” to the line’s ending point on on the eastern shoreline at the north end of “The Narrows” (approximate latitude 26° 03' 23.3" N, approximate longitude 81° 46' 42.7" W), and northwest of a line beginning at a point on the eastern shoreline of Keewadin Island (approximate latitude 26° 02' 33" N, approximate longitude 81° 46' 31.4" W) and then bearing 54° through channel marker “47” to the line’s ending point on the southwest shoreline of an unnamed island at the south end of “The Narrows” (approximate latitude 26° 02' 35.8" N, approximate longitude 81° 46' 27.1" W);
Halloway Island North area: All waters of the inland waterway south of a line beginning at a point on the eastern shoreline of Keewadin Island (approximate latitude 26° 02' 33" N, approximate longitude 81° 46' 31.4" W) and then bearing 54° through channel marker “47” to the line’s ending point on the southwest shoreline of an unnamed island at the south end of “The Narrows” (approximate latitude 26° 02' 35.8" N, approximate longitude 81° 46' 27.1" W), north of a line bearing 60° through channel marker “44” (approximate latitude 26° 02' 20.1" N, approximate longitude 81° 46' 27.3" W), and west of a line bearing 180° at the north end of Halloway Island running through the westernmost point (approximate latitude 26° 02' 33.8" N, approximate longitude 81° 46' 16" W) of the small unnamed island at the north end of Rookery Bay;
Inland Waterway/Halloway Island area: All waters of the inland waterway and associated waters, south of a line bearing 60° through channel marker “44” (approximate latitude 26° 02' 20.1" N, approximate longitude 81° 46' 27.3" W), west of a line bearing 180° at the south end of Halloway Island running through channel marker “27A” (approximate latitude 26° 0' 53.1" N, approximate longitude 81° 45' 13.8" W), north of a line beginning at the northern most point of Little Marco Island (approximate latitude 26° 01' 05" N, approximate longitude 81° 45' 44.2" W) and then bearing 247° to a point on the eastern shoreline of Keewadin Island (approximate latitude 26° 01' 02.1" N, approximate longitude 81° 45' 52.4" W), and north of a line beginning at a point on the eastern shoreline of Little Marco Island (approximate latitude 26° 00' 42.8" N, approximate longitude 81° 45' 30.4" W) and then bearing 90° to a point on the eastern shoreline of Cannon Island (approximate latitude 26° 00' 42.8" N, approximate longitude 81° 45' 19.3" W), except as designated under subparagraph (2)(e)3.;
Johnson Bay area: All waters of Johnson Bay and associated waters, east of a line bearing 180° at the south end of Halloway Island running through channel marker “27A” (approximate latitude 26° 00' 53.1" N, approximate longitude 81° 45' 13.8" W), south of a line at Hall Bay beginning on the southeastern shoreline of Halloway Island (approximate latitude 26° 00' 55.2" N, approximate longitude 81° 44' 36.9" W) and bearing 90° to a point on the eastern shoreline of the waterway (approximate latitude 26° 00' 55.2" N, approximate longitude 81° 44' 32.3'' W), and northeast of a line bearing 136° from a point on the south end of the unnamed island south of Cannon Island (approximate latitude 25° 58' 43.3" N, approximate longitude 81° 44' 33.8'' W) to a point on the southwestern shoreline of the Isle of Capri in Capri Pass (approximate latitude 25° 58' 31.6" N, approximate longitude 81° 44' 21.7'' W), excluding the unnamed bays and backwater areas north and east of Johnson Bay as designated under paragraph (2)(d)4., except as designated under subparagraph (2)(e)6.;
Henderson Creek/Hall Bay area: All waters of Henderson Creek, Hall Bay, and associated waters, west of the centerline of Collier Boulevard (State Road 951) bridges, north and east of Johnson Bay beginning at a point on the southeastern shoreline of Halloway Island (approximate latitude 26° 00' 55.2" N, approximate longitude 81° 44' 36.9" W) and bearing 90° to a point on the eastern shoreline of the waterway (approximate latitude 26° 00' 55.2" N, approximate longitude 81° 44' 32.3'' W), and south and east of a line beginning at a point on the southeastern shore of Halloway Island (approximate latitude 26° 01' 13.2" N, approximate longitude 81° 44' 42.8" W) and bearing 90° to the southwesternmost point (approximate latitude 26° 01' 13.2" N, approximate longitude 81° 44' 38.8'' W) of the large unnamed island separating Rookery Bay and Hall Bay, then running along the eastern shoreline of said island to its northeasternmost point (approximate latitude 26° 01' 23.3" N, approximate longitude 81° 44' 31.6 '' W), then bearing approximately 15° to the southwesternmost point of the unnamed island to the northeast (approximate latitude 26° 01' 27.4" N, approximate longitude 81° 44' 30.3'' W), then running along the eastern shoreline of said island to its southeasternmost point, then bearing approximately 60° to the line’s ending point at a point (approximate latitude 26° 01' 34.4'' N, approximate longitude 81° 44' 15.6'' W) on the southwestern shoreline of the peninsula forming the northwestern boundary of Henderson Creek, except as designated under subparagraphs (2)(e)4. and (2)(e)5.;
Marco River/Tarpon Bay area: All waters of Tarpon Bay, Marco River, Marco Bay, Factory Bay and associated waters, east of a line bearing 164° from point on the southwestern shoreline of the Isle of Capri (approximate latitude 25° 58' 30.1" N, approximate longitude 81° 44' 21'' W) to the line’s ending point at a point (approximate latitude 25° 58' 17.8'' N, approximate longitude 81° 44' 17.3'' W) on the northwestern shoreline of Marco Island, north of Collier Bay, and west of the centerline of Collier Boulevard (State Road 951) bridges over Marco River (Judge Jolly Bridge), except as designated under paragraph (2)(e)7.;
Flotilla Passage area: All waters of Flotilla Passage, north of a line bearing 260° from the southernmost point of the mangrove island to the east of Flotilla Passage (approximate latitude 25° 58' 01.1" N, approximate longitude 81° 42' 26'' W) to the line’s ending point at a point (approximate latitude 25° 58' 1'' N, approximate longitude 81° 42' 28.2'' W) on the southeastern shoreline of the Bear Point causeway, and all waters within 600 feet of the Collier Boulevard (State Road 951) bridge over McIlvane Bay;
South Marco River/Addison Bay area: All waters of Marco River, Big Marco River, East Marco Bay, Sanctuary Sound, Georgia Fruit Farm Creek, Bear Point Cove, Three Island Cove, The Muddies, Addison Bay, and associated waters, east of the centerline of Collier Boulevard (State Road 951) bridges over Marco River (Judge Jolly Bridge), south of Unknown Bay, Upper Addison Bay, and the unnamed bays and backwater areas north and east of Bear Point Cove, Three Island Cove, and Addison Bay, and north of a line bearing 265° through channel marker “15” (approximate latitude 25° 56' 04.4" N, approximate longitude 81° 39' 14.1" W) in the Marco River (north of the San Marco Road/State Road 92 bridge over Goodland Bay), except as designated under subparagraphs (2)(e)8. and (2)(e)9.;
Goodland Bay/Coon Key Pass area: All waters of Goodland Bay, Coon Key Pass, Blue Hill Creek, and associated waters, west of Palm Bay, south of a line bearing 265° through channel marker “15” (approximate latitude 25° 56' 04.4" N, approximate longitude 81° 39' 14.1" W) in the Marco River (north of the San Marco Road/State Road 92 bridge over Goodland Bay), north and west of a line beginning at the southernmost point of the unnamed mangrove island between Sugar Bay and Coon Key Pass (approximate latitude 25° 54' 38'' N, approximate longitude 81° 38' 09.6'' W) and bearing 219° to the southeastern shoreline of an unnamed island on the western shoreline of Coon Key Pass (approximate latitude 25° 54' 23.7'' N, approximate longitude 81° 38' 23'' W), then running along the northern shoreline of said island to its northwesternmost point (approximate latitude 25° 54' 45.8'' N, approximate longitude 81° 38' 58.7'' W), then bearing 298° to the line’s ending point on the northeastern shoreline of Horrs Island (approximate latitude 25° 54' 52.9'' N, approximate longitude 81° 39' 12.7'' W), and east of a line beginning at a point on the southern shoreline of Marco Island (approximate latitude 25° 55' 08.3'' N, approximate longitude 81° 39' 19'' W) and bearing 180° to a point on the northern shoreline of Horrs Island (approximate latitude 25° 55' 04.3'' N, approximate longitude 81° 39' 19'' W), except as designated under subparagraph (2)(e)10.;
Caxambas Bay/Helen Key area: All waters of Caxambas Pass, Caxambas Bay, and associated waters, south of a line beginning at a point on the shoreline of Marco Island (approximate latitude 25° 54' 29.3" N, approximate longitude 81° 43' 06" W) (west of channel marker “8”) and bearing approximately 106° to the westernmost point of the unnamed island north of Dickman’s Island, then running along the northern shoreline of said island to its easternmost point (approximate latitude 25° 54' 16.8" N, approximate longitude 81° 42' 23.6" W), and then bearing approximately 91° (through channel marker “13”) to the line’s ending point on the shoreline of Horrs Island (approximate latitude 25° 54' 15.2" N, approximate longitude 81° 41' 31.7" W), east of a line beginning at the southwesternmost point of Marco Island (approximate latitude 25° 54' 29.4" N, approximate longitude 81° 43' 42.6" W) and bearing 165° to a point in Caxambas Pass (approximate latitude 25° 54' 13.7" N, approximate longitude 81° 43' 38.2" W), then bearing approximately 100° to the line’s ending point on the northernmost point of Dickman’s Point (approximate latitude 25° 54' 06.3" N, approximate longitude 81° 42' 56" W), north and east of Kice Island, and north of a line beginning at a point on the eastern shoreline of Kice Island (approximate latitude 25° 53' 25.4" N, approximate longitude 81° 42' 01.9" W) and bearing 66° to the northwesternmost point of the large unnamed island between Kice Island and Helen Key, then running along the north and east shoreline of said island to its easternmost point (approximate latitude 25° 53' 15.4" N, approximate longitude 81° 41' 15.2" W), then bearing approximately 48° to the line’s ending point on the western shoreline of Helen Key (approximate latitude 25° 53' 26.1" N, approximate longitude 81° 41' 01.6" W), and west of a line beginning at a point on Horrs Island (approximate latitude 25° 54' 04.3" N, approximate longitude 81° 40' 33.5" W) and bearing 180° (through channel marker “3”) to the northern shoreline of Helen Key (approximate latitude 25° 53' 42.3" N, approximate longitude 81° 40' 33.5" W), except as designated under subparagraphs (2)(e)11., (2)(e)12., and (2)(e)13.;
Faka Union Canal area: All waters of Faka Union Canal, Faka Union Bay, and associated waters, south of an east-west line 500 feet south of the southernmost east-west canal, and north of a line in Faka Union Bay beginning at the southernmost point of the peninsula (approximate latitude 25° 54' 03.5" N, approximate longitude 81° 31' 01.4" W) north of channel marker “43” and bearing 107° to the line’s ending point on the eastern shoreline of Faka Union Bay (approximate latitude 25° 53' 51.4" N, approximate longitude 81° 30' 21" W), except as designated under subparagraph (2)(a)2.; and,
Barron River/Everglades City/Chokoloskee Bay area: All waters of Barron River, and associated waters, west of the Collier Avenue (State Road 29) bridge; and all waters of Chokoloskee Bay, and associated waters, south and east of a line beginning at a point on the northern shoreline of the bay (approximate latitude 25° 51' 18.5" N, approximate longitude 81° 23' 46.7" W) and bearing 180° to the northernmost point of Bear Island (approximate latitude 25° 51' 13.1" N, approximate longitude 81° 23' 46.7" W), then running along the western shoreline of said island to its southwesternmost point (approximate latitude 25° 51' 07.2" N, approximate longitude 81° 23' 45.4" W), then bearing approximately 225° to northernmost point of the unnamed spoil island north of channel marker “27”, then running along the eastern shorline of said island to its southernmost point (approximate latitude 25° 50' 50.5" N, approximate longitude 81° 24' 04.4" W), north of a line beginning at the aforementioned southernmost point of the unnamed spoil island north of channel marker “27” and bearing approximately 112° to channel marker “5” (approximate latitude 25° 50' 31.8" N, approximate longitude 81° 23' 16.1" W), then bearing approximately 135° to a point on the Everglades National Park boundary (approximate latitude 25° 50' 02.2" N, approximate longitude 81° 22' 44.6" W), and then bearing approximately 89° to the line’s ending point on the Chokoloskee Causeway (State Road 29) (approximate latitude 25° 50' 02.2" N, approximate longitude 81° 22' 24.9" W), and south of the Chokoloskee Causeway (State Road 29).

(d) 20 MPH –

Little Hickory Bay area: All waters of Little Hickory Bay and associated waters south of a line beginning at a point on the western shoreline of Little Hickory Bay (approximate latitude 26° 19' 28.2" N, approximate longitude 81° 50' 13.7" W) and bearing 90° to the southernmost point of the peninsula containing Third Street West in Bonita Shores (approximate latitude 26° 19' 27.9" N, approximate longitude 81° 49' 57.4" W), and then bearing 125° to the line’s ending point on the eastern shoreline of Little Hickory Bay, and north of a line beginning at a point on the eastern shoreline of Wiggins Island (approximate latitude 26° 18' 10.2" N, approximate longitude 81° 49' 47.6" W) at the narrow section of the waterway north of Wiggins Pass and bearing 90° to the line’s ending point on the eastern shoreline of said waterway (approximate latitude 26° 18' 10.2" N, approximate longitude 81° 49' 46" W, except as designated under subparagraph (2)(e)1.;
Cocohatchee River area: All waters of the Cocohatchee River and associated waters south and east of a line at the southern end of Wiggins Bay beginning at the northeasternmost point of the peninsula west of the Cocohatchee River (approximate latitude 26° 17' 16.8" N, approximate longitude 81° 48' 57.2" W) and bearing 90° to its ending point on the eastern shoreline of said river, and west of the centerline of Tamiami Trail N (US 41) bridge;
Rookery Bay area: All waters of Rookery Bay and associated waters east of “The Narrows” section of the Inland Waterway and line bearing 180° running through the westernmost point (approximate latitude 26° 02' 33.8" N, approximate longitude 81° 46' 16" W) of the small unnamed island at the north end of Rookery Bay, and north of a line beginning at a point on the southeastern shore of Halloway Island (approximate latitude 26° 01' 13.2" N, approximate longitude 81° 44' 42.8" W) and bearing 90° to the southwesternmost point (approximate latitude 26° 01' 13.2" N, approximate longitude 81° 44' 38.8'' W) of the large unnamed island separating Rookery Bay and Hall Bay, then running along the eastern shoreline of said island to its northeasternmost point (approximate latitude 26° 01' 23.3" N, approximate longitude 81° 44' 31.6 '' W), then bearing approximately 15° to the southwesternmost point of the unnamed island to the northeast (approximate latitude 26° 01' 27.4" N, approximate longitude 81° 44' 30.3'' W), then running along the eastern shoreline of said island to its southeasternmost point, then bearing approximately 60° to the line’s ending point at a point (approximate latitude 26° 01' 34.4'' N, approximate longitude 81° 44' 15.6'' W) on the southwestern shoreline of the peninsula forming the northwestern boundary of Henderson Creek;
East of Johnson Bay area: All waters of the unnamed bays and backwater areas north and east of Johnson Bay, north of Flotilla Passage and the Isle of Capri, and west of the Collier Boulevard (State Road 951) bridge over McIlvane Bay, except as designated under subparagraph (2)(c)12.;
Barfield Bay/Blue Hill Bay area: All waters of Barfield Bay, Blue Hill Creek, and associated waters, north of Horrs Island, north and east of a line beginning at a point on Horrs Island (approximate latitude 25° 54' 13.8" N, approximate longitude 81° 41' 15.2" W) and bearing 360° to the southeasternmost point of Pass Key (approximate latitude 25° 54' 27.6" N, approximate longitude 81° 41' 14.9" W), then running along the eastern shoreline of said key to its northernmost point (approximate latitude 25° 54' 37.1" N, approximate longitude 81° 41' 18.9" W), then bearing approximately 349° to the southernmost point of David Key, then running along the southwestern shoreline of said key to its westernmost point (approximate latitude 25° 54' 57.8" N, approximate longitude 81° 41' 33" W), and then bearing 270° to the line’s ending point on the shoreline of Marco Island, and west of a line beginning at a point on the southern shoreline of Marco Island (approximate latitude 25° 55' 08.3'' N, approximate longitude 81° 39' 19'' W) and bearing 180° to a point on the northern shoreline of Horrs Island (approximate latitude 25° 55' 04.3'' N, approximate longitude 81° 39' 19'' W);
Palm Bay/Sugar Bay area: All waters of Palm Bay, Sugar Bay, Mud Bay, and associated waters, east of Goodland Bay, northeast of a line beginning at the southernmost point of the unnamed mangrove island between Sugar Bay and Coon Key Pass (approximate latitude 25° 54' 38'' N, approximate longitude 81° 38' 09.6'' W) and bearing 157° to the line’s ending point on the northwestern shoreline of Tripod Key (approximate latitude 25° 54' 30.3'' N, approximate longitude 81° 38' 06.1'' W); and,
Ten Thousand Islands/Faka Union Bay/Chokoloskee Bay area: All waters of the Ten Thousand Islands area (including those waters of the Blackwater River, Blackwater Bay, Faka Union Bay, and Chokoloskee Bay), east of Palm Bay, Sugar Bay, Tripod Key, and a line beginning at a point on Tripod Key (approximate latitude 25° 54' 14.1" N, approximate longitude 81° 37' 31.2" W) and bearing approximately 170° to the westernmost point of the large unnamed island northeast of Brush Island (approximate latitude 25° 53' 58.1" N, approximate longitude 81° 37' 28.5" W), then bearing approximately 174° to the northwesternmost point of Brush Island (approximate latitude 25° 53' 47.7" N, approximate longitude 81° 37' 27.5" W), then running along the western shoreline of Brush Island to the line’s ending point at the southernmost point of said island (approximate latitude 25° 53' 29.2" N, approximate longitude 81° 37' 21.2" W), and north of the Monroe County line and a line connecting the southern shorelines of all the outermost islands of the Ten Thousand Islands area, excluding all waters within the boundaries of Everglades National Park, and areas otherwise designated under subparagraphs (2)(a)2., (2)(b)4., (2)(c)16-17., and (2)(e)14-17.

(e) 30 MPH –

Little Hickory Bay/Wiggins Pass area: All waters in the marked channel south of the Lee/Collier County line and north of a line beginning at the southeasternmost point of Wiggins Island (approximate latitude 26° 17' 26.2" N, approximate longitude 81° 49' 38.9" W) and bearing approximately 79° to the southernmost point of the first small unnamed island to the east (approximate latitude 26° 17' 26.9" N, approximate longitude 81° 49' 34.1" W);
Naples Bay/Gordon Pass/Dollar Bay area: All waters in the north-south marked channel south of channel marker “33” (approximate latitude 26° 07' 45.9" N, approximate longitude 81° 47' 28.1" W) in Naples Bay and north of channel marker “52” (approximate latitude 26° 03' 23.3" N, approximate longitude 81° 46' 43.5" W) at the north end of The Narrows; in the marked channel of Haldeman Creek north to marker to “3” (approximate latitude 26° 6' 54.2" N, approximate longitude 81° 47' 9.8" W); in the east-west marked channel inside of Gordon Pass east of channel marker “10” and west of a line beginning at the southernmost point of the peninsula containing Bayview Park (approximate latitude 26° 06' 06.8" N, approximate longitude 81° 47' 04" W) and bearing 180° to its ending point on the southern shoreline (approximate latitude 26° 06' 03.8" N, approximate longitude 81° 47' 04" W);
Inland Waterway/Halloway Island area: All waters in the north-south marked channel south of channel marker “44” (approximate latitude 26° 02' 20.1" N, approximate longitude 81° 46' 27.3" W) and north of channel marker “31” (approximate latitude 26° 01' 05.9" N, approximate longitude 81° 45' 44" W);
Hall Bay area: All waters in the marked channel northeast of channel marker “1” (approximate latitude 26° 01' 14.7" N, approximate longitude 81° 44' 23.3" W) and southwest of channel marker “3” (approximate latitude 26° 01' 31.7" N, approximate longitude 81° 44' 12.7" W);
Hall Bay/Henderson Creek area: All waters in the marked channel northeast of a line bearing 360° beginning at a point on the eastern shoreline of Shell Island (approximate latitude 26° 01' 33.1" N, approximate longitude 81° 44' 01.9" W) and southwest of channel marker “7” (approximate latitude 26° 02' 0.5" N, approximate longitude 81° 43' 20" W);
Johnson Bay/Capri Pass area: All waters in the north-south marked channel south of channel marker “27A” (approximate latitude 26° 00' 53.1" N, approximate longitude 81° 45' 13.8" W) and north of channel marker “2A” (approximate latitude 25° 58' 47.7" N, approximate longitude 81° 44' 17.6" W); and in the east-west marked channel northeast of a line bearing 136° from a point on the south end of the unnamed island south of Cannon Island (approximate latitude 25° 58' 43.3" N, approximate longitude 81° 44' 33.8'' W) to a point on the southwestern shoreline of the Isle of Capri in Capri Pass (approximate latitude 25° 58' 31.6" N, approximate longitude 81° 44' 21.7'' W), and southwest of channel marker “9” (approximate latitude 25° 59' 07.9" N, approximate longitude 81° 43' 41.8" W);
Marco River area: All waters in the marked channel of Marco River southeast of channel marker “15” (approximate latitude 25° 58' 17.7" N, approximate longitude 81° 43' 26.2" W) and north and west of a point 360' northwest of the centerline of the Collier Boulevard (State Road 951) bridges over Marco River (Judge Jolly Bridge);
Bear Point Cove/Addison Bay area: All waters in the east-west marked channel north of Charity Island, north and east of a point 360' southeast of the centerline of the Collier Boulevard (State Road 951) bridges over Marco River (Judge Jolly Bridge) and west of channel marker “1” (approximate latitude 25° 58' 03.1" N, approximate longitude 81° 40' 32.8" W) in Addison Bay;
Big Marco River area: All waters in the east-west marked channel south of Charity Island, south and east of a point 360’ southeast of the centerline of the Collier Boulevard (State Road 951) bridges over Marco River (Judge Jolly Bridge) and north of channel marker “15” (approximate latitude 25° 56' 04.4" N, approximate longitude 81° 39' 14.1" W) on the north side of the San Marco Road/State Road 92 bridge over Goodland Bay;
Coon Key Pass area: All waters in the north-south marked channel south of channel marker “6” (approximate latitude 25° 55' 13.9" N, approximate longitude 81° 38' 28.9" W) and north of a line bearing 219° beginning at the southernmost point of the unnamed mangrove island between Sugar Bay and Coon Key Pass (approximate latitude 25° 54' 38'' N, approximate longitude 81° 38' 09.6'' W) to the southeastern shoreline of an unnamed island on the eastern shoreline of Coon Key Pass (approximate latitude 25° 54' 23.7'' N, approximate longitude 81° 38' 23'' W);
Caxambas Pass area: All waters in the east-west marked channel south and west of a line beginning at a point on the shoreline of Marco Island (approximate latitude 25° 54' 29.3" N, approximate longitude 81° 43' 06" W) (west of channel marker “8”) and bearing approximately 106° to the westernmost point of the unnamed island north of Dickman’s Island, and north and east of a line beginning at the southwesternmost point of Marco Island (approximate latitude 25° 54' 29.4" N, approximate longitude 81° 43' 42.6" W) and bearing 165°;
Caxambas Bay area: All waters in the east-west marked channel north of Fred Key, west of channel marker “3” (approximate latitude 25° 55' 13.9" N, approximate longitude 81° 38' 28.9" W) and south of channel marker “13” (approximate latitude 25° 54' 15.4" N, approximate longitude 81° 41' 38.3" W); and in the connecting east-west channel north of Dickmans Island and Curry Island east of channel marker “6” (approximate latitude 25° 54' 15.2" N, approximate longitude 81° 42' 36.6" W) to the connecting point between markers “7” and “9”;
Snook Hole Channel area: All waters in the east-west marked channel north of Kice Island, north and west of a line beginning at the easternmost point of the large unnamed island between Kice Island and Helen Key (approximate latitude 25° 53' 15.4" N, approximate longitude 81° 41' 15.2" W), then bearing approximately 48° to the line’s ending point on the western shoreline of Helen Key (approximate latitude 25° 53' 26.1" N, approximate longitude 81° 41' 01.6" W), south and east of channel marker “12” (approximate latitude 25° 53' 53" N, approximate longitude 81° 42' 38.8" W);
Shell Key/Blackwater Bay/Blackwater River area: All waters in the north-south marked channel north of Shell Key, north and east of channel marker “2” (approximate latitude 25° 55' 03.6" N, approximate longitude 81° 36' 45.5" W) and south and west of channel marker “22” (approximate latitude 25° 56' 19" N, approximate longitude 81° 35' 28" W);
Panther Key/Faka Union Bay area: All waters in the north-south marked channel, north and east of a line connecting Panther Key and Round Key (between channel markers “4” and “5”), and south of a line in Faka Union Bay beginning at the southernmost point of the peninsula (approximate latitude 25° 54' 03.5" N, approximate longitude 81° 31' 01.4" W) north of channel marker “43” and bearing 107° to the line’s ending point on the eastern shoreline of Faka Union Bay (approximate latitude 25° 53' 51.4" N, approximate longitude 81° 30' 21" W);
Indian Key Pass/Chokoloskee Bay area: All waters in the north-south marked channel, north and east of the Everglades National Park Boundary, and south and west of a line beginning at the southernmost point of the unnamed spoil island (approximate latitude 25° 50' 50.5" N, approximate longitude 81° 24' 04.4" W) and bearing approximately 112° to channel marker “5” (approximate latitude 25° 50' 31.8" N, approximate longitude 81° 23' 16.1" W);
Sandfly Pass/Chokoloskee Bay area: All waters in the north-south marked channel, north and east of the Everglades National Park Boundary, and south and west of channel marker “5” (approximate latitude 25° 50' 31.8" N, approximate longitude 81° 23' 16.1" W).

(3) Commercial Fishing and Professional Guiding Permits: The following provisions pertain to the issuance of permits to allow commercial fishermen and professional fishing guides to operate their vessels in specified areas at speeds greater than the speed limits established under subsection (2), above. Procedures related to the application for and the review and issuance of these permits are as set forth in Rule 68C-22.003, F.A.C.

(a) Permits shall be limited as follows:

Permits shall only be issued for the zones or portions of zones described under subparagraphs (2)(c)9., (2)(c)10., (2)(c)11., (2)(c)13., (2)(c)14. and (2)(c)15.;
Permits shall not authorize the recipient to operate at speeds greater than 20 MPH within the restricted area, and;
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.

(b) Permit applications may be obtained by contacting the Commission’s Imperiled Species Management Section at 620 South Meridian Street, Tallahassee, FL 32399-1600 (email: ManateeZonePermit@MyFWC.com; (850)922-4330)).

(4) Access to the No Entry zones designated in paragraph (2)(a)2., above, will be allowed for the Rookery Bay National Estuarine Research Reserve, South Florida Water Management District, and Florida Department of Environmental Protection employees or their authorized agents provided that entry into the zones is necessary to conduct activities associated with maintenance, emergency operations or environmental monitoring. The Commission must receive notification of the activity prior to its commencement. In the event of an emergency activity, the Commission shall be notified no more than two weeks after the activity has been commenced. All vessels used in the operation or associated with the activity shall be operated at no greater than Idle Speed while within the zones and must have an observer on board to look for manatees. All routine activities associated with maintenance and environmental monitoring shall be halted when manatees are seen in the zones. Activities that are halted because of manatee presence may only proceed after the manatee(s) leave the area of their own volition.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 8-28-90, Formerly 16N-22.023, Amended 6-5-97, Formerly 62N-22.023, Amended 2-19-18.

Fla. Admin. Code R. 68C-22.024 Martin County Zones

(1) For the purpose of regulating the speed and operation of motorboats year-round, the Martin County zones are established as follows:

(a) Slow Speed Zone –

All navigable inland waters within Martin County within 600 feet waterward of the general contour of the shoreline, unless otherwise designated or excepted, inclusive of all associated backwaters, bayous, creeks, and canals (unless specifically excluded or otherwise designated), and excepting marked or maintained navigation channels unless otherwise designated. The following areas are specifically excluded from this designation: the C-23 Canal west of the South Florida Water Management District water control structure “S-48”; the Lake Okeechobee Waterway southwesterly of St. Lucie Locks; the Lake Okeechobee rim canal; and nearshore waters immediately adjacent to the “Jensen Beach Causeway Islands” (under the Jensen Beach Bridge, on the easterly side of the Atlantic Intracoastal Waterway) and immediately adjacent to the “Stuart Causeway Islands” (under the Ocean Boulevard (Stuart Causeway) Bridge, on the easterly side of the Atlantic Intracoastal Waterway) except as provided under paragraph (9)(a), hereunder. Waters so regulated within this designation shall include, but not be limited to, the following:

a. That portion of the St. Lucie River within Martin County, westerly to the St. Lucie County/Martin County line (and inclusive of those waters westward in the C-23 Canal to the South Florida Water Management District water control structure “S-48”), southerly (in the South Fork) to the centerline of the Palm City Bridge, and easterly/southeasterly to an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, excluding that portion of the North Fork of the St. Lucie River known as “Ski Point,” or “Speedy Point,” northwesterly of the Roosevelt/US 1 Bridge (beginning at a line running through day mark “R 2” and the southwesterly extreme of said point, running northerly for a distance of 500 feet following the general contour of the shoreline), and excluding the main marked channel of the St. Lucie River.

b. In the “cross roads” area of the intersection of the St. Lucie River and the Indian River, that portion from an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, thence:

(I) Southerly, southeasterly, and northerly, following the contour of the shoreline, to a northern boundary represented by an east-west line drawn from daymark “G 235” (lat 27° 10' 38.477" N, long 80° 11' 03.939" W) to the western side of the Indian River, excluding the main marked channel of the St. Lucie River; and,

(II) Southerly and easterly, along the western and southern shoreline, to the western boundary of the main marked channel of the Atlantic Intracoastal Waterway, excluding the main marked channel of the St. Lucie River.

c. On the east side of the Indian River, that portion northerly of an east-west line, drawn from day mark “R 230” (lat 27° 11' 53.51" N, long 80° 11' 16.28" W) to the eastern shore of the Indian River, north to the Martin County/St. Lucie County line, excluding that portion of the waterfront area commonly known as “Cat Cove” lying within 600 feet of the shoreline with the southerly limit being 200 feet northeasterly of the Ocean Boulevard (Stuart Causeway) Bridge and the northerly limit being .25 mile northerly of the Ocean Boulevard (Stuart Causeway) Bridge.

All waters of the St. Lucie River/Okeechobee Waterway, outside of the main marked navigation channel, from the centerline of the Palm City Bridge southward to the St. Lucie Locks.
All waters lying outside of the marked Atlantic Intracoastal Waterway channel from the St. Lucie Inlet southward to the Martin County/Palm Beach County line, inclusive of those waterbodies commonly known as “Peck Lake,” “Hole in the Wall,” and “The Narrows,” unless otherwise designated or excepted.
All waters within that waterbody commonly known as “Manatee Pocket,” inclusive of “Manatee Creek.”
Those portions of the Atlantic Intracoastal Waterway within its main marked channel, as follows:

a. Between day marks “G 13” (lat 27° 08' 30.120" N, long 80° 09' 43.590" W) and “R 16” (lat 27° 07' 39.560" N, long 80° 09' 05.720" W);

b. Between an east-west line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway 50 feet north of day mark “R 44” (lat 29° 00' 26" N, long 80° 05' 45" W) and day mark “G 49” (lat 26° 59' 16.060" N, long 80° 05' 26.820" W); and,

c. From day mark “G 21” (lat 27° 06' 31" N, long 80° 08' 30" W) south to the north end of the fender system of the SR 708 Bridge.

All waters of the Loxahatchee River lying outside of the marked navigation channel from the Martin County/Palm Beach County line northward through the boundaries of the Jonathan Dickinson State Park.
All waters within Martin County westerly of the marked Atlantic Intracoastal Waterway channel in the Indian River from day mark “G 235” (lat 27° 10' 38.477" N, long 80° 11' 03.939" W) northward to the Martin County/St. Lucie County line.
All waters within Martin County near the “cross roads” area of the intersection of the Indian River and the St. Lucie River lying easterly of the marked Atlantic Intracoastal Waterway channel of the Indian River, with the southerly limit being a line running eastward from day mark “G 235” (lat 27° 10' 38.477" N, long 80° 11' 03.939" W), the northerly limit being a line running eastward from day mark “R 230” (lat 27° 11' 53.510" N, long 80° 11' 16.280" W), and the easterly limit being the eastern shoreline of the Indian River. (The actual legal and enforceable boundaries of this zone will be established by markers or buoys, upon marking and posting of the area.)
All waters within Martin County within the immediate vicinity of, and within 200 feet of all faces of, all bridges, locks and other water control structures, unless otherwise designated.
All waters within the north and south 100 feet of the “oxbow” adjacent to the main section of the old St. Lucie River, South Fork as described in subparagraph (1)(b)5., hereunder. (The actual legal and enforceable boundaries of this zone will be established by markers or buoys, upon marking and posting of the area.)

(b) Maximum 25 MPH Zone –

All waters within Martin County within the “cross roads” area of the intersection of the Indian River and the St. Lucie River, unless otherwise designated and which are outside of the Slow Speed Zone, with the northerly limit in the Indian River being an east-west line drawn from shore to shore through day mark “G 235” (lat 27° 10' 38.477" N, long 80° 11' 03.939" W), the southerly limit being day mark “G 1” (lat 27° 09' 43.649" N, long 80° 10' 39.947" W) at the Great Pocket, the westerly/northwesterly limit being an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, and the easterly limit being the waterward extreme of the entrance to the St. Lucie Inlet.
All waters within 600 feet of the general contour of the shoreline easterly of the Atlantic Intracoastal Waterway within the “cross roads” area described in subparagraph (1)(b)1., above, inclusive of private channels and the channel commonly known as “Sailfish Point.”
All waters within the marked channel of the Atlantic Intracoastal Waterway, unless otherwise designated, from day mark “G 1” (lat 27° 09' 43.649" N, long 80° 10' 39.947" W) in the Indian River Great Pocket southward to the Martin County/Palm Beach County line.
All waters of the St. Lucie/Okeechobee Waterway, within its marked channel in the St. Lucie River, from the centerline of the Palm City Bridge to the St. Lucie Locks.
All waters within the “oxbow” section of the old St. Lucie River South Fork outside of the canalized portion of the South Fork, easterly of Midway Island, between day mark “37” (lat 27° 08' 57.380" N, long 80° 15' 37.730" W) and day mark “39” (lat 27° 08' 18.580" N, long 80° 15' 44.170" W) and that portion of the old river branching off of the oxbow and to the south of it, in the form of a lake. That portion described in subparagraph (1)(a)10., above, shall be excluded from this designation.
All waters within the marked navigation channel of the Loxahatchee River from the Martin County/Palm Beach County line northward through the boundaries of the Jonathan Dickinson State Park.
All waters in the Indian River within the marked channel of the Atlantic Intracoastal Waterway from day mark “R 230” (lat 27° 11' 53.51" N, long 80° 11' 16.28" W) to day mark “G 235” (lat 27° 10' 38.477" N, long 80° 11' 03.939" W).

(2) That portion of Lake Okeechobee within Martin County is exempt from speed restrictions under the provisions of this rule.

(3) Those waters designated under subparagraphs (1)(a)1.b., (1)(a)3., (1)(a)5., (1)(a)6., (1)(b)1., (1)(b)3., and (1)(b)6., wherein protection zones were previously established and enforced (as adopted March 19, 1979), shall remain unaffected by exemption provisions for the purpose of boat/motor testing as set forth under subsection 68C-22.003(7), F.A.C.

(4) It is provided that any motorboat operator who has reason to believe that a manatee may be present within 200 feet shall operate his or her vessel at no greater than Idle Speed.

(5) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), F.A.C., the following conditions, and procedures for exemption application, shall aly:

(a) Exemptions shall apply to zones described under subparagraphs (1)(a)1., 2., 3., 4., 6., 7., 8., 9., and 10., above, except as conditioned hereunder. From November 15 through March 31, exemptions shall be considered within the zones described under subparagraph (1)(a)3., (within those waters lying outside the marked channel of the Atlantic Intracoastal Waterway) only for the purpose of setting nets.

(b) A recipient of such an exemption must maintain speeds of less than 20 mph at all times within the restricted area, and comply with any and all conditions specified within the notice of exemption, as well as under the provisions of this rule.

(c) Exemptions granted will not apply on weekends or state-recognized holidays (except during the period from November 15 through March 31, when exemptions may apply on state-recognized holidays).

(d) Any commercial fishermen or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for said exemption, one of which shall be required for each vessel so operated, by completing the application form specified. Applications for exemption in accordance with the provisions of this rule may be obtained from the Fish and Wildlife Conservation Commission, Division of Law Enforcement office, 13000 Marcinski Road, Jupiter, FL 33477 (telephone (561)624-6935).

(6) Regulations restricting motorboat speed and operation, as set forth herein, are not intended to supersede any existing regulations duly established by federal, state, or local authority which are more restrictive in nature. Permitted markers as posted are presumptive evidence of zone boundaries, as intended.

(7) The zones described in subsection 68C-22.024(1), F.A.C., herein are depicted on the following maps, labeled “Martin County Manatee Protection Zones, Map A through Map D” and dated November 1990: (Maps provided herewith are intended as depictions of the above described zones. In the event of conflict between the two, the above descriptions shall prevail.)

History

Rulemaking Authority 370.12(2)(f), (g), (n) FS. Law Implemented 370.12(2)(f), (g), (n) FS. History–New 12-24-90, Formerly 16N-22.024, 62N-22.024.

Fla. Admin. Code R. 68C-22.025 Dade County Zones

(1) For the purpose of regulating the speed and operation of motorboats within Dade County, the following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, unless otherwise designated or excluded: (Provisions setting forth procedures for resident access to “No Entry” and “Motorboats Prohibited” Zones are given under subsection 68C-22.003, F.A.C.)

(a) Slow Speed Zone (Year-round) –

Dumfoundling Bay Area – All waters of Dumfoundling Bay and all those waters northerly of Dumfoundling Bay through which the Intracoastal Waterway passes, including the main marked channel of the Intracoastal Waterway, southerly of the Dade/Broward County line easterly of a line across the entrance of the canal to Maule Lake which bears North 90° 00' 00" East (True) from a point on the southerly shoreline of said canal (approximate latitude 25° 56' 17" North, approximate longitude 80° 08' 02" West) and northerly of the southerly shoreline of Dumfoundling Bay (approximate latitude 25° 56' 15" North), and including all canals and waterways connecting thereto, except as otherwise designated under paragraph (1)(b);
Maule Lake Area – All waters of Maule Lake northerly of a line which bears North 90° 00' 00" East (True) from a point at the intersection of the southern shoreline of Royal Glades Canal with the western shoreline of Oleta River (approximate latitude 25° 55' 43" North, approximate longitude 80° 09' 02" West), easterly of Salinity Control Structure S-29 in the Royal Glades Canal and easterly of the centerline of the Biscayne Boulevard (US Highway 1) Bridge over the Oleta River, southerly of a line across the entrance to Little Lake Maule which bears North 90° 00' 00" East (True) from the southernmost tip of land on the west side of the entrance to Little Lake Maule (approximate latitude 25° 56' 18" North, approximate longitude 80° 08' 27" West), including the canal connecting Maule Lake with Dumfoundling Bay and all of the canals lying westerly of N.E. 35th Avenue;
Biscayne Creek Area – All waters of Biscayne Creek including the main marked channel of the Intracoastal Waterway southerly of the southerly shoreline of Dumfoundling Bay (approximate latitude 25° 56' 15" North), easterly of a line across the mouth of the Oleta River which bears North 07° 00' 00" West (True) from a point on the southerly shoreline of Oleta River (approximate latitude 25°55'43" North, approximate longitude 80° 07 52" West) and northerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Intracoastal Waterway Channel Marker “60” (latitude 25° 55' 20" North, longitude 80° 07' 47" West);
Snake Creek, Royal Glades Canal Area – All waters of Snake Creek and Royal Glades Canal westerly of Salinity Control Structure S-29 in the Royal Glades Canal near the southwest end of Maule Lake and southeasterly of the centerline of the Interstate Highway 95 (State Road 9) Bridge, including all waters of Sky Lake and Little Sky Lake;
Oleta State Park Area – All waters of Biscayne Bay and Indian Creek southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Red Intracoastal Waterway Channel Marker “60” (latitude 25° 55' 20" North, longitude 80° 07' 47" West), easterly of the centerline of the Biscayne Boulevard (US Highway 1) Bridge over L Arch Creek, westerly of the centerline of the Collins Avenue (US Highway A1A) Bridge and northerly of the centerline of the Broad Causeway, 96th Street Bridges, excepting therefrom those portions of the main marked channel of the Intracoastal Waterway lying between Flashing Green Intracoastal Waterway Channel Marker “3” (latitude 25° 55' 10" North, longitude 80° 07' 34" West) and Flashing Green Intracoastal Waterway Channel Marker “5” (latitude 25° 54' 34" North, longitude 80° 07' 31" West) and between Flashing Green Intracoastal Waterway Channel Marker “9” (latitude 25° 53' 59" North, longitude 80° 07' 57" West) and the centerline of the Broad Causeway Bridge;
Broad Causeway to John F. Kennedy (79th Street) Causeway Area – Those waters of Biscayne Bay westerly of the western boundary of the main marked channel of the Intracoastal Waterway and those waters of Biscayne Bay and Indian River easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway and easterly of a line 1000 feet westerly of the general contour of the westerly shorelines of Indian Creek Village Island, the unnamed peninsula of land over which Stillwater Drive passes, the northerly shoreline of Biscayne Point, and easterly of the eastern boundary of the marked channel of the Meloy or East Channel, southerly of the centerline of the Broad Causeway, 96th Street Bridges and northerly of the centerline of the John F. Kennedy Causeway, 71st Street Bridges; and those waters of Biscayne Bay easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway, westerly of the westerly boundary of the marked channel of the Meloy or East Channel, northerly of the centerline of the John F. Kennedy Causeway Bridges, and southerly of the following described line: BEGIN at Green Intracoastal Waterway Channel Marker “21” (latitude 25° 51' 32" North, longitude 80° 09' 49" West); thence North 90° 00' 00" East (True) to a line 1,000 feet easterly of and parallel with the seawall on the eastern side of Harbor Island; thence southerly along said parallel line to a line which bears South 90° 00' 00" West (True) from the westernmost point of the southerly shoreline of the Normandy Waterway (approximate latitude 25° 51' 10" North, approximate longitude 80° 08' 48" West); thence easterly along said line to the easterly boundary of the marked channel of the Meloy or East Channel and the TERMINATION of said line, except as otherwise designated under paragraphs (1)(b), (1)(g), and (1)(h);
John F. Kennedy (79th Street) Causeway to Julia Tuttle Causeway Area – All waters of Biscayne Bay, Indian Creek and Surprise Lake exclusive of the main marked channels of the Intracoastal Waterway and the Meloy or East Channel southerly of the centerline of the John F. Kennedy Causeway and 71st Street Bridges and northerly of the centerline of the Julia Tuttle Causeway and Arthur Godfrey Road Bridges; excepting therefrom the waters of Little River westerly of the general contour of the westerly shoreline of Biscayne Bay; and except as otherwise designated under paragraphs (1)(b), (1)(g), and (1)(i);
Julia Tuttle Causeway to Venetian Causeway Area – Those waters of Biscayne Bay westerly of the westerly boundary of the main marked channel of the Intracoastal Waterway and those waters of Biscayne Bay and Sunset Lake easterly of the easterly boundary of the marked channel of the Meloy or East Channel, all southerly of the centerline of the Julia Tuttle Causeway and Arthur Godfrey Road Bridges and northerly of the centerline of the Venetian Causeway Bridges; and that part of Biscayne Bay easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway, westerly of the westerly boundary of the marked channel of the Meloy or East Channel, southerly of the centerline of the Julia Tuttle Causeway Bridges and northerly of the following described line: BEGIN at Flashing Green Intracoastal Waterway Channel Marker “45” (latitude 25° 47' 48" North, longitude 80° 10' 45" West); thence South 78° 00' 00" East (True) to a line which is 2,500 feet perpendicularly distant southeasterly of and parallel with the eastern boundary of the main marked channel of the Intracoastal Waterway; thence northeasterly along said parallel line to a line which is 1,000 feet southerly of and parallel with the southerly shoreline of the island over which the Julia Tuttle Causeway (36th Street) passes; thence easterly along said parallel line 3,500 feet, more or less, to the easternmost line of concrete pilings; thence southerly along the line of the concrete pilings to a line which bears North 90° 00' 00" East (True) running through a piling marking the Meloy or East Channel (approximate latitude 25° 48' 00" North, approximate longitude 80° 09' 01" West); thence east along said line to the westerly boundary of the marked channel of the Meloy or East Channel and the POINT OF TERMINATION; and that part of Biscayne Bay easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway and westerly of the easterly boundary of the marked channel of the Meloy or East Channel, southerly of the following described line: a line 1,000 feet northerly of and parallel with the general contour of the northerly shorelines of Biscayne, San Marco, San Manno, DiLido and Rivo Alto Islands (except that part lying northerly of the southernmost row of concrete pilings approximately 750 feet northerly of DiLido Island) and southerly of a line which bears North 90° 00' 00" East (True) from the northernmost tip of Rivo Alto Island (latitude 25° 47' 38" North) from a point 1,000 feet easterly of the easterly shoreline of Rivo Alto Island to the easterly boundary of the marked channel of the Meloy or East Channel, except as otherwise designated under paragraphs (1)(b), (1)(g), and (1)(h);
Venetian Causeway to MacArthur Causeway Area – All waters of Biscayne Bay, Collins Canal and Indian Creek, including the main marked channel of the Intracoastal Waterway southerly of the centerline of the Venetian Causeway and Arthur Godfrey Road Bridges and northerly of the centerline of the MacArthur Causeway Bridges, except as otherwise designated under paragraphs (1)(g), and (1)(i);
MacArthur Causeway to Miami River Area – Those waters of Biscayne Bay westerly of the westerly boundary of the main marked channel of the Intracoastal Waterway southerly of the centerline of the MacArthur Causeway Bridge and northerly of the northerly boundary of the channel entrance to the Miami River; and those waters of Biscayne Bay easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway, southerly of the extension of the line of the northerly seawall of Dodge Island northwesterly to the easterly boundary of the main marked channel of the Intracoastal Waterway, northerly of a line which bears approximately North 82° 00' 00" East (True) from the northeasternmost tip of Claughton Island to a corner of the seawall on the southerly side of Dodge Island (approximate latitude 25° 46' 18" North, approximate longitude 80° 10' 17" West) and westerly and southwesterly of the following described line: BEGIN at a point on the southwesterly shoreline of Dodge Island (approximate latitude 25° 46' 28" North, approximate longitude 80° 10' 46" West); thence South 27° 00' 00" West (True) a distance of 700 feet; thence South 43° 00' 00" East (True) a distance of 800 feet; thence North 26° 00' 00" East (True) a distance of 600 feet more or less to the southerly boundary of Fisherman’s Channel; thence South 64° 00' 00" East (True) along the southerly boundary of Fisherman’s Channel a distance of 1,200 feet more or less to the aforementioned line running from the northeasternmost tip of Claughton Island to a corner of the seawall on the southerly side of Dodge Island for the POINT OF TERMINATION;
Claughton Island, Point View Area – Those waters of Biscayne Bay southerly of the line of the northerly seawall of Claughton Island extended from Brickell Point on the mainland to the northerly seawall of Claughton Island, northerly of a line being the southeasterly extension of the centerline of S.W. 15th Road and westerly of a line 1,000 feet easterly of the general contour of the westerly shoreline of Biscayne Bay opposite Point View to a point 100 feet easterly of the easterly boundary of the main marked channel of the Intracoastal Waterway at a point which bears south 75° 00' 00'' East (True) from a point on the southernmost tip of Claughton Island (approximate latitude 25° 45' 48'' North, approximate longitude 80° 11' 06'' West);
Point View to Cutler Area – All waters within 1,000 feet of the general contour of the westerly shoreline of Biscayne Bay southerly of a line being the southeasterly extension of the centerline of S.W. 15th Road and northerly of a line which bears North 90° 00' 00" East (True) from the southern edge of Cutler Drain Canal No. C-100 to include all waters within 1,000 feet each way of the centerline of the privately maintained channel northeasterly of Chicken Key to a point 1,000 feet southeasterly of Red Channel Marker “2” (latitude 25° 36' 41" North, longitude 80° 16' 25" West), all waters within 1,000 feet of the shoreline of all islands (natural or artificial) associated with this area, all waters of Cutler Drain Canal No. C-100 easterly of the control gate located approximately 750 feet easterly of Old Cutler Road, all waters of Snapper Creek Canal No. C-2 southeasterly of the floodgate located approximately 500 feet north and 200 feet east of the intersection of Killian Drive and S.W. 57th Avenue and all waters associated with the canal system surrounding Gables Estates, the Park area north of Gables Estates, Isla Dorado, Isla Grande and the canals west, south and east of Isla Marina; excepting therefrom waters of the Coral Gables Waterway;
Black Point to Turkey Point Area – All waters within 1,000 feet of the general contour of the westerly shoreline of Biscayne Bay southerly of a line 1,000 feet northerly of and parallel with the northerly edge of the breakwater on the north side of Black Creek Canal and Goulds Canal Channel including all waters within 1,000 feet of the outer edges of the breakwaters north and south of said Channel to a point 1,000 feet southeasterly of the easternmost end of the breakwater (approximate latitude 25° 31' 39" North, approximate longitude 80° 18' 25" West) and northwesterly of a line which bears North 60° 00' 00" East (True) from the easternmost point of the shoreleline at Turkey Point (approximate latitude 25° 26' 18" North, approximate longitude 80° 19' 03" West) to include all waters within 1000 feet each way of the centerline of the marked channel of “North Canal” to a point 1000 feet easterly of Flashing Red Channel Marker “2” (latitude 25° 27' 46" North, longitude 80° 19' 11" West) and all waters within 1,000 feet of the shoreline of all islands (natural or artificial) associated with this area, all waters of Florida City Canal easterly of a line located 1,000 feet westerly of and parallel with a line which bears North 00° 00' 00" East (True) from the intersection of the westerly shoreline of Biscayne Bay with the southerly shoreline of the Florida City Canal (approximate latitude 25° 26' 52" North, approximate longitude 80° 19' 51" West), Mowry Canal No. C-103 easterly of the gauging station located immediately east of Canal No. L 31 E., Military Canal easterly of the flood gate located immediately east of Canal No. L 31 E., and Princeton Canal No. C-102 easterly of the control gate located approximately 250 feet easterly of Canal No. L 31 E., except as otherwise designated in paragraph (1)(c);
Norris Cut Area – All waters of Norris Cut southwesterly of Fisher and, northeasterly of Virginia Key, easterly of a line which bears approximately South 12° 00' 00" West (True) from a point on the southwestern shoreline of Fisher Island (approximate latitude 25° 45' 44" North, approximate longitude 80° 08' 57" West) to a point on the northwestern shoreline of Virginia Key (approximate latitude 25° 45' 24" North, approximate longitude 80° 09' 02" West) and westerly of a line which bears approximately South 15° 00' 00" West (True) from a point on the southernmost tip of the shoreline of Fisher Island (approximate latitude 25° 45' 19" North, approximate longitude 80° 08' 25" West) to a point on the shoreline of the northernmost tip of a peninsula of Virginia Key (approximate latitude 25° 44' 50" North, approximate longitude 80° 08' 33" West) including all waters of Lamar Lake; and that part of Biscayne Bay within 1,000 feet of the southwesterly and westerly shorelines of Fisher Island and the westerly shoreline extended northerly, westerly of the aforementioned line which bears approximately South 12° 00' 00" West (True) from a point on the southwestern shoreline of Fisher Island and southerly of the southerly boundary of Fisherman’s Channel;
Key Biscayne Area – All waters of Biscayne Bay within 1,000 feet of the southwesterly shoreline of Virginia Key southeasterly of a line which bears South 75° 00' 00" West (True) from the intersection of the centerline of Rickenbacker Causeway with the centerline of the northernmost entrance to the Seaquarium (latitude 25° 44' 09" North, longitude 80° 09' 57" West) and southwesterly of a line 1,000 feet southwesterly of and parallel with the centerline of Bear Cut Bridge; all waters of Bear Cut between the centerline of Bear Cut Bridge and a line 1,000 feet southwesterly of and parallel with the centerline of Bear Cut Bridge; all waters of Biscayne Bay within 1,000 feet of the general contour of the westerly and southerly shoreline of the island of Key Biscayne southwesterly of a line 1,000 feet southwesterly of and parallel with the centerline of Bear Cut Bridge and westerly of a line which bears South 00° 00' 00" West (True) from the Cape Florida Old Lighthouse Tower (latitude 25° 39' 58" North, longitude 80° 09' 22" West); and all waters within 1,000 feet of the shoreline of all islands (natural or artificial) associated with this area;
Biscayne Canal Area – All waters of Biscayne Canal westerly of the general contour of the western shoreline of Biscayne Bay and southeasterly of the southeasterly edge of the Interstate Highway 95 (State Road 9) Bridge and including an unnamed lake and associated waters in Sections 14, 22 and 23, Township 52 South, Range 41 East, southerly of Biscayne Canal, southeasterly of Interstate Highway 95 (State Road 9) and easterly of a line approximately 100 feet westerly of and parallel with the centerline of N.W. 19th Avenue, except as otherwise designated for seasonal regulation;
Tamiami Canal, Blue Lagoon Area – All waters of the Tamiami Canal and Blue Lagoon Lakes southwesterly of the general contour of the southwestern shoreline of the Miami River and easterly of the centerline of Red Road (State Road 959), except as otherwise designated under paragraph (1)(j), hereunder;
Intracoastal Waterway, Green Channel Marker “21” to Claughton Island Area – All waters of Biscayne Bay not otherwise described as a speed restrictive zone easterly of the westerly boundary of the main marked channel of the Intracoastal Waterway and westerly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Intracoastal Waterway southerly of Green Intracoastal Waterway Channel Marker “21” (latitude 25° 51' 32" North, longitude 80° 09' 49" West) and northerly of a line which bears South 75° 00' 00" East (True) from a point on the southernmost tip of Claughton Island (approximate latitude 25° 45' 48" North, approximate longitude 80° 11' 06" West);
Aerojet Canal No. C-111 Area – All waters of the Aerojet Canal No. C-111 northwesterly of the general contour of the northwesterly shoreline of Manatee Bay and southeasterly of a line perpendicular to the canal at a point 300 feet northwesterly of the control gate near the boat ramp in the Southwest 1/4 of Section 16, Township 59 South, Range 39 East (approximate latitude 25° 17' 13" North, approximate longitude 80° 26' 32" West);
Little Lake Maule Area – Those waters of Little Lake Maule easterly of the general contour of the easterly shoreline of the main body of Little Lake Maule (approximate longitude 80° 08' 23" West);
MacArthur Causeway to Rickenbacker Causeway Area – Those waters of Biscayne Bay exclusive of the main marked channel of the Intracoastal Waterway within 1000 feet of the general contour of the northerly shoreline of the islands over which Rickenbacker Causeway passes and within 1000 feet of the centerline of the William M. Powell Bridge, southeasterly of a line 1000 feet southeasterly of and parallel with the general contour of the westerly shoreline of Biscayne Bay, and southwesterly of the northwesterly extension of the general contour of the southerly shoreline of the Marine Stadium, including the boat basin northeasterly of the easterly end of the William M. Powell Bridge; and,
Flagler Memorial Monument Area – Those waters of Biscayne Bay lying within 100 feet of the general contour of the southwesterly, northwesterly and northeasterly shoreline of the Flagler Memorial Monument Island, southwesterly of a line which bears North 52° 00' 00" West (True) running through Red Nun Bouy “2” (latitude 25° 47' 05" North, longitude 80° 09' 01" West), westerly of a line bearing North 90° 00' 00" East (True) running through Red Nun Bouy “2,” northerly of latitude 25° 47' 00" North, and northeasterly of a line which bears North 52° 00' 00" West (True) located 100 feet southwesterly of the southwesternmost tip of the Flagler Memorial Monument Island.

(b) Slow Speed Zone (November 15 through April 30)/MAXIMUM 30 MPH ZONE (Remainder of Year) –

Meloy or East Channel, Surprise Lake to Sunset Islands Area – Those waters of the Marked Channel of the Meloy or East Channel southerly of a line bearing South 75° 00' 00" East (True) running through Red Channel Marker “16” (latitude 25° 49' 10" North, longitude 80° 08' 24" West) and northerly of a line which bears North 90° 00' 00" East (True) running through Red Channel Marker “22” (latitude 25° 48' 24" North, longitude 80° 08' 56" West);
Dumfoundling Bay Area – Those waters within the main marked channel of the Intracoastal Waterway, southerly of the northerly boundary of the main marked channel leading westerly from the Intracoastal Waterway (approximate latitude 25° 56' 58" North, approximate longitude 80° 07' 37" West) and northerly of a line which bears South 57° 00' 00" East (True) running through Flashing Red Intracoastal Waterway Channel Marker “52” (latitude 25° 56' 26" North, longitude 80° 07' 52" West);
Broad Causeway to John F. Kennedy Causeway Area – Those waters within the main marked channel of the Intracoastal Waterway, southerly of a line which bears South 55° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “21” (latitude 25° 51' 32" North, longitude 80° 09' 49" West), and northerly of a line which bears South 86° 00' 00" East (True) running through Red Privately Maintained Channel Marker “2” (latitude 25° 51' 00" North, longitude 80° 10' 17" West); and,
John F. Kennedy Causeway to Venetian Causeway Area – Those waters within the main marked channel of the Intracoastal Waterway, southerly of a line which bears South 86° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “31” (latitude 25° 49' 57" North, longitude 80° 10' 18" West), and northerly of a line 100 feet northerly of and parallel with the centerline of the Venetian Causeway Bridge.

Little Lake Maule Area – All waters of Little Lake Maule northerly of a line across the entrance to Little Lake Maule which bears North 90° 00' 00" East (True) from the southernmost tip of land on the west side of the entrance to Little Lake Maule (approximate latitude 25° 56' 18" North, approximate longitude 80° 08' 27" West) and westerly of the general contour of the easterly shoreline of the main body of Little Lake Maule (approximate longitude 80° 08' 23" West);
Oleta River Northwesterly of Maule Lake Area – Those waters of Oleta River northwesterly of the centerline of the Biscayne Boulevard (US Highway 1) Bridge;
Little River Area – Those waters of Little River north and south of Belle Meade Island westerly of the general contour of the westerly shoreline of Biscayne Bay and southerly of Salinity Control Structure S-27, except as otherwise designated for seasonal regulation;
Miami River Area – Those waters of Biscayne Bay southerly of the northerly shoreline of the Miami River and the northerly boundary of the Miami River Channel, northerly of the northerly seawall of Claughton Island and said line extended from Brickell Point on the mainland to the northerly seawall of Claughton Island, and westerly of the western boundary of the main marked channel of the Intracoastal Waterway; and all waters of the Miami River southeasterly of the centerline of State Road 953 (S.E. 8th Avenue, N.W. 42nd Avenue) including all waters of Palmer Lake, the South Fork of the Miami River easterly of N.W. 37th Avenue (Douglas Road) and Seybold Canal, excluding waters of the Tamiami Canal;
Coral Gables Canal Area – Those waters of the Coral Gables Waterway westerly of the general contour of the westerly shoreline of Biscayne Bay and northerly of the general contour of the northerly shoreline of Isla Marina, and those waters of the Coral Gables Canal easterly of the centerline of the Alhambra Circle Bridge including that canal northeasterly of the Coral Gables Canal northerly of Avenue Vilabella and westerly of Riviera Drive, that portion of the canal loop westerly of the Coral Gables Canal, northerly of Alhambra Circle, southerly of the Elevated Bridge, and that portion of the canal loop running through the University of Miami Campus and adjacent to the Biltmore Golf Course, northerly of the centerline of the Pisano Avenue Bridge, except as otherwise designated for seasonal regulation;
Black Creek Canal Area – Those waters of the Black Creek Canal and the Black Point Marina Basin southerly of a line bearing North 60° 00' 00" East (True) located 50 feet southeasterly of the southernmost tip of the shoreline of the peninsula northeast of the entrance to the Black Point Marina Basin (approximate latitude 25° 32' 23" North); those waters of the Goulds Canal easterly of the southerly extension of the centerline of S.W. 87th Avenue; and those waters of Biscayne Bay within the channel representing the extension of the Black Creek and Goulds Canals to a point opposite the easterly end of the breakwater on the northerly side of said channel (approximate latitude 25° 31' 39" North, approximate longitude 80° 18' 25" West);
Oleta River Area – All waters of the Oleta River southerly of a line which bears North 90° 00' 00" East (True) from a point at the intersection of the southern shoreline of Royal Glades Canal with the western shoreline of Oleta River (approximate latitude 25° 55' 43" North, approximate longitude 80° 09' 02" West) and westerly of a line across the mouth of the Oleta River at Biscayne Creek which bears North 07° 00' 00" West (True) from a point on the southerly shoreline of Oleta River (approximate latitude 25° 55' 43" North, approximate longitude 80° 07' 52" West); and,
Convoy Point Area – Those waters of North Canal and the channel of North Canal, westerly of the easterly shoreline of the waterway leading into Convoy Point, and easterly of the centerline of the North Cal Drive Bridge to include the waterways of Convoy Point and the boat basins of Homestead Bayfront County Park.

(d) Motorboats Prohibited Zone (Year-round) – Fisher Island Area: Those waters of the Atlantic Ocean within 400 feet of the general contour of the southeasterly shoreline of Fisher Island southerly of the breakwater on the southerly side of Government Cut and northerly of a line which bears South 50° 00' 00" East (True) from a point on the southernmost tip of the shoreline of Fisher Island (approximate latitude 25° 45' 19" North, approximate longitude 80° 08' 25" West).

(e) No Entry Zone (Year-round) –

Virginia Key Area – Those waters of Biscayne Bay westerly of the westerly shoreline of Virginia Key, northerly of the northerly shoreline of the peninsula of land on the northerly side of the Marine Stadium, southeasterly of a line bearing North 33° 00' 00" East (True) from the northwesternmost tip of the shoreline of said peninsula (approximate latitude 25° 45' 03" North, approximate longitude 80° 10' 23" West) and southerly of a line bearing North 56° 00' 00" West (True) from a point on the northwestern shoreline of Virginia Key (approximate latitude 25° 45' 24" North, approximate longitude 80° 09' 02" West); and,
Black Creek Canal Area – Those waters of the Black Creek Canal and the Black Point Marina Basin southerly of Salinity Control Structure S-21 and northerly of a line bearing North 60° 00' 00" East (True) located 50 feet southeasterly of the southernmost tip of the shoreline of the peninsula northeast of the entrance to the Black Point Marina Basin (approximate latitude 25° 32' 23" North).

(f) No Entry Zone (November 15 through April 30) –

Biscayne Canal Area – Those waters of the Biscayne Canal southeasterly of Salinity Control Structure S-28 and westerly of the southerly extension of the easterly shoreline of the small basin northerly of and associated with the Biscayne Canal near N.E. 10th Court, including all waters within said basin;
Little River Area – Those waters of Little River westerly of the centerline of the Biscayne Boulevard (U.S. Highway 1) Bridge and southerly of Salinity Control Structure S-27; and,
Coral Gables Canal Area – Those waters of the Coral Gables Canal northwesterly of the centerline of the Elevated Bridge northwesterly of and parallel with US Highway 1 and southerly of the centerline of the Bird Road (S.W. 40th Street) Bridge including that part of the canal loop and associated portions of this water system westerly of the Coral Gables Canal adjacent to the Biltmore Golf Course northerly of the centerline of the Pisano Avenue Bridge, that canal northeasterly of the Coral Gables Canal northerly of Avenue Vilabella and westerly of Riviera Drive, and that part of the canal loop and associated portions of this water system westerly of the Coral Gables Canal northeasterly of Alhambra Circle, southerly of US Highway 1 and northwesterly of the northerly extension of the centerline of Trionto Street.

(g) Maximum 30 MPH Zone –

Oleta State Park Area – Those waters within the main marked channel of the Intracoastal Waterway lying between Flashing Green Intracoastal Waterway Channel Marker “3” (latitude 25° 55' 10" North, longitude 80° 07' 34" West) and Flashing Green Intracoastal Waterway Channel Marker “5” (latitude 25° 54' 34" North, longitude 80° 07' 31" West) and between Flashing Green Intracoastal Waterway Channel Marker “9” (latitude 25° 53' 59" North, longitude 80° 07' 57" West) and a line bearing South 55° 00' 00" East (True) located 300 feet South 35° 00' 00" West (True) of the centerline of the Broad Causeway Bridge as me measured along the centerline of the Intracoastal Waterway;
John F. Kennedy Causeway to Julia Tuttle/Venetian Causeway Area – Those waters within the marked channel of the Meloy or East Channel southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the southerly shoreline of the Normandy Waterway (approximate latitude 25° 51' 10" North, approximate longitude 80° 08' 48" West) and northerly of a line which bears North 90° 00' 00" East (True) running through a piling marking the Meloy or East Channel (approximate latitude 25° 48' 00" North, approximate longitude 80° 09' 01" West), except as otherwise designated for seasonal regulation under paragraph (1)(b); and,
Venetian Causeway to MacArthur Causeway Area – Those waters within the channel commonly known as the Meloy or East Channel (to be marked upon zone establishment) generally southerly of marker R “30” and a line which bears North 90° 00' 00" East (True) from the northernmost tip of Rivo Alto Island (latitude 25° 47' 38" North), such channel passing through the opening of the Venetian Causeway bascule bridge, and northerly of the centerline of the easternmost span of the MacArthur Causeway Bridge.

(h) Slow Speed Zone (November 15 through April 30)/Maximum 35 MPH Zone (Remainder of Year) –

Broad Causeway to John F. Kennedy Causeway Area – Those waters of Biscayne Bay, easterly of the easterly boundary of the marked channel of the Meloy or East Channel and the northerly extension of said channel near Flashing Red Channel Marker “2” (latitude 25° 52' 08" North, longitude 80° 08' 41" West), southerly of a line which bears North 90° 00' 00" East (True) located 200 feet southerly of the southernmost tip of Indian Creek Village Island, westerly of a line which bears North 00° 00' 00" East (True) located 200 feet westerly of the westerly tip of the unnamed peninsula of land over which Stillwater Drive passes, southerly of a line 200 feet southerly of and parallel with the general contour of the southerly shoreline of said unnamed peninsula, northwesterly and northerly of a line 200 feet northwesterly and northerly of the general contour of the northerly shoreline of that island over which Cleveland Road passes, and northerly of said line extended westerly to the easterly boundary of the marked channel of the Meloy or East Channel; and,
Julia Tuttle Causeway to Venetian Causeway Area – Those waters of Biscayne Bay, easterly of the easterly boundary of the marked channel of the Meloy or East Channel, southerly of a line 200 feet southerly of and parallel with the general contour of the southerly shoreline of the island over which the Julia Tuttle Causeway passes, northwesterly of a line 200 feet northwesterly of and parallel with the general contour of the shoreline of Miami Beach Island in the vicinity of North Bay Road, and northerly of a line which bears North 90° 00' 00" East (True) located 200 feet northerly of the northernmost tip of the northernmost island of the Sunset Islands.

(i) Maximum 35 MPH Zone (Year-round) –

John F. Kennedy (79th Street) Causeway to Julia Tuttle Causeway Area – Those waters of Biscayne Bay, easterly of the easterly boundary of the marked channel of the Meloy or East Channel, southerly of a line which bears South 60° 00' 00" West (True) running through Flashing Green Channel Marker “11” (latitude 25° 50' 49" North, longitude 80° 07' 59" West), northerly of a line which bears North 90° 00' 00" East (True) located 1300 feet South 00° 00' 00" West (True) of Red Channel Marker “12B” (latitude 25° 49' 57" North, longitude 80° 08' 04" West), southwesterly of a line 200 feet southwesterly of and parallel with the general contour of the southwesterly shoreline of La Gorce Island, westerly of a line which bears South 00° 00' 00" West (True) at longitude 80° 07' 55" West between La Gorce Island and the island on which the La Gorce Golf Course lies, and westerly of a line 200 feet westerly of and parallel with the general contour of the westerly shoreline of the island on which the La Gorce Golf Course lies; and,
Venetian Causeway to MacArthur Causeway Area – Those waters of Biscayne Bay, westerly of the westerly boundary of the channel (to be marked upon zone establishment) commonly known as the Meloy or East Channel, northerly of a line which bears North 90° 00' 00" East (True) located 200 feet northerly of the northernmost tip of Star Island, northeasterly of a line which is 200 feet northeasterly of and parallel with the general contour of the northeasterly shoreline of Hibiscus Island, southeasterly of a line which bears South 25° 00' 00" West running through the southernmost tip of Di Lido Island (approximate latitude 25° 47' 18" North, approximate longitude 80° 09' 32" West), southerly of a line which bears North 90° 00' 00" East (True) located 200 feet southerly of the southernmost tip of Rivo Alto Island, southerly of a line which bears North 90° 00' 00" East (True) easterly of Rivo Alto Island located 300 feet northerly of the southernmost tip of Rivo Alto Island, and southeasterly of a line 200 feet southeasterly of and parallel with the general contour of the southeasterly shorelines of Di Lido and Rivo Alto Islands, excepting therefrom the Flagler Memorial Monument Area designated under paragraph (1)(a).

(j) Maximum 35 MPH Zone (Transitional) – The waters herein described shall be designated a 35 MPH zone for explicit use by personal watercraft for a period of one year from the effective date of this rule. After said one-year period, the below described area shall revert to designation as Slow Speed, year-round. Blue Lagoon Lakes Area: That portion of the northerly body of Blue Lagoon Lake, westerly of a line which bears North 00° 00' 00" East (True) running through the easternmost tip of a peninsula (approximate latitude 25° 46' 54" North, approximate longitude 80° 16' 37'' West) LESS that portion of the northerly 200 feet of the lake easterly of a line 200 feet easterly of and parallel with the general contour of the westerly shoreline of the lake.

(2) The zones described in subection 68C-22.025(1), F.A.C., herein are depicted on the following maps, labeled “Dade County Manatee Protection Zones, Maps 1-9,” inclusive of insets and associated maps, dated October 1991 for identification: (Maps provided are intended as depictions of the above-described zones. In the event of conflict between the two, the above descriptions shall prevail. The October 1991 maps shall become effective for purposes of this rule concurrent with its effective date.)

History

Rulemaking Authority 370.12(2)(f), (g), (n) FS. Law Implemented 370.12(2)(f), (g), (n) FS. History–New 12-25-91, Formerly 16N-22.025, 62N-22.025.

Fla. Admin. Code R. 68C-22.026 Sarasota County Zones

(1) The Commission hereby designates the waters within Sarasota County (and a small portion of Charlotte County), as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by establishing safe havens and regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat.

(a) In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs. Access to the NO ENTRY zones designated hereunder will be provided in accordance with the procedures set forth in Rule 68C-22.003, F.A.C.

(b) All zones include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, and other waterways unless otherwise designated or excluded. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83).

(2) The following year-round zones are established within the coastal waters of Sarasota County:

(a) Slow Speed.

Buttonwood Harbor, Cranes Bayou Area: All waters of Buttonwood Harbor and Cranes Bayou; and, all waters of Sarasota Bay, north of Buttonwood Harbor, east of Longboat Key, south of the Manatee County line, and west of a line that bears 6° from the westernmost point of Buttonwood Point (approximate latitude 27° 23' 10" North, approximate longitude 82° 37' 47" West);
Whitaker Bayou Area: All waters of Whitaker Bayou south of the centerline of the 27th Street Bridge; and, those waters of Sarasota Bay within 300 feet of the eastern shoreline of Sarasota Bay, south of a line that bears 270° from a point at the intersection of the northern shoreline of Whitaker Bayou with the eastern shoreline of Sarasota Bay (approximate latitude 27° 21' 12" North, approximate longitude 82° 33' 08" West), and north of the westerly extension of the seawall forming the northern shore of the entrance to the Hyatt Boat Basin;
New Pass: All waters of New Pass and Sarasota Bay, south and west of a line that begins at the northeasternmost tip of Quick Point on Longboat Key (approximate latitude 27° 20' 20" North, approximate longitude 82° 34' 55" West) and bears 345° for a distance of approximately 400 feet to Point No. 1 in Sarasota Bay (latitude 27° 20' 24" North, longitude 82° 34' 56" West) then bears 87° for a distance of approximately 2,285 feet to Point No. 2 in Sarasota Bay (latitude 27° 20' 25" North, longitude 82° 34' 31" West) then bears 128° for a distance of approximately 1,130 feet to Point No. 3 in Sarasota Bay (latitude 27° 20' 18" North, longitude 82° 34' 21" West) roughly 600 feet east of Lighted Green Channel Marker “13” (latitude 27° 20' 18" North, longitude 82° 34' 28" West), north of Lido Key, City Island, and a line running from the northernmost point of City Island to the aforementioned Point No. 3, and northeast of a line that bears 320° through Green Day Marker “9” (approximate latitude 27° 19' 53" North, approximate longitude 82° 35' 04" West);
City Island Lagoon Area: All waters of Sarasota Bay, including the City Island Lagoon area, southwest of a line that bears 125° from a point in Sarasota Bay (latitude 27° 20' 18" North, longitude 82° 34' 21" West) to the northernmost point of Bird Key (approximate latitude 27° 19' 45" North, approximate longitude 82° 33' 31" West), northwest of Bird Key and Coon Key and the centerline of the John Ringling Boulevard Bridges (connecting Bird Key to Coon Key and Coon Key to St. Armands Key), northeast of St. Armands Key and the shoreline of City Island adjacent to John Ringling Parkway running northwest from St. Armands Key and the centerline of the John Ringling Parkway Bridge connecting St. Armands Key to City Island, and southeast of Lido Key, City Island, and a line running from the northernmost point of City Island to the aforementioned point in Sarasota Bay;
Lido Key Area: All waters of Sarasota Bay south of Coon Key and St. Armands Key and the centerline of the John Ringling Boulevard Bridges (connecting Bird Key to Coon Key, Coon Key to St. Armands Key, and St. Armands Key to Lido Key), east of Lido Key, west of Bird Key and the centerlines of the Bird Key Drive Bridges and the Wild Turkey Lane Bridge, and northwest of a line that bears 218° from the southernmost point of Bird Key (approximate latitude 27° 18' 36" North, approximate longitude 82° 33' 36" West) to a point on the eastern shoreline of Lido Key (approximate latitude 27° 18' 17" North, approximate longitude 82° 33' 53" West), except as otherwise designated under paragraph (2)(e);
Bird Key Area: All waters of the basin on the northeast side of Bird Key east of the centerline of the northern Bird Key Drive Bridge; and, those waters of Sarasota Bay west of a line that begins at a point on the eastern shoreline of Bird Key (approximate latitude 27° 19' 16" North, approximate longitude 82° 33' 21" West) roughly 850 feet southeast of the northernmost point of land containing Meadow Lark Drive, then bears 19° for a distance of approximately 350 feet to Point No. 1 in Sarasota Bay (latitude 27° 19' 19" North, longitude 82° 33' 19" West) then bears 344° for a distance of approximately 1,150 feet to Point No. 2 in Sarasota Bay (latitude 27° 19' 30" North, longitude 82° 33' 23" West) then bears 315° for a distance of approximately 1080 feet to the line’s terminus at a point on the northeast shoreline of Bird Key (approximate latitude 27° 19' 38" North, approximate longitude 82° 33' 31" West);
Hudson Bayou Area: All waters of Hudson Bayou to its headwaters and that part of Sarasota Bay within 300 feet of the general contour of the eastern shoreline of Sarasota Bay, south of a line that bears 270° from a point at the intersection of the northern shoreline of Hudson Bayou with the eastern shoreline of Sarasota Bay (approximate latitude 27° 19' 29" North, approximate longitude 82° 32' 28" West), and north of a line that bears 270° from a point on the southwestern shoreline of the peninsula that contains Vista Drive (approximate latitude 27° 18' 59" North, approximate longitude 82° 32' 43" West);
Roberts Bay Area (north): All waters of Roberts Bay south of the centerline of the Siesta Drive Bridge (State Road 789) (connecting Bay Island with the mainland) and north of a line located 775 feet south of and parallel with a line that bears 78° running through Green Intracoastal Waterway Channel Marker “75” (approximate latitude 27° 16' 46" North, approximate longitude 82° 32' 41" West), including all waters of Hansen Bayou south of the general contour of the northern shoreline of Siesta Key, South Coconut Bayou, Coconut Bayou, and all waters associated with the Grand Canal waterway system throughout Siesta Key, except as otherwise designated under paragraphs (2)(d) and (2)(e);
Little Sarasota Bay, Phillippi Creek Area: All waters of Little Sarasota Bay south of a line located 775 feet south of and parallel with a line that bears 78° running through Flashing Green Intracoastal Waterway Channel Marker “75” (approximate latitude 27° 16' 46" North, approximate longitude 82° 32' 41" West), and north of a line located 250 feet south of and parallel with a line that bears 50° running through Green Intracoastal Waterway Channel Marker “61” (approximate latitude 27° 15' 07" North, approximate longitude 82° 31' 48" West); and, all waters of Phillippi Creek southwest of the dam located northeast of the Tuttle Avenue Bridge;
Little Sarasota Bay Area: All waters of Little Sarasota Bay, including all waters of Blind Pass Lagoon, Midnight Pass Lagoon, North Creek and Catfish Creek to the headwaters of said creeks, south of a line located 250 feet south of and parallel with a line that bears 50° running through Green Intracoastal Waterway Channel Marker “61” (approximate latitude 27° 15' 07" North, approximate longitude 82° 31' 48" West), and north of the centerline of the Blackburn Point Bridge (County Road 789), except as otherwise designated under paragraph (2)(e);
Little Sarasota Bay, Dryman Bay and South Creek Area: All waters of Little Sarasota Bay, Dryman Bay, and Blackburn Bay south of the centerline of the Blackburn Point Bridge and north of a line that bears 90° running through Green Intracoastal Waterway Channel Marker “23” (approximate latitude 27° 09' 38" North, approximate longitude 82° 29' 03" West); and, all waters of South Creek to the dam in Oscar Scherer State Park;
Blackburn Bay Area: All waters of Blackburn Bay south of a line that bears 90° running through Green Intracoastal Waterway Channel Marker “23” (approximate latitude 27° 09' 38" North, approximate longitude 82° 29' 03" West), and north of a line that bears 90° running through Green Intracoastal Waterway Channel Marker “13” (approximate latitude 27° 07' 53" North, approximate longitude 82° 28' 13" West), except as otherwise designated under paragraph (2)(e);
Blackburn Bay, Lyons Bay, Dona Bay, Shakett Creek and Venice Inlet Area: All waters of Blackburn Bay, Lyons Bay, Dona Bay, and Venice Inlet, south of a line that bears 90° running through Green Intracoastal Waterway Channel Marker “13” (approximate latitude 27° 07' 53" North, approximate longitude 82° 28' 13" West), north of a line that bears approximately 68° running through Red Intracoastal Waterway Channel Marker “16” (approximate latitude 27° 06' 47" North, approximate longitude 82° 27' 37" West) to the northernmost tip of land of the Enchanted Island Subdivision containing Anchorage Drive (approximate latitude 27° 06' 51" North, approximate longitude 82° 27' 26" West), and, east of a line that bears 170° running through Green Venice Inlet Day Beacon “3” (approximate latitude 27° 06' 48" North, approximate longitude 82° 28' 02" West); and all waters of Shakett Creek south of the control structure southwest of Interstate Highway 75, including all waters of Fox Creek and Salt Creek to the headwaters of said creeks;
Roberts Bay (south) Area: Those waters of Roberts Bay, as follows, except as otherwise designated under paragraph (2)(e):

a. Those waters of Roberts Bay south of a line that bears approximately 68° running through Red Intracoastal Waterway Channel Marker “16” (approximate latitude 27° 06' 47" North, approximate longitude 82° 27' 37" West) to the northernmost tip of land of the Enchanted Island Subdivision containing Anchorage Drive (approximate latitude 27° 06' 51" North, approximate longitude 82° 27' 26" West), and, and west of a line that bears 360° running through Red Intracoastal Waterway Channel Marker “12” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 19" West); and,

b. Those waters of Roberts Bay east of a line that bears 360° running through Red Intracoastal Waterway Channel Marker “12” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 19" West), northwest of a line that bears 60° running through Red Intracoastal Waterway Channel Marker “8” (approximate latitude 27° 06' 26" North, approximate longitude 82° 26' 54" West), south of the northern boundary of the main marked channel of the Intracoastal Waterway between Red Intracoastal Waterway Channel Marker “12” and Red Intracoastal Waterway Channel Marker “10” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 00" West), and south of a line that bears 60° from Red Intracoastal Waterway Channel Marker “10” to the eastern shoreline of Roberts Bay;

Roberts Bay (South), Curry Creek and Blackburn Canal Area: Those waters of Roberts Bay within 100 feet of the general contour of the eastern shoreline of Roberts Bay west of US Highway 41, north of a line that bears 60° from Red Intracoastal Waterway Channel Marker “10” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 00" West) to the eastern shoreline of Roberts Bay, and east of a line that bears 180° from a point on the northern shoreline of Roberts Bay (approximate latitude 27° 06' 49" North, approximate longitude 82° 27' 01" West); and, all waters of Curry Creek from Roberts Bay to the Myakka River, and all waters of Blackburn Canal to its headwaters;
Hatchett Creek: All waters of Hatchett Creek west of the centerline of U.S. Highway 41 (Venice By-Pass), south of a line that bears 60° running through Red Intracoastal Waterway Channel Marker “8” (approximate latitude 27° 06' 26" North, approximate longitude 82° 26' 54" West), and north of a line that bears 25° located 400 feet southeast of the centerline of the US 41 (Business) Bridge, as measured along the centerline of the Intracoastal Waterway;
Country Club Estates Area: All waters of the boat basin serving the Country Club Estates mobile home park, southwest of the general contour of the southwestern shoreline of the Venice Airport Canal; and,
Alligator Creek, Lemon Bay Area: All waters of Alligator Creek southwest of the centerline of the US Highway 41 Bridge; and, all waters of Lemon Bay southeast of a line that bears 50° running through Red Intracoastal Waterway Channel Marker “52” (approximate latitude 27° 02' 46" North, approximate longitude 82° 25' 59" West), and north of the Sarasota/Charlotte County line, except as otherwise designated under paragraphs (2)(b) and (2)(e).

(b) Idle Speed.

Hyatt Boat Basin: All waters of the Hyatt Boat Basin and that portion of Sarasota Bay east of a line that bears 180° from a point in Sarasota Bay (approximate latitude 27° 20' 19" North, approximate longitude 82° 33' 07" West) 300 feet west of the corner of the seawall at the southwest corner of the Hyatt site (approximate latitude 27° 20' 19" North, approximate longitude 82° 33' 03" West), and south of a line that bears 90° from the aforementioned point in Sarasota Bay to the corner of the seawall at the southwest corner of the Hyatt site; and
Forked Creek Area: All waters of Forked Creek east of its confluence with Lemon Bay; and, all waters of Waterford Canal, Windsor Canal, Greenlawn Channel, Fairview Channel, and North Branch.

(c) No Entry – Pansy Bayou: All waters of that body of water commonly known as Pansy Bayou (being that body of water north and west of St. Armands Key), west of the centerline of the northbound lane of John Ringling Parkway, and north of the centerline of the westbound lane of John Ringling Boulevard.

(d) Maximum 35 MPH.

Roberts Bay (north) Area: Those waters of Roberts Bay surrounding the spoil island commonly referred to as “Skiers Island” located approximately 700 feet west of the Intracoastal Waterway near Green Intracoastal Waterway Channel Marker “79” (approximate latitude 27° 17' 18" North, approximate longitude 82° 32' 47" West), bounded on the north by a line that bears 90° located 300 feet north of the northernmost tip of the shoreline of the spoil island, bounded on the south by a line that bears 90° located 300 feet south of the southernmost tip of the shoreline of the spoil island, bounded on the west by a line 300 feet west of and parallel with the general contour of the western shoreline of the spoil island, and bounded on the east by the western boundary of the main marked channel of the Intracoastal Waterway; and,
Roberts Bay (south) Area: Those waters of Roberts Bay, east of a line that bears 360° running through Red Intracoastal Waterway Channel Marker “12” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 19" West), north of the northern boundary of the main marked channel of the Intracoastal Waterway between Red Intracoastal Waterway Channel Marker “12” and Red Intracoastal Waterway Channel Marker “10” (approximate latitude 27° 06' 34" North, approximate longitude 82° 27' 00" West) and a line that bears 60° from Red Intracoastal Waterway Channel Marker “10” to the eastern shoreline of Roberts Bay, and west of US Highway 41, excluding those waters within 100 feet of the shoreline as designated under subparagraph (2)(a)15.

(e) Maximum 25 MPH.

Lido Key Area: All waters of the unnamed main marked channel south of the centerline of the John Ringling Boulevard Bridge connecting Bird Key to Coon Key, and north of a line that bears 218° from the southernmost point of Bird Key (approximate latitude 27° 18' 36" North, approximate longitude 82° 33' 36" West) to a point on the eastern shoreline of Lido Key (approximate latitude 27° 18' 17" North, approximate longitude 82° 33' 53" West);
Roberts Bay (north): All waters of the main marked channel of the Intracoastal Waterway south of a line that bears 90° from the southernmost point of Big Edward’s Island (approximate latitude 27° 17' 436" North, approximate longitude 82° 32' 48" West), and north of a line that bears 78° running through Green Intracoastal Waterway Channel Marker “75” (approximate latitude 27° 16' 46" North, approximate longitude 82° 32' 41" West);
Little Sarasota Bay Area: All waters of the main marked channel of the Intracoastal Waterway south of a line located 250 feet south of and parallel with a line that bears 50° running through Green Intracoastal Waterway Channel Marker “61” (approximate latitude 27° 15' 07" North, approximate longitude 82° 31' 48" West), and north of the centerline of the Blackburn Point Bridge (County Road 789);
Blackburn Bay Area: All waters of the main marked channel of the Intracoastal Waterway south of a line that bears 90° running through Green Intracoastal Waterway Channel Marker “23” (approximate latitude 27° 09' 38" North, approximate longitude 82° 29' 03” West), and north of a line that bears 78° running through Green Intracoastal Waterway Channel Marker “15” (approximate latitude 27° 08' 25" North, approximate longitude 82° 28' 16" West);
Roberts Bay (south) Area: All waters of the main marked channel of the Intracoastal Waterway south of a line that bears approximately 68° running through Red Intracoastal Waterway Channel Marker “16” (approximate latitude 27° 06' 47" North, approximate longitude 82° 27' 37" West) and northwest of a line that bears 60° running through Red Intracoastal Waterway Channel Marker “8” (approximate latitude 27° 06' 26" North, approximate longitude 82° 26' 54" West);
Venice Airport Canal: All waters of the Venice Airport Canal, south of a line that bears 25° located 400 feet southeast of the centerline of the U.S. 41 (Business) Bridge, as measured along the centerline of the Intracoastal Waterway, and northwest of a line that bears 50° running through Red Intracoastal Waterway Channel Marker “52” (approximate latitude 27° 02' 46" North, approximate longitude 82° 25' 59" West), except those waters northwest of the canal associated with Red Lake;
North Lemon Bay Area: All waters of the main marked channel of the Intracoastal Waterway southeast of a line that bears 50° running through Red Intracoastal Waterway Channel Marker “52” (approximate latitude 27° 02' 46" North, approximate longitude 82° 25' 59" West), and north of the centerline of the Manasota Beach Bridge (County Road 774);
Central Lemon Bay Area: All waters of the main marked channel of the Intracoastal Waterway south of a line 1000 feet south of and parallel with the centerline of the Manasota Beach Bridge (County Road 774) and north of a line 1400 feet south of and parallel with a line that bears 57° running through Green Intracoastal Waterway Channel Marker “39” (approximate latitude 26° 59' 52" North, approximate longitude 82° 24' 07" West); and,
South Lemon Bay Area: All waters of the main marked channel of the Intracoastal Waterway south of a line 1100 feet north of and parallel with a line that bears 53° running through Green Intracoastal Waterway Channel Marker “37” (approximate latitude 26° 59' 10" North, approximate longitude 82° 23' 36" West, and north of the Sarasota County/Charlotte County line.

(3) The following year-round and seasonal zones are established within the Myakka River-Big Slough area of Sarasota County and associated waters of Charlotte County:

(a) Slow Speed.

Myakka River Area: All waters of the Myakka River northwest of the Sarasota County/Charlotte County line and southwest of the western line of Myakka River State Park (said line being the westerly line of Section 7, Township 38 South, Range 20 East), including all associated waters in and around the Warm Mineral Springs development, and Deer Prairie Creek to its headwaters, excluding the section of Salt Creek and Warm Mineral Springs upstream (northeast) of the weir (approximate latitude 27° 03' 17" North, approximate longitude 82° 15' 52" West) located approximately 2300 feet downstream (southwest) of the headwaters of Warm Mineral Springs and also excluding the area otherwise designated for seasonal regulation under paragraph (3)(b) when said seasonal zone is in effect; and,
Big Slough Area: Those waters of Big Slough and associated waterways northeast of the Myakka River and southwest of the dam north of US Highway 41.

(b) No Entry (November 15 – March 15) – Warm Mineral Springs/Salt Creek Area: Those waters of Salt Creek and Warm Mineral Springs north of the centerline of US Highway 41, south of the weir (approximate latitude 27° 03’ 17" North, approximate longitude 82° 15' 52" West) located approximately 2300 feet downstream (southwest) of the headwaters of Warm Mineral Springs, and west of a line bearing 6° from a point (approximate latitude 27° 02' 56" North, approximate longitude 82° 15' 43" West) on the southern shoreline of Salt Creek approximately 2600 feet east of the confluence with the Warm Mineral Springs run.

(4) Commercial Fishing Permits: The following provisions pertain to the issuance of permits to allow individuals engaged in commercial fishing activities to operate their vessels in specified areas at speeds greater than the speed limits established under subsection (2) above. Procedures related to the application for and the review and issuance of these permits are as set forth in Rule 68C-22.003, F.A.C.

(a) Permits shall be limited as follows:

Permits shall only be available for the zones or portions of zones described under subparagraphs (2)(a)1., 2., 9. through 17, and 19., above;
Permits shall not apply on weekends or on the holidays identified in Section 110.117, F.S.; and,
Permits shall only apply to commercial fishing activities for the setting of nets to encircle fish, and shall only allow speeds up to 20 mph.

(b) Permit applications may be obtained from the Commission’s Law Enforcement office at 5110 Gandy Boulevard, Tampa, Florida, or by contacting the Commission’s Division of Law Enforcement (Boating and Waterways Section) at 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-5600).

(5) The zones described in subsections 68C-22.026(2) and (3), F.A.C., are depicted on the following maps labeled “Sarasota County Manatee Protection Zones.” The maps are intended as depictions of the above-described zones. In the event of conflict between the maps and descriptions, the descriptions shall prevail.

(6) The amendments to Rule 68C-22.026, F.A.C., as approved by the Commission on April 28, 2010, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 379.2431(2)(g), (n), (o) FS. Law Implemented 379.2431(2)(d), (k), (n), (o) FS. History–New 1-27-92, Formerly 16N-22.026, 62N-22.026, Amended 12-12-02, 6-24-10.

Fla. Admin. Code R. 68C-22.027 Duval County and Associated County (Parts of Clay and St. Johns) Zones

(1) The Commission hereby designates the waters within Duval County, Clay County, and St. Johns County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat. In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 370.12(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined that they are consistent with manatee protection needs. All of the zones set forth below are in effect year-round and, unless otherwise stated, all zones exclude all associated waterways (tributaries, lakes, creeks, coves, bends, backwaters, canals, basins, etc.) unless explicitly included.

(a) Slow Speed, Shore-to-Shore –

Atlantic Intracoastal Waterway, Sisters Creek – All waters of Sisters Creek, including the Atlantic Intracoastal Waterway Channel, south of an East-West line running through Flashing Green Atlantic Intracoastal Waterway Channel Marker “83” (approximate latitude 30° 24' 04" North, approximate longitude 81° 27' 16" West), and northeast of a line which bears 310° from the southwestern corner of a seawall at the southwestern tip of Fanning Island (approximate latitude 30° 23' 19" North, approximate longitude 81° 27' 41" West) and including those backwaters east of Sisters Creek lying southwest of a line which bears 140° from the southernmost tip of Shell Island (approximate latitude 30° 23' 52" North, approximate longitude 81° 27' 21" West);
Atlantic Intracoastal Waterway, South of the St. Johns River – All waters of the Atlantic Intracoastal Waterway, channel included, southwest of a line which bears 280° North from the westernmost tip (approximate latitude 30° 22' 44" North, approximate longitude 81° 27' 30" West) of a peninsula west of Sherman Point on the southern side of the St. Johns River, north of a line which bears 62° running through a point 600 feet north of and on a bearing of 332° from Flashing Green Atlantic Intracoastal Waterway Channel Marker “9” (approximate latitude 30° 22' 21" North, approximate longitude 81° 27' 01" West), northeast of the general contour of the northeastern shoreline of Great Marsh Island and a line which bears 137° from the easternmost tip of Great Marsh Island (approximate latitude 30° 22' 29" North, approximate longitude 81° 27' 17" West), and west of a line which bears 360° from the northernmost tip (approximate latitude 30° 22' 29" North, approximate longitude 81° 27' 05" West) of the unnamed island east of Green Atlantic Intracoastal Waterway Channel Marker “7”;
St. Johns River, Main Street Bridge to Fuller Warren Bridge Area – All waters of the St. Johns River and associated waterways west (upriver) of the Main Street Bridge and north (downriver) of the Fuller Warren Bridge;
Julington Creek and Durbin Creek Area – All waters of Julington Creek and Durbin Creek east of a line that bears 180° from a point (approximate latitude 30° 07' 59" North, approximate longitude 81° 36' 02" West) on the northern shoreline of Julington Creek at the mouth of Oilfield Creek and west of a line that bears 180° from a point (approximate latitude 30° 08' 01" North, approximate longitude 81° 35' 43" West) on the northern shoreline of Julington Creek 300 feet east of the southern extension of Hood Landing Road (and extending south across Durbin Creek to its southern shoreline).

(b) SLOW SPEED –

St. Johns River, St. Johns Point to Reddie Point – Those waters of the St. Johns River lying within 300 feet of the general contour of the northern and southern shorelines of the river, excluding the federally-marked channels, west of a line that runs from the northeasternmost point of St. Johns Point at the mouth of the river to the southeasternmost point of Wards Bank, east of a line which bears 360° from the easternmost point of Sandfly Point (approximate latitude 30° 23' 10" North, approximate longitude 81° 38' 03" West) across the mouth of the Trout River, and north of a line that runs from said easternmost point of Sandfly Point to the northernmost point of Reddie Point (approximate latitude 30° 23' 22" North, approximate longitude 81° 37' 13" West); included in this zone are those waters lying within 300 feet of the general contour of the shorelines of Blount Island and of the northern shoreline of Quarantine Island (Bartram Island) between the island's easternmost and westernmost points and those waters leading into Mayport Basin within 300 feet of the general contour of the shorelines, excluding the federally-marked channel, east of a line which bears 180° from the easternmost tip of the peninsula on the northern side of Mayport Basin (approximate latitude 30° 23' 51" North, approximate longitude 81° 24' 16" West); also included in this zone are those waters within 300 feet of the general contour of the shorelines of the Broward River and Dunn Creek south of the centerline of the Heckscher Drive (State Road 105) Bridges, and those waters within 300 feet of the general contour of the shorelines of all associated waterways on the north side of the river that are east of where Nichols Creek and San Carlos Creek enter the river and south of the centerline of the Heckscher Drive (State Road 105) Bridges, except as otherwise designated in paragraph (1)(a);
Mill Cove – Those waters within 300 feet of the general contour of the southern shoreline of Mill Cove, west of the westernmost point of Pauline Island and east of the northernmost point of Reddie Point (approximate latitude 30° 23' 22" North, approximate longitude 81° 37' 13" West);
Trout River – Those waters within 300 feet of the general contour of the shorelines of the Trout River west of a line that bears 360° from the easternmost point of Sandfly Point (approximate latitude 30° 23' 10" North, approximate longitude 81° 38' 03" West) across the mouth of the Trout River and east of the Interstate 95 Bridge;
St. Johns River, Reddie Point to Hart Bridge Area – Those waters described below, excluding the federally-marked Florida Intracoastal Waterway channel:

a. Within 300 feet of the general contour of the western (and northern) shoreline of the St. Johns River, south (upriver) of a line that runs from the easternmost point of Sandfly Point (approximate latitude 30° 23' 10" North, approximate longitude 81° 38' 03" West) to the northernmost point of Reddie Point (approximate latitude 30° 23' 22" North, approximate longitude 81° 37' 13" West) and north and east (downriver) of the Hart Bridge, including all associated waterways and all waters of Long Branch Creek easterly of the Buffalo Avenue/Wigmore Street Bridge;

b. Within 1,000 feet of the general contour of the eastern shoreline of the St. Johns River, south (upriver) of a line that runs from the easternmost point of Sandfly Point (approximate latitude 30° 23' 10" North, approximate longitude 81° 38' 03" West) to the northernmost point of Reddie Point (approximate latitude 30° 23' 22" North, approximate longitude 81° 37' 13" West) and north (downriver) of the Hart Bridge, including all associated waterways, and all waters east of Exchange Island and a line that bears 250° from the southernmost point of Exchange Island (approximate latitude 30° 19' 18'' North, approximate longitude 81° 37' 05'' West) and west of a line that bears 73° from a point (approximate latitude 30° 18' 53'' North, approximate longitude 81° 36' 43'' West) on the southern shoreline of the Arlington River at the mouth of Little Pottsburg Creek; and also including those waters within 300 feet of the general contour of the western shoreline of Exchange Island.

St. Johns River, Hart Bridge to Main Street Bridge Area – All waters of the St. Johns River and associated waterways, including all waters of Miller Creek north of the Atlantic Boulevard (State Road 10) Bridge, west (upriver) of the Hart Bridge and east (downriver) of the Main Street Bridge, except in the marked channel of the Florida Intracoastal Waterway as designated in sub-paragraph (1)(c)2.
St. Johns River, Fuller Warren Bridge to the South Duval County Line – Those waters of the St. Johns River, south of the centerline of the Fuller Warren Bridge, north of the centerline of the Buckman (Interstate 295) Bridge (the Duval County/Clay County line) on the western shore, and west and north of the centerline of the San Jose Boulevard (State Road 13) Bridge crossing Julington Creek on the eastern shore, including: those waters of Big Fishweir Creek east of the centerline of the Herschel Street Bridge; those waters northeast of and within 500 feet of the centerline of the Ortega (Grand Avenue) Bridge; those waters of Pirates Cove (also referred to as the Venetia Yacht Basin); those waters of Mulberry Cove northwest of a line that runs from a point (approximate latitude 30° 13' 05" North, approximate longitude 81° 40' 31" West) on the northern shoreline of the cove to another point (approximate latitude 30° 12' 56" North, approximate longitude 81° 40' 46" West) on the southern shoreline; those waters of Marco Lake; those waters of Craig Creek west of the centerline of the Hendricks Avenue (State Road 13) Bridge; and those waters of Goodby’s Creek. Except for the waters northeast of the Ortega (Grand Avenue) Bridge as described above, the waters described in this paragraph shall be subject to a variable-width shoreline buffer whose width is as set forth in subsection (2), of this rule;
Ortega River Area – Those waters within 300 feet of the general contour of the shorelines of the Ortega River, including all associated waterways, south of the centerline of the Ortega (Grand Avenue) Bridge, north of the centerline of the Timuquana Bridge for the buffer along the eastern shoreline, and east of the southernmost point (approximate latitude 30° 15' 57" North, approximate longitude 81° 43' 36" West) of the peninsula that forms the northern shoreline of the Cedar River for the buffer along the western shoreline, including all waters within 300 feet south of the centerline of the Ortega (Grand Avenue) Bridge and all waters within 300 feet of either side of the Roosevelt Boulevard Bridge;
Julington Creek – All waters of Julington Creek within 450 feet of either side of the centerline of the San Jose Boulevard (State Road 13) Bridge and those waters within 300 feet of the general contour of the shorelines of Julington Creek and all associated waterways east of the centerline of the San Jose Boulevard (State Road 13) Bridge and west of a line that bears 180° from a point (approximate latitude 30° 07' 59" North, approximate longitude 81° 36' 02" West) on the northern shoreline of Julington Creek at the mouth of Oilfield Creek;
St. Johns River in St. Johns County, Julington Creek to Nature’s Hammock Road North – Those waters of the St. Johns River in St. Johns County, west and south of the centerline of the San Jose Boulevard (State Road 13) Bridge, and north of the western extension of Nature’s Hammock Road North. The waters described in this paragraph shall be subject to a variable-width shoreline buffer whose width is as set forth in subsection (2), of this rule;
St. Johns River in Clay County, Buckman Bridge to Peter Branch – Those waters of the St. Johns River in Clay County, south of the centerline of the Buckman (Interstate 295) Bridge and north of a line that bears 90° from a point on the shoreline (approximate latitude 30° 06' 05" North, approximate longitude 81° 41' 24"' West) located 300 feet south of Peter Branch. The waters described in this paragraph shall be subject to a variable-width shoreline buffer whose width is as set forth in subsection (2), of this rule;
Doctors Lake and Doctors Inlet Area – Those waters of Doctors Lake, Duck Creek, and Swimming Pen Creek, and including those waters of Doctors Inlet 500 feet of either side of the centerline of the US Highway 17 Bridge. Except for the waters of Doctors Inlet described above, the waters described in this paragraph shall be subject to a variable-width shoreline buffer whose width is as set forth in subsection (2), of this rule.

St. Johns River, Reddie Point to Hart Bridge Area – All waters of the St. Johns River outside of the Slow Speed areas designated in subparagraph (1)(b)4.;
St. Johns River, Hart Bridge to Main Street Bridge Area – All waters in the marked channel of the Florida Intracoastal Waterway west (upriver) of the Hart Bridge and east (downriver) of the Main Street Bridge.

(2) The width of the variable-width shoreline buffer referenced in subparagraphs (1)(b)6., 9., 10., and 11., above is as follows: The buffer includes at a minimum all waters within 500 feet of the general contour of the shoreline. Where there are docks that extend out farther than 300 feet into the waterway, the buffer extends out beyond the 500-foot line to include all waters shoreward of a line that runs 200 feet beyond and parallel to the dock line. For the purposes of this rule, the dock line shall be defined as a line that runs between the ends of successive docks.

(3) The zones described in subsection 68C-22.027(1), F.A.C., above are depicted on the following maps, labeled “Duval and Associated County Manatee Protection Zones”. The maps are intended to be depictions of the above-described zones. In the event of a conflict between the two, the above descriptions shall prevail.

(4) The amendments to Rule 68C-22.027, F.A.C., as approved by the Commission on December 6, 2006, shall take effect as soon as the regulatory markers are posted.

History

Rulemaking Authority 370.12(2)(n) FS. Law Implemented 370.12(2)(d), (k), (n) FS. History–New 12-22-92, Amended 6-16-93, Formerly 16N-22.027, 62N-22.027, Amended 8-1-00, 1-30-07.

Fla. Admin. Code R. 68C-22.028 Flagler County Zones

(1)(a) The Commission hereby designates the waters within Flagler County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat.

(b) In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs.

(2) The following zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, and other waterways unless specifically excluded or otherwise designated for more restrictive regulation. As used in this rule, ICW means the Intracoastal Waterway. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83) using the HARN Florida GDL Albers projection.

(a) SLOW SPEED (May 1 – September 7):

Hammock Dunes Parkway Area – All waters, including in the ICW channel, south of a line that bears 70° from a point (approximate latitude 29° 34' 49'' North, approximate longitude 81° 11' 34'' West) on the western shoreline of the ICW approximately 2,700 feet north of the Hammock Dunes Parkway Bridge, north of a line that bears 70° from a point (approximate latitude 29° 34' 21'' North, approximate longitude 81° 11' 21'' West) on the western shoreline of the ICW approximately 300 feet south of the Hammock Dunes Parkway Bridge, and east of the Palm Harbor Parkway Bridge;
North of Lehigh Canal Area – All waters east of the ICW channel south of a line that bears 70o through Red ICW Channel Marker “6” (approximate latitude 29° 30' 50'' North, approximate longitude 81° 09' 00'' West) and north of a line that bears 70° from a point (approximate latitude 29° 29' 59'' North, approximate longitude 81° 08' 41'' West) on the western shoreline of the ICW approximately 500 feet north of Lehigh Canal;
Lehigh Canal to State Road 100 Area – All waters of Lehigh Canal; and all waters, including in the ICW channel, south of a line that bears 70° from a point (approximate latitude 29° 29' 59'' North, approximate longitude 81° 08' 41'' West) on the western shoreline of the ICW approximately 500 feet north of Lehigh Canal and north of a line that bears 70° from a point (approximate latitude 29° 28' 34'' North, approximate longitude 81° 08' 12'' West) on the western shoreline of the ICW approximately 500 feet south of the SR 100 (Moody Blvd.) Bridge; and,
Vicinity of Gamble Rogers State Recreation Area – All waters, including in the ICW channel except as otherwise designated in paragraph (2)(b), below, south of a line that bears 70° through Red ICW Channel Marker “20” (approximate latitude 29° 27' 08'' North, approximate longitude 81° 07' 37'' West) and north of the Flagler County/Volusia County line.

(b) MAXIMUM 25 MPH (May 1 – September 7) – Those waters in the marked ICW channel south of a line that bears 70° from a point (approximate latitude 29° 26' 36'' North, approximate longitude 81° 07' 03'' West) on the western shoreline of the ICW approximately 900 feet north of Red ICW Channel Marker “22” and north of the Flagler County/Volusia County line.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 6-13-12, Amended 5-24-16.

Fla. Admin. Code R. 68C-22.029 Cape Canaveral Energy Center Interim Warm-water Refuge Zone

(1) This rule creates a seasonal “No Entry Zone” as defined in subsection 68C-22.002(11), F.A.C., to protect manatees at the Florida Power & Light (FPL) Cape Canaveral Energy Center Interim-Warm Water Refuge. The No Entry Zone will protect manatees from harm and disturbance by regulating access to and operation within this designated warm-water area. The No Entry Zone will also protect manatees from harmful collisions and harassment during response operations associated with a manatee Unusual Mortality Event. The No Entry Zone shall be in place each year from November 15 to March 31. This No Entry Zone is established in areas south of the FPL Cape Canaveral Energy Center jetty as follows:

(a) All waters south of the FPL Cape Canaveral Energy Center jetty, west of a line beginning at the southeasternmost point of the jetty (latitude 28º 28' 07" N, longitude 80 45' 18" W) and running 180º of said jetty point south by 200 meters (latitude 28º 28' 01" N, longitude 80º 45' 18" W), those waters north of an east-west 709 meter line, ending at the shoreline terminus at Mullet Court Road (latitude 28º 28' 01" North, longitude 80º 45' 02" West), and those waters east of the general westernmost shoreline of the Indian River, excluding those waters west of the north-south over-water foot bridge structure of the FPL intake canal.

(b) The Coordinates used in the description of the zone boundaries are referenced to the North American Datum of 1983 (NAD83_2011) using the Florida GDL Albers projection. Access to the No Entry Zone designated in paragraph (1)(a) will be provided in accordance with procedures set forth in subsection (2).

(2) Access to the No Entry Zone designated in subsection (1) is permitted by the following:

(a) FPL employees or designees with current company identification or authorization, provided entry into, and activities conducted within the zone are under the discretion and consideration of the company.

(b) FPL authorized agents and contractors, provided that entry into the zone is necessary to conduct activities associated with power plant operation and maintenance, construction emergency response or environmental monitoring.

(c) U.S. Fish and Wildlife Service employees, designees, or their authorized agents for activities associated with manatee response or monitoring.

History

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History‒New 1-24-23.

Division 68B Marine Fisheries

Chapter 68B-2 GENERAL

Fla. Admin. Code R. 68B-2.001 General Definitions

As used in Division 68B, F.A.C.:

(1) “Biscayne National Park” means all waters lying within the boundaries of Biscayne National Park, whether within or without the waters of the State of Florida, as depicted on NOAA nautical charts for coastal Florida waters and as described as follows:

Beginning at the northwest corner of Section 35, Township 55 South, Range 40 East, Tallahassee Meridian;

Thence easterly 1,978.35 feet, more or less, along the north line of said Section 35 to a point on the center line of Old Cutler Road, as shown on Sheet 11 of 14 Sheets of Part Three of the drawings titled Metropolitan Dade County, Florida, Bulkhead Line, and recorded in Plat Book No. 74, Page 3 of the Public Records of Dade County, Florida, February 23, 1962;

Thence southwesterly 2,700 feet, more or less, along the center line of said Old Cutler Road to a point, said point being the intersection with the center line of S.W. 176 Street;

Thence easterly along the extension of the center line of S.W. 176 Street bearing North 87°39'08" East, 700 feet, more or less, to the Point of Beginning;

Thence South 80°53'53" East, 30,000 feet, more or less, to a point on the Intracoastal Waterway;

Thence northeasterly along the Intracoastal Waterway 28,950 feet, more or less, to a point of intersection with Latitude 25°40'16" North;

Thence east along the Parallel at Latitude 25°40'16" North 6,600 feet, more or less, to a point on the southwest side of a cable area lying generally South of Cape Florida (said cable area shown on the National Oceanic and Atmospheric Administration Nautical Chart 11451);

Thence southeasterly along the southwest side of the cable area 18,000 feet, more or less, to a point where the southwest line of said cable area deflects to the right (said point being approximately at Latitude 25°38'40" North);

Thence east 14,000 feet, more or less, to a point of intersection with the 10 fathom line (water depth of 60 feet);

Thence southerly along the 10 fathom line (60 foot depth curve line), 133,000 feet, more or less, to a point on the North line of the Key Largo Coral Reef Marine Sanctuary (also known as John Pennekamp Coral Reef State Park), at Latitude 25°17'36" North, Longitude 80°10'00" West;

Thence northwesterly along the boundary of the Preserve and State Park 21,000 feet, more or less, to Latitude 25°20'06" North, Longitude 80°12'36" West;

Thence southwesterly 9,400 feet, more or less, to a point on the Monroe-Dade County line at Latitude 25°19'55" North, Longitude 80°14'18" West;

Thence northwesterly 11,100 feet, more or less, along the meanderings of said County line to a point in Broad Creek, located about mid-channel between Swan Key and the easternmost tip of Broad Key, Latitude 25°21'04" North, Longitude 80°15'25" West;

Thence northwesterly 10,350 feet, more or less, to a point adjacent to flashing red light marker “14” in Card Sound at the south end of the Intracoastal Waterway Channel through Cutter Bank, Latitude 25°21'58" North, Longitude 80°17'01" West;

Thence continue across the open waters of Card Sound North 77°00'00" West 16,400 feet, more or less, to a point on the west line of Section 15, Township 58 South, Range 40 East. Said west line also being a portion of the western boundary of the Turkey Point Wilderness Area as established by an agreement entitled “Deed,” recorded in Book 7624, Page 457-464 of the Official Records of Dade County, Florida, March 22, 1972;

Thence northerly along the west line of Section 15, Section 10, and Section 3 to a point, said point being the northwest corner of Section 3, all in Township 58 South, Range 40 East. The west line of Section 15, Section 10, and Section 3 also being a portion of the western boundary of the Turkey Point Wilderness Area;

Thence easterly along the north line of Section 3, Township 58 South, Range 40 East, passing Turtle Point, over the waters of Biscayne Bay, passing the Metropolitan Dade County, Florida, Bulkhead Line to a point on a line 350 feet easterly of and parallel to the Metropolitan Dade County, Florida, Bulkhead Line as shown on Sheet 6 of 12 Sheets of Part Five of the drawings titled Metropolitan Dade County, Florida, Bulkhead Line, and recorded in Plat Book No. 74, Page 5 of the Public Records of Dade County, Florida, May 10, 1963. The north line of Section 3, Township 58 South, Range 40 East, also being the north boundary of the Turkey Point Wilderness Area;

Thence northerly along line a 350 feet easterly of and parallel to the Metropolitan Dade County, Florida, Bulkhead Line (as shown on Sheets 5 and 6 of 12 Sheets of Part Five of the drawings titled Metropolitan Dade County, Florida, Bulkhead Line, and recorded in Plat Book No. 74, Page 5 of the Public Records of Dade County, Florida, May 10, 1963), passing and going around Turkey Point to the intersection with a line being the extension eastward of the south boundary of Homestead Bayfront Park;

Thence westerly along the south line of Homestead Bayfront Park to the southwest corner thereof;

Thence northerly along the west line of Homestead Bayfront Park to the northwest corner of said park, also being the southwest corner of Section 9, Township 57 South, Range 40 East;

Thence easterly along the north line of Homestead Bayfront Park (also the south line of Section 9, Township 57 South, Range 40 East), 1,870 feet, more or less, to a point;

Thence North 00°35'00" West, 4,080 feet, more or less, to a point;

Thence North 04°35'00" West, 3,360 feet, more or less, to a point;

Thence North 17°05'00" East, 1,995 feet, more or less, to a point;

Thence North 39°10'00" East, 2,260 feet, more or less, to a point;

Thence North 18°25'00" West, 1,080 feet, more or less, to a point;

Thence North 17°20'00" East, 2,820 feet, more or less, to a point;

Thence North 03°00'00" East, 3,500 feet, more or less, to a point;

Thence North 17°45'00" East, 3,380 feet, more or less, to a point on the southwesterly bank of Goulds Canal;

Thence southeasterly along the southwesterly bank of Goulds Canal 2,200 feet, more or less, to a point;

Thence northeasterly crossing Goulds Canal to a point on a tip of land being the southeasterly-most tip of a triangular shaped parcel of land lying between Goulds Canal and Black Creek (also known as C-1 Canal);

Thence northwesterly following the northeastern shoreline of the above-mentioned triangular shaped parcel of land 300 feet, more or less, to a point;

Thence North 45°15'00" East, 525 feet, more or less, to a point;

Thence North 32°00'00" West, 2,980 feet, more or less, to a point;

Thence North 0°30'00" West, 640 feet, more or less, to a point;

Thence northeasterly to a point on the north line of Section 22, Township 56 South, Range 40 East, said point being 3,330 feet east of the northwest corner of Section 22, Township 56 South, Range 40 East;

Thence easterly along the north line of Section 22 to the Northwest corner of Section 23, Township 56 South, Range 40 East;

Thence easterly along the north line of said Section 23, 460 feet, more or less, to a point;

Thence North 17°54'00" East, 2,780 feet, more or less, to a point on the north line of the south half of Section 14, Township 56 South, Range 40 East;

Thence North 14°25'00" East, 320 feet, more or less, to a point;

Thence North 09°25'00" East, 980 feet, more or less, to a point;

Thence North 00°50'00" West, 1,045 feet, more or less, to a point;

Thence North 14°00'00" East, 255 feet, more or less, to a point;

Thence North 25°45'00" East, 600 feet, more or less, to a point;

Thence North 16°50'00" East, 495 feet, more or less, to a point;

Thence North 27°00'00" East, 255 feet, more or less, to a point;

Thence North 26°25'00" East, 1,050 feet, more or less, to a point;

Thence North 22°25'00" East, 640 feet, more or less, to a point;

Thence North 08°15'00" East, 410 feet, more or less, to a point;

Thence North 07°10'00" West, 460 feet, more or less, to a point;

Thence North 14°45'00" West, 440 feet, more or less, to a point;

Thence North 19°50'00" West, 260 feet, more or less, to a point;

Thence North 30°06'00" West, 1,235 feet, more or less, to a point;

Thence North 00°06'00" West, 1,410 feet, more or less, to a point;

Thence North 55°52'30" West, 590 feet, more or less, to a point;

Thence North 05°45'00" East, 1,980 feet, more or less, to a point;

Thence North 16°45'00" West, 950 feet, more or less, to a point;

Thence North 88°40'00" East, 470 feet, more or less, to a point;

Thence North 05°00'00" West, 2,035 feet, more or less, to a point on the south line of Section 35, Township 55 South, Range 40 East;

Thence North 06°07'30" East, 2,900 feet, more or less, to a point, the Point of Beginning.

(2) “Coastline” means the territorial sea base line for the State of Florida established pursuant to the laws of the United States of America.

(3) “Commercial harvester” means a person who is harvesting or in possession of an organism or part of an organism for the purpose of selling or with the intent to sell the organism or part of the organism.

(4) “Commission” means the Florida Fish and Wildlife Conservation Commission.

(5) “Crew member” means an individual onboard a vessel who is compensated (monetarily or otherwise) for any service performed in relation to the operation of the vessel or the activities carried out by those onboard the vessel.

(6) “Diving” means swimming at or below the surface of the water.

(7) “F.A.C.” means the Florida Administrative Code.

(8) “F.S.” means the Florida Statutes.

(9) “Florida Waters” means the waters of the Atlantic Ocean, the Gulf of America, the Straits of Florida, and any other bodies of water under the jurisdiction of the State of Florida, whether coastal, intracoastal or inland, and any part thereof.

(10) “For commercial purposes” means engaging in an activity regulated by Division 68B, F.A.C., for the purpose of selling an organism or part of an organism or with the intent to sell an organism or part of an organism. For Commercial Purposes includes harvest or possession of marine organisms in an amount that is at least two times the recreational bag limit for the organism being taken or harvested.

(11) “Fork length” means the straight-line distance from the most forward point of the fish with the mouth closed, to the rear center edge of the tail.

(12) “Harvest” means the catching or taking of an organism followed by a reduction of the organism to possession. Harvest includes the unnecessary harming or killing of an organism regardless of possession.

(13) “Inside waters” means all state waters landward of the COLREGS Demarcation Line, as depicted or described on NOAA nautical charts for coastal Florida waters.

(14) “Land,” when used in connection with the harvest of an organism, means the physical act of bringing the harvested organism ashore.

(15) “Lower jaw fork length” means the straight-line measurement of a fish from the tip of the lower jaw to the fork of the caudal fin. The measurement is not made along the curve of the body.

(16) “Monetary value” means sale price or cash equivalent of value received for landings.

(17) “Nearshore and inshore Florida waters” means all Florida waters inside a line three nautical miles seaward of the coastline along the Gulf of America and inside a line one nautical mile seaward of the coastline along the Atlantic Ocean.

(18) “Organized tournament” means a fishing competition that involves ten or more registered participants, has written rules and regulations, requires an entry fee, and awards prizes to competitors.

(19) “Person” includes a natural person, firm, corporation or other entity.

(20) “Purchase” means to receive an organism or part of an organism in exchange for any form of consideration (money, objects, services, or otherwise) with or without a transfer in possession. Purchase includes offering to purchase an organism or part of an organism.

(21) “Recreational harvester” means a person who is engaging in an activity regulated by Division 68B, F.A.C., or Chapter 379, F.S., who is not a commercial harvester as defined in Rule 68B-2.001, F.A.C.

(22) “Seafood dealer” means a wholesale seafood dealer, a retail seafood dealer, or a restaurant licensed by the state.

(23) “Sell” means to receive any form of consideration (money, objects, services, or otherwise) in exchange for an organism with or without a transfer in possession. Sell includes offering to sell an organism or part of an organism.

(24) “Snagging” or “snatch hooking” means the intentional catch of a fish by any device intended to impale or hook the fish by any part of its body other than the mouth.

(25) “Total length” means the straight-line distance from the most forward point of the fish with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(26) A “trip” begins when a vessel departs from a dock, berth, beach, seawall, or ramp, and terminates when the vessel returns to a dock, berth, beach, seawall, or ramp, regardless of the amount of time between the departure and return of the vessel.

(27) “Vessel” includes any water craft used or capable of being used as a means of transportation on water. Vessel includes nondisplacement craft and any aircraft designed to maneuver on water.

(28) “Vessel for hire” means a vessel that is operated by a captain licensed by the United States Coast Guard and pursuant to Section 379.354(7), F.S., to carry passengers for hire and has one or more passengers onboard who are paying a fee (directly or indirectly) to take or pursue an organism regulated by Division 68B, F.A.C.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13, 10-12-15.

Fla. Admin. Code R. 68B-2.002 Return of Marine Organisms to Water; Permissible Temporary Possession

(1) This subsection applies to all marine finfish and any marine invertebrate regulated by Division 68B, F.A.C., with the exception of Chapter 68B-26, F.A.C. All persons catching or taking but not retaining for use any such marine organism shall immediately release such marine organism at the site of capture. No person may unnecessarily harm or destroy any such organism. No such organism may be placed or deposited on any bank, shore, beach or other place out of the water.

(2) Permissible Temporary Possession

(a) Unless possession is expressly prohibited for a particular species, a person may temporarily possess an organism for purposes of identifying the species, photographing, or determining compliance with applicable regulations.

(b) A person who temporarily possesses an organism pursuant to paragraph (2)(a), must immediately return the organism to the water unharmed.

(c) A person must also comply with other restrictions on temporary possession that may be established for a particular species.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

Fla. Admin. Code R. 68B-2.003 License Required for Harvest or Possession of a Marine Organism

(1) Recreational Harvester – A recreational harvester may not harvest, attempt to harvest, or possess in or on Florida Waters a marine organism unless the recreational harvester is in possession of a valid recreational saltwater fishing license. This provision does not apply to a recreational harvester who is otherwise exempt from state recreational licensing requirements.

(2) Commercial Harvester –

(a) Saltwater Products – A commercial harvester may not harvest, attempt to harvest, or possess in or on Florida Waters or sell a marine organism unless the commercial harvester is in possession of a valid saltwater products license.

(b) Restricted Species – A commercial harvester may not harvest or possess in or on Florida Waters or sell an organism that has been designated as a restricted species in Division 68B, F.A.C., unless the commercial harvester is in possession of a valid saltwater products license with a restricted species endorsement.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

Fla. Admin. Code R. 68B-2.004 Recreational and Commercial Harvest on the Same Trip

On a single trip, a person must either be a recreational harvester or a commercial harvester for each species they harvest or possess. If a person is harvesting or is in possession of an organism for commercial purposes, that person may not harvest or possess an organism of the same species for recreational purposes on the same trip. If a person is harvesting or is in possession of an organism for recreational purposes, that person may not harvest or possess an organism of the same species for commercial purposes on the same trip. In addition, no person aboard a vessel may harvest or possess an organism for recreational purposes if an organism of the same species is harvested or possessed by another person aboard the vessel for commercial purposes on the same trip. No person aboard a vessel may harvest or possess an organism for commercial purposes if an organism of the same species is harvested or possessed by another person for recreational purposes on the same trip.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

Fla. Admin. Code R. 68B-2.006 Restricted Species Endorsement

(1) A restricted species endorsement on the saltwater products license is required to sell to a licensed wholesale dealer those species which the state, by law or rule, has designated as “restricted species.” This endorsement shall be issued only to a person who is at least 16 years of age, or to a firm, each of which must certify that over 25% percent of their income or $5,000 of their income, whichever is less, is attributable to the sale of saltwater products pursuant to a saltwater products license issued under Section 379.361(2), F.S., or a similar license from another state. This endorsement may also be issued to a for-profit corporation if it certifies that at least $5,000 of its income is attributable to the sale of saltwater products pursuant to a saltwater products license or a similar license from another state. However, if at least 50% percent of the annual income of a person, firm, or for-profit corporation is derived from charter fishing, the person, firm, or for-profit corporation must certify that at least $2,500 of the income of the person, firm, or corporation is attributable to the sale of saltwater products pursuant to a saltwater products license issued or a similar license from another state, in order to be issued the endorsement. Such income attribution must apply to at least 1 of the last 3 years. For the purpose of this rule, “income” means that income that is attributable to work, employment, entrepreneurship, pensions, retirement benefits, and social security benefits.

(2) To renew an existing restricted species endorsement, a marine aquaculture producer possessing a valid saltwater products license with a restricted species endorsement may apply income from the sale of marine aquaculture products to licensed wholesale dealers.

(3) The commission may require verification of such income for all restricted species endorsements issued pursuant to this rule.

(a) Acceptable proof of income earned from the sale of saltwater products shall be one or more of the following:

Copies of trip ticket records generated pursuant to Chapter 68E-5, F.A.C. (marine fisheries information system), documenting qualifying sale of saltwater products to a licensed wholesale dealer,
Copies of sales records and commercial fishing license from locales other than Florida documenting qualifying sale of saltwater products to a licensed dealer, or
Crew share statements verifying income earned from the sale of saltwater products to a licensed wholesale dealer.

(b) Acceptable proof of income shall be one of the following:

A complete copy of the applicable federal income tax return, including any Form 1099 or W2 attachments, or
A certified public accountant’s notarized statement on Commission Form DMF-SL1010 (02-15) (CPA Statement, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05214, incorporated herein by reference) attesting to income during the qualifying period.

(4) Exceptions from income requirements shall be as follows:

(a) A permanent restricted species endorsement shall be available to those persons age 62 and older who have qualified for such endorsement for at least 3 of the last 5 years.

(b) Active military duty time shall be excluded from consideration of time necessary to qualify and shall not be counted against the applicant for purposes of qualifying.

(c) A licensed commercial fisher shall be exempted from the qualifying income requirements for the purpose of obtaining a restricted species endorsement for a complete license year after purchase of a used commercial fishing vessel provided that:

The qualifying vessel shall be no less than 16' feet in length. For the purposes of this subparagraph, “length” means the measurement from end to end over the deck parallel to the centerline, excluding sheer.
The buyer must be the registered owner of the vessel at the time of application.
The vessel must be commercially registered by the seller at the time of sale and by the buyer at the time of application for restricted species endorsement.
The seller must possess or be eligible for a valid restricted species endorsement.
The seller must have qualified or be eligible for a restricted species endorsement based upon verified income earned from the sale of saltwater products to a licensed wholesale dealer or qualified for a restricted species endorsement based upon a qualifying method other than the vessel purchase exemption.
The restricted species endorsement shall be attached only to the vessel SPL on the vessel purchased until such time that the vessel holder qualifies for a restricted species endorsement based upon a qualifying method other than the vessel purchase exemption, except that the restricted species endorsement may be transferred to another vessel SPL if the puchased vessel becomes inoperable.

(d) Upon the death or permanent disablement of a person possessing a valid restricted species endorsement, an immediate family member wishing to carry on the fishing operation who makes the application within 3 years after the death or disablement shall be exempted from the qualifying income requirement for the purpose of obtaining a restricted species endorsement for a complete license year. For the purposes of this paragraph, “immediate family” means the endorsement holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(e) A restricted species endorsement shall, upon application, be issued on an individual saltwater products license to a person age 62 or older who documents that at least $2,500 of such person’s income is attributable to the sale of saltwater products in at least 1 of the last 3 years.

(f) A permanent restricted species endorsement shall, upon application, also be issued on an individual saltwater products license to a person age 70 or older who has held a saltwater products license for at least 3 of the last 5 license years.

(g) Any resident who is certified to be totally and permanently disabled by the Railroad Retirement Board, by the United States Department of Veterans Affairs or its predecessor, by any branch of the United States Armed Forces, by the United States Social Security Adminstration, by a licensed physician on Commission Form DMF-SL1020 (10-16) (Physician Certification of Disability, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07675, and incorporated herein by reference), or for the purposes of workers’ compensation under Chapter 440, F.S., as verified by an order of a judge of compensation claims or written confirmation by the carrier providing workers’ compensation benefits, or who holds a valid identification card issued by the Department of Veterans’ Affairs pursuant to Section 295.17, F.S., upon proof of the same, shall be exempted from the income requirements if he or she also has held a saltwater products license for at least 3 of the last 5 license years before the date of the disability. A restricted species endorsement issued under this paragraph may be issued only on an individual saltwater products license.

(h) An honorably discharged resident military veteran certified by the United States Department of Veterans Affairs or its predecessor or by any branch of the United States Armed Forces to be at least 10% permanently service-connected disabled, upon proof of the same, shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption. A restricted species endorsement shall be issued on an individual saltwater products license thereafter where such disabled resident veteran documents that at least $2,500 of such person’s income is attributable to the sale of saltwater products.

(i) A resident military veteran who applies to the Commission within 48 months after an honorable discharge from any branch of the United States Armed Forces, the Reserves, the Florida National Guard, or the U.S. Coast Guard shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption per military enlistment.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 11-11-12, Amended 9-1-13, 10-16-14, 7-1-15, 12-28-16, 7-11-23.

Fla. Admin. Code R. 68B-2.007 Prohibition of Possession, Transport, Purchase, or Sale of Illegally-Caught Marine Organisms

Except for a law enforcement officer acting in an enforcement capacity, no person may possess, transport, purchase, or sell any marine organisms harvested in violation of any of the requirements of Division 68B, F.A.C., or Chapter 379, F.S.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

Fla. Admin. Code R. 68B-2.008 Trap Placement

It is unlawful for any person to place traps in the marked navigation channels of the intracoastal waterways, or any other marked navigation channels maintained or marked by the United States Army Corps of Engineers, United States Coast Guard, State of Florida, navigation district, or any county or municipal government.

History

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

Fla. Admin. Code R. 68B-2.009 Designation of License-Free Saltwater Fishing Days

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take saltwater fish for noncommercial purposes during “License-Free Saltwater Fishing Days” without obtaining or possessing a license as otherwise required by the section. “License-Free Saltwater Fishing Days” are hereby designated as the first Saturday and Sunday in June, the first Saturday in September and the Saturday following Thanksgiving. Any person taking or attempting to take saltwater fish during said periods shall comply with all other laws or regulations governing the holders of saltwater recreational fishing licenses, and all other conditions and limitations regulating the taking of saltwater fish as are imposed by law or rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History‒New 1-7-14.

Fla. Admin. Code R. 68B-2.010 Tournament Permits

King and Spanish Mackerel –

A permit is required to meet the requirements of 50 C.F.R. §622.386(e) (as of January 9, 2015) for tournament-caught king and Spanish mackerel to be donated and sold. Upon request and submission of the information required in subsection (1), the Executive Director, or his designee, shall issue a mackerel tournament donation permit to the director of an organized tournament to allow tournament-caught king and Spanish mackerel to be donated to a licensed wholesale seafood dealer.

(1) The tournament organizer shall supply the following:

(a) The tournament organizer’s name, mailing address, phone number, and email address; the name of the tournament/organization; the number of tournament participants; the dates and times of the tournament; the name and address of the tournament landing and weigh-in location. The tournament organizer shall also indicate whether participants are charged an entry fee and if prizes are awarded.

(b) The name of the wholesale seafood dealer accepting donated fish, their wholesale seafood dealer license number, contact person, business address, and phone number.

(2) Permits shall only be issued to the director of an organized tournament.

(3) King or Spanish mackerel caught in an organized tournament permitted pursuant to this subsection may be donated to a licensed wholesale seafood dealer. Donation of tournament fish as authorized by this permit does not constitute a sale.

(4) Wholesale dealers must donate the monetary value of tournament-caught king and Spanish mackerel directly to a charitable organization designated by the permittee. The monetary value received for tournament-caught fish may not be donated or returned to the tournament or used to pay for tournament expenses or prizes.

(5) The tournament organizer may not also be the licensed wholesale seafood dealer accepting donated fish from the tournament.

(6) Tournament organizers must ensure that donated fish are handled and iced to ensure product safety pursuant to Rule 68E-27.022, F.A.C.

(7) Wholesale dealers accepting tournament-caught king or Spanish mackerel shall be present at the tournament check-in location to accept the donated fish.

(8) Wholesale dealers shall report donated fish pursuant to subsections 68E-5.002(1) and (2), F.A.C. Wholesale dealers shall identify the donated fish as tournament catch on Marine Fisheries Trip Tickets.

(9) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-12-15.

Fla. Admin. Code R. 68B-2.011 Chumming

(1) It is unlawful for any person to place chum in the water for the purposes of fishing from a beach or wade fishing in waters immediately adjacent to a beach. This shall not be construed to prohibit the use of a baited hook when fishing with hook and line gear, placing bait in a trap authorized pursuant to Rule 68B-4.020, F.A.C., in order to target marine organisms by enticing them to enter the trap, or the use of a baited trotline for the harvest of blue crab.

(2) For the purposes of this rule, “chum” means fish, fish parts, other animal products, or synthetic products created or intended to chemically or otherwise resemble animal products placed in the water for the purpose of attracting a marine organism.

(3) For the purposes of this rule, “beach” shall be defined as any area of shoreline along a body of marine or brackish water that is covered predominantly in sand, with sufficient sand above the mean high-water line to support sunbathing.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-19.

Fla. Admin. Code R. 68B-2.012 Tagging of Marine Organisms

(1) A person may not tag a marine organism within or without Florida Waters unless such tagging activity is conducted by or on behalf of a federal or state natural resource management agency, or has been authorized pursuant to a Special Activity License issued pursuant to Chapter 68B-8, F.A.C.

(2)(a) Notwithstanding subsection (1), the director of a fishing tournament or their designee may tag up to five (5) fish per tournament or up to five (5) fish per county for a fishing tournament that occurs in more than one county for purposes of awarding prizes to tournament participants.

(b) However, a fishing tournament director or designee may not tag a prohibited species as defined in Rule 68B-8.002, F.A.C.

(3) For purposes of this rule, “tag” means any internal or external device or other marking, placed in or on an organism for purposes of identification or data collection.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-26.

Chapter 68B-3 LOCAL LAWS

Fla. Admin. Code R. 68B-3.001 Repeal of Chapters 57-1218 and 57-1219, and Portions of Chapters 19719, 27450, 70-626, Charlotte County Special Acts

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Charlotte County Special Acts, chapter 57-1218 and chapter 57-1219, Laws of Florida (1957), will not adversely affect the marine resources of Charlotte County or of the State of Florida, therefore Charlotte County Special Acts chapter 57-1218 and chapter 57-1219, Laws of Florida (1957) are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Charlotte County Special Acts of Local Application, chapter 19719, Laws of Florida (1939), chapter 27450, Laws of Florida (1951), and chapter 70-626, Laws of Florida (1970), will not adversely affect the marine resources of Charlotte County or of the State of Florida.

(a) Sections 2, 3, 4, and 6 of chapter 19719, Laws of Florida (1939), are hereby repealed.

(b) Sections 2, 3, 5, and 6 of chapter 27450, Laws of Florida (1951), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 1-1-12, Amended 11-19-18.

Fla. Admin. Code R. 68B-3.002 Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159, 26045, and 70-639, Collier County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Collier County Special Acts of Local Application, chapter 27473, Laws of Florida (1951), and chapter 30665, Laws of Florida (1955), will not adversely affect the marine resources of Collier County or of the State of Florida, therefore Collier County Special Acts chapter 27473, Laws of Florida (1951), and chapter 30665, Laws of Florida (1955), are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Collier County Special Acts of Local Application, chapter 20159, Laws of Florida (1939), chapter 26045, Laws of Florida (1949), and chapter 70-639, Laws of Florida (1970), will not adversely affect the marine resources of Collier County or of the State of Florida.

(a) Section 2 of chapter 20159, Laws of Florida (1939), is hereby repealed.

(b) Section 4 of chapter 26045, Laws of Florida (1949), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 6-30-13, Amended 2-1-17, 11-19-18.

Fla. Admin. Code R. 68B-3.003 Repeal of Gilchrist County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Gilchrist County Special Acts of Local Application, chapter 21254, Laws of Florida, will not adversely affect the marine resources of Gilchrist County or of the State of Florida, therefore Gilchrist County Special Acts chapter 21254, Laws of Florida, is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 10-16-14.

Fla. Admin. Code R. 68B-3.004 Repeal of Indian River County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Indian River County Special Acts of Local Application, chapters 21305, 77-572 and 79-480, Laws of Florida, will not adversely affect the marine resources of Indian River County or of the State of Florida, therefore Indian River County Special Acts chapters 21305, 77-572 and 79-480, Laws of Florida, are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 10-16-14.

Fla. Admin. Code R. 68B-3.005 Repeal of Manatee County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Manatee County Special Acts of Local Application, chapters 19961, 26000, 27697, 61-2452, 63-1585, 67-1685, 67-1883, Laws of Florida, will not adversely affect the marine resources of Manatee County or of the State of Florida, therefore Manatee County Special Acts chapters 19961, 26000, 27697, 61-2452, 63-1585, 67-1685, 67-1883, Laws of Florida, are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 10-16-14.

Fla. Admin. Code R. 68B-3.006 St. Johns County, Use of Nets

(1) The use of any net other than a hand thrown cast net, landing or dip net, or push net is prohibited in the following areas of St. Johns County and adjacent saltwaters:

(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.

(2) No net except for a hand thrown cast net, landing or dip net, or push net shall be used after the hours of sunset and before sunrise between May 1 and September 15 of each year in the salt waters of St. Johns County or within 1/4 mile seaward of the Atlantic Ocean beaches and coast thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 3-1-05.

Fla. Admin. Code R. 68B-3.007 Prohibition on Take of Puffer Fish in Volusia, Brevard, Indian River, St. Lucie, and Martin Counties

In the waters of Volusia, Brevard, Indian River, St. Lucie, and Martin Counties, the taking of fish commonly known as puffers, Genus Sphoeroides, is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 7-15-04.

Fla. Admin. Code R. 68B-3.008 Repeal, Amendment, and Readoption of Sections of Chapter 70-973, Laws of Florida (1970), as Amended by Chapter 73-652, Laws of Florida (1973), Volusia County Special Act

(1) The Marine Fisheries Commission has determined that repeal and readoption of portions of chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), a Volusia County Special Act, will not adversely affect the marine resources of Volusia County or of the State of Florida. The law provides for the regulation of fishing and fisheries-related activities in the saltwaters of Volusia County.

(2) Chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to paragraph (5)(c) of section 2 of chapter 83-134, Laws of Florida, is hereby repealed.

(3) This section intended to readopt certain provisions of chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as a Commission rule. As of the effective date of this section, the aforesaid chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as readopted, shall read as follows:

(a) It is unlawful for any person, firm or corporation to harvest or attempt to harvest marine species of fish in the inland salt waters of Volusia County in any way or with any appliance other than with the ordinary cast net, rod and reel, pinfish trap meeting the specifications of paragraph 68B-4.020(1)(f), F.A.C., or hook and line except as provided otherwise in rule 68B-3.008, F.A.C. Legal size flounders and sheepshead may be taken by the means of a barbed spear, with not more than three (3) prongs.

(b) It is unlawful for any person, firm or corporation to fish or cause to be fished with any haul seine, in any of the salt waters of Volusia County.

(c) It is unlawful to set or place any beach or haul seine within one hundred (100) yards of any bridge, pier, dock or other establishment.

(d) It is unlawful to dump any foul or refuse fish or any other litter of any type on the land or in the inland salt waters of Volusia County.

(e) It is unlawful, except as provided otherwise in this section, for any person to use any beach or haul seine in the catching of fish within five hundred (500) feet of the high water mark on the ocean beaches, in or adjacent to any municipality or within five hundred (500) feet of the jetties of any inlet, or within five hundred (500) feet of the line connecting the seaward ends of the jetties of any inlet or between the jetties of any inlet in Volusia County.

(f) Shrimp harvest in Volusia County shall be conducted pursuant to Chapter 68B-31, F.A.C.

(g) No person may stockpile on a lease oysters taken from approved public bars.

(h) No person, firm or corporation shall set or place, or cause to be set or placed, any trap for the taking of crabs for any purpose in the inland salt waters of Volusia County, unless such trap meets all the requirements of rule chapter 68B-45, F.A.C. A person may use traps for taking crabs for personal consumption if such person meets all the requirements for blue crab harvest with a trap for other than commercial purposes as established by rule chapter 68B-45, F.A.C. No trap may be abandoned or discarded in or along the shore of the waters of Volusia County. Not more than two hundred (200) crab traps shall be fished under one (1) permit. No buoyed crab traps shall be left unattended for more than seventy-two (72) hours, weather permitting. No buoyed crab traps shall be placed within one hundred (100) yards of any bridge or dock where fishing is legal from that bridge or dock except that persons with written permission of the owner of a dock may place legal traps closer to that dock.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 10-19-89, Amended 1-9-91, 1-1-92, 7-1-92, 11-26-92, 10-3-94, 9-30-96, 7-30-97, Formerly 46-3.008, Amended 10-16-02, 1-1-05, 3-1-05, 8-14-24.

Fla. Admin. Code R. 68B-3.009 Brevard County: Turkey Creek and Crane Creek Gear Specifications; Definitions; Repeal of Chapters 28927, 30601, and 63-910, Brevard County Special Acts of Local Application

(1) No person shall harvest or attempt to harvest any fish in or from the waters of Turkey Creek or Crane Creek, except with the following gear:

(a) Hook and line gear.

(b) Landing or dip net.

(d) A crab trap specifically allowed by rule 68B-13.002, F.A.C., or section 379.366, F.S.

(2) The phrase “waters of Turkey Creek or Crane Creek” means all waters of those two creeks in Brevard County, including any tributary emptying into said creeks, westward of a line drawn between the two easternmost points of land at the respective mouths of the creeks.

(3) The Fish and Wildlife Conservation Commission has determined that the repeal of Brevard County Special Acts of Local Application, chapter 28927, Laws of Florida (1953), chapter 30601, Laws of Florida (1955), and chapter 63-910, Laws of Florida (1963), will not adversely affect the marine resources of Brevard County or of the State of Florida, therefore Brevard County Special Acts chapter 28927, Laws of Florida (1953), chapter 30601, Laws of Florida (1955), and chapter 63-910, Laws of Florida (1963), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 4-18-90, Formerly 46-3.009, Amended 2-1-17.

Fla. Admin. Code R. 68B-3.011 Repeal and Readoption of Portions of Chapter 61-2566, Laws of Florida (1961), Okaloosa County Special Act

(1) The Marine Fisheries Commission has determined that repeal and readoption of portions of chapter 61-2566, Laws of Florida (1961), an Okaloosa County Special Act, will not adversely affect the marine resources of Okaloosa County or of the State of Florida. The law closes certain areas of the county to shrimp trawling, places size limits on trawl gear used in Choctawhatchee Bay, and limits dead shrimp possession by live bait shrimp producers.

(2) Chapter 61-2566, Laws of Florida (1961), a rule of the Department of Natural Resources pursuant to Section 2, paragraph (5)(b) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 1-1-92, Formerly 46-3.011, Amended 8-14-24.

Fla. Admin. Code R. 68B-3.028 Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts

(1) The Marine Fisheries Commission has determined that the repeal of the following Escambia and Santa Rosa Counties Special Acts or portions thereof, as enumerated in subsection (2), and that the readoption of portions of chapter 7584, Laws of Florida (1917), and of chapter 78-502, Laws of Florida (1978), in conjunction with the adoption of comprehensive gear rules in chapter 68B-4, F.A.C., will not adversely affect the marine resources of these counties or of the State of Florida.

(2) The following special acts and portions thereof applicable to Escambia and Santa Rosa Counties, rules of the Department of Natural Resources pursuant to Section 2, subsection (5) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, are hereby repealed:

(a) Section 2 of chapter 78-501, Laws of Florida (1978), is repealed effective January 1, 1995. Applicable to Escambia County, this section establishes a minimum mesh size for nets in the county.

(b) Section 4 of chapter 78-501, Laws of Florida (1978), is hearby repealed. Applicable to Escambia County, Section 4 sets penalties for the use of net gear in violation of chapter 78-501, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(c) Chapter 78-502, Laws of Florida (1978), a law regulating net size and the use of nets applicable to Escambia and Santa Rosa Counties is repealed effective January 1, 1993.

(d) Chapter 7584, Laws of Florida (1917), is repealed effective January 1, 1993. Applicable to Santa Rosa County, this law establishes a minimum mesh size and minimum length for seines used in the county.

(e) Section 2 of chapter 26212, Laws of Florida (1949), is hearby repealed. Applicable to Santa Rosa County, Section 2 establishes penalties for the use of net gear in violation of chapter 26212, Laws of Florida (1949), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(f) Section 2 of chapter 78-613, Laws of Florida (1978), is hearby repealed. Applicable to Santa Rosa County, Section 2 sets penalties for the use of net gear in violation of chapter 78-613, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(g) Section 2 of chapter 65-1519, Laws of Florida (1965), is hereby repealed. Applicable to Escambia County, section 2 sets penalties for the use of net gear in violation of chapter 65-1519, Laws of Florida (1965), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(h) Sections 22 and 23 of chapter 81-376, Laws of Florida (1981), as amended by chapter 89-473, Laws of Florida (1989), are hereby repealed. Applicable to Escambia County, sections 22 and 23 set penalties for the use of net gear in violation of chapter 81-376, Laws of Florida (1981), as amended by chapter 89-473, Laws of Florida (1989), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-26-92, Amended 8-3-94, Formerly 46-3.028, Amended 2-1-17, 11-19-18.

Fla. Admin. Code R. 68B-3.029 Repeal and Readoption of Portions of Chapter 69-1097, Laws of Florida (1969), as Amended by Chapter 70-707, Laws of Florida (1970), and Chapter 73-482 (1973), Hernando County Special Act; Repeal of Portions of Chapters 18571 and 69-1103, Hernando County Special Acts of Local Application

(1) The Marine Fisheries Commission has determined that the repeal and readoption of portions of chapter 69-1097, Laws of Florida (1969), as amended by chapter 70-707, Laws of Florida (1970), and chapter 73-482, Laws of Florida (1973), a Hernando County Special Act, in conjunction with the adoption of comprehensive gear rules in chapter 68B-4, F.A.C., will not adversely affect the marine resources of Hernando County or of the State of Florida. The law prohibits stop netting, establishes a minimum mesh size and length for nets and seines, and provides for law enforcement and penalties.

(2) Chapter 69-1097, Laws of Florida (1969), as amended by chapter 70-707, Laws of Florida (1970), and chapter 73-482, Laws of Florida (1973), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2 subsection (5) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, is hereby repealed effective January 1, 1993.

(3) Prohibition of the Use of a Beach or Haul Seine from a Vessel Under Power – Beginning January 1, 1993, no person shall harvest fish from the saltwaters of Hernando County south of Raccoon Point, with a beach or haul seine from:

(a) A vessel propelled by any type of gasoline or diesel engine or engines, motor or motors, inboard or outboard, or

(b) Any vessel being pulled, towed, or pushed by another vessel which is propelled by any type of gasoline or diesel engine or engines, motor or motors, whether inboard or outboard.

(4) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Hernando County Special Acts of Local Application, chapter 18571, Laws of Florida (1937), as amended by chapter 19863, Laws of Florida (1939), and portions of chapter 69-1103, Laws of Florida (1969), will not adversely affect the marine resources of Hernando County or of the State of Florida.

(a) Section 3 of chapter 18571, Laws of Florida (1937), as amended by chapter 19863, Laws of Florida (1939), is hereby repealed.

(b) Section 3 of chapter 69-1103, Laws of Florida (1969), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-26-92, Amended 9-30-96, Formerly 46-3.029, Amended 2-1-17.

Fla. Admin. Code R. 68B-3.031 Repeal and Readoption of Portions of Chapter 21365, Laws of Florida (1941), Manatee County Special Act

(1) The Marine Fisheries Commission has determined that the repeal and readoption of portions of chapter 21365, Laws of Florida (1941), a Manatee County Special Act, in conjunction with the adoption of comprehensive gear rules in chapter 68B-4, F.A.C., will not adversely affect the marine resources of Manatee County or the State of Florida. This law prohibits the use of certain gear in certain bodies of water in Manatee County and prescribes the gear which may be used.

(2) Chapter 21365, Laws of Florida (1941), a rule of the Department of Natural Resources pursuant to Section 2, paragraph (5)(b) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, is hereby repealed effective January 1, 1993.

(3) Closed Areas for Fishing in Manatee County – Beginning January 1, 1993 no person shall fish with, set, or place any seine, haul seine, drag net, gill net, stop net, or any other seine or net, in the waters of the Manatee River and any of its tributaries and in the waters of Terra Ceia Bay and any of its tributaries, bayous and inlets in Manatee County, Florida as specified in paragraph (3)(a), except as expressly authorized in paragraph (3)(b).

(a) For purposes of this rule, the Manatee River is defined as all the waters of the river and its tributaries lying east of a line drawn from Davis Point, sometimes called Bishop’s Point, due north to the north bank thereof, and Terra Ceia Bay is defined as all the waters of the bay and its tributaries, bayous and inlets east of a line drawn from Snead’s Point to Terra Ceia Point.

(b) Fishing with a common hand cast net, as defined in subsection 68B-4.002(2), F.A.C., or a common bait net, defined as one not over 100 feet in length and not over 4 feet in depth, is permitted in all of the areas described in paragraph (3)(a).

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-26-92, Formerly 46-3.031, Amended 2-1-17.

Fla. Admin. Code R. 68B-3.032 Repeal of Portions of Chapters 71-770, 18683, and 19971, Laws of Florida, Martin County Special Acts

(1) The Marine Fisheries Commission has determined that the repeal of portions of chapter 71-770, Laws of Florida (1971), a Special Act of Martin County, in conjunction with the adoption of comprehensive gear rules in chapter 68B-4, F.A.C., will not adversely affect the marine resources of these counties or of the State of Florida. The portions of the law being repealed regulate gill net mesh, allowable twine and the manner of measuring mesh.

(a) Sections 4 and 5 of chapter 71-770, Laws of Florida (1971), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2 subsection (5) of chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, are repealed effective January 1, 1995.

(b) Sections 7, 14, and 15 of chapter 71-770, Laws of Florida (1971), rules of the Fish and Wildlife Conservation Commission (formerly the Department of Natural Resources) pursuant to section 2 subsection (5) of chapter 83-134, Laws of Florida, as amended by chapter 84-121, Laws of Florida, are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Martin County Special Acts of Local Application, chapter 18683, Laws of Florida (1937), and chapter 19971, Laws of Florida (1939), will not adversely affect the marine resources of Martin County or of the State of Florida.

(a) Section 2 of chapter 18683, Laws of Florida (1937), is hereby repealed.

(b) Section 2 of chapter 19971, Laws of Florida (1939), is hereby repealed.

(3) Allowable Nets in Martin County – Beginning January 1, 1993, no person shall fish with, set, or place in the inside waters of Martin County any net or trap except for the following:

(a) Minnow seines no more than thirty feet in length with no more than 500 square feet of mesh area, used only for catching bait;

(b) Cast nets;

(d) Crab traps authorized pursuant to rule chapter 68B-45, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-26-92, Amended 9-30-96, Formerly 46-3.032, Amended 2-1-17.

Fla. Admin. Code R. 68B-3.033 Repeal of Chapter 21147, and Portions of Chapters 15123, 30652, 61-2001, 63-1215 and 69-938, Citrus County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Citrus County Special Act of Local Application, chapter 21147, Laws of Florida (1941), will not adversely affect the marine resources of Citrus County or of the State of Florida, therefore Citrus County Special Act of Local Application, chapter 21147, Laws of Florida (1941), is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Citrus County Special Acts of Local Application, chapter 15123, Laws of Florida (1931), chapter 30652, Laws of Florida (1955), chapter 61-2001, Laws of Florida (1961), chapter 63-1215, Laws of Florida (1963), and chapter 69-938, Laws of Florida (1969), will not adversely affect the marine resources of Citrus County or of the State of Florida.

(a) Section 3 of chapter 15123, Laws of Florida (1931), is hereby repealed.

(b) Sections 3 and 4 of chapter 30652, Laws of Florida (1955), are hereby repealed.

(d) Section 2 of chapter 63-1215, Laws of Florida (1963), is hereby repealed.

(e) Section 3 of chapter 69-938, Laws of Florida (1969), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida. Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17, Amended 11-19-18.

Fla. Admin. Code R. 68B-3.034 Repeal of Dade County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Dade County Special Act of Local Application, chapter 6574, Laws of Florida (1913), will not adversely affect the marine resources of Dade County or of the State of Florida, therefore Dade County Special Act of Local Application, chapter 6574, Laws of Florida (1913), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.035 Repeal of Gulf County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Gulf County Special Act of Local Application, chapter 79-466, Laws of Florida (1979), will not adversely affect the marine resources of Gulf County or of the State of Florida, therefore Gulf County Special Act of Local Application, chapter 79-466, Laws of Florida (1979), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.036 Repeal of Portions of Chapter 6311, Lafayette County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Lafayette County Special Act of Local Application, chapter 6311, Laws of Florida (1911), will not adversely affect the marine resources of Lafayette County or of the State of Florida, therefore Sections 3 and 4 of Lafayette County Special Act of Local Application, chapter 6311, Laws of Florida (1911), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.037 Repeal of Chapter 15306, and Portions of Chapters 70-778 and 63-1554, Lee County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Lee County Special Act of Local Application, Chapter 15306, Laws of Florida (1931), will not adversely affect the marine resources of Lee County or of the State of Florida, therefore Lee County Special Act of Local Application, Chapter 15306, Laws of Florida (1931) is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Lee County Special Acts of Local Application, chapter 70-778, Laws of Florida (1970), and portions of chapter 63-1554, Laws of Florida (1963), as amended by chapter 79-494, Laws of Florida (1979), chapter 80-524, Laws of Florida (1980), chapter 81-409, Laws of Florida (1981), and chapter 83-441, Laws of Florida (1983), will not adversely affect the marine resources of Lee County or of the State of Florida.

(a) Section 3 of chapter 70-778, Laws of Florida (1970), is hereby repealed.

(b) Subsection (2) of section 1, and section 2 of chapter 63-1554, Laws of Florida (1963), as amended by chapter 79-494, Laws of Florida (1979), chapter 80-524, Laws of Florida (1980), chapter 81-409, Laws of Florida (1981), and chapter 83-441, Laws of Florida (1983), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17, Amended 11-19-18.

Fla. Admin. Code R. 68B-3.038 Repeal of Portions of Chapters 8796, 20045, and 31137, Palm Beach County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Palm Beach County Special Acts of Local Application, chapter 8796, Laws of Florida (1921), chapter 20045, Laws of Florida (1939), and chapter 31137, Laws of Florida (1955), will not adversely affect the marine resources of Palm Beach County or of the State of Florida.

(a) Sections 2 and 3 of chapter 8796, Laws of Florida (1921), as amended by chapter 11005, Laws of Florida (1925) and chapter 15301, Laws of Florida (1931) are hereby repealed.

(b) Sections 2 and 3 of chapter 20045, Laws of Florida (1939), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.039 Repeal of Chapter 71-838, and Portions of Chapters 6638, 14305, and 65-2078, Pasco County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Pasco County Special Act of Local Application, chapter 71-838, Laws of Florida (1971), will not adversely affect the marine resources of Pasco County or of the State of Florida, therefore chapter 71-838, Laws of Florida (1971), is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Pasco County Special Acts of Local Application, chapter 6638, Laws of Florida (1913), chapter 14305, Laws of Florida (1929), chapter 65-2078, Laws of Florida (1965), and chapter 71-838, Laws of Florida (1971), will not adversely affect the marine resources of Pasco County or of the State of Florida.

(a) Section 3 of chapter 6638, Laws of Florida (1913), as amended by chapter 8156, Laws of Florida (1919), and chapter 588, Laws of Florida (1978), is hereby repealed.

(b) Section 3 of chapter 14305, Laws of Florida (1929), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.040 Repeal of Portions of Chapters 21099, 23480, 27467, 29433, 76-482, and 81-465, Pinellas County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Pinellas County Special Acts of Local Application, chapter 21099, Laws of Florida (1941), chapter 23480, Laws of Florida (1945), chapter 27467, Laws of Florida (1951), chapter 29433, Laws of Florida (1953), chapter 76-482, Laws of Florida (1976), and chapter 81-465, Laws of Florida (1981), will not adversely affect the marine resources of Pinellas County or of the State of Florida.

(a) Section 2 of chapter 21099, Laws of Florida (1941), is hereby repealed.

(b) Section 3 of chapter 23480, Laws of Florida (1945), is hereby repealed.

(c) Section 3(a) and section 4 of chapter 27467, Laws of Florida (1951), as amended by chapter 28968, Laws of Florida (1951), are hereby repealed.

(d) Section 2 of chapter 29433, Laws of Florida (1953), is hereby repealed.

(e) Section 4 of chapter 76-482, Laws of Florida (1976), is hereby repealed.

(f) Section 2 of chapter 81-465, Laws of Florida (1981), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.041 Repeal of St. Lucie County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of St. Lucie County Special Acts of Local Application, chapter 8187, Laws of Florida (1919), chapter 11118, Laws of Florida (1925), chapter 31234, Laws of Florida (1955), and chapter 57-1791, Laws of Florida, will not adversely affect the marine resources of St. Lucie County or of the State of Florida, therefore St. Lucie County Special Acts chapter 8187, Laws of Florida (1919), chapter 11118, Laws of Florida (1925), chapter 31234, Laws of Florida (1955), and chapter 57-1791, Laws of Florida (1957), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida History–New 11-17-16.

Fla. Admin. Code R. 68B-3.042 Repeal of Chapters 24890, 57-1844, 63-1907, and 70-930, Sarasota County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Sarasota County Special Acts of Local Application, Chapter 24890, Laws of Florida (1947); chapter 57-1844, Laws of Florida (1957), as amended by chapter 63-1915, Laws of Florida (1963); chapter 63-1907, Laws of Florida (1963); and chapter 70-930, Laws of Florida (1970), will not adversely affect the marine resources of Sarasota County or of the State of Florida, therefore Sarasota County Special Acts of Local Application, chapter 24890, Laws of Florida (1947); chapter 57-1844, Laws of Florida (1957), as ameded by chapter 63-1915, Laws of Florida (1963); chapter 63-1907, Laws of Florida (1963); and chapter 70-930, Laws of Florida (1970), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17, Amended 11-19-18.

Fla. Admin. Code R. 68B-3.043 Repeal of Portions of Chapter 65-2369, Walton County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Walton County Special Act of Local Application, chapter 65-2369, Laws of Florida (1965), will not adversely affect the marine resources of Walton County or of the State of Florida, therefore Section 2 of Walton County Special Act of Local Application, chapter 65-2369, Laws of Florida (1965) is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 2-1-17.

Fla. Admin. Code R. 68B-3.044 Repeal of Bay County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Bay County Special Act of Local Application, chapter 24111, Laws of Florida (1947), as amended by chapter 25423, Laws of Florida (1949), will not adversely affect the marine resources of Bay County or of the State of Florida, therefore Bay County Special Act of Local Application, chapter 24111, Laws of Florida (1947), as amended by chapter 25423, Laws of Florida (1949), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.045 Repeal of a Portion of Chapter 25714, Broward County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of a portion of Broward County Special Act of Local Application, chapter 25714, Laws of Florida (1949), will not adversely affect the marine resources of Broward County or of the State of Florida, therefore Section 2 of Broward County Special Act of Local Application, chapter 25714, Laws of Florida (1949), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.046 Repeal of Clay County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Clay County Special Act of Local Application, chapter 15125, Laws of Florida (1931), will not adversely affect the marine resources of Clay County or of the State of Florida, therefore Clay County Special Act of Local Application, chapter 15125, Laws of Florida (1931), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.047 Repeal of Columbia County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Columbia County Special Act of Local Application, chapter 23010, Laws of Florida (1945), will not adversely affect the marine resources of Columbia County or of the State of Florida, therefore Columbia County Special Act of Local Application, chapter 23010, Laws of Florida (1945), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.048 Repeal of Dixie County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Dixie County Special Acts of Local Application, chapter 21093, Laws of Florida (1941), as amended by chapter 65-905, Laws of Florida (1965); chapter 21188, Laws of Florida (1941); and chapter 77-660, Laws of Florida (1977), will not adversely affect the marine resources of Dixie County or of the State of Florida, therefore Dixie County Special Acts of Local Application, chapter 21093, Laws of Florida (1941), as amended by chapter 65-905, Laws of Florida (1965); chapter 21188, Laws of Florida (1941); and chapter 77-660, Laws of Florida (1977), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.049 Repeal of Portions of Chapters 7119, 25828, 25830, 61-2162, and 76-374, Flagler County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Flagler County Special Acts of Local Application, chapter 7119, Laws of Florida (1915), chapter 25828, Laws of Florida (1949), chapter 25830, Laws of Florida (1949), chapter 61-2162, Laws of Florida (1961), and chapter 76-374, Laws of Florida (1976), as amended by chapter 77-554, Laws of Florida (1977), will not adversely affect the marine resources of Flagler County or of the State of Florida.

(a) Sections 4 and 5 of chapter 7119, Laws of Florida (1915), are hereby repealed.

(b) Section 2 of chapter 25828, Laws of Florida (1949), is hereby repealed.

(e) Section 2 of chapter 61-2162, Laws of Florida (1961), is hereby repealed.

(e) Sections 2, 3, and 4 of chapter 76-374, Laws of Florida (1976), as amended by chapter 77-554, Laws of Florida (1977), are hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 11-19-18.

Fla. Admin. Code R. 68B-3.050 Repeal of Levy County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Levy County Special Act of Local Application, chapter 57-1531, Laws of Florida (1957), will not adversely affect the marine resources of Levy County or of the State of Florida, therefore Levy County Special Act of Local Application, chapter 57-1531, Laws of Florida (1957), is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented Art. IV, Sec. 9, Florida Const., s. 2, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History–New 12-10-18.

Chapter 68B-4 GEAR SPECIFICATIONS AND PROHIBITED GEAR

Fla. Admin. Code R. 68B-4.002 Gear Definitions

As used in Division 68B, F.A.C., unless otherwise defined:

(1) “Breakaway gear” means any bob, float, weight, lure, or spoon that is affixed to a fishing line or hook with wire, line, rubber bands, plastic ties, or other fasteners designed to break off when a fish is caught.

(2) “Cast net” means a circular net thrown by hand and designed to spread out and capture fish as the weighted circumference sinks to the bottom and comes together when pulled by a line.

(3) “Entangling net” means a drift net, trammel net, stab net, or any other net which captures saltwater finfish, shellfish, or other marine animals by causing all or parts of heads, fins, legs, or other body parts to become entangled or ensnared in the meshes or in pockets of the net. This term does not include a cast net.

(4) “Frame net” means a net in the form of an elongated bag kept open by a rigid frame that is buoyed by floats and deployed behind a vessel, but is not dragged along the bottom.

(5) “Gill net” means one or more walls of netting which captures fish by ensnaring or entangling them in the meshes of the net by the gills. This term does not include a cast net.

(6) “Hook and line gear” means any handline, rod, reel, or pole to which line and ten or fewer hooks are attached. Hook and line gear includes a bob, float, weight, lure, plug, spoon, or bait that is attached to the gear described in the previous sentence.

(7) “Landing or dip net” means a hand-held net consisting of a mesh bag suspended from a circular, oval, or rectangular rigid frame attached to a handle.

(8) “Longline gear” means any single line or series of connected lines to which more than ten hooks are attached and which is used to harvest fish.

(9) “Mesh area” of a net means the total area of netting with the meshes open to comprise the maximum square footage. The square footage shall be calculated using standard mathematical formulas for geometric shapes. The square footage of seines and other rectangular nets shall be calculated using the maximum length and maximum width of the netting.

(10) “Multiple hook” means a treble hook, two or more fishhooks bound together to comprise a single unit, or any hook with a single shank and eye and two or more pointed ends.

(11) “Paired trawl” means a trawl consisting of an elongated bag of netting, with a panel of netting serving as a wing on each side of the trawl, that is either deployed behind a vessel or towed between two vessels, and does not tend the bottom.

(12) “Otter trawl” means a trawl with its mouth kept open by means of boards or doors on each side.

(13) “Powerhead” means any device employing an explosive charge or a release of compressed gas, usually attached to a speargun, spear, pole, or stick (known as a “bangstick”), which detonates upon contact.

(14) “Rebreather” means a closed circuit or semi-closed circuit underwater breathing apparatus that recycles and recirculates all or part of the gas mixture supplied for breathing. A rebreather is distinguished from other underwater breathing apparatuses by the inclusion of a scrubber (a component that removes carbon dioxide from the breathing gas) and a counterlung (a waterproof bag that allows the diver’s exhaled breath to be captured for scrubbing and recycling back to the diver for inhalation).

(15) “Seine” means a small-meshed net suspended vertically in the water, with floats along the top margin and weights along the bottom margin, which encloses and concentrates fish, and does not entangle them in the meshes.

(a) “Beach or haul seine” means a seine that is hauled or dragged over the bottom into shallow water or onto the beach, either by hand or with power winches.

(b) “Purse seine” means a seine that is pulled into a circle around fish with rings attached to the lower margin below the lead line to allow a purse line to be drawn to close the bottom of the seine.

(16) “Snagging” or “snatch hooking” means the intentional catch of a fish by any device intended to impale or hook the fish by any part of its body other than the mouth.

(17) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

(18) “Spotter plane” means any aircraft as defined in Section 330.27(1), F.S., used for aerial identification of the location of fish so that a vessel may be directed to the fish.

(19) “Stab or sink net” means a gill or trammel net, that sinks to the bottom when placed, set, or fished in water deeper than its hanging depth.

(20) “Trammel net” means a net constructed of two or more walls of netting hung from the same cork and lead lines, with one wall having a larger mesh than the other(s), which traps a fish in a pocket of netting when the fish pushes the smaller mesh wall through a mesh in the larger mesh wall.

(21) “Trap” means a device used for taking marine species, in the form of an enclosure that provides a means for such species to enter and a means by which exit from the device is prevented.

(22) “Trap puller” means any mechanical device used to retrieve or capable of retrieving a trap used to harvest marine life. An anchor winch at or near the bow of a vessel is not considered a trap puller.

(23) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom.

(24) “Underwater breathing apparatus” means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is able to obtain or reuse air or any other gas or gasses for breathing without returning to the surface of the water.

(25) “Wing,” with reference to a seine, means a panel of netting on one or both ends of the seine, which panel has a larger mesh than the main body of the seine and is used to guide fish into the main body of the seine.

(26) The term “net” or “netting” shall be broadly construed to include all manner or combination of mesh or webbing or any other solid or semi-solid fabric or other material used to comprise a device that is used to take or harvest marine life.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 1-1-89, Amended 11-26-92, 1-1-97, 4-27-98, Formerly 46-4.002, Amended 12-2-99, 7-1-04, 7-15-04, 3-1-05, Amended 9-1-13.

Fla. Admin. Code R. 68B-4.0025 Other Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 11-26-92, Amended 1-1-97, Formerly 46-4.0025, Repealed 9-1-13.

Fla. Admin. Code R. 68B-4.004 Use of Power With Certain Gear Prohibited in Inside Waters; Exceptions; Definition

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 10-19-89, Amended 11-26-92, 9-30-96, Formerly 46-4.004, Repealed 7-1-01.

Fla. Admin. Code R. 68B-4.005 Repeal and Replacement of Section 370.08(7), Florida Statutes; Specialized Gear, Special Activity Licenses

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 4-18-90, Amended 11-26-92, 9-1-93, Formerly 46-4.005, Repealed 7-1-04.

Fla. Admin. Code R. 68B-4.007 Gear Specification for Certain East Coast Counties: Closure of Certain Martin County Waters to Seine Fishing; Repealing and Readopting a Portion of Section 6 of Chapter 71-770, Laws of Florida, a Matin County Special Act

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 7-4-91, Amended 1-23-94, 1-3-95, 9-30-96, Formerly 46-4.007, Repealed 2-27-03.

Fla. Admin. Code R. 68B-4.008 Statewide Seine Tending and Marking Requirements; Repeal of Section 370.082, Florida Statutes

(1) Each seine fished with, set, or placed in the water shall be tended.

(2)(a) Each seine fished with, set, or placed in the water shall be legibly marked at each end with the saltwater products license number of the person in possession of the seine or of the vessel on which the seine is possessed or the name and address of the person possessing the seine if such person is a recreational harvester.

(b) Each gill net or entangling net possessed aboard a vessel shall be permanently and legibly marked at each end with a saltwater products license number which matches either:

The saltwater products license number issued for the vessel on which the net is possessed or from which the net is deployed, or
The saltwater products license number of the operator of the vessel on which the net is possessed or from which the net is deployed.

(3) For purposes of this rule, the term “tend” means that the person fishing with, setting, or placing the seine in the water is physically present at the seine.

(4) This rule shall not be construed to allow seine fishing in closed areas or the use of any fishing gear otherwise prohibited by law or rule.

(5) It is the intent of this rule to expressly effect the repeal of and replace Section 370.082, F.S. The Marine Fisheries Commission has determined that the repeal of this law will not adversely affect the marine resources of the State of Florida.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 3-1-92, Amended 7-18-94, 4-27-98, Formerly 46-4.008.

Fla. Admin. Code R. 68B-4.0081 Statewide Net Gear Specifications; Soaking Requirements; Definitions; Cast Net Specifications

(1) This rule is intended to implement prohibitions and restrictions of Article X, Section 16 of the Florida Constitution. As used there and in this rule, the term “net” or “netting” shall be broadly construed to include all manner or combination of mesh or webbing or any other solid or semisolid fabric or other material used to comprise a device that is used to take or harvest marine life.

(2) The following gear specifications shall apply in all state waters:

(a) The use or placement in the water of any gill or entangling nets of any size is prohibited.

(b) Any net constructed wholly or partially of monofilament or multistrand monofilament material, other than a hand thrown cast net, or a handheld landing or dip net, shall be considered an entangling net prohibited by Article X, Section 16 of the Florida Constitution, and this rule, unless otherwise authorized by rule of the Commission. The term “multistrand monofilament” does not include braided or twisted twines made of nylon, cotton, linen, or polypropylene.

(c) No person shall take or harvest, or attempt to take or harvest, any marine life in Florida waters with any net that is larger than 500 square feet in mesh area that has not been authorized by rule of the Commission. The use of a shrimp trawl, purse seine, jellyfish paired trawl, or calico scallop otter trawl that is larger than 500 square feet in mesh area, outside nearshore and inshore waters, shall be considered so authorized for purposes of this paragraph.

(d) No person shall fish with, set, or place in the water any net, other than a cast net, landing or dip net, jellyfish paired trawl, or calico scallop otter trawl with a mesh size greater than 2 inches stretched mesh. Any such net, with a mesh size greater than 2 inches stretched mesh shall be considered an entangling net for purposes of paragraph (a).

(e) No person shall soak a net for more than one hour, beginning when the first mesh is placed in the water and ending when the first mesh is retrieved back aboard the vessel or on shore. Once the first mesh is retrieved, the net operation shall be continuous until the net is completely removed from the water. This prohibition shall not apply to shrimp trawls, purse seines, jellyfish paired trawls, or calico scallop otter trawls.

(3) The following net gear specifications shall apply in nearshore and inshore Florida waters:

(a) No person shall fish with, set, or place in the water any net with a mesh area greater than 500 square feet.

(b) The mesh area of a net of uniform construction, other than a cast net or net in the form of an elongated bag, is determined by multiplying the maximum length by the maximum width of the net. The maximum length of such a net is determined by multiplying the number of meshes along the corkline of the net by the bar measurement of the mesh in the net. The number of meshes along the corkline is determined by counting the number of meshes per tie and multiplying that by the total number of ties along the corkline. The maximum width, or depth, of such a net is determined by multiplying the number of meshes between the corkline and leadline of the net by the bar measurement of the mesh in the net. If a net, other than a cast net or net in the form of an elongated bag, is constructed in a nonuniform manner, the mesh area shall be determined by adding together the mesh area of the component parts.

(c) No more than two nets shall be fished with, set, or placed in the water from a single vessel at any one time. No more than one net shall be fished with, set, or placed in the water by any person not on a vessel.

(d) No person shall connect, tie, or otherwise fasten together two or more nets in any manner so as to fish with, set, or place in the water a net exceeding the 500 square feet limit specified in paragraph (a). Two nets sharing the same corkline or leadline with a combined mesh area exceeding 500 square feet shall be considered connected and a violation of Article X, Section 16 of the Florida Constitution and this rule.

(e) No net may have more meshes attached per foot of corkline or leadline than 14 divided by the bar measurement of the mesh in the net. A net with more than this number of meshes attached per foot of corkline or leadline shall be considered an entangling net for purposes of this rule and Article X, Section 16 of the State Constitution.

(4) Cast Nets.

(a) The Fish and Wildlife Conservation Commission finds that the maximum specifications established for cast nets in paragraph (b) are appropriate to allow the largest cast nets that can be reasonably, practically, and effectively thrown by hand to take marine species in nearshore and inshore Florida waters, within the 500-square foot limit imposed by Article X, Section 16(b) of the State Constitution.

(b) No person shall fish with, set, or place in nearshore and inshore Florida waters any cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) greater than 14 feet. No more than two cast nets shall be fished in such waters from a single vessel at any time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 11-26-92, Amended 4-12-93, 1-1-97, 4-27-98, Formerly 46-4.0081, Amended 12-2-99., 7-1-05

Fla. Admin. Code 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.

(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.

(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 aftermost 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.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9 and Art X, Sec. 16, Fla. Const. History–New 7-1-03.

Fla. Admin. Code R. 68B-4.0083 Food Fish: Gear and Other Restrictions; Use of Explosives to Kill Fish Prohibited; Certain Uses of Frame Nets Prohibited; Stop Netting Prohibited; Possession of Certain Proscribed Nets Prohibited; Use of Chemicals Prohibited

(1)(a) All persons taking food fish from any of the waters of this state by use of seines, nets, or other fishing devices and not using any of such fish because of size or other reasons shall immediately release and return such fish alive to the water from which taken and no such fish may be placed or deposited on any bank, shore, beach or other place out of the water.

(b) No person shall take any food fish from Florida waters for the purpose of making oil, fertilizer, or compost therefrom. Purse seines may be used for the taking of nonfood fish for such purposes.

(c) No person may take food fish within or without the waters of the state with a purse seine, purse gill net, or other net using rings or other devices on the lead line thereof, through which a purse line is drawn, or pound net, or have any food fish so taken in his or her possession for sale or shipment. The provisions of this paragraph shall not apply to shrimp nets or to pound nets or purse seines when used for the taking of tuna or menhaden fish only.

(d) For purposes of this rule, the term “food fish” shall include mullet, trout, redfish, sheepshead, pompano, mackerel, bluefish, snapper, grouper, black drum, jack crevalle, and all other fish generally used for human consumption.

(2) No person may throw or cause to be thrown, into any of the waters of this state, any dynamite, lime, other explosives or discharge any firearms whatsoever for the purpose of killing fish therein. The landing ashore or possession on the water by any person of any fish that has been damaged by explosives is prima facie evidence of violation of this section.

(3) Except as may be authorized by rules of the Commission, it is unlawful for any person, while fishing or attempting to fish for any marine species, to attach or otherwise secure a frame net, trawl net, trap net, or similar device to any state road bridge or associated structure situated over any saltwater body or to use more than one such net or device while fishing from such bridge or structure. The term “frame net” shall have the meaning ascribed in Rule 68B-31.002, F.A.C., and shall not include any cast net, landing or dip net, or any similar hand-held device.

(4) It is unlawful for any person to obstruct any river, creek, canal, pass, bayou or other waterway in this state by placing or setting therein any screen, net, seine, rack, wire or other device, or to use, set, or place any net or seine or similar device of any kind, either singularly or in rotation or one behind another in any manner whatsoever so as to prevent the free passage of fish.

(5) No person shall possess in any county of this state any fishing net, the use of which for fishing purposes in such county is prohibited by Special Act or rule of the Commission. Such possession shall be evidence of a violation of this subsection by both the owner thereof and the person using or possessing said net. The provisions of this subsection shall not apply to shrimp nets, to pound nets or to purse seines when used in taking menhaden fish, to seines used exclusively for taking herring, or to legal beach or haul seines used in the open Gulf of America or Atlantic Ocean, if the possession of such nets is not prohibited in the county where found. This subsection shall also not apply to nets being lawfully transported pursuant to Rule 68B-4.0082, F.A.C.

(6) It is unlawful for any person to place poisons, drugs, or other chemicals in the marine waters of the state for the purposes of harvesting any marine life, unless that person has obtained a special activity license pursuant to Rule 68B-8.014, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended 8-14-24.

Fla. Admin. Code R. 68B-4.0086 Hook and Line Gear: Tending Requirement

Beginning January 1, 1993, hook and line gear used in or on the waters of the State shall be tended. The term “tended” for purposes of this rule means that the person fishing the gear is physically present at the terminus of the gear.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-26-92, Formerly 46-4.0086.

Fla. Admin. Code R. 68B-4.0087 Longlines: Use and Possession in or on State Waters Prohibited; Exception

Beginning January 1, 1993, no person shall fish with, set, or place in state waters any longline gear. Except for persons in transit through state waters to fish in and return from the waters of another state or from federal Exclusive Economic Zone (EEZ) waters where the use of such gear is legal, no person shall possess aboard any vessel in or on state waters any longline gear.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-26-92, Formerly 46-4.0087.

Fla. Admin. Code R. 68B-4.009 Monofilament Line and Netting: Prohibition of Intentional Discard, Recovery Requirements, Recommendations for Appropriate Disposal

(1) No person shall intentionally discard any monofilament fishing line or monofilament netting into or onto the waters of the state. Waste monofilament fishing line and monofilament netting shall be disposed of on land and, if the material is possessed aboard a vessel, it shall be safely kept aboard the vessel until such disposal can be accomplished.

(2) Any person recovering monofilament fishing line from the waters of the state shall dispose of such material pursuant to subsection (1), of this rule. If the volume or condition of such material precludes the proper disposal thereof, the person shall notify the Division of Law Enforcement of its location. No person shall recover or attempt to recover any monofilament netting found in the waters of the state without first having notified the Division of Law Enforcement. No such netting shall be recovered from state waters without an officer of the Division of Law Enforcement being present to supervise the recovery and disposal of the material. This subsection shall not apply to monofilament netting found and recovered by any law enforcement agency in the state, or to any cast net or landing or dip net.

(3) Each person operating a vessel in or on the waters of the state is encouraged to designate a container aboard the vessel for waste disposal of monofilament fishing line.

(4) This rule is not intended as an exception to, or defense to any violation of, Rule 68B-4.008, 68B-4.0081 or 68B-4.0082, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Formerly 46-4.009, Amended 4-1-07.

Fla. Admin. Code R. 68B-4.010 Prohibition of Fishing with Motorized Vessels in Lake Avoca, Pinellas County

No person shall use any gasoline or electric motorized vessel to seek, take, or attempt to take any fish in or on Lake Avoca in Pinellas County.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Formerly 46-4.010.

Fla. Admin. Code R. 68B-4.011 Prohibition of Net Fishing in Faka Union River, Collier County

No person shall fish with, set, or place any net, other than a cast net or landing or dip net, in the waters of the Faka Union River (also known as the Faka Union Canal), or any tributary thereof, in Collier County, between 25°54.867'' North Latitude southward to the mouth of the river, defined as a straight line between a point at 25°54.160'N, 81°30.929'W and a point at 25°54.160'N, 81°30.549'W extended on either side to the adjacent mangrove shorelines.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Formerly 46-4.011, Amended 4-13-17.

Fla. Admin. Code R. 68B-4.012 Diving: Powerheads and Rebreathers, Use to Harvest Fish in State Waters Prohibited; Definition; Spearfishing Marine Species in Fresh Water Prohibited

(1) Powerheads.

(a) No person shall use any powerhead to harvest any fish in state waters. Powerheads may be possessed while diving in state waters for the purpose of personal protection.

(b) The possession of any fish other than lionfish that has been harvested with a powerhead, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.

(c) The term “harvest” for purposes of this subsection means the catching or taking of a fish by killing or wounding it, followed by a reduction of such fish to possession.

(2) Rebreathers.

(a) Except for persons harvesting lionfish (genus Pterois), no person diving in state waters by means of a rebreather shall harvest any marine species. Use of rebreathers for any nonconsumptive purpose is allowed in state waters.

(b) The possession of any fish other than lionfish that has been harvested by a person diving in state waters by means of a rebreather, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.

(c) The term “harvest” for purposes of this subsection means the catching or taking of a marine species by any means, followed by a reduction of the species to possession, whether or not the species has been killed or wounded.

(3) Spearfishing: No person shall harvest or attempt to harvest any marine species by the use of any hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, while diving in fresh water.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-26-92, Amended 7-15-96, 1-1-97, Formerly 46-4.012, Amended 7-1-01, 3-1-05, 8-1-14.

Fla. Admin. Code R. 68B-4.013 Limitation on Use of Spotter Planes

Beginning January 1, 1993, no person shall harvest any marine fish in any waters of the state with the aid of any spotter plane, except for those species allowed to be harvested with a purse seine pursuant to paragraph 68B-4.0083(1)(c), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 370.025, 370.027 FS. History–New 11-26-92, Amended 9-30-96, Formerly 46-4.013, Amended 3-1-05.

Fla. Admin. Code R. 68B-4.014 Southwest Florida Purse Seine Restrictions: Gear Specifications; Area Limitation; Local Law Repeals

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 7-1-93, Amended 9-30-96, Formerly 46-4.014, Repealed 2-1-17.

Fla. Admin. Code R. 68B-4.015 Gear Specifications for the Panhandle Region: Recreational Net Fishing; Areas Closed to Net Fishing

The requirements in this rule shall apply in the Panhandle Region, which shall include the state waters of Gulf, Bay, Walton, Okaloosa, Santa Rosa, and Escambia Counties.

(1) No person shall fish with, set, or place any beach or haul seine in the waters of the region described in this subsection to harvest or attempt to harvest any marine fish.

(a) All the waters of Lake Wimico and its tributaries, including the Jackson River from its confluence with the Apalachicola River westward to the lake, Depot Creek, the Intracoastal Waterway from a line intersecting each shoreline drawn through Flashing Red Marker 10 on the north and Green Marker 1 on the south (near the eastern end of East Bay) eastward to the lake, and the Gulf County Canal from the US Highway 98 (Highland View) Bridge northeastward to the Intracoastal Waterway.

(b) All the waters of Sandy Creek, its tributaries, and within 100 yards of its mouth in East Bay, in Bay County. The mouth of Sandy Creek shall be construed to be the narrowing of the waterbody near 30°03'30" N. Latitude.

(c) All of the waters of Walkley Bayou (also known as Bull Bayou), its tributaries, and within 100 yards of its mouth in East Bay, in Bay County.

(d) All of the waters of Farmdale Bayou (also known as Maddox Bayou), its tributaries, and within 100 yards of its mouth in East Bay, in Bay County.

(e) All of the waters of Cook’s Bayou (also known as Laird Bayou), its tributaries, and within 100 yards of its mouth in East Bay, in Bay County. The mouth of Cook’s Bayou shall be construed to be the narrowing of the water body just south of 30°07'25" N. Latitude.

(f) All of the waters of Callaway Bayou and its tributaries north of a straight line beginning at Wilson Point on the west and running northeasterly to Green Point on the east, in Bay County.

(g) All of the waters of Doty’s Cove (also known as Emmon’s Cove), its tributaries, and within 100 yards of its mouth in East Bay, in Bay County.

(h) All of the waters of Martin Lake and its tributaries east of US Business Highway 98 in Bay County.

(i) All of the waters of Watson Bayou, its tributaries, and within 100 yards of its mouth in East Bay, in Bay County.

(j) All of the waters of Massalina Bayou and its tributaries northeast of Beach Drive, in Bay County.

(k) All of the waters of Johnson Bayou and its tributaries north of Beach Drive, in Bay County.

(l) All of the waters of Mill Bayou, its tributaries, and within 100 yards of its mouth in North Bay, in Bay County.

(m) All of the waters of Pretty Bayou, its tributaries, and within 100 yards of its mouth in West Bay, in Bay County.

(n) All of the waters of Burnt Mill Creek (or Bayou) north of a straight line beginning at Graze Point on the west and running southeasterly to Cedar Point on the east, in Bay County.

(o) All of the waters of Crooked Creek and its tributaries north of a straight line beginning at Crooked Point on the west and running northeasterly to Doyle Point on the east, in Bay County.

(p) All of the waters of Lake Powell and Phillips Inlet, their tributaries, and within 100 yards of the mouth of Phillips Inlet in the Gulf of America, in Bay and Walton Counties.

(q) All of the waters of Pippin Lake, its tributaries, and within 100 yards of its mouth in Choctawhatchee Bay, in Okaloosa County.

(r) All of Blackwater Bay and its tributaries north of the Interstate 10 Bridge, in Santa Rosa County.

(2)(a) The Marine Fisheries Commission has determined that repeal of Chapter 19694, Laws of Florida (1939), as amended by Chapter 63-1112, Laws of Florida (1963), and Chapter 71-534, Laws of Florida (1971), Bay County special acts, in conjunction with the adoption of subsection (3) of this rule, will not adversely affect the marine resources of Bay County or of the State of Florida. Applicable to Bay County, these special acts close certain local small bodies of water in the county to nets.

(b) Chapter 19694, Laws of Florida (1939), as amended by Chapter 63-1112, Laws of Florida (1963), and Chapter 71-534, Laws of Florida (1971), rules of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 3-16-93, Amended 9-30-96, Formerly 46-4.015.

Fla. Admin. Code R. 68B-4.017 Gear Specifications for the Southwest Region: Exceptions to Statewide Net Gear Requirements; Areas Closed to Net Fishing; J. N. “Ding” Darling National Wildlife Refuge/Sanibel Conservation Zone; Blind Pass Seasonal Closure to Net Fishing; Definition

The requirements in this rule shall apply in the Southwest Region, which shall include the state waters of Collier, Lee, Charlotte, Sarasota, Manatee, Hillsborough, and Pinellas Counties.

(1) In Manatee, Sarasota, Charlotte, Lee, and Collier Counties, a two net seine, consisting of a main net and unattached wing, may be possessed and fished if the following operational requirements and specifications are met:

(a) Neither seine shall have a mesh area exceeding 500 square feet, and the two seines shall not be connected.

(b) One end of the main net shall be anchored on the shore.

(c) During the period beginning one hour after official sunset and ending one hour before official sunrise, a boat with a white light visible 3600 from a distance of not less than one mile shall be anchored at the most seaward point of the seine.

(d) The seine shall not be soaked for more than 12 hours, beginning when the first mesh is placed in the water and ending when the first mesh is retrieved on shore. Once the first mesh is retrieved on shore, the net retrieval and fish clearing operation shall be continuous until all parts of the net are completely removed from the water.

(e) The tending requirements of subsection 68B-4.008(1), F.A.C., shall be observed.

(f) The seine allowed by this subsection shall not be fished in the inside waters of the counties to which this subsection applies. This shall not be construed to prohibit the anchoring of the main net on shore, when the remainder of the main net and the wing are fished outside the Colregs Demarcation Line.

(2) During the period beginning on November 1 of each year and continuing through January 31 of the following year, no person shall fish with, set, or place any beach or haul seine in the waters of the region described in this subsection to harvest or attempt to harvest any marine fish.

(a) All the waters of the Gordon River in Collier County and its tributaries north of US 41.

(b) All the waters of the Imperial River in Lee County and its tributaries, including those connecting the Imperial River with Big Hickory Bay, upstream of a line immediately east of the intersection of channels connecting the river with Fish Trap Bay and Little Hickory Bay, which line runs between a point located at 26°20.150'N, 81°50.300'W on the east side of the river to a point located at 26°20.150'N, 81°50.333'W on the west side of the river.

(c) All of the Estero River in Lee County and its tributaries, including those connecting the Estero River with Rocky Bay, upstream of the mouth of the river, which is east of a line that runs between a point at 26°25.850'N, 81°51.505'W on the north side of the river mouth to a point at 26°25.835'N, 81°51.486'W on the south side of the river mouth.

(d) All of Hendry Creek in Lee County and its tributaries, upstream of the mouth of the river, which is north of a line that runs between Dixon Point at 26°27.488'N, 81°52.221'W on the west side of the river mouth and the northernmost edge of the mouth of Mullock Creek at 26°27.694'N, 81°52.097'W on the east side of the river mouth.

(e) All of the Myakka River in Charlotte and Sarasota Counties and its tributaries north and west of State Road 776 at El Jobean.

(f) All of the Alafia River in Hillsborough County and its tributaries east of US Highway 41 at Gibsonton.

(g) All of Hillsborough River in Hillsborough County and its tributaries north of the Platt Street Bridge in Tampa.

(3) J. N. “Ding” Darling National Wildlife Refuge/Sanibel Conservation Zone – Within the following described area in proximity to Sanibel Island in Lee County, no person shall harvest or attempt to harvest any marine species from any vessel to which is attached or which contains a simultaneously operating internal combustion engine.

Beginning at the mean high water line at a point due north from the intersection of Dixie Beach Boulevard and Woodring Road, and proceeding north (waterward) 300 feet; thence generally westerly at a set distance of 300 feet offset from the irregular contours of the mangrove shoreline and continuing 300 feet waterward of the Wulfert Keys to the center line of Blind Pass; thence southwest to the Gulf of America at a point 300 feet waterward of the center of Blind Pass; thence southeast to the southeastern extent of the mouth of Clam Bayou Pass, and including all waterways, bays, creeks, and bayous landward of the boundary line.

(4) Blind Pass Seasonal Closure to Net Fishing – Within the following described area, during the period beginning on November 1 of each year and continuing through January 31 of the following year, no person shall fish with, set, or place in the water any cast net.

Beginning at the northern side of the mouth of Dinken Bayou (also known as Jenkins Bayou) on Sanibel Island and proceeding southwesterly to the south side of the mouth of Roosevelt Channel on Captiva Island; thence following the shoreline of Captiva Island southwesterly to the conjunction of Captiva Island with the Colregs Demarcation Line on the northwest side of the mouth of Blind Pass on the Gulf of America; thence following the Colregs Demarcation Line to the southeast side of the mouth of Blind Pass on Sanibel Island; thence northeasterly to the southern side of the mouth of Dinken Bayou; thence continuously along the interior shoreline of Dinken Bayou to the point of beginning.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-93, Amended 9-30-96, Formerly 46-4.017, Amended 4-13-17.

Fla. Admin. Code R. 68B-4.018 Boca Grande Pass Gear Restrictions

(1) BOCA GRANDE PASS – For purposes of the restrictions specified in subsections (2) and (3), Boca Grande Pass shall consist of all waters located within the following boundaries:

Begin at the westernmost edge of the Phosphate Dock (26°43.216' North Latitude, 82°15.517' West Longitude) on the southeast bay side of Gasparilla Island; thence proceed due east on a straight line to the westernmost edge of the intracoastal waterway (26°43.216' North Latitude, 82°14.703' West Longitude); thence proceed in a southerly direction to the #75 Intracoastal Waterway Marker (26°42.299' North Latitude, 82°14.580' West Longitude) on the northeast bay side of Cayo Costa; thence proceed around the northern tip of Cayo Costa along the shore to the QR test buoy (26°42.002' North Latitude, 82°15.448' West Longitude) on the northwest Gulf coast side of Cayo Costa; thence proceed westerly on a straight line to the Charlotte Harbor Channel LB 6 buoy (26°42.299' North Latitude, 82°16.551' West Longitude) marking the entrance to Boca Grande Pass; thence proceed northeast on a straight line to the easternmost edge of the concrete pier ruins (26°43.165' North Latitude, 82°15.778' West Longitude) at the lighthouse beach on the southwest Gulf side of Gasparilla Island; thence proceed along the shore around the southern tip of Gasparilla Island to the Phosphate Dock, the point of beginning.

(2) In Boca Grande Pass, weight shall not be attached to any hook, artificial fly or lure in a manner such that the weight hangs lower than the hook when the line or leader is suspended vertically from the rod. Such gear may not be attached to any rod, line, or leader and must be stowed as to make its immediate use as a fishing implement impracticable.

(3) In Boca Grande Pass, during the months of April, May, and June each year:

(a) A maximum of three fishing lines may be deployed from a vessel at any one time.

(b) No person shall use, fish with, or place in the water any breakaway gear.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-1-13, 9-13-16.

Fla. Admin. Code R. 68B-4.019 Prohibition of Trap Pullers on Recreational and Certain Commercial Vessels

No person shall operate any vessel with a trap puller aboard unless such vessel is operated commercially pursuant to a saltwater products license with either a lobster trap endorsement, stone crab trap endorsement, blue crab trap endorsement, sea bass trap endorsement, or a federal fish trap endorsement. This prohibition shall not apply to a person operating a vessel with a trap puller aboard who has been granted an accommodation by the Commission under the Americans With Disabilities Act to possess and use such gear or to a person engaging in aquaculture and possessing an aquaculture certificate issued pursuant to Section 597.004, F.S., or a federal aquacultured live rock permit issued pursuant to 50 C.F.R. 622.4(a)(3)(iii). However, a person taking advantage of this exception for aquaculture activities shall not be in possession of any lobsters, crabs, finfishes, or any other wild-caught species regulated by the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 7-15-04, Amended 1-3-05.

Fla. Admin. Code R. 68B-4.020 Saltwater Fish Traps

(1) It is unlawful for any person to fish with, set, or place in the waters of the state any trap other than those listed in this subsection.

(a) A blue crab trap authorized by and used according to the requirements of rule Chapter 68B-45, F.A.C.

(b) A spiny lobster trap authorized by and used according to the requirements of rule Chapter 68B-24, F.A.C.

(d) A black sea bass trap authorized by and used according to the requirements of paragraph 68B-14.005(1)(b), F.A.C.

(e) A shrimp trap authorized by and used according to the requirements of subparagraph 68B-31.006(1)(a)5., F.A.C.

(f) A pinfish trap not exceeding 2 feet in any dimension, with a throat or entrance not exceeding 3 inches in height by 3/4 inch in width.

(g) A trap authorized for the harvest of freshwater fish by rule Chapter 68A-23, F.A.C.

(2) It is unlawful for any person to land, take, sell, or offer for sale any saltwater fish caught in state waters by any trap other than a trap specified in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended 8-14-24.

Chapter 68B-5 MISCELLANEOUS

Fla. Admin. Code R. 68B-5.002 John Pennekamp Coral Reef State Park: Prohibition on Harvest of Certain Species, Size Limit; Trappers to Comply with Rule 68B-24.0065, F.A.C

(1) No person shall take, kill, or possess any of the following fish in John Pennekamp Coral Reef State Park:

(a) Angelfishes – Family Pomacanthidae.

(b) Basslets – Family Grammidae.

(d) Bigeyes – Family Priacanthidae.

(e) Bonnetmouths – Family Inermiidae.

(f) Butterflyfishes – Family Chaetodontidae.

(g) Cardinalfishes – Family Apogonidae.

(h) Clingfishes – Family Gobiesocidae.

(i) Clinids – Family Clinidae.

(j) Combtooth blennies – Family Blenniidae.

(k) Congers – Family Congridae.

(l) Cornetfishes – Family Fistulariidae.

(m) Damselfishes – Family Pomacentridae.

(n) Dragonets – Family Callionymidae.

(o) Drums – Genera Equetus, Pareques and Odontoscion.

(p) False morays – Family Chlopsidae.

(q) Frogfishes (Sargassumfishes) – Family Antennariidae.

(r) Goatfishes – Family Mullidae.

(s) Gobies – Family Gobiidae.

(t) Hawkfishes – Family Cirrhitidae.

(u) Jawfishes – Family Opistognathidae.

(v) Morays – Family Muraenidae.

(w) Muraenesocids – Family Muraenesocidae.

(x) Parrotfishes – Family Scaridae.

(y) Pikeblennies – Family Chaenopsidae.

(z) Porcupinefishes – Family Diodontidae.

(aa) Puffers – Family Tetraodontidae.

(bb) Sand stargazers – Family Dactyloscopidae.

(cc) Scorpionfishes – Family Scorpaenidae except for species in the Genus Pterois.

(dd) Sea basses – Genera Hypoplectrus, Serranus, Schultzea, Paranthias, Liopropoma, and Diplectrum and the species Epinephelus itajara (jewfish).

(ee) Sea chubs – Family Kyphosidae.

(ff) Seahorses and Pipefishes – Family Syngnathidae.

(gg) Snake eel – Family Ophichthidae.

(hh) Soapfishes – Genus Rypticus.

(ii) Soles – Family Achiridae.

(jj) Spaghetti eels – Family Moringuidae.

(kk) Squirrelfishes – Family Holocentridae.

(ll) Stargazers – Family Uranoscopidae.

(mm) Surgeonfishes – Family Acanthuridae.

(nn) Sweepers – Family Pempheridae.

(oo) Threadfins – Family Polynemidae.

(pp) Toadfishes – Family Batrachoididae.

(qq) Tonguefishes – Family Cynoglossidae.

(rr) Triggerfishes and Filefishes – Families Balistidae and Monacantidae.

(ss) Trumpetfishes – Family Aulostomidae.

(tt) Trunkfishes – Family Ostraciidae.

(uu) Wrasses – Genera Clepticus, Halichoeres, Hemipteronotus, Thalassoma, Decodon, Doratonotus, and Bodianus.

(2) Size Limit – No person shall take, kill, or possess any fish in John Pennekamp Coral Reef State Park smaller than 8 inches in total length. This subsection shall not apply to those species for which a specific minimum size limit has been otherwise established by law or rule or to any of the following fish:

(a) Anchovies – Family Engraulidae.

(b) Grunts – Family Haemulidae.

(d) Jacks – Family Carangidae.

(e) Mullets – Family Mugilidae.

(f) Pinfish – Species Lagodon Rhomboides.

(g) Sardines – Family Clupeidae.

(h) Lionfish – Genus Pterois.

(3) Persons harvesting spiny lobster or other species of the Genera Panulirus or Scyllarides, in John Pennekamp Coral Reef State Park, or using traps to harvest spiny lobster, stone crabs, or blue crabs within the park, shall comply with the provisions of rule 68B-24.0065, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 7-3-89, Amended 6-1-94, Formerly 46-5.002, Amended 7-27-10.

Fla. Admin. Code R. 68B-5.003 Warren Bayou (Bay County) Special Seasonal Harvest Closure

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 3-16-93, Formerly 46-5.003, Repealed 6-15-17.

Fla. Admin. Code R. 68B-5.005 Divers: Fish Feeding Prohibited; Prohibition of Fish Feeding for Hire; Definitions

(1) No diver shall engage in the practice of fish feeding.

(2) No person shall operate any vessel for hire for the purpose of carrying passengers to any site in the saltwaters of the state to engage in fish feeding or to allow such passengers to observe fish feeding.

(3) For purposes of this rule:

(a) “Diver” means any person who is wholly or partially submerged in the water, and is equipped with a face mask, face mask and snorkel, or underwater breathing apparatus.

(b) “Fish feeding” means the introduction of any food or other substance into the water by a diver for the purpose of feeding or attracting marine species, except for the purpose of harvesting such marine species as otherwise allowed by rules of the Fish and Wildlife Conservation Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-02.

Fla. Admin. Code R. 68B-5.006 Lionfish

(1) For purposes of this rule:

(a) “Diver” means any person who is wholly or partially submerged in the water, and is equipped with a face mask, face mask and snorkel, or underwater breathing apparatus.

(b) “Lionfish” means any fish of the genus Pterois, or any part thereof.

(2) A recreational fishing license is not required for harvesting lionfish by divers only if using the following gear:

(a) Hand held net;

(b) Pole spear;

(d) Any other spearing device specifically designed and exclusively marketed towards lionfish.

(3) Lionfish shall have no commercial or recreational bag limit. Commercial licensing requirements apply for anyone harvesting for commercial purposes.

(4) The harvest of lionfish while using a rebreather is allowed in accordance with subsection 68B-4.012(2), F.A.C.

(5) In accordance with Rule 68-5.009, F.A.C., the importation of live lionfish is prohibited.

(6) In accordance with Rule 68-5.009, F.A.C., the intentional breeding of lionfish or cultivation of lionfish eggs or larvae in captivity is prohibited except as authorized by Conditional/Prohibited/Nonnative species permit.

(7) Except for activities authorized by Conditional/Prohibited/Nonnative species permit, the harvest or possession of lionfish eggs or larvae for any purpose other than destruction is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-21-13, Amended 8-1-14, 11-26-14.

Fla. Admin. Code R. 68B-5.007 Skyway Fishing Pier State Park: Education Course Requirement; Gear Restrictions

(1) A person may not participate in fishing at the Skyway Fishing Pier State Park unless such person has first successfully completed within the previous 12 months a Commission-approved skyway fishing pier education course, as provided in paragraph (1)(b) and possesses verification of course completion while participating in fishing at the Skyway Fishing Pier State Park.

(a) A person under 16 years of age who has not successfully completed a Commission-approved skyway fishing pier education course as provided in paragraph (1)(b) may participate in fishing at the Skyway Fishing Pier State Park only if such person is fishing under the supervision of, and in the presence of, a person 16 years of age or older who has first successfully completed within the previous 12 months a Commission-approved skyway fishing pier education course as provided in paragraph (1)(b), and possesses verification of course completion.

(b) The Commission shall provide a skyway fishing pier education course, available at: https://learningmyfwc.remote-learner.net.

Instructions for completing the course are contained in a document titled “Skyway Fishing Pier Education Course Instructions,” Form DMFM-SFP01 (effective October 1, 2023), incorporated herein by reference and available at http://www.flrules.org/gateway/reference.asp?No=Ref-16053, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
The Commission shall issue proof of completion to a person who has successfully completed a Commission-approved skyway fishing pier education course. Such proof of completion shall be valid for 12 months from the date of issuance.

(2) A person may not use more than two sets of hook and line gear at any time on or from Skyway Fishing Pier State Park.

(3) The following gear restrictions apply within Skyway Fishing Pier State Park from November 15 through March 15 of the following year:

(a) A person may not use hook and line gear to which more than one hook is attached.

(b) A person may not use or possess any multiple hook.

(5) For purposes of this rule “Fishing” means:

(a) The catching, taking, or harvesting of a marine organism;

(b) The attempted catching, taking, or harvesting of a marine organism;

(c) Any other activity which can reasonably be expected to result in the catching, taking, or harvesting of a marine organism.

(5) The Commission shall review the Skyway Pier fishing regulations prior to October 1, 2025, and determine whether the regulations are appropriate or if they should be repealed or expanded.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-16-23.

Chapter 68B-6 FLORIDA KEYS NATIONAL MARINE SANCTUARY

Fla. Admin. Code R. 68B-6.001 Definitions

As used in this rule chapter:

(1) “Coral” means the corals of the Class Hydrozoa (stinging and hydrocorals); the Class Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals) and Antipatharia (black corals).

(2) “Ecological Reserve” means an area of the Sanctuary consisting of contiguous, diverse habitats, within which uses are subject to conditions, restrictions and prohibitions, including access restrictions, intended to minimize human influences, to provide natural spawning, nursery, and permanent residence areas for the replenishment and genetic protection of marine life, and also to protect and preserve natural assemblages of habitats and species within areas representing a broad diversity of resources and habitats found within the Sanctuary.

(3) “Fish” means finfish, mollusks, crustaceans, and all forms of marine animal and plant life other than marine mammals and birds.

(4) “Fishing” means:

(a) The catching, taking, or harvesting of fish;

(b) The attempted catching, taking, or harvesting of fish;

(d) Any operation at sea in support of, or in preparation for, any activity described in paragraphs (a) through (c). Such term does not include any scientific research activity which is conducted by a scientific research vessel.

(5) “Modified lampara net” means a purse seine which has at least one wing that is not part of the pursing section of the seine, used to harvest baitfish near the top of the water column. The wing is used to skim the water surface as the net is drawn in and fish are herded into the pursing section to be harvested with a dip net.

(6) “Not available for immediate use” means not readily accessible for immediate use, e.g., by being stowed unbaited in a cabin, locker, rod holder, or similar storage area, or by being securely covered or lashed to a deck or bulkhead.

(7) “Sanctuary” means the Florida Keys National Marine Sanctuary.

(8) “Sanctuary Preservation Area” means an area of the Sanctuary than encompasses a discrete, biologically important area, within which uses are subject to conditions, restrictions and prohibitions, including access restrictions, to avoid concentrations of uses that could result in significant declines in species populations or habitat, to reduce conflicts between uses, to protect areas that are critical for sustaining important marine species or habitats, or to provide opportunities for scientific research.

(9) “Special-use Area” means an area of the Sanctuary set aside for scientific research and educational purposes, recovery or restoration of Sanctuary resources, monitoring, to prevent use or user conflicts, to facilitate access and use, or to promote public use and understanding of Sanctuary resources.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-97, Amended 11-16-98, Formerly 46-6.001.

Fla. Admin. Code R. 68B-6.002 Designation of Boundaries of Ecological Reserve, Sanctuary Preservation Areas, and Special-Use Area

(1) WESTERN SAMBOS ECOLOGICAL RESERVE – For purposes of the restrictions specified in Rule 68B-6.003, F.A.C., the Western Sambos Ecological Reserve shall consist of all state waters located within the following geographic boundary coordinates:

Point

Latitude

Longitude

24°33.70ꞌN

81°40.80ꞌW

24°28.40ꞌN

81°41.90ꞌW

24°28.50ꞌN

81°43.70ꞌW

24°33.50ꞌN

81°43.10ꞌW

(2) SANCTUARY PRESERVATION AREAS – For purposes of the restrictions specified in Rule 68B-6.003, F.A.C., the respective sanctuary preservation areas shall consist of all state waters within the following sets of geographic boundary coordinates:

CHEECA ROCKS

Point

Latitude

Longitude

24°54.42ꞌN

80°36.91ꞌW

24°54.25ꞌN

80°36.77ꞌW

24°54.10ꞌN

80°37.00ꞌW

24°54.22ꞌN

80°37.15ꞌW

EASTERN DRY ROCKS

Point

Latitude

Longitude

24°27.92ꞌN

81°50.55ꞌW

24°27.73ꞌN

81°50.33ꞌW

24°27.47ꞌN

81°50.80ꞌW

24°27.72ꞌN

81°50.86ꞌW

HENS AND CHICKENS

Point

Latitude

Longitude

24°56.38ꞌN

80°32.86ꞌW

24°56.21ꞌN

80°32.63ꞌW

24°55.86ꞌN

80°32.95ꞌW

24°56.04ꞌN

80°33.19ꞌW

NEWFOUND HARBOR KEY

Point

Latitude

Longitude

24°37.10ꞌN

81°23.34ꞌW

24°36.85ꞌN

81°23.28ꞌW

24°36.74ꞌN

81°23.80ꞌW

24°37.00ꞌN

81°23.66ꞌW

ROCK KEY

Point

Latitude

Longitude

24°27.48ꞌN

81°51.35ꞌW

24°27.30ꞌN

81°51.15ꞌW

24°27.21ꞌN

81°51.60ꞌW

24°27.45ꞌN

81°51.65ꞌW

SAND KEY

Point

Latitude

Longitude

24°27.58ꞌN

81°52.29ꞌW

24°27.01ꞌN

81°52.32ꞌW

24°27.02ꞌN

81°52.95ꞌW

24°27.61ꞌN

81°52.94ꞌW

(3) EASTERN SAMBOS SPECIAL-USE AREA – For purposes of the restrictions specified in Rule 68B-6.003, F.A.C., the Eastern Sambos Special-use Area shall consist of all state waters located within the following geographical boundary coordinates:

Point

Latitude

Longitude

24°29.84ꞌN

81°39.59ꞌW

24°29.55ꞌN

81°39.35ꞌW

24°29.37ꞌN

81°39.96ꞌW

24°29.77ꞌN

81°40.03ꞌW

(4) TORTUGAS NORTH ECOLOGICAL RESERVE – For purposes of the restrictions specified in Rule 68B-6.003, F.A.C., the Tortugas North Ecological Reserve shall consist of all state waters located within the following geographic boundary coordinates:

Point

Latitude

Longitude

24°46.00ꞌN

83°06.00ꞌW

24°45.40ꞌN

82°54.00ꞌW

24°45.30ꞌN

82°48.00ꞌW

24°43.32ꞌN

82°48.00ꞌW

24°43.32ꞌN

82°52.00ꞌW

24°43.00ꞌN

82°54.00ꞌW

24°39.00ꞌN

82°58.00ꞌW

24°39.00ꞌN

83°06.00ꞌW

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-97, Formerly 46-6.002, Amended 7-1-01.

Fla. Admin. Code R. 68B-6.003 Florida Keys National Marine Sanctuary: Prohibited Activities in Specified State Waters

(1) ECOLOGICAL RESERVE AND SANCTUARY PRESERVATION AREAS – The following activities are prohibited within the Western Sambos Ecological Reserve, Tortugas North Ecological Reserve, and the Cheeca Rocks, Eastern Dry Rocks, Hens and Chickens, Newfound Harbor Key, Rock Key, and Sand Key Sanctuary Preservation Areas, described in Rule 68B-6.002, F.A.C.:

(a) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities. However, fish, invertebrates, and marine plants may be possessed aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such vessel is in continuous transit through such reserve or area and such resources are stowed in a cabin, locker, or similar storage area prior to entering and during transit through such reserve or area.

(b) Except as provided in subparagraphs 1. and 2., below, fishing by any means. However, gear capable of harvesting fish may be aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area (other than Sand Key), provided such gear is not available for immediate use when entering and during transit through such Ecological Reserve or Sanctuary Preservation Area. The following fishing activities are allowed as indicated:

Catch and release fishing by trolling is allowed in the Sand Key Sanctuary Preservation Area.
The harvest of baitfish species (ballyhoo, balao, halfbeaks, or herring only) is allowed in the Sanctuary Preservation Areas specified in subsection 68B-6.002(2), F.A.C., subject to the following conditions:

a. No person shall engage in such harvest except pursuant to a valid permit issued for such purpose by the National Marine Sanctuary Division of the National Ocean Service on behalf of the Florida Keys National Marine Sanctuary.

b. In the Newfound Harbor Key Sanctuary Preservation Area, harvest pursuant to this subparagraph shall only be by means of a cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet. In the Cheeca Rocks, Eastern Dry Rocks, Hens and Chickens, Rock Key, and Sand Key Sanctuary Preservation Areas, harvest pursuant to this subparagraph shall only be by means of a cast net or modified lampara net.

c. All bycatch (species other than ballyhoo, balao, halfbeaks, or herring) shall be returned to the water alive.

d. Contact with or disturbance of the seabed is prohibited.

e. Harvest of baitfish in the Sanctuary Preservation Areas specified herein by the use of any gear other than those specifically allowed in this subparagraph is prohibited.

(d) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to 15 C.F.R. §922.164(d)(2), violating a temporary access restriction imposed by the Director of the Office of Ocean and Coastal Resource Management of the National Oceanic and Atmospheric Administration or designee pursuant to 15 C.F.R. §922.164(d)(2).

(2) EASTERN SAMBOS SPECIAL-USE AREA – The Eastern Sambos Special-use Area is a “research only area” set aside to provide for scientific research or education relating to protection and management, through the issuance of a National Marine Sanctuary General or Historical Resources Permit pursuant to 15 C.F.R. §922.166. Except as may be authorized pursuant to such a permit, within the Eastern Sambos Special-use Area descried in Rule 68B-6.002, F.A.C., the following activities are prohibited:

(b) Fishing by any means.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-97, Amended 11-16-98, Formerly 46-6.003, Amended 12-2-99, 7-1-01.

Fla. Admin. Code R. 68B-6.004 Western Dry Rocks Seasonal Closure

(1) WESTERN DRY ROCKS – For purposes of the restrictions specified in subsection (2) below, Western Dry Rocks shall consist of all state waters located within the following geographic boundary coordinates:

Point

Latitude

Longitude

24°26.217ꞌN

81°57.007ꞌW

24°25.676ꞌN

81°57.002ꞌW

24°25.686ꞌN

81°55.489ꞌW

24°26.227ꞌN

81°55.493ꞌW

(2) Fishing and possession of fish are prohibited within Western Dry Rocks, described in subsection (1), from April 1 through July 31. However, fish may be possessed aboard a vessel, provided such vessel is in continuous transit through Western Dry Rocks, fishing gear is appropriately stowed, and such resources are stowed in a cabin, locker, or similar storage area prior to entering and during transit through Western Dry Rocks. For the purpose of this subsection, appropriately stowed means hooks cannot be baited, and spear shafts shall not be inserted into any spearing device. All hook-and-line gear, spearing equipment, nets, and other harvesting equipment must be secured in a manner that makes their immediate use impracticable. This closure shall only remain in effect through March 31, 2028. However, the Commission shall review the closure prior to that date and determine whether repeal is appropriate or if the closure should be renewed or expanded.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 4-1-21.

Chapter 68B-7 BISCAYNE NATIONAL PARK

Fla. Admin. Code R. 68B-7.001 Application of Rules to State and Federal Waters

The regulations in this chapter apply in all state and federal waters of Biscayne National Park.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20.

Fla. Admin. Code R. 68B-7.002 Definitions

As used in this rule chapter:

(1) “Bluestriped grunt” means any fish of the species Haemulon sciurus, or any part thereof.

(2) “Bonefish” means a fish of the family Albulidae, or any part thereof.

(3) “Fishing” means:

(a) The catching, taking, or harvesting of fish;

(b) The attempted catching, taking, or harvesting of fish; or

(4) “Gray snapper” (also known as Mangrove snapper) means any fish of the species Lutjanus griseus, or any part thereof.

(5) “Gray triggerfish” means any fish of the species Balistes capriscus, or any part thereof.

(6) “Hogfish” means any fish of the species Lachnolaimus maximus, or any part thereof.

(7) “Hook-and-line gear” means any handline, rod, reel, or pole to which line and hooks are attached. Hook-and-line gear includes any bob, float, weight, lure, plug, spoon, or bait that is attached to the gear described in the previous sentence.

(8) “Lane snapper” means any fish of the species Lutjanus synagris, or any part thereof.

(9) “Major Finfish Aggregate” includes any fish of the following species, or any part thereof:

(a) Gray snapper,

(b) Lane snapper,

(d) Schoolmaster,

(e) Yellowtail snapper,

(f) Black grouper (Mycteroperca bonaci),

(g) Red grouper (Epinephelus morio),

(h) Graysby (Epinephelus cruentatus),

(i) Coney (Epinephelus fulvus),

(j) Red hind (Epinephelus guttatus),

(k) Rock hind (Epinephelus adscensionis),

(l) Hogfish,

(m) Gray triggerfish,

(n) Ocean triggerfish (Canthidermis sufflamen),

(o) Banded rudderfish (Seriola zonata),

(p) Greater amberjack (Seriola dumerili),

(q) Lesser amberjack (Seriola fasciata),

(r) Crevalle jack (Caranx hippos),

(s) Yellow jack (Carangoides bartholomaei)

(t) Knobbed porgy (Calamus nodosus),

(u) Jolthead porgy (Calamus bajonado),

(v) Sheepshead porgy (Calamus penna),

(w) Whitebone porgy (Calamus leucosteus),

(x) Grunts (any species of the family Haemulidae),

(y) Blue runner (Caranx crysos),

(z) Great barracuda (Sphyraena barracuda),

(aa) Permit (Trachinotus falcatus),

(bb) Pompano (Trachinotus carolinus),

(cc) African pompano (Alectis ciliaris),

(dd) Gulf flounder (Paralichthys albigutta),

(ee) Southern flounder (Paralichthys lethostigma),

(ff) Summer flounder (Paralichthys dentatus),

(gg) Fringed flounder (Etropus crossotus),

(hh) Spotted seatrout (Cynoscion nebulosus),

(ii) Red drum, also known as redfish (Sciaenops ocellatus),

(jj) Black drum (Pogonias cromis),

(kk) Snook (any fish of the genus Centropomus),

(ll) Tripletail (Lobotes surinamensis),

(mm) Sheepshead (Archosargus probatocephalus),

(nn) Ladyfish (Elops saurus), and

(oo) Silver Jenny (Eucinostomus gula)

(10) “Mutton snapper” means any fish of the species Lutjanus analis, or any part thereof.

(11) “Red grouper” means any fish of the species Epinephelus morio, or any part thereof.

(12) “Schoolmaster” means any fish of the species Lutjanus apodus, or any part thereof.

(13) “White grunt” means any fish of the species Haemulon plumierii, or any part thereof.

(14) “Yellowtail Snapper” means any fish of the species Ocyrus chrysurus, or any part thereof.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20, Amended 9-17-25.

Fla. Admin. Code R. 68B-7.003 Park-Specific Size Limits; Transit of Undersize Fish

(1) Park-Specific Minimum Size Limits – Except as provided in subsection (2), a person may not harvest from the waters of Biscayne National Park or possess or land in or on waters of Biscayne National Park a fish that is smaller than the following minimum size limits

(a) Gray Triggerfish – 14 inches fork length

(b) Grunts –

Bluestriped grunt – 10 inches total length
White grunt – 8 inches total length

(b) Red Grouper – 24 inches total length

Gray Snapper – 12 inches total length
Lane Snapper – 10 inches total length
Mutton Snapper – 19 inches total length
Schoolmaster – 12 inches total length
Yellowtail Snapper – 14 inches total length

(2) Transit of Undersize Fish – The size limit requirements of this rule will not apply to fish lawfully harvested from waters outside of Biscayne National Park when such fish are transported directly through Biscayne National Park waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from waters outside Biscayne National Park to the place where the vessel is regularly docked, moored, or otherwise stored. For the purpose of this subsection, appropriately stowed means hooks cannot be baited, and spear shafts shall not be inserted into any spearing device. All hook-and-line gear, spearing equipment, nets, and other harvesting equipment must be secured in a manner that makes their immediate use impracticable.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20.

Fla. Admin. Code R. 68B-7.004 Park-Specific Bag Limits

(1) A recreational harvester may not harvest or possess more than 10 fish from the Major Finfish Aggregate in any combination in or on the waters of Biscayne National Park, or land more than 10 fish from the Major Finfish Aggregate within Biscayne National Park, regardless of where harvested.

(2) Nothing in this subsection shall be construed to authorize harvest of any individual species in excess of the bag limits established elsewhere in Division 68B, F.A.C.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20.

Fla. Admin. Code R. 68B-7.008 Spatial Gear and Harvest Limitations

(1) Coral Reef Protection Areas ‒

(a) A person may not harvest or attempt to harvest any species of the families Palinuridae (spiny lobsters), Scyllaridae (slipper lobsters), or Synaxidae (furry lobsters) from the Coral Reef Protection Areas. Except for persons in continuous transit through a Coral Protection Area aboard a vessel, no person shall possess any species of the families Palinuridae, Scyllaridae, or Synaxidae in or on the waters of the Coral Reef Protection Areas.

(b) A person may not deploy a trap within the waters of the Coral Reef Protection Areas or harvest any marine organism from a trap within the waters of the Coral Reef Protection Areas.

(c) For purposes of this subsection, the Coral Reef Protection Areas shall consist of all waters lying within the following geographical boundaries:

Fowey Rocks Lighthouse CRPA

Point

Latitude

Longitude

25° 35.616' N

80° 5.822' W

25° 35.567' N

80° 5.592' W

25° 34.423' N

80° 5.862' W

25° 34.468' N

80° 6.093' W

Alina’s Reef CRPA

Point

Latitude

Longitude

25° 23.601' N

80° 10.125' W

25° 23.284' N

80° 9.563' W

25° 22.877' N

80° 9.841' W

25° 23.194' N

80° 10.402' W

Marker 3 Reef CRPA

Point

Latitude

Longitude

25° 22.534' N

80° 9.679' W

25° 22.445' N

80° 9.443' W

25° 21.965' N

80° 9.663' W

25° 22.055' N

80° 9.900' W

Lob120 Reef CRPA

Point

Latitude

Longitude

25° 21.687' N

80° 11.311' W

25° 21.671' N

80° 11.023' W

25° 21.257' N

80° 11.048' W

25° 21.270' N

80° 11.338' W

Ball Bouy CRPA

Point

Latitude

Longitude

25° 19.379' N

80° 11.110' W

25° 19.044' N

80° 10.775' W

25° 18.732' N

80° 11.155' W

25° 19.067' N

80° 11.489' W

(2) Convoy Point Trap-Free Zone – A person may not deploy a trap or harvest any marine organism from a trap within waters described by the following geographical boundaries: Beginning at a point at the southern end of the mouth of Mowry Canal (point 1:25° 28.195' N; 80° 20.41' W), then proceeding approximately 1,500 yards east to 25° 28.185' N; 80° 19.592' W (point 2), then approximately 760 yards south to 25° 27.811' N; 80° 19.598' W (point 3), then approximately 770 yards west to the shoreline at 25° 27.809' N; 80° 20.02' W (point 4), then running along the shoreline back to point 1.

(3) No-Trawl Zones – No person may operate a trawl in waters lying within the following geographical boundaries:

(a) All waters inshore of a line running from a point at the northern border of BNP at 25° 36.139' N; 80° 15.725' W, to a point near the terminus of Turkey Point at 25° 26.354' N; 80° 19.006' W.

(b) All waters of Biscayne National Park offshore of a line beginning at Biscayne National Park Boundary Light A (25° 40.309' N; 80° 10.736' W) and running through Biscayne Flats Daybeacon 3 (25° 39.765' N; 80° 11.018' W), Biscayne Channel Light 21 (25° 39.338' N; 80° 11.176' W), Safety Valve Bank Light 1 (25° 38.606' N; 80° 11.497' W), Safety Valve Bank Light 1A (25° 37.018' N; 80° 11.525' W), Safety Valve Bank Light 1B (25° 34.219' N; 80° 11.521' W), and Middle Featherbeds East Obstruction Daybeacon (25° 32.392' N; 80° 11.470' W), then running southeast to the northern edge of Boca Chita Key (25° 31.537' N; 80° 10.483' W), then running in a generally southern direction along the eastern boundaries of Sands Key, Elliott Key, and Old Rhodes Key to a point at the southeastern tip of Old Rhodes Key (25° 21.000' N; 80° 14.359' W), then running south to Broad Creek Daybeacon 3 at 25° 20.119' N; 80° 14.635' W.

(4) Legare Anchorage Trap-Free Zone – A person may not deploy a trap or harvest any marine organism from a trap within the waters described by the following geographical boundaries:

Point

Latitude

Longitude

25° 30.000' N

80° 7.000' W

25° 30.000' N

80° 8.000' W

25° 29.000' N

80° 7.000' W

25° 29.000' N

80° 8.000' W

(5) Bonefish Seasonal Closed Area –

(a) The Bonefish Seasonal Closed Area shall apply to all state waters located within the following geographic boundary coordinates:

Point

Latitude

Longitude

25° 27.895' N

80° 8.800' W

25° 27.588' N

80° 7.395' W

25° 26.620' N

80° 7.687' W

25° 26.922' N

80° 9.100' W

(b) Fishing and the possession of fish are prohibited within the Bonefish Seasonal Closed Area, described in paragraph (a), from March 1 through May 31 each year. However, fish or fishing gear may be possessed aboard a vessel, provided such vessel is in continuous transit through the Bonefish Seasonal Closed Area, fishing gear is appropriately stowed, and fish are stowed in a cabin, locker, or similar storage area prior to entering and during transit through the Bonefish Seasonal Closed Area. For the purposes of this subsection, appropriately stowed means hooks cannot be baited, and spear shafts shall not be inserted into any spearing device. All hook-and-line gear, spearing equipment, nets, and other harvesting equipment must be secured in a manner that makes their immediate use impracticable.

(c) The prohibitions described in paragraph (b) shall only remain in effect through February 28, 2031. However, the Commission shall review the seasonal closure prior to that date and determine whether repeal is appropriate or if the closure should be renewed or modfied.

History

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20, Amended 4-1-23, 11-4-25.

Chapter 68B-8 MARINE SPECIAL ACTIVITY LICENSE PROGRAM

Fla. Admin. Code R. 68B-8.001 Purpose and Intent

The Florida Fish and Wildlife Conservation Commission recognizes that there are justifiable reasons to allow the harvest, possession, or release of marine organisms that would require the waiver of one or more of the state’s marine fisheries rules. Such activities include but are not limited to scientific research, restoration, education/exhibition, aquaculture, the use of non-conforming or innovative gear, the use of marine chemicals, and the release of marine organisms.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 5-19-25.

Fla. Admin. Code R. 68B-8.002 Definitions

As used in Chapter 68B-8, F.A.C.:

(1) “Anadromous” means species of fish that live in sea waters and migrate to fresh or estuarine waters to spawn.

(2) “Aquatic Species Collection Certificate” or “ASCC” means an authorization issued pursuant to Rule 68B-8.008, F.A.C.

(3) “Broodstock” means any wild or captive marine organism of any life stage collected or held for propagation.

(4) “Captivity” means when a marine organism at any life stage is held in a controlled or selected environment that has boundaries designed to prevent such organism from entering or leaving the controlled environment.

(5) “Catadromous” means species of fish that live in fresh or estuarine waters and migrate to sea waters to spawn.

(6) “Certified aquaculture facility” means a facility that has a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and is constructed and maintained in accordance with Aquaculture Best Management Practices, Rule 5L-3.004, F.A.C.

(7) “Contractor” is an entity that is paid for services rendered to collect, relocate, or transport marine organisms, or paid to provide expertise as an agent or consultant for the collection, relocation, or transport of marine organisms. Salaried staff or faculty, non-salaried volunteers, students, interns, or visiting principal investigators who do not receive monetary compensation for their collection assistance are not contractors.

(8) “Educational purpose” means an activity that uses marine organisms to identify or interpret some aspect of an organism’s taxonomy, behavior, physiology, or ecology; to conduct laboratory activities; to provide instruction on field techniques; or to explain marine resource management issues to individuals formally enrolled in an instructional setting.

(9) “Estuarine” means the part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water, and extending upstream to where ocean-derived salts measure less than 0.5 parts per thousand.

(10) “Exhibitional purpose” means an activity that uses marine organisms for the primary purpose of display in a facility open to the general public on a scheduled basis, and whose operational activities have a marine related component.

(11) “Genetic conservation unit” or “GCU” means a specific population, group of populations, or habitat(s) designated to preserve or maintain genetic diversity, evolutionary potential, and adaptive capacity of a species and/or subspecies.

(12) “Hard bottom” means any living natural or artificial reef (including coral reefs, oyster reefs, and worm reefs) or varying biological assemblage of marine organisms attached to hard substrate.

(13) “Harvest” or “collect” means the catching, taking, or molesting of a marine organism by any means whatsoever, followed by a reduction of such organism or part thereof to possession. A marine organism that is caught and immediately returned to the water free, alive, and unharmed is not harvested.

(14) “Marine organism” means an organism that has a natural portion of its life cycle that is dependent upon marine or estuarine waters, including anadromous and catadromous organisms and plants but excluding striped bass (Morone saxatilis), American eels (Anguilla rostrata), marine reptiles, marine mammals, and birds.

(15) “Marine Organism of Opportunity” or “MOO” means a marine organism that has become available for rescue from a construction project area or an area that has been physically damaged, or through natural processes, strandings, or unknown events.

(16) “Marine turtle permit” means a permit issued pursuant to Section 379.2431, F.S., and Chapter 68E-1, F.A.C.

(17) “Mitigation” means an action that is taken to avoid, minimize or offset potential negative effects of an activity.

(18) “Non-conforming gear” means a harvesting gear that is prohibited or is otherwise not allowed for the recreational or commercial harvest of marine organisms pursuant to Division 68B, F.A.C., Chapter 379, F.S., or the Florida Constitution.

(19) “Nursery” means a land or water-based central location where holding, propagation, grow out (rearing), acclimation, staging, or restoration research activities occur.

(20) “Outplanting” or “seeding” means the removal of a marine organism from any nursery or temporary holding location, and placing such organism into any in-water location outside of an in-water nursery or in-water temporary holding location. Outplanting excludes relocation and transfer.

(21) “Person” means an individual, firm, entity, or corporation.

(22) “Prohibited species” means:

(a) Any species designated as endangered or threatened pursuant to the federal Endangered Species Act, as amended, 16 U.S.C. §1531 et seq. and the associated regulations,

(b) Any Florida endangered and threatened species or marine endangered and threatened species, as designated in Chapter 68A-27, F.A.C.,

(c) Any hard or stony coral (order Scleractinia), any black coral (order Antipatharia), any fire coral (family Milleporidae), or any hydrocoral (family Stylasteridae),

(d) Live rock as defined in Chapter 68B-42, F.A.C., excluding aquacultured live rock,

(e) Any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina,

(f) Bahama starfish (Oreaster reticulatus),

(g) Bonefish (family Albulidae),

(h) Goliath grouper (Epinephelus itajara),

(i) Longspine urchin (Diadema antillarum),

(j) Non-erect, encrusting octocorals of the subclass Octocorallia,

(k) Any prohibited species of sharks and rays as identified in Chapter 68B-44, F.A.C.,

(l) Longbill spearfish (Tetrapturus pfluegeri), and

(m) Mediterranean spearfish (Tetrapturus belone).

(23) “Release” means the introduction, liberation, outplanting, placement, reintroduction, relocation, stocking, transfer, translocation, or transplantation of any marine organism into or within any in-water location.

(24) “Relocation” means the movement of a marine organism at any life stage from an in-water location to another in-water location, but excludes outplanting and transfer.

(25) “Restoration” means any activity designed and implemented to cause or assist in the recovery of growth, sustainability, or viability for populations negatively affected by natural or human-caused impacts.

(26) “Scientific research” means an activity that uses marine organisms to conduct one or more of the following:

(b) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.

(27) “Snook” means any fish of the genus Centropomus, or any part thereof.

(28) “Special Activity License” or “SAL” means a license or certificate issued pursuant to Chapter 68B-8, F.A.C.

(29) “Tag” means any internal or external device or other marking, placed in or on an organism for purposes of identification or data collection.

(30) “Transfer,” when used in reference to the possession of a marine organism, means the physical conveyance of a marine organism between entities or locations, but excludes outplanting and relocation.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.003 General Conditions and Restrictions

(1) An SAL or ASCC is not transferable.

(2) Law Enforcement Notification – A license holder must provide notice to the Commission’s Division of Law Enforcement of their intent to conduct activities authorized by an SAL or ASCC no less than 24 hours prior to conducting such activities. The content and submission of such notice shall be made in the manner prescribed on the license holder’s SAL or ASCC.

(3) Release of Marine Organisms – No marine organism that has been maintained in captivity shall be released unless the release is authorized by an SAL or ASCC. The Commission may include license conditions or restrictions under an SAL or ASCC related to the release of marine organisms as appropriate to the licensed activity.

(4) Transferability of Marine Organisms –

(a) The commission may include license conditions or restrictions under an SAL or ASCC related to the transfer or loan of marine organisms as appropriate to the licensed activity.

(b) A marine organism authorized for sale under subsection 68B-8.003(6), F.A.C., is not eligible for a transfer or loan.

(c) Any giant manta ray (Mobula birostris) or queen conch (Aliger gigas) authorized for collection under a license issued pursuant to subsection 68B-8.007(5), F.A.C., is not eligible for transfer or loan.

(5) Possession of Marine Organisms After Expiration of an SAL or ASCC – The Commission recognizes that a marine organism harvested, possessed, or produced pursuant to an SAL or ASCC may need to be retained for a period of time that extends beyond the expiration date of the SAL or ASCC issued for the harvest or possession of such marine organism. For this purpose, the following conditions must be met for marine organisms collected or possessed pursuant to the SAL or ASCC to be legally possessed beyond the expiration of the SAL or ASCC:

(a) All documentation required for reporting must be submitted to the Commission within 30 days after expiration of the SAL.

(b) The SAL or ASCC, or a copy thereof, that authorized the harvest or possession of the marine organism must be promptly produced at the request of the Commission or an authorized law enforcement officer.

(6) Sale of Marine Organisms – A marine organism harvested pursuant to an SAL or ASCC shall not be sold unless it was harvested pursuant to a Gear Innovation SAL, Governmental Purpose SAL, Snook SAL, Marine Chemical SAL, or a Nonprofit Corporation SAL, and the sale is conducted in accordance with any condition of sale required by such SAL.

(7) Consumption of Marine Organisms – A marine organism harvested pursuant to an SAL or ASCC shall not be consumed unless the marine organism was harvested pursuant to a Gear Innovation SAL or a Governmental Purpose SAL.

(8) General Application Evaluation Criteria – The Commission will review an SAL application and grant or deny an SAL based on the following criteria:

(a) Completeness of information submitted to the Commission through the application process.

(b) Applicant’s attestation that requested activities are sanctioned by applicant’s affiliated organization.

(d) Potential impacts of the type, size, and method of harvesting gear requested for use.

(e) Biological status of the species requested, based on the best available information.

(f) Life history strategies, genetic structure, and ecology of the targeted species.

(g) Degree of variation from management regulations.

(h) The extent of the requested harvest beyond the known total annual commercial and recreational harvest of the stock.

(i) Established harvest limits for the species requested.

(j) Locations of proposed activities and facilities.

(k) Intensity of localized harvest and harvest frequency.

(l) Any additional evaluation criteria specific to the SAL applied for, as established by this chapter.

(9) The Commission may include license conditions or restrictions under an SAL related to the following subjects, as they apply to activities authorized under such license:

(a) Designated authorized and prohibited areas.

(b) Authorized or prohibited gear, methods, and activities.

(d) Facility, vessel, or activity location inspection by the Commission for compliance review.

(e) Reporting requirements appropriate to the licensed activity.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.004 Application Review Process and Evaluation Criteria

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Repealed 5-19-25.

Fla. Admin. Code R. 68B-8.005 Contractors

(1) The Commission will only approve the use of a contractor for Scientific Research SALs, Education/Exhibition SALs, Governmental Purpose SALs, or Stock Collection and Release SALs.

(2) In order for a contractor to conduct scientific research, education, exhibition, or governmental purpose activities on behalf of another entity pursuant to an SAL, the following requirements must be met:

(a) Applicants for a Scientific Research SAL, an Education/Exhibition SAL, or a Governmental Purpose SAL must be those approved by the specific rules for these licenses. Contractors may not serve as an agent for an applicant for a Scientific Research SAL, an Education/Exhibition SAL, or a Governmental Purpose SAL during the application process.

(b) A contractor must be identified by the applicant on an SAL application.

(c) The SAL applicant must submit with the application a copy of the signed contractual agreement between the contractor and the applicant that outlines the services to be rendered. The agreement must denote payment for services rendered during the specific time period requested on the SAL application. Contractual agreements referencing payment schedules for individual marine organisms will not be accepted.

(3) A contractor must be the applicant of record for a Stock Collection and Release SAL in order to conduct stock collection and release activities on behalf of another entity.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 5-19-25, 2-1-26.

Fla. Admin. Code R. 68B-8.006 Scientific Research Special Activity License

(1) The purpose of a Scientific Research SAL is to accommodate the need for the scientific community to conduct research and monitoring activities that enhance the greater body of knowledge in support of fisheries management, marine ecology, resource conservation and enhancement, or public health.

(2) Eligibility – A Scientific Research SAL may be issued only to the following:

(a) A principal investigator of a proposed or ongoing scientific research project who is on the faculty or is a student of a college, community college, university, or secondary school.

(b) A principal investigator of a proposed or ongoing scientific research project who is affiliated with a marine research institute, laboratory, corporation, or organization.

(d) A member of the scientific or technical staff of a certified aquaculture facility.

(3) Fees and Application –

(a) The processing fee for a Scientific Research SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for a Scientific Research SAL must complete and submit a Scientific Research SAL application form (Form DMF-SRSAL (November 2025)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-18890.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for a Scientific Research SAL will be evaluated based on the following criteria as applicable to the request:

(a) Project specifications and methodologies. Proposed methodologies must include sufficient detail and clarity to provide for replication or offer the opportunity to build systematically on findings.

(b) Monitoring strategies. The applicant must ensure that monitoring data can and will be analyzed to detect physical or biological changes over time in marine organisms, their populations, or communities.

(5) License Periods –

(a) Except as provided in paragraph (b), the license period for a Scientific Research SAL will be based on the duration of the proposed activity, provided that the duration is no longer than is necessary to achieve its stated purpose, and may not exceed 5 years (60 months).

(b) The license period for a Scientific Research SAL issued for activities involving a prohibited species may not exceed 1 year (12 months).

(6) License conditions – A licensee must comply with all conditions set forth under a Scientific Research SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.007 Education/Exhibition Special Activity License

(1) The purpose of an Education/Exhibition SAL is to accommodate the need for the harvest of marine organisms and to conduct activities with such organisms to increase the public’s knowledge and awareness of Florida’s marine resources.

(2) Eligibility – An Education/Exhibition SAL may be issued only to the following:

(a) An instructor employed by, or under the sponsorship of, a university, college, secondary school, or governmental entity, or a private institution or organization that has an established marine or environmental education curriculum.

(b) A student enrolled in a public or private secondary school or an equivalent home education program maintained in accordance with Section 1002.41, F.S.

The parent or guardian of a student who meets the eligibility criteria in paragraph (2)(b) may apply on behalf of such student.
An instructor or representative from a home education program, maintained in accordance with Section 1002.41, F.S., may apply on behalf of a student enrolled in such home education program.

(d) A representative of a home education program association maintained in accordance with Section 1002.41, F.S.

(e) A curator or director employed by or under sponsorship of a public or private aquarium, museum, university, governmental entity, or business establishment that displays marine organisms for viewing by the public and whose activities have a marine-related component.

(f) An Education/Exhibition SAL authorizing the collection of giant manta ray (Mobula birostris) or queen conch (Aliger gigas) may only be issued to a curator or director employed by or under sponsorship of a public or private aquarium, museum, university, or governmental entity that displays marine organisms for viewing by the public, whose activities have a marine-related component, and whose facility is located in the United States of America.

(3) Fees and Application –

(a) The processing fee for an Education/Exhibition SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for an Education/Exhibition SAL must complete and submit an Education/Exhibition SAL application form (Form DMF-ESAL (May 2026)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-19699.

(c) An application for an Education/Exhibition SAL involving the collection of prohibited species may only be submitted during the following application periods:

Except as provided in (c)2., beginning April 1 and continuing through April 30 each year, beginning October 1 and continuing through October 31 each year.
Applications requesting to collect giant manta ray (Mobula birostris) or queen conch (Aliger gigas) may only be submitted beginning March 1 and continuing through March 15 each year, and beginning September 16 and continuing through September 30 each year.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for an Education/Exhibition SAL will be evaluated based on the following criteria as applicable to the request:

(a) Educational program curriculum.

(b) Qualifications of the educator(s) requesting to conduct activities pursuant to an SAL.

(c) Conservation and education benefits of presentations, displays, and other informational materials designed to educate the public about the marine organisms requested for harvest and display.

(d) Current facility inventory of each species requested for harvest.

(e) The physical environment in which the species will be maintained and any potential maintenance or husbandry concerns. This includes consideration of the expected life span and maximum anticipated size of the species, and whether the facility is adequate to accommodate the marine organism for the remainder of its life.

(5) An Education/Exhibition SAL authorizing the collection of giant manta ray (Mobula birostris) or queen conch (Aliger gigas) may only be issued following a vote of the Commissioners to approve the application pursuant to the Florida Fish and Wildlife Conservation Commission Policy on Marine Prohibited Species and Education/Exhibition Special Activity Licenses, incorporated under subparagraph 68B-8.009(4)(b)10., F.A.C.

(6) License Periods –

(a) Except as provided in paragraph (b), an Education/Exhibition SAL may be valid for up to 3 years (36 months).

(b) The license period for an Education/Exhibition SAL issued for the collection of a prohibited species shall not exceed 1 year (12 months).

(7) License conditions – A licensee must comply with all conditions set forth under an Education/Exhibition SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.008 Aquatic Species Collection Certificate

(1) The Aquatic Species Collection Certificate (ASCC) provides a streamlined process to authorize members of the educational community with smaller collecting needs to conduct educational activities with aquatic organisms. The ASCC provides exemptions to certain saltwater and freshwater resource regulations to allow the holder to collect and temporarily possess aquatic organisms for up to 30 days for educational purposes.

(2)(a) The Commission may enter into an agreement with a public or private education group or institution to provide Commission-approved training workshops for educators to promote best practices for the collection and maintenance of marine and freshwater organisms for educational activities.

(b) Training standards – The training curriculum for such workshops must include, but is not limited to, the following subjects:

Rationale for collecting aquatic organisms.
Alternatives to the collection of live aquatic organisms.
Collection methods.
Minimization of environmental impacts.
Minimization of aquatic organism mortality.
Regulations and regulatory requirements.
Appropriate gear deployment and use.
Establishment of collecting teams.
Collection and documentation of field data.

(c) The Commission shall maintain and shall provide a list of Commission-approved training workshop providers electronically at www.myfwc.com/license/saltwater/special-activity-licenses/.

(3) Eligibility – An ASCC may be issued only to the following persons who have successfully completed a Commission-approved training workshop within the previous 36 months:

(a) An instructor employed by, or under sponsorship of, a public or private elementary or secondary school.

(b) An instructor employed by, or under sponsorship of, another educational institution or organization with courses of biological or aquatic studies.

(d) A representative of a home education program association.

(4) Aquatic Species Collection Certificate Documentation – Upon verification of an applicant’s eligibility and that the applicant has successfully completed a Commission-approved training workshop within the previous 36 months, the Commission shall issue an Aquatic Species Collection Certificate to the applicant.

(5) Certification Period – The valid period for an ASCC may not exceed 3 years (36 months).

(6) A contractor may not conduct activities authorized pursuant to an ASCC.

(7) Aquatic Species Collection Certificate Conditions –

(a) A person issued an ASCC must comply with all conditions set forth under an Aquatic Species Collection Certificate.

(b) A person issued an ASCC is subject to the General Conditions and Restrictions in subsections 68B-8.003(1) through (7), F.A.C.

(c) The Commission may include conditions or restrictions under an Aquatic Species Collection Certificate related to the following subjects as they apply to activities authorized under such Certificate:

Conditions related to the collection of certain marine and freshwater organisms, including bag and temporary possession limits.
Conditions related to authorized or prohibited gear, methods, and activities as they apply to marine or freshwater areas.
Conditions related to designated authorized and prohibited marine or freshwater areas.
Conditions or restrictions related to the release of marine organisms.

(8) An ASCC does not authorize the holder to collect or possess a prohibited species as defined in Rule 68B-8.002, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.009 Prohibited Species Collection Criteria

(1) The purpose of establishing prohibited species collection criteria is to monitor and regulate harvest and possession of prohibited species from Florida Waters and adjacent federal waters while ensuring that such activities do not adversely affect the stocks of such species.

(2) Eligibility – An SAL request involving the harvest or possession of prohibited species may only be authorized pursuant to the following SALs:

(a) A Scientific Research SAL.

(b) An Education/Exhibition SAL.

(d) A Governmental Purpose SAL, when the harvest, collection, or possession of prohibited species is necessary for emergency response needs and to meet the needs of public health, safety, or welfare.

(3) Prioritization – When the requested harvest of a prohibited species exceeds an established harvest limit, scientific research activities will take priority over in-state education/exhibition activities, which in turn will take priority over out-of-state education/exhibition activities.

(a) Among eligible Florida-based education/exhibition applicants, priority will be given to those applicants who meet one or more of the following criteria:

The applicant has an established protocol that allows for outside independent evaluation of its husbandry operations, programs, and facilities, or meets professional review standards of the Association of Zoos and Aquariums or other equivalent professional organizations.
The applicant conducts breeding under human care programs or husbandry studies related to the targeted prohibited species.
The applicant provides financial and/or physical support for research projects that seek to enhance the understanding of one or more prohibited species.
The applicant supports or sponsors conferences or symposia that promote the sharing of information related to breeding under human care, husbandry, and management of prohibited species.

(b) If an established harvest limit for a specific prohibited species has not been met through scientific research activities or through in-state educational/exhibitional activities, priority will be given to eligible out-of-state educational/exhibitional applicants that meet the criteria established in subparagraphs (3)(a)1. through (3)(a)4., of this rule.

(4) Evaluation Criteria –

(a) In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for a Scientific Research SAL involving prohibited species will be evaluated based on the following criteria:

The credentials of the principal investigator, including publications and professional accomplishments.
The novelty of the proposed work, based on a review of relevant literature.
The proposed work includes measures to minimize the mortality or harvest of the targeted prohibited species.
Disposition plan for any prohibited species permanently removed from the system.
Whether prohibited species collection from Florida Waters or adjacent federal waters is the only option for successful completion of the research project.
Whether published project results will contribute to one or more of the following: improved management of prohibited species in captivity or in the wild, increased understanding of prohibited species population dynamics or ecology, benefits to Florida’s marine conservation and resource management interests, and contributions to basic and applied science.
If any species requested on an SAL application form is designated as a Florida Endangered and Threatened Species pursuant to Chapter 68A-27, F.A.C., additional evaluation criteria for such species as set forth in Chapter 68A-27, F.A.C., or Chapter 379, F.S., if applicable, will be applied.

(b) In addition to the evaluation criteria set forth in subsection 68B-8.003(9), F.A.C., an application for an Education/Exhibition SAL involving prohibited species will be evaluated based on the following criteria:

Professional aquarium facility accreditation.
Whether the applicant’s facility has a breeding under human care program or husbandry research program related to the targeted prohibited species, or conducts research projects related to one or more prohibited species.
Financial or material support of prohibited species research conducted by other entities.
Hosted conferences, workshops, or symposia addressing prohibited species husbandry, conservation, or management within the previous year.
Educational media and programs accompanying the displays for prohibited species, as well as the conservation message relating to the prohibited species.
Whether or not acquisition of the prohibited species is in compliance with the facility’s collecting plan or acquisition policy, including any facility disposition or deaccession policies that are relevant to the requested prohibited species in the future.
The current inventory of all prohibited species located at the facility.
Whether non-prohibited species could be utilized in lieu of prohibited species to meet educational or exhibitional objectives.
Whether prohibited species collection from Florida Waters or adjacent federal waters is the only option for acquiring the prohibited species, or if the prohibited species may be acquired from areas where the stock is not prohibited from harvest, from breeding under human care programs, through loan from another aquarium, or from an aquaculture facility.
Whether the requested collection is consistent with the Florida Fish and Wildlife Conservation Commission Policy on Marine Prohibited Species and Education/Exhibition Special Activity Licenses (May 2026), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-19566.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 7-29-26.

Fla. Admin. Code R. 68B-8.010 Stock Collection and Release Special Activity License

(1) The purpose of a Stock Collection and Release SAL is to ensure activities involving the collection or release of marine organisms for purposes including but not limited to mitigation, rehabilitation, rescue, restoration, or scientific research are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Waters and adjacent federal waters.

(2) Eligibility – A Stock Collection and Release SAL may be issued only to the following:

(a) An applicant eligible to receive a Scientific Research SAL pursuant to Rule 68B-8.006, F.A.C.

(b) An owner, director, or manager of a certified aquaculture facility that holds a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C.

(c) An owner, director, or manager of a plant nursery facility who holds a valid Certificate of Nursery Registration issued pursuant to Section 581.131, F.S., and Chapter 5B-2, F.A.C.

(d) A contractor with documented experience conducting successful relocation or outplanting activities with marine organisms relating to the subject matter of the proposed relocation or outplanting activity, including subsequent monitoring following such relocation or outplanting activities.

(e) A restoration practitioner with a minimum of 2 years’ experience in the long-term husbandry, welfare, and system management of marine vertebrate or invertebrate taxa that is relevant to the species of marine organism that is the subject of the proposed activity. If land-based nursery-related activities are requested, the applicant must also establish and maintain a veterinarian-client-patient relationship (VCPR) with a United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Category II accredited veterinarian who is trained to conduct health certification examinations and visual health assessments relating to the subject matter of the proposed activity.

(3) Fees and Application –

(a) The processing fee for a Stock Collection and Release SAL is $25.00. A processing fee is non-refundable.

(b)1. General Stock Collection and Release SAL Application Form – An applicant for a Stock Collection and Release SAL must complete and submit a Stock Collection and Release SAL application form (Form DMF-SCRSAL (November 2025)), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18892, or

Relocation-only Application Form – An applicant for a Stock Collection and Release SAL who is only requesting authorization for the relocation of marine organisms must complete and submit a Stock Collection and Release for Relocation Activities SAL application form (Form DMF-SCRRSAL (November 2025)), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18893, or
Outplanting-only Application Form – An applicant for a Stock Collection and Release SAL who is only requesting authorization for the outplanting of marine organisms must complete and submit a Stock Collection and Release SAL for Outplanting Activities application form (Form DMF-SCROSAL (November 2025)), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18895.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for a Stock Collection and Release SAL will be evaluated via genetic risk assessment using the flowchart titled, “Decision Process for the Genetic Risk Assessment of Release Activities” (November 2025) which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-18894. A text-only accessible version of the Decision Process for the Genetic Risk Assessment of Release Activities (November 2025) is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-18896.

(5) License Period – A Stock Collection and Release SAL may be valid for up to 1 year (12 months).

(6) License Conditions –

(a) A licensee must comply with all conditions set forth under a Stock Collection and Release SAL.

(b) The Commission may include license conditions or restrictions under a Stock Collection and Release SAL related to the following subjects, as they apply to activities authorized under such license:

Conditions ensuring consistency with the “Decision Process for the Genetic Risk Assessment of Release Activities (November 2025).”
Conditions requiring health certification examinations and/or visual health assessments prior to the release of marine organisms.
Conditions providing for release activities in accordance with recommendations or certifications provided by the licensee’s veterinarian of record.
Conditions establishing threshold criteria related to environmental conditions that if exceeded may require immediate response or corrective action to prevent health decline or disease, including, but not limited to, water temperature, dissolved oxygen levels, light levels, biofouling, and prevalence of disease, infestations, overgrowth, predators, or competitors.
Conditions establishing transportation requirements for marine organisms to prevent health decline or disease, including, but not limited to length of transport, container size, spacing, temperature, or dissolved oxygen levels.
Conditions establishing maintenance requirements to prevent health decline or disease, including but not limited to control of biofouling, overgrowth, overcrowding, and/or removal of predators, competitors, or dead or diseased organisms.
Conditions establishing monitoring requirements appropriate to the licensed activity.
Any other condition that may be necessary to ensure licensed activities are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Waters and adjacent federal waters.

(7) Emergency Response – Under certain emergency conditions, such as disease outbreaks, die-off or stranding events of unknown origin, oil spills, hurricanes, floods, and other natural or manmade disasters, the Commission may impose additional restrictions or provide for permit exemptions to safeguard affected marine organisms such as, but not limited to, the coordination and direction of rescue, rehabilitation, and release activities.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.011 Aquaculture Broodstock Collection Special Activity License

(1) The purpose of an Aquaculture Broodstock Collection SAL is to allow for the harvest and possession of marine organisms as broodstock for aquaculture research, restoration, or commercial aquaculture.

(2) Eligibility – An Aquaculture Broodstock Collection SAL may be issued only to the following:

(a) An applicant eligible to receive a Scientific Research SAL pursuant to subsection 68B-8.006(2), F.A.C.

(b) An owner, director, or manager of a certified aquaculture facility that holds a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C.

(c) An owner, director, or manager of a plant nursery facility that holds a valid Certificate of Nursery Registration issued pursuant to Section 581.131, F.S., and Chapter 5B-2, F.A.C.

(3) Fees and Application –

(a) The processing fee for an Aquaculture Broodstock Collection SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for an Aquaculture Broodstock Collection SAL must complete and submit an Aquaculture Broodstock Collection SAL application form (Form DMF-ABCSAL (November 2025)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-18897.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for an Aquaculture Broodstock Collection SAL will be evaluated based on the following criteria:

(a) Species, number, and sex of broodstock marine organisms requested for harvest.

(b) Area where broodstock will be harvested.

(d) Anticipated time period of harvest.

(e) Proposed spawning strategy.

(f) Broodstock disposition plan.

(g) Documented training and experience in aquaculture activities.

(h) Economic impact and cost effectiveness of the proposed artificial cultivation of the target species.

(i) Biological or ecological impact of the proposed aquaculture operation.

(j) Project specifications and methodologies for proposed aquaculture research activities must include sufficient detail and clarity to provide for replication or offer the opportunity to build systematically on findings.

(k) Intended use of offspring to be produced from broodstock requested for collection.

(5) A contractor may not conduct activities authorized pursuant to an Aquaculture Broodstock Collection SAL.

(6) License Period – An Aquaculture Broodstock Collection SAL may be valid for up to 2 years (24 months), provided the licensee maintains the valid certification(s) required for eligibility under paragraphs 68B-8.011(2)(b) and (c), F.A.C.

(7) License conditions — A licensee must comply with all conditions set forth under an Aquaculture Broodstock Collection SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.012 Snook Special Activity License

(1) The purpose of a Snook SAL is to allow the harvest of snook as broodstock for commercial aquaculture production purposes and the possession, transport, transfer, sale, receipt, or purchase of snook broodstock progeny, as well as to ensure these activities are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Waters and adjacent federal waters. Unless authorized by the Commission pursuant to a Snook SAL, the harvest of snook as broodstock for commercial aquaculture production purposes, or the possession, transport, transfer, sale, receipt or purchase of snook broodstock progeny is prohibited.

(2) Eligibility –

(a) A Snook SAL for the harvest of broodstock and production, possession, transport, transfer or sale of the broodstock progeny may be issued only to an owner, director, or manager of a certified aquaculture facility that does not directly discharge production unit water to surface waters of the state.

(b) A Snook SAL for the receipt, purchase and possession of broodstock progeny may be issued only to the following:

An owner, director, or manager of a certified aquaculture facility that does not directly discharge production unit water to surface waters of the state.
An owner of a private, pay-to-fish pond. The private pond must have no connection to surface waters of the state and the lowest point of the top edge of its levee, dike, or bank must be at least one foot above the 100-year flood plain by reference to elevation maps issued by the National Flood Insurance Program of the Federal Emergency Management Agency.
An owner, director, or manager of a fully contained facility. Such facility must be open to the public and conduct activities for exhibitional purposes.

(3) Fees and Application –

(a) The processing fee for a Snook SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for a Snook SAL must complete and submit a Snook SAL application (Form DMF-SSAL (November 2025)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-18898.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an application for a Snook SAL for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny will be evaluated based on the following criteria:

(a) Genetic risk assessment of requested activities will be evaluated via the “Decision Process for the Genetic Risk Assessment of Release Activities (November 2025),” incorporated in subsection 68B-8.010(4), F.A.C.

(b) Number and sex of snook requested for broodstock harvest.

(d) Proposed harvesting gears and methods.

(e) Anticipated time period of harvest.

(f) Proposed spawning strategy.

(g) Broodstock disposition plan.

(h) Documented training and experience in snook aquaculture.

(i) Valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C.

(j) The location of applicant’s facility.

(5) License Period – A Snook SAL may be valid for up to 1 year (12 months).

(6) Transfer or Sale of Broodstock Progeny –

(a) A holder of a Snook SAL issued for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny may only transfer or sell broodstock progeny to a holder of a valid Snook SAL issued for the receipt, purchase and possession of broodstock progeny.

(b) A holder of a Snook SAL issued for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny must provide transfer documentation, a bill of sale or other documentary evidence to each recipient or purchaser of broodstock progeny, and must maintain a record of each transaction. The transfer documentation, bill of sale or other documentary evidence must include the name, address, and aquaculture certificate number of the certified aquaculture facility conducting the transaction, the name and address of the entity receiving or purchasing the broodstock progeny, the transaction date, the quantity of progeny transferred or purchased, the receiver’s Snook SAL number, and the exact location where the progeny are being stocked or maintained.

(7) Pay-to-fish Ponds – A Snook SAL holder who is an owner of a private pond, operates it as a pay-to-fish facility, and whose pond is stocked with progeny obtained from a certified aquaculture facility that is a Snook SAL holder may charge a fee to harvest snook in such ponds, provided:

(a) Snook are not sold on a per-pound or per-fish basis.

(b) Snook removed from the private property on which the pay-to-fish pond is located conform to regional size limits, bag limits, and closed seasons, as specified in Division 68B, F.A.C.

(8) A contractor may not conduct activities authorized pursuant to a Snook SAL.

(9) License conditions – A licensee must comply with all conditions set forth under a Snook SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.

Fla. Admin. Code R. 68B-8.013 Non-Conforming Gear Special Activity Licenses and Exemptions

(1) No person shall use any gear or equipment to harvest a marine organism if the gear is not allowed by rule of the Commission, Chapter 379, F.S., or the Constitution of the State of Florida unless such person has first obtained authorization for such gear via an SAL or an exemption.

(2) The use of non-conforming gear may also be authorized under an SAL as follows:

(a) A Scientific Research SAL issued pursuant to Rule 68B-8.006, F.A.C., if the use of non-conforming gear is specifically requested in the application for the SAL and the use is justified.

(b) A Stock Collection and Release SAL issued pursuant to Rule 68B-8.010, F.A.C., for scientific research purposes if the use of non-conforming gear is specifically requested in the application for the SAL and the use is appropriate to the species and location.

(d) A Governmental Purpose SAL, issued pursuant to Rule 68B-8.0132, F.A.C.

(e) A Governmental Purpose Gear Exemption, issued pursuant to Rule 68B-8.0132, F.A.C.

(f) A Nonprofit Corporation SAL, issued pursuant to Rule 68B-8.0133, F.A.C.

(3) If the proposed gear use includes an in-water set time, an SAL or exemption issued for non-conforming gear shall contain special gear marking or tending requirements so that the Commission may responsibly monitor gear use and ensure activities are restricted to the minimum amount necessary to achieve the stated purpose of the SAL or exemption.

(4) Exemption from the net gear restrictions set forth in Article X Section 16 of the Florida Constitution may be included only in a Scientific Research SAL, Stock Collection and Release SAL for scientific research purposes, Governmental Purpose SAL, or Governmental Purpose Gear Exemption.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 7-29-26.

Fla. Admin. Code R. 68B-8.0131 Gear Innovation Special Activity License

(1) The purpose of a Gear Innovation SAL is to allow for harvesting gear not historically or traditionally used within Florida to be evaluated, monitored, and tested. The Commission may use the information collected pursuant to a Gear Innovation SAL to evaluate the impact that a proposed gear type would have on the stock of the species targeted, species not targeted but incidentally harvested, and the marine environment, as well as to determine if the gear could be responsibly introduced into general use. However, a Gear Innovation SAL may not be issued for the harvest of oysters in Apalachicola Bay or prohibited species.

(2) Eligibility – A Gear Innovation SAL may be issued only to a person who meets all of the requirements of paragraph (a) or paragraph (b) as follows:

(a) An individual who:

Holds all of the applicable commercial harvesting licenses, permits, or endorsements required for the fishery requested for harvest pursuant to the SAL;
Has at least five years’ experience as a commercial harvester in Florida;
Except for requests related to the harvest of non-native species, has landings of the species targeted for harvest with the innovative gear; and
Has working knowledge of the area where the gear will be tested.

(b) An applicant eligible to receive a Scientific Research SAL pursuant to Rule 68B-8.006, F.A.C.

(3) Fees and Application –

(a) The processing fee for a Gear Innovation SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for a Gear Innovation SAL must complete and submit a Gear Innovation SAL Application form (Form DMF-GISAL (May 2026)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-19568.

(4) Evaluation Criteria – In addition to the evaluation criteria set forth in subsection 68B-8.003(8), F.A.C., an applicant for a Gear Innovation SAL will be evaluated based on the following criteria:

(a) Construction of the proposed gear.

(b) Intended use of the proposed gear and any potential impacts on the marine environment.

(c) Impact on the species targeted for harvest with the proposed gear and any species that may be harvested incidentally.

(d) Benefits to the state through the use of the innovative gear.

(5) License Period – The valid license period for a Gear Innovation SAL shall not exceed 1 year (12 months).

(6) License Conditions –

(a) A licensee must comply with all conditions set forth under a Gear Innovation SAL.

(b) The Commission may include license conditions or restrictions under a Gear Innovation SAL related to the following subjects as they apply to activities authorized under such license:

On-site supervision of all activities conducted pursuant to the SAL.
Compliance with any commercial regulations established for the species being harvested, including but not limited to seasons, limits on harvest and sale, area closures, size limits, and documentation and reporting requirements for the commercial sale of marine organisms.

(7) A contractor may not conduct activities authorized pursuant to a Gear Innovation SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-26.

Fla. Admin. Code R. 68B-8.0132 Governmental Purpose Special Activity License; Governmental Purpose Gear Exemption

(1) The purpose of a Governmental Purpose SAL is to allow government agencies to use non-conforming gear to meet the needs of public health, safety, or welfare.

(2) Eligibility – A Governmental Purpose SAL may be issued only to a state or federal agency or to a municipal or county government.

(3) Fees and Application –

(a) There is no fee for a Governmental Purpose SAL.

(b) An applicant for a Governmental Purpose SAL must submit a written request that contains the following information:

The need for the use of non-conforming gear in furtherance of the public health, safety, or welfare.
A detailed description of the proposed gear, an explanation of how it will be used, and any anticipated impacts of the gear on the marine environment.
A list of species targeted for harvest with the proposed gear and any anticipated species that may be harvested incidentally.
The quantity of targeted species to be harvested necessary to achieve the stated purpose.
The center point and corner coordinates of each area where the non-conforming gear will be used.
The time period during which the non-conforming gear will be used.
A statement from the applicant attesting that the requested activities are sanctioned by the applicant’s affiliated governmental agency.

(4) License Conditions –

(a) A licensee must comply with all conditions set forth under a Governmental Purpose SAL.

(b) The Commission may include license conditions or restrictions under a Governmental Purpose SAL related to the following subjects as they apply to activities authorized under such license:

Limitations to the minimum area and time necessary to achieve the governmental purpose.
Allowable or prohibited harvesting areas, harvesting gears, and authorized activities.
Requirements for the sale of a marine organism.
Reporting requirements appropriate to the licensed activity.

(5) License Period – The valid license period for a Governmental Purpose SAL will be based on the duration of the proposed activity, provided that it is no longer than is necessary to achieve its stated purpose.

(6) Governmental Purpose Gear Exemption. The purpose of a Governmental Purpose Gear Exemption is to allow for the use of net gear that does not conform to Article X, Section 16 of the Florida Constitution to conduct activities permitted, provided, or required by a governmental agency. A Governmental Purpose Gear Exemption shall only be issued in conjunction with a Marine Turtle Permit, or an Education/Exhibition SAL.

(a) Eligibility – A Governmental Purpose Gear Exemption may be issued only to a person who:

Holds an Endangered Species Permit or other such authorization issued by the National Marine Fisheries Service for purposes of marine turtle harvest and relocation, marine turtle research, testing of experimental devices designed to exclude turtles from commercial harvesting gear, or conducting marine turtle population assessments in a specified area.
Serves as a support unit for the Florida Department of Education who operates a facility on behalf of the State of Florida to provide marine services support for state agencies and institutions.

(b) Fees and Application –

There is no fee for a Governmental Purpose Gear Exemption.
An application for a Governmental Purpose Gear Exemption must be submitted in the form of a written request from an eligible applicant. The written request for an exemption must be accompanied by a copy of a valid Marine Turtle Permit or a valid Education/Exhibition SAL, or with the application for an Education/Exhibition SAL.

(7) Emergency Response – The Commission may impose additional conditions or may provide additional exemptions, including authorization to harvest, collect, or possess prohibited species, when a Governmental Purpose SAL is issued for emergency response purposes, such as fish kills or other natural or manmade disasters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-26.

Fla. Admin. Code R. 68B-8.0133 Nonprofit Corporation Special Activity License

(1) The purpose of a Nonprofit Corporation SAL is to allow for a nonprofit corporation to use non-conforming gear and to harvest and sell marine organisms to scientific research, education, or exhibition entities to financially support scientific research, education, or exhibition activities conducted by such nonprofit corporation.

(2) Eligibility – To obtain a Nonprofit Corporation SAL a nonprofit corporation must meet the following criteria:

(a) The nonprofit corporation must be designated as non-profit pursuant to 26 U.S.C. 501(c)3 and must have a current letter of tax-exempt status.

(b) The bylaws of the nonprofit corporation must provide for, and its activities must include, the harvest of marine organisms for purposes of scientific research, education, or exhibition that further the knowledge of marine biology, marine life, or the marine environment.

(c) The nonprofit corporation must hold and maintain a valid commercial Saltwater Products License, a Wholesale Dealer License, and a Retail Dealer License, along with any other applicable commercial harvesting licenses, permits, or endorsements required for each species requested for harvest and sale pursuant to the SAL.

(3) Fees and Application –

(a) The processing fee for a Nonprofit Corporation SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for a Nonprofit Corporation SAL must complete and submit a Nonprofit Corporation SAL Application form (Form DMF-NPSAL (May 2026)), which is incorporated herein by reference and is available at http://flrules.org/Gateway/reference.asp?No=Ref-19569.

(4) License Conditions –

(a) A licensee must comply with all conditions set forth under a Nonprofit Corporation SAL.

(b) The Commission may include conditions or restrictions under a Nonprofit Corporation SAL related to the following subjects as they apply to activities authorized under such license:

The sale of marine organisms.
Allowable or prohibited harvesting areas, harvesting gears, authorized personnel, and authorized activities.
Documentation and reporting requirements for the commercial sale of marine organisms.

(5) License Period – The valid license period for a Nonprofit Corporation SAL shall not exceed 3 years (36 months).

(6) A contractor may not conduct activities authorized pursuant to a Nonprofit Corporation SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-26.

Fla. Admin. Code R. 68B-8.014 Marine Chemical Special Activity License

(1) The purpose of a Marine Chemical SAL is to monitor the use of marine chemicals for the live harvest of marine organisms.

(2) Eligibility – A Marine Chemical SAL may be issued to:

(a) A person who holds any other type of SAL.

(b) A commercial harvester of marine life species, as those species are listed in Chapter 68B-42, F.A.C., who holds a Saltwater Products License with Restricted Species endorsement, and a Marine Life Transferable Dive or Non-Transferable Dive endorsement.

(3) Fees and Application –

(a) The processing fee for a Marine Chemical SAL is $25.00. A processing fee is non-refundable.

(b) An applicant for a Marine Chemical SAL for commercial harvesting purposes must indicate the use of Quinaldine on the application for a Commercial Saltwater Products License (SPL). If the applicant is not applying for the use of a marine chemical for commercial harvesting purposes and desires to use a marine chemical in conjunction with another type of SAL, a section is provided on the application forms for all other SALs to request the use of marine chemicals as harvesting gear, and to provide information on the type and maximum amounts and chemical concentration requested for use. The $25.00 processing fee for a Marine Chemical SAL is waived for an applicant who is applying for a Marine Chemical SAL as part of another type of SAL.

(4) License Conditions – A Marine Chemical SAL holder is subject to the following conditions and restrictions:

(a) The use of quinaldine must be consistent with Rule 68B-42.007, F.A.C.

(b) A chemical must be used in a prudent manner so as not to cause injury or damage to non-target species or nearby sensitive species or habitats.

(5) License Periods –

(a) When issued in conjunction with another type of SAL issued pursuant to this chapter, the valid license period for a Marine Chemical SAL shall not exceed the applicable valid license period for such SAL type.

(b) When issued in conjunction with a valid commercial Saltwater Products License, a Marine Chemical SAL shall be valid from July 1 through June 30 of the following year, or if issued after July 1, a Marine Chemical SAL shall be valid upon issuance through June 30.

(6) Reporting Requirements –

(a) The holder of a Marine Chemical SAL that is issued in conjunction with any other type of SAL must identify on the activity report for the other SAL the marine organisms harvested with the authorized chemical.

(b) The holder of a Marine Chemical SAL issued for commercial marine life harvesting activities must report all landings of live marine life species harvested with a marine chemical via the Marine Fisheries Trip Ticket system pursuant to Chapter 68B-65, F.A.C., and Sections 379.361, and 379.362, F.S.

(7) A contractor may not conduct activities authorized pursuant to a Marine Chemical SAL.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26.

Fla. Admin. Code R. 68B-8.015 Dredge Special Activity License

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Repealed 5-19-25.

Fla. Admin. Code R. 68B-8.016 Commission Activities and Agreements

The Commission may conduct an activity that requires a waiver of state marine fisheries rules, or enter into a written agreement with a public or private organization to conduct such activity on its behalf, when such activity is in the best interest of the public of the State of Florida. A copy of such a written agreement will be made available upon request.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04.

Chapter 68B-11 THE BISCAYNE BAY-CARD SOUND SPINY LOBSTER SANCTUARY

Fla. Admin. Code R. 68B-11.001 Purpose and Boundaries

(1) The waters of Biscayne Bay, Card Sound, and Little Card Sound hereinafter described are declared to be a nursery sanctuary for the purpose of protecting the spiny lobster. The boundaries of the sanctuary are as follows:

Begin at the intersection of the northern right-of-way of State Road 905A and the western mean high water line of Little Card Sound (said point of beginning being approximately 800 feet south and 2,300 feet west of the northeast corner of Section 13, Township 59 South, Range 39 East, Dade County); thence northerly along the western mean high water line of Little Card Sound, Card Sound, and Biscayne Bay to a point located at the intersection of the western mean high water line of Biscayne Bay and the eastern end of the southern shoreline of the canal marking the northern boundary of Matheson Hammock Park (which canal shoreline also marks the southern boundary of Old Cutler Bay Section 5, according to the plat thereof, as recorded in the public records of Dade County, Florida, Plat Book 85, page 25); thence southeasterly along a straight line connecting said point with the southernmost point on the mean high water line of Key Biscayne (Cape Florida); thence southerly along a straight line to the northernmost point on the mean high water line of Soldier Key; thence southerly along the eastern mean high water line of Soldier Key to the southernmost point on the mean high water line of Soldier Key; thence southerly along a straight line to the northernmost point on the mean high water line of the northernmost key in the Ragged Keys; thence southerly along the eastern mean high water lines of the islands forming the Ragged Keys, with straight connecting lines between such islands at the points where the islands are closest to each other, to the southernmost point on the mean high water line of the southernmost key in the Ragged Keys; thence southerly along a straight line to the northernmost point on the mean high water line of Boca Chita Key; thence southerly along the eastern mean high water line of Boca Chita Key to the southernmost point on the mean high water line of Boca Chita Key; thence southerly along a straight line to the northernmost point on the mean high water line of Sands Key; thence southerly along the eastern mean high water line of Sands Key to the northeasternmost headland of Sands Cut; thence southeasterly along a straight line to the northeasternmost point on the mean high water line of Elliot Key; thence southerly along the eastern mean high water line of Elliot Key to the southernmost point on the mean high water line of Elliot Key (Christmas Point); thence southerly along a straight line across the mouth of Caesar Creek to the easternmost point on the mean high water line of Old Rhodes Key; thence southerly along the eastern mean high water line of Old Rhodes Key to the southernmost point on the mean high water line of Old Rhodes Key; thence southwesterly along a straight line across the mouth of Old Rhodes Channel to the easternmost point on the mean high water line of Swan Key; thence southwesterly along the eastern mean high water line of Swan Key to the southernmost point on the mean high water line of Swan Key; thence southwesterly in a straight line across the mouth of Broad Creek to the easternmost point on the mean high water line of Palo Alto Key; thence southwesterly along the eastern mean high water line of Palo Alto Key to the northeasternmost headland of Angelfish Creek; thence southwesterly in a straight line across the mouth of Angelfish Creek to the easternmost point on the mean high water line of Angelfish Key; thence southwesterly along the eastern mean high water line of Angelfish Key, crossing Little Angelfish Creek and Pumpkin Creek along straight headland-to-headland lines, to a point on the mean high water line of Key Largo at the southwestern headland of Pumpkin Creek; thence northerly along the mean high water line of Key Largo, following the western shoreline of Pumpkin Creek to the northernmost point on the mean high water line of Key Largo; thence southwesterly along the mean high water line of Key Largo, following the southeastern shoreline of Little Pumpkin Creek, and continuing southwesterly along the mean high water line of Key Largo to its intersection with the northern right-of-way of State Road 905A, crossing Steamboat Creek and all other creeks along straight headland-to-headland lines; thence northwesterly along the northern right-of-way of State Road 905A to the point of beginning.

The western boundary of the sanctuary from the point of beginning to the northern boundary of Matheson Hammock Park, includes all natural and artificial waterways tidally connected to Little Card Sound, Card Sound, and Biscayne Bay.

(2) The Biscayne Bay-Card Sound Spiny Lobster Sanctuary described herein is depicted on the following map:

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-3-84, Formerly 46-11.01, Formerly 46-11.001.

Fla. Admin. Code R. 68B-11.002 Definitions

For the purpose of this chapter, except where the context clearly requires otherwise:

(1) “Headland” means a point on the mean high water line of a coast at or near the mouth of a creek, canal, cut or other waterway, at which there is an appreciable change in direction of the general trend of the coast.

(2) “Headland-to-headland line” means a straight line joining the headlands on either side of the mouth of a creek, canal, cut or other waterway and utilized for the purpose of establishing a boundary line between the waters of such creek, canal, waterway or cut and the waters of the adjoining ocean, bay or sound.

(3) “Person” means any natural person, firm, entity or corporation.

(4) “Spiny lobster” means any spiny lobster (also commonly known as Florida crawfish or salt water crawfish) of the species Panulirus argus, or any part thereof.

(5) “Vessel” means and includes every description of water craft used or capable of being used as a means of transportation on water, including nondisplacement craft and any aircraft designed to maneuver on water.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-3-84, Formerly 46-11.02, 46-11.002.

Fla. Admin. Code R. 68B-11.003 Molesting, Taking or Trapping Spiny Lobster in Sanctuary Prohibited Without Special Permit; Penalties for Violation

It is unlawful for any person to molest, take or trap any spiny lobster, for any purpose, within the boundaries of the sanctuary, unless such person holds a special permit issued by the Fish and Wildlife Conservation Commission. The Commission may issue a special permit for the taking of spiny lobster within the sanctuary for scientific, educational or management purposes, prescribing such terms as the Commission deems necessary. Any person who violates or otherwise fails to comply with this chapter is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-3-84, Formerly 46-11.03, 46-11.003.

Fla. Admin. Code R. 68B-11.004 Violation of Sanctuary Rules; Passage Through and Temporary Safe Refuge in Sanctuary with Spiny Lobster Aboard Allowed Under Certain Conditions

The presence of spiny lobster aboard a vessel within the boundaries of the sanctuary, while one or more persons from such vessel are overboard, is prohibited and constitutes a violation of this chapter by all persons aboard and overboard from such vessel; provided, however, that nothing in this chapter shall prevent any person, while lawfully possessing spiny lobster taken or trapped outside the boundaries of the sanctuary, or any vessel having such lawfully possessed spiny lobster aboard, from:

(1) Passing through the sanctuary, so long as no one from such vessel is overboard while inside the boundaries of the sanctuary, or

(2) Seeking temporary safe refuge or anchorage within the sanctuary, so long as no one from such vessel is overboard while inside the boundaries of the sanctuary.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-3-84, Formerly 46-11.04, Amended 7-15-96, Formerly 46-11.004.

Chapter 68B-12 KING MACKEREL RESOURCE RENEWAL

Fla. Admin. Code R. 68B-12.001 King Mackerel Gulf-Atlantic Fishery; Resource Renewal Policy; Designation as Restricted Species

(1) The purpose of this chapter is to renew and assure the continuing health and abundance of the king mackerel fishery in Florida waters of the Gulf of America and Atlantic Ocean herein designated as the Florida Gulf-Atlantic Fishery. This measure is founded upon evidence publicly received and reviewed at length by the Commission, deemed to be the best available information, that the king mackerel Gulf-Atlantic Fishery is dangerously depleted through excessive harvesting by commercial and recreational harvesters alike, and is at risk of further depletion, to the detriment of commercial and recreational harvesters as well as to the resource.

(2) This chapter is intended to complement the provisions of rule Chapter 68B-30, F.A.C., which regulate the Atlantic king mackerel fishery.

(3) Measures to reduce fishing pressure on the Gulf-Atlantic group of king mackerel include recreational bag and possession limits, regional season harvest limits and daily vessel harvest and landing limits for commercial harvesters, and season closure for commercial harvesters to coincide with commercial harvest closure in adjacent federal (EEZ) waters.

(4) King mackerel is hereby designated a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 12-20-84, Formerly 46-12.01, Amended 11-13-86, 11-1-88, 10-1-90, Formerly 46-12.001.

Fla. Admin. Code R. 68B-12.002 Definitions

For the purpose of this chapter, except where the context clearly requires otherwise:

(1) “Commission” means the Florida Fish and Wildlife Conservation Commission.

(2) “Gulf-Atlantic Fishery” means all Florida waters of the Gulf of America and all Florida waters of the Atlantic Ocean south of a line extending due east of the Miami-Dade/Monroe county line, and all king mackerel in those waters (consistent with the Federal Standard established in 50 C.F.R. §622.369(a) as of May 11, 2017).

(3) “Harvest,” used in reference to activities of a person or a boat, means catching a king mackerel in or from the water by any means, then reducing the fish to possession. A king mackerel that is caught but immediately returned to the water free, alive and unharmed is not harvested.

(4) “Harvest for commercial purposes” means the taking or harvesting of any king mackerel for purposes of sale or with intent to sell. King mackerel harvest in excess of the bag limit shall constitute harvest for commercial purposes.

(5) “King mackerel,” also commonly referred to as “kingfish,” means any fish of the species Scomberomorus cavalla.

(6) “Land,” when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 12-20-84, Formerly 46-12.02, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.002, Amended 5-11-17.

Fla. Admin. Code R. 68B-12.0035 Size Limit

(1) No person shall harvest from the waters of the Gulf-Atlantic Fishery or land any king mackerel with a fork length less than 24 inches, measured from the tip of the snout to the rear center edge of the tail.

(2) All king mackerel shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that has been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of such fish, or mere removal of gills before landing is not prohibited.

(3) It is the intent of this rule and Rule 68B-30.0025, F.A.C. to expressly repeal and replace Section 370.11(2)(a)3., F.S. (1993), and the remainder of Section 370.11(2)(a), F.S. (1993), as these provisions pertain to king mackerel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121 and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121 and Chapter 85-163, Laws of Fla. History–New 11-29-93, Amended 6-3-96, Formerly 46-12.0035, Amended 10-22-99.

Fla. Admin. Code R. 68B-12.004 Bag Limits

(1) Except as provided in Rule 68B-12.0046, F.A.C., each person harvesting king mackerel from the Gulf-Atlantic fishery shall be subject to a bag limit of three fish per person, per day (consistent with the Federal Standard established in 50 C.F.R. §622.382(a)(1)(ii) as of May 11, 2017), unless and until the bag limit is reduced to one fish per person, per day pursuant to subsection 68B-12.0045(2), F.A.C.

(2) Except as provided in Rule 68B-12.0046, F.A.C., or subsection (3) of this rule, no person shall possess while in, on, or above the waters of the Gulf-Atlantic fishery or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more than the applicable bag limit for king mackerel specified in subsection (1), of this rule.

(3) Consistent with Federal Standards, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(ii) as of March 26, 2021).

(4) Except as provided in subsection (3), possession of king mackerel in excess of the bag limit specified in subsection (1) of this rule, by any person aboard a vessel fishing in the Gulf-Atlantic fishery constitutes a violation of this rule.

(5) Annual Season Harvest Limit Adjustment – The goal of the Commission is to rebuild the king mackerel spawning stock biomass in the Gulf-Atlantic fishery, consistent with federal management measures, if in the best interests of the fishery and residents of the state, so that the species is no longer considered overfished and maximum practicable sustainable stock abundance may be maintained. To achieve that goal the Commission will manage the recreational Gulf-Atlantic fishery by means of fishery-wide two-step bag and possession limits without season closures. It is the intention of the Commission to adjust no more frequently than on an annual basis the bag and possession limits specified in subsections (1) and (2), of this rule, if adjustment is necessary to attain progress toward the goal stated above. The following procedure shall be used by the Commission to annually adjust the recreational bag and possession limits, if necessary:

(a) Any adjustment to the bag and possession limits shall be applicable beginning on July 1 and be in effect for at least one calendar year. Once adjusted, the bag and possession limits shall remain in place until adjusted again pursuant to this subsection.

(b) By June 1 of each year in which adjustment of the recreational bag and possession limits is contemplated for the coming season, the Commission shall hold a public hearing to which all interested persons are invited. The meeting shall be noticed in accordance with Section 120.525, F.S.

(c) The adjusted bag and possession limits shall be published by notice in the Florida Administrative Register and in at least three major newspapers in coastal regions of the state within the fishery. The notices shall be published by June 15.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 12-20-84, Formerly 46-12.04, Amended 11-13-86, 11-1-88, 10-1-90, 7-15-96, Formerly 46-12.004, Amended 5-11-17, 8-25-21.

Fla. Admin. Code R. 68B-12.0045 Recreational Season; Season Closure

(1) The king mackerel fishing season for harvesters subject to the bag limit established in subsection 68B-12.004(1), F.A.C., in the Gulf-Atlantic fishery shall be July 1 of each year through June 30 of the following year.

(2) If the harvest of king mackerel in federal Exclusive Economic Zone (EEZ) waters adjacent to the Gulf-Atlantic fishery is closed to all harvesters prior to the end of the season specified in subsection (1), the season for harvest of king mackerel under the bag limit established in subsection 68B-12.004(1), F.A.C. in the Gulf-Atlantic fishery shall continue until the following July 1 under a bag limit of one fish per person, per day, upon notice given by the Commission, in the manner provided in Section 120.81(5), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 11-13-86, Amended 11-1-88, 10-1-90, Formerly 46-12.0045.

Fla. Admin. Code R. 68B-12.0046 Commercial Fishing Season for King Mackerel in the Gulf-Atlantic Fishery; Commercial Seasons; Vessel and Landing Limits

(1) Any person harvesting or possessing king mackerel in excess of the bag and possession limits specified in Rule 68B-12.004, F.A.C. in the Gulf-Atlantic fishery shall also possess a valid saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel.

(2) Persons harvesting king mackerel for commercial purposes from the Gulf-Atlantic fishery shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. §622.385(a)(2) (as of May 11, 2017) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel.

(3) Season closures ‒ If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel, corresponding state waters shall also be closed to commercial harvest of king mackerel, beginning from the date of such closure until federal waters are reopened to commercial harvest of king mackerel.

(4) Transit provisions – A vessel that has onboard king mackerel harvested from an open area in either state or federal waters may transit through and land king mackerel in state waters that are closed to the harvest of king mackerel pursuant to subsection (2), under the following conditions:

(a) The king mackerel have been legally harvested from state or federal waters pursuant to Chapters 68B-12 and 68B-30, F.A.C., or pursuant to Part 622 C.F.R. for king mackerel;

(b) The king mackerel have been harvested pursuant to a Florida saltwater products license and restricted species endorsement (Section 379.362, F.S.) and a federal king mackerel permit (Part 622 C.F.R.);

(c) The transport of king mackerel through the closed state waters is direct, continuous and expeditious from the area open to harvest to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold; and,

(d) All fishing gear must be stowed during transit through the closed area. For the purpose of this section appropriately stowed means a rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

(5) Notice of the closure of each season segment described in subsection (5) of this rule shall be given by the Commission in the manner provided in Section 120.81(5), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 10-1-90, Amended 12-4-91, 11-29-93, 12-28-95, 1-1-97, 1-1-98, Formerly 46-12.0046, Amended 4-1-12, 10-12-15, 5-11-17.

Fla. Admin. Code R. 68B-12.006 Other Prohibitions

(1) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any king mackerel harvested in violation of any provision or condition of this chapter.

(2) The Commission shall issue a permit pursuant to Rule 68B-2.010, F.A.C., to authorize king mackerel caught in an organized tournament to be donated to a licensed wholesale dealer.

(3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in the Gulf-Atlantic fishery, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 11-13-86, Formerly 46-12.006, Amended 10-12-15.

Chapter 68B-13 STONE CRABS

Fla. Admin. Code R. 68B-13.001 Applicability of Rules to State and Federal Waters

The regulations in this rule apply in all state waters and, in absence of any stone crab regulations in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 7-1-11.

Fla. Admin. Code R. 68B-13.0015 Definitions

(1) The term “stone crab” for purposes of this chapter and Section 379.365, F.S., means any crustacean of the species Menippe mercenaria or Menippe adina or their interbreeding hybrids, or any part of such crustacean.

(2) As used in this rule chapter:

(a) “A1-certificates” are trap certificates that have never been transferred from the original certificate holder.

(b) “A2-certificates” are trap certificates that have been transferred to or from an immediate family member for which no surcharge was collected.

(c) “Active certificates” are those certificates for which all license fees, certificate fees, transfer fees and surcharges have been paid in full and are current, and the holder’s saltwater products license (SPL) and stone crab endorsement (X-number) are not inactive.

(d) “Allotted certificates” and “allocated certificates” mean the number of stone crab trap certificates assigned to an individual certificate holder and maintained by the Commission after the initial allocation is established for an individual saltwater products license number with a stone crab endorsement. The certificate balance is that number of certificates as adjusted to reflect lawful transfer of certificates into or out of the certificate holder’s trap certificate account and other adjustments as are lawful and otherwise authorized under the program.

(e) “B-certificates” are trap certificates that have been transferred outside a trap certificate holder’s immediate family and for which a surcharge is due or has been collected.

(f) “Certificate holder” is the individual who holds a valid saltwater products license with a current stone crab endorsement and received an initial allotment of trap certificates or obtained trap certificates from another trap certificate holder, or otherwise lawfully acquired trap certificates and these certificates are assigned to his/her saltwater products license/stone crab endorsement. The certificates may be active or inactive.

(g) “Checker box” means a container used to temporarily possess whole stone crabs on board a vessel at sea for the purpose of determining compliance with size requirements.

(h) “Escape ring” means an opening created within a stone crab trap that is intended to allow bycatch and undersized stone crabs to escape.

(i) “Fair Market Value” means the actual price paid for each certificate by the transferee to the transferor.

(j) “Harvest” means the catching or taking of a stone crab by any means whatsoever, followed by a reduction of such stone crab to possession. Stone crabs caught but immediately returned to the water free, alive, and unharmed, temporarily possessed to determine compliance with size requirements or removed claws, or stored aboard a vessel temporarily until claws are removed as authorized by subsection 68B-13.007(3), F.A.C., are not harvested.

(k) “Harvest for commercial purposes” means the taking or harvesting of stone crabs for purposes of sale, barter, trade or exchange or with intent to sell, barter, trade or exchange or in excess of the recreational bag limit.

(l) The term “immediate family” for purposes of this chapter and Section 379.365, F.S., refers to an endorsement or certificate holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, or half-brother.

(m) “Inactive Certificates” are those certificates which are allocated to a certificate holder but are not available for transfer or issuance of trap tags because the certificate holder has outstanding license fees, certificate fees or penalty assessments and/or the certificate holder’s saltwater products license, stone crab endorsement, or other required licenses, endorsements or authorizations are otherwise under suspension, revocation or inactive.

(n) “Incidental take endorsement” means an identification number stamped on a saltwater products license, showing that the holder of the license is authorized to harvest a limited amount of stone crab claws for commercial purposes as specified in subsection 68B-13.010(5), F.A.C. Such endorsement shall only be valid when used in conjunction with a crawfish or blue crab endorsement; also known as an “I-number.”

(o) “Initial allocation” of certificates means those certificates assigned to an eligible individual pursuant to paragraph 68B-13.010(2)(a), F.A.C.

(p) “Issued certificates” means those certificates which have been paid for, are current, and are assigned to a saltwater products license/stone crab endorsement account.

(q) “Passive reduction” means a decrease in the number of stone crab trap tags, and thus authorized traps, through a reduction in the total number of trap certificates available to the fishery incorporated into the trap certificate transfer process pursuant to subsection 68B-13.010(3), F.A.C.

(r) “Stone crab endorsement” means an identification number stamped on a saltwater products license showing that the holder of the license is authorized to harvest stone crabs for commercial purposes; also known as an “X-number.”

(s) “Stone crab trap” is any device or gear, as defined in Rule 68B-13.008, F.A.C., which is used to aid in the taking of stone crab. Only authorized stone crab traps may be used, and trap tags obtained from trap certificate allocations do not create any authorization whatsoever to use any gear not otherwise lawful to use or aid in the taking of stone crab.

(t) “Transferred certificates” means those certificates that have changed ownership pursuant to subsection 68B-13.010(3), F.A.C.

(u) “Trap certificate transfer” is the process whereby ownership of a specified number of certificates is changed by the Commission from one person to another pursuant to subsection 68B-13.010(3), F.A.C.

(v) “Trap tag” is a physical, durable, annual stone crab trap identification and authorization label, furnished by the Commission to the certificate holder. One trap tag is issued for each active trap certificate held.

(w) “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

(x) “X-number” is another term for stone crab endorsement; derived from the letter “X,” which when used with a number on a saltwater products license, represents the license holder’s stone crab endorsement.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-25-87, Amended 10-4-95, Formerly 46-13.0015, Amended 7-1-00, 7-22-01, 10-1-20, 12-18-23.

Fla. Admin. Code R. 68B-13.002 Stone Crabs, Regulation

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 4-10-85, Formerly 46-13.02, Amended 4-18-90, 6-17-93, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-13.002, Repealed 7-1-00.

Fla. Admin. Code R. 68B-13.005 Designation as Restricted Species; Season; Repeal of Special Act

(1) Stone crabs are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

(2) The season for the harvest, possession and sale of stone crab claws shall be from October 15 through May 1, each year. No person, firm or corporation, shall harvest, or have in his or her possession, regardless of where taken, or sell or offer for sale, any stone crab of any size, or any parts thereof, from May 2 through October 14, each year, except for stone crab claws, placed in inventory by a wholesale or retail dealer as defined in Section 379.414, F.S., prior to May 2 of each year.

(3) Chapter 73-432, Laws of Florida, relating to the maximum allowed number of stone crab traps fished per boat in Citrus, Dixie, Levy, and Taylor Counties, is hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-1-03, 10-1-20.

Fla. Admin. Code R. 68B-13.006 Licenses, Endorsements, and Permits

(1)(a) Except as provided in subsection 68B-13.010(5), F.A.C., in addition to a saltwater products license, a stone crab endorsement is required in order to harvest and possess stone crabs for commercial purposes. This endorsement shall only be issued to a person, firm or corporation that possess a valid restricted species endorsement on their saltwater products license issued pursuant to Section 379.361, F.S.

(b) Until July 1, 2002, no stone crab endorsements shall be renewed or replaced except those endorsements that were active during the 2000-2001 fiscal year. Renewal of such endorsements shall be made by the endorsement holder or an immediate family member on the endorsement holder’s behalf, prior to September 30, 2001. Failure to renew by September 30, 2001, shall lead to the deactivation of the holder’s endorsement.

(2) Notwithstanding the requirements of paragraph (1)(a), and subsections (1) and (2), of Rule 68B-13.010, F.A.C., any aquaculture producer, as defined in Section 597.0015(2), F.S., authorized to produce marine aquaculture products and engaged in the culture of shellfish may possess and use up to 75 stone crab traps for the sole purpose of taking destructive or nuisance stone crabs within 1 mile of the producer’s aquaculture shellfish beds if they first obtain a depredation permit from the Commission. Stone crabs taken under this subsection may not be sold, bartered, exchanged, or offered for sale, barter, or exchange.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 8-5-01, 3-1-05, 8-31-11.

Fla. Admin. Code R. 68B-13.007 Restrictions on Size and on Transport and Possession of Stone Crabs and Stone Crab Claws

(1) Except as provided in subsection (3), of this rule, and in subsection 68B-13.006(2), F.A.C., it is unlawful to harvest, possess, sell, or offer for sale any stone crab claw at any time which has a forearm (propodus) of less than 2 7/8 inches in length, measured by a straight line from the elbow to the tip of the lower immovable finger. The forearm shall be deemed to be the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body of the crab.

(2) Except as provided in subsection (3), of this rule, and in subsection 68B-13.006(2), F.A.C., it is unlawful for any person, firm, or corporation to possess or transport by boat, land vehicle, airplane, or other conveyance any intact stone crab or stone crab body whether dead or alive. Only legal sized claws of stone crabs may be possessed or transported.

(3) Permissible temporary possession of whole stone crabs.

(a) Whole stone crabs may be temporarily possessed on board a vessel while such vessel is at sea for the purpose of determining compliance with size requirements until such time as the claws are removed, provided that the following conditions are met:

A person may not possess whole stone crabs unless such crabs are held within a checker box using one of the following configurations:

a. Up to two checker boxes, each no larger in dimension than 36 inches, by 24 inches, by 24 inches, or a volume of 12 cubic feet; or,

b. Any combination of checker boxes, provided that the total volume does not exceed 24 cubic feet.

Whole stone crabs held in a checker box must be shaded and wet with sea water every 30 minutes, or more often if necessary, to keep the crabs in a damp condition.
Checker boxes may not be stacked in a manner which compresses the crabs.

(b) This provision will not be construed to authorize the harvest of a whole stone crab or authorize a recreational harvester to exceed the applicable bag limit or possession limit established in subsection 68B-13.009(1), F.A.C.

(4) It is unlawful to remove claws from egg-bearing female stone crabs or to have any egg-bearing female stone crab on board a vessel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 10-1-20.

Fla. Admin. Code R. 68B-13.008 Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer

(1) Gear. It is unlawful to use any device in the taking of stone crabs that can puncture, crush, or injure the crab body, such as spears, grains, grabs, hooks, or similar devices.

(2) Trap Construction. No person, firm, or corporation shall transport on the water, fish with, or cause to be fished with, set, or placed, in the harvest of stone crabs, any trap which does not meet the following requirements:

(a) Each trap shall be constructed of either wood, plastic, or wire.

(b) Traps shall have a maximum dimension of 24 inches, by 24 inches, by 24 inches or a volume of 8 cubic feet.

a. The use of round throats is prohibited in state and federal waters off Collier, Monroe, and Miami-Dade counties. In state and federal waters off Collier, Monroe, and Miami-Dade counties, the smallest inside opening of the throat shall not exceed 5 1/2 inches in the longer dimension and shall not exceed 3 1/8 inches in the shorter dimension.

b. For traps fished anywhere other than state or federal waters off Collier, Monroe, or Miami-Dade counties, if the throat is longer in one dimension, the throat size in the longer dimension shall not exceed 5 1/2 inches and in the shorter dimension shall not exceed 3 1/2 inches. If the throat is round, the throat size shall not exceed 5 inches in diameter.

Each throat (entrance) in any wire trap used to harvest stone crabs shall be horizontally oriented. The width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, shall be greater than the height of any such opening. No such throat shall extend farther than 6 inches into the inside of any trap, measured from where the throat opening meets the vertical wall of the trap to the throat opening at its farthest point from the vertical wall, inside the trap.
Each wire trap used to harvest stone crabs shall have at least three unobstructed escape rings, each with a minimum opening diameter of 2 3/8 inches. One such escape ring shall be located adjacent to each crab retaining chamber.
Each plastic and wood trap used to harvest stone crabs must have at least one unobstructed escape ring with a minimum opening diameter of 2 3/16 inches, and by October 5, 2024, such escape ring must be located within a vertical exterior trap wall.
Each plastic or wire trap used to harvest stone crabs shall have a degradable panel.

a. A plastic trap shall be considered to have a degradable panel if it contains at least one sidewall with a rectangular opening no smaller in either dimension than that of the throat. This opening must be obstructed with a cypress or untreated pine slat or slats no thicker than 3/4 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.

b. A wire trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(I) The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.

(II) The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.

(III) The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.

(IV) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.

(V) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.

(VI) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.

(VII) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by galvanized staples 16 gauge or thinner, rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.

(3) Commercial Trap Marking Requirements.

(a) Each trap used must have the trap owner’s stone crab endorsement number permanently attached. In addition, the stone crab endorsement number shall be affixed in legible figures at least two inches high on each buoy used. A valid commercial saltwater products license with the corresponding stone crab endorsement number must be on the boat and the license and stone crab claws shall be subject to inspection at all times. Except as provided in paragraph (4)(c), of this rule, no more than two stone crab endorsement numbers shall be used on a single vessel.

(b) A buoy or time release buoy shall be attached to each trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be of such color, hue, and brilliancy as to be easily distinguished, seen, and located. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a stone crab trap or attached to a trotline shall float on the surface of the water.

(c) The buoy color and endorsement number shall also be permanently and conspicuously displayed on any vessel used by a person harvesting for commercial purposes for setting and collecting said traps and buoys, so as to be readily identifiable from the air and water, in the following manner:

From the Air – The buoy design approved by the Commission shall be displayed and be permanently affixed to the uppermost structural portion of the vessel and displayed horizontally with the painted design up. The display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 20 inches in diameter, outlined in a contrasting color, together with the endorsement number permanently affixed beneath the circle in numerals no smaller than 10 inches in height.
From the Water – The buoy design approved by the Commission shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the endorsement number permanently affixed beneath the circle in numerals no smaller than 4 inches in height.

(4) Trap Working Regulations.

(a) It is unlawful for any person to place traps in the navigation channels of the intracoastal waterways, or in navigation channels maintained and marked by the Corps of Engineers, Coast Guard, State of Florida, or any county or municipal government.

(b) Traps may be worked during daylight hours only, and the pulling of traps from one hour after official sunset until one hour before official sunrise is prohibited.

(c) During any time of the year when it is legal to transport stone crab traps, a harvester shall obtain permission from the Division of Law Enforcement to allow another person to transport, deploy, pull, or retrieve his or her traps.

Permission shall be granted upon receipt of a written statement signed by both the commercial harvester seeking to have his or her traps pulled and the person designated to pull the traps.

a. Such written statement shall contain the following:

(I) The reason the harvester needs to have his or her traps pulled,

(II) The numbers of the saltwater products license and stone crab endorsement of both, the harvester seeking to have the traps pulled and the person who will be pulling the traps,

(III) The buoy colors of the harvester seeking such permission,

(IV) The name and number of the vessel to be used by the person who will be pulling the traps,

(V) The general locations of the pulling activity of the vessel to be engaged in pulling the traps; and,

(VI) The dates the other person will be transporting, deploying, pulling or retrieving the traps.

b. Permission to pull traps in this manner shall be obtained daily by telephone from the Division of Law Enforcement for a maximum of 5 days without renewal or extension of the request.

Permission to have traps pulled by another person for a longer period of time, must be based on extraordinary circumstances such as severe personal or family illness or accident or major equipment problem, and shall be obtained through petition to the Division of Law Enforcement on Commission Form DMF-SL3030 (02-13) (Stone Crab Trap Pulling Petition) found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02667, herein incorporated by reference, and shall be granted upon such conditions as the division deems appropriate for the protection of the resource.

a. It shall be the responsibility of the commercial harvester, or a member of the harvester’s immediate family, to petition the division.

b. The petition shall include:

(I) A complete description of the extraordinary circumstances with corroborating documentation,

(II) The amount of additional time requested,

(III) The number of traps to be pulled; and,

(IV) A notarized statement from the other person, attesting to his/her willingness and ability to pull these traps during this time period as well as an awareness of all rules governing the stone crab fishery.

The person designated to pull the petitioner’s traps is required to establish a float plan with Division of Law Enforcement Dispatch for each day traps will be pulled prior to pulling traps.
If the person designated to pull the petitioner’s traps does not possess a saltwater products license with restricted species and stone crab endorsements, the petitioner, as the license holder of record must possess a vessel saltwater products license and shall be held accountable for the designee’s compliance with all regulations governing the stone crab fishery.

(d) Except as provided in paragraph (e), of this subsection, it shall be unlawful to transport on the water, fish with, set, or place, or cause to be fished with, set, or placed, any trap or part thereof during the closed stone crab season, except that traps may be placed in the water and baited 10 days prior to the opening of the stone crab season and shall be removed within five days after the close of the stone crab season. However, the Division of Law Enforcement of the Fish and Wildlife Conservation Commission will grant an extension for the retrieval of traps for up to a maximum of ten days after the expiration of the five-day grace period, or a total of up to 15 days after the close of the stone crab season, upon the following conditions:

The trap owner or the owner’s lawfully designated agent shall request, in writing, permission for an extension of the grace period for retrieval of traps. The request shall specify the owner’s name and trap number, the name 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 reason(s) for the request.
On the day that trap retrieval commences, and on each subsequent day that trap retrieval continues, the Division of Law Enforcement must be advised in person or by telephone of the trap locations and landing site.
Reasons for granting an extension shall be limited to:

a. Hazardous weather at the end of the season or during the trap retrieval period.

b. Medical emergencies which make it impossible for the owner to operate a boat.

c. Equipment breakdown.

Nothing herein shall authorize the landing or sale of any stone crab or stone crab claw during the closed season.

(e) Any traps, floats or ropes in the water more than ten days prior to the opening of the stone crab season or remaining in the water or otherwise abandoned during the closed season (following the grace period and any extensions thereof for retrieval of traps) are declared to be public nuisances and shall be disposed of in a manner approved by the Division of Law Enforcement. This provision shall be in addition to any penalty imposed by law.

(5) Trap Transfer. Ownership of stone crab traps may be transferred to other persons, firms or corporations, so long as the following conditions are met:

(a) The person or entity acquiring ownership of such stone crab traps must notify the Division of Law Enforcement within five days of acquiring ownership and prior to placing or setting the traps in the water, as to the number of traps purchased, the vendor and the endorsement number currently displayed on the traps, and in addition, shall request issuance of a stone crab endorsement if such person or entity does not currently have one.

(b) Buoys must be renumbered and recolored at the first pulling of traps.

(c) The new endorsement number must be permanently attached to the traps prior to setting such traps in the following open season.

(d) The new owner must retain a valid bill of sale.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 7-15-04, 7-13-08, 6-19-13, 10-25-15, 10-1-20, 12-18-23.

Fla. Admin. Code R. 68B-13.009 Recreational Stone Crab Harvest: Bag Limit, Trap Limit, Trap Marking Requirements, Trap Pulling, Trap Pulling, Recreational Stone Crab Trap Registration Requirement

(1) BAG LIMIT. Except for persons harvesting pursuant to a saltwater products license with a stone crab endorsement or an incidental take endorsement and a restricted species endorsement, each harvester of stone crab claws is subject to a daily bag limit of 1 gallon of stone crab claws; provided, however, that no more than 2 gallons shall be possessed aboard any vessel at any time.

(2) TRAP LIMIT. Except for persons holding a saltwater products license with restricted species and stone crab endorsements, no person harvesting stone crabs pursuant to this subsection shall harvest from, fish with, set, or place in the waters of the state more than 5 stone crab traps. Any such traps shall meet all requirements for stone crab traps specified in Rule 68B-13.008, F.A.C., in subsection (2), and in paragraphs (3)(b), (4)(a), (b), (d), and (e).

(3) TRAP MARKING REQUIREMENTS.

(a) The buoy attached to each trap used to harvest stone crabs, other than those used to harvest for commercial purposes, shall have a legible “R”, at least two inches high, permanently affixed to it. A buoy is not required on a trap fished from a dock.

(b) Each trap shall have the harvester’s full name, address, and unless exempt pursuant to paragraph (4)(d), a valid recreational stone crab trap identification number assigned by the Recreational Stone Crab Trap Registration pursuant to subsection (4), permanently affixed to it in legible letters.

(4) REPORTING REQUIREMENT. The purpose and intent of this subsection is to improve recreational harvest data collection capabilities and estimates of trap effort for the recreational stone crab trap fishery by identifying the population of recreational harvesters participating in this trap fishery.

(a) Recreational harvesters are required to report their intention to harvest or attempt to harvest stone crabs using traps in the upcoming year. A recreational harvester may not deploy a stone crab trap authorized by subsection 68B-13.008(2) or harvest from or attempt to harvest from, fish with, set, or place such a trap within or without Florida Waters, unless that person has reported their intention to do so by completing the Recreational Stone Crab Trap Registration within the previous 12 months. Upon completion of the Recreational Stone Crab Trap Registration, a recreational harvester will be assigned a series of five recreational stone crab trap identification numbers.

(b) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(c) Commission-issued proof of registration required in paragraph (a) must be in the personal possession of the recreational harvester while the recreational harvester is harvesting from or attempting to harvest from, fish with, set, or place a stone crab trap authorized by subsection 68B-13.008(2) within or without Florida Waters, or in possession of a stone crab trap authorized by subsection 68B-13.008(2) within or without Florida Waters.

(d) Persons meeting the criteria outlined in paragraphs 379.353(2)(a), (i), (j), and (o), F.S., are exempt from the reporting requirement established by this subsection.

(5) TRAP PULLING. Except for persons harvesting pursuant to a saltwater products license with a stone crab endorsement and a restricted species endorsement, no person shall use any means other than manual means to pull stone crab traps in or from the waters of the State of Florida.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 10-1-19.

Fla. Admin. Code R. 68B-13.010 Stone Crab Trap Limitation Program

(1) PURPOSE AND INTENT. Rapid growth of Florida’s stone crab trap industry has led to an excessive number of traps in the water, declining yields per trap, and an increase in conflicts between stone crabbers and shrimp trawlers. The expanding number of traps, buoys and ropes impede navigation and damage hard bottom and sea grass beds. In an effort to solve these problems, the Fish and Wildlife Conservation Commission is establishing a trap limitation program for the stone crab fishery in which the principal goal is to stabilize the fishery while generating an optimum sustainable yield utilizing the fewest number of traps.

(2) CERTIFICATES AND TRAP TAGS. Each holder of a stone crab trap endorsement must have a certificate on record for each stone crab trap used or possessed in or on the water. In addition, attached to each trap shall be a tag, issued annually by the Commission, which corresponds to a valid certificate.

(a) Certificates.

A person is eligible for the initial allocation of stone crab trap certificates if he or she possessed a saltwater products license (SPL) with a restricted species endorsement and a stone crab endorsement during the 1999/2000 fishing season, and can establish pursuant to Commission trip ticket records generated under the provisions of Section 379.365, F.S., that he or she had at least 300 pounds of stone crab claw landings associated with any one SPL, during any one fishing season from 1993/1994 through 1998/1999. A SPL with less than 300 pounds is not eligible to receive stone crab trap certificates.
Once eligible, a person will qualify for the initial allocation of certificates for each SPL based on whichever is less, the number of traps listed on the SPL application, or the pounds of claws landed divided by 2, as reported through the trip ticket program during any one of the applicable fishing seasons. The number of certificates allocated will be based on the highest cumulative total of qualified certificates for each SPL during one fishing season, 1995/1996 through 1997/1998.

a. A person who possesses an individual SPL and a vessel SPL with the number of traps listed only on one license’s application form and landings primarily reported on the other license shall be considered to have only one SPL for purpose of this section and allocated trap certificates as described above.

b. A person who has purchased another’s stone crab business, between July 1, 1995 and July 1, 2000 shall receive the trap certificates allocated to the seller, without a passive reduction, provided that they can submit documentation showing that the seller’s landings history was specifically part of the sale-purchase agreement. Acceptable documentation includes a copy of a contract or bill of sale specifically identifying landings history as one of the items included in the sale of the business or a letter from the seller to the Commission stating that he/she is the recipient of the original trap certificate allocation and describing what specifically was included in the sale of the business. The seller of a stone crab business that included the landings history cannot receive an additional allocation of certificates based on landings subsequent to sale of that business. Any trap certificates obtained through purchase of a stone crab business after July 1, 2000 will be subject to passive reduction at the time of transfer.

Certificates shall only be issued to natural persons. For the purposes of this section, the term “natural person,” or “person,” refers to a human being and does not include a firm, organization, partnership, association, corporation, or other business or legal entity or group or combination. All endorsement holders other than natural persons shall designate the person or persons to whom they are assigning their certificates and the number thereof to each, if more than one person is designated, on Commission Form DMF-SL3070 (07-01) (Certificate Designation for Business or Corporation), incorporated herein by reference.
A firm, organization, partnership, association, corporation, or other business entity or legal entity or group or combination can neither receive an initial allocation nor purchase and possess in their name stone crab trap certificates.
Certificates shall only be issued to persons who possess a current year saltwater products license with a stone crab endorsement, neither of which are under suspension or revocation.
The Commission shall notify all holders of a 1999/2000 saltwater products license with a stone crab endorsement of their initial allocation of stone crab trap certificates; those persons will indicate either their acceptance of or intent to appeal the initial allocation on Commission Forms DMF-SL3050 (07-01) (Statement of Acceptance or Appeal of Stone Crab Certificate Allocation), and DMF-SL 3060 (07-01) (Application for Appeal/Review of Stone Crab Trap Certificate Allocation), incorporated herein by reference.
In no event shall any person, firm, corporation, or other business entity, possess or control, directly or indirectly, more than 1% of the total available certificates issued in any fishing season.
Certificates will only be issued in whole numbers; there are no fractional certificates.
There must be one or more certificates allocated to a certificate holder in order for the certificate holder to have a trap certificate account established. A person may have a saltwater products license/stone crab endorsement with no trap certificates; a person may not receive trap certificates without a stone crab endorsement.
Partial payment of annual certificate fees will not be accepted. However, upon receipt of the trap certificate billing statement for 2002/2003 stone crab trap tags, a certificate holder may submit fees for only those trap certificates that they wish to retain in their account. Any trap certificates for which the fees are not paid at that time will be forfeited and permanently removed from the fishery.
Stone crab trap certificates and tags shall not be issued to certificate holders until all license fees, certificate fees, surcharges and any other outstanding fees owed the Commission have been paid in full and are current and the certificate holder’s SPL, stone crab endorsement are not otherwise inactive.
Trap certificates are considered to be inactive if:

a. The certificate holder fails to renew his/her saltwater products license or has his/her license suspended or revoked,

b. The certificate holder does not renew his/her stone crab endorsement or the endorsement has been suspended or revoked,

c. All annual certificate fees have not been paid in full, or

d. The certificate holder is deceased.

After the 2002/2003 fishing year, the fees for unpaid certificates will accumulate each year a certificate holder fails to pay his or her annual certificate fee. Partial payment of accumulated certificate fees will not be accepted. However, any number of certificates may be permanently surrendered by the certificate holder at any time by completing Commission Form DMF-SL0500 (7-04), incorporated herein by reference. In the event a holder’s annual certificate fee is not paid for a period of 3 years, the certificates shall be considered abandoned and permanently removed from the pool of available certificates. All prior certificate fees must be paid in order to keep certificates current and avoid a declaration of abandonment.
In the event a holder’s trap certificates are inactive pursuant to sub-subparagraphs 12.a.-12.c. for a period of 3 years, the certificates shall be considered abandoned and permanently removed from the pool of available certificates.

(b) Trap tags. Beginning October 1, 2002, each trap used for the directed harvest of stone crabs in state waters or adjacent federal waters shall, in addition to having the stone crab endorsement number permanently attached as required in paragraph 68B-13.008(3)(a), F.A.C., also have firmly affixed thereto a current trap tag issued annually by the Commission. Each such tag shall be made of durable plastic or material similarly durable and shall have printed thereon the owner’s endorsement number. The number of trap tags issued to each endorsement holder shall not exceed the number of trap certificates held by the endorsement holder at the time of issuance. To facilitate enforcement and record keeping, such tags shall be issued each year in a different color from that of each of the previous 3 years. Traps with tags which are not firmly affixed by nails, staples, or otherwise securely fastened as may be provided by the Commission, shall be considered untagged for enforcement purposes. A federal stone crab trap tag issued by the National Marine Fisheries Service meets the requirements of this rule for traps fished in federal waters or in transit to federal waters.

(c) Lost or damaged tags may be replaced using Commission Form DMF-SL3010 (07-01) (Stone Crab Trap Tag Replacement Application), herein incorporated by reference, and upon proper verification of loss as defined in paragraph (e), below, and payment of the replacement tag fee. Damaged tags must be returned to the Commission.

(d) Cost of the replacement tags for tags lost in the event of a major natural disaster will reasonably reflect the actual cost incurred by the Commission, which is construed to include shipping and handling fees.

(3) CERTIFICATE TRANSFERABILITY AND PASSIVE REDUCTION. After initial issuance, trap certificates are transferable on a market basis and may be transferred for a fair market value agreed upon between the transferor and transferee.

(a) Transfer window. Trap certificates shall only be transferred from the trap certificate account of one person to the account of another between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. However, requests to transfer trap certificates received after February 15 may not be completed during the current season if all required information and fees are not also received at that time.

(b) Both the purchaser and seller of stone crab trap certificates must hold a valid saltwater products license with a stone crab endorsement at the time of transfer.

(c) A person who intends to close their trap certificate account by transferring all of their trap certificates to another person, and does not qualify for the restricted species endorsement, shall be exempt from the restricted species requirement of paragraph 68B-13.006(1)(a), F.A.C.

(d) Transfer of any certificates shall, within 72 hours thereof, be reported on either Commission Form DMF-SL3000a (10-16) (Stone Crab Trap Certificate Transfer Application – Standard), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07678), or Commission Form DMF-SL3000b (10-16) (Stone Crab Trap Certificate Transfer Application – Immediate Family, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07676), incorporated herein by reference, which has been signed by both parties, notarized and hand delivered or sent by certified mail, return receipt requested, to the Commission for recording in the seller’s and purchaser’s trap certificate accounts. No transfer of any certificates will be effective, resulting in the issuance of transfer tags, until:

The Commission receives the notarized transfer form from the seller; and,
The Commission receives a notarized copy of the bill of sale from the purchaser; and,
All outstanding license fees, endorsement fees, trap tag fees, transfer fees, surcharges and any other charges owed to the Commission by either party in the transaction are paid; and,
The saltwater products license, stone crab endorsement, and all certificates or other required licenses, endorsements or authorizations held by both parties in the transaction are not suspended, revoked, or inactive.

(e) The certificate holder transferring his/her trap certificates shall designate in detail which type of certificates (A1, A2 or B) are being transferred, and in what combinations thereof. B-certificates will be reduced prior to A-certificates at the time of transfer.

(f) Upon the sale or transfer of certificates outside the immediate family of the certificate holder, the number of certificates received by the purchaser shall be reduced by the following percentages depending on the overall number of certificates available to harvesters throughout the state at the time of sale:

If more than 1 1/2 million certificates are available, there shall be a 25 percent reduction in the number of certificates received by the purchaser.
If more than 1 1/4 million, but fewer than 1 1/2 million certificates are available, there shall be a 22 1/2 percent reduction in the number of certificates received by the purchaser.
If more than 1 million, but fewer than 1 1/4 million certificates are available, there shall be an 18 1/2 percent reduction in the number of certificates received by the purchaser.
If more than 3/4 of a million, but fewer than 1 million certificates are available, there shall be a 15 percent reduction in the number of certificates received by the purchaser.
If more than 600,000, but fewer than 3/4 of a million certificates are available, there shall be a 10 percent reduction in the number of certificates received by the purchaser.
When 600,000 certificates or fewer are available, there shall be no percentage reduction in the number of certificates received by the purchaser.

(g) If the percentage reduction results in a fractional number, that fraction, which represents a partial trap certificate/trap, will be rounded off to the nearest whole number, representing a whole trap certificate/trap. Only whole trap certificates will be removed from an account during reduction.

(h) The Commission will maintain records of all certificates and their transfers and annually provide each endorsement holder with a statement of their certificate account.

(i) In the event of death or disability, endorsements and certificates may be transferred to a member of the immediate family without the family member being subject to any transfer fees or a reduction in the number of certificates transferred. However, certificates will only be transferred if all outstanding license fees, endorsement fees, trap tag fees, surcharges and any other charges owed by either party to the Commission are paid, and both parties’ saltwater products license, stone crab endorsement, and all certificates or other required licenses, endorsements or authorizations are not suspended, revoked or inactive.

(j) A person is eligible for the reduced transfer fee of Section 379.365(1)(b)2., F.S., if he/she:

Has crew share statements and IRS Forms 1099 and 1040 or IRS Forms W2 and 1040 showing participation in the stone crab fishery as a crew member on a properly licensed vessel during at least one of two previous stone crab fishing seasons,
Qualifies for a restricted species endorsement,
Is sponsored by a captain who has knowledge and expertise in the stone crab fishery with annual landings of stone crab claws of at least 1000 pounds in any two of the previous three stone crab seasons and who certifies, on Commission Form DMF-SL3020 (07-01) (Eligible Mate, Stone Crab Certificate Sponsorship Form), incorporated herein by reference, that the person is knowledgeable and possesses skills necessary for participation in the stone crab fishery; and,
Has not received an initial allocation of one or more stone crab trap certificates from the Commission.

A person requesting the reduced transfer fee shall submit their request, with supporting eligibility documentation, at the same time they submit the stone crab trap certificate transfer application (Form DMF-SL 3000 (07-01)) to report their first purchase of trap certificates. Once eligible, a person will receive the reduced transfer fee on all purchases of trap certificates made within a 12 month period beginning with the date of first purchase.

(k) Each year as the numbers of certificates are reduced, the Commission may make up to 5% of the total amount of reduced certificates available to persons properly licensed and qualified to harvest stone crabs pursuant to the requirements of this rule chapter.

(4) LEASING PROHIBITED. The leasing of stone crab certificates or the corresponding trap tags is prohibited.

(5) INCIDENTAL TAKE ENDORSEMENT. Persons possessing valid crawfish or blue crab endorsements, but who do not also possess a valid stone crab endorsement, may land and sell 5 gallons of stone crab claws per day if the stone crab claws are harvested from legal crawfish or blue crab traps and the crawfish or blue crab endorsement holder also possesses a valid stone crab incidental take endorsement. Application for an incidental take endorsement shall be on Commission Form DMF-SL2800 (07-01) (Application for a Stone Crab Incidental Take Endorsement (I#)), incorporated herein by reference.

(6) NO VESTED RIGHTS. The stone crab trap limitation program does not create any vested rights for endorsement or certificate holders whatsoever and may be altered or terminated by the Commission as necessary to protect the stone crab resource, the participants in the fishery, or the public interest.

(7) STONE CRAB ADVISORY BOARD. There is hereby established the Stone Crab Advisory Board. Such board shall consider and advise the Commission on the operation of the trap limitation program and any problems in the fishery.

(a)1. Board Composition. The board shall consist of a member of the Commission staff appointed by the executive director, and eight members appointed by the executive director according to the following criteria, except as otherwise provided in subparagraph 2.:

a. All appointed members other than the commission staff person, shall be stone crab trap certificate holders. At least two shall hold fewer than 1000 certificates, at least two shall hold at least 1000 but no more than 3000 certificates, and at least two shall hold more than 3000 certificates.

b. At least one member shall come from each of the following regions:

(I) Wakulla, Taylor, Dixie, or Levy Counties,

(II) Citrus, Hernando, Pasco, Pinellas, or Hillsborough Counties; and,

(III) Manatee, Sarasota, Charlotte, or Lee Counties.

(IV) Collier, Monroe and Dade Counties.

c. At least one appointed member shall be a person of Hispanic origin capable of speaking conversational English and Spanish.

d. The initial Board members will consist of the members of the stone crab Trap Certificate Advisory and Appeals Board, which Board sunsets on July 1, 2003.

If there are not enough individuals that meet the above-referenced criteria, the executive director of the Commission may fill any position on the initial board with an individual who does not fulfill the requirements of subparagraph 1. However, as soon as individuals are available that meet the requirements of subparagraph 1., the executive director may replace any individual who does not meet the above-referenced criteria, and fill the position on the board with the qualified appointees. The executive director of the commission shall replace any board member who is cited for and convicted of a violation of Chapter 68B-13, F.A.C., or who misses more than two scheduled meetings of the board without approval from the board chair with another stone crab fisherman from any region.
Stone crab endorsement holders wanting to be considered for appointment to the Stone Crab Advisory Board shall make their request on Commission form DMF-SL3080 (07-03) (Application for Stone Crab Advisory Board), incorporated herein by reference.

(b) Meetings. The staff member of the Commission appointed by the executive director shall sit on the board as a voting member. The board shall annually elect a chair and a vice chair. There shall be no limitation on successive terms that may be served by a chair or vice chair. The board shall meet at the call of its chair, at the request of a majority of its membership, at the request of the Commission, or at such times as may be prescribed by its procedural rules. Official action of the board shall require a majority vote of the total membership of the board present at the meeting.

(c) Terms. Board members shall serve staggered terms of three years, provided however that this shall not apply to the commission staff member who serves at the pleasure of the executive director. Three terms will expire on July 1, 2004, three terms will expire on July 1, 2005, and two terms will expire on July 1, 2006.

(d) Expenses. Members of the board shall receive no compensation, however, they shall be reimbursed for per diem and travel expenses as provided in Section 112.061, F.S.

(e) Final Action. Upon reaching a decision on any problem brought before it, the board shall submit such decision as a recommendation to the executive director of the Commission. The executive director may submit said recommendation(s) to the Commission at his or her discretion.

(f) Board Authority. The Board shall have the authority to conduct workshops with fishermen to determine what problems exist in the fishery and to make recommendations to solve those problems.

(g) Dissolution. On July 1, 2011, the board shall be dissolved.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const., 379.365 FS. History–New 7-1-00, Amended 7-22-01, 6-2-02, 7-1-03, 7-15-04, 7-13-08, 5-1-11, 7-1-11, 12-28-16, 10-1-19.

Fla. Admin. Code R. 68B-13.011 Prohibitions

(1) It is unlawful for a person to possess or use any other gear or device designed to attract and enclose or otherwise aid in the taking of stone crabs with a trap that does not meet the specifications of this rule chapter.

(2) It is unlawful for a person to possess or use stone crab trap tags without having the necessary number of certificates on record.

(3) It is unlawful for any person to remove the contents of another harvester’s trap without the trap owner providing his or her consent pursuant to the requirements of this rule chapter. Such unauthorized removal constitutes theft.

(4) It is unlawful for any person to willfully molest any stone crab trap, line, or buoy that is the property of any license holder, without the permission of that license holder.

(5) It is unlawful for any person to use a stone crab trap tag not issued to them by the commission, or to use an expired tag.

(6) It is unlawful for any person to make, alter, forge, counterfeit, or reproduce a stone crab trap tag.

(7) It is unlawful for any person to have in his or her possession a forged, counterfeit, or imitation stone crab trap tag.

(8) It is unlawful for any person to barter, trade, sell, supply, agree to supply, aid in supplying, or give away a stone crab trap tag or certificate unless such action is duly authorized by the commission as provided by commission rules.

(9) It is unlawful for any person to harvest stone crab claws out of season.

(10) It is unlawful to fraudulently report the actual value of transferred stone crab certificates.

(11) It is unlawful for a person to possess or use a stone crab trap in or on state waters or adjacent federal waters without having firmly affixed thereto the trap tag required by this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 7-1-11.

Fla. Admin. Code R. 68B-13.012 Commission Policy Regarding the Assessment of Administrative Penalties

(1) It shall be the policy of the Commission to assess administrative penalties pursuant to Section 379.365(2)(a), F.S., for conviction of a violation involving use of stone crab traps without current year trap tags (paragraph 68B-13.010(2)(b), and subsections 68B-13.011(5) and (11), F.A.C.), as follows:

(a) For a first conviction:

Involving 20 or fewer untagged stone crab traps – $25 per untagged trap;
Involving 21 or more untagged stone crab traps – $1000 and suspension of the stone crab endorsement for the remainder of the fishing season.

(b) For a second conviction occurring within 24 months of any previous such conviction:

Involving 5 or fewer untagged stone crab traps – $50 per untagged trap,
Involving 6 up to and including 20 untagged stone crab traps – $75 per untagged trap and suspension of the stone crab endorsement for 12 calendar months,
Involving 21 or more untagged stone crab traps – $2000 and suspension of the stone crab endorsement for 12 calendar months.

Involving 5 or fewer untagged stone crab traps – $100 per untagged trap and suspension of the stone crab endorsement for 24 calendar months,
Involving 6 up to and including 20 untagged stone crab traps – $2,500 and suspension of the stone crab endorsement for 24 calendar months,
Involving 21 or more untagged stone crab traps – $5,000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of untagged stone crab traps involved – permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(2) It shall be the policy of the Commission to assess administrative penalties pursuant to Section 379.365(2)(a) and (c), F.S., for conviction of a violation involving the possession or use of any stone crab trap tags not issued by the Commission or the unlawful making, altering, forging, counterfeiting or reproducing of stone crab trap tags (subsections 68B-13.011(5), (6) and (7), F.A.C., as follows:

(a) For a first conviction:

Involving 15 or fewer illegal stone crab trap tags – $1,000,
Involving 16 or more illegal stone crab trap tags – $1,000 and suspension of the stone crab endorsement for the remainder of the license year.

(b) For a second conviction occurring within 24 months of a previous such violation:

Involving 10 or fewer illegal stone crab trap tags – $1,000 and suspension of the stone crab endorsement for 12 calendar months,
Involving 11 or more illegal stone crab trap tags – $2,000 and suspension of the stone crab endorsement for 12 calendar months.

Involving 5 or fewer illegal stone crab trap tags – $3,000 and suspension of the stone crab endorsement for 24 calendar months,
Involving 6 or more illegal stone crab trap tags – $5,000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of illegal stone crab trap tags involved, permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(3) It shall be the policy of the Commission to assess administrative penalties pursuant to Sections 379.365(2)(a) and (c), F.S., for conviction of a violation involving the sale, barter, trade, loan, or giving of stone crab trap certificates or trap tags without authorization from the Commission (subsection 68B-13.011(8), F.A.C.) as follows:

(a) For a first conviction:

Involving 5 or fewer stone crab trap certificates or trap tags – $1,000,
Involving 6 or more stone crab trap certificates or trap tags – $1,000 and suspension of the stone crab endorsement for the remainder of the fishing season.

(b) For a second conviction occurring within 24 months of a previous such violation:

Involving 5 or fewer stone crab trap certificates or trap tags – $1,000 and suspension of the stone crab endorsement for 12 calendar months,
Involving 6 or more stone crab trap certificates or trap tags – $2,000 and suspension of the stone crab endorsement for 12 calendar months.

Involving 5 or fewer stone crab trap certificates or trap tags – $3,000 and suspension of the stone crab endorsement for 24 calendar months,
Involving 6 or more stone crab trap certificates or trap tags – $5,000 and suspension of the stone crab endorsement for 24 calendar months.

(d) For a fourth conviction occurring within 48 months of three previous such violations, regardless of the number of stone crab trap tags involved, permanent revocation of the saltwater products license, all endorsements and associated fishing privileges.

(4) It shall be the policy of the Commission to assess an administrative penalty pursuant to Section 379.365(2)(d), F.S., for conviction of a violation involving fraudulently reporting the actual value of stone crab trap certificates on the Commission’s trap certificate transfer form (subsection 68B-13.011(10), F.A.C.) as follows:

(a) If the difference between the actual value and the reported value of the trap certificate(s) is less than 25% of the actual value – suspension of the purchaser’s stone crab endorsement for six calendar months.

(b) If the difference between the actual value and the reported value of the trap certificate(s) is between 25% and 49.9% of the actual value – suspension of the purchaser’s stone crab endorsement for 12 calendar months and a fine in the amount equal to the original surcharge owed the Commission.

(c) If the difference between the actual value and the reported value of the trap certificate(s) is equal to or greater than 50% of the actual value – permanent revocation of the purchaser’s stone crab endorsement and a fine in an amount equal to twice the original surcharge owed the Commission.

(5) It shall be the policy of the Commission to assess an administrative penalty pursuant to Section 379.365(2)(c), F.S., for conviction of a violation involving the willful molestation of a stone crab trap, trap line or buoy without permission of that license holder (subsection 68B-13.011(4), F.A.C.), as follows:

(a) For a first conviction – $2,500 and suspension of the stone crab endorsement or incidental take endorsement for 12 calendar months;

(b) For a second and each of all subsequent such convictions – $5,000 and suspension of the stone crab or incidental take endorsement for 24 calendar months.

(6) It shall be the policy of the Commission to assess an administrative penalty of $5,000 and permanently revoke all saltwater products license privileges, including all saltwater products licenses, permits, endorsements and trap certificates pursuant to Section 379.365(2)(b), F.S., for conviction of a violation involving theft of trap contents (subsection 68B-13.011(3), F.A.C.).

(7) It shall be the policy of the Commission to assess an administrative penalty of $5,000 and suspend the applicable endorsement pursuant to Section 379.365(2)(c)1., F.S., for conviction of a violation involving commercial harvest of stone crabs during the time period when that person’s stone crab endorsement or incidental take endorsement is under suspension.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-22-01.

Chapter 68B-14 REEF FISH

Fla. Admin. Code R. 68B-14.001 Purpose and Intent, Designation as Restricted Species

(1) Purpose and intent.

(a) The purpose of this chapter is to protect and replenish Florida’s reef fish resources by imposing minimum size limits, recreational bag limits, and restrictions on gear used to harvest the families, genera and species listed herein.

(b) The prohibitions contained in this chapter are not intended to supersede or conflict with provisions of any federal management plan or regulations operative in Exclusive Economic Zone (EEZ) waters adjacent to Florida waters.

(c) The regulations in this chapter apply in all state waters and, in the absence of any regulations for the following species in federal waters, apply in adjacent federal EEZ waters.

Grouper.

a. Coney.

b. Graysby.

c. Misty grouper.

d. Red hind.

e. Rock hind.

Snapper.

a. Black snapper.

b. Dog snapper.

c. Mahogany snapper.

d. Schoolmaster.

e. Wenchman.

(d) The size limit, bag limit, and seasons for red snapper harvested recreationally in the Gulf of America apply to all recreational harvesters within or without Florida waters, except for recreational harvesters on a vessel that has been issued a valid federal Charter/Headboat permit for Gulf Reef Fish pursuant to 50 C.F.R. §622.20(b) any time during the fishing year. Vessels for hire that do not possess aboard the vessel a valid federal Gulf of America Charter/Headboat permit for Reef Fish pursuant to 50 C.F.R. §622.20(b) are prohibited from fishing for or possessing red snapper in federal EEZ waters of the Gulf of America.

(2) Designation as restricted species. The following species are hereby designated as restricted species pursuant to Section 379.101(32), F.S.:

(a) Amberjacks – Genus Seriola:

Almaco jack – Seriola rivoliana.
Banded rudderfish – Seriola zonata.
Greater amberjack – Seriola dumerili.
Lesser amberjack – Seriola fasciata.

(b) Groupers and Sea Basses – Family Serranidae:

Bank sea bass – Centropristis ocyurus.
Black grouper – Mycteroperca bonaci.
Black sea bass – Centropristis striata.
Coney – Epinephelus fulvus.
Gag – Mycteroperca microlepis.
Graysby – Epinephelus cruentatus.
Misty grouper – Epinephelus mystacinus.
Red grouper – Epinephelus morio.
Red hind – Epinephelus guttatus.
Rock hind – Epinephelus adscensionis.
Rock sea bass – Centropristis philadelphica.
Scamp – Mycteroperca phenax.
Snowy grouper – Epinephelus niveatus.
Speckled hind – Epinephelus drummondhayi.
Warsaw grouper – Epinephelus nigritus.
Yellowedge grouper – Epinephelus flavolimbatus.
Yellowfin grouper – Mycteroperca venenosa.
Yellowmouth grouper – Mycteroperca interstitialis.

Black snapper – Apsilus dentatus.
Blackfin snapper – Lutjanus buccanella.
Cubera snapper – Lutjanus cyanopterus.
Dog snapper – Lutjanus jocu.
Gray (mangrove) snapper – Lutjanus griseus.
Lane snapper – Lutjanus synagris.
Mahogany snapper – Lutjanus mahogoni.
Mutton snapper – Lutjanus analis.
Queen snapper – Etelis oculatus.
Red snapper – Lutjanus campechanus.
Schoolmaster – Lutjanus apodus.
Silk snapper – Lutjanus vivanus.
Vermilion snapper – Rhomboplites aurorubens.
Wenchman – Pristipomoides aquilonaris.
Yellowtail snapper – Ocyrus chrysurus.

(d) Gray triggerfish – Balistes capriscus.

(e) Hogfish – Lachnolaimus maximus.

(f) Red porgy – Pagrus pagrus.

(g) Golden tilefish – Lopholatilus chamaeleonticeps.

(h) Blueline tilefish – Caulolatilus microps.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-31-94, 12-31-98, Formerly 46-14.001, Amended 1-1-00, 1-1-03, 7-1-07, 7-1-16, 7-1-19, 4-1-20.

Fla. Admin. Code R. 68B-14.002 Definitions

For purposes of this chapter, except where the context clearly requires otherwise:

(1) “Atlantic Ocean” means that body of water south and east of the line beginning at the point where the Natural Resources Boundary Line intersects 83 deg. W. longitude (24 deg. 29 min. N. latitude), thence north along 83 deg. W. longitude to where it intersects 24 deg. 35 min. N. latitude (near the Dry Tortugas), thence eastward along that parallel through Rebecca Shoal and the Quicksand Shoal to 82 deg. 13 min. W. longitude, then following the Territorial Sea Boundary south and east to the point it intersects 24 deg. 33 min. N. latitude, thence eastward along that parallel to the point where it intersects Key West, then continuing along a line eastward to the terminus of U.S. Highway 1 to the point where it intersects the mainland at the east end of Florida Bay.

(2) “Charter vessel” means a vessel operated by a captain licensed by the United States Coast Guard to carry passengers for hire.

(3) “Barotrauma” means a pressure related injury (signs include protruding stomach, bulging eyes, bloated belly, distended intestines) that fish can experience when brought up from depth.

(4) “Descending device” means an instrument capable of releasing a fish at a depth sufficent for the fish to be able to recover from the effects of barotrauma.

(5) “Goliath grouper” means any fish of the species Epinephelus itajara, or any part thereof.

(6) “Gulf of America” means that body of water north and west of the line described in the definition of “Atlantic Ocean” contained in subsection (1) of this rule.

(7) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale or with intent to sell or in excess of established bag limits.

(8) “Headboat” means a vessel that holds a valid Certificate of Inspection issued from the U.S. Coast Guard to carry passengers for hire when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew.

(9) “Venting tool” means a device designed to penetrate the swim bladder of a fish to release the excess gases accumulated in the body cavity when a fish is retrieved from depth.

(a) A venting tool is a sharpened, hollow instrument that allows air to escape. A 16-gauge needle, which has an outside diameter of 0.065 inches (1.65 mm), is the minimum diameter hollow tube allowable. A larger diameter hollow needle is preferred to allow air to escape more rapidly from the fish’s swim bladder.

(b) A device that is not hollow, such as a knife or an ice pick, is not a venting tool and may not be used as it would cause additional damage to a fish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-1-94, 1-1-98, 12-31-98, Formerly 46-14.002, Amended 1-1-00, 1-1-03, 7-1-06, 8-26-14, 4-1-20, 4-1-23.

Fla. Admin. Code R. 68B-14.0035 Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper

No person shall land, possess, unnecessarily destroy, purchase, exchange, sell or offer for sale any of the following species harvested in or from state waters, of a length less than set forth as follows:

(1) Amberjacks (measured in terms of fork length).

(a) Almaco jack harvested commercially from the Atlantic Ocean 20 inches.

(b) Banded rudderfish no less than 14 inches, no greater than 22 inches.

Greater amberjack harvested recreationally from the Gulf of America 34 inches consistent with the Federal Standards established in 50 C.F.R. §622.37(c)(4) as of January 4, 2016.
Greater amberjack harvested from the Gulf of America commercially 36 inches.
Greater amberjack harvested commercially from the Atlantic Ocean 34 inches.

(d) Lesser amberjack no less than 14 inches, no greater than 22 inches.

(2)(a) Black sea bass harvested in the Gulf of America 10 inches total length.

(b) Black sea bass harvested recreationally in the Atlantic Ocean 13 inches total length.

(3) Gray triggerfish.

(a) Except as provided in Rule 68B-7.003, F.A.C., for harvest from Biscayne National Park, Gray triggerfish harvested in the Atlantic Ocean 12 inches fork length.

(b)1. Gray triggerfish harvested commercially in the Gulf of America 14 inches fork length (consistent with Federal Standard established in 50 C.F.R. §622.37(c)(1)(i) as of January 16, 2018).

Gray triggerfish harvested recreationally in the Gulf of America 15 inches fork length (consistent with Federal Standard established in 50 C.F.R. §622.37(c)(1)(ii) as of January 16, 2018).

(4) Grouper (measured in terms of total length), except as provided in Rule 68B-7.003, F.A.C., for harvest from Biscayne National Park.

(a) Black grouper 24 inches.

(b) Gag grouper 24 inches.

(d)1. Red grouper harvested recreationally statewide and commercially from the Atlantic Ocean 20 inches.

Red grouper harvested commercially from the Gulf of America 18 inches.

(e)1. Scamp harvested from the Atlantic Ocean and all waters of Monroe County 20 inches.

Scamp harvested from the Gulf of America except from all waters of Monroe County 16 inches.

(f) Yellowfin grouper 20 inches.

(g) Yellowmouth grouper 20 inches.

(5)(a) Hogfish harvested from all waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of America 16 inches fork length (consistent with the Federal Standard established in 50 C.F.R. §622.185(c)(3)(ii) as of August 24, 2017).

(b) Hogfish harvested north of 25°09' North Latitude in the Gulf of America 14 inches fork length (consistent with the Federal Standard established in 50 C.F.R. §622.37(c)(2) as of August 24, 2017).

(6) Red porgy harvested in waters of the Atlantic Ocean 14 inches total length.

(7) Snapper (measured in terms of total length), except as provided in Rule 68B-7.003, F.A.C., for harvest from Biscayne National Park.

(a) Cubera snapper 12 inches.

(b) Dog snapper 12 inches within or without Florida waters.

Gray (mangrove) snapper harvested commercially 12 inches.

(d)1. Lane snapper harvested from the Atlantic Ocean 8 inches.

Lane snapper harvested from the Gulf of America 10 inches.

(e) Mahogany snapper 12 inches within or without Florida waters.

(f) Mutton snapper 18 inches.

(g) Red snapper harvested from the Atlantic Ocean 20 inches.

(h)1. Red snapper harvested recreationally from the Gulf of America 16 inches.

Red snapper harvested commercially from the Gulf of America 13 inches.

(i) Schoolmaster 10 inches within or without Florida waters.

(j) Vermilion snapper harvested in the Gulf of America 10 inches.

(k) Vermilion snapper harvested from the Atlantic Ocean 12 inches.

(l) Yellowtail snapper 12 inches.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-31-98, Amended 3-1-99, Formerly 46-14.0035, Amended 1-1-00, 1-1-01, 1-1-01, 1-1-03, 9-16-05, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 3-23-12, 6-10-13, 7-9-15, 1-4-16, 6-1-16, 7-1-16, 11-17-16, 1-1-17, 8-24-17, 1-16-18, 7-23-18, 1-15-19, 7-1-19, 7-1-20, 7-1-22, 10-26-23, 4-1-26.

Fla. Admin. Code R. 68B-14.00355 Size Limits for Importation and Sale

(1) No person shall possess for purposes of sale, purchase, sell, or exchange any of the following species of a length less than set forth as follows:

(a) Black sea bass 10 inches total length.

(b) Greater amberjack 34 inches fork length.

(d) Grouper (measured in terms of total length).

Black grouper 24 inches.
Gag 24 inches.
Red grouper 18 inches.
Scamp 16 inches.
Yellowfin grouper 20 inches.

(e) Hogfish 14 inches fork length (consistent with the Federal Standard established in 50 C.F.R. §622.37(c)(2) as of August 24, 2017).

(f) Snapper (measured in terms of total length).

Cubera snapper 12 inches.
Dog snapper 12 inches.
Gray (mangrove) snapper 12 inches.
Lane snapper 8 inches.
Mahogany snapper 12 inches.
Mutton snapper 18 inches.
Red snapper 13 inches.
Schoolmaster snapper 10 inches.
Vermilion snapper 10 inches.
Yellowtail snapper 12 inches.

(2) Minimum size limits do not apply to the possession, purchase, sale, or exchange of the following species that have been imported from another state or foreign country: almaco jack, banded rudderfish, lesser amberjack, yellowmouth grouper, or red porgy.

(3) No person shall purchase or sell a Nassau grouper or goliath grouper or possess a Nassau grouper or goliath grouper for either purpose.

(4) A person may possess any species listed in subsection 68B-14.001(2), F.A.C., that have been imported into Florida from another state or foreign country, provided that those species comply with the provisions specified in subsections (1) and (2) of this section, and the purchaser possesses a receipt(s), bill(s) of sale, or bill(s) of lading to show that the fish were harvested and purchased in another state or foreign country and are entering the state in interstate or international commerce. Such documentation shall accompany the fish through retail or restaurant sale. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute violation of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-03, Amended 9-16-05, 7-1-06, 7-1-07, 4-1-08, 8-27-09, 3-23-12, 7-9-15, 11-17-16, 1-1-17, 8-24-17, 7-1-19, 7-1-22, 10-26-23.

Fla. Admin. Code R. 68B-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption

(1) Snapper.

(b) Gray (mangrove) snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 gray (mangrove) snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(c) Red snapper. Except as provided elsewhere in this chapter, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 2 red snapper per day, nor shall a recreational harvester harvest in or from state waters of the Gulf of America, nor possess while in or on state waters of the Gulf of America, more than 2 red snapper per day. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish in the Gulf of America, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crewman of such vessel. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a), only if harvested in or from state waters.

(d) Vermilion snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 5 vermilion snapper per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(5) as of January 16, 2013). No recreational harvester shall harvest in or from state waters of the Gulf of America, nor possess while in or on state waters of the Gulf of America, more than 10 vermilion snapper per day. Such bag and possession shall not be counted for purposes of the aggregate snapper bag and possession limits prescribed in paragraph (a).

(e) Gulf lane snapper. No recreational harvester shall harvest in or from state waters of the Gulf of America, nor possess while in or on state waters of the Gulf of America, more than 20 lane snapper per day. Such bag and possession shall not be counted for purpose of the aggregate snapper bag and possession limits prescribed in paragraph (a). Lane snapper harvested in state waters of the Gulf of America shall not be subject to nor counted for purposes of determining compliance with the bag and possession limits established in paragraph (a).

(f) Cubera snapper.

Cubera snapper of a total length less than thirty inches (30'') shall be included in the aggregate snapper bag and possession limit established in paragraph (a), and the exception provided in subsection (9).
No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 2 cubera snapper 30 inches in total length or larger per day, and no more than 2 such cubera snapper shall be possessed aboard any vessel in or on state waters at any time. Such larger cubera snapper shall not be included in the aggregate snapper bag and possession limit prescribed in paragraph (a).

(g) Mutton snapper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 mutton snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a).

(2) Grouper.

(a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest within or without Florida waters, nor possess within or without Florida waters, more than a total of 4 grouper per day in the Gulf of America excluding waters of Monroe County in any combination of species, or more than a total of 3 grouper per day in the Atlantic Ocean and all waters of Monroe County, in any combination of species.

(b) Gag and black grouper.

Except as provided elsewhere in this rule, in all state waters of the Atlantic Ocean and all state waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 1 fish may be a gag or a black grouper. No recreational harvester may harvest in or from state waters of the Atlantic Ocean or in or from state waters of Monroe County, nor possess while in or on the waters of the Atlantic Ocean or in or on state waters of Monroe County, more than 1 such fish.
Except as provided elsewhere in this rule, in all state waters of the Gulf of America, except in all waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be gag grouper. No recreational harvester may harvest in or from state waters of the Gulf of America, nor possess while in or on the waters of the Gulf of America, except in all waters of Monroe County, more than 2 gag grouper.

(c) Red grouper. Except as provided elsewhere in this rule, in all state waters of the Gulf of America, except in all waters of Monroe County, within the the aggregate bag and possession limit established in paragraph (2)(a), no more than 2 fish may be red grouper (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(2) as of May 7, 2015). No recreational harvester may harvest in or from state waters of the Gulf of America, nor possess while in or on the waters of the Gulf of America, except in all waters of Monroe County, more than 2 red grouper.

(d) Gag, red and black grouper. In all state waters of the Gulf of America, except in all waters of Monroe County, the daily bag and possession limit for captains and crew on for-hire vessels is zero.

(e) Speckled hind and Warsaw grouper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than one speckled hind or more than one Warsaw grouper per day, and no more than one of each species shall be possessed aboard any vessel in or on state waters, at any time. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

(f) Snowy grouper. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean and all state waters of Monroe County, nor possess while in or on state waters of the Atlantic Ocean and all state waters of Monroe County, more than one snowy grouper per day, and no more than one snowy grouper shall be possessed aboard any vessel in or on state waters of the Atlantic Ocean and all state waters of Monroe County at any time (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(ii) as of January 2, 2024). Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).

(g) Nassau grouper. No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper. The purchase, sale, or exchange of any Nassau grouper is prohibited.

(h) Goliath grouper.

Except as provided in Rule 68B-14.0091, F.A.C., no person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper.
A recreational harvester who meets the requirements of subsection 68B-14.0091(1), F.A.C., shall not harvest or land from Florida Waters more than one goliath grouper per open harvest season. Such person may not possess more than one goliath grouper. Such fish shall not be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a).
The purchase, sale, or exchange of any goliath grouper is prohibited.

(3) Hogfish.

(a) In the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of America, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 1 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(3)(ii) as of August 24, 2017).

(b) In the Gulf of America north of 25°09' North Latitude, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 hogfish per day (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(7) as of August 24, 2017).

(4) Black sea bass. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 7 black sea bass per day (consistent with the Federal Standards established in 50 C.F.R. §622.187(b)(7) as of August 12, 2016).

(5) Red porgy. No recreational harvester shall harvest from state waters of the Atlantic Ocean more than one red porgy per day, nor possess more than one such fish (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(7) as of January 19, 2023) while in, on, or above state waters of the Atlantic Ocean or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters.

(6) Amberjacks. Except as allowed for those persons harvesting for commercial purposes pursuant to Rule 68B-14.0045, F.A.C.:

(a) Greater amberjack. No person shall harvest from state waters, more than 1 greater amberjack per day, nor possess more than 1 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters.

(b) Banded rudderfish and lesser amberjack. No person shall harvest from state waters, more than an aggregate bag limit of 5 banded rudderfish and lesser amberjack per day either individually or in combination, nor possess more than 5 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach or any fishing site adjacent to such waters.

(7) Tilefish.

(a) Golden tilefish. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the Atlantic Ocean more than one golden tilefish per person per day. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (2)(a).

(b) Blueline tilefish.

Bag limit. Except for the closed season in paragraph 68B-14.0039(54)(b), F.A.C., no recreational harvester shall harvest in or from state waters of the Atlantic Ocean and all waters of Monroe County, nor possess in or on the state waters of the Atlantic Ocean and all waters of Monroe County more than two blueline tilefish per person per day (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(iv) as of December 7, 2023). Such fish shall be counted for purposes of the aggregate grouper bag and possession limit for the Atlantic Ocean and all waters of Monroe County prescribed in paragraph (2)(a).
Captain and crew limit. The daily bag and possession limit of for captain and crew on headboat or charter vessels in or on state waters of the Atlantic Ocean and all waters of Monroe County is zero (consistent with the Federal Standard established in 50 C.F.R. §622.187(b)(2)(iv) as of December 7, 2023).

(8) Gray Triggerfish.

(a) Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Gulf of America nor possess in or on the state waters of the Gulf of America more than one gray triggerfish at any time (consistent with the Federal Standard established in 50 C.F.R. §622.38(b)(5) as of June 10, 2013).

(b) Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean nor possess in or on the state waters of the Atlantic Ocean more than 10 gray triggerfish at any time.

(9) Exception. The exceptions provided in paragraphs (9)(a)-(d) below do not apply to red porgy harvested from the Atlantic Ocean nor goliath grouper harvested from Florida Waters.

(a) Any person harvesting pursuant to the bag limits of this rule and who has fished for more than one day, may possess double the bag limit once such person has landed the fish, departed the fishing site and is no longer within 100 yards of any state waters, docks, fishing piers, or other fishing sites.

(b) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a charter vessel or headboat on a vessel for hire trip that spans more than 24 hours may possess no more than two daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R. §622.187(c)(1)(i) as of March 26, 2021).

(c) Consistent with Federal Standards in the Atlantic Ocean, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a headboat on a vessel for hire trip that spans more than 48 hours and can document that fishing was conducted on at least three days may possess no more than three daily bag limits if each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.187(c)(1)(ii) as of March 26, 2021).

(d) Consistent with Federal Standards in the Gulf of America, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a charter vessel or headboat on a vessel for hire trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits, provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.38(c) as of March 26, 2021).

(10) Wholesale/retail purchase exemption. Except as provided in paragraphs (2)(d) and (2)(h), the possession limits of this rule do not apply to any licensed seafood dealer, or to any fish purchased from a licensed wholesale or retail seafood dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail seafood dealer. Failure to maintain such receipts, bills of sale, or other appropriate documentation shall constitute a violation of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-31-98, Amended 3-1-99, Formerly 46-14.0036, Amended 10-22-99, 1-1-00, 3-6-00, 3-1-01, 1-1-03, 1-3-05, 9-16-05, 1-1-06, 7-1-06, 7-1-07, 4-1-08, 1-6-09, 8-27-09, 10-16-09, 1-19-10, 12-30-11, 7-1-12, 6-10-13(4), 6-10-13(8), 3-13-14, 5-7-15, 7-1-16, 11-17-16, 1-1-17, 5-30-17, 8-24-17, 1-16-18, 7-1-19, 4-1-20, 1-1-21, 8-25-21, 7-1-22, 4-1-23, 2-25-24, 4-1-26.

Fla. Admin. Code R. 68B-14.0038 Recreational Snapper Seasons

(1) Red Snapper Open Seasons. Pursuant to Section 120.81(5), F.S., the Commission shall give notice of red snapper open seasons for all waters of the Gulf of America: electronically at: www.myfwc.com/fishing/saltwater/recreational/snappers/.

(2) Red Snapper Closed Seasons. Except as provided elsewhere in this chapter, no recreational harvester shall harvest in or from state waters of the Gulf of America, nor possess while in or on state waters of the Gulf of America, any red snapper outside of the open season established by the procedure in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-20-98, Formerly 46-14.0038, Amended 12-30-99, 3-12-09, 8-7-09, 10-16-09, 6-4-10, 10-8-10, 7-22-11, 7-6-12, 5-31-13, 10-31-13, 5-24-14, 5-23-15, 5-7-16, 5-23-17, 4-1-20, 5-5-24.

Fla. Admin. Code R. 68B-14.0039 Recreational Grouper and Tilefish Seasons

(1) In all state waters of the Gulf of America, except in all waters of Monroe County, the season for the recreational harvest and possession of gag grouper shall be September 1 through November 10 each year. Except for persons harvesting gag grouper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from November 11 through August 31, no person shall harvest in or from state waters of the Gulf of America, except in all waters of Monroe County, nor possess while in or on state waters of the Gulf of America, except in all waters of Monroe County, any gag grouper.

(2) In all state waters of the Atlantic Ocean, including all waters of Monroe County, the closed season for the recreational harvest and possession of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, and graysby shall be from January 1 through April 30 each year.

(3) Goliath Grouper.

(a) Goliath Grouper Open Season. In all areas open to harvest of goliath grouper as provided in Rule 68B-14.008, F.A.C., the open season for the recreational harvest of goliath grouper shall be March 1 through May 31 each year.

(b) Goliath Grouper Closed Season. No person shall harvest or land from Florida Waters a goliath grouper from June 1 through the last day of February of the following year. Except as provided in Rule 68B-14.0091, F.A.C., no person shall possess a goliath grouper from June 1 through the last day of February of the following year.

(4) Snowy Grouper.

(a) Snowy Grouper Open Season. In all state waters of the Atlantic Ocean, including all waters of Monroe County, the open season for the recreational harvest and possession of snowy grouper shall be May 1 through June 30 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(8) as of January 2, 2024).

(b) Snowy Grouper Closed Season. Except for persons harvesting snowy grouper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., in all state waters of the Atlantic Ocean, including all waters of Monroe County, the recreational harvest and possession of snowy grouper shall be prohibited from January 1 through April 30 and July 1 through December 31 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(8) as of January 2, 2024).

(5) Tilefish.

(a) Blueline Tilefish Open Seasons. In all state waters of the Atlantic Ocean and all waters of Monroe County, the open season for the recreational harvest and possession of blueline tilefish shall be May 1 through August 31 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(7) as of June 15, 2020).

(b) Blueline Tilefish Closed Seasons. No recreational harvester shall harvest in or from all state waters of the Atlantic Ocean and all waters of Monroe County, nor possess in or on all state waters of the Atlantic Ocean and all state waters of Monroe County, any blueline tilefish from September 1 through April 30 (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(7) as of June 15, 2020).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-6-09, Amended 8-27-09, 1-19-10, 6-17-11, 3-23-12, 5-9-13, 10-31-13, 6-1-16, 7-1-16, 8-31-17, 1-1-21, 7-1-22, 1-1-23, 2-25-24, 5-5-24.

Fla. Admin. Code R. 68B-14.004 Recreational Amberjack Season

(1) In all state waters of the Gulf of America the recreational harvest and possession of greater amberjack shall be prohibited January 1 through August 31 and from November 1 through December 31, each year (consistent with the Federal Standard established in 50 C.F.R. §622.34(c) as of August 1, 2024).

(2) In all state waters of the Atlantic Ocean the recreational harvest and possession of greater amberjack shall be prohibited in the month of April, each year.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-11, Amended 4-30-18, 10-26-23, 5-20-25.

Fla. Admin. Code R. 68B-14.0041 Recreational Gulf Gray Triggerfish Season

In all state waters of the Gulf of America the recreational harvest and possession of gray triggerfish shall be prohibited January 1 through the end of February, and June 1 through July 31, each year (consistent with the Federal Standard established in 50 C.F.R. §622.34(f) as of June 10, 2013).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-10-13, Amended 1-16-18.

Fla. Admin. Code R. 68B-14.0042 Recreational Hogfish Season

(1) Hogfish Open Seasons. In all state waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of America, the season for the recreational harvest and possession of hogfish shall be May 1 through October 31 (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(4) as of August 24, 2017).

(2) Hogfish Closed Seasons. No recreational harvester shall harvest in or from state waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of America, nor possess in or on state waters of the Atlantic Ocean and south of 25°09' North Latitude in the Gulf of America, any hogfish from January 1 through April 30 and November 1 through December 31 (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(4) as of August 24, 2017).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-24-17, Amended 7-1-19, 5-5-24.

Fla. Admin. Code R. 68B-14.0043 Recreational Red Porgy Season

(1) Red Porgy Open Season. In all state waters of the Atlantic Ocean, the open season for the recreational harvest and possession of red porgy shall be May 1 through June 30 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(9) as of January 19, 2023).

(2) Red Porgy Closed Season. Except for persons harvesting red porgy for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., in all state waters of the Atlantic, the recreational harvest and possession of red porgy shall be prohibited from January 1 through April 30 and July 1 through December 31 each year (consistent with the Federal Standard established in 50 C.F.R. §622.183(b)(9) as of January 19, 2023).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-1-23.

Fla. Admin. Code R. 68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

(1) Licenses.

(a) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and:

If fishing in state waters of the Atlantic Ocean, either a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper pursuant to 50 C.F.R. §622.170(a)(1) issued to and possessed aboard the vessel.
If fishing in state waters of the Gulf of America, a valid commercial reef fish permit pursuant to 50 C.F.R. §622.20(a)(1) issued to and possessed aboard the vessel, except as provided in subparagraph 3.
For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, commercial individiual fishing quota (IFQ) regulations, as defined in Rule 68B-14.0046, F.A.C., shall apply.
For a person to use a black sea bass trap in the Atlantic Ocean, a valid South Atlantic black sea bass pot endorsement as defined in 50 C.F.R. §622.4(a)(2)(xv) (as of January 22, 2013) and a valid commercial South Atlantic snapper-grouper unlimited permit must be issued to and possessed aboard the vessel.

(b) The requirement of a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper in subsection (1), shall not apply to the harvest of black snapper, dog snapper, mahogany snapper, schoolmaster, or wenchman for commercial purposes in the Atlantic Ocean.

(c) The requirement of a valid commercial vessel permit for Gulf reef fish in subsection (1), shall not apply to the harvest of bank sea bass, black sea bass, coney, graysby, misty grouper, red hind, rock hind, rock sea bass, black snapper, dog snapper, mahogany snapper, schoolmaster, or red porgy for commercial purposes in the Gulf of America.

(d) Each person harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes in the Atlantic Ocean who is required to possess any of the federal permits listed in paragraph (a), is subject to any federal vessel possession limits that apply in the adjacent EEZ and shall not possess in or on state waters of the Atlantic Ocean more fish or pounds than specified in the federal regulations.

(e) No person harvesting for commercial purposes pursuant to this subsection shall sell or attempt to sell any of the indicated species, or any part of the indicated species, without possessing and presenting to the purchaser the state and federal licenses and permits specified in paragraph (a). No wholesale dealer, as defined in Section 379.362(1), F.S., shall purchase any of these species, or any part thereof, without confirming that the seller thereof possesses the state and federal licenses and permits specified in this rule.

(2) Season Closures.

(a) If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of any of the species listed in subsection 68B-14.001(2), F.A.C., corresponding state waters shall also be closed to commercial harvest of the species affected by the federal closure, beginning from the date of such closure until federal waters are reopened to the commercial harvest of such species.

(b) During the period of any closure pursuant to paragraph (a), the harvest, possession, or landing in quantities greater than the bag limits specified in Rule 68B-14.0036, F.A.C., and the purchase, sale or exchange, of any species to which the closure applies, is prohibited.

(c) The closure specified in paragraph (a), and the prohibitions specified in paragraph (b), shall not apply when the species to which the closure applies is legally harvested outside the waters of the closed area. Any person possessing such species during the time period of a closure shall establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, to show that such species originated from a point outside the closed area. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this subsection.

(d) During the months of January, February, March, and April each year, the harvest, possession, or landing for commercial purposes, and the purchase, sale, or exchange, of gag grouper, black grouper, red grouper, yellowfin grouper, yellowmouth grouper, rock hind, red hind, scamp, coney, and graysby harvested from state waters of the Atlantic Ocean and from all state waters of Monroe County, is prohibited.

(e) During the period beginning September 20 and continuing through October 4 of each year, no black sea bass trap as defined in Rule 68B-4.020 and in paragraph 68B-14.005(1)(b), F.A.C., shall be placed in state waters of the Gulf of America seaward of three nautical miles from shore.

(3) Bag and Trip Limits.

(a) Snapper.

Cubera snapper. No person harvesting for commercial purposes shall harvest in or from state waters more than 2 cubera snapper 30 inches in total length or larger per day and no more than 2 such cubera snapper shall be possessed aboard any vessel in or on state waters, at any time.
Mutton snapper. From July 1 through March 31 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 500 pounds of mutton snapper per day or per trip, whichever is more restrictive. From April 1 through June 30 of each year, no person harvesting for commercial purposes in Atlantic state waters shall possess more than 5 mutton snapper per day or 5 mutton snapper per trip, whichever is more restrictive.
Red snapper. No person harvesting for commercial purposes shall harvest in or from state waters of the Atlantic Ocean, more than 2 red snapper per day. No person harvesting for commercial purposes shall harvest in or from state waters of the Gulf of America, more than 2 red snapper per day.

(b) Grouper.

Nassau grouper and Goliath grouper. No person harvesting for commercial purposes shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper, or goliath grouper. The purchase, sale, or exchange of any Nassau grouper or goliath grouper is prohibited.
Speckled hind and Warsaw grouper. No person shall harvest in or from state waters any speckled hind or Warsaw grouper for commercial purposes and the purchase, sale, or exchange of such fish is prohibited.

(c) No person harvesting for commercial purposes shall, on the same trip, harvest or possess reef fish species pursuant to the recreational bag limit specified in Rule 68B-14.0036, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10, 1-12-11, 6-10-13, 10-16-14, 7-1-16, 1-1-17, 1-1-19, 7-1-19, 10-26-23.

Fla. Admin. Code R. 68B-14.0046 Commercial Individual Fishing Quotas (IFQs)

(1) For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued or is required to fish for, possess, or land red snapper, red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish regardless where harvested or possessed, the following requirements, as defined in 50 C.F.R. §622.21 and 50 C.F.R. §622.22 for the Gulf Individual Fishing Quota (IFQ) programs shall apply:

(a) Red Snapper

Gulf IFQ vessel account requirements consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(1) (as of January 1, 2019).
Requirement to possess IFQ Dealer Endorsement and active IFQ account consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(2) (as of January 1, 2019).
Red snapper may only be sold to dealer in possession of IFQ Endorsement consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(i) (as of January 1, 2019).
Dealer must complete landing transaction within 96 hours from time of landing reported consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(iii) (as of January 1, 2019).
Fisherman must validate transaction report consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(3)(iii) (as of January 1, 2019).
Owner or operator must provide proper landing notification consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(A) (as of January 1, 2019).
Fishermen must land with sufficient allocation consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(A) (as of January 1, 2019).
Landing prior to notification time is prohibited unless consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(C) (as of January 1, 2019).
Changes to landing notification must be submitted consistent with Federal Standard established in 50 C.F.R. §622.21(b)(5)(i)(D) (as of January 1, 2019).
Offloading of IFQ red snapper must occur only between 6 a.m. and 6 p.m., local time consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(ii) (as of January 1, 2019).
Transfer of IFQ red snapper dockside or at sea from one vessel to another is prohibited consistent with Federal Standard established in 50 C.F.R. §622.21(b)(5)(iii) (as of January 1, 2019).
Transaction approval codes required for transport of IFQ red snapper from landing site to dealer consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(iv) (as of January 1, 2019).
Acceptance by dealer of IFQ red snapper without transaction code after transport is prohibited consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(iv) (as of January 1, 2019).
Landing of IFQ red snapper only at approved landing locations consistent with the Federal Standard established in 50 C.F.R. §622.21(b)(5)(v) (as of January 1, 2019).

(b) Groupers and tilefishes (red grouper, gag grouper, black grouper, scamp, yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy grouper, goldface tilefish, blueline tilefish, and golden tilefish).

Gulf IFQ vessel account requirements consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(1) (as of January 1, 2019).
Requirement to possess IFQ Dealer Endorsement and active IFQ account consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(2) (as of January 1, 2019).
Groupers and tilefishes may only be sold to dealer in possession of IFQ Endorsement consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(i) (as of January 1, 2019).
Dealer must complete landing transaction within 96 hours from time of landing reported consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(iii) (as of January 1, 2019).
Fisherman must validate transaction report consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(3)(iii) (as of January 1, 2019).
Owner or operator must provide proper landing notification consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(A) (as of January 1, 2019).
Fishermen must land with sufficient allocation consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(A) (as of January 1, 2019).
Landing prior to notification time is prohibited unless consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(C) (as of January 1, 2019).
Changes to landing notification must be submitted consistent with Federal Standard established in 50 C.F.R. §622.22(b)(5)(i)(D) (as of January 1, 2019).
Offloading of IFQ groupers and tilefishes must only occur between 6 a.m. and 6 p.m., local time consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(ii) (as of January 1, 2019).
Transfer of IFQ groupers and tilefishes dockside or at sea from one vessel to another is prohibited consistent with Federal Standard established in 50 C.F.R. §622.22(b)(5)(iii) (as of January 1, 2019).
Transaction approval codes required for transport of IFQ groupers and tilefishes from landing site to dealer consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(iv) (as of January 1, 2019).
Acceptance by dealer of IFQ groupers and tilefishes without transaction code after transport is prohibited consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(iv) (as of January 1, 2019).
Landing of IFQ groupers and tilefishes only at approved landing locations consistent with the Federal Standard established in 50 C.F.R. §622.22(b)(5)(v) (as of January 1, 2019).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-19.

Fla. Admin. Code R. 68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation

(1) Allowable gear. Except as provided in subsection (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in subsection 68B-14.001(2), F.A.C.:

(a) Hook and line gear.

(b) A black sea bass trap must have a valid identification tag issued by the National Marine Fisheries Service attached when fished in the Atlantic Ocean. Traps shall only be used north of Latitude 27° North in the Gulf of America and north of Latitude 28°35.1' North in the Atlantic Ocean (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL). Each such trap shall comply with the following:

Each trap in the Atlantic Ocean shall comply with the definition of sea bass pots in 50 C.F.R. §622.2 (as of January 22, 2013).
Each trap in the Gulf of America shall comply with the following specifications: (1) The outer dimensions must not exceed 2 feet in height, 2 feet in width, and 2 feet in depth or a volume of 8 cubic feet. The throat or entrance must not exceed 5 inches in height and 2 inches in width at its narrowest point.
A biodegradable panel shall be part of each trap used to take black sea bass. Each trap in the Atlantic Ocean shall comply with the degradable panel and mesh size requirements for black sea bass pots defined in 50 C.F.R. §622.40 (as of January 22, 2013). A black sea bass trap in the Gulf of America shall be considered to have a “biodegradable panel” or a “degradable panel” if one of the following methods is used in construction of the trap:

a. The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.

b. The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.

c. The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.

d. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.

e. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed. “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

f. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.

g. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.

Escape vents. All black sea bass traps shall have an unobstructed escape vent opening on at least two opposite vertical sides, excluding top and bottom, that complies with one of the following minimum sizes:

a. A rectangular vent, 1.125 inches (2.9 cm) by 5.75 inches (14.6 cm).

b. A circular vent, 2 inches (5.1 cm) in diameter.

c. A square vent with sides of 1.75 inches (4.4 cm) measured inside the square.

Trap marking requirements.

a. Each black sea bass trap used for harvesting black sea bass shall have the trap owner’s saltwater products license number permanently attached. Each buoy attached to such trap shall have the letter “B” and the owner’s saltwater products license number affixed to it in legible figures at least 1.5 inches high.

b. Each black sea bass trap in the water or onboard a vessel in the Atlantic Ocean must have a valid identification tag issued by National Marine Fisheries Service attached pursuant to 50 C.F.R. §622.40(d)(1)(i)(D) (as of January 22, 2013).

c. A buoy or time-release buoy shall be attached to each black sea bass trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be either white in color or the same color as the owner’s blue crab or stone crab buoy colors. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a black sea bass trap or attached to a trotline shall float on the surface of the water.

d. From November 15 through April 15, buoy lines attached to black sea bass traps fished or possessed in or on state waters north of Latitude 29°00' North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. §622.189(g) (as of January 30, 2017). From December 1 to March 31, buoy lines attached to black sea bass traps fished or possessed in or on state waters south of Latitude 29°00' North to Latitude 28°35.1' North in the Atlantic Ocean shall comply with the marking, weak link, and breaking strength requirements in adjacent federal waters pursuant to 50 C.F.R. §622.189(g) (as of March 21, 2017).

Each black sea bass trap used in state waters shall have a back panel (the side of the trap opposite the entrance) with mesh that is at least 2 inches between sides of the meshes, based on centerline measurements between opposite, parallel wires or netting strands.
In the Atlantic Ocean, black sea bass traps shall be removed from the water at the conclusion of each trip.
Black sea bass traps used in state waters shall be removed from the water once the commercial quota is met and the season is closed.

(c) Spearing. This provision shall not be construed to allow the use of any powerhead, bangstick, or handheld device employing an explosive charge for the harvest in state waters of any snapper or grouper listed in Rule 68B-14.001, F.A.C.

(2) Incidental bycatch. No person shall harvest in or from state waters any of the species specified in subsection 68B-14.001(2), F.A.C., by or with the use of any gear other than those types of gear specified in subsection (1); provided, however, that such fish harvested as an incidental bycatch of other species lawfully harvested with other types of gear shall not be deemed to be unlawfully harvested in violation of this section, if:

(a) The quantity of such fish so harvested does not exceed the bag and possession limits established in Rule 68B-14.0036, F.A.C.; and,

(b) The harvesting of such fish would not violate any other provision of applicable law.

(3) Descending device or venting tool. While harvesting or attempting to harvest, including catch and release, in or from Florida waters the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, persons on board a vessel must be able to access a venting tool or a descending device that is rigged and ready to use. When releasing a fish that is exhibiting signs of barotrauma a harvester must use a venting tool to release gases from the swim bladder of the fish or a descending device to quickly return the fish to depth. The descending device or venting tool must be properly assembled and ready for use prior to harvest or attempting to harvest. The descending device must not be stowed and all tools shall be easily within reach to quickly release a fish that is exhibiting signs of barotrauma.

(a) The descending device must be properly attached to a minimum of 16-ounce (454-gram) weight and a minimum of a 60 foot (15.2-m) length of line.

(b) The descending device may either attach to a fish’s mouth or be a container that will retain a fish while it is lowered to depth. The device must be capable of releasing a fish automatically, by actions of the operator or the device, or by allowing a fish to escape on its own when at depth.

(4) Required gear in the Gulf reef fish fishery. For a person on board a vessel harvesting or attempting to harvest, including catch and release, the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, the vessel must possess on board and such person must use the gear specified in paragraphs (a) and (b).

(a) Non-stainless steel circle hooks. Non-stainless steel circle hooks are required to be used on hook and line gear when fishing with natural baits. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape. Non-stainless steel J-hooks may be used instead of circle hooks when harvesting yellowtail snapper for commercial purposes with natural baits in the Gulf of America south of Latitude 25°09’ North (consistent with the Federal Standard established in 50 C.F.R. §622.30(a) as of March 13, 2017).

(b) Dehooking devices. At least one dehooking device is required and must be used to remove hooks embedded in Gulf reef fish with minimum damage. The dehooking device must be constructed to allow the hook to be secured and the barb shielded without re-engaging during the removal process. The dehooking device must be blunt, and all edges rounded. The device must be of a size appropriate to secure the range of hook sizes and styles used in the Gulf reef fish fishery.

(5) Required gear in the Atlantic Ocean reef fish fishery. For a person on board a vessel harvesting or attempting to harvest, including catch and release, the species listed in subsection 68B-14.001(2), F.A.C., as well as goliath grouper and Nassau grouper, the vessel must possess on board and such person must use the gear specified in paragraphs (a), (b), and (c).

(a) Non-stainless-steel circle hooks north of 28° N. latitude. Non-stainless-steel circle hooks are required to be used on hook and line gear when fishing with natural baits in the Atlantic Ocean north of 28° N. latitude (consistent with the Federal Standard established in 50 C.F.R. §622.188(a)(2) as of January 1, 2021). “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

(b) Non-stainless-steel hooks south of the 28° N. latitude. Non-stainless-steel hooks are required to be used on hook and line gear when fishing with natural baits in the Atlantic Ocean south of the 28° N. latitude (consistent with the Federal Standard established in 50 C.F.R. §622.188(a)(3) as of January 1, 2021).

(c) Dehooking devices. At least one dehooking device is required and must be used as needed to remove hooks embedded in Atlantic reef fish with minimum damage. The dehooking device must be constructed to allow the hook to be secured and the barb shielded without re-engaging during the removal process. The dehooking device must be blunt, and all edges rounded. The device must be of a size appropriate to secure the range of hook sizes and styles used in the Atlantic reef fish fishery.

(6) Violation. Possession of any of the species specified in subsection 68B-14.001(2), F.A.C., beyond the bycatch allowance in paragraph (2)(a), aboard a vessel fishing in state waters, while also in possession of unauthorized gear, constitutes a violation of subsections (1) and (2).

(7) Allowed and Prohibited Gear and Method of Harvest for Goliath Grouper –

(a) Allowed Gear for Goliath Grouper. A person may harvest or attempt to harvest a goliath grouper from Florida Waters only by or with the use of hook and line gear.

(b) Required gear for goliath grouper. For a person onboard a vessel in or on Florida Waters harvesting goliath grouper, the vessel must possess onboard and such person must use the gear specified in subparagraphs 1. – 3.

Non-stainless steel circle hooks. Non-stainless steel circle hooks are required to be used on hook and line gear when fishing with natural baits. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.
Dehooking devices. At least one dehooking device is required and must be used to remove hooks embedded in goliath grouper with minimum damage. The dehooking device must be constructed to allow the hook to be secured and the barb shielded without re-engaging during the removal process. The dehooking device must be blunt, and all edges rounded. The device must be of a size appropriate to secure the range of hook sizes used for goliath grouper.
Descending device or venting tool.

(c) Prohibited Gear and Methods of Harvest for Goliath Grouper. A person may not harvest or attempt to harvest a goliath grouper with gear or methods that are not expressly permitted in paragraph (7)(a).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 3-1-94, 10-4-95, 7-15-96, 1-1-98, 12-31-98, 6-1-99, Formerly 46-14.005, Amended 1-1-03, 3-1-05, 7-17-05, 7-1-07, 3-12-08, 4-1-08, 1-19-10, 6-10-13, 1-24-14, 3-15-17, 5-30-17, 1-1-21, 7-1-22, 4-1-23.

Fla. Admin. Code R. 68B-14.006 Other Prohibitions and Exception

(1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter. Vessels for-hire that possess aboard the vessel a valid federal Gulf of America Charter/Headboat Permit for Reef Fish pursuant to 50 C.F.R. §622.20(b), while fishing for other species in or on state waters, may be in possession of red snapper that were legally harvested in adjacent EEZ waters during the federal season for recreational harvest by the federal for-hire component established by the National Marine Fisheries Service and published in the Federal Register.

(2) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any fish harvested in violation of this chapter.

(3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.

(4) Landed in Whole Condition Requirement – Except as provided elsewhere in this rule, all fish harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters pursuant to the requirements of this chapter shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of fish, or mere removal of gills from fish, before landing is not prohibited. Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited.

(5) Landed in Whole Condition Exception – Recreational anglers that lawfully harvest species listed as South Atlantic Snapper-Grouper in Table 4 of Appendix A to 50 C.F.R. §622 (as of June 22, 2016), in waters of the Commonwealth of the Bahamas are exempt from the requirement to land such fish in whole condition under the following conditions:

(a) Skin must remain intact on the entire fillet of any fish carcass as specified in 50 C.F.R. §622.186 (as of January 27, 2016).

(b) A person or vessel that lawfully harvests fish in Bahamian waters and transits through Florida waters must comply with the bag and possession limits specified in 50 C.F.R. §622.187 (as of January 27, 2016), and the seasons specified in 50 C.F.R. §622.183-184 (as of January 27, 2016). Two fillets of fish, regardless of the length of each fillet, is equivalent to one fish.

(d) Each person on the vessel has a valid government passport with current stamps and dates from the Commonwealth of the Bahamas.

(e) The vessel is in transit through state waters with fishing gear appropriately stowed. For the purpose of this rule, a vessel is in transit when it is on a direct and continuous course through state waters and no one aboard the vessel fishes in state waters. For the purpose of this rule, fishing gear appropriately stowed means that terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from the down rigger and stowed separately.

(f) Fish harvested from Bahamian waters and transited to Florida pursuant to the requirements specified in this rule may not be sold or purchased.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006, Amended 9-13-16, 4-1-20.

Fla. Admin. Code R. 68B-14.008 Open and Closed Areas for Recreational Harvest of Goliath Grouper

(1) Open Areas – The areas open to the recreational harvest of goliath grouper include all Florida Waters of Nassau through St. Lucie counties, all Florida Waters of the Gulf of America in Monroe County, and all Florida Waters of Collier through Escambia counties. excluding all waters of the St. Lucie River and its tributaries and excluding all waters within Dry Tortugas National Park.

(2) Closed Areas – All Florida Waters of Martin through Miami-Dade counties, all Florida Waters of the Atlantic Ocean in Monroe County, all Florida Waters within Dry Tortugas National Park, and all Florida Waters of the St. Lucie River and its tributaries are closed to the recreational harvest of goliath grouper.

(a) No person shall harvest or land a goliath grouper from Florida Waters that are closed to the harvest of goliath grouper.

(b) No person shall possess a goliath grouper in or on Florida Waters that are closed to the harvest of goliath grouper.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-22.

Fla. Admin. Code R. 68B-14.009 Reporting Requirement

The purpose and intent of this rule is to improve recreational harvest data collection capabilities for certain reef fish species by identifying the population of anglers and vessels for hire fishing for these species.

(1) Recreational harvesters are required to report their intention to harvest or attempt to harvest certain reef fish species annually. A recreational harvester may not harvest, attempt to harvest, or possess the following reef fish species while aboard a vessel in or on Florida Waters, unless that person has reported their intention to do so to the State Reef Fish Survey. Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(a) Amberjacks.

Almaco jack.
Banded rudderfish.
Greater amberjack.
Lesser amberjack.

(b) Gray triggerfish.

Black grouper.
Gag grouper.
Red grouper.

(d) Hogfish.

(e) Snappers.

Mutton snapper.
Red snapper.
Vermilion snapper.
Yellowtail snapper.

(2) Proof of submission of the report required in subsection (1), must be in the personal possession of the recreational harvester while the recreational harvester is harvesting, attempting to harvest or possessing these species aboard a vessel in Florida Waters.

(3) Persons meeting the criteria outlined in Sections 379.353(2)(a), (i), (j), and (o), F.S., are exempt from the reporting requirement in subsection (1).

(4) In accordance with Section 379.354(7)(e), F.S., owners, operators, or custodians of vessels for hire are required to report their intention to harvest or attempt to harvest certain reef fish species in the Atlantic Ocean during the years 2026, 2027, and 2028. A vessel for hire may not harvest, attempt to harvest, or possess red snapper, vermilion snapper, yellowtail snapper, mutton snapper, hogfish, gag grouper, red grouper, black grouper, gray triggerfish, greater amberjack, lesser amberjack, banded rudderfish, or almaco jack within or without Florida Waters of the Atlantic Ocean, unless the owner, operator, or custodian for the vessel for hire has registered for the Atlantic For-Hire Reef Fish Registry on the agency’s website and reported their intention to harvest or attempt to harvest the species listed in this subsection.

(a) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational vessel licenses is a non-criminal infraction.

(b) Proof of submission of the report required in subsection (4) must be aboard the vessel for hire while the vessel for hire is harvesting, attempting to harvest, or possessing these species in Florida Waters of the Atlantic Ocean.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-14, Amended 6-11-18, 7-1-20, 9-1-26.

Fla. Admin. Code R. 68B-14.0091 Recreational Goliath Grouper Harvest Permits; Goliath Grouper Tag Specifications; Harvest Reporting Requirements

(1) No person shall harvest or land a goliath grouper from Florida Waters or possess a goliath grouper unless:

(a) Such person has been issued a recreational goliath grouper harvest permit pursuant to subsection (2);

(b) Such person has been issued a goliath grouper tag pursuant to subsection (3) and a valid goliath grouper tag is securely attached around the lower jawbone of the goliath grouper immediately upon harvest; and,

(2) Recreational Goliath Grouper Harvest Permits –

(a) Recreational goliath grouper harvest permits may be applied for through the Commission’s online licensing system during a 15 consecutive day period between October 1 and November 30 each year to be set by posting on the agency’s website.

An applicant may only submit one application for a recreational goliath grouper harvest permit during any single application period; however an applicant may elect to apply for one or more permit category, defined as follows:

a. A “Category I” recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C.

b. A “Category II” recreational goliath grouper permit is valid within all Florida Waters open to the harvest of goliath grouper as provided by subsection 68B-14.008(1), F.A.C., excluding all waters of Everglades National Park. A person issued a Category II recreational goliath grouper harvest permit may not harvest or land a goliath grouper from Everglades National Park or possess a goliath grouper within Everglades National Park.

Upon application, each applicant must pay a $10 non-refundable application fee and must agree to pay a permit fee, as established in sub-subparagraphs a. and b. below, for the issuance of a recreational goliath grouper perrmit should the applicant be awarded a permit. No person is exempt from paying the special use application or permit fees.

a. The annual recreational goliath grouper permit fee for a resident, as defined in Section 379.101(30)(b), F.S., is $150.

b. The annual recreational goliath grouper permit fee for a nonresident is $500.

(b) Applicants for a recreational goliath grouper harvest permit shall:

Not have received a disposition other than acquittal or dismissal for a violation of any provision of Chapter 369, 379, or 828, F.S., or of a rule of the Commission or of other similar laws or rules in this or any other jurisdiction that relate to hunting or fishing, within a period of five (5) years preceding the date of application.
Not have previously been issued a recreational goliath grouper harvest permit for the current application year.
Have timely submited required harvest reporting for any recreational goliath grouper harvest permits issued to the applicant prior to the current application year.

(d) A person shall not be issued more than one recreational goliath grouper harvest permit for any single harvest period. A recreational goliath grouper harvest permit shall be valid only for the permit category and the harvest period indicated thereon. For the purpose of this rule, “harvest period” means the open harvest season established in paragraph 68B-14.0039(3)(a), F.A.C.

(f) Recreational goliath grouper harvest permits are not transferable.

(g) The Commission may not issue more than a total of 200 recreational goliath grouper harvest permits for any single harvest period. No more than 50 such permits shall be Category I recreational goliath grouper harvest permits.

(3) Goliath Grouper Tags –

(a) One goliath grouper tag will be issued with each recreational goliath grouper harvest permit issued pursuant to subsection (2).

(b) Except as provided in paragraph (e), a person may not be issued more than one goliath grouper tag for any single harvest period. A person may not use a goliath grouper tag more than once.

A goliath grouper tag is only valid for the harvest, possession, and landing of one goliath grouper.
A goliath grouper tag is only valid for the recreational goliath grouper harvest permit category and the harvest period indicated thereon.
A goliath grouper tag is not transferable. The sale, purchase, transfer, or exchange of a goliath grouper tag to any person other than the original recreational goliath grouper harvest permit holder is prohibited.

(d) Except as provided in paragraph (e), the Commission may not issue more than a total of 200 goliath grouper tags for any single harvest period. No more than 50 such goliath grouper tags shall be issued for Category I recreational goliath grouper harvest permits.

(e) Replacement Goliath Grouper Tags. A person who has been awarded and issued a valid recreational goliath grouper harvest permit may apply to replace a lost or damaged goliath grouper tag.

To apply for a replacement goliath grouper tag, an applicant must submit a signed and notarized affidavit attesting that the applicant’s goliath grouper tag was lost or damaged. Such affidavit must include the applicant’s full name, FWC recreational license customer ID number (CID), mailing address, an explanation of the circumstances that led to the applicant’s goliath grouper tag becoming lost or damaged, and a statement certifying that the applicant has not harvested a goliath grouper during the applicable harvest period. Affidavits for replacement goliath grouper tags must be submitted to Florida Fish and Wildlife Conservation Commission, Division of Marine Fisheries Management, 620 S. Meridian Street, Tallahassee, Florida 32399-1600.
A replacement goliath grouper tag will only be valid for the harvest period and recreational goliath grouper permit category awarded to the applicant. A replacement goliath grouper tag will not be issued to an applicant that has not been issued a valid recreational goliath grouper harvest permit for the applicable harvest period.
A person may not be issued more than one replacement goliath grouper tag for any single harvest period.
Upon issuance of a replacement goliath grouper tag, any previous goliath grouper tag issued to the applicant for the specified harvest period shall be invalid.
The issuance of a replacement goliath grouper tag shall not be construed to authorize harvest or possession of goliath grouper in excess of the bag limit established in paragraph 68B-14.0036(2)(h), F.A.C.

(f) Exceptions to Tag Requirement – The prohibition of possession of an untagged goliath grouper in paragraph (1)(b) does not apply to a taxidermist who removes the goliath grouper tag during the process of mounting a legally harvested goliath grouper. The taxidermist shall ensure that the removed tag remains with the goliath grouper during any subsequent storage or shipment.

(4) Harvest Reporting Requirements –

(a) A person who harvests a goliath grouper under a recreational goliath grouper permit issued pursuant to subsection (2) must report such harvest and harvest data within 24 hours after harvest to the Commission’s online harvest reporting system, available at: https://GoOutdoorsFlorida.com and through the Fish|Hunt Florida app on Apple and Android devices.

(b) A person who has been issued a recreational goliath grouper harvest permit and does not harvest a goliath grouper must report that no harvest occurred to the Commission’s harvest reporting system within 24 hours after the assigned harvest period closes.

(c) In addition to the information required in paragraph (a), a person who harvests a goliath grouper under a recreational goliath grouper harvest permit must provide a biological sample of such goliath grouper if required by the terms of the permit.

(d) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(5) No person is exempt from the permitting or tagging requirements of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 7-1-22.

Chapter 68B-15 STURGEON

Fla. Admin. Code R. 68B-15.001 Sturgeon, Statewide

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-25-84, Formerly 46-15.01, 46-15.001, Repealed 9-1-13.

Fla. Admin. Code R. 68B-15.004 Prohibited Take

(1) A person may not harvest, take, harass, injure, or kill a sturgeon of the species Acipenser oxyrinchus.

(2) This subsection will not be construed to prohibit unintentional injury of or contact with a sturgeon if it occurs in the course of normal fishing activities. A person who unintentionally catches a sturgeon shall immediately return the sturgeon to the water unharmed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-16 QUEEN CONCH

Fla. Admin. Code R. 68B-16.001 Designation as a Protected Species

The queen conch, species Aliger gigas (formerly Strombus gigas), is hereby designated as a protected species. The purposes of designation as a protected species are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered, to encourage voluntary conservation practices, and to enlist the assistance of the general public in enforcing the stringent measures imposed by this chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-85, Amended 12-11-86, 1-1-91, 7-15-96, Formerly 46-16.001, Amended 9-1-13.

Fla. Admin. Code R. 68B-16.002 Definitions

“Queen conch” means a conch of the species Aliger gigas (formerly Strombus gigas), or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-85, Amended 6-21-90, Formerly 46-16.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-16.003 Queen Conch, Regulation

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-85, Amended 6-21-90, 7-15-96, Formerly 46-16.003, Repealed 9-1-13.

Fla. Admin. Code R. 68B-16.004 Harvest of Queen Conch Prohibited

(1) A person may not harvest, kill, molest, harm or mutilate a queen conch within or without Florida Waters, or possess, transport or land a queen conch regardless of where harvested.

(2) A person may harvest a queen conch shell if the shell does not contain a live queen conch at the time of harvest and a live queen conch is not killed, mutilated, or removed from the shell prior to the harvest of the shell. A person may not possess within or without Florida Waters a queen conch shell that has an off-center hole larger than 1/16 inch in diameter through its spire.

(3) The presence of queen conch aboard a vessel in or on Florida Waters, while one or more persons from the vessel are overboard, constitutes prima facie evidence that the queen conch was harvested from Florida Waters in violation of this chapter.

(4) Rules 68B-16.004 and 68B-16.0041, F.A.C., will not be construed to prohibit the unintentional capture of a queen conch in the course of another lawful fishing activity. A person who unintentionally catches a queen conch shall immediately return the queen conch to the water unharmed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-16.005 Queen Conch, Regulation in Federal Waters Contiguous to Florida

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Formerly 46-16.005, Repealed 9-1-13.

Fla. Admin. Code R. 68B-16.007 Importation of Queen Conch

(1) Chapter 68B-16, F.A.C. does not apply to a wholesale or retail dealer who is in possession of queen conch if the queen conch was lawfully harvested and imported from a country other than the United States.

(2) A wholesale or retail dealer in queen conch or products made from queen conch shells shall maintain the invoices, receipts, bills of sale, bills of lading, or other documentation affirmatively showing that all queen conch in the dealer’s inventory were imported from a country other than the United States.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-17 HARD CLAMS

Fla. Admin. Code R. 68B-17.002 Definitions

“Hard clam” means any species of wild or feral hard clam of the genus Mercenaria, or a part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-85, Formerly 46-17.02, Amended 4-11-94, 11-27-96, Formerly 46-17.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-17.003 Size Limit; Sorting Requirement; Size Tolerance

(1) Size Limit – A person may not harvest or land from Florida Waters or possess in or on Florida Waters a hard clam that is less than 1 inch in thickness across the hinge.

(2) Sorting Requirement – A person harvesting hard clams shall sort the hard clams immediately after they are taken.

(a) Immediately after sorting, a person harvesting hard clams shall return alive to the place where taken each hard clam that is less than 1 inch in thickness across the hinge.

(b) The person(s) aboard a vessel in or on Florida Waters may not collectively possess more than 1 bushel of unsorted hard clams.

(3) Size Tolerance – A person may possess undersize hard clams if, by count of the hard clams in any individual bag, package, or container, 3% or less of the hard clams are undersize.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-85, Formerly 46-17.03, Amended 3-15-87, 11-1-89, 4-11-94, 11-27-96, Formerly 46-17.003, Amended 9-1-13.

Fla. Admin. Code R. 68B-17.004 Bag and Vessel Limits

(1) Recreational Limits –

(a) Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 5 gallons of hard clams (unshucked).

(b) Vessel Limit – The persons aboard a vessel in or on Florida Waters may not collectively possess more than 10 gallons of hard clams, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of hard clams in excess of the applicable bag limits.

(2) Commercial Limits – A commercial harvester is not subject to a harvest or possession limit for hard clams.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-85, Formerly 46-17.04, 46-17.004, Amended 9-1-13.

Fla. Admin. Code R. 68B-17.005 Regulation of Vessels and Harvesting Gear

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-85, Formerly 46-17.05, Amended 3-15-87, 4-11-94, 11-27-96, Formerly 46-17.005, Repealed 9-1-13.

Fla. Admin. Code R. 68B-17.006 Allowed and Prohibited Gear and Methods of Harvest

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a hard clam from Florida Waters only by or with the use of feet, hands, rakes that meet the specifications in Rule 68B-17.0061, F.A.C., or tongs that meet the specifications in Rule 68B-17.0061, F.A.C.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a hard clam from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not harvest hard calms with a rake, dredge, or other mechanical device that is pulled under power, unless they are harvesting hard clams pursuant to a valid Special Activity License issued by the Commission according to the provisions of Section 379.2525(2)(a), F.S.

(d) A person may not use wire or net in the basket of an implement that is used to harvest hard clams manually.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-17.0061 Specifications and Requirements for Allowed gear and Methods of Harvest; Required Equipment; Time of Day when Harvest and Transport is Prohibited

(1) Specifications and Requirements for Allowed Gear –

(a) Specifications for Rakes – A person may not harvest a hard clam with a rake that has less than 7/8 inch of clear space between the teeth on the horizontal harvesting surface of the rake. A person may not harvest a hard clam with a rake that has less than 7/8 inch clear space between the bars or dividers of any basket attached to the rake.

(b) Specifications for Tongs ‒ A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the teeth on the horizontal harvesting surface of the tongs. A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the bars or dividers of any basket attached to the tongs.

(c) A person may not use a rake, dredge or other mechanical device manually to harvest hard clams if the engine of any vessel used in connection with the harvest of the hard clams is running. A person using a rake, dredge or other mechanical device manually to harvest hard clams shall turn off the engine of any vessel used in connection with the harvest of the hard clams prior to using any of the gear and may not restart the engine while the gear is in use.

(2) Required Equipment for Harvest of Hard Clams –

(a) A person may not use a vessel in connection with harvest or transport of hard clams unless the vessel is equipped with a shade. A person who is using a vessel in connection with the harvest or transport of hard clams shall use the shade to shield the hard clams onboard the vessel from the sun at all times.

(b) A person may not use a vessel in connection with harvest of hard clams unless the vessel is equipped with at least one cull board or cull rack that meets the following specifications:

All cull boards, cull racks, and other devices used shall have a clear space between the bars or other dividers,
The clear space between the bars or dividers shall remain unobstructed at all times; and,
A person may not use wire, netting, or other material over or between the bars or dividers that would prevent clams less than 1 inch in size from falling through the clear space between the bars or dividers.

(3) Time of Day when Harvest and Transport is Prohibited –

(a) A person may not harvest or attempt to harvest a hard clam from Florida Waters during the period of prohibited harvest. A person may not possess or transport a hard calm in or on Florida Waters during the period of prohibited harvest. The period of prohibited harvest begins 30 minutes after official sunset and ends 30 minutes before official sunrise. The U.S. Weather Service establishes and publishes the time of official sunset and official sunrise for each day of the year.

(b) Paragraph (3)(a) does not apply to a dredge operation permitted under paragraph 68B-17.006(2)(b), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-17.007 Recreational Bag Limit

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-11-94, Formerly 46-17.007, Repealed 9-1-13.

Fla. Admin. Code R. 68B-17.009 License Requirements for Commercial Harvest

Shellfish endorsement –

(1) Beginning July 1, 2015, except as provided in subsection (3), or for harvest from aquaculture leases pursuant to an aquaculture certificate issued by the Florida Department of Agriculture and Consumer Services, a commercial harvester may not harvest or possess hard clams for commercial purposes in or on Florida Waters or sell hard clams unless the commercial harvester is harvesting pursuant to a valid saltwater products license with a shellfish endorsement.

(2) A shellfish endorsement shall be issued only to a person with a valid saltwater products license who provides proof of completion, within the last 12 months, of a Florida Department of Agriculture and Consumer Services developed or approved training course in shellfish harvest and post-harvest practices.

(3) A commercial harvester who is harvesting pursuant to a valid saltwater products license and a valid Apalachicola Bay oyster harvesting license is exempt from the requirement to possess a shellfish endorsement.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-26-14.

Chapter 68B-18 BAY SCALLOPS

Fla. Admin. Code R. 68B-18.001 Intent to Annually Review Bay Scallop Fishery Health; Modification of Open and Closed Areas by Rulemaking

(1) It is the intent of the Commission to annually review and evaluate the status and health of the bay scallop fishery.

(2) Should it become necessary to close any area presently open to bay scalloping, or should the bay scallop resource recover sufficiently to allow the opening of an area presently closed to bay scalloping, the Commission shall initiate rulemaking to amend Rule 68B-18.008, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-18.002 Definitions

As used in Chapter 68B-18, F.A.C.:

(1) “Bay scallop” means a scallop of the species Argopecten irradians, or any part of the meat or viscera thereof.

(2) “Fenholloway – Suwannee River Zone” means all Florida Waters along the Gulf of America east of a line running through Rock Island near the mouth of the Fenholloway River in Taylor County (83°49.760ꞌ West Longitude) and north of Suwannee River Alligator Pass Daybeacon 4 near the mouth of the Suwannee River in Levy County (29°15.350ꞌ North Latitude).

(3) “Gulf County Zone” means all Florida Waters east of a line extending due south from the west bank at the mouth of Mexico Beach Canal in Bay County (85025.84ꞌ West Longitude), including all waters of St. Joseph Bay, and west of a line extending due north and due south from the westernmost point of St. Vincent Island in Franklin County (85013.43ꞌ West Longitude).

(4) “Pasco Zone” means all Florida Waters south of the Pasco-Hernando county line (28°26.016ꞌ North Latitude) and north of a line extending due east and due west from the Anclote Key Lighthouse (28°10.020ꞌ North Latitude), which is approximately 0.37 miles south of the Pasco-Pinellas county line, and all waters of the Anclote River and its tributaries.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 6-15-94, 3-1-95, Formerly 46-18.002, Amended 9-1-13, 1-1-20, 1-1-21.

Fla. Admin. Code R. 68B-18.003 Statewide Open and Closed Seasons and Areas for Harvesting Bay Scallops

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 6-15-94, 3-1-95, 7-15-96, 7-1-97, Formerly 46-18.003, Amended 6-2-02, 8-30-12, Repealed 9-1-13.

Fla. Admin. Code R. 68B-18.004 Recreational Bag and Vessel Limits; Commercial Harvest Prohibited

(1) Recreational Limits –

(a) Bag Limits –

Except as provided in subparagraph (a)2., a person may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 2 gallons of whole bay scallops in the shell, or more than 1 pint of bay scallop meat.
During the period beginning June 15 and continuing through June 30 each year, a person may not harvest or land per day from the Fenholloway – Suwannee River Zone or possess in or on the Fenholloway – Suwannee River Zone more than 1 gallon of whole bay scallops in the shell, or more than 1 cup of bay scallop meat.

(b) Vessel Limits –

Except as provided in subparagraph (b)2., the persons aboard a vessel in or on Florida Waters may not collectively possess more than 10 gallons of whole bay scallops in the shell, or more than 1/2 gallon of bay scallop meat, regardless of the number of licensed or licensed-exempt harvesters aboard.
During the period beginning June 15 and continuing through June 30 each year, the persons aboard a vessel in or on the Fenholloway – Suwannee River Zone may not collectively possess more than 5 gallons of whole bay scallops in the shell, or more than 2 pints of bay scallop meat, regardless of the number of licensed or license-exempt harvesters aboard.
These provisions will not be construed to authorize harvest or possession of bay scallops in excess of the applicable bag limits established in paragraph (a).

(c) For the purpose of determining compliance with this rule, if a person is in possession of whole bay scallops in the shell and bay scallop meat at the same time, the bay scallop meat will be converted to its “in the shell” equivalent by counting each pint of bay scallop meat as 2 gallons of whole bay scallops in the shell.

(2) Commercial Harvest Prohibited – A person may not harvest bay scallops for commercial purposes from Florida Waters. In or on Florida Waters, a person may not possess a bay scallop for commercial purposes.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.004, Amended 9-1-13, 1-1-20, 6-27-22.

Fla. Admin. Code R. 68B-18.005 Seasons

(1) Except as provided in paragraphs (a) through (c), the harvest of bay scallops begins on July 1 and continues through September 24 each year.

(a) Within the Gulf County Zone, the harvest of bay scallops shall be limited to an open season that begins on August 16 and continues through September 24 each year.

(b) Within the Fenholloway – Suwannee River Zone, the harvest of bay scallops shall be limited to an open season that begins on June 15 and continues through Labor Day each year.

(c) Within the Pasco Zone, the harvest of bay scallops shall be limited to an open season that begins on July 10 and continues through August 18 each year

(2) A person may only harvest a bay scallop from Florida Waters during the applicable open seasons established in subsection (1).

(3) Except as provided in subsection 68B-18.008(3), F.A.C., a person may only possess a bay scallop in or on Florida Waters or land a bay scallop during the applicable open seasons established in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.005, Amended 9-1-13, 11-26-14, 1-1-20, 1-1-21, 4-10-24.

Fla. Admin. Code R. 68B-18.0055 Prohibition of Sale and Commercial Harvest

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-95, Amended 7-15-96, Formerly 46-18.0055, Repealed 9-1-13.

Fla. Admin. Code R. 68B-18.006 Allowed and Prohibited Gear and Methods of Harvest; Prohibited Simultaneous Possession of Bay Scallop and Certain Types of Gear

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a bay scallop from Florida Waters only by hand, or by using a landing or dip net.

(2) Prohibited Gear and Method of Harvest – A person may not harvest or attempt to harvest a bay scallop from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(3) A person may not possess a bay scallop aboard a vessel with a trawl, drag, dredge, or net (other than a landing or dip net) on board.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-18.007 Purchase and Sale of Bay Scallop Prohibited; Exception

(1) Purchase and Sale of Bay Scallop Prohibited – A person may not purchase or sell a bay scallop.

(2) Exception –

(a) Subsection (1) does not apply to a person who is purchasing, selling, or in possession of a bay scallop if the bay scallop was legally harvested outside of Florida waters and the bay scallop entered the State of Florida in interstate commerce.

(b) A person in possession of bay scallops for sale has the burden of establishing the chain of possession of the bay scallops beginning with the initial transaction after harvest by producing the appropriate receipts, bills of sale, and bills of lading. A person in possession of bay scallops for sale has the burden of showing that the bay scallops originated from a point outside Florida Waters and entered the state in interstate commerce. A person in possession of bay scallops for sale shall maintain and promptly produce (at the request of any duly authorized law enforcement officer) the documentation necessary to meet the burdens established in this paragraph.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-18.008 Open and Closed Areas; Transit of Bay Scallops from Open Through Closed Areas

(1) Open area – The area open to the harvest of bay scallops includes all Florida Waters along the Gulf of Mexico east and southeast of a line extending due south from the west bank at the mouth of Mexico Beach Canal in Bay County (85°25.84ꞌ West Longitude) and north of a line extending due east and due west from the Anclote Key Lighthouse (28°10.020ꞌ North Latitude), which is approximately 0.37 miles south of the Pasco-Pinellas county line, and all waters of the Anclote River and its tributaries.

(2) Closed areas – All Florida Waters except those included in subsection (1) are closed to the harvest of bay scallops.

(a) A person may not harvest a bay scallop from Florida Waters that are closed to the harvest of bay scallops.

(b) Except as provided in subsection (3), a person may not possess a bay scallop in or on Florida Waters that are closed to harvest or land a bay scallop in an area that is closed to harvest.

(3) Transit provisions – Bay scallops lawfully harvested from Florida Waters that are open to the harvest of bay scallops may be possessed aboard a vessel and transported directly through Florida Waters that are closed to the harvest of bay scallops and landed provided that the vessel is in continuous and direct transit from Florida Waters that are open to harvest to the place where the vessel is regularly docked, moored, or otherwise stored.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 1-1-20.

Chapter 68B-19 COBIA

Fla. Admin. Code R. 68B-19.001 Designation as a Restricted Species

Cobia are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 1-1-90, Formerly 46-19.001, Amended 3-22-01, 9-1-13.

Fla. Admin. Code R. 68B-19.002 Definitions

“Cobia,” also known as ling, means a fish of the species Rachycentron canadum, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 1-1-90, 8-31-98, Formerly 46-19.002, Amended 3-22-01, 9-1-13, 2-11-18, 7-1-22.

Fla. Admin. Code R. 68B-19.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a cobia that is less than 36 inches in fork length.

(2) Landed in Whole Condition Requirement – A person harvesting cobia shall land each cobia in whole condition. A person may not possess in or on Florida Waters a cobia that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit the evisceration (gutting) of a cobia or removal of gills from a cobia.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-22.

Fla. Admin. Code R. 68B-19.004 Bag and Vessel Limits

(1) Recreational Limits –

(a) Bag Limit – A recreational harvester may not harvest or land from Florida Waters, or possess in or on Florida Waters, more than 1 cobia per day.

(b) Vessel Limit – The recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 2 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits.

(2) Commercial Limits –

(a) Bag Limit – A commercial harvester may not harvest or land from Florida Waters, or possess in or on Florida Waters, more than 1 cobia per day.

(b) Vessel Limit – The commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 2 cobia, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of cobia in excess of the applicable bag limits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-90, Formerly 46-19.004, Amended 3-22-01, 9-1-13, 2-11-18, 7-1-22.

Chapter 68B-20 SPEARING: BOW HUNTING, GIGGING, AND SPEARFISHING

Fla. Admin. Code R. 68B-20.002 Definitions

(1) “Bow Hunting” means the catching or taking of a fish through the instrumentality of a bow and arrow or a crossbow and arrow, or quarrel.

(2) “Bow” means a device consisting of a flexible material having string connecting its two ends for the purpose of discharging arrows, which propels the arrows only by the energy stored by the drawing of the device.

(3) “Crossbow” means a device consisting of a bow affixed to a stock for discharging quarrels or arrows and which utilizes a hand-held locking mechanism to maintain the device in a drawn or ready-to-discharge condition.

(4) “Gigging” means the catching or taking of a fish through the instrumentality of a single or multi-pronged gig or spear, barbed or barbless, deployed at or above the surface of the water.

(5) “Spearfishing” means the catching or taking of a fish through the instrumentality of a hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, operated by a person swimming at or below the surface of the water.

(6) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-85, Amended 1-1-98, Formerly 46-20.002.

Fla. Admin. Code R. 68B-20.003 Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts

(1) Spearing is lawful in all salt waters and salt tributaries located in the State of Florida except:

(a) As provided in Section 379.2425, F.S. Notwithstanding the prohibition contained in that section, spearfishing is allowed in state waters off Collier County except as prohibited in this chapter and elsewhere in Division 68B, F.A.C.; and,

(b) As prohibited in this chapter, and elsewhere in Division 68B, F.A.C.

(2) Except as provided in Rule 68B-20.004, F.A.C., spearfishing is hereby prohibited:

(a) Within 100 yards of all public bathing beaches.

(b) Within 100 yards of all commercial or public fishing piers.

(d) Within 100 feet of the unsubmerged portion of any jetty, except that spearfishing shall be allowed along the last 500 yards of any jetty that extends more than 1,500 yards from the shoreline.

(e) In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Department of Environmental Protection. Possession of spearing equipment in or on any body of water under the jurisdiction of the Division of Recreation and Parks is prohibited except when such equipment is not loaded and is properly stored upon watercraft passing nonstop through such marine waters.

(3) The taking of fish by spearing shall be subject to and consistent with present and future bag limits, size limits, and seasons applicable to other fishermen of this state.

(4) The sale of fish lawfully taken by spearing shall be subject to the same regulations and limitations applicable to other fishermen in this state.

(5) Nothing in this chapter shall be construed as allowing the taking, harvesting, molesting or killing of any fish by spearing when taking, harvesting, molesting or killing such fish is otherwise prohibited by law.

(6) It is unlawful to buy, sell, offer to buy or sell, exchange, transport or possess any fish, or part thereof, taken or harvested in violation of this chapter.

(7) The use of powerheads, bangsticks, and rebreathers is prohibited as specified in Rule 68B-4.012, F.A.C.

(8)(a) The Marine Fisheries Commission hereby finds and declares that the repeal of Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079, Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which relate to spearing, will not adversely affect the marine resources of those counties or of the State of Florida.

(b) Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079, Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which are rules of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2, paragraph (5)(a) of Chapter 83-134, Laws of Florida, and section 2, paragraph (5)(b) of Chapter 84-121, Laws of Florida, are all hereby repealed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended 6-30-13, 8-1-14.

Fla. Admin. Code R. 68B-20.004 Exception to Statewide Spearing Prohibitions

(1) Notwithstanding anything to the contrary in Rule 68B-20.003, F.A.C., or Section 379.2425, F.S., upon request and with reasonable assurance that the activity will not harm the environment nor be a danger to public health or safety, the Executive Director, or his designee, shall issue permits authorizing the harvest of non-native marine species by spearfishing from areas where the activity is otherwise prohibited. The permit shall be for the limited purpose of facilitating the removal of non-native species from Florida Waters.

(2) Permits shall only be issued to the director of an organized tournament or event. For the purposes of this rule, an “organized tournament or event” means a fishing competition or other event that involves ten or more registered participants.

(3) The permit shall only be issued for an organized tournament or event that does not unduly impact resources, interfere with other users, or impose significant risks to public health and safety.

(4) Permits shall be valid for a period of no longer than one week and only for harvest from the areas specified in the permit.

(5) The Commission shall impose upon any permit such reasonable conditions as are necessary to assure that the event or activity authorized will limit liability to the agency and protect fish, wildlife, and natural and cultural resources.

(6) All individuals participating in an organized tournament or event for which a permit to take lionfish has been issued shall have a copy of the permit in his or her possession at all times when conducting activities authorized by the permit.

(7) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

(8) The authority granted under this section shall not exempt any person from purchasing a saltwater fishing license as required by Section 379.354, F.S.

(9) The permit shall not authorize any activities within the Florida Keys National Marine Sanctuary, within the boundaries of a federal park or other waters managed by the United States Department of the Interior, or within any state park or any other waters managed by the Florida Department of Environmental Protection unless it is accompanied by any and all permits that may be required by the National Oceanic and Atmospheric Administration, the Department of the Interior, or the Florida Department of Environmental Protection for such activities or events.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-14.

Fla. Admin. Code R. 68B-20.005 Prohibited Harvest of Certain Species

The spearing of the following species and species groups is prohibited:

(1) Billfish (species of the genus Xiphias, Istiophorus, Makaira, and Tetrapturus).

(2) Sturgeon (Acipenser oxyrhynchus).

(3) Tarpon (Megalops atlanticus).

(4) Bonefish (Albula vulpes).

(5) Jewfish (Epinephelus itajara).

(6) Nassau grouper (Epinephelus striatus).

(7) Permit (Trachinotus falcatus).

(8) Pompano (Trachinotus carolinus).

(9) African pompano (Alectis ciliaris).

(10) Sharks as defined in Rule 68B-44.002, F.A. C.

(11) Spotted eagle ray (Aetobatus narinari).

(12) Manta ray (species of the genus Manta and Mobula).

(13) Snook (species of the genus Centropomus).

(14) Red drum (Sciaenops ocellatus).

(15) Spotted seatrout (Cynoscion nebulosus).

(16) Weakfish (Cynoscion regalis).

(17) Tripletail (Lobotes surinamensis).

(18) Surgeonfish (family Acanthuridae).

(19) Trumpetfish (family Aulostomidae).

(20) Angelfish and butterflyfish (family Chaetodontidae).

(21) Porcupinefish (family Diodontidae).

(22) Cornetfish (family Fistulariidae).

(23) Squirrelfish (family Holocentridae).

(24) Trunkfish (family Ostraciidae).

(25) Damselfish (family Pomacentridae).

(26) Parrotfish (family Scaridae).

(27) Pipefish and Seahorse (family Sygnathidae).

(28) Puffers (family Tetraodontidae).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-20.005.

Chapter 68B-21 SNOOK

Fla. Admin. Code R. 68B-21.001 Designation as a Protected Species

(1) Designation as a Protected Species – The snook, species Centropomus undecimalis, is hereby declared and designated a protected species.

(2) The snook, species Centropomus undecimalis has been designated as a protected species to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered; and to encourage voluntary conservation practices, including catch-and-release practices for all snook caught unless they are needed for food.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-21.0015 Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-9-87, Amended 1-1-98, Formerly 46-21.0015, Amended 1-1-02, 5-13-02, 7-1-06, 7-12-07, 9-3-09, Repealed 9-1-13.

Fla. Admin. Code R. 68B-21.002 Definitions

As used in Chapter 68B-21, F.A.C.:

(1) “Big Bend Region” means all Florida Waters and adjacent federal waters of the Gulf of America lying east of 84°20.800ꞌ West Longitude in Franklin County and north of a line running due east and due west from the westernmost point of Fred Howard Park Causeway (28°09.350’N, 82°48.398’W), all waters of Pinellas County north of 28°09.350’ North Latitude, all waters of Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette, Leon, Levy, Madison, Pasco, Sumter, Suwannee, Taylor, Union, and Wakulla counties, and including all waters of Ochlockonee Bay and the Ochlockonee River, all waters of the Withlacoochee River, and all waters of the Anclote River and its tributaries

(2) “Charlotte Harbor Region” means all Florida Waters and adjacent federal waters lying south of the Sarasota Bay Region and north of a line extending due west from a point located at 26°15.227’N, 81°49.412’W in Collier County, all waters of Collier County north of 26°15.227’ North Latitude, all waters of Manatee and Sarasota counties east and south of the Sarasota Bay Region, all waters of Charlotte, DeSoto, Glades, Hardee, Hendry, Highlands, Lee, and Polk counties, including all waters and tributaries of the Caloosahatchee, Myakka, and Peace rivers, excluding all waters of Lake Okeechobee.

(3) “Indian River Lagoon Region” means all Florida Waters and adjacent federal waters lying south of a line extending due east from a point located at 29°01.755’N, 80°54.160’W in Volusia County and north of the Martin-Palm Beach county line, all waters of Martin, Okeechobee, Osceola, St. Lucie, Indian River, and Brevard counties, all inside waters of Volusia County south of Lytle Avenue/South Causeway (State Road A1A), all waters of Volusia County south of State Road 44 and east of I-95, including all waters of the Kissimmee River, Cypress Lake, Lake Hatchineha, Lake Kissimmee, and Lake Okeechobee, excluding all waters of the Loxahatchee River and its tributaries and all waters of the St. Johns River and its tributaries.

(4) “Northeast Region” means all Florida Waters and adjacent federal waters lying south of the Florida-Georgia border and north of the North Indian River Lagoon Region, all waters of Baker, Clay, Duval, Flagler, Lake, Marion, Nassau, Orange, Putnam, Seminole, and St. Johns counties, all waters of Volusia County north and west of the Indian River Lagoon Region, including all waters of the St. Johns River and its tributaries, excluding all waters of the Withlacoochee River, Kissimmee River, Cypress Lake, Lake Hatchineha, and Lake Kissimmee.

(5) “Panhandle Region” means all Florida Waters and adjacent federal waters lying east of the Florida-Alabama border and west of the western boundary of the Big Bend Region, all waters of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, and Washington counties, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(6) “Sarasota Bay Region” means all Florida Waters and adjacent federal waters lying south of the Tampa Bay Region and north of 27°04.727’ North Latitude (approximately 0.4 miles north of the Venice Municipal Fishing Pier in Sarasota County), all waters of Manatee County south of State Road 64 and west of 82°22.500’ West Longitude, and all waters of Sarasota County west of 82°22.500’ West Longitude and north of 27°04.727’ North Latitude, including all waters of Palma Sola Bay, Phillippi Creek, Cow Pen Slough Canal, and Curry Creek, excluding all waters and tributaries of the Braden and Manatee rivers.

(7) “Snook” means a fish of the genus Centropomus, or any part thereof.

(8) “Southeast Region” means all Florida Waters and adjacent federal waters lying south of the Martin-Palm Beach county line and north of the Miami-Dade/Monroe county line, all waters of Broward, Miami-Dade, and Palm Beach counties, including all waters of the Loxahatchee River and its tributaries, Hillsboro Canal, Miami Canal, North New River Canal, and West Palm Beach Canal, excluding all waters of Lake Okeechobee and all waters of Everglades National Park.

(9) “Southwest Region” means all Florida Waters and adjacent federal waters lying south of the Charlotte Harbor Region and all Florida Waters and adjacent federal waters lying south of the Southeast Region, all waters of Collier County south of 26°15.227’ North Latitude, all waters of Monroe County, and all waters of Everglades National Park.

(10) “Tampa Bay Region” means all Florida Waters and adjacent federal waters lying south of a line extending due east and due west from the westernmost point of Fred Howard Park Causeway in Pinellas County (28°09.350’N, 82°48.398’W) and north of a line extending due west from a point located at 27°29.823’N, 82°42.659’W (the western terminus of State Road 64 in Manatee County), all waters of Manatee County north of State Road 64, and all waters of Pinellas and Hillsborough counties, including all waters and tributaries of the Alafia, Braden, Manatee, and Hillsborough rivers, excluding all waters of Palma Sola Bay and all waters of the Anclote River and its tributaries.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.002, Amended 9-1-13, 1-1-24.

Fla. Admin. Code R. 68B-21.003 Regional Size Limits; Landed in Whole Condition Requirement

(1) Minimum and Maximum Size Limits – A person may not harvest or land from within or without Florida Waters of the following regions, or possess within or without Florida Waters of the following regions, a snook that does not meet the specified size limits established in this subsection for each region:

(a) Panhandle Region – No less than 28 inches or greater than 33 inches in total length

(b) Big Bend Region – No less than 28 inches or greater than 33 inches in total length

(d) Sarasota Bay Region – No less than 28 inches or greater than 33 inches in total length.

(e) Charlotte Harbor Region – No less than 28 inches or greater than 33 inches in total length.

(f) Southwest Region – No less than 28 inches or greater than 33 inches in total length.

(g) Southeast Region – No less than 28 inches or greater than 32 inches in total length.

(h) Indian River Lagoon Region – No less than 28 inches or greater than 32 inches in total length.

(i) Northeast Region – No less than 28 inches or greater than 32 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting snook within or without Florida Waters shall land each snook in whole condition. A person may not possess within or without Florida Waters a snook that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a snook or removal of gills from a snook. This provision will not be construed to prohibit preparation of snook for immediate consumption on board the vessel from which the snook was caught.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.003, Amended 5-13-02, 7-12-07, 9-3-09, 9-1-13, 1-1-24.

Fla. Admin. Code R. 68B-21.004 Regional Recreational Bag Limits; Bag Limit for Captain and Crew; Prohibited Commercial Harvest; Region for Landing and Possession

(1) Regional Recreational Bag Limits – A person may not harvest or land per day from within or without Florida Waters of the following regions, or possess within or without Florida Waters of the following regions, more snook than the specified bag limit established in this subsection for each region:

(a) Panhandle Region – One (1) snook per day.

(b) Big Bend Region – One (1) snook per day.

(d) Sarasota Bay Region – One (1) snook per day.

(e) Charlotte Harbor Region – One (1) snook per day.

(f) Southwest Region – One (1) snook per day.

(g) Southeast Region – One (1) snook per day.

(h) Indian River Lagoon Region – One (1) snook per day.

(i) Northeast Region – One (1) snook per day.

(2) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a snook.

(3) Commercial Harvest Prohibited – Within or without Florida Waters, a person may not harvest, possess, or land a snook for commercial purposes.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, Formerly 46-21.004, Amended 1-1-02, 7-12-07, 9-3-09, 9-1-13, 1-1-24.

Fla. Admin. Code R. 68B-21.005 Seasons

Regional Closed Seasons – During the closed seasons for snook established in this rule for the following regions, a person may not harvest or land a snook from within or without Florida Waters of the specified region, or possess a snook in the specified region regardless of whether the snook was harvested within or without Florida Waters:

(1) Panhandle Region – Snook season in the Panhandle Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(2) Big Bend Region – Snook season in the Big Bend Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(3) Tampa Bay Region – Snook season in the Tampa Bay Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(4) Sarasota Bay Region – Snook season in the Sarasota Bay Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(5) Charlotte Harbor Region – Snook season in the Charlotte Harbor Region is closed:

(a) Beginning on May 1 and continuing through September 30 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(6) Southwest Region – Snook season in the Southwest Region is closed:

(a) Beginning on May 1 and continuing through September 30 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(7) Southeast Region – Snook season in the Southeast Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

(8) Indian River Lagoon Region – Snook season in the Indian River Lagoon Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

(9) Northeast Region – Snook season in the Northeast Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 12-31-98, Formerly 46-21.005, Amended 7-1-06, 7-19-06, 7-12-07, 9-3-09, 9-1-13, 1-1-24.

Fla. Admin. Code R. 68B-21.006 Allowed and Prohibited Gear and Methods of Harvest; Prohibited Simultaneous Possession of Snook and Certain Types of Gear; Incidental Capture of Snook

(1) Allowed Gear and Method of Harvest – Within or without Florida Waters, a person may harvest or attempt to harvest a snook only by or with the use of hook and line gear.

(2) Prohibited Gear and Method of Harvest – The following restrictions apply within or without Florida Waters.

(a) A person may not harvest or attempt to harvest a snook with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a gang hook or a multiple hook to harvest or attempt to harvest a snook.

(c) A person may not harvest or attempt to harvest a snook by spearing the snook or using any device designed or intended to impale or hook the snook by any part of its body other than its mouth. A person may not use a snatch hook to harvest or attempt to harvest a snook. A person may not use the method commonly referred to as snook snatching to harvest or attempt to harvest a snook.

(3) A person may not possess a snook while also in possession of, using, or transporting a net, seine, or other fishing gear that is not expressly permitted in subsection (1). This prohibition does not apply to a person aboard a vessel who is in possession of a cast net if the cast net is stored off of the deck of the vessel.

(4) If a person incidentally catches a snook using a trap, net, or seine, that person will not be in violation of this section if they immediately return the snook to the water alive and unharmed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 3-1-94, 12-31-98, Formerly 46-21.006, Amended 1-1-02, 7-12-07, 9-1-13.

Fla. Admin. Code R. 68B-21.007 Purchase and Sale of Snook Prohibited; Prohibited Possession by Seafood Dealers and Restaurants

(1) A person may not purchase or sell a snook, regardless of whether the snook was harvested within or without Florida Waters.

(2)(a) Except as provided in paragraph (2)(b), a seafood dealer may not possess or store a snook, or allow a person to possess, store, purchase, or sell a snook in, on, or about the premises or vehicles where the business of seafood dealer is carried on, which snook was harvested within or without Florida Waters.

(b) A person may keep a snook on the premises of a restaurant if:

It is for the sole purpose of preparing the snook for consumption by the recreational harvester who harvested the snook,
The snook was legally harvested by a recreational harvester; and,
The snook is clearly labeled with a tag that has the recreational harvester’s name and address clearly written on it.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 1-1-98, Formerly 46-21.007, Amended 6-29-00, 7-12-07, 9-1-13.

Fla. Admin. Code R. 68B-21.008 Snook Culture and Sale for Use in Private Ponds or Aquariums

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-13-02, Repealed 7-1-04.

Chapter 68B-22 RED DRUM (REDFISH)

Fla. Admin. Code R. 68B-22.001 Purpose and Intent; Repeal of Certain Laws; Designation as Protected Species

(1) The purpose and intent of this chapter is to protect, manage, conserve and replenish Florida’s red drum (redfish) resource.

(2) Accordingly, it is the intent of this chapter to repeal and replace those portions of Section 370.11(2)(a)4., F.S. (1985), dealing with redfish. This chapter is not intended, and shall not be construed, to repeal any other portion of Section 370.11(2)(a)4., F.S. (1985); any other subdivision of Section 370.11, F.S. (1985); or any other general or local law directly or indirectly relating to or providing protection for the redfish resource.

(3) Redfish are hereby declared and designated a protected species. The purposes of this designation are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered and to encourage voluntary conservation practices, including catch-and-release practices for all redfish caught unless they are needed for food.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 9-12-85, Amended 1-1-89, 6-3-91, Formerly 46-22.001, Amended 9-1-22.

Fla. Admin. Code R. 68B-22.002 Definitions

(1) “Big Bend Region” means all Florida Waters of the Gulf of America lying east of 84°20.800ꞌ West Longitude in Franklin County and north of a line running due east and due west from the westernmost point of Fred Howard Park Causeway (28°09.350ꞌN, 82°48.398ꞌW), and including all waters of Ochlockonee Bay and the Ochlockonee River and all waters of the Anclote River and its tributaries.

(2) “Catch, hold and release,” means the intentional release of a live redfish, possessed in a live well or recirculating tank aboard a boat, for the purpose of harvesting another redfish.

(3) “Charlotte Harbor Region” means all Florida Waters lying south of 27°04.727ꞌ North Latitude (approximately 0.4 miles north of the Venice Municipal Fishing Pier in Sarasota County), all Florida Waters north of a line extending due west from a point located at 26°15.227'N, 81°49.412'W in Collier County, and all Florida Waters north of Vanderbilt Beach Road (County Road 862) in Collier County.

(4) “Fishing pier” means a platform extending from shore over water, used primarily to provide a means for persons to harvest or attempt to harvest fish therefrom. The term shall not be construed to include any residential dock, marina, or facility at which vessels are launched or moored, but shall include any abandoned bridge serving the function of a fishing pier.

(5) “Fishing tournament,” as used in this chapter, means a fishing competition involving 50 or more participants that has written rules and regulations, requires an entry fee, and awards prizes to competitors.

(6) “FWC” means the Florida Fish and Wildlife Conservation Commission.

(7) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive and unharmed are not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive and unharmed if undersize or oversize. A person engaged in catch, hold, and release pursuant to Rule 68B-22.007, F.A.C., shall not be considered to have harvested a redfish if it is released alive.

(8) “Indian River Lagoon Region” means all Florida Waters lying south of Lytle Avenue/South Causeway (State Road A1A) in Volusia County, all Florida Waters south of a line extending due east from a point located at 29°01.755ꞌN, 80°54.160ꞌW in Volusia County, and all Florida Waters north of the Martin-Palm Beach county line, excluding all waters of the Loxahatchee River and its tributaries.

(9) “Land,” when used in conjunction with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(10) “Northeast Region” means all Florida Waters lying north of the Indian River Lagoon Region and south of the Florida-Georgia border.

(11) “Panhandle Region” means all Florida Waters lying east of the Florida-Alabama border and west of the western boundary of the Big Bend Region, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(12) “Person” means any natural person, firm, entity or corporation.

(13) “Red drum” or “redfish” means any fish of the species Sciaenops ocellatus, or any part thereof. “Native redfish” means any redfish harvested from waters subject to the jurisdiction of the Fish and Wildlife Conservation Commission and the State of Florida.

(14) “Sarasota Bay Region” means all Florida Waters lying south of the Tampa Bay Region and north of the Charlotte Harbor Region, including all waters of Palma Sola Bay, excluding all waters of the Braden River and excluding all tributaries of the Manatee River.

(15) “Southeast Region” means all Florida Waters lying south of the Martin-Palm Beach county line and north of the Miami-Dade/Monroe county line, including all waters of the Loxahatchee River and its tributaries.

(16) “Southwest Region” means all Florida Waters lying south of the Charlotte Harbor Region and all Florida Waters lying south of the Southeast Region.

(18) “Tampa Bay Region” means all Florida Waters lying south of a line running due east and due west from the westernmost point of Fred Howard Park Causeway in Pinellas County (28°09.350ꞌN, 82°48.398ꞌW), all Florida Waters north of State Road 64 in Manatee County, and all Florida Waters north of a line extending due west from a point located at 27°29.823'N, 82°42.659'W (the western terminus of State Road 64 in Manatee County) including all waters of the Braden River and all tributaries of the Manatee River, excluding all waters of Palma Sola Bay and all waters of the Anclote River and its tributaries.

(19) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(20) “Vessel” means and includes every description of water craft used or capable of being used as a means of transportation on water, including nondisplacement craft and any aircraft designed to maneuver on water.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-12-85, Amended 2-12-87, 1-1-89, 1-1-96, 1-1-98, Formerly 46-22.002, Amended 3-17-04, 7-1-06, 2-1-12, Amended 9-1-22.

Fla. Admin. Code R. 68B-22.003 Size Limits

No person shall harvest in or from the waters of the State of Florida at any time, or unnecessarily destroy, any redfish of total length less than 18 inches, nor greater than 27 inches.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-12-85, Amended 2-12-87, 1-1-89, Formerly 46-22.003.

Fla. Admin. Code R. 68B-22.005 Regional Recreational Bag, and Vessel, and Possession Limits; Bag Limit for Captain and Crew on For-hire Trips; Sale Prohibited

(1) Recreational Bag Limits – Except as provided in Rule 68B-22.007, F.A.C., a recreational harvester may not harvest or land per day or possess more redfish than the specified bag limit established in this subsection within the following regions while in or on Florida Waters, or on any dock, pier, bridge, beach, boat ramp, or other fishing site adjacent to such waters, and any parking location adjacent to said fishing sites:

(a) Panhandle Region – One (1) redfish.

(b) Big Bend Region – One (1) redfish.

(d) Sarasota Bay Region – One (1) redfish.

(e) Charlotte Harbor Region – One (1) redfish.

(f) Southwest Region – One (1) redfish.

(g) Southeast Region – One (1) redfish.

(h) Indian River Lagoon Region – A person may not harvest, land, or possess a redfish within the Indian River Lagoon Region.

(i) Northeast Region – One (1) redfish.

(2) Recreational Vessel Limits – The persons aboard a vessel in or on Florida Waters may not collectively harvest, possess, or land more redfish than the specified vessel limit established in this subsection within the following regions. This provision will not be construed to authorize harvest or possession of redfish in excess of applicable bag limits.

(a) Panhandle Region – Four (4) redfish.

(b) Big Bend Region – Four (4) redfish.

(d) Sarasota Bay Region – Two (2) redfish.

(e) Charlotte Harbor Region – Two (2) redfish.

(f) Southwest Region – Two (2) redfish.

(g) Southeast Region – Two (2) redfish.

(h) Indian River Lagoon Region – The persons aboard a vessel in or on the Indian River Lagoon Region may not harvest, possess, or land a redfish.

(i) Northeast Region – Four (4) redfish.

(3) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a redfish.

(4) Transport Possession Limit – No person shall possess more than four native red drum while in transit on land.

(5) Commercial Harvest Prohibited – A person may not harvest or land a redfish for commercial purposes from Florida Waters or possess a redfish from Florida Waters for commercial purposes.

(6) Sale of Native Redfish Prohibited –

(a) A person may not purchase or sell a redfish that was harvested from Florida Waters.

(b)1. A person may purchase, sell, or possess a redfish that was legally harvested outside of Florida Waters that has entered the State of Florida in interstate commerce.

A person in possession of a redfish for sale has the burden of establishing the chain of possession of such redfish beginning with the initial transaction after harvest by producing the appropriate receipt(s), bill(s) of sale, and bill(s) of lading. A person in possession of a redfish for sale has the burden of showing that such redfish originated from a point outside of Florida Waters and entered the state in interstate commerce. A person in possession of a redfish for sale must maintain, and shall promptly produce at the request of any duly authorized law enforcement officer, such documentation.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-12-87, Amended 1-1-89, 6-3-91, 1-1-96, Formerly 46-22.005, Amended 3-17-04, 2-1-12, 11-1-16, 9-1-22.

Fla. Admin. Code R. 68B-22.006 Other Prohibitions; Applicability

(1) The harvest of any redfish in or from state waters by or with the use of any multiple hook in conjunction with live or dead natural bait is prohibited. Spearing or snagging (snatch hooking) of redfish in or from state waters is prohibited.

(2) It is unlawful for any person to possess, transport, buy, sell, exchange or attempt to buy, sell or exchange any redfish harvested in violation of this chapter.

(3) No operator of a vessel in or on state waters shall allow the possession aboard the vessel of any redfish not in compliance with established bag limits, size limits, seasons or any prohibited gear as specified in this chapter or in Chapter 68B-4, F.A.C.

(4) All redfish harvested from Florida waters shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any redfish that has been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of redfish, or mere removal of gills from redfish, before landing is not prohibited. Preparation of redfish for immediate consumption on board the vessel from which the fish were caught is not prohibited.

(5) Provisions of this rule chapter shall not apply to redfish artificially spawned and raised in commercial aquaculture facilities. Failure to maintain appropriate receipt(s), bill(s), bill(s) of sale, or bill(s) of lading, that such redfish were artificially spawned and raised in commercial aquaculture facilities, shall constitute a violation of this rule.

(6) The simultaneous possession aboard a vessel of any gill net or entangling net together with any redfish is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-12-87, Amended 6-3-91, 1-1-96, 1-1-98, Formerly 46-22.006.

Fla. Admin. Code R. 68B-22.007 Catch-Hold-and-Release Tournament Exemption

(1) Except as provided in this rule, the practice of catching, holding, and releasing redfish is prohibited. The Executive Director of the FWC, or his designee, shall issue a tournament exemption permit to the director of a catch-and-release fishing tournament to allow redfish to be caught, held, and released during the tournament, and to allow the tournament to exceed redfish bag and possession limits pursuant to Rule 68B-22.005, F.A.C., after redfish have been weighed-in, provided that each of the following conditions is met:

(a) Tournament anglers and tournament staff agree to attempt to release alive all redfish that are caught, including those fish that are weighed-in.

(b) Each two person team of tournament anglers possesses no more than two live redfish in the boat’s live well or recirculating tank at any one time.

(c) All boats used in the tournament contain recirculating or aerated live wells that are at least 2.4 cubic feet or 18 gallons in capacity.

(d) Dead redfish possessed by a two person team of tournament anglers are not discarded. A dead redfish is considered harvested and will count as the daily bag limit for the team of tournament anglers who harvested that fish.

(e) Redfish are maintained in an aerated recovery holding tank prior to release. Recovery holding tank requirements may be specified in the tournament exemption permit at the FWC’s discretion in order to increase survival of released redfish.

(f) The tournament provides the FWC with a description of the aerated recovery holding tank(s) used to maintain redfish alive after weigh-in.

(g) The tournament provides the FWC with a description of the location where tournament caught redfish will be released after they are weighed in. In order to increase survival of released redfish, release locations may be specified in the tournament exemption permit at the FWC’s discretion.

(h) The tournament permit holder shall submit a post-tournament report to the FWC indicating the number of fish weighed-in each day of the tournament, the number of fish weighed-in dead each day, and the number of fish that died after being weighed-in, but prior to release each day. The FWC may specify additional tournament reporting requirements as a condition of the tournament exemption permit.

(i) The tournament agrees to allow FWC staff the opportunity to collect research data and conduct research and onboard monitoring during the tournament, as needed.

(2) Application for issuance of a tournament exemption permit shall be made on a form provided by the FWC (Form DMF-SL 5000 (3-04), incorporated herein by reference). Tournament exemption permits will only be issued to catch-and-release redfish tournaments that agree to the permit conditions in subsection (1).

(3) Any anglers participating in a redfish tournament for which a tournament exemption permit has been issued shall have a copy of the permit in his or her possession at all times during tournament operating hours.

(4) Any violation of the conditions and requirements specified within the tournament exemption permit will be considered a violation of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-17-04, Amended 9-1-22.

Chapter 68B-23 SPANISH MACKEREL

Fla. Admin. Code R. 68B-23.001 Designation as Restricted Species

Spanish mackerel are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-28-85, Amended 10-30-86, 12-10-87, 10-1-88, 10-19-89, 9-30-96, Formerly 46-23.001, Amended 9-5-19.

Fla. Admin. Code R. 68B-23.002 Definitions

(1) “East Coast Region” means Florida Waters along the east coast north of the Miami-Dade/-Monroe county line at Card Sound.

(2) “Spanish mackerel” means any fish of the species Scomberomorus maculatus, or any part thereof.

(3) “West Coast Region” means all Florida Waters except those included in the East Coast Region.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-28-85, Amended 10-30-86, 10-1-88, 10-1-90, 11-29-93, 9-30-96, 1-1-98, Formerly 46-23.002, Amended 9-5-19.

Fla. Admin. Code R. 68B-23.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a Spanish mackerel that is less than 12 inches in fork length.

(2) Landed in Whole Condition Requirement – A person harvesting Spanish mackerel shall land each Spanish mackerel in whole condition. A person may not possess in or on Florida Waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, a Spanish mackerel that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit the evisceration (gutting) of a Spanish mackerel or removal of gills from a Spanish mackerel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-28-85, Amended 10-30-86, 12-10-87, 10-1-88, 2-16-93, 11-29-93, 9-30-96, 1-1-98, Formerly 46-23.003, Amended 9-5-19.

Fla. Admin. Code R. 68B-23.0035 Size Limit

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-1-99, Formerly 46-23.0035, Repealed 9-5-19.

Fla. Admin. Code R. 68B-23.004 Bag and Vessel Limits

(1) Recreational Bag Limit –

(a) A recreational harvester may not harvest from Florida Waters more than 15 Spanish mackerel per day. Except as provided in paragraph (d), a recreational harvester may not possess in or on Florida Waters, on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more than 15 Spanish mackerel.

(b) The captain or crew of a vessel for hire may each temporarily possess more than the applicable possession limit for Spanish mackerel, once the vessel is docked, for the limited purposes of transporting, cleaning, or storing fish for customers, so long as the fish are segregated in bags or other containers by the customer and the customer has given written authorization to the captain to temporarily possess the fish for such limited purposes. The authorization shall remain attached to the bag or container containing the fish until they are returned to the customer.

(d) Exception.

Consistent with Federal Standards, any person harvesting Spanish mackerel in the East Coast Region pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 24 hours may possess no more than two daily bag limits, provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(i) as of March 26, 2021).
Consistent with Federal Standards, any person harvesting Spanish mackerel in the West Coast Region pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 30 hours may possess, at any time during the trip, no more than two daily bag limits, provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date and time of departure and length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(ii) as of March 26, 2021).

(2) Commercial Regional Vessel Limits –

(a) East Coast Region –

Beginning on March 1 and continuing through November 30 of each year, unless the provisions of subparagraphs 3. or 4. apply, a harvest, landing, and possession limit of 3,500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 3,500 pounds of Spanish mackerel.
Unless the provisions of subparagraphs 3. or 4. apply, the following harvest, landing, and possession limits shall apply beginning on December 1 each year and continuing through the end of the current season as specified in subsection 68B-23.005(2), F.A.C.:

a. On Monday through Friday during this period, a harvest, landing, and possession limit of 3,500 pounds of Spanish mackerel per vessel per day shall apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 3,500 pounds of Spanish mackerel.

b. On Saturday through Sunday during this period, a harvest, landing, and possession limit of 1,500 pounds of Spanish mackerel per vessel per day shall apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 1,500 pounds of Spanish mackerel.

A harvest, landing, and possession limit of 1,500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region from the date the commercial vessel limit in adjacent federal waters is reduced to 1,500 pounds of Spanish mackerel until the end of the current season as specified in subsection 68B-23.005(2), F.A.C., unless the provisions of subparagraph 4. apply. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 1,500 pounds of Spanish mackerel.
A harvest, landing, and possession limit of 500 pounds of Spanish mackerel per vessel per day shall apply in the East Coast Region from the date the commercial vessel limit in adjacent federal waters is reduced to 500 pounds of Spanish mackerel or from the date the commercial harvest of Spanish mackerel in adjacent federal waters is closed, whichever occurs first, and until the end of the current season as specified in subsection 68B-23.005(2), F.A.C. During this period, commercial harvesters aboard a vessel in the East Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 500 pounds of Spanish mackerel.
In the East Coast Region, a “day” starts at 6:00 a.m. (local time), and extends for 24 hours. For example, Monday starts at 6:00 a.m. on Monday and extends until 6:00 a.m. on Tuesday. A commercial harvester aboard a vessel terminating a trip prior to 6:00 a.m., but who possesses Spanish mackerel aboard the vessel after that time shall not be considered to possess Spanish mackerel in excess of the daily limits provided the vessel is not underway after 6:00 a.m. and such Spanish mackerel are unloaded prior to 6:00 p.m. following termination of the trip.
A commercial harvester may not transfer Spanish mackerel between vessels within the East Coast Region.

(b) West Coast Region – There are no commercial vessel limits applicable in the West Coast Region. However, if at any time adjacent federal waters are closed to commercial harvest of Spanish mackerel, a limit of 500 pounds of Spanish mackerel per vessel per day shall apply in the West Coast Region for the remainder of the season as specified in subsection 68B-23.005(2), F.A.C. During this period, commercial harvesters aboard a vessel in the West Coast Region may not harvest or land in any one day, or possess aboard a vessel more than 500 pounds of Spanish mackerel.

(c) Notice of commercial regional vessel limit changes pursuant to paragraphs (a) or (b) will be given by the Executive Director of the Fish and Wildlife Conservation Commission in the manner provided in section 120.81(5), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-30-86, Amended 12-10-87, 10-1-88, 11-1-89, 10-1-90, 11-26-92, 11-29-93, 9-30-96, 12-2-96, 1-1-98, Formerly 46-23.004, Amended 1-1-01, 8-3-10, 9-5-19, 8-25-21.

Fla. Admin. Code R. 68B-23.005 Open and Closed Seasons for the Harvest of Spanish Mackerel

(1) Recreational Open Season – The season for recreational harvest of Spanish mackerel is open throughout the year.

(2) Commercial Open and Closed Seasons –

(a) East Coast Region – Commercial harvest of Spanish mackerel in the East Coast Region is open beginning March 1 each year and continuing through the last day of February of the following year, subject to the specified East Coast Region commercial vessel limits established in rule 68B-23.004, F.A.C.

(b) West Coast Region – Commercial harvest of Spanish mackerel in the West Coast Region is open beginning April 1 each year and continuing through March 31 of the following year, subject to any West Coast Region commercial vessel limits established in rule 68B-23.004, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-30-86, Amended 12-10-87, 10-1-88, 10-1-90, 11-26-92, 2-14-94, 1-1-98, Formerly 46-23.005, Amended 7-1-00, 9-5-19.

Fla. Admin. Code R. 68B-23.006 Allowable Gear; Prohibited Gear

(1) A person may harvest or attempt to harvest Spanish mackerel from Florida Waters only by or with the use of a beach or haul seine, a cast net, hook and line gear, or by spearing.

(2) A person may not harvest or attempt to harvest Spanish mackerel from Florida Waters with gear not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-30-86, Amended 10-1-88, Formerly 46-23.006, Amended 6-1-99, 10-12-15, 9-5-19.

Fla. Admin. Code R. 68B-23.011 Other Prohibitions

(1) The Commission shall issue a permit pursuant to rule 68B-2.010, F.A.C., to authorize Spanish mackerel caught in an organized tournament to be donated to a licensed wholesale dealer.

(2) The operator of a vessel in Florida Waters is responsible for ensuring that the persons aboard the vessel comply with the applicable provisions of this chapter. If a person aboard a vessel in or on Florida Waters violates a provision of chapter 68B-23, F.A.C., the operator of the vessel is also in violation of that provision.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-5-19.

Chapter 68B-24 SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER

Fla. Admin. Code R. 68B-24.001 Purpose and Intent

(1) The primary purpose and intent of this chapter are to protect and conserve Florida’s spiny lobster resources, assure the continuing health and abundance of those resources, and to provide for optimum sustained benefits and use from the resources for all the people of the state.

(2) It is the intent of this chapter to repeal and replace chapter 29299, Special Acts of Florida, 1953, a special act relating to gear authorized to be used in the waters of Monroe County.

(3) It is also the intent of this chapter to prohibit the molestation of any eggbearing lobster.

(4) Spiny lobster is designated as a restricted species pursuant to Section 379.101(32), F.S.

(5) It is the goal of the Commission to substantially reduce the mortality of undersize spiny lobster in the fishery, by reducing the number of traps used in the fishery to the lowest number which will maintain or increase overall catch levels, promote economic efficiency in the fishery, and conserve natural resources.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95, Formerly 46-24.001, Amended 7-1-08.

Fla. Admin. Code R. 68B-24.002 Definitions

As used in this rule chapter:

(1) “Artificial habitat” means any material placed in the waters of the state that is reasonably suited to providing cover and habitat for spiny lobster. Such material may be constructed of, but is not limited to, wood, metal, fiberglass, concrete, or plastic, or any combination thereof, and may be fabricated for this specific purpose or for some other purpose. The term does not include fishing gear allowed by rule of the Commission, legally permitted structures, or artificial reef sites constructed pursuant to permits issued by the United States Army Corps of Engineers or by the Florida Department of Environmental Protection.

(2) “Biscayne National Park” means all state waters lying within the boundaries of Biscayne National Park, a legal description of which can be found in Rule 68B-2.001, F.A.C.

(3) “Bully net” means a circular frame attached at right angles to the end of a pole and supporting a conical bag of webbing. The webbing is usually held up by means of a cord which is released when the net is dropped over a lobster.

(4) “Commercial harvester” means a person who holds a valid crawfish license or trap number, lobster trap certificates if traps are used to harvest spiny lobster, or a valid commercial dive permit if harvest is by diving, or a valid bully net permit if harvest is by bully net, and a valid saltwater products license with a restricted species endorsement issued by the Fish and Wildlife Conservation Commission.

(5) “Diving” means swimming at or below the surface of the water.

(6) “Harvest” means the catching or taking of spiny lobster by any means whatsoever, followed by a reduction of such spiny lobster to possession. Spiny lobster that are caught but immediately returned to the water free, alive and unharmed are not harvested. In addition, temporary possession of a spiny lobster for the purpose of measuring it to determine compliance with the minimum size requirements of this chapter shall not constitute harvesting such lobster, provided that it is measured immediately after taking, and immediately returned to the water free, alive and unharmed if undersized.

(7) “Hoop net” means a frame, circular or otherwise, supporting a shallow bag of webbing and suspended by a line and bridles. The net is baited and lowered to the ocean bottom, to be raised rapidly at a later time to prevent the escape of lobster.

(8) “Immediate family” refers to a commercial harvester’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(9) “Land,” when used in connection with the harvest of a spiny lobster, means the physical act of bringing the harvested lobster ashore.

(10) “Lobster trap certificates” means those certificates allotted by the Fish and Wildlife Conservation Commission pursuant to Section 379.3671(2), F.S.

(11) “Person” means any natural person, firm, entity, or corporation.

(12) “Recreational harvester” means any person other than a commercial harvester.

(13) “Spiny lobster” or “crawfish” means any crustacean of the species Panulirus argus, or any part thereof.

(14) “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.361 History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95, Formerly 46-24.002, Amended 7-7-03, 4-1-04, 7-1-08, 7-1-15, 5-1-17.

Fla. Admin. Code R. 68B-24.003 Minimum Size Limits

(1) No person shall harvest or possess any spiny lobster with a carapace measurement of 3 inches or less or, if the tail is separated from the body, a tail measurement less than 5 1/2 inches not including any protruding muscle tissue, except as may be provided in subsection (3) of this rule.

(2) The carapace (head, body, or front section) measurement shall be determined by beginning at the anteriormost edge (front) of the groove between the horns directly above the eyes, then proceeding along the middorsal line (middle of the back) to the rear edge of the top part of the carapace, excluding any translucent membrane. The tail (segmented portion) shall be measured lengthwise along the top middorsal line (middle of the back) of the entire tail until the rearmost extremity is reached; provided, the tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed.

(3) The holder of a valid crawfish license or trap number, lobster trap certificates, and a valid saltwater products license issued by the Fish and Wildlife Conservation Commission may harvest and possess, while on the water, undersized spiny lobster not exceeding 50 per boat and 1 per trap aboard each boat if used exclusively for luring, decoying, or otherwise attracting noncaptive spiny lobster into traps. Such undersized spiny lobster shall be kept alive, while in possession, in a shaded continuously circulating live well with pump capacity to totally replace the water at least every 8 minutes and large enough to provide at least 3/4 gallon of seawater per lobster. All undersized lobster so maintained shall be released to the water alive and unharmed immediately upon leaving the trap lines and prior to 1 hour after official sunset.

(4) Spiny lobster harvested in Florida waters shall remain in a whole condition at all times while on or below the waters of the state and the practice of wringing or separating the tail (segmented portion) from the body (carapace and head) section is prohibited on state waters. Possession of spiny lobster tails that have been wrung or separated, on or below the waters of the state, is prohibited, unless the spiny lobster are being imported pursuant to Rule 68B-24.0045, F.A.C., or were harvested outside the waters of the state and the wringing or separation was pursuant to a federal permit allowing such wringing or separation. In the latter case, the federal permit shall be present and accompany any wrung or separated spiny lobster tails while possessed on or below the waters of the state.

(5) No person shall harvest or attempt to harvest spiny lobster by diving unless he possesses, while in the water, a measuring device capable of being used to perform the carapace measurement described in subsection (2). Each measurement performed by such a person shall occur in the water.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, Formerly 46-24.003, Amended 7-9-02.

Fla. Admin. Code R. 68B-24.0035 Special Recreational Crawfish License

(1) A special recreational crawfish license is required to harvest spiny lobster from state waters in excess of the bag limit established for recreational harvesters in subsection (1) of Rule 68B-24.004, F.A.C., but not in excess of the special bag limit established in subsection (3) of that rule.

(2) A special recreational crawfish license will be issued and renewed pursuant to the following criteria:

(a) Each person applying for a license shall submit a completed form (Form DMF-SL2400 (3-05), incorporated herein by reference) provided by the Commission, together with the fee required by Section 379.355, F.S.

(b) No license will be issued to a person who did not possess a crawfish trap number (crawfish endorsement) and a saltwater products license during the 1993-1994 license year.

(d) A special recreational crawfish license is not valid unless the holder also possesses a valid recreational crawfish permit required by Section 379.354(8)(d), F.S.

(e) Each applicant must agree to file quarterly reports with the Commission detailing the amount of spiny lobster harvested by the licenseholder in the previous quarter together with the amount harvested by other recreational harvesters aboard the licenseholder’s vessel. The Commission will not renew the special recreational crawfish license of any licenseholder who has not complied with this reporting requirement.

(f) Each license issued must be renewed by June 30 of that license year for the following license year. Licenses that are not so renewed shall expire, and may be reissued by the Commission to new applicants otherwise qualified under this rule. A special recreational crawfish license is not transferable.

(g) The number of licenses issued in any license year shall not exceed the number issued for the 1994-1995 license year (520 licenses). Beginning with the 2012-2013 license year and every year thereafter, no special recreational crawfish license will be issued or renewed by the Commission.

(3) No person issued a special recreational crawfish license may also possess a crawfish endorsement.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05.

Fla. Admin. Code R. 68B-24.004 Bag Limit

(1) Except as provided in subsections (2), (3), and (4), the harvest from state waters, or possession while on or below such water, of more than 6 spiny lobster per recreational harvester per day, is prohibited.

(2)(a) Except in Monroe County and in Biscayne National Park, during the first day of the two-day sport season specified in Rule 68B-24.005, F.A.C., no recreational harvester shall harvest more than 12 spiny lobster, or possess more than 12 spiny lobster, whether on or off the waters of the state. During the second day of the two-day sport season, no recreational harvester shall harvest or possess while in or on state waters more than 12 spiny lobster, or possess more than 24 spiny lobster once such harvester has landed and departed the state waters.

(b) In Monroe County and in Biscayne National Park, during the first day of the two-day sport season specified in Rule 68B-24.005, F.A.C., no recreational harvester shall harvest more than 6 spiny lobster, or possess more than 6 spiny lobster, whether on or off the waters of the state. During the second day of the two-day sport season, no recreational harvester shall harvest or possess while in or on the waters of Monroe County or Biscayne National Park more than 6 spiny lobster, or possess more than 12 spiny lobster in said county or in said park once such harvester has landed and departed those waters. Pursuant to Rule 68B-24.0065, F.A.C., John Pennekamp Coral Reef State Park in Monroe County is closed to spiny lobster harvest during the two-day sport season.

(3) Special Recreational Crawfish (Spiny Lobster) Bag Limit – No person who possesses a valid special recreational crawfish license issued by the Fish and Wildlife Conservation Commission pursuant to Rule 68B-24.0035, F.A.C., shall harvest in any one day during the regular season specified in subsection 68B-24.005(1), F.A.C., more spiny lobster than the amounts specified below for the respective fishing seasons; provided, however, when one or more persons possessing a valid special recreational crawfish license are aboard a single vessel in or on state waters, together with any number of regular recreational harvesters, no more than the specified amount of spiny lobster for the applicable fishing season shall be possessed aboard such vessel. The specified bag limit is not applicable during the 2-day sport season established in subsection (2).

(a) 2003-2004 – 50.

(b) 2004-2005 – 45.

(d) 2006-2007 – 35.

(e) 2007-2008 – 30.

(f) 2008-2009 – 25.

(g) 2009-2010 – 20.

(h) 2010-2011 – 15.

(i) 2011-2012 – 10.

(j) Beginning with the 2012-2013 season and for each season thereafter, all recreational harvesters shall be subject to the bag limit specified in subsection (1).

(4) No person shall harvest or possess, while on or below the water, more spiny lobster than the limit established in subsection (1), unless such person:

(a) Is engaged in the lawful importation of spiny lobster pursuant to Rule 68B-24.0045, F.A.C.;

(b) Is a commercial harvester as defined in subsection 68B-24.002(4), F.A.C.;

(c) Until March 31, 2012, possesses a current valid special recreational crawfish license issued by the Fish and Wildlife Conservation Commission pursuant to Section 379.355, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 7-1-92, 6-1-94, 10-4-95, Formerly 46-24.004, Amended 7-9-02, 7-7-03, 3-1-05.

Fla. Admin. Code R. 68B-24.0045 Importation of Spiny Lobster; Documentation and Other Requirements

(1) Documentation Requirements During Open Season – During the open season specified in subsection 68B-24.005(1), F.A.C., a person may possess wrung spiny lobster tails or possess spiny lobster in excess of the bag limit specified in subsection 68B-24.004(1), F.A.C., while on state waters, if such person is also in possession of appropriate receipt(s), bill(s) of sale, or bill(s) of lading to show that the spiny lobster were purchased in a foreign country and are entering the state in international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute violation of this rule.

(2) Sale of Imported Spiny Lobster During the Closed Season, Documentation – Notwithstanding the provisions of Sections 379.367, F.S., spiny lobster tails that have been imported into Florida from a foreign country may be sold during the closed harvesting season of April 1 through August 5 of each year, if such spiny lobster tails are accompanied with the appropriate receipts(s), bill(s) of sale, or bill(s) of lading to show that the spiny lobster were harvested and purchased in a foreign country and are entering the state in international commerce. Such documentation shall accompany the lobster through retail or restaurant sale. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute violation of this rule.

(3) Each spiny lobster imported pursuant to this rule shall comply with the minimum size requirements specified in subsection 68B-24.003(1), F.A.C., and the prohibitions relating to eggbearing spiny lobster specified in subsection 68B-24.007(1), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-90, Amended 10-4-95, Formerly 46-24.0045, Amended 6-2-02.

Fla. Admin. Code 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:

By diving at night (from 1 hour after official sunset until 1 hour before official sunrise).
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.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–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.

Fla. Admin. Code R. 68B-24.0055 Commercial Requirements

(1) Section 379.367, F.S., requires each person using traps to harvest spiny lobster or taking spiny lobster in commercial quantities to purchase and possess a trap number, also known as a crawfish endorsement or crawfish license. A crawfish endorsement is hereby required to harvest spiny lobster for commercial purposes, and shall only be issued to a person, firm, or corporation that possesses a valid saltwater products license with a restricted species endorsement. “Harvest for commercial purposes” means the taking or harvesting of spiny lobster for purposes of sale or with intent to sell or in excess of established bag limits.

(2) A commercial dive permit is required to harvest spiny lobster in commercial quantities by diving. This permit will be in the form of the letter D added to the crawfish number.

(a) Effective January 1, 2005, no new commercial dive permits will be issued and no commercial dive permit will be renewed except those that have remained active since the 2004-2005 fishing season.

(b) A commercial dive permit may be issued only on a vessel saltwater products license.

(c) Each unique commercial dive permit number may only be issued on one of the holder’s vessel saltwater products licenses at any time.

(d) Failure to renew the commercial dive permit by September 30 of each year will result in forfeiture of the endorsement.

(3) Transferability. A commercial dive permit is transferable upon approval of the Commission under the following conditions:

(a) The buyer must hold a saltwater products license with a valid restricted species endorsement.

(b) A person who wishes to transfer a permit number shall submit a notarized Spiny Lobster Commercial Dive Permit Transfer Form within 72 hours of the final notarized signature, that has been signed by both parties to the transaction, hand delivered, or sent by United States Postal Service certified mail, return receipt requested, to the Commission between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. The Spiny Lobster Commercial Dive Permit Transfer Form (Form DMF-SL2410 (02-15), found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05474, incorporated herein by reference), shall include the following information:

The name, address, and SPL number of seller,
The name, address, and SPL number of buyer; and,
The selling price.

(c) A commercial dive permit shall not be transferred or renewed until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full.

(d) Commercial dive permits will not be transferred to or renewed for applicants who own one or more lobster trap certificates. An applicant who is otherwise eligible to receive a commercial dive permit but holds lobster trap certificates may receive a commercial dive permit if the applicant notifies the commission in writing that that he/she is surrendering his/her trap certificates to the Commission. During any period of trap reduction, any certificates surrendered to the Commission shall become permanently unavailable and be considered in that amount to be reduced during the next license-year period.

(e) In the event of the death or permanent disability of a person holding a commercial dive permit, the permit may be transferred by the license holder or the executor of the estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties to the Commission in full.

(4) A commercial bully net permit is required to harvest spiny lobster for commercial purposes with a bully net. This permit will be in the form of the letter N added to the harvester’s crawfish endorsement number. Application for a commercial bully net permit may be made using either Commission Form DMF-SL2420a (02-17) (Saltwater Products License (SPL) Application with CN for Individuals, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08028, and incorporated herein by reference), or Commission Form DMF-SL2420b (02-17) (Saltwater Products License (SPL) Application with CN for Businesses, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08027, and incorporated herein by reference).

(5) Commercial harvest limits:

(a) Persons harvesting lobster commercially by diving in Broward, Dade, Monroe, Collier, and Lee Counties or adjacent federal EEZ waters shall be subject to a daily vessel harvest and possession limit of 250 spiny lobsters per day. For purposes of this paragraph, persons shall be considered to be harvesting lobster by diving if they are harvesting pursuant to a saltwater products license with a restricted species endorsement and crawfish license with a commercial dive permit and are simultaneously in possession of any artificial underwater breathing apparatus or gear.

(b) No more than 250 spiny lobsters shall be possessed aboard or landed from any vessel within these counties regardless of the number of commercial harvesters on board harvesting pursuant to paragraph (a).

(c) Persons harvesting lobster commercially by use of a bully net shall be subject to a daily harvest and possession limit of 250 spiny lobsters per day. No more than 250 spiny lobsters shall be possessed aboard or landed from any vessel which has been used for such commercial harvest, regardless of the number of such commercial harvesters on board the vessel.

History

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const., 379.361 FS. History–New 7-1-01, Amended 7-7-03, 4-1-04, 7-15-04, 3-21-10, 7-1-15, 5-1-17.

Fla. Admin. Code R. 68B-24.006 Gear: Traps, Buoys, Identification Requirements, Prohibited Devices

(1) No commercial harvester shall harvest lobster by any means other than by diving, by the use of a bully net or hoop net, or by the use of traps as specified in this subsection.

(2) No person shall, in state waters, fish with, set, place, or cause to be fished with, set, or placed, any trap except a wood trap or plastic trap meeting the following specifications:

(a) Wood slat traps shall be no larger in dimension than 3 feet, by 2 feet, by 2 feet, or the volume equivalent. Such traps may be reinforced with wire mesh no heavier than 9 gauge, which shall only be affixed to the wood slats constituting the vertical surfaces of such traps. Beginning August 1, 2003, wire-reinforced wooden slat traps shall be constructed with wood slats that are a minimum of 1 1/4 inches wide, with a maximum spacing between slats of 2 1/4 inches.

(b) Plastic traps shall be no larger in dimension than 3 feet, by 2 feet, by 2 feet, or the volume equivalent, and shall have a degradable panel no smaller than 6 inches in length and 4 inches in width located on the top horizontal section of the trap. The panel shall only be considered degradable if it is constructed of cypress or untreated pine slats no thicker than 3/4 inch.

(c) The throats or entrances to all traps used to harvest spiny lobster shall be located on the top horizontal section of the trap, and shall be measured using the inside dimensions of the throat. If the throat is longer in one dimension, the throat size in the longer dimension shall not be smaller than 6 inches and in the shorter dimension shall not be smaller than 3 1/2 inches. If the throat is round or square, the throat size shall not be smaller than 5 1/2 inches in diameter or per side, respectively.

(3) All traps shall have a buoy or a time release buoy attached to each spiny lobster trap or at each end of a weighted trap trotline which shall be a minimum of six inches in diameter and constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, and shall be of sufficient strength and buoyancy to float and of such color, hue, and brilliancy as to be easily distinguished, seen, and located. Landward of the Territorial Sea Line, no more than 15 feet of any buoy line attached to a buoy used to mark spiny lobster trap or trotline shall float on the surface of the water.

(4) Each trap and buoy used to harvest spiny lobster shall have the commercial harvester’s current crawfish license or trap number permanently affixed in legible figures. Each such trap shall also have firmly affixed thereto a current trap tag issued annually by the Commission. Traps with tags that are not firmly affixed by nails, staples, or otherwise securely fastened as may be provided by the Commission, shall be considered untagged for enforcement purposes. On each buoy, the affixed crawfish license or trap number shall be at least 2 inches high. The buoy color and license or trap number shall also be permanently and conspicuously displayed on any vessel used by a commercial harvester for setting traps and buoys, so as to be readily identifiable from the air and water, in the following manner:

(a) From the Air – The buoy design approved by the Commission shall be displayed and be permanently affixed to the uppermost structural portion of the vessel and displayed horizontally with the painted design up. The display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 20 inches in diameter, outlined in a contrasting color, together with the permit numbers permanently affixed beneath the circle in numerals no smaller than 10 inches in height.

(b) From the Water – The buoy design approved by the Commission shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the permit numbers permanently affixed beneath the circle in numerals no smaller than 4 inches in height.

(5) Except as provided herein, no numbers shall be used to identify traps or buoys other than the commercial harvester’s current crawfish license or trap numbers or numbers designating federal permits. Ownership of spiny lobster traps used by any commercial harvester may be transferred to other persons, so long as the following conditions are met:

(a) The person acquiring ownership of such traps shall notify the Division of Law Enforcement within five days of acquiring ownership as to the number of traps purchased, the vendor, and the license or trap number currently displayed on the traps, and shall request issuance of a crawfish license or trap number if the person does not possess same.

(b) Buoys shall be renumbered and recolored at the first pulling of traps.

(c) The new license or trap number shall be permanently attached to the traps prior to their being set at the beginning of the next open season.

(d) The new owner shall retain a valid bill of sale.

(6) Each commercial harvester who harvests spiny lobster by diving shall permanently and conspicuously display on the boat used in such diving a “divers-down flag” symbol on an identification placard, which symbol shall have dimensions no less than 16 inches by 20 inches. The term “divers-down flag” shall have the meaning ascribed in Section 861.065(3), F.S. The commercial harvester’s current crawfish license shall be permanently affixed to the diagonal stripe on the placard in legible figures to provide ready identification from the air and water. In addition to the “divers-down flag” symbol, the commercial diver permit number shall also be permanently and conspicuously displayed on any vessel used by a commercial diver to harvest spiny lobster, so as to be readily identifiable from the air and water, in the following manner:

(a) From the Air – The commercial dive permit number shall be displayed and be permanently affixed to the uppermost structural portion of the vessel in numerals no smaller than 10 inches in height. If the vessel is an open design, in lieu of a separate display, one seat shall be painted with the permit numbers unobstructed and no smaller than 10 inches in height.

(b) From the Water – The commercial dive permit number shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel in numerals no smaller than 4 inches in height.

(7) Each person who harvests spiny lobster for commercial purposes with a bully net shall permanently and conspicuously display on the vessel used in such bully netting the harvester’s commercial bully net permit number in legible figures to provide ready identification. The commercial bully net permit number shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel using opaque retroreflective paint or other opaque retroreflectlve material in numerals no smaller than 4 inches in height.

(8) No person shall operate any vessel that is required to be marked with a bully net permit number pursuant to subsection (7), in Florida Waters with a trap puller aboard.

(9) During any time of the year when it is legal to transport spiny lobster traps, a harvester shall obtain permission from the Division of Law Enforcement to allow another person to transport, deploy, pull, or retrieve his or her traps.

(a) Permission shall be granted upon receipt of a written statement signed by both the commercial harvester seeking to have his or her traps pulled and the person designated to pull the traps.

Such written statement shall contain the following:

a. The reason the harvester needs to have his or her traps pulled,

b. The numbers of the saltwater products license and crawfish endorsement of both, the harvester seeking to have the traps pulled and the person who will be pulling the traps,

c. The buoy colors of the harvester seeking such permission,

d. The name and number of the vessel to be used by the person who will be pulling the traps,

e. The general locations of the pulling activity of the vessel to be engaged in pulling the traps; and,

f. The dates the other person will be transporting, deploying, pulling or retrieving the traps.

Permission to pull traps in this manner shall be obtained daily by telephone from the Division of Law Enforcement for a maximum of 5 days without renewal or extension of the request.

(b) Permission to have traps pulled by another person for a longer period of time, must be based on extraordinary circumstances such as severe personal or family illness or accident or major equipment problem, and shall be obtained through petition to the Division of Law Enforcement on Commission Form DMF-SL5030 (02-13) (Spiny Lobster Trap Pulling Petition) found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02668, herein incorporated by reference, and shall be granted upon such conditions as the division deems appropriate for the protection of the resource.

It shall be the responsibility of the commercial harvester, or a member of the harvester’s immediate family, to petition the division.
The petition shall include:

a. A complete description of the extraordinary circumstances with corroborating documentation,

b. The amount of additional time requested,

c. The number of traps to be pulled; and,

d. A notarized statement from the other person, attesting to his/her willingness and ability to pull these traps during this time period as well as an awareness of all rules governing the spiny lobster fishery.

(c) The person designated to pull the petitioner’s traps is required to establish a float plan with Division of Law Enforcement Dispatch for each day traps will be pulled prior to pulling traps.

(d) If the person designated to pull the petitioner’s traps does not possess a saltwater products license with restricted species and a crawfish endorsement, the petitioner, as the license holder of record must possess a vessel saltwater products license and shall be held accountable for the designee’s compliance with all regulations governing the spiny lobster fishery.

(e) Permission to pull another’s traps shall not be granted to a person holding a commercial dive permit.

(10) No person shall harvest or attempt to harvest spiny lobster using any device which will or could puncture, penetrate, or crush the exoskeleton (shell) or the flesh of the lobster, and the use of such devices as part of, or in conjunction with, any trap is also prohibited.

(11) No person shall harvest or attempt to harvest spiny lobster using or with the aid of bleach or any other chemical solution. The simultaneous possession of spiny lobster and any plastic or other container capable of ejecting liquid, by any person engaged in diving, is prohibited.

(12) No person shall harvest any spiny lobster from artificial habitat. The harvest and possession in the water of spiny lobster in excess of the recreational bag limit is hereby prohibited within 10 yards of artificial habitat.

(13) Except as provided in subsection (9), of this rule, no more than two spiny lobster (trap) endorsement numbers (C-numbers) shall be used on a single vessel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 7-1-92, 6-1-94, 10-4-95, 9-30-96, 6-1-99, Formerly 46-24.006, Amended 7-1-01, 7-9-02, 7-7-03, 4-1-04, 7-1-08, 6-19-13, 5-1-17.

Fla. Admin. Code R. 68B-24.0065 Special Provisions for John Pennekamp Coral Reef State Park in Monroe County: Closure During Two-day Sport Season; Closure of Coral Formation Protection Zones

(1) During the two-day sport season established in subsection 68B-24.005(2), F.A.C., there shall be no harvest of spiny lobster in John Pennekamp Coral Reef State Park. Except for persons transiting park waters in a vessel, no person shall possess any spiny lobster in or on the waters of the park during this period. Possession of spiny lobster during this period aboard any vessel from which a person is diving, within the boundaries of the park, is prohibited.

(2) The Fish and Wildlife Conservation Commission finds that lobster harvest in the coral formation areas of John Pennekamp Coral Reef State Park is inconsistent with maintenance of the valuable marine resources contained in and supported by such formations and with the purposes of the park.

(a) During the regular spiny lobster season established in subsection 68B-24.005(1), F.A.C., no person shall harvest or attempt to harvest any species of the Genera Panulirus or Scyllarides, or deploy any trap, in the following described areas of John Pennekamp Coral Reef State Park, each of which is a polygon bounded by the lines connecting the coordinates as expressed by latitude and longitude:

Name of Area

Plot Corner

North Latitude

West Longitude

Turtle Rocks

25° 18.85'

80° 13.03'

25° 18.24'

80° 12.64'

25° 17.05'

80° 13.51'

25° 16.57'

80° 14.15'

25° 16.94’

80° 14.56’

Basin Hill

25° 12.44'

80° 16.81'

25° 13.29'

80° 16.09'

25° 13.89'

80° 15.54'

25° 14.15'

80° 15.37'

25° 14.7’

80° 16.00'

25° 14.41'

80° 16.2’

25° 13.73'

80° 16.15'

25° 13.49'

80° 17.01'

25° 12.8'

80° 17.51'

Higdon’s Reef

25° 8.66'

80° 18.8'

25° 8.05'

80° 19.28'

25° 7.92'

80° 19.08'

25° 8.55'

80° 18.62'

Cannon Patch

25° 5.95'

80° 20.69'

25° 6.55'

80° 20.14'

25° 6.83'

80° 20.46'

25° 6.75’

80° 20.56'

25° 6.1’

80° 20.9'

Mosquito Bank N.

25° 4.71'

80° 22.28'

25° 4.89'

80° 22.76'

25° 4.07'

80° 23.46’

25° 3.83'

80° 22.95'

Mosquito Bank S.E.

25° 3.39'

80° 22.94'

25° 4.18'

80° 22.06'

25° 4.33'

80° 22.24

25° 3.47'

80° 23.06'

Three Sisters

25° 2.84'

80° 23.72'

25° 2.36'

80° 24.16'

25° 2.09'

80° 23.7'

25° 2.53

80° 23.34’

(b) Within the areas described in paragraph (a), no person shall possess while in or on the water or aboard any vessel, any species of the Genera Panulirus or Scyllarides.

(c) Within John Pennekamp Coral Reef State Park, no person shall harvest any species of the Genera Panulirus or Scyllarides, or deploy any trap, from or within any patch reef. The term “patch reef” means any coral formation, consisting of a roughly circular area of hard corals, soft corals, and a mixture of other benthic invertebrates.

(d) The term “trap” for purposes of this subsection means any trap used to harvest or attempt to harvest spiny lobster as allowed by Rule 68B-24.006, F.A.C., stone crabs as allowed by subsection 68B-13.002(2), F.A.C., or blue crab trap as allowed by subsection 68B-45.004(1), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-1-94, Amended 10-4-95, Formerly 46-24.0065, Amended 7-1-26.

Fla. Admin. Code R. 68B-24.0067 Special Provisions for Biscayne National Park: Closure of Coral Reef Protection Areas

As provided in Rule 68B-7.008, F.A.C., no person shall harvest or attempt to harvest any species of the families Palinuridae (spiny or furry lobsters) or Scyllaridae (slipper lobsters), or deploy any trap, in the Coral Reef Protection Areas of Biscayne National Park.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-20.

Fla. Admin. Code R. 68B-24.007 Other Prohibitions

(1) The harvest or possession of eggbearing spiny lobster, or any other species of lobster belonging to the families Palinuridae (spiny or furry lobsters) or Scyllaridae (slipper lobsters) is prohibited. Eggbearing spiny lobster, or any other species of lobster in the families listed in this subsection, found in traps shall be immediately returned to the water free, alive, and unharmed. The practice of stripping or otherwise molesting eggbearing spiny lobster, or any other species of lobster in the families listed in this subsection, in order to remove the eggs is prohibited and the possession of spiny lobster or spiny lobster tails from which eggs, swimmerettes, or pleopods have been removed or stripped is prohibited.

(2) Spiny lobster traps may be worked during daylight hours only, and the pulling of traps from 1 hour after official sunset until 1 hour before official sunrise is prohibited.

(3) No spiny lobster traps shall be set, placed, or caused to be set or placed at, on, or below the waters of the state within 100 feet of the intracoastal waterway or within 100 feet of any bridge or sea wall.

(4) No person shall harvest spiny lobster by diving at night (from 1 hour after official sunset until 1 hour before official sunrise) in excess of the bag limit prescribed in rule 68B-24.004, F.A.C.

(5) A bully net and any underwater breathing apparatus, as defined in rule 68B-4.002, F.A.C., may not be simultaneously possessed on Florida Waters aboard a vessel used in the harvest of spiny lobster for commercial purposes or aboard a vessel transporting spiny lobster for commercial purposes while on Florida Waters. For the purposes of this subsection, a snorkel shall not be considered an underwater breathing apparatus.

(6) The directed harvest of spiny lobster by the use of any net or trawl, other than a landing or dip net, bully net with a diameter no larger than 3 feet, or hoop net with a diameter no larger than 10 feet, is prohibited. Spiny lobster harvested by the use of any net or trawl as an incidental bycatch of other target species lawfully harvested shall not be deemed to be unlawfully harvested in violation of this subsection if the combined whole weight of all spiny lobster so harvested does not exceed 5% of the total whole weight of all species lawfully in possession of the harvester at any time. For purposes of this subsection, the term “net or trawl” shall not include any hand-held net.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 10-4-95, Formerly 46-24.007, Amended 7-1-08, 5-1-17.

Fla. Admin. Code R. 68B-24.008 Slipper Lobster; Prohibitions Relating to Eggbearing Slipper Lobster

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, Formerly 46-24.008, Repealed 7-1-08.

Fla. Admin. Code R. 68B-24.009 Trap Reduction Schedule

Upon the sale or transfer of lobster trap certificates outside the immediate family of the certificate holder, the number of certificates received by the purchaser shall be reduced by 10 percent. Once the number of lobster trap certificates is reduced through this mechanism to 400,000, there shall be no further reduction in the number of lobster trap certificates issued each year except those forfeited pursuant to section 379.3671(2)(c)3. or 379.3671(2)(c)7., F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Amended 6-1-94, 6-3-96, 3-5-97, Formerly 46-24.009, Amended 6-29-00, 7-1-01, 4-1-04, 1-9-07, 7-1-08, 7-1-09.

Chapter 68B-25 TAMPA BAY

Fla. Admin. Code R. 68B-25.001 Tampa Bay Park; Purpose; Closure of Certain Waters to Net Gear

(1) The purpose of this rule is to minimize user group conflicts within the boundaries of Tampa Bay Park in Hillsborough County, while maintaining reasonable access by all user groups to the marine resources in the waters of that park.

(2) The following waters of Old Tampa Bay in Hillsborough County are closed to the harvest of all fishes by net, excluding the use of common hand cast nets:

The waters of all creeks, canals, bayous, tributaries, bays, and inlets and all waters within 100 yards of the mouths of such bodies of water, between the southeast side of the mouth of Rocky Creek to the northwest side of the mouth of Double Branch Creek.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-9-87, Formerly 46-25.001.

Fla. Admin. Code R. 68B-25.002 E. G. Simmons Park; Closure of Park Waters to Net Gear

(1) The waters of E.G. Simmons Park in Hillsborough County are closed to the harvest of all fishes by net, excluding the use of common hand cast nets or hand-held landing or dip nets. The possession of any net, other than a common hand cast net or hand-held landing or dip net, within the park is prohibited.

(2) “E.G. Simmons Park” or “park,” as used in this rule, means all land and water lying within the boundaries of E.G. Simmons Park in Hillsborough County as marked by the Hillsborough County Parks and Recreation Department.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-88, Formerly 46-25.002.

Fla. Admin. Code R. 68B-25.003 Old Tampa Bay: Repeal of Local Laws; Prohibition of Certain Gear

(1) Chapter 15379, Laws of Florida (1931), as amended by Chapter 18740, Laws of Florida (1937), a rule of the Department of Natural Resources pursuant to paragraph (5)(a) of section 2 of Chapter 83-134, Laws of Florida, is hereby repealed. The Marine Fisheries Commission has determined that repeal of this law affecting Pinellas and Hillsborough Counties, in conjunction with adoption of the substantive portions of this rule will not adversely affect the marine resources of the two counties or of the State of Florida.

(2) No person shall harvest any fish in and on the waters of Old Tampa Bay north of the Gandy Bridge, including any creek or bayou emptying into such waters, except with the following gear:

(a) Hook and line gear.

(b) Landing or dip net.

(d) A crab trap specifically allowed by Rule 68B-13.002, F.A.C., or Section 379.366, F.S.

(e) A shrimp trap specifically allowed by Rule 68B-31.006, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134 Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134 Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-90, Formerly 46-25.003, Amended 3-1-05, 2-1-17, 8-14-24.

Chapter 68B-26 SOUTHWEST FLORIDA SHELLS

Fla. Admin. Code R. 68B-26.002 Definitions

“Live shellfish” means any living mollusk (Phylum Mollusca) or echinoderm (Phylum Echinodermata). Live shellfish does not include oysters (Crassostrea virginica), hard clams (Mercenaria spp.), sunray venus clams (Macrocallista nimbosa), bay scallops (Argopecten irradians), or coquinas (Genus Donax).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-15-87, Amended 9-1-93, 1-1-95, Formerly 46-26.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-26.003 Live Shellfish, Regulation

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-15-87, Amended 9-1-93, 1-1-95, 4-1-96, Formerly 46-26.003, Amended 8-3-00, 2-28-02, Repealed 9-1-13.

Fla. Admin. Code R. 68B-26.004 Prohibited Harvest of Live Shellfish in Lee County; Restrictions on Harvest of Live Shellfish in Manatee County; Permitted Harvest of Shells

(1) Lee County –A person may not harvest a live shellfish in Lee County or possess a live shellfish in or on the Florida Waters within Lee County that are seaward of the mean high water line.

(2) Manatee County – A person may not harvest in Manatee County more than 2 live shellfish of any single species, per day or possess in or on the Florida Waters within Manatee County that are seaward of the mean high water line more than 2 live shellfish of any single species.

(3) In Lee County and Manatee County, a person may harvest a shell if the shell does not contain a live shellfish at the time of harvest and a live shellfish is not killed, mutilated, or removed from the shell prior to the harvest of the shell.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-27 OYSTERS

Fla. Admin. Code R. 68B-27.001 Additional Applicable Regulations

Additional regulations applicable to the harvest, sale, and delivery of oysters established by the Department pursuant to s. 597.020, F.S., may be found in The Comprehensive Shellfish Control Code, Chapter 5L-1, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.002 Definitions

As used in this chapter:

(1) “Apalachicola Bay” means all Florida Waters within St. George Sound, East Bay in Franklin County, Apalachicola Bay, and St. Vincent Sound in Franklin County, and all Florida Waters within Indian Lagoon in Gulf County, including canals, channels, rivers, and creeks.

(2) “Bag” means an amount of culled oysters less than or equal to the volume of two five-gallon buckets or one ten-gallon bucket, or sixty pounds, whichever is less.

(3) “Closed area” means any area in which the taking or harvesting of oysters is prohibited pursuant to any applicable rule, order, or other action of the Florida Fish and Wildlife Conservation Commission.

(4) “Cull” or “culling” means to sort oysters immediately after they are taken out of the water, returning oysters which are not of legal size, and cleaning mud, bedding shell, rock, and other debris off of the retained oysters that are legal size.

(5) “Cultch” means oyster shell, rock, or other material suitable to support the settlement and growth of oyster larvae.

(6) “Cultching” or “cultched” means the placement of cultch material onto established oyster reefs to maintain the reef structure and provide areas suitable for oysters to settle and grow.

(7) “Department” means the Florida Department of Agriculture and Consumer Services.

(8) “Dredge” or “mechanical harvesting device” means a dredge, scrape, rake, drag, or other device that is towed by a vessel or self-propelled and that is used to harvest shellfish.

(9) “Harvest” means the taking of oysters by any means whatsoever, followed by a reduction of such oysters to possession. Oysters that are taken but immediately returned to the water are not harvested. The temporary possession of oysters for the purpose of culling shall not constitute harvesting such oysters, provided that, after culling, they are immediately returned to the water.

(10) “Harvest for commercial purposes” means to harvest oysters with the intent to sell. Sale of oysters in any amount shall automatically result in such oysters being characterized as commercially harvested.

(11) “Intertidal public reef” means a public reef located along the shoreline between the high-water mark and the low-water mark, and which may be exposed to air during low tide.

(12) “Oyster” means any wild mollusk of the species Crassostrea virginica.

(13) “Public reef” means an oyster reef in Florida Waters that is not located on submerged lands leased for shellfish culture by the State of Florida.

(14) “Subtidal public reef” means a public reef that remains submerged during low tide.

(15) “Tongs” means a hand-operated instrument used for gathering oysters consisting of a pair of long-handled rakes with inward-facing teeth. The term tongs does not include any device used for gathering oysters through any electrical, pneumatic, or hydraulic means.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.003 Size Limit; Size Limit Tolerances

(1) Except as provided in subsection (3), a person may not harvest or land from Florida Waters or possess any oyster less than 3 inches in greatest dimension. Oysters that are 3 inches or more in greatest dimension shall be legal size.

(2)(a) A person harvesting oysters from Florida Waters must cull such oysters, unless otherwise provided in this chapter.

(b) A person must cull oysters immediately after such oysters are removed from the water. Culling must take place directly over the public reef from which the oysters were harvested.

(d) A person may not harvest or possess unculled oysters. For purposes of this rule, “unculled oysters” means any bag of oysters containing more undersized oysters than the allowable size limit tolerances established in subsection (3) or any bag containing oysters that have not been cleaned of cultch, other debris, or bedding shell and rock greater than 1 inch in any dimension.

(3) Size Limit Tolerances.

(a) Except as provided in paragraph (3)(b) for oysters harvested from waters of Apalachicola Bay, a person may possess undersized oysters under the following conditions:

Tolerance for Attached Oysters. If an undersized oyster is attached to a legal-sized oyster in a manner such that separating them would destroy either oyster, a person may harvest and land from Florida Waters and possess such undersized attached oysters provided that such oysters number no more than 15% of the oysters in any bag. The legal-sized oysters to which the undersized oysters are attached shall be counted separately from the attached oysters.
Tolerance for Individual, Unattached Oysters. A person may harvest and land from Florida Waters and possess undersized, unattached oysters, provided that such oysters number no more than 5% of the oysters in any bag.

(b) For oysters harvested from waters of Apalachicola Bay, a person may possess undersized oysters under the following conditions:

Tolerance for Attached Oysters. If an undersized oyster is attached to a legal-sized oyster in a manner such that separating them would destroy either oyster, a person may harvest and land from Florida Waters and possess no more than 33 such undersized attached oysters in any bag. The legal-sized oysters to which the undersized oysters are attached shall be counted separately from the attached oysters.
Tolerance for Individual, Unattached Oysters. A person may harvest and land from Florida Waters and possess no more than 11 undersized, unattached oysters in any bag.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-24-25.

Fla. Admin. Code R. 68B-27.004 Bag and Vessel Limits; Harvest and Possession Limits

(1) Commercial Limits –

(a) Except as provided in paragraph (b) for waters of Apalachicola Bay, a commercial harvester may not harvest or land from Florida Waters or possess more than 20 bags of oysters per person or per vessel, whichever is less, per day.

(b) A commercial harvester with a valid Apalachicola Bay (AB) Endorsement issued pursuant to paragraph 68B-27.009(1)(b), F.A.C., may not harvest or land from Apalachicola Bay or possess more bags of oysters than the number of oyster bag tags assigned to such commercial harvester pursuant to subparagraph 68B-27.009(1)(b)10., F.A.C., for the applicable license year.

(2) Recreational Limits –

(a) A recreational harvester may not harvest or land from Florida Waters other than Apalachicola Bay or possess more than 2 bags of oysters per person or per vessel, whichever is less, per day.

(b)1. Except as provided in subparagraph 2., a recreational harvester may not harvest, land, or possess an oyster from Apalachicola Bay.

A recreational harvester with a valid Apalachicola Bay Recreational Opportunity (ABRO) permit issued pursuant to subsection 68B-27.009(2), F.A.C., may not harvest or land from Apalachicola Bay more than 1 bag of oysters per open harvest season. A recreational harvester with a valid ABRO permit may not possess more than 1 bag of oysters from Apalachicola Bay.

(3) Within any one day, a person harvesting oysters in or on Florida Waters may operate only as a recreational harvester or as a commercial harvester.

(4) Connecting two or more vessels in any way shall not allow a person to exceed established bag or vessel limits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.0041 Apalachicola Bay Annual Harvest Levels; Derivation and Distribution of Apalachicola Bay Annual Harvest Levels

(1) Each year, the annual harvest level for each public reef in Apalachicola Bay meeting the criteria to open such public reef to harvest in paragraph 68B-27.008(3)(a), F.A.C., shall be calculated as 10% of the estimated abundance of legal-sized oysters on each such public reef. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.

(2) Distribution of total annual harvest levels.

(a) Subtidal public reefs:

If the total annual harvest level for all subtidal public reefs meeting the criteria in paragraph 68B-27.008(3)(a), F.A.C., is greater than or equal to 2,000 bags of legal-sized oysters:

a. 95% of the total annual harvest level for each open subtidal public reef shall be distributed to commercial harvesters with valid commercial Apalachicola Bay endorsements pursuant to subparagraph (2)(c)1., and

b. 5% of the total annual harvest level for each open subtidal public reef shall be distributed to recreational harvesters with valid Apalachicola Bay Recreational Opportunity permits pursuant to subparagraph (2)(c)2.

If the total annual harvest level for all subtidal public reefs meeting the criteria in paragraph 68B-27.008(3)(a), F.A.C., is less than 2,000 bags of legal-sized oysters:

a. 100% of the total annual harvest level for each open subtidal public reef shall be distributed to commercial harvesters with valid commercial Apalachicola Bay endorsements pursuant to subparagraph (2)(c)1.

b. 0% of the total annual harvest level for each open subtidal public reef shall be distributed to recreational harvesters.

(b) Intertidal public reefs: 100% of the total annual harvest level for an intertidal public reef that meets the criteria in paragraph 68B-27.008(3)(a), F.A.C., shall be distributed to recreational harvesters with valid Apalachicola Bay Recreational Opportunity permits pursuant to subparagraph (2)(c)2.

Commercial annual harvest levels derived pursuant to sub-subparagraphs (2)(a)1.a. or (2)(a)2.a. shall be calculated as bags of oysters and shall be distributed evenly between all commercial harvesters licensed pursuant to paragraph 68B-27.009(1)(b), F.A.C., for each harvest season. Only whole bags will be distributed. After the even distribution of each individual reef’s bags, the remaining bags for all open reefs shall be distributed evenly among all commercial harvesters licensed pursuant to paragraph 68B-27.009(1)(b), F.A.C. If the distribution of the commercial annual harvest level for a public reef cannot be evenly distributed to commercial harvesters, then the remaining bags will not be distributed.
Recreational annual harvest levels derived pursuant to sub-subparagraphs (2)(a)1.b., (2)(a)2.b., or paragraph (2)(b) shall be calculated as bags of oysters. One bag will be distributed to each recreational harvester licensed pursuant to subsection 68B-27.009(2), F.A.C., for each harvest season. Only whole bags will be distributed.

(3) Pursuant to Section 120.81(5), F.S., the Commission shall give notice of public reef-specific annual harvest levels and the quantity of public reef-specific bags to be distributed to commercial and recreational harvesters pursuant to this rule electronically at www.myfwc.com/saltwater/oysters. Such notice shall be made prior to October 1 each year.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.005 Seasons; Open and Closed Periods

(1) Except as otherwise provided in this rule, a person may not harvest or land an oyster from Florida Waters or possess an oyster beginning July 1 and continuing through September 30 of each year.

(2) In Apalachicola Bay:

(a) Through December 31, 2025, a person may not harvest or land an oyster from Apalachicola Bay or possess an oyster from Apalachicola Bay.

(b) Beginning January 1, 2026:

A person may only harvest or land an oyster from Apalachicola Bay or possess an oyster from Apalachicola Bay beginning January 1, 2026, and continuing through February 28, 2026, provided that at least one public reef is open to the harvest of oysters pursuant to subsection 68B-27.008(3), F.A.C.
A person may not harvest or land an oyster from Apalachicola Bay or possess an oyster from Apalachicola Bay beginning March 1, 2026, and continuing through September 30, 2026.

A person may only harvest or land an oyster from Apalachicola Bay or possess an oyster from Apalachicola Bay beginning October 1 and continuing through the last day of February of the following year, provided that at least one public reef is open to the harvest of oysters pursuant to subsection 68B-27.008(3), F.A.C.
A person may not harvest or land an oyster from Apalachicola Bay or possess an oyster from Apalachicola Bay beginning March 1 and continuing through September 30 each year.

(d) Apalachicola Bay Harvest Days.

During the open harvest season, a commercial harvester licensed pursuant to paragraph 68B-27.009(1)(b), F.A.C., may only harvest, land, or possess an oyster from Apalachicola Bay on Monday, Tuesday, Wednesday, Thursday, and Friday of each week. A commercial harvester may not harvest, land, or possess an oyster from Apalachicola Bay on Saturday or Sunday each week.
During the open harvest season, a recreational harvester licensed pursuant to paragraph 68B-27.009(2), F.A.C., may only harvest, land, or possess an oyster from Apalachicola Bay on Saturday and Sunday each week. A recreational harvester may not harvest, land, or possess an oyster from Apalachicola Bay on Monday, Tuesday, Wednesday, Thursday, or Friday of each week.

(3) In Wakulla, Dixie, and Levy counties, a person may not harvest, land, or possess an oyster from Florida Waters of Wakulla, Dixie, or Levy counties beginning June 1 and continuing through August 31 each year.

(4) A person may not harvest an oyster from Florida Waters between official sunset and official sunrise, as established by the U.S. National Weather Service, except as provided in Rule 68B-27.011, F.A.C., in areas where monitoring stations have been established.

(5) A commercial harvester may not harvest or land an oyster after the required delivery time established in Rule 5L-1.008, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.006 Allowable Gear; Prohibited Gear; Harvest Methods

(1) A person may harvest or attempt to harvest an oyster only by or with the use of the following gear or methods:

(a) By hand, while diving, swimming, leaning from vessels, or wading, and except as provided in paragraph (1)(b) by tongs.

(b) Tongs.

Through December 31, 2025, a person may not possess tongs in or on Apalachicola Bay.
During the open harvest season established pursuant to subsection 68B-27.005(2), F.A.C., a person may only possess tongs in or on Apalachicola Bay:

a. If such person has a valid AB endorsement issued pursuant to paragraph 68B-27.009(1)(b), F.A.C, or has a valid ABRO permit issued pursuant to subsection 68B-27.009(2), F.A.C.;

b. During the harvester’s applicable Apalachicola Bay harvest days as established in paragraph 68B-27.005(2)(c), F.A.C., and,

c. If such person has an unused quantity of assigned oyster bag tags remaining for the applicable open season.

A person may not possess tongs in or on Apalachicola Bay during the closed season.
A person authorized to possess tongs in or on Apalachicola Bay pursuant to subparagraph (1)(b)2., may stow tongs in vessels between sundown and sunrise.
The provisions of this paragraph do not apply to the authorized harvest of oysters from submerged lands within Apalachicola Bay which have been leased for shellfish culture by the State of Florida.

(2) A person may not harvest or attempt to harvest an oyster with gear or methods not expressly permitted in subsection (1). Oysters harvested by or with any unauthorized gear or method must be returned to the water as soon and as reasonably close to a public reef as possible.

(3) The possession of any dredge or mechanical harvesting device other than tongs in or on Florida Waters above any public reef is prohibited.

(4) Except as provided in sub-subparagraph (1)(b)2.c., tongs may be stowed in vessels between sundown and sunrise.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.007 Sale and Purchase Requirements

(1) If one or more licenses are required to harvest oysters within a specific region or area pursuant to Rule 68B-27.009, F.A.C., such license(s) is also required for the commercial harvester to sell or offer for sale such oysters.

(2) A wholesale dealer, as defined in Section 379.362(1)(a), F.S., may not purchase oysters from a harvester required to be licensed pursuant to Rule 68B-27.009, F.A.C., unless such harvester presents all required licenses prior to the sale.

(3) A person may not possess, transport, purchase, or sell an oyster harvested in violation of any of the requirements of this Chapter, Chapter 5L-1, F.A.C., or Chapters 379 or 597, F.S.

(4) A recreational harvester may not sell or attempt to sell an oyster.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.008 Open and Closed Areas

(1) Except as provided in subsection (4), a person may only harvest an oyster from shellfish harvesting areas open to the harvest of oysters as designated by the Department pursuant to subsection 5L-1.003(1), F.A.C.

(2)(a) A person may not harvest or land an oyster from any area not open to the harvest of oysters as designated by the Department pursuant to Rule 5L-1.003, F.A.C., or as designated pursuant to subsection (3).

(b) Except as provided in paragraph (2)(c), a person may not possess an oyster in or on Florida Waters that are not open to the harvest of oysters as designated by the Department pursuant to Rule 5L-1.003, F.A.C., or as designated pursuant to subsection (3).

(c) Paragraph (2)(b) shall not apply to harvesters operating vessels containing oysters tagged in accordance with subparagraph 68B-27.009(1)(b)10., F.A.C., or paragraph 68B-27.009(2)(c), F.A.C., only if the vessel is proceeding in a continuous and direct route through a closed area to an approved landing location.

(3) Procedure for determining open and closed areas in Apalachicola Bay. Each year, the Commission shall determine if public reefs in Apalachicola Bay may be made available to harvest based on the following criteria:

(a) If the Commission determines that a public reef in Apalachicola Bay contains 400 or more bags of legal-sized oysters per acre, such public reef may be opened to harvest during the following open harvest season. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.

(b) If the Commission determines that a public reef in Apalachicola Bay contains fewer than 400 bags of legal-sized oysters per acre, such public reef shall be closed to harvest during the following open harvest season. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.

(c) A public reef that has been cultched shall be closed to harvest for 12 months following such cultching activity. After 12 months, the Commission may only open the cultched public reef during a harvest season if the Commission determines such reef contains 400 or more bags of legal-sized oysters per acre.

(d) Pursuant to Section 120.81(5), F.S., the Commission shall give notice of such open and closed public reefs in Apalachicola Bay electronically at www.myfwc.com/saltwater/oysters. Such notice shall be made prior to October 1 each year.

(4) West Bay, Bay County –

(a) A person may not harvest or possess an oyster in or on the waters of the West Bay Estuarine Habitat Restoration Project Zone.

(b) For purposes of this rule, the “West Bay Estuarine Habitat Restoration Project Zone” is defined as the area within the following boundary: Commencing at 30°15.878'N, 85°51.097'W; thence in an easterly direction to 30°15.898'N, 85°50.784'W; thence in a southerly direction to 30°15.354'N, 85°50.791'W; thence south-southeast to 30°14.914'N, 85°50.678'W; thence in a southerly direction to 30°14.531'N, 85°50.655'W; thence southwest to the 30°14.218'N, 85°50.873'W; thence in a westerly direction to 30°14.189'N, 85°51.082'W; thence in a northerly direction along a line following the shoreline to the northwestern-most corner of the West Bay Estuarine Habitat Restoration Project Zone, the point of beginning.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.009 License Requirements

(1) Commercial License Requirements –

(a) Shellfish Endorsement.

A commercial harvester may not harvest or attempt to harvest from Florida Waters, possess, land, or sell or attempt to sell oysters unless such person possesses a valid Saltwater Products License and a valid Shellfish Endorsement.
A Shellfish Endorsement shall be issued only to a person with a valid saltwater products license who provides documentation that they have successfully completed a Department-developed or Department-approved training course in shellfish harvest and post-harvest practices as provided in sub-subparagraph (1)(a)2.a., and that is valid for the applicable license year sought.

a. The Commission shall provide a Department-approved Shellfish Harvester Training Course each year, available at https://learningmyfwc.remote-learner.net. Such course shall only be valid for the license year beginning July 1 through June 30 of the following year.

b. The Commission shall issue proof of completion to a person who has successfully completed the Shellfish Harvester Training Course.

A person harvesting aquacultured oysters from submerged lands that have been leased for shellfish culture by the State of Florida pursuant to a valid aquaculture certificate of registration issued by the Department is exempt from the requirement to possess a Shellfish Endorsement.

(b) Commercial Apalachicola Bay Endorsement –

Notwithstanding anything to the contrary in subsection 379.361(5), F.S., a commercial harvester may not harvest or attempt to harvest, possess, sell or attempt to sell an oyster from Apalachicola Bay unless:

a. Such commercial harvester has a valid commercial Apalachicola Bay (AB) Endorsement issued pursuant to paragraph (1)(b), a valid Shellfish Endorsement, and a valid Saltwater Products License;

b. Such commercial harvester has been assigned and issued commercial oyster bag tags pursuant to subparagraph (1)(b)10., and one such oyster bag tag is securely affixed to each bag of oysters; and,

c. Such harvest, sale, or possession of oysters is consistent with all other applicable provisions of this Chapter and Chapter 5L-1, F.A.C.

Issuance of AB Endorsements for the initial January 1, 2026, through February 28, 2026, harvest season must be applied for through the Commission’s online licensing system prior to 11:59 p.m. on December 16, 2025.

a. An applicant may only submit one application for an AB Endorsement during the application period.

b. Applicants for an AB Endorsement shall:

(I) Be a Florida resident, as defined in Section 379.101(30)(a), F.S.;

(II) Possess a valid individual or crew Saltwater Products License with a valid Shellfish Endorsement;

(III) Have documented landings of wild oysters harvested from Apalachicola Bay in any year from 2012 through 2020; and,

(IV) Not have a valid Apalachicola Bay Recreational Opportunity Permit.

The Commission may not issue more AB Endorsements for any single license year than are issued pursuant to subparagraph (1)(b)2.. A commercial harvester shall not be issued more than one AB Endorsement for any single license year.
An AB Endorsement must be renewed by June 30 each year. Renewal is subject to the following requirements:

a. Requalification. A commercial harvester renewing an AB Endorsement shall:

(I) Have documented landings of wild oysters harvested from Apalachicola Bay during the previous license year; and,

(II) Have timely submitted all harvest reporting requirements for any AB Endorsement issued to the applicant prior to the current application year.

b. Failure to renew an AB Endorsement by June 30 each year will result in forfeiture of the endorsement. Such forfeited endorsements shall be made available to commercial harvesters selected by random-draw lottery for the license year following the non-renewed license period pursuant to subparagraph (1)(b)5.

Beginning with the 2027/2028 license year, any AB Endorsements not renewed and forfeited pursuant to sub-subparagraph (1)(b)4.b. shall be made available to commercial harvesters via random-draw lottery for the license year following the non-renewed license period. Commercial harvesters may apply for such AB Endorsements through the Commission’s online licensing system beginning May 1 and continuing through May 31 each year.

a. An applicant may only submit one application for an AB Endorsement during any single application period.

b. Applicants for an AB Endorsement shall:

(I) Be a Florida resident, as defined in Section 379.101(30)(a), F.S.;

(II) Possess a valid individual or crew Saltwater Products License with a valid Shellfish Endorsement;

(III) Not have previously been issued an AB Endorsement for the current application year;

(IV) Have timely submitted all harvest reporting requirements for any AB Endorsement issued to the applicant prior to the current application year; and,

(V) Not have a valid Apalachicola Bay Recreational Opportunity Permit for the current application year.

c. An AB Endorsement issued pursuant to subparagraph (1)(b)5. must be renewed annually pursuant to subparagraph (1)(b)4.

An AB Endorsement is not transferable. A person may not sell, purchase, transfer, lease, or exchange an AB Endorsement.
An AB Endorsement may not be issued on a vessel Saltwater Products License.
An AB Endorsement does not authorize the harvest or landing of oysters in or from Florida Waters outside of Apalachicola Bay or the sale of oysters harvested from Florida Waters outside of Apalachicola Bay.
Vessel Marking Requirements. A commercial harvester who harvests or attempts to harvest oysters from Apalachicola Bay shall permanently and prominently display on the vessel used in such harvest the harvester’s AB Endorsement number in legible figures such that it is readily identifiable from the water. The AB Endorsement number shall be displayed and permanently affixed vertically to both the starboard and port sides of the vessel in numerals no smaller than 10 inches in height.
Commercial oyster bag tags.

a. Annually, each commercial harvester issued an AB Endorsement shall be assigned a quantity of Commission-issued oyster bag tags for the bags derived and distributed to each commercial harvester pursuant to subparagraph 68B-27.0041(2)(c)1., F.A.C. Each commercial oyster bag tag shall be valid only for the public reef and license year indicated thereon.

b. Immediately after culling and retaining an oyster, a commercial harvester who has been issued an AB Endorsement must securely affix a Commission-issued oyster bag tag to each container holding no more than 1 bag of oysters. The harvester may not leave the public reef from which the oyster was harvested unless the bag tag has been affixed to the container holding the oysters. A commercial harvester may only affix an oyster bag tag to a container holding oysters harvested from the public reef indicated on such oyster bag tag.

c. An oyster bag tag is only valid for the harvest, possession, and landing of one bag of oysters from the public reef indicated thereon. An oyster bag tag cannot be used more than once.

d. An oyster bag tag is not transferable. A person may not sell, purchase, transfer, lease, or exchange an oyster bag tag.

e. Once affixed, an oyster bag tag may only be removed from a container holding oysters by a wholesale dealer after the wholesale dealer has purchased the oysters from the harvester. The wholesale dealer shall retain such oyster bag tags on file through the end of the season or for 90 days, whichever is longer.

Reporting requirements. A commercial harvester who harvests oysters in Apalachicola Bay must report such harvest, harvest data, and the following information to the Commission’s oyster reporting system within the time periods described:

a. The harvester must hail-out to indicate the trip start time and location of departure at the beginning of each trip and before getting underway.

b. The harvester must report the harvest location for each bag tag used before leaving the public reef where such oysters were harvested. The location for each tag used must be reported individually.

c. The harvester must hail-in to indicate the trip end time and landing location for each trip before departing the location where the oysters were landed.

d. At the point of sale, the harvester must identify the wholesale dealer to whom the oysters were sold.

Landing requirements – A commercial harvester may only land oysters harvested from Apalachicola Bay at an approved landing location. The Commission shall give notice of approved landing locations electronically at www.myfwc.com/saltwater/oysters.

(2) Apalachicola Bay Recreational Opportunity Permits –

(a) A recreational harvester may not harvest, land, or possess an oyster from Apalachicola Bay unless:

Such recreational harvester has a valid recreational saltwater fishing license, unless exempt from such requirement pursuant to s. 379.354(2), F.S., and a valid Apalachicola Bay Recreational Opportunity (ABRO) permit issued pursuant to paragraph (2)(b);
Such recreational harvester has been assigned and issued a recreational oyster bag tag pursuant to paragraph (2)(c), and such oyster bag tag is securely affixed to a bag of oysters; and,
Such harvest or possession of oysters is consistent with other applicable provisions of Chapter 68B-27, F.A.C.

(b)1. Apalachicola Bay Recreational Opportunity (ABRO) permits for the initial January 1, 2026, through February 28, 2026, harvest period must be applied for through the Commission’s online licensing system prior to 11:59 p.m. on December 16, 2025.

Beginning July 1, 2026, Apalachicola Bay Recreational Opportunity (ABRO) permits may be applied for through the Commission’s online licensing system beginning July 15 and continuing through July 31 each year.
An applicant may only submit one application for an ABRO permit during any single application period; however, an applicant may rank their preference of public reefs open to recreational harvest.
Upon application, an applicant must pay a $5 non-refundable application fee. No person is exempt from paying the special use permit application fee.
Applicants for an ABRO permit shall:

a. Be a Florida resident, as defined in Section 379.101(30)(b), F.S.;

b. Not have previously been issued a commercial Apalachicola Bay endorsement for the current application year; and,

c. Have timely submitted required harvest reporting for any ABRO permits issued to the applicant prior to the current application year.

A person shall not be issued more than one ABRO permit for any single harvest period. An ABRO permit shall only be valid for the public reef and the harvest period indicated thereon. For the purpose of this subsection, “harvest period” means the open harvest season established in subsection 68B-27.005(2), F.A.C.
One oyster bag tag will be issued with each ABRO permit.
The Commission may not issue more ABRO permits for any single harvest period than the total quantity of bags of oysters derived and distributed to recreational harvesters pursuant to subparagraph 68B-27.0041(2)(c)2., F.A.C. If there are fewer applicants for an ABRO permit than the total quantity of bags of oysters derived and distributed to recreational harvesters pursuant to subparagraph 68B-27.0041(2)(c)2., F.A.C., the Commission may reopen the recreational ABRO permit application period in subparagraph (2)(b)1. or (2)(b)2. via notice on the Commission’s website.
An ABRO permit is not transferable. A person may not sell, purchase, transfer, lease, or exchange an ABRO permit.

A recreational harvester issued an ABRO permit shall be assigned one Commission-issued oyster bag tag. An oyster bag tag shall be valid only for the public reef and harvest period indicated thereon.
Immediately after culling and retaining an oyster, a recreational harvester who has been issued an ABRO permit must securely affix a Commission-issued oyster bag tag to the container holding the oyster(s), which shall not have a capacity that exceeds 1 bag. The harvester may not leave the public reef from which the oyster was harvested unless the bag tag has been affixed to the container holding the oysters. A recreational harvester may only affix an oyster bag tag to a container holding oysters harvested from the public reef indicated on such oyster bag tag.
An oyster bag tag is only valid for the harvest, possession, and landing of 1 bag of oysters from the public reef indicated thereon. A person may not use an oyster bag tag more than once.
Oyster bag tags are not transferable. A person may not sell, purchase, transfer, lease, or exchange an oyster bag tag.

(d) Reporting requirements.

A recreational harvester who harvests oysters under an ABRO permit issued pursuant to this subsection must report such harvest, harvest data, and the following information to the Commission’s oyster reporting system within the time periods described:

a. The harvester must hail-out to indicate the trip start time and location of departure at the beginning of each trip and before getting underway.

b. The harvester must report the harvest location before leaving the public reef where such oysters were harvested.

c. The harvester must hail-in to indicate the trip end time and landing location for each trip before departing the location where the oysters were landed.

Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(e) Landing requirements – A recreational harvester may only land oysters harvested from Apalachicola Bay at an approved landing location. The Commission shall give notice of approved landing locations electronically at www.myfwc.com/saltwater/oysters.

(f) No person is exempt from the permitting or tagging requirements of this subsection.

(g) An ABRO permit does not authorize a recreational harvester to sell or attempt to sell an oyster.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.011 Commercial Oyster Harvest Monitoring

(1) A commercial harvester harvesting oysters from areas where monitoring stations are in operation must:

(a) Before leaving the waters of these areas, pass through a monitoring station;

(b) Before arriving at a monitoring station, place all oysters on board their vessel in bags;

(d) Declare all oysters on board for inspection.

(2) In water bodies where monitoring stations have been established, a commercial harvester may not harvest or possess oysters in or from Florida Waters from the posted daily closing time of the monitoring station until official sunrise the following day, as established by the U.S. National Weather Service.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-9-25.

Fla. Admin. Code R. 68B-27.013 Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, 11-27-96, Formerly 46-27.013, Amended 1-26-21, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.014 Statewide Bag Limits on Oyster Harvesting

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, 7-15-96, Formerly 46-27.014, Amended 6-1-99, 1-26-21, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.015 Oyster Size Limit

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.015, Amended 10-7-01, Repealed 12-24-25.

Fla. Admin. Code R. 68B-27.016 Oyster Harvest Monitoring

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, Formerly 46-27.016, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.017 Apalachicola Bay Oyster Harvesting Restrictions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, Formerly 46-27.017, Amended 6-1-99, 9-1-05, 5-18-06, 6-1-12, 1-26-21, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.0175 West Bay (Bay County) Oyster Harvesting Restrictions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-25-18, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.018 Statewide Harvesting Restrictions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.018, Amended 6-7-10, 11-26-14, 1-26-21, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.019 Seasons

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 10-3-94, 7-15-96, Formerly 46-27.019, Amended 9-1-05, 1-26-21, Repealed 12-9-25.

Fla. Admin. Code R. 68B-27.020 Applicability to Oysters on Leased Parcels

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.020, Repealed 12-9-25.

Chapter 68B-28 SPONGES

Fla. Admin. Code R. 68B-28.002 Definitions

As used in Chapter 68B-28, F.A.C. and 379.248, F.S.:

(1) “Sponge” means any animal of the Phylum Porifera, or part thereof.

(2) “Commercial sponge” means an animal of the Order Dictyoceratida, or part thereof. This Order includes the sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-88, Amended 5-5-91, Formerly 46-28.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-28.003 Size Limit

A person may not harvest or land from Florida Waters or possess in or on Florida Waters a commercial sponge that when wet is less than 5 inches in its greatest dimension measured across the top of the sponge.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-88, Amended 10-1-90, Formerly 46-28.003, Amended 7-1-07, 9-1-13.

Fla. Admin. Code R. 68B-28.0035 Commercial Sponge Size Limit

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-13-02, Amended 3-1-05, 7-1-07, Repealed 9-1-13.

Fla. Admin. Code R. 68B-28.0036 Recreational Bag Limit; Commercial Licensing Requirements

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-13-02, Repealed 9-1-13.

Fla. Admin. Code R. 68B-28.004 Recreational Bag Limit; Exception for Commercial Harvest

(1) Recreational Bag Limit – A recreational harvester may not harvest per day within or without Florida Waters, land per day, or possess in or on Florida Waters more than 10 pieces of commercial sponge.

(2) Exception for Commercial Harvest – A person may not exceed the recreational bag limit established in subsection (1), unless that person is in possession of a valid saltwater products license with a Sponge Endorsement.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-5-91, Formerly 46-28.004, Amended 9-1-13.

Fla. Admin. Code R. 68B-28.006 Restrictions on Gear and Method of Harvest

(1) Harvest of Commercial Sponge by Hook – A person may use a hook that is 5 inches in width to remove a commercial sponge from Florida Waters. A person may not remove a commercial sponge from Florida Waters with a hook that is larger or smaller than 5 inches in width.

(2) Harvest of Commercial Sponge by Diving – Except as provided in Rule 68B-28.0061, F.A.C., a person may not harvest a commercial sponge from Florida Waters by diving. A person diving for commercial sponges must remove any sponge attached to the bottom by cutting it. Such a person may not remove a commercial sponge by pulling it from the bottom.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-28.0061 Harvest of Commercial Sponge by Diving

(1) Prohibited Harvest of Commercial Sponge by Diving – Except in the areas described in paragraphs (2)(a) and (2)(b), a person may not harvest a commercial sponge from Florida Waters by diving.

(2) Areas Open to the Harvest of Commercial Sponge by Diving –

(a) A person may harvest a commercial sponge by diving in the Florida Waters north of a line extended due west from the southernmost point of Egmont Key, northward and westward to the north-south line represented by 85°21'23.04'', which meets the coast near the Cape San Blas lighthouse.

(b) A person may harvest a commercial sponge by diving in the Florida Waters beyond three nautical miles from the shoreline south of a line extended due west from the southernmost point of Egmont Key, southward and eastward to a line extended due west from the coastal boundary between Monroe and Collier Counties (25°, 48 min. N. latitude).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-28.007 Prohibited Sale

A person may not sell a commercial sponge, unless they are in possession of a valid saltwater products license with a Sponge Endorsement.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-28.008 Harvest of Sponges Prohibited in Biscayne National Park

A person may not harvest or land a sponge in or from the waters of Biscayne National Park or possess a sponge harvested from the waters of Biscayne National Park.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-29 SARDINES

Fla. Admin. Code R. 68B-29.002 Definitions

As used in Chapter 68B-29, F.A.C.:

(1) “Sardine” means a fish of the species Sardinella aurita, commonly known as Spanish sardine, or Sardinella brasiliensis, commonly known as orangespot sardine, or any part thereof.

(2) “West Central Florida Region” means the state waters of Pinellas, Hillsborough, and Manatee Counties.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-1-89, Amended 7-15-96, Formerly 46-29.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-29.003 Commercial Fishing Season and Harvest Limits for Sardines in the West Central Florida Region; Extraordinary Harvest Limitations

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-1-89, Amended 1-1-91, 1-1-95, Formerly 46-29.003, Repealed 9-1-13.

Fla. Admin. Code R. 68B-29.004 Vessel Limits; Possession of Sardines as Bait

(1) General Vessel Limit – The persons aboard a vessel in the West Central Florida Region may not collectively harvest or land more than 500 pounds of sardines per day or possess more than 500 pounds of sardines, regardless of the number of licensed or license-exempt persons onboard.

(2) Possession of Sardines as Bait – This subsection will not be construed to prohibit the possession of more than 500 pounds of frozen or partially frozen processed packaged sardines for use as bait, or the transiting of state waters with such bait to fish in federal Exclusive Economic Zone waters adjacent to the region.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-1-89, Formerly 46-29.004, Amended 9-1-13.

Fla. Admin. Code R. 68B-29.006 Gear that Constitutes Harvest for Commercial Purposes

A person who is harvesting or attempting to harvest sardines with a net or seine that is 100 feet or greater in length is considered to be harvesting sardines for commercial purposes and shall comply with the provisions of this chapter that are applicable to the harvest of sardines for commercial purposes.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-29.008 Area Closed to Harvest for Commercial Purposes

A person may not harvest a sardine for commercial purposes in the following area: All waters of Pinellas, Hillsborough, and Manatee Counties east of a line 500 yards west and running parallel to the COLREGS Demarcation Line, between the Pinellas-Pasco County line on the north and the Manatee-Sarasota County line on the south.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-30 KING MACKEREL - ATLANTIC FISHERY

Fla. Admin. Code R. 68B-30.001 King Mackerel Atlantic Fishery; Purpose and Intent; Designation as Restricted Species

(1) The purpose and intent of this chapter are to protect, manage, conserve, and replenish Florida’s Atlantic Group of king mackerel, species Scomberomorus cavalla. The chapter is intended to complement rule Chapter 68B-12, F.A.C., which regulates the Gulf-Atlantic King Mackerel fishery. Initial measures to reduce fishing pressure on the Atlantic group of king mackerel include special bag limits, bag limits for other harvesters, and season closure for harvesters fishing under the special bag limit to coincide with closures in adjacent federal (EEZ) waters.

(2) King mackerel is hereby designated a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, Formerly 46-30.001.

Fla. Admin. Code R. 68B-30.002 Definitions

As used in this chapter:

(1) “Atlantic fishery” means all Florida waters of the Atlantic Ocean north of a line extending due east of the Miami-Dade/Monroe county line and all king mackerel in those waters (consistent with the Federal Standard established in 50 C.F.R. §622.369(a) as of May 11, 2017).

(2) “Harvest,” used in reference to activities of a person or a boat, means catching a king mackerel in or from the water by any means, then reducing the fish to possession. A king mackerel that is caught but immediately returned to the water free, alive, and unharmed is not harvested.

(3) “King mackerel,” also commonly referred to as “kingfish,” means any fish of the species Scomberomorus cavalla, or any part thereof.

(4) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, 1-1-98, Formerly 46-30.002, Amended 5-11-17.

Fla. Admin. Code R. 68B-30.0025 Size Limit

(1) No person shall harvest from the waters of the Atlantic Fishery or land any king mackerel with a fork length less than 24 inches, measured from the tip of the snout to the rear center edge of the tail.

(2) All king mackerel shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of such fish, or mere removal of gills before landing is not prohibited.

(3) It is the intent of this rule and Rule 68B-12.0035, F.A.C., to expressly repeal and replace Section 370.11(2)(a)3., F.S. (1993), and the remainder of Section 370.11(2)(a), F.S. (1993), as these provisions pertain to king mackerel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 11-29-93, Amended 7-15-96, Formerly 46-30.0025, Amended 10-22-99.

Fla. Admin. Code R. 68B-30.003 Commercial Harvest Limits; Recreational Bag Limit; Gear Specifications

(1) Commercial Harvest Limits. Persons holding a Florida resident, nonresident, or alien saltwater products license with a restricted species endorsement and a federal commercial permit to harvest king mackerel from the Atlantic Migratory Group, may harvest king mackerel from the Atlantic fishery upon the following conditions:

(a) The season for harvest of king mackerel from the Atlantic fishery has not been closed pursuant to Rule 68B-30.004, F.A.C.; and,

(b) Persons harvesting king mackerel for commercial purposes from the Atlantic fishery shall be subject to commercial vessel limits in adjacent federal waters pursuant to 50 C.F.R. §622.385(a)(1) (as of September 9, 2020) unless adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of king mackerel.

(2) Recreational Bag Limit.

(a) Any person harvesting king mackerel from the Atlantic fishery who does not meet the requirements and conditions established in subsection (1) and paragraph (2)(b), shall be subject to a bag limit of two fish per person, per day.

(b) Consistent with Federal Standards, any person harvesting pursuant to the bag limits of this rule, who has fished aboard a vessel for hire on a trip that spans more than 24 hours may possess no more than two daily bag limits, provided that the vessel has two licensed operators aboard, and each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the length of the trip (consistent with requirements established in 50 C.F.R.§622.382(a)(2)(i) as of March 26, 2021).

(3) Possession of king mackerel in excess of the bag limits established in this rule by any person aboard a vessel fishing in the Atlantic fishery shall constitute a violation of this rule.

(4) Prohibited Gear. No person shall harvest king mackerel in the Atlantic fishery other than with hook and line gear, or by spearing.

(5) Transit provisions – A vessel that has onboard king mackerel harvested from an open area in either state or federal waters may transit through and land king mackerel in state waters that are closed to the harvest of king mackerel pursuant to Rule 68B-30.004, F.A.C., under the following conditions:

(a) The king mackerel have been legally harvested from state or federal waters pursuant to Chapters 68B-12 and 68B-30, F.A.C., or pursuant to Part 622 CFR for king mackerel;

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, 1-1-97, 1-1-98, Formerly 46-30.003, Amended 12-21-00, 10-12-15, 5-11-17, 2-3-20, 10-27-20, 8-25-21.

Fla. Admin. Code R. 68B-30.004 Commercial Season Closures

If at any time federal Exclusive Economic Zone (EEZ) waters adjacent to the Atlantic fishery are closed to commercial harvest of king mackerel, corresponding state waters shall also be closed to commercial harvest of king mackerel, beginning from the date of such closure until federal waters are reopened to commercial harvest of king mackerel. Notice of the closure shall be given by the Fish and Wildlife Conservation Commission in the manner provided in Section 120.81(5), F.S. In case of such closure, all harvesters shall be subject to the bag limit established in subsection 68B-30.003(2), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Amended 11-1-88, Formerly 46-30.004, Amended 10-12-15.

Fla. Admin. Code R. 68B-30.006 Other Prohibitions

(1) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any king mackerel harvested in violation of any provision or condition of this chapter.

(2) The Commission shall issue a permit pursuant to Rule 68B-2.010, F.A.C., to authorize king mackerel caught in an organized tournament to be donated to a licensed wholesale dealer.

(3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in the Atlantic fishery, who shall be deemed to have violated any prohibition which has been violated by another person aboard.

(4) Nothing in this chapter shall prohibit the sale of king mackerel harvested persuant to 50 C.F.R. §622.379(b) (as of May 11, 2017).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-15-87, Formerly 46-30.006, Amended 10-12-15, 5-11-17.

Chapter 68B-31 SHRIMP

Fla. Admin. Code R. 68B-31.001 Purpose and Intent; Designation of Shrimp as Restricted Species; Recreational and Commercial Harvest on the Same Trip

(1) The purpose and intent of this chapter is to protect and conserve Florida’s shrimp resources and to provide comprehensive, uniform management rules for shrimping to eliminate inconsistent, piecemeal local regulation of shrimp harvest.

(2) Shrimp are designated as a restricted species pursuant to Section 379.101(32), F.S.

(3) On a single trip, a person harvesting shrimp in or on Florida Waters may operate only as a live bait shrimp producer, or a food shrimp producer, or a recreational harvester.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 1-1-96, Formerly 46-31.001, Amended 9-19-24.

Fla. Admin. Code R. 68B-31.002 Definitions

As used in Chapter 68B-31, F.A.C.:

(1) “Approved turtle excluder device” or “TED” means any device meeting the requirements established by NOAA Fisheries pursuant to 50 C.F.R. §223.207, as of May 1, 2024.

(2) “Bar measurement” means the mesh size of a net as measured by the distance from the center of a knot to the center of an adjacent knot.

(3) “Big Bend Region” means all Florida Waters of Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, and Pasco counties, and all Florida Waters of Wakulla County east of the following described line:

Beginning at the St. Marks Lighthouse (30°04.429'N, 84°10.779'W), proceed southerly on a straight line to St. Marks River Lighted Buoy 1 (30°01.516'N, 84°10.580'W); thence, southerly in a straight line to a point on the Florida Waters boundary located at 29°51.963'N, 84°10.330'W.

(4) “Body,” as it relates to a part of a shrimp trawl, means the forward, larger portion of a trawl from the leading edge of the net to the cod end.

(5) “Brine box” means a container holding water that has a higher salinity than the the surrounding seawater.

(6) “Cod end,” also known as the “tail” or “bag” of a shrimp trawl, means the terminal cylinder of heavy webbing in which the catch is concentrated as the trawl is fished and which is closed at its rearmost extent by means of purse line or draw string.

(7) “Daylight hours” means the period beginning 1/2 hour before official sunrise and continuing through 1/2 hour after official sunset, each day.

(8) “Food shrimp producer” means a person harvesting shrimp for commercial purposes who is not a live bait shrimp producer, or is harvesting shrimp with a gear authorized for food shrimp producers for a specific region in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

(9) “Frame net” means a net in the form of an elongated bag kept open by a rigid frame that is buoyed by floats and is not fished or dragged along the bottom.

(10) “Inland waters” means all creeks, rivers, bayous, bays, inlets, and canals.

(11) “Live bait shrimp producer” means any person harvesting shrimp for the purpose of delivering and selling that shrimp alive for use as bait.

(12) “Northeast Region” means all Florida Waters of Nassau, Duval, St. Johns, Flagler, Volusia, and Brevard counties, including all of the St. Johns River.

(13) “Northwest Region” means all Florida Waters of Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin counties, and all Florida Waters of Wakulla County west of the Big Bend Region.

(14) “Perimeter” means the opening or entrance to a shrimp net or trawl. The perimeter so formed is measured as a continuous line from point to point along the line or frame forming the leading edge of the net.

(15) “Push net” means a mesh net or bag attached to the outer edges of a triangular or rectangular rigid frame with a handle attached.

(16) “Recreational harvester” means a person who is engaging in an activity regulated by Chapter 68B-31, F.A.C., who is not a live bait shrimp producer or a food shrimp producer.

(17) “Rigged for fishing” means the trawl is in the water, or is shackled, tied, or otherwise connected to a sled, door, board, or other device that spreads the net, or is connected to a tow rope, cable, pole, or extension, either on board or attached in any manner to the vessel.

(18) “Roller frame trawl” means a trawl with all of the following features:

(a) A rectangular rigid frame to keep the mouth open while being towed.

(b) The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any obstructions while being towed.

(d) The trawl is towed by attaching a line or towing cable to a tongue located above or at the center of the upper horizontal beam of the frame.

(e) The trawl has no doors attached to keep the mouth of the trawl open.

(19) “Shrimp” means any decapod crustacean of the species Penaeus aztecus (brown shrimp), Penaeus brasiliensis (pinkspotted shrimp), Penaeus duorarum (pink shrimp), Penaeus setiferus (white shrimp), Rimapenaeus constrictus (roughneck shrimp), Rimapenaeus similis (roughback shrimp), and Xiphopenaeus kroyeri (seabob).

(20) “Skimmer trawl” means a trawl with the following features:

(a) A rigid “L”-shaped or triangular metal frame that is deployed amidship from either side of the harvesting vessel.

(b) The inboard portion of the frame is attached to the vessel, while the outboard portion runs along the seabed on a skid or “shoe.”

(c) The net mouth or perimeter is hung along the outer edges of the frame and kept open with a bullet weight holding the lower inboard corner of the net mouth on the bottom.

(d) A tickler chain may be attached below the lead line between the shoe and the bullet weight.

(e) The trawl is pushed alongside the harvesting vessel and generally fishes the entire water column.

(21) “Southeast Region” means all Florida Waters of Indian River, St. Lucie, Martin, Palm Beach, Broward, Miami-Dade, and Monroe counties.

(22) “Southwest Region” means all Florida Waters of Pinellas, Hillsborough, Manatee, Sarasota, Charlotte, Lee, and Collier counties.

(23) “Tampa Bay” means all waters of Tampa Bay east and north of the Sunshine Skyway Bridge (U.S. Highway 19 and Interstate 275).

(24) For purposes of this chapter and Section 379.246, F.S., “Tortugas Shrimp Beds” means all waters within the following geographic boundary:

Begin at a point located at 25°52.904'N, 81°37.933'W (Coon Key Light in Collier County); thence proceed on a straight line to a point which is located at 24°50.700'N, 81°51.300'W; thence proceed on a straight line to a point located at 24°39.996'N, 82°26.650'W (New Grounds Shoals Light); thence proceed on a straight line to a point located at 24°34.727'N, 82°35.445'W (Rebecca Shoal Lighted Buoy 4); thence proceed on a straight line due east to a point located at 24°35.100'N, 82°13.200'W; thence proceed along the Florida Waters boundary to a point located at 24°27.200'N, 81°58.900'W; thence proceed due east to a point located at 24°27.349'N, 81°52.638'W (Sand Key Light); thence proceed northerly to a point located at 24°32.655'N, 81°48.309'W (Whitehead Spit); thence along the south and east meandered shoreline of the Florida Keys and the connecting viaducts between said keys to a point located at 25°01.120'N, 80°30.000'W; thence north until a point on the mainland at 25°12.090'N, 80°30.000'W; thence proceed west and north along the coast of the mainland of Florida until a point located due north of Coon Key Light in Collier County at 25°56.521'N, 81°37.933'W; thence due south to a point located at 25°52.904'N, 81°37.933'W (Coon Key Light), the point of beginning.

(25) “Try net” means a small otter trawl pulled for brief periods to test waters for the presence or size of shrimp or to determine fishing conditions.

(26) “Unconnected” means two trawls not joined or linked together. Except that two trawls, each of which is attached to a sled in lieu of the inner door of each trawl, shall be considered unconnected if a separation of at least 10 feet is maintained at all times during trawling.

(27) “Wing net” means a net in the form of an elongated bag kept open by a rigid frame that is attached to either side of a vessel, and is not towed behind a vessel or dragged along the bottom.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.26 FS. History–New 12-11-86, Amended 1-1-96, Formerly 46-31.002, Amended 9-19-24.

Fla. Admin. Code R. 68B-31.003 Size Requirement; Exceptions

(1) Recreational Size Requirement – There is no size limit for shrimp applicable to recreational harvesters.

(2) Commercial Size Requirement –

(a) There is no minimum size requirement for shrimp applicable to live bait shrimp producers.

(b) A food shrimp producer may not possess shrimp in or on Florida Waters that do not meet the minimum size requirement of subparagraph 1., as determined following the procedures outlined in subparagraph 2.

All shrimp in possession of a food shrimp producer in or on Florida Waters must have an average count not to exceed 47 shrimp per pound with the heads on or 70 shrimp per pound with the heads off.
An average count shall be determined separately for the two portions of the catch consisting of heads-on and heads-off shrimp. The average count shall be determined by sampling the catch at five different locations selected randomly to be as widely separated within the catch or portion of the catch as practicable. Each sample shall consist of at least one pound of shrimp. The counts of each of these five samples shall be averaged to determine the average count for the catch or portion of the catch.
The minimum size requirement of subparagraph 1. does not apply to any seabob (Xiphopenaeus kroyeri) in possession of the harvester.
The minimum size requirement of subparagraph 1. does not apply in:

a. The Big Bend Region.

b. The Northeast Region.

c. Any of the waters of the Northwest Region east of the line formed by 85°13.50' West Longitude, near Indian Pass in Gulf County.

d. Any waters of the Southeast Region in Miami-Dade County.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 1-1-96, 6-3-96, Formerly 46-31.003, Amended 5-1-22, 9-19-24.

Fla. Admin. Code R. 68B-31.0035 Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions

History

Rulemaking Authority Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. Law Implemented Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. History–New 1-1-96, Amended 3-1-99, Formerly 46-31.0035, Amended 7-1-20, 5-1-22, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.004 Bag and Vessel Limits

(1) Recreational Bag Limits –

(a) Except as provided in paragraph (b) for a portion of the Big Bend Region, a recreational harvester may not harvest or land in or from Florida Waters more than 5 gallons of shrimp, heads on, per day. A recreational harvester may not possess more than 5 gallons of shrimp, heads on, in or on Florida Waters, or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

(b) Within the area described in subsection 68B-31.008(3), F.A.C., for a portion of the Big Bend Region, a recreational harvester may not harvest or land in or from the described area more than 2 gallons of shrimp, heads on, per day. A recreational harvester may not possess more than 2 gallons of shrimp, heads on, in or on Florida Waters of the described area, or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

(2) Recreational Vessel Limit – The recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess more than 5 gallons of shrimp, heads on. No more than 5 gallons of shrimp, heads on, may be landed from a vessel by recreational harvesters in a single day. This provision will not be construed to authorize harvest or possession of shrimp in excess of the applicable bag limit established in subsection (1).

(3) A recreational harvester must land all shrimp harvested pursuant to this chapter in whole condition. The beheading of such shrimp before landing is prohibited.

(4) Commercial Bag and Vessel Limits.

(a) Live Bait Shrimp Producers –

A live bait shrimp producer may not possess aboard a vessel in or on Florida Waters more than 5 gallons of dead shrimp, heads on.
A live bait shrimp producer must land all shrimp in whole condition. The beheading of such shrimp before landing is prohibited.
A live bait shrimp producer is not subject to a daily bag or vessel limit for live shrimp.

(b) Food Shrimp Producers –

Except as provided in subparagraph 2., a food shrimp producer is not subject to a daily bag or vessel limit for shrimp.
In or on Florida Waters within the Tortugas Shrimp Beds, as established in paragraph 68B-31.008(2)(b), F.A.C., a food shrimp producer may not possess more than 5 gallons of dead shrimp, heads on or off, simultaneously with the deployment of any shrimp trawl from the vessel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-11-90, Amended 1-1-92, 3-16-93, 1-1-96, 3-1-99, Formerly 46-31.004, Amended 1-19-10, 9-19-24, 12-23-25.

Fla. Admin. Code R. 68B-31.0045 Trawl Gear Specifications: Bycatch Reduction Devices

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-3-96, Amended 8-17-98, Formerly 46-31.0045, Amended 1-19-10, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.005 Seasons; Open and Closed Periods

(1) In or on all inside waters of Nassau, Duval, St. Johns, Putnam, Flagler, and Clay counties:

(a) A person may not harvest shrimp beginning on April 1 and continuing through May 31 each year.

(b) Notwithstanding the prohibitions contained in Sections 379.247(4)(c) and (7)(a), F.S.,

A food shrimp producer may not harvest shrimp on Saturdays or Sundays.
A food shrimp producer may only harvest shrimp during daylight hours.
Except for the Friday after Thanksgiving, a food shrimp producer may not harvest shrimp on legal state holidays. For the purposes of this subsection, “legal state holidays” means the paid holidays observed by all state agencies pursuant to Section 110.117(1), F.S.

(2) Florida East Coast Shrimp Bed Food Shrimp Closed Season.

(a) For purposes of this rule, “Florida East Coast Shrimp Bed” means all Florida Waters of Nassau, Duval, Clay, Putnam, St. Johns, Flagler, Volusia, Seminole, Brevard, Indian River, and St. Lucie counties.

(b) Except as provided in paragraph (c), a food shrimp producer may not harvest shrimp beginning April 1 and continuing through May 31 each year from any waters of the Florida East Coast Shrimp Bed.

(c) Paragraph (b) shall not apply to any person operating as a food shrimp producer during this period in or on Florida Waters east of a line extending from a point located at 30°26.658'N, 81°20.950'W, to a point located at 30°21.469'N, 81°20.325'W.

(3) Miami-Dade County Food Shrimp Production Season and Weekly Closures.

(a)1. A food shrimp producer may harvest shrimp in or from Florida Waters within Miami-Dade County beginning on November 1 each year and continuing through May 31 of the following year, subject to the weekly closures specified in paragraph (b).

A food shrimp producer may not harvest shrimp in or from Florida Waters within Miami-Dade County beginning June 1 and continuing through October 31 each year.

(b) During the open season specified in subparagraph (a)1., a food shrimp producer may not harvest shrimp in or from Florida Waters within Miami-Dade County during the period each week beginning at 6:00 a.m. on Saturday and ending at 6:00 a.m. on Sunday.

(4) Big Bend Region. A food shrimp producer may not harvest shrimp in or from the Big Bend Region beginning on July 1 and continuing through August 31 of each year.

(5) Specified waters of Franklin County.

(a)1. Beginning on September 15 and continuing through December 31 each year, a person may not harvest shrimp in or from Florida Waters within the portion of St. George Sound described in subparagraph 2.

In St. George Sound, beginning at Royal Bluff, 29°47.601'N, 84°44.977'W; thence southwesterly to St. George Sound Light 8, located at 29°44.567'N, 84°45.765'W; thence along the south boundary of the Intracoastal Waterway Channel to St. George Sound Buoy 21, located at 29°43.362'N, 84°48.479'W; thence northwesterly to a point located at 29°44.952'N, 84°51.112'W; thence easterly along the shoreline of St. George Sound to the point of beginning, including all waters of Yents Bayou within the closure area.

(b)1. Beginning on March 1 and continuing through May 31 each year, a person may not harvest shrimp in or from Florida Waters within the portion of Apalachicola Bay described in subparagraph 2.

In Apalachicola Bay, beginning at Green Point, 29°42.526'N, 85°02.155'W; thence southwesterly to St. Vincent Point, 29°40.427'N, 85°04.490'W; thence easterly to Two Mile Channel Light 1, located at 29°41.530'N, 85°0.756'W; thence southeasterly to Apalachicola River Entrance Light 2, located at 29°40.168'N, 84°58.127'W; thence northerly along the eastern boundary of the Intracoastal Waterway Channel to the western landfall of the John Gorrie Memorial Bridge (U.S. Highway 98); thence westerly along the shoreline of Apalachicola Bay to the point of beginning.

(c) Beginning on July 15 and continuing through September 14 each year, a person may not harvest shrimp in or from any Florida Waters of Apalachicola Bay and St. Vincent Sound in Franklin County between the hours of official sunrise and official sunset.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-92, Amended 9-30-96, Formerly 46-31.005, Amended 12-2-99, 9-19-24.

Fla. Admin. Code R. 68B-31.006 Allowable Gear and Harvest Methods; Prohibited Gear; Turtle Excluder Devices, Exceptions; Bycatch Reduction Devices

(1) Recreational Harvesters –

(a) Except as provided in paragraph 68B-31.0061(1)(b), F.A.C., for a portion of Volusia County, or except as provided in paragraph 68B-31.0064(1)(b), F.A.C., for a portion of the Big Bend Region, a recreational harvester may harvest or attempt to harvest shrimp in or from Florida Waters only by or with the use of the following gear:

Landing or dip net with an opening no larger than 96 inches around the perimeter.
Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.
Push net. A push net may only be pushed or dragged across the bottom by a person wading.
Frame net.

a. Except as provided in paragraph 68B-31.0062(1)(b), F.A.C., for Miami-Dade County, one frame net with an opening no larger than 16 feet around the perimeter.

b. A frame net may only be deployed from a vessel or from a structure other than an operational bridge or causeway or catwalk attached to such bridge or causeway.

Shrimp traps not exceeding 36 inches in length, 24 inches in width, and 12 inches in height, or a volume of 6 cubic feet. A shrimp trap may not contain external or unattached wings, weirs or other devices intended to funnel shrimp to the trap.

a. A shrimp trap meeting these specifications, regardless of configuration, shall not be considered a pound net.

b. The user’s name and address must be securely affixed to each shrimp trap.

c. A person may not use more than four shrimp traps at any one time.

d. A shrimp trap on or attached to beaches, causeways, seawalls, bridges, or any other structures open for use by the public must be attended at all times by the recreational harvester whose name is affixed to the trap.

Beach or haul seine with a mesh area no larger than 500 square feet.

(b) Baiting – A recreational harvester may use a cast net in conjunction with nonmetal poles to bait shrimp if such use is in compliance with the following restrictions:

A person may not set more than five poles at any one time.
Each pole may not exceed one inch in diameter.
Poles must be driven into the bottom, set no closer than 10 yards apart, and the distance between the first and last pole shall not exceed 50 yards.
Poles may only be set, fished, and retrieved during daylight hours. All poles must be removed each day by 1/2 hour after official sunset.
Each pole must be marked with white reflective tape.
No pole shall be set within 50 yards of any dock, pier, public boat landing or ramp, seawall, jetty, or bridge.
Poles shall be tended at all times. The term “tended” means that the harvester is within 100 yards of the nearest pole at all times.

(c) A recreational harvester may not harvest or attempt to harvest shrimp with gear not expressly permitted in subsection (1).

(2) Commercial Harvesters –

(a) Mesh Area for Trawls. No person shall use in nearshore and inshore Florida Waters any trawl with a net or bag containing more than 500 square feet of mesh area. The mesh area of a trawl shall be calculated as a cone using the maximum circumference of the net mouth to derive the radius, and the maximum length of the net with meshes open from the center of the headrope at the net mouth to the tail end of the net to derive the slant height.

(b) Live Bait Shrimp Producers.

Except as provided in Rule 68B-31.0061, F.A.C., for the Northeast Region, or as provided in paragraph 68B-31.0064(4)(a), F.A.C., for a portion of the Big Bend Region, a live bait shrimp producer may harvest or attempt to harvest shrimp in or from Florida Waters only by or with the use of a roller frame trawl meeting the following specifications:

a. Neither the upper nor lower horizontal beam on a roller frame trawl may be greater than 16 feet in length.

b. The vertical bars shielding the trawl opening may not be spaced more than 3 inches apart.

c. No more than two such trawls, unconnected, may be towed by a single vessel at any time.

d. No such trawl shall be larger in mesh area than specified by paragraph (2)(a).

Mesh size requirements. Any trawl used by a live bait shrimp producer must meet the following mesh size requirements:

a. In the body of the net, the mesh size may not be less than 5/8 inch bar measurement.

b. In the cod end, the mesh size may not be less than 1/2 inch bar measurement.

A live bait shrimp producer may not harvest or attempt to harvest shrimp with gear or methods that are not expressly permitted in paragraph (2)(b), or Rules 68B-31.0061 or 68B-31.0064, F.A.C.

(c) Food Shrimp Producers. A food shrimp producer may harvest or attempt to harvest shrimp in or from Florida Waters only by or with the use of the gear or methods specified herein and as specified in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

Trawls:

a. A food shrimp producer may use trawls for the directed harvest of shrimp in all Florida Waters seaward of the nearshore and inshore Florida Waters of the Northeast Region, Southeast Region, Southwest Region, and Northwest Region.

b. A food shrimp producer harvesting shrimp in or on Florida Waters seaward of nearshore and inshore Florida Waters where the use of otter trawls is allowed may use a single try net meeting the specifications of subparagraph (2)(c)5.

Brine box. A food shrimp producer may not use a brine box to separate shrimp from other species. This does not prohibit a food shrimp producer from using a brine box to rapidly freeze shrimp that have been manually separated from bycatch and bagged in preparation for placement in cold storage aboard a vessel. The possession of any species other than shrimp within a brine box aboard a vessel shall constitute a violation of this subparagraph.
Roller Frame Trawl Specifications. In areas where a food shrimp producer is allowed to use a roller frame trawl on a regional basis pursuant to Rules 68B-31.0061 through 68B-31.0065, F.A.C., such roller frame trawl must meet the following specifications:

a. Neither the upper nor lower horizontal beam on a roller frame trawl may be greater than 16 feet in length.

b. The vertical bars shielding the trawl opening may not be spaced more than 3 inches apart.

c. No such trawl shall be larger in mesh area than specified by paragraph (2)(a).

d. Such trawl must meet applicable regional mesh size requirements established in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

Otter Trawl Specifications. In areas where a food shrimp producer is allowed to use an otter trawl on a regional basis pursuant to Rules 68B-31.0061 through 68B-31.0065, F.A.C., such otter trawl must meet the following specificiations:

a. The perimeter around the leading edge of the net may not exceed 66 feet.

b. No such trawl shall be larger in mesh area than specified by paragraph (2)(a).

c. Such trawl must meet applicable regional mesh size requirements established in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

d. Each otter trawl must have a TED installed meeting the requirements of subsection (3).

e. A person may not use any otter trawl, or possess any otter trawl that is rigged for fishing, that does not have a bycatch reduction device installed meeting the requirements of subsection (4).

Try Net Specifications. In areas where a food shrimp producer is allowed to use a try net, such try net must meet the following specifications:

a. Within nearshore and inshore Florida Waters where a food shrimp producer is allowed to use a try net on a regional basis pursuant to Rules 68B-31.0061 through 68B-31.0065, F.A.C., such try net must meet the following specifications:

(I) The headrope may not be greater than 10 feet in length.

(II) The perimeter around the leading edge of the net may not be greater than 30 feet.

(III) No such try net shall be larger in mesh area than specified by paragraph (2)(a).

(IV) Such try net must meet applicable regional mesh size requirements established in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

b. In or on Florida Waters seaward of nearshore and inshore Florida Waters, a try net must meet the following specifications:

(I) The headrope may not be greater than 20 feet in length.

(II) The perimeter around the leading edge of the net may not be greater than 60 feet.

(III) Such try net must meet applicable regional mesh size requirements established in Rules 68B-31.0061 through 68B-31.0065, F.A.C.

A food shrimp producer may not harvest or attempt to harvest shrimp with gear or methods that are not expressly permitted in paragraph (2)(c).

(3) Turtle Excluder Devices –

(a) Except as provided in paragraph (b):

No person may use in or on Florida Waters any trawl that does not have a TED installed therein.
A person may not possess aboard any vessel in or on Florida Waters any trawl rigged for fishing that does not have a TED installed therein.

(b) The requirements in paragraph (a) do not apply to the following gear:

A single try net meeting the requirements of subparagraph 68B-31.006(2)(c)5., F.A.C.
A roller frame trawl meeting the specifications of subparagraph 68B-31.006(2)(b)1., F.A.C. or subparagraph 68B-31.006(2)(c)3., F.A.C.
A trawl being used as part of a public or private experimentation pursuant to authorization issued by the Assistant Administrator, Southeast Region, NOAA Fisheries, as provided in 50 C.F.R. § 223.207(e)(2), as of May 1, 2024. Written authorization shall be maintained aboard the vessel with such a trawl at all times.
A trawl authorized for use in the directed harvest of calico scallops by Rule 68B-53.006, F.A.C.

(c) A person may not rig or alter a TED installed in any trawl in any manner so as to render the TED nonfunctioning or ineffective in excluding sea turtles from the trawl.

(4) Bycatch Reduction Devices – In or on Florida Waters where the use of a bycatch reduction device (BRD) is required pursuant to this chapter, a person may not use any trawl or possess any trawl that is rigged for fishing aboard any vessel if such trawl does not have a BRD meeting the requirements of this subsection installed therein.

(a) A person may not rig or alter a BRD installed in any trawl in any manner so as to render the BRD nonfunctioning or ineffective in excluding species other than shrimp from the trawl.

(b) A person may only use one of the following types of BRDs to comply with the requirements of this subsection:

BRDs currently certified or currently provisionally certified by NOAA Fisheries as defined in 50 C.F.R. §622 Appendix D, as of May 1, 2024, and pursuant to 50 C.F.R. §622.53, as of May 1, 2024, and 50 C.F.R. §622.207, as of May 1, 2024.
The Florida Finfish Excluder, as described in this subparagraph, meets the BRD requirements of this subsection only in or on nearshore and inshore Florida Waters. The Florida Finfish Excluder device shall consist of at least one rigid exit opening frame made of no smaller than 1/4-inch steel or aluminum rod sewn into each trawl. Each exit opening frame shall be at least 12 inches in length and have an apex of three bars pointing forward to orient the exit opening in the direction of the mouth of the trawl. The opening thus created shall be in the shape of a parallelogram or oval and no smaller than 36 square inches in area and 5 inches across the opening in the shortest dimension. The opening formed by each frame shall be no further forward in the cod end than 70% of the distance between the draw string (tie-off rings) and the beginning of the tail bag (excluding any extension). The frame shall be installed on the top side of the cod end, no more than 15 meshes to the side of the centerline.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 3-16-93, 11-29-93, 10-3-94, 6-3-96, 6-1-99, Formerly 46-31.006, Amended 12-2-99, 3-1-05, 12-15-19, 5-1-22, 9-19-24.

Fla. Admin. Code R. 68B-31.0061 Northeast Region: Allowable Gear and Harvest Methods; Prohibited Gear

Each person harvesting or attempting to harvest shrimp in the Northeast Region shall comply with the requirements specified in this rule.

(1) Recreational Harvesters.

(a) Except as provided in paragraph (b) for a portion of Volusia County, a recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of the Northeast Region by or with the use of gear or methods not expressly permitted in subsection 68B-31.006(1), F.A.C.

(b) A recreational harvester may not harvest or attempt to harvest shrimp in or from the inside waters of Volusia County from a vessel under power.

(2) Live Bait Shrimp Producers.

(a) Except as provided in paragraphs (b) and (c), a live bait shrimp producer may harvest or attempt to harvest shrimp in or from the Northeast Region only by or with the use of the following gear:

No more than two roller frame trawls meeting the specifications of subparagraph 68B-31.006(2)(b)1., F.A.C.
An otter trawl meeting the following specifications:

a. The opening or entrance to the trawl net shall be formed and limited by attachment of the net mesh to line of not less than 1/8 inch diameter. Such line shall be securely attached so as to form a continuous perimeter around the leading edge of the net.

b. Attachment of the net mesh to such line shall be made at intervals of not more than 12 inches along the entire length of the line.

c. The perimeter so formed shall not exceed 60 feet, measured from point to point along the line forming the leading edge of the net.

d. No webbing, mesh, panels, or similar devices shall be used in conjunction with the trawl net in any manner so as to precede or enlarge the opening or entrance to the net, or have the effect of diverting saltwater products into the opening or entrance to the net.

e. No such trawl shall be larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.

f. The trawl must meet the mesh size requirements established in subparagraph 68B-31.006(2)(b)2., F.A.C.

(b) In or on the nearshore and inshore Florida Waters of Nassau, Duval, St. Johns, and Flagler counties, a live bait shrimp producer may harvest or attempt to harvest shrimp only by or with the use of one trawl meeting the following specifications:

The opening or entrance to the trawl net shall be formed and limited by attachment of the net mesh to line of not less than 1/8 inch diameter. Such line shall be securely attached so as to form a continuous perimeter around the leading edge of the net.
Attachment of the net mesh to such line shall be made at intervals of not more than 12 inches along the entire length of the line.
The perimeter so formed shall not exceed 60 feet, measured from point to point along the line forming the leading edge of the net.
No webbing, mesh, panels, or similar devices shall be used in conjunction with the trawl net in any manner so as to precede or enlarge the opening or entrance to the net, or have the effect of diverting saltwater products into the opening or entrance to the net.
No such trawl shall be larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.
The trawl must meet the mesh size requirements established in subparagraph 68B-31.006(2)(b)2., F.A.C.
A person may not use any otter trawl, or possess any otter trawl that is rigged for fishing aboard any vessel, in or on the nearshore and inshore Florida Waters of Nassau, Duval, St. Johns, and Flagler counties, if such otter trawl does not have a bycatch reduction device (BRD) meeting the requirements of subsection 68B-31.006(4), F.A.C., installed therein.

A live bait shrimp producer may harvest or attempt to harvest shrimp in or from the inside waters of Volusia County only by or with the use of the following gear:

a. Wing nets, each with a perimeter no greater than 26 feet. Each wing net shall be no larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.

b. Landing or dip nets.

c. Push nets.

d. Cast nets.

Beginning on March 1 and continuing through June 30 of each year, a live bait shrimp producer may not harvest or attempt to harvest shrimp in or from the inside waters of Volusia County with wing nets.
A live bait shrimp producer may not harvest or attempt to harvest shrimp in or from the inside waters of Volusia County from a vessel under power.

(d) All commercial trawling in the St. Johns River proper shall be restricted to the area north of the Acosta Bridge (State Road 13) in Jacksonville and at least 100 yards from the nearest shoreline.

(e) Within all inland waters of Nassau, Duval, St. Johns, and Flagler counties, a live bait shrimp producer may only use a trawl during daylight hours.

(3) Food Shrimp Producers.

(a) In the nearshore and inshore Florida Waters of the Northeast Region, a food shrimp producer may harvest or attempt to harvest shrimp only by or with the use of the following gear:

No more than two unconnected roller frame trawls meeting the specifications of subparagraph 68B-31.006(2)(c)3., F.A.C.
No more than two unconnected otter trawls, each meeting the specifications of subparagraph 68B-31.006(2)(c)4., F.A.C.
No more than one try net meeting the specifications of subparagraph 68B-31.006(2)(c)5., F.A.C . Such try net shall be considered one of the two unconnected otter trawls allowed for food shrimp production pursuant to subparagraph 2.
All commercial trawling in the St. Johns River proper shall be restricted to the area north of the Acosta Bridge (State Road 13) in Jacksonville and at least 100 yards from the nearest shoreline.

(b) Within all inland waters of Nassau, Duval, St. Johns, and Flagler counties, a food shrimp producer may only use a trawl during daylight hours.

In the inside waters of the Northeast Region, a food shrimp producer may not use any trawl that has a mesh size less than 7/8 inch bar measurement in the body of the net and less than 3/4 inch bar measurement in the cod end.
In any trawl with a rigid TED, the section of netting surrounding the TED may not have a mesh size smaller than 1/2 inch bar measurement and may not be more than 50 meshes in total length.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0062 Southeast Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions

Each person harvesting or attempting to harvest shrimp in the Southeast Region shall comply with the requirements specified in this rule.

(1) Recreational Harvesters.

(a) Except as provided in paragraph (b) for Miami-Dade County, a recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of the Southeast Region by or with the use of gear or methods not expressly permitted in subsection 68B-31.006(1), F.A.C.

(b) A recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of Miami-Dade County by or with the use of a frame net.

(2) Live Bait Shrimp Producers. A live bait shrimp producer may not harvest or attempt to harvest shrimp in or from Florida Waters of the Southeast Region by or with the use of gear or methods not expressly permitted in paragraph 68B-31.006(2)(b), F.A.C.

(3) Food Shrimp Producers. In all nearshore and inshore Florida Waters of the Southeast Region, a food shrimp producer may harvest or attempt to harvest shrimp only by or with the use of the following gear:

(a) Wing nets meeting the following specifications:

A wing net may not have an opening larger than 28 feet around the perimeter.
No more than two unconnected wing nets may be attached to or fished from a single vessel.
A wing net may not be fished by towing or dragging it over the bottom.
Each wing net shall be no larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.

(b) A frame net, deployed from a vessel, meeting the following specifications:

A frame net may not have an opening larger than 28 feet around the perimeter.
No more than one frame net may be fished from a single vessel.
A frame net may not be fished from a vessel also using wing nets.
A frame net may not be fished by towing or dragging it across the bottom.
Each frame net shall be no larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.

(c) In all waters of the Southeast Region outside nearshore and inshore Florida Waters, a food shrimp producer may not use any otter trawl, or possess any otter trawl that is rigged for fishing aboard any vessel, if such trawl does not have a bycatch reduction device (BRD) installed meeting the requirements of subsection 68B-31.006(4), F.A.C.

(4) Seasonal and Spatial Trawling Restrictions.

(a) Beginning October 1 and continuing through May 31 of the following year, a person may not use any trawl within Florida Waters of the Gulf of America east of a continuous line drawn from Point U through points V, W, X, Y, Z, and AA:

Point

North Latitude

West Longitude

24°37.06'

81°36.75'

24°49.30'

81°46.40'

24°54.50'

81°50.50'

25°09.00'

81°47.60'

26°00.00'

82°04.00'

26°16.00'

81°58.50'

26°16.00'

81°49.57'

(b) Biscayne National Park – As provided in Rule 68B-7.008, F.A.C., a person may not use a trawl within the No-Trawl Zones of Biscayne National Park.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0063 Southwest Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions

Each person harvesting or attempting to harvest shrimp in the Southwest Region shall comply with the requirements specified in this rule.

(1) Recreational Harvesters. A recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of the Southwest Region by or with the use of gear or methods not expressly permitted in subsection 68B-31.006(1), F.A.C.

(2) Live Bait Shrimp Producers. A live bait shrimp producer may not harvest or attempt to harvest shrimp in or from Florida Waters of the Southwest Region by or with the use of gear or methods not expressly permitted in paragraph 68B-31.006(2)(b), F.A.C.

(3) Food Shrimp Producers. Within the nearshore and inshore Florida Waters of the Southwest Region, a food shrimp producer may harvest or attempt to harvest shrimp only by or with the following gear:

(a) No more than two unconnected roller frame trawls meeting the specifications of subparagraph 68B-31.006(2)(c)3., F.A.C.

(b) Otter trawls meeting the specifications of subparagraph 68B-31.006(2)(c)4., F.A.C., within specified waters of the Southwest Region, as follows:

In all inside waters of the Southwest Region, except as provided in subparagraph 2. for Tampa Bay, a food shrimp producer may use:

a. No more than one otter trawl.

b. No more than one try net meeting the specifications of subparagraph 68B-31.006(2)(c)5., F.A.C.

In all waters of Tampa Bay, a food shrimp producer may use:

a. No more than two unconnected otter trawls.

b. No more than one try net meeting the specifications of subparagraph 68B-31.006(2)(c)5., F.A.C. Such try net shall be considered one of the two unconnected otter trawls allowed for food shrimp production pursuant to sub- subparagraph 2.a.

In waters of the Southwest Region within three nautical miles seaward of the coastline, a food shrimp producer may use:

a. No more than two unconnected otter trawls.

(4) Mesh size requirements.

(a) In the inside waters of the Southwest Region, a food shrimp producer may not use any trawl that has a mesh size less than 7/8 inch bar measurement in the body of the net and less than 3/4 inch bar measurement in the cod end.

(b) In any trawl with a rigid TED, the section of netting surrounding the TED may not have a mesh size smaller than 5/8 inch bar measurement and may not be more than 50 meshes in total length.

(5) Seasonal and Spatial Trawling Restrictions.

(a) Beginning October 1 and continuing through May 31 of the following year, a food shrimp producer may not use any trawl within the following described area of Florida Waters off the southwest coast of Florida:

Beginning at Point H in the Boca Grande ship channel; thence easterly to the northernmost extent of Cayo Costa; thence following the coastline southwesterly, southerly and easterly along the shorelines of and along the COLREGS Demarcation Lines across the passes between Cayo Costa, North Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island, Little Hickory Island, and Wiggins Island to 26°16.00'N, 81°49.57'W (Point AA); thence due west to Point Z, and following a continuous line from Point Z through points A, B, C, D, E, F and G; thence northwesterly to the point of beginning, Point H. Points Z, A, B, C, D, E, F, G, H, and AA are expressed as follows by latitude and longitude:

Point

North Latitude

West Longitude

26°41.78'

82°17.91'

26°16.00'

81°49.57'

26°16.00'

81°58.50'

26°17.23'

81°55.55'

26°22.31'

81°59.00'

26°20.25'

82°04.39'

26°22.00'

82°10.79'

26°26.05'

82°15.55'

26°34.40'

82°18.90'

26°38.28'

82°16.92'

(b) Beginning October 1 and continuing through May 31 of the following year, a person may not use any trawl within Florida Waters of the Gulf of America east of the line established in paragraph 68B-31.0062(4)(a), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0064 Big Bend Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions

Each person harvesting or attempting to harvest shrimp in the Big Bend Region shall comply with the requirements specified in this rule.

(1) Recreational Harvesters.

(a) Except as provided in paragraph (b) for a portion of the Big Bend Region, a recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of the Big Bend Region by or with the use of gear or methods not expressly permitted in subsection 68B-31.006(1), F.A.C.

(b) Within the area described in subsection 68B-31.008(3), F.A.C., for a portion of the Big Bend Region, a recreational harvester may harvest shrimp only by or with the following gear:

Landing or dip net with an opening no larger than 96 inches around the perimeter.
Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.

(2) Live Bait Shrimp Producers. Except as provided in subparagraph (4)(a)2. for a portion of Taylor County, a live bait shrimp producer may not harvest or attempt to harvest shrimp in or from Florida Waters of the Big Bend Region by or with the use of gear or methods not expressly permitted in paragraph 68B-31.006(2)(b), F.A.C.

(3) Food Shrimp Producers. A food shrimp producer may harvest or attempt to harvest shrimp in or from Florida Waters of the Big Bend Region only by or with the use of the following gear:

(a) Except as provided in paragraph (b), a food shrimp producer may use no more than four unconnected roller frame trawls meeting the specifications of subsection 68B-31.006(2)(c)3., F.A.C.

(b) In the nearshore and inshore Florida Waters of the Big Bend Region, a food shrimp producer may use no more than two unconnected roller frame trawls meeting the specifications of subsection 68B-31.006(2)(c)3., F.A.C.

(c) In all waters of the Big Bend Region, a food shrimp producer may not use any trawl that has a mesh size less than 3/4 inch bar measurement in the body of the net and less than 5/8 inch bar measurement in the cod end.

(4) Seasonal and Spatial Trawling Restrictions.

(a) Except as provided in subparagraph 2., a person may not use any trawl within the following described area off Taylor County:

Beginning at a point on the shoreline of the Gulf of America north of Steinhatchee River Light 47 (29°40.267'N, 83°23.320'W); thence south to Steinhatchee River Light 47 (29°40.234'N, 83°23.320'W); thence westerly along the line of navigational buoys marking the north side of said channel to Steinhatchee River Light 1 marking the outer extent of said channel (29°39.388'N, 83°27.377'W); thence westerly to a point located at 29°40.045'N, 83°35.218'W; thence northwesterly to a point located at 29°53.253'N, 83°53.01'W; thence north-northwesterly to Gamble Point near the mouth of the Aucilla River (30°04.643'N, 83°59.373'W); thence southeasterly along the shoreline along the Gulf of America to the point of beginning.
A live bait shrimp producer may use a trawl or trawls within the area described in subparagraph 1. if each of the following conditions is met:

a. The live bait shrimp producer is harvesting live bait shrimp using no more than two roller frame trawls.

b. Neither the upper or lower horizontal beam on a roller frame trawl may be greater than 15 feet in length.

(b) Citrus-Hernando Shrimping and Trapping Closed Areas and Seasons – Food shrimp producers and live bait shrimp producers are subject to the seasonal and spatial trawling restrictions established in Rule 68B-38.001, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0065 Northwest Region: Allowable Gear and Harvest Methods; Prohibited Gear

Each person harvesting or attempting to harvest shrimp in the Northwest Region shall comply with the requirements specified in this rule.

(1) Recreational Harvesters. A recreational harvester may not harvest or attempt to harvest shrimp in or from Florida Waters of the Northwest Region by or with the use of gear or methods not expressly permitted in subsection 68B-31.006(1), F.A.C.

(2) Live Bait Shrimp Producers. A live bait shrimp producer may not harvest or attempt to harvest shrimp in or from Florida Waters of the Northwest Region by or with the use of gear or methods not expressly permitted in paragraph 68B-31.006(2)(b), F.A.C.

(3) Food Shrimp Producers. In or on the nearshore and inshore Florida Waters of the Northwest Region, a food shrimp producer may harvest or attempt to harvest shrimp only by or with the use of the following gear or methods:

(a) No more than two unconnected roller frame trawls meeting the specifications of subparagraph 68B-31.006(2)(c)3., F.A.C.

(b) No more than two unconnected otter trawls meeting the specifications of subparagraph 68B-31.006(2)(c)4., F.A.C.

(c) No more than one try net meeting the specifications of subparagraph 68B-31.006(2)(c)5., F.A.C. Such try net shall be considered one of the two unconnected otter trawls allowed for food shrimp production pursuant to paragraph (b).

(d) No more than two unconnected skimmer trawls meeting the following specifications:

The perimeter around the leading edge of any skimmer trawl may not exceed 56 feet.
No such skimmer trawl shall be larger in mesh area than specified by paragraph 68B-31.006(2)(a), F.A.C.
Each skimmer trawl must have a TED installed meeting the requirements of subsection 68B-31.006(3), F.A.C.
A person may not use any skimmer trawl, or possess any skimmer trawl that is rigged for fishing, if such trawl does not have a bycatch reduction device (BRD) installed meeting the requirements of subsection 68B-31.006(4), F.A.C.

(e) Mesh size requirements.

In the inside waters of the Northwest Region, a food shrimp producer may not use any trawl that has a mesh size less than 3/4 inch bar measurement in the body of the net and less than 5/8 inch bar measurement in the cod end.
In any trawl with a rigid TED, the section of netting surrounding the TED may not have a mesh size smaller than 1/2 inch bar measurement and may not be more than 50 meshes in total length.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0066 Landing and Transport Requirements; Live Well and Storage Requirements

(1) Live Bait Shrimp Producers.

(a) Landing and Transport Requirements –

A live bait shrimp producer must constantly maintain any shrimp harvested as live bait in wet live storage condition to minimize mortality.
All such shrimp harvested shall be directly and expeditiously transported from the harvesting vessel to the onshore facilities on the premises of a licensed saltwater products dealer. The dealer’s facilities shall be outfitted appropriately with equipment functioning to maintain the quality of shrimp delivered in a live, healthy condition.
Shrimp so delivered shall be placed in a tank of clean saline, aerated water at that facility and shall be maintained alive throughout all handling and storage processes. Equipment to maintain live bait shrimp during harvest pursuant to this Chapter and during subsequent transport and storage shall, at a minimum, meet the requirements of paragraph (b).
Each person harvesting shrimp in or from Florida Waters as a live bait shrimp producer shall land such shrimp from the harvesting vessel. The transfer of such shrimp to another vessel while in or on Florida Waters is prohibited.

(b) Live Well Requirements.

Vessel requirements – Each vessel operated by a live bait shrimp producer that is engaged in the harvest of live bait shrimp in or on Florida Waters must be equipped with a watertight tank containing a minimum of 16 cubic feet of continuously aerated saline water during such harvest and during the transport of any live bait shrimp.
Vehicle Requirements – Each vehicle used to transport live bait shrimp harvested by a live bait shrimp producer must be equipped with a watertight tank containing a minimum of 32 cubic feet of continuously aerated saline water during the transport and holding of such live bait shrimp on the vehicle.

(c) Storage Requirements – Each facility used to store live bait shrimp harvested by a live bait shrimp producer, on the premises of a licensed wholesale or retail saltwater products dealer, must be equipped with a watertight tank containing a minimum of 32 cubic feet of continuously aerated saline water during the storage of such live bait shrimp.

(2) Food Shrimp Producers – Transport and live well requirements for live food shrimp.

(a) Live shrimp harvested for the purpose of being delivered and sold alive as food for human consumption are not subject to the icing or refrigeration requirements in subsection 68E-27.022(5), F.A.C. This provision shall not be construed to exempt dead shrimp from the requirements in subsection 68E-27.022(5), F.A.C.

(b) Shrimp harvested for sale alive as food pursuant to this Chapter must be constantly maintained in wet live storage condition to minimize mortality. All such shrimp harvested by a food shrimp producer must be expeditiously transported from the harvesting vessel to onshore facilities on the premises of a licensed saltwater products dealer. The dealer’s facilities shall be outfitted appropriately with equipment functioning to maintain the quality of shrimp delivered in a live, healthy condition. Shrimp so delivered must be placed in a tank of clean, continuously aerated saline water at that facility and shall be maintained alive throughout all handling and storage processes. Equipment to maintain live food shrimp during harvest pursuant to this Chapter and during subsequent transport and storage must, at a minimum, meet the following requirements:

Vessel live well requirements – Each vessel engaged in the harvest of shrimp for sale alive as food pursuant to this Chapter must be equipped with a watertight tank containing a minimum of 16 cubic feet of continuously aerated saline water during such harvest and during transport of any live food shrimp.
Vehicle live well requirements – Each vehicle used to transport shrimp from the harvesting vessel to a facility operated by a licensed saltwater products dealer for sale alive as food harvested pursuant to this Chapter must be equipped with a watertight tank containing a minimum of 32 cubic feet of continuously aerated saline water during transport and holding in the vehicle.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.0067 Seasonal East Coast Night Trawling Prohibited

Beginning September 1 and continuing through May 31 of the following year, a person harvesting or attempting to harvest shrimp by or with the use of a trawl may only use such trawl during daylight hours in or on Florida Waters of Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Miami-Dade counties.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-19-24.

Fla. Admin. Code R. 68B-31.007 Sale and Purchase Requirements

(1) If one or more licenses are required to harvest shrimp within a specific region or area pursuant to Rule 68B-31.009, F.A.C., such license(s) is also required for the harvester to sell or offer for sale shrimp harvested under such required license(s).

(2) A wholesale dealer, as defined in Section 379.362(1)(a), F.S., may not purchase shrimp from a harvester required to be licensed purusant to Rule 68B-31.009, F.A.C., unless such harvester presents all such required licenses prior to the sale.

(3) A live bait shrimp producer may not sell or offer for sale shrimp as anything other than bait.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 6-3-96, Formerly 46-31.007, Amended 12-2-99, 3-1-05, 5-1-22, 9-19-24.

Fla. Admin. Code R. 68B-31.008 Year-round Closed Areas

(1) Northeast Region –

(a) A person may not harvest or attempt to harvest shrimp in or from any tributary of the following named waterbodies in Nassau and Duval counties. Shrimp harvest is allowed in each waterbody proper.

St. Marys River.
Bells River.
Jolly River.
Amelia River.
Jackson Creek.
Nassau River.
Back River.
South Amelia River.
Lanceford Creek.
Tiger Creek and Tiger Basin, easterly of 81°30.133' West Longitude.
North fork of Alligator Creek.

(b) A food shrimp producer may not harvest or attempt to harvest shrimp in or from the inside waters of Volusia County.

(2) Southeast Region –

(a)1. A food shrimp producer may not harvest or attempt to harvest shrimp in or from any waters within the area described in subparagraph 2. (a portion of Monroe County):

Begin at a point located at 24°41.900'N, 81°40.500'W near Snipe Point in Monroe County; thence northwesterly approximately 9 nautical miles to a point located at 24°49.231'N, 81°46.318'W; thence proceed easterly and northerly along the Florida Waters boundary to a point located at 26°00.000'N, 81°56.500'W; thence east to a point located at 26°00.000'N, 81°44.100'W; thence southerly and easterly following the coastline to its intersection with the southbound right-of-way of the U.S. Highway 1 bridge in Long Sound (25°14.184'N, 80°26.016'W); thence southerly and westerly along the southbound right-of-way of U.S. Highway 1 to a point on Saddlebunch Key located at 24°37.100'N, 81°36.700'W; thence northwesterly on a straight line to the point of beginning.

(b) Tortugas Shrimp Beds.

A food shrimp producer may not harvest or attempt to harvest shrimp in or from the Tortugas Shrimp Beds, except as may be specifically authorized by federal regulations for the portion of the area lying in federal waters.
Within Florida Waters of the Tortugas Shrimp Beds, possession aboard a vessel of more than 5 gallons of dead shrimp, heads on or off, simultaneously with the deployment of any shrimp trawl from the vessel shall constitute a violation of this subsection.

(3) Big Bend Region. A food shrimp producer or live bait shrimp producer may not harvest or attempt to harvest shrimp in or from the areas of Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, and Pasco counties landward of the line described as:

Beginning at Bailey’s Bluff in Pasco County (Point A); thence northerly to Point B; thence northeasterly to Point C; thence northerly to Point D; thence northeasterly to Point E; thence northerly to Point F; thence northwesterly to Point G; thence northerly to Point H; thence northwesterly to Point I; thence northerly to Point J; thence northwesterly to Point K; thence southwesterly to Point L; thence northwesterly to Point M; thence northerly to Point N; thence northwesterly to Point O; thence northerly to Point P; thence northwesterly to Point Q; thence northerly to Point R; thence northwesterly to Point S; thence southwesterly to St. Marks River Lighted Buoy 1 (Point T); thence northerly to the St. Marks Lighthouse (Point U). Points A through U are expressed as follows by longitude and latitude:

Point

North Latitude

West Longitude

28°12.33'

82°46.97'

28°16.68'

82°47.21'

28°18.28'

82°45.68'

28°26.93'

82°45.95'

28°28.43'

82°44.49'

28°43.53'

82°45.22'

28°44.38'

82°46.71'

28°57.91'

82°47.53'

28°59.41'

82°50.41'

29°03.28'

82°50.66'

29°06.91'

82°57.81'

29°03.38'

83°01.42'

29°07.30'

83°08.78'

29°22.98'

83°15.89'

29°29.58'

83°26.72'

29°38.25'

83°26.66'

29°43.36'

83°34.39'

29°52.40'

83°40.11'

30°00.04'

84°07.63'

30°01.52'

84°10.58'

30°04.43'

84°10.78'

(4) Northwest Region.

(a) A person may not harvest or attempt to harvest shrimp in or from all waters of Ochlockonee Bay and the Ochlockonee River and its tributaries in Franklin and Wakulla counties west of the U.S. Highway 98 Bridge across Ochlockonee Bay and all waters of Chaires Creek south of its mouth on Ochlockonee Bay in Franklin County, year-round.

(b) A person may not harvest or attempt to harvest shrimp in or from the following described waters of Franklin County, year-round:

All inland waters north of the John Gorrie Bridge (U.S. Highway 98) in Apalachicola Bay.
All inland waters of the Carrabelle River and its tributaries upriver of a straight line beginning at 29°50.170'N, 84°39.780'W and ending at 29°50.170'N, 84°39.570'W.
All waters of Sheepshead Bayou internal to St. Vincent Island.
All waters of Big Bayou adjacent to and internal to St. Vincent Island south of a straight line beginning at 29°40.897'N, 85°10.012'W and ending at 29°41.126'N, 85°08.184'W.

(c) A person may not harvest or attempt to harvest shrimp in or from all waters of Indian Lagoon and St. Vincent Sound in Gulf County, year-round.

(d) A food shrimp producer or live bait shrimp producer may not harvest or attempt to harvest shrimp in or from all waters of Apalachee Bay and all tributaries, bays, or bayous in Wakulla County landward of the following described line:

Beginning at the St. Marks Lighthouse, located at 30°04.429'N, 84°10.779'W, proceed southerly on a straight line to St. Marks River Lighted Buoy 1, located at 30°01.516'N, 84°10.580'W; thence westerly to Shell Point Channel Daybeacon 1, located at 30°02.833'N, 84°17.183'W; thence southwesterly to a point located at 30°01.670'N, 84°20.240'W; thence southwesterly to a point located at 29°59.900'N, 84°21.800'W; thence southeasterly to a point at 29°58.600'N, 84°20.230'W, at the COLREGS Demarcation Line; thence southerly along the COLREGS Demarcation Line to the coastline at Ochlockonee Point.

(e) A food shrimp producer may not harvest or attempt to harvest shrimp in or from the following waters of Okaloosa County:

All waters of Five Mile Bayou west of the State Road 85 bridge crossing said bayou.
All waters of Chula Vista Bayou, Don’s Bayou, Little Bayou, and Garnier Bayou north of the State Road 85 bridge crossing Garnier Bayou.

(f) A food shrimp producer may not harvest or attempt to harvest shrimp in or from the portion of Santa Rosa Sound lying in Escambia, Santa Rosa, and Okaloosa counties west of the Brooks Bridge (U.S. Highway 98) in Okaloosa County and east of the Bob Sikes Bridge (County Road 399) in Santa Rosa and Escambia counties..

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 10-3-94, 1-1-96, Formerly 46-31.008, Amended 12-2-99, 2-28-02, 3-1-05, 5-1-22, 9-19-24.

Fla. Admin. Code R. 68B-31.009 Commercial License Requirements

(1) Live Bait Shrimp Producers –

(a) A person harvesting or attempting to harvest shrimp in or from Florida Waters as a live bait shrimp producer must possess a valid saltwater products license with a restricted species endorsement.

(b) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp within the inland waters of Nassau, Duval, St. Johns, and Flagler counties as a live bait shrimp producer must also possess a valid Commercial Live Shrimp Production License issued as provided in Section 379.247, F.S.

(2) Food Shrimp Producers –

(a) A person harvesting or attempting to harvest shrimp in or from Florida Waters as a food shrimp producer must possess a valid saltwater products license with a restricted species endorsement.

(b) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp as a food shrimp producer within the inland waters of Nassau, Duval, St. Johns, and Flagler counties must also possess a valid Commercial Food Shrimp Production License, issued pursuant to Section 379.247, F.S.

The number of Commercial Food Shrimp Production Licenses issued by the Commission in any one year shall be limited to those active in the base year, 1976, and renewed annually since 1976.
Renewal requirement – Failure to renew or transfer the Commercial Food Shrimp Production License by June 30 of each year will result in forfeiture of the license.
Transferability – Notwithstanding the provisions contained in Section 379.247(4)(d), F.S., a Commercial Food Shrimp Production License is transferable upon approval of the Commission under the following conditions:

a. A person who wishes to transfer a Commercial Food Shrimp Production License must submit a notarized Commercial Food Shrimp Production License Transfer Form that has been signed by both parties to the transaction and postmarked and sent by United States Postal Service certified mail or hand delivered within 72 hours of the final notarized signature, to the Commission between May 1 and the last day of February of the following year. Requests received by the Commission before May 1 or postmarked after the last day of February of the current license year will not be processed. The Commercial Food Shrimp Production License Transfer Form (Form DMF-FSP 1000 (May 2024)), is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11133.

b. A Commercial Food Shrimp Production License may not be transferred or renewed until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full. The seller must surrender the license to the Commission to complete the transfer.

c. In the event of the death or permanent disability of a person holding a Commercial Food Shrimp Production License, the license may be transferred by the license holder or the executor of the estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties owed to the Commission in full.

(c) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp as a food shrimp producer in or on any waters of Tampa Bay must also possess a valid Tampa Bay Dead Shrimp Production Permit issued pursuant to this paragraph.

No permit will be issued and no permit will be renewed except those permits issued in the base year of 1992.
A Tampa Bay Dead Shrimp Production Permit will be renewed and issued pursuant to the following:

a. Requests for renewal of a Tampa Bay Dead Shrimp Production Permit must be submitted to the Commission in writing prior to June 30 each year.

b. A food shrimp producer harvesting or attempting to harvest shrimp in Tampa Bay must have one valid Tampa Bay Dead Shrimp Production Permit for each vessel used for such harvest.

c. A Tampa Bay Dead Shrimp Production Permit may only be renewed by an individual who is the principal owner of the vessel or of the business entity owning the vessel and utilizing the permit. No more than three Tampa Bay Dead Shrimp Production Permits shall be issued to any individual.

d. A Tampa Bay Dead Shrimp Production Permit will not be renewed without payment of the permit fee as provided in Section 379.369, F.S.

e. The number of permits issued in any one year shall not exceed the number of permits issued in 1992.

f. A Tampa Bay Dead Shrimp Production Permit is not transferable by any method, including devise or inheritance, and such permit may be renewed only by the initial holder thereof.

All permits not renewed pursuant to sub-subparagraph 2.c. by June 30 each year for any reason shall expire and shall not be renewable under any circumstances.
A food shrimp producer operating any vessel to harvest shrimp in or from Tampa Bay must possess while in or on Tampa Bay and must produce, upon the request of any duly authorized law enforcement officer, a current Tampa Bay Dead Shrimp Production Permit issued for such vessel.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05, 11-12-18, 12-15-19, 5-1-22, 9-19-24.

Fla. Admin. Code R. 68B-31.010 Northwest Region Food Shrimp Production Gear Specifications

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 8-17-98, 6-1-99, Formerly 46-31.010, Amended 5-2-01, 1-1-03, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.011 Big Bend Region Food Shrimp Production Gear Specifications

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, Formerly 46-31.011, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.012 Southwest Region Food Shrimp Production Gear Specifications

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 8-17-98, Formerly 46-31.012, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.013 Southeast Region Food Shrimp Production Gear Specifications

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 6-3-96, 8-17-98, Formerly 46-31.013, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.0135 Southeast Region: Biscayne Bay (Dade County) Food Shrimp Production Season and Weekly Closures

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-2-99, Amended 12-21-00, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.0136 Southeast Region: Food Shrimp Production Closed Area (Portion of Monroe County)

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.014 Northeast Region Food Shrimp Production Gear Specifications

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 6-3-96, Formerly 46-31.014, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.015 Northeast Florida Shrimping: Definition

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, Formerly 46-31.015, Repealed 12-15-19.

Fla. Admin. Code R. 68B-31.0155 Northeast Florida Shrimping: Closed Season; Allowable Harvest Days; Commercial Food Shrimp Production License and Transferability; Closed Areas

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-3-94, Formerly 46-31.0155, Amended 12-15-19, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.0156 Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 4-18-95, Formerly 46-31.0156, Amended 12-5-17, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.0157 East Coast: Night Trawling Prohibited; Exception

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.016 Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-92, Amended 3-1-95, 7-15-96, Formerly 46-31.016, Amended 4-13-17, 5-31-21, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.017 Big Bend Region Closed Areas; Seasonal Closures

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-29-93, Formerly 46-31.017, Amended 7-9-02, 5-1-22, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.018 Northwest Region Closed Areas; Repealed Special Acts

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-16-96, Formerly 46-31.018, Amended 3-1-05, 4-13-17, 5-1-22, Repealed 9-19-24.

Fla. Admin. Code R. 68B-31.019 Regulation of Shrimp Fishing in Tampa Bay; License Requirements

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Repealed 9-19-24.

Chapter 68B-32 TARPON

Fla. Admin. Code R. 68B-32.001 Purpose and Intent

The purpose and intent of this rule is to manage tarpon as a catch and release only fishery in recognition and in honor of the rich cultural heritage of sport fishing for tarpon in Florida waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-32.002 Definitions

As used in chapter 68B-32, F.A.C.:

(1) “Professional fishing guide” means the captain or operator of a boat or vessel who is licensed by the U.S. Coast Guard to carry paying passengers and whose passengers pay a fee to fish for tarpon.

(2) “Snagging” or “snatch hooking” means the intentional catch of a tarpon by any device intended to impale or hook the tarpon by any part of its body other than the mouth, or catching or attempting to catch a tarpon in any manner or method other than enticing or attracting a tarpon to strike with, and become hooked in, its mouth.

(3) “Tarpon” means a fish of the species Megalops atlanticus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-30-88, Amended 1-1-98, Formerly 46-32.002, Amended 3-28-04, 9-1-13, 11-1-13.

Fla. Admin. Code R. 68B-32.003 Size Limits

There are no size limits for tarpon as tarpon is a catch and release fishery.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-30-88, Amended 11-1-89, 10-1-90, 12-4-91, 11-26-92, 11-29-93, 1-1-95, 1-1-96, 11-27-96, 11-12-97, 11-16-98, Formerly 46-32.003, Amended 3-1-05, 9-1-13.

Fla. Admin. Code R. 68B-32.004 Restrictions on Possession of Tarpon; Commercial Harvest Prohibited

(1) Except as provided in rule 68B-32.009, F.A.C., a person may not harvest or unnecessarily destroy a tarpon within or without Florida Waters.

(2) Temporary Possession by a Recreational Harvester –

(a) Except as provided in rule 68B-32.009, F.A.C. and paragraph (2)(b), a recreational harvester may not possess a tarpon within or without Florida Waters.

(b) A person may temporarily possess a tarpon within or without Florida Waters only for the purposes of photography, measuring length and girth, and taking a scientific sample.

Except as provided in rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon alive and unharmed, immediately after photographing, measuring, or taking a scientific sample.
Except as provided in rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon in the immediate area where the tarpon was caught.

(3) Except for tarpon harvested or possessed with the intent to submit that tarpon for state record or world record in accordance with subsection 68B-32.009(1), F.A.C. tarpon greater than 40 inches fork length may not be removed from the water.

(4) Possession for Commercial Purposes Prohibited – A commercial harvester may not harvest or possess a tarpon within or without Florida Waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-32.004, Amended 3-28-04, 3-1-05, 9-1-13, 2-4-19.

Fla. Admin. Code R. 68B-32.006 Allowed and Prohibited Gear and Methods of Harvest

(1) Allowed Gear and Methods of Harvest – Within or without Florida Waters, a person may target or harvest a tarpon only with hook and line gear. All other gear and methods of harvest are prohibited.

(2) Prohibited Gear and Methods of Harvest – A person may not harvest or attempt to harvest a tarpon within or without Florida Waters by spearing, snagging, or snatch hooking. A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest tarpon within or without Florida Waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended 9-1-13.

Fla. Admin. Code R. 68B-32.007 Purchase and Sale Prohibited; Transport and Shipment

(1) A person may not purchase or sell a tarpon.

(2) Transport for Sale Prohibited – A person may not transport a tarpon for the purpose of selling the tarpon, regardless of whether the tarpon will be sold within or without the State of Florida.

(3) Restrictions on Transport and Shipment –

(a) Except as provided in subsection (4), a person may not transport or ship as personal baggage more than one tarpon, harvested within or without Florida Waters.

(b) Except as provided in subsection (4), a common carrier may not knowingly receive more than one tarpon from a person for transport within or without the State of Florida.

(4) Transport and Shipment by Taxidermist –

(a) A lawful taxidermist may transport or ship a reasonable number of tarpon as specimens for mounting if:

The taxidermist can establish the individual ownership of each tarpon being transported or shipped through documentation; and,
The taxidermist can produce (at the request of a duly authorized law enforcement officer) the documentation necessary to establish individual ownership of the tarpon.

(b) A common carrier shall accept a tarpon from a taxidermist for transport if the taxidermist provides documentation of individual ownership of the tarpon along with the bill of lading or other papers controlling the shipment.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-32.009 Tarpon Tag Specifications

(1) Tags Required for Possession –

(a) A person may not harvest or possess a tarpon unless the person intends to submit that tarpon for an International Game Fish Association world record or Commission Florida state record.

(b) A person may not harvest or possess a tarpon unless the person has purchased a tarpon tag and securely attached the tarpon tag through the lower jaw of the tarpon.

(c) A person may not use more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a), F.A.C. Except for professional fishing guides, a person may not purchase more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a), F.A.C.

(d) No more than 1 tarpon may be harvested within or without Florida Waters per day, possessed aboard a vessel within or without Florida Waters, or landed per day from a vessel fishing pursuant to this subsection.

(2) Validity of Tarpon Tags –

(a) The license year for tarpon tags begins on January 1 of each year and continues through December 31 of that year.

(b) A tarpon tag is only valid for the possession of 1 tarpon. A person may not use an individual tarpon tag on more than one tarpon.

(3) Transfer of Tarpon Tags –

(a) Except as provided in paragraph (3)(b), tarpon tags are not transferable.

(b) A professional fishing guide may purchase tarpon tags and subsequently transfer the tarpon tags to individual customers.

(c) A professional fishing guide may not transfer to any individual customer more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a), F.A.C.

(4) Number of Tags Issued Each License Year –

(a) The Commission may not issue more than 2,500 tarpon tags in a license year (as defined in paragraph (2)(a)).

(b) The Commission may not issue more than 1,250 tarpon tags to professional fishing guides in a license year (as established in paragraph (2)(a)).

(5) Return of Unused Tarpon Tags – On or before February 14, each tax collector shall submit to the Commission all unused tarpon tags for the previous license year. In addition to the unused tarpon tags, each tax collector shall submit to the Commission a written audit report indicating the number of unused tags on a form provided by the Commission (Form DMF-SL3210 (3-05), Unissued Tarpon Tags, incorporated herein by reference and available online at http://www.flrules.org on or before February 14.

(6) Exceptions to Tag Requirement – The prohibition of possession of an untagged tarpon in paragraph (1)(b) does not apply to a taxidermist who removes the tag during the process of mounting a tarpon. The taxidermist shall ensure that the removed tag remains with the tarpon during any subsequent storage or shipment.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-4-19.

Chapter 68B-33 BILLFISH AND SPEARFISH

Fla. Admin. Code R. 68B-33.001 Purpose and Intent

The purpose and intent of this chapter are to protect and conserve Florida’s billfish and spearfish resources and increase public awareness of and concern for billfish through promotion of catch-and-release and other conservation practices and prohibition of sale.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Formerly 46-33.001, Amended 10-1-02, 9-1-13.

Fla. Admin. Code R. 68B-33.002 Definitions

As used in Chapter 68B-33, F.A.C.: “Billfish” means any of the following species, or a part thereof:

(1) Makaira nigricans (blue marlin);

(2) Kajikia albida (white marlin);

(3) Istiophorus platypterus (sailfish), or

(4) Tetrapturus georgeii (roundscale spearfish).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Formerly 46-33.002, Amended 8-26-99, 10-1-02, 9-1-13.

Fla. Admin. Code R. 68B-33.003 Size Limits; Landed in Whole Condition Requirement

(1) Billfish Size Limits –

(a) Blue Marlin Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida waters or land a blue marlin that is less than 99 inches in lower jaw fork length.

(b) White Marlin and Roundscale Spearfish Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida Waters or land a white marlin or roundscale spearfish that is less than 66 inches in lower jaw fork length.

(c) Sailfish Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida waters or land a sailfish that is less than 63 inches in lower jaw fork length.

(2) Landed in Whole Condition Requirement – A person harvesting billfish shall land each billfish in whole condition. A person may not possess in or on Florida Waters a billfish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a billfish or removal of gills from a billfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Amended 7-15-96 Formerly 46-33.003, Amended 8-26-99, 7-1-12, 9-1-13.

Fla. Admin. Code R. 68B-33.0034 Recreational Aggregate Bag Limit for Billfish; Commercial Harvest Prohibited

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-2-03, Amended 8-3-10, Repealed 9-1-13.

Fla. Admin. Code R. 68B-33.0035 Swordfish: Federal Permit Required for Sale

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-02, Repealed 9-1-13.

Fla. Admin. Code R. 68B-33.004 Recreational Aggregate Bag Limit for Billfish; Commercial Harvest Prohibited

(1) Recreational Aggregate Bag Limit – A person may not harvest from Florida Waters, possess in or on Florida Waters or land more than 1 billfish per day. Except as provided in subsection 68B-33.007(2), F.A.C., a person may not possess more than 1 billfish in the state of Florida at any time.

(2) Commercial Harvest Prohibited – A person may not harvest a billfish for commercial purposes from Florida Waters or possess a billfish for commercial purposes in or on Florida Waters. This provision will not be construed to prohibit billfish tournaments that award monetary or other prizes, if the tournament and associated fishing activities are conducted in compliance with the applicable regulations.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-99, Amended 10-1-02, 4-2-03, 8-3-10, 7-1-12, 9-1-13.

Fla. Admin. Code R. 68B-33.0041 Prohibition on Harvest

A person may not harvest from Florida Waters, or possess in or on Florida Waters, or land a longbill spearfish (Tetrapturus pfluegeri) or a Mediterranean spearfish (Tetrapturus belone) or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-33.005 Seasons

There is no closed season for billfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-2-03, Amended 9-1-13.

Fla. Admin. Code R. 68B-33.006 Allowed and Prohibited Gear and Method of Harvest; Prohibited Simultaneous Possession with Certain Types of Gear

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a billfish from Florida Waters only by or with the use of hook and line gear.

(2) Prohibition of Simultaneous Possession with Certain Types of Gear – Simultaneous possession in or on Florida Waters of a billfish together with any gill or entangling net or longline gear is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-33.007 Prohibited Sale and Purchase; Exception to Prohibited Sale and Possession Limits

(1) Prohibited Purchase and Sale – Except as provided in subsection (2), a person may not purchase or sell a billfish.

(2) Exception to Sale, Purchase, and Possession Restrictions – A person may not exchange a portion of the billfish for the services provided pursuant to this subsection.

(a) A person may keep a billfish on the premises of a seafood dealer if:

It is for the sole purpose of smoking the billfish for the recreational harvester who harvested the billfish; and,
The billfish is clearly labeled in a way that displays the name and address of the recreational harvester who harvested the billfish.

(b) A taxidermist may transport a billfish or keep a billfish on the premises of a taxidermy business if:

It is for the sole purpose of mounting the billfish for the recreational harvester who harvested the billfish; and,
The billfish is clearly labeled in a way that displays the name and address of the recreational harvester who harvested the billfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-33.011 Reporting Requirement for Non-tournament Landings

A person who harvests a billfish from Florida Waters shall report the landing of the billfish as required by 50 C.F.R. 635.5(c)(2) (as of April 2, 2003), unless the person harvested the billfish as a participant in a fishing competition in which participants must register or an award is offered for catching or landing a billfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-34 BONEFISH

Fla. Admin. Code R. 68B-34.001 Purpose and Intent

The purpose and intent of this rule is to manage bonefish as a catch and release only fishery in recognition and in honor of the rich cultural heritage of sport fishing for bonefish in Florida waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-34.002 Definitions

As used in Chapter 68B-34, F.A.C.:

(1) “Bonefish” means a fish of the family Albulidae, or any part thereof.

(2) “Target” means attempting to catch or take a fish by any means whatsoever.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.002, Amended 3-1-05, 7-1-06, 7-1-11, 9-1-13.

Fla. Admin. Code R. 68B-34.003 Size Limits

There are no size limits for bonefish as bonefish is a catch and release fishery.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.003, Amended 3-1-05, 7-1-11, 9-1-13.

Fla. Admin. Code R. 68B-34.004 Harvest of Bonefish Prohibited; Restrictions on Possession of Bonefish

(1) A person may not harvest or unnecessarily destroy a bonefish within or without Florida Waters.

(2) Temporary Possession by a Recreational Harvester –

(a) Except as provided in paragraph (2)(b), a recreational harvester may not possess a bonefish within or without Florida Waters.

(b) A recreational harvester may temporarily possess a bonefish only for the purpose of photographing, measuring, or weighing (with a hand-held scale) the bonefish at the site where the bonefish was caught.

A recreational harvester may not possess more than one bonefish at a time.
A recreational harvester who temporarily possesses a bonefish pursuant to this subsection shall release the bonefish alive and unharmed, immediately after photographing, measuring, or weighing the bonefish.
A recreational harvester who temporarily possesses a bonefish pursuant to this subsection shall release the bonefish in the immediate area where the bonefish was caught.

(3) Possession for Commercial Purposes Prohibited – A commercial harvester may not harvest or possess a bonefish within or without Florida Waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-11, Amended 9-1-13.

Fla. Admin. Code R. 68B-34.005 Seasons

There are no seasons for bonefish as bonefish is a year-round catch and release fishery.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-11, Amended 3-24-13, 9-1-13.

Fla. Admin. Code R. 68B-34.006 Allowed and Prohibited Gear and Method of Harvest

(1) Allowed Gear and Method of Harvest – Within or without Florida Waters, a person may target a bonefish only with hook and line gear. All other gear and methods of harvest are prohibited.

(2) Prohibited Gear and Method of Harvest – A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest bonefish within or without Florida Waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-35 POMPANO, AFRICAN POMPANO, AND PERMIT

Fla. Admin. Code R. 68B-35.001 Purpose and Intent; Repeal of Certain Laws; Designation as Restricted Species, Aquaculture Exemption for Pompano

(1) The purpose and intent of this chapter are to protect and conserve Florida’s pompano, African pompano, and permit resources and assure the continuing health and abundance of these species.

(2) It is the intent of this chapter to expressly repeal and replace Section 370.11(2)(a)2., F.S. (1988); and the remainder of Section 370.11(2)(a), F.S. (1988), as it pertains to pompano, and Section 370.1125, F.S. (1988); pertaining to permit.

(3) Pompano, African pompano, and permit, are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

(4) Provisions of this rule chapter shall not apply to pompano artificially spawned and raised in commercial aquaculture facilities. However, anyone possessing such fish or offering such fish for sale or exchange shall maintain and be able to produce documentation, such as appropriate receipt(s), bill(s) of sale, or bill(s) of lading, to establish the chain of possession from the initial transaction after harvest at the facility. Failure to maintain such documentation shall constitute a violation of this rule chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.001.

Fla. Admin. Code R. 68B-35.002 Definitions

As used in this rule chapter:

(1) “African pompano” means any fish of the species Alectis ciliaris, or any part thereof.

(2) “Fishing pier” means a platform extending from shore over water, used primarily to provide a means for persons to harvest or attempt to harvest fish therefrom. The term shall not be construed to include any residential dock, marina, or facility at which vessels are launched or moored, but shall include any abandoned bridge serving the function of a fishing pier.

(3) “Fork Length” means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail.

(4) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize.

(5) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale, barter, trade, or exchange, or with intent to sell, barter, trade, or exchange, or in excess of established bag limit.

(6) “Land,” when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(7) “Permit” means any fish of the species Trachinotus falcatus, or any part thereof.

(8) “Person” means any natural person, firm, entity or corporation.

(9) “Pompano” means any fish of the species Trachinotus carolinus, or any part thereof.

(10) “Pompano Endorsement Zone” means federal Exclusive Economic Zone (EEZ) waters lying between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County) in the Gulf of America.

(11) “Recreational harvester” means any person, other than a person harvesting for commercial purposes, who harvests fish within or without state waters.

(12) “Snagging” or “snatch hooking” means the intentional catching of a fish by any device intended to impale or hook the fish in any part of its body other than the mouth.

(13) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

(14) “Special Permit Zone” means state and adjacent federal Exclusive Economic Zone (EEZ) waters lying south of a line running due east from Cape Florida at 25° 40' North Latitude, waters of Biscayne Bay south of Rickenbacker Causeway, and state and adjacent federal EEZ waters lying south of a line just south of Cape Sable running due west through federal waters at 25° 09' North Latitude.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.002, Amended 1-1-04, 8-29-11, 4-13-17.

Fla. Admin. Code R. 68B-35.003 Size Limits; Prohibition of Sale; Landing in Whole Condition

(1) Permit Size Limits –

(a) Recreational Size Limits

Within the Special Permit Zone, no person shall harvest, possess, or land within or without state waters, any permit with a fork length less than 22 inches.
Outside of the Special Permit Zone, no person shall harvest, possess, or land within or without state waters any permit with a fork length less than 11 inches or greater than 22 inches, except as provided in paragraph (b), or except that no person shall harvest, possess, or land more than one permit with a fork length greater than 22 inches as provided in subparagraph 68B-35.0035(1)(a)2., F.A.C.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest, possess, or land within or without state waters any permit with a fork length less than 11 inches or greater than 20 inches. No person may buy, sell, or exchange any permit with a fork length less than 11 inches or greater than 20 inches. The possession of any permit with a fork length less than 11 inches or greater than 20 inches on a vessel that is harvesting for commercial purposes is prohibited.

(2) Pompano Size Limits –

(a) Recreational Size Limits – No person shall harvest or possess within or without state waters any pompano with a fork length of less than 11 inches.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest, possess, or land within or without state waters any pompano with a fork length less than 11 inches or greater than 20 inches. No person may buy, sell, or exchange any pompano with a fork length less than 11 inches or greater than 20 inches. The possession of any pompano with a fork length less than 11 inches or greater than 20 inches on a vessel that is harvesting for commercial purposes is prohibited.

(3) African Pompano Size Limits –

(a) Recreational Size Limits – No person shall harvest or possess within or without state waters, any African pompano with a fork length less than 24 inches.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest or possess while in or on state waters any African pompano with a fork length of less than 24 inches.

(4) Landing in whole condition – All pompano, African pompano, and permit shall be landed in whole condition. The possession, within or without state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of such fish, or mere removal of gills, before landing is not prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.003, Amended 11-1-01, 1-1-04, 3-1-05, 8-29-11, 11-15-12.

Fla. Admin. Code R. 68B-35.0035 Bag Limits

(1) Permit Bag Limits –

(a) Recreational Bag Limit

Within the Special Permit Zone, no person shall recreationally harvest or possess at any time within or without state waters or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters more than one (1) permit per person per day, provided that no more than two (2) permit shall be possessed aboard any vessel at any time. The possession of any permit on a vessel that is harvesting for commercial purposes within the Special Permit Zone is prohibited. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish within or without state waters, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew person of such vessel.
Outside of the Special Permit Zone, and except as provided in subparagraph 68B-35.0035(1)(b)2., F.A.C., no person shall recreationally harvest or possess at any time within or without state waters or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters more than two (2) permit per day. A recreational harvester may harvest, possess, or land within or without state waters no more than one permit with a fork length greater than 22 inches, included in the bag limit established in this subsection. No more than two permit with a fork length greater than 22 inches may be possessed aboard a vessel at any time. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish within or without state waters, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew person of such vessel.

(b) Commercial Bag Limit

No directed commercial harvest of permit – Possession of any permit aboard a vessel harvesting for commercial purposes is prohibited, except for persons harvesting for commercial purposes pursuant to paragraph 68B-35.004(5)(a), F.A.C.
Persons harvesting permit as incidental bycatch pursuant to paragraph 68B-35.004(5)(a), F.A.C., shall be subject to a daily harvest, landing, and possession limit of 100 permit. Possession of commercial incidental bycatch quantities of permit is prohibited within the Special Permit Zone.

(2) Pompano Bag Limits –

(a) Recreational Bag Limit – Except as provided in paragraph 68B-35.0035(2)(b), F.A.C., no person shall recreationally harvest or possess at any time within or without state waters more than six (6) pompano per day.

(b) Pompano Commercial Daily Harvest Limits –

Persons harvesting for commercial purposes, except for Pompano Endorsement holders harvesting within the Pompano Endorsement Zone pursuant to Rule 68B-35.005, F.A.C., are subject to a daily harvest, landing, and possession limit of 250 pompano within or without state waters.
Persons harvesting pompano as incidental bycatch pursuant to paragraph 68B-35.004(5)(a), F.A.C., shall be subject to a daily harvest, landing, and possession limit of 100 pompano.
Purchase and Sale – At the initial sale, no wholesale dealer shall purchase more than 250 individual pompano per day from any person who does not possess and present to the dealer a valid Pompano Endorsement, in addition to a saltwater products license with a restricted species endorsement. Except for Pompano Endorsement holders harvesting within the Pompano Endorsement Zone pursuant to Rule 68B-35.005, F.A.C., no person harvesting for commercial purposes shall sell more than 250 individual pompano per day.

(3) African Pompano Bag Limits –

(a) Recreational Bag Limits – Each person harvesting African pompano within or without state waters is subject to a bag limit of two (2) African pompano per day. No more than two (2) African pompano shall be possessed aboard any vessel harvesting for recreational purposes within or without state waters at any time.

(b) Commercial Bag Limits – Persons harvesting for commercial purposes shall not harvest or possess while in or on state waters more than two (2) African pompano. No more than two (2) African pompano shall be possessed aboard a vessel that is harvesting for commercial purposes while in or on state waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 8-29-11, Amended 11-15-12.

Fla. Admin. Code R. 68B-35.004 Gear Specifications and Prohibited Gear

(1) The harvest of pompano, African pompano, or permit within or without state waters by or with the use of any multiple hook in conjunction with live or dead natural bait, or the landing of such fish so harvested, is prohibited. Snagging (snatch hooking) of pompano, African pompano, or permit within or without state waters is also prohibited.

(2) African Pompano Gear –

(a) Recreational Gear – The harvest or attempted harvest of any African pompano in or from state waters while harvesting recreationally, by or with the use of any gear other than hook and line gear is prohibited. In adjacent federal EEZ waters, the harvest or attempted harvest of any African pompano by or with the use of any gear other than hook and line gear or spearing is prohibited, while harvesting recreationally.

(b) Commercial Gear – The harvest or attempted harvest of any African pompano in or from state waters while harvesting for commercial purposes by or with the use of any gear other than hook and line gear is prohibited.

(3) Permit Gear – The harvest or attempted harvest of any permit in or from state waters by or with the use of any gear other than hook and line gear is prohibited. Except as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any permit in adjacent federal EEZ waters by or with the use of any gear other than hook and line and spearing gear is prohibited.

(4) Pompano Gear – Except as provided in subsection 68B-35.005(3), F.A.C., or as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any pompano within or without state waters by or with the use of any gear other than a beach or haul seine, a cast net, or hook and line gear is prohibited.

(5) Except as provided in paragraph 68B-35.005(2)(d), F.A.C., and in this subsection, no person shall simultaneously possess aboard any vessel in state waters any pompano or permit together with any gill or entangling net.

(a) Possession of pompano or permit is allowed by persons who have harvested pompano or permit in adjacent federal EEZ waters as an incidental bycatch in gill or entangling nets while fishing for other species, as long as such persons possess a valid saltwater products license with a restricted species endorsement, and provided that the amount of pompano or permit does not exceed the harvest, possession, and landing limit specified in subparagraphs 68B-35.0035(2)(b)2. and 68B-35.0035(1)(b)2., F.A.C.

(b) Possession of pompano or permit harvested pursuant to this subsection is allowed only when the person or vessel returns from federal EEZ waters directly, continuously, and expeditiously through state waters from the place where the lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold, and the vessel must comply with all requirements of Section 379.2423, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.40 FS. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.004, Amended 11-1-01, 1-1-04, 8-29-11, 11-15-12.

Fla. Admin. Code R. 68B-35.005 Pompano Endorsement Regulations

(1) POMPANO ENDORSEMENT – No person shall be issued a pompano endorsement on their saltwater products license without first meeting each of the following criteria:

(a) The applicant must possess a Vessel Saltwater Products License with a Restricted Species Endorsement.

(b) The applicant must own a commercially registered vessel no smaller than 22 feet in documented length, except in the case of a vessel with the primary power mounted forward of the center point of the vessel, in which case the vessel shall not be smaller than 25 feet in documented length.

(c) No applicant shall receive a pompano endorsement who, in the previous three license years, has been charged with violating any provision of Article X, Section 16 of the State Constitution, Section 379.2423 or 379.2422, F.S., or subsection 68B-4.0081(2), F.A.C., and who has received a judicial disposition other than acquittal or dismissal on such charges.

(2) Pompano Endorsement Zone.

(a) Boundaries – Regulations for Pompano Endorsement Holders established in Rule 68B-35.005, F.A.C., apply only in federal EEZ waters between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County).

(b) Transport and Landings – Transport through state waters of pompano harvested pursuant to paragraph 68B-35.005(2)(a), F.A.C., must be between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County) and landed within these boundaries.

(c) Simultaneous Possession of Pompano and Gill or Entangling Nets – Simultaneous possession of any pompano together with any gill or entangling net aboard any vessel is only allowed within or without state waters, between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County) by persons who have harvested pompano within the boundaries established in paragraph 68B-35.005(2)(a), F.A.C., and who possess a valid saltwater products license with a restricted species endorsement and a Pompano Endorsement issued pursuant to subsection 68B-35.005(1), F.A.C., or pursuant to paragraph 68B-35.004(5)(a), F.A.C.

(d) The exemption established in paragraph 68B-35.005(2)(d), F.A.C., shall not apply to any person or vessel which does not return from federal EEZ waters directly, continuously, and expeditiously from the place where the lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold, or otherwise fails to meet all requirements of Section 379.2423, F.S.

(3) GEAR FOR POMPANO ENDORSEMENT ZONE – Persons harvesting pursuant to a Pompano Endorsement and within the Pompano Endorsement Zone established in paragraph 68B-35.005(2)(a), F.A.C., are permitted to use gill or entangling nets to target pompano in addition to allowable gears for pompano listed in Rule 68B-35.004, F.A.C. Each gill or entangling net shall meet the following specifications:

(a) Such net shall not be less than 400 yards in length, along the cork line and along the lead line.

(b) Such net shall be at least 70 meshes deep at its shallowest point.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 11-1-01, Amended 1-1-04, 8-29-11, 11-15-12, 4-13-17.

Fla. Admin. Code R. 68B-35.006 Closed Season

Inside the Special Permit Zone, no person shall harvest, possess, purchase, sell or exchange any permit within or without state waters during the months of April, May, June, and July of each year. During this closed season, the possession of permit while in or on the waters of the Special Permit Zone, including any dock, pier, bridge, beach, or other fishing site adjacent to such waters is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 8-29-11, Amended 11-15-12, 4-1-18.

Chapter 68B-36 BLACK DRUM

Fla. Admin. Code R. 68B-36.001 Designation as a Restricted Species

Designation as a Restricted Species – Black drum are hereby designated as a restricted species, pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.001, Amended 9-1-13.

Fla. Admin. Code R. 68B-36.002 Definitions

“Black drum” means a fish of the species Pogonias cromis, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 7-15-96, 9-30-96, Formerly 46-36.002, Amended 7-1-06, 9-1-13.

Fla. Admin. Code R. 68B-36.003 Size Limits; Landed in Whole Condition Requirement

(1) Minimum and Maximum Size Limits ‒

(a) Recreational Minimum and Maximum Size Limits ‒

Except as provided in subparagraph (1)(a)2., a recreational harvester may not harvest or possess within or without Florida Waters or land a black drum that is less than 14 inches or greater than 24 inches in total length.
A recreational harvester may harvest and possess within or without Florida Waters and land only 1 black drum per day that is greater than 24 inches in total length. This provision will not be construed to authorize harvest or possession of black drum of any size in excess of the applicable bag limits.

(b) Commercial Minimum and Maximum Size Limit – A commercial harvester may not harvest or possess within or without Florida Waters or land a black drum that is less than 14 inches or greater than 24 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting black drum within or without Florida Waters shall land each black drum in whole condition. A person may not possess within or without Florida Waters a black drum that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed in prohibit evisceration (gutting) of a black drum, or removal of gills from a black drum.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.003, Amended 9-1-13.

Fla. Admin. Code R. 68B-36.004 Bag and Vessel Limits

(1) Recreational Bag Limits – A recreational harvester may not harvest within or without Florida Waters or land per day more than 5 black drum or possess within or without Florida Waters more than 5 black drum.

(2) Commercial Limits –

(a) Commerical Bag Limit – A commercial harvester may not harvest within or without Florida Waters or land per day more than 500 pounds of black drum or possess within or without Florida Waters more than 500 pounds of black drum. This provision will not be construed to authorize harvest or possession of black drum in excess of the applicable vessel limits.

(b) Commerical Vessel Limit – The commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 500 pounds of black drum per day, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of black drum in excess of the applicable bag limits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 8-31-98, Formerly 46-36.004, Amended 9-1-13.

Fla. Admin. Code R. 68B-36.005 Other Prohibitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.005, Repealed 9-1-13.

Fla. Admin. Code R. 68B-36.006 Prohibited Gear and Methods of Harvest

(1) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest black drum within or without Florida.

(2) A person may not harvest or attempt to harvest a black drum within or without Florida Waters by snagging the black drum or land a black drum so harvested.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-37 SPOTTED SEATROUT

Fla. Admin. Code R. 68B-37.001 Designation as a Restricted Species; Purpose and Intent

(1) Designation as a Restricted Species – Spotted seatrout are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

(2) Purpose and Intent – The purpose and intent of this chapter are to protect and conserve Florida's spotted seatrout resources and assure the continuing health and abundance of those resources.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 11-1-89, Formerly 46-37.001, Amended 9-1-13.

Fla. Admin. Code R. 68B-37.002 Definitions

As used in Chapter 68B-37, F.A.C.:

(1) “Big Bend Region” means all Florida Waters and adjacent federal waters of the Gulf of America lying east of 84°20.800ꞌ West Longitude in Franklin County and north of a line running due east and due west from the westernmost point of Fred Howard Park Causeway (28°09.350'N, 82°48.398'W), and all waters of Pinellas County north of 28°09.350’ North Latitude, all waters of Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette, Leon, Levy, Madison, Pasco, Sumter, Suwannee, Taylor, Union, and Wakulla counties, and including all waters of Ochlockonee Bay and the Ochlockonee River, all waters of the Withlacoochee River, and all waters of the Anclote River and its tributaries.

(4) “Northeast Region” means all Florida Waters and adjacent federal waters lying south of the Florida-Georgia border, and north of the Indian River Lagoon Region, all waters of Baker, Clay, Duval, Flagler, Lake, Marion, Nassau, Orange, Putnam, Seminole, and St. Johns counties, all waters of Volusia County north and west of the Indian River Lagoon Region, including all waters of the St. Johns River and its tributaries, excluding all waters of the Withlacoochee River, Kissimmee River, Cypress Lake, Lake Hatchineha, and Lake Kissimmee.

(7) “Southeast Region” means all Florida Waters and adjacent federal waters lying south of the Martin-Palm Beach county line and north of the Miami-Dade/Monroe county line, all waters of Broward, Miami-Dade, and Palm Beach counties, including all waters of the Loxahatchee River and its tributaries, Hillsboro Canal, Miami Canal, North New River Canal, and West Palm Beach Canal, excluding all waters of Lake Okeechobee and all waters of Everglades National Park.

(8) “Southwest Region” means all Florida Waters and adjacent federal waters lying south of the Charlotte Harbor Region and all Florida Waters and adjacent federal waters lying south of the Southeast Region, all waters of Collier County south of 26°15.227’ North Latitude, all waters of Monroe County, and all waters of Everglades National Park.

(9) “Spotted seatrout” means a fish of the species Cynoscion nebulosus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.002, Amended 7-1-00, 7-1-06, 2-1-12, 9-1-13, 2-26-20, 4-1-26.

Fla. Admin. Code R. 68B-37.003 Size Limits for Recreational and Commercial Harvest; Whole Condition Requirement

(1) Recreational Minimum and Maximum Size Limits –

(a) Except as provided in paragraph (1)(b), a recreational harvester may not harvest or possess within or without Florida Waters or land a spotted seatrout that does not meet the specified size limits established in this paragraph for each region:

Panhandle Region – No less than 15 inches or greater than 19 inches in total length.
Big Bend Region – No less than 15 inches or greater than 19 inches in total length.
Tampa Bay Region – No less than 15 inches or greater than 19 inches in total length.
Sarasota Bay Region – No less than 15 inches or greater than 19 inches in total length.
Charlotte Harbor Region – No less than 15 inches or greater than 19 inches in total length.
Southwest Region – No less than 15 inches or greater than 19 inches in total length.
Southeast Region – No less than 15 inches or greater than 19 inches in total length.
Indian River Lagoon Region – No less than 15 inches or greater than 19 inches in total length.
Northeast Region – No less than 15 inches or greater than 19 inches in total length.

(b) Except as provided in paragraph (1)(c), a recreational harvester may harvest or possess, within or without Florida Waters, and land per day no more than one spotted seatrout per person or per vessel, whichever is less, that is greater than the size limits established in paragraph (1)(a) for each region specified in this paragraph. This provision will not be construed to authorize harvest or possession of spotted seatrout of any size in excess of the applicable bag limits.

Panhandle Region.
Big Bend Region.
Tampa Bay Region.
Sarasota Bay Region.
Charlotte Harbor Region.
Southwest Region.
Southeast Region.

(c) A recreational harvester may not harvest or possess within or without Florida Waters, or land any spotted seatrout greater than the size limits established in paragraph (1)(a) for each region specified in this paragraph:

Indian River Lagoon Region.
Northeast Region.

(2) Commercial Minimum and Maximum Size Limits – A commercial harvester may not harvest or possess within or without Florida Waters or land a spotted seatrout that does not meet the specified size limits established in this subsection.

(a) Panhandle Region – No less than 15 inches or greater than 24 inches in total length.

(b) Big Bend Region – No less than 15 inches or greater than 24 inches in total length.

(d) Sarasota Bay Region – No less than 15 inches or greater than 24 inches in total length.

(e) Charlotte Harbor Region – No less than 15 inches or greater than 24 inches in total length.

(f) Southwest Region – No less than 15 inches or greater than 24 inches in total length.

(g) Southeast Region – No less than 15 inches or greater than 24 inches in total length.

(h) Indian River Lagoon Region – No less than 15 inches or greater than 24 inches in total length.

(i) Northeast Region – No less than 15 inches or greater than 24 inches in total length.

(3) Landed in Whole Condition Requirement – A person harvesting spotted seatrout within or without Florida Waters shall land each spotted seatrout in whole condition. A person may not possess within or without Florida Waters a spotted seatrout that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a spotted seatrout, or removal of gills from a spotted seatrout.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.003, Amended 7-1-00, 2-1-12, 9-1-13, 2-26-20, 4-1-26, 5-27-26.

Fla. Admin. Code R. 68B-37.004 Regional Recreational Bag Limits; Bag Limit for Captain and Crew on For-hire Trips; Commercial Bag, Vessel, and Landing Limits

(1) Recreational Bag Limits – A recreational harvester may not harvest or land per day from within or without Florida Waters of a region or possess more spotted seatrout within a region than the applicable bag limit established in this subsection for each region:

(a) Panhandle Region – Three (3) spotted seatrout.

(b) Big Bend Region – Five (5) spotted seatrout.

(d) Sarasota Bay Region – Three (3) spotted seatrout.

(e) Charlotte Harbor Region – Three (3) spotted seatrout.

(f) Southwest Region – Three (3) spotted seatrout.

(g) Southeast Region – Three (3) spotted seatrout.

(h) Indian River Lagoon Region – Two (2) spotted seatrout.

(i) Northeast Region – Three (3) spotted seatrout.

(2) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a spotted seatrout.

(3) Commercial Limits –

(a) Bag Limit ‒ A commercial harvester may not harvest or land per day from within or without Florida Waters of a region or possess more spotted seatrout within a region than the applicable bag limit established in this paragraph for each region:

Panhandle Region – 50 spotted seatrout.
Big Bend Region – 50 spotted seatrout.
Tampa Bay Region – 50 spotted seatrout.
Sarasota Bay Region – 50 spotted seatrout.
Charlotte Harbor Region – 50 spotted seatrout.
Southwest Region – 50 spotted seatrout.
Southeast Region – 50 spotted seatrout.
Indian River Lagoon Region – 50 spotted seatrout.
Northeast Region – 50 spotted seatrout.

(b) Vessel Limits –

Except as provided in subparagraph (3)(b)2., commercial harvesters aboard a vessel may not collectively harvest or land per day from within or without Florida Waters of a region or possess more spotted seatrout within a region than the applicable vessel limit established in this paragraph for each region:

a. Panhandle Region – 50 spotted seatrout.

b. Big Bend Region – 50 spotted seatrout.

c. Tampa Bay Region – 50 spotted seatrout.

d. Sarasota Bay Region – 50 spotted seatrout.

e. Charlotte Harbor Region – 50 spotted seatrout.

f. Southwest Region – 50 spotted seatrout.

g. Southeast Region – 50 spotted seatrout.

h. Indian River Lagoon Region – 50 spotted seatrout.

i. Northeast Region – 50 spotted seatrout.

Two or more commercial harvesters aboard a vessel and operating pursuant to two or more valid saltwater products licenses may not collectively harvest or land per day from within or without Florida Waters of a region or possess more spotted seatrout within a region than the applicable vessel limit established in this paragraph for each region This provision will not be construed to authorize harvest or possession of spotted seatrout in excess of the applicable bag or vessel limits.

a. Panhandle Region – 100 spotted seatrout.

b. Big Bend Region – 100 spotted seatrout.

c. Tampa Bay Region – 100 spotted seatrout.

d. Sarasota Bay Region – 100 spotted seatrout.

e. Charlotte Harbor Region – 100 spotted seatrout.

f. Southwest Region – 100 spotted seatrout.

g. Southeast Region – 100 spotted seatrout.

h. Indian River Lagoon Region – 100 spotted seatrout.

i. Northeast Region – 100 spotted seatrout.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.004, Amended 7-1-00, 2-1-12, 9-1-13, 2-26-20, 4-1-26.

Fla. Admin. Code R. 68B-37.005 Seasons

(1) Recreational Closed Seasons –

Except as provided in paragraphs (1)(a) and (1)(b), there is no closed season for the recreational harvest of spotted seatrout.

(a) Panhandle Region – A person may not harvest or land a spotted seatrout from within or without Florida Waters of the Panhandle Region or possess a spotted seatrout in or on Florida Waters of the Panhandle Region beginning February 1 and continuing through the last day of February each year.

(b) Indian River Lagoon Region – A person may not harvest or land a spotted seatrout from within or without Florida Waters of the Indian River Lagoon Region or possess a spotted seatrout in or on Florida Waters of the Indian River Lagoon Region beginning November 1 and continuing through December 31 each year.

(2) Commercial Open Seasons – The harvest, landing, and possession of spotted seatrout for commercial purposes shall be limited each year to the period established in this subsection within the following identified regions:

(a) Panhandle Region – Beginning June 1 and continuing through October 31.

(b) Big Bend Region – Beginning June 1 and continuing through October 31.

(d) Sarasota Bay Region – Beginning June 1 and continuing through October 31.

(e) Charlotte Harbor Region – Beginning June 1 and continuing through October 31.

(f) Southwest Region – Beginning June 1 and continuing through October 31.

(g) Southeast Region – Beginning June 1 and continuing through October 31.

(h) Indian River Lagoon Region – Beginning May 1 and continuing through September 30.

(i) Northeast Region – Beginning June 1 and continuing through November 30.

(3) Commercial Closed Seasons – A commercial harvester may not harvest, possess, or land a spotted seatrout for commercial purposes from within or without Florida Waters of a region during the specified closed seasons for spotted seatrout for each region established in this subsection:

(a) Panhandle Region – Beginning November 1 and continuing through May 31 of the following year.

(b) Big Bend Region – Beginning November 1 and continuing through May 31 of the following year.

(d) Sarasota Bay Region – Beginning November 1 and continuing through May 31 of the following year.

(e) Charlotte Harbor Region – Beginning November 1 and continuing through May 31 of the following year.

(f) Southwest Region – Beginning November 1 and continuing through May 31 of the following year.

(g) Southeast Region – Beginning November 1 and continuing through May 31 of the following year.

(h) Indian River Lagoon Region – Beginning October 1 and continuing through April 30 of the following year.

(i) Northeast Region – Beginning December 1 and continuing through May 31 of the following year.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.005, Amended 2-1-12, 9-1-13, 2-26-20, 4-1-26.

Fla. Admin. Code R. 68B-37.006 Allowed and Prohibited Gear and Method of Harvest; Restriction on Simultaneous Possession of Spotted Seatrout and Certain Types of Gear

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a spotted seatrout within or without Florida Waters only by or with the use of a cast net or hook and line gear.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest a spotted seatrout within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest spotted seatrout within or without Florida Waters.

(3) Simultaneous Possession – A person may not possess a spotted seatrout within or without Florida waters aboard a vessel with a gill net or entangling net on board.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.006, Amended 2-1-12, 9-1-13.

Fla. Admin. Code R. 68B-37.007 Purchase and Sale Prohibitions

Sale of spotted seatrout shall adhere to the following restrictions.

(1) Except as provided in subsection (3), a seafood dealer in a region where the commercial spotted seatrout season is closed pursuant to subsection 68B-37.005(3), F.A.C, may only possess or sell spotted seatrout within the first 30 days after the start of the applicable commercial spotted seatrout closed season, provided that such spotted seatrout were legally harvested during the applicable commercial open season specified in subsection 68B-37.005(2), F.A.C. The burden shall be upon any seafood dealer possessing spotted seatrout to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading. Seafood dealers shall maintain the documentation establishing the chain of possession and promptly produce such documentation at the request of any duly authorized law enforcement officer.

(2) For purposes of this rule, the following counties are included in the regions:

(a) Panhandle Region includes Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, and Washington counties.

(b) Big Bend Region includes Alachua, Bradford, Gilchrist, Citrus, Columbia, Dixie, Hamilton, Hernando, Jefferson, Lafayette, Leon, Levy, Madison, Pasco, Pinellas (north of 28°09.350’ North Latitude), Sumter, Suwannee, Taylor, Union, and Wakulla counties.

(c) Tampa Bay Region includes Hillsborough, Manatee (north of State Road 64), and Pinellas (south of 28°09.350’ North Latitude) counties.

(d) Sarasota Bay Region includes Manatee County (south of State Road 64 and west of 82°22.500’ West Longitude), and Sarasota County (west of 82°22.500’ West Longitude and north of 27°04.727’ North Latitude).

(e) Charlotte Harbor Region includes Charlotte, Collier (north of 26°15.227’ North Latitude), DeSoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee (south of State Road 64 and east of 82°22.500’ West Longitude), Polk, and Sarasota (east of 82°22.500’West Longitude and south of 27°04.727’ North Latitude) counties.

(f) Southwest Region includes Collier (south of 26°15.227’ North Latitude), Miami-Dade (within the boundary of Everglades National Park), and Monroe counties.

(g) Southeast Region includes Broward, Miami-Dade (excluding Everglades National Park), and Palm Beach counties.

(h) Indian River Lagoon Region includes Brevard, Indian River, Martin, Okeechobee, Osceola, St. Lucie, and Volusia (south of Lytle Avenue/South Causeway (State Road A1A), south of State Road 44, and east of I-95) counties.

(i) Northeast Region includes Baker, Clay, Duval, Flagler, Lake, Marion, Nassau, Orange, Putnam, Seminole, St. Johns and Volusia (north and west of the Indian River Lagoon region, as described in paragraph (2)(h)) counties.

(3) A seafood dealer may import spotted seatrout from outside Florida during the open or closed commercial season. However, the burden shall be upon any person possessing imported spotted seatrout to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such spotted seatrout originated from a point outside Florida and entered the state in interstate commerce. Failure to maintain the documentation establishing the chain of possession or to promptly produce such documentation at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-26-20, 4-1-26.

Chapter 68B-38 SHRIMPING AND TRAPPING: CLOSED AREAS AND SEASONS

Fla. Admin. Code R. 68B-38.001 Citrus-Hernando Shrimping and Trapping Closed Areas and Seasons

(1) For purposes of regulating shrimping and trapping in the state waters of Citrus and Hernando Counties, five zones are hereby established as described in subsection (2), and depicted on the following map:

(2) The zones established in subsection (1), are described as follows:

(a) ZONE I – Bounded by a continuous line connecting the following points expressed by latitude and longitude:

North

West

Point

Latitude

Longitude

28°59.500'

82°50.410'

28°59.500'

83°00.166'

28°26.016'

82°59.783'

28°26.016'

82°56.900'

28°27.766'

82°55.150'

28°41.650'

82°55.416'

28°41.650'

82°56.150'

28°48.933'

82°56.316'

28°54.080'

82°51.100'

28°54.080'

82°47.500'

28°57.910'

82°47.530

28°59.410'

82°50.410

Thence northerly to Point A

(b) ZONE II – Bounded by a continuous line connecting the following points expressed by latitude and longitude:

North

West

Point

Latitude

Longitude

28°54.080'

82°47.500'

28°54.080'

82°51.100'

28°50.983'

82°54.266'

28°41.650'

82°53.933'

28°41.650'

82°45.100'

28°43.530'

82°45.220'

28°44.380'

82°46.710'

Thence northerly to Point I

North

West

Point

Latitude

Longitude

28°40.000'

82°53.133'

28°40.000'

82°47.966'

28°35.233'

82°47.783'

28°30.850'

82°52.150'

28°30.850'

82°52.916'

Thence northerly to Point P

(d) ZONE IV – Bounded by a continuous line connecting the following points expressed by latitude and longitude:

North

West

Point

Latitude

Longitude

28°41.650'

82°55.416'

28°41.650'

82°53.200'

28°30.850'

82°52.916'

28°30.850'

82°55.183'

Thence northerly to Point E

(e) ZONE V – Bounded by a continuous line connecting the following points expressed by latitude and longitude:

North

West

Point

Latitude

Longitude

28°41.650'

82°56.150'

28°48.933'

82°56.316'

28°50.983'

82°54.266'

28°41.650'

82°53.933'

Thence west to Point F

(3) No person shall operate any trawl in the following zones during the time periods indicated:

(a) ZONES I and III – Beginning on October 5 of each year and continuing through May 20 of the following year.

(b) ZONE IV – Beginning on December 2 of each year and continuing through April 1 of the following year.

(4) No person shall fish with, set, or place any trap in the following zones during the time periods indicated:

(a) ZONE II – Beginning on October 5 of each year and continuing through May 20 of the following year.

(b) ZONE IV – Beginning on October 5 of each year and continuing through December 1 of the same year and beginning on April 2 of each year and continuing through May 20 of the same year.

(c) ZONE V – Beginning on October 5 of each year and continuing through November 30 of the same year and beginning on March 16 of each year and continuing through May 20 of the same year.

(5) This rule shall not be construed as allowing shrimping or trapping in areas or during times as may be otherwise prohibited by law or rule.

(6) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom.

(7) “Trapping” means deployment of any device for harvesting crabs, fish, or other animals, which device captures by entrapping such animals within its walls, including, but not limited to any trap authorized in Rule 68B-4.020, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-89, Amended 2-24-98, Formerly 46-38.001, Amended 7-1-03, 3-1-05.

Fla. Admin. Code R. 68B-38.002 Southwest Florida Seasonal Shrimp Closures

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-89, Amended 2-24-98, 11-16-98, 6-1-99, Formerly 46-38.002, Amended 3-1-05, Repealed 8-14-24.

Fla. Admin. Code R. 68B-38.003 Taylor County Shrimp Closure

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-91, Formerly 46-38.003, Amended 8-5-01, 3-1-05, 4-13-17, Repealed 8-14-24.

Chapter 68B-39 MULLET

Fla. Admin. Code R. 68B-39.001 Designation as Restricted Species

Striped mullet and silver mullet are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 9-1-91, 11-16-98, Formerly 46-39.001, Amended 7-1-03.

Fla. Admin. Code R. 68B-39.002 Definitions

As used in this rule chapter:

(1) “East Region” means all Florida Waters of the Atlantic Ocean along the east coast of Florida lying between the Florida-Georgia border and the Monroe-Dade county line, and adjacent federal waters.

(2) “Harvest for commercial purposes” means the taking or harvesting of any striped or silver mullet for purposes of sale or with intent to sell. Striped or silver mullet harvested in excess of the recreational bag limit, shall constitute harvest for commercial purposes.

(3) “Silver mullet” means any fish of the species Mugil curema (white mullet), Mugil trichodon (fantail mullet), or Mugil rubrioculus (redeye mullet), or any part thereof.

(4) “Striped mullet,” also commonly known as black mullet, means any fish of the species Mugil cephalus, or any part thereof.

(5) “Weekend” means that portion of a week commencing at 12:01 a.m. on Saturday and ending at 12:01 a.m. the following Monday.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 10-1-90, 11-16-93, 7-15-96, 3-3-97, 1-1-98, Formerly 46-39.002, Amended 10-7-01, 7-1-03, 5-16-19.

Fla. Admin. Code R. 68B-39.003 Size Limit; Exception; Whole Condition Requirement

(1) Recreational size limit – There is no size limit for striped or silver mullet applicable to recreational harvesters.

(2)(a) Commercial size limit – Except as provided in paragraph (b), a commercial harvester may not harvest or land from Florida Waters or possess in or on Florida Waters a striped mullet smaller than 11 inches fork length.

(b) Exception – A commercial harvester may harvest and possess striped mullet smaller than 11 inches fork length, provided that the quantity of such fish does not exceed 10 percent of the total whole weight of all striped mullet in possession of the harvester at any time.

(3) A commercial harvester shall land each striped or silver mullet in whole condition. A commercial harvester may not possess within or without Florida Waters a striped or silver mullet that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned unless such striped or silver mullet has been previously landed. This provision will not be construed to prohibit the evisceration (gutting) of a striped or silver mullet or removal of gills from a striped or silver mullet.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Formerly 46-39.003, Amended 7-1-03, 5-16-19.

Fla. Admin. Code R. 68B-39.004 Recreational Bag Limit; Seasonal Vessel Limits

(1) Recreational Bag Limit – Except as provided in Rule 68B-39.0045, F.A.C. for portions of Pinellas County, and Rule 68B-39.0046, F.A.C. for portions of Charlotte County, a recreational harvester may not harvest or possess within or without Florida Waters or land more than a total of 50 striped and silver mullet in aggregate per day, subject to the vessel possession limits specified in paragraphs (2)(a) and (b).

(2) Recreational Vessel Limits –

(a) During the period beginning September 1 each year and continuing through January 31 of the following year, the possession of more than 50 striped and silver mullet in aggregate aboard a vessel in or on Florida Waters at any time is prohibited.

(b) During the period beginning February 1 and continuing through August 31 each year, the possession of more than 100 striped and silver mullet in aggregate aboard a vessel with two or more recreational harvesters, in or on Florida Waters at any time is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 9-1-91, 10-5-92, Formerly 46-39.004, Amended 3-30-00, 7-1-03, 5-16-19.

Fla. Admin. Code R. 68B-39.0041 Commercial Limits: Seasonal, Regional, and Weekend Limits

(1) Striped mullet –

(a) Except as provided in paragraph (1)(b) and Rule 68B-39.0045, 68B-39.0046, or 68B-39.008, F.A.C., a commercial harvester is not subject to a daily bag limit for striped mullet.

(b) During the period beginning November 1 each year and continuing through January 31 of the following year, a commercial harvester may not harvest striped mullet in excess of the recreational bag and vessel limits established by Rule 68B-39.004, F.A.C., from the following waters:

In Manatee County, all waters of the Manatee River upstream of a line extending from a point at the eastern side of the mouth of Warner East Bayou (27°30.588'N, 82°37.098'W) in a northeasterly direction to a point at the eastern side of the mouth of Snead Island Cut (27°31.424'N, 82°36.637'W).
In Charlotte County, on the Peace River, upstream of a line extending from Mangrove Point (26°53.590'N, 82°05.510'W) in a northwesterly direction to a point on the shoreline at the northern bank of the eastern mouth of Myakka Cutoff (26°56.018'N, 82°08.018'W).
In Charlotte County, all of Coral Creek upstream of its mouth on Gasparilla Sound, defined as a straight line between a point at 26°49.797'N, 82°15.742'W and a point at 26°49.797'N, 82°15.661'W.

(2) Silver mullet –

(a) Except as provided in paragraph (2)(b) and in rule 68B-39.008, F.A.C., a commercial harvester is not subject to a daily bag limit for silver mullet.

(b)1. On any weekend during the period beginning July 1 each year and continuing through January 31 of the following year, the harvest for commercial purposes of silver mullet is prohibited. On any such weekend all harvesters are subject to the recreational bag, possession, and landing limits specified in Rule 68B-39.004, F.A.C.

A commercial harvester who has lawfully harvested silver mullet prior to the beginning of any such weekend may possess, aboard a vessel, silver mullet in quantities greater than the recreational bag limit after the weekend begins, if the vessel is tied up to the docking facilities of a licensed wholesale saltwater products dealer, the vessel was docked at the facility prior to the beginning of the weekend, and the person is in the process of landing the silver mullet at the dealer’s facility.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-16-19.

Fla. Admin. Code R. 68B-39.0045 Striped Mullet: Seasonal Recreational and Commercial Bag Limit for Portion of Pinellas County

(1) During the period beginning October 1 each year and continuing through January 31 of the following year, no recreational or commercial harvester may harvest or possess within the areas described in subsection (2), more than five striped mullet per day. During this period, the possession of more than five striped mullet aboard a vessel in these areas is prohibited, regardless of the number of recreational or commercial harvesters aboard.

(2) The closure area shall include all of the following waters:

(a)1. Riveria Bay and Bayou Grande, commonly known as Papy’s Bayou, together with their interconnecting waters.

Placido Bayou, commonly known as Smack’s Bayou, Snell Isle Harbour, and Coffee Pot Bayou, together with the portion of Tampa Bay lying between said Bayous.

(b) All connecting waters west of the following line: Beginning at the easternmost point of Second Avenue NE and extending 1,013 feet (338 yards) into Tampa Bay to 27°46.417'N, 82°37.347'W, then proceeding north to Coffee Pot Bayou Daybeacon 3 (27°47.117'N, 82°36.931'W); then proceeding north to Smacks Bayou Daybeacon 3 (27°47.407'N, 82°36.377'W); then proceeding in a northerly direction along a line 200 yards east of the shoreline and running parallel to the shoreline to a point approximately 750 north of the southern edge of Weedon Island at 27°49.643'N, 82°35.444'W.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-5-92, Formerly 46-39.0045, Amended 7-1-03, 4-13-17, 5-16-19.

Fla. Admin. Code R. 68B-39.0046 Striped Mullet: Seasonal Night Harvest Prohibition for Portion of Charlotte County (Punta Gorda)

(1) During the period beginning on November 1 each year and continuing through the last day of February of the following year, no recreational or commercial harvester shall harvest or attempt to harvest any striped mullet within the area described in subsection (2), during the period beginning 6:00 p.m. each evening and continuing until 6:00 a.m. the following morning. No person may possess any striped mullet in or on the waters of the area during this nightly closure.

(2) The provisions of subsection (1) apply within the following described area of Punta Gorda, Charlotte County, Florida:

Beginning at 26°55.578'N, 82°04.232'W, then proceeding due north to 26°55.618'N, 82°04.232'W, then proceeding westerly, southerly, and easterly along a line parrallel to and 300 feet seaward of the shoreline to 26°52.437'N, 82°03.618'W, then proceeding easterly to 26°52.405'N, 82°01.427'W, then proceeding northerly to 26°53.466'N, 82°01.394'W at the western right-of-way of U.S. Highway 41, then proceeding northwesterly along the western right-of-way of U.S. Highway 41 to 26°55.455'N, 82°02.847'W, then proceeding westerly to 26°55.473'N, 82°03.751'W, then proceeding due north to 26°55.578'N, 82°03.751'W, then proceeding due west to the point of beginning.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-24-98, Formerly 46-39.0046, Amended 7-1-03, 5-16-19.

Fla. Admin. Code R. 68B-39.0047 Allowable Harvesting Gear

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-3-97, Amended 1-1-98, 11-16-98, 12-31-98, Formerly 46-39.0047, Amended 12-2-99, 7-1-01, 7-1-03, Repealed 5-16-19.

Fla. Admin. Code R. 68B-39.005 Silver Mullet: Commercial Closed Season

During the period beginning February 1 and continuing through the last day of February each year, the harvest for commercial purposes of silver mullet in the East Region is prohibited. During this period in this region, all harvesters are subject to the recreational bag, possession, and landing limits specified in Rule 68B-39.004, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 10-1-90, 9-1-91, 11-16-93, 3-3-97, 11-16-98, Formerly 46-39.005, Amended 7-1-03, 7-13-08, 4-13-17, 5-16-19.

Fla. Admin. Code R. 68B-39.006 Allowable Gear; Prohibited Gear

(1) A person may harvest or attempt to harvest striped mullet or silver mullet only by or with the use of the following gear:

(a) Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet, provided that no more than two such nets shall be fished from any vessel at any time.

(b) Beach or haul seine with a total area (the mesh area plus the area of any other attached material that adds to the fishing surface of the net) no larger than 500 square feet, provided that no more than two such nets unconnected shall be fished from any vessel at any time.

(d) Snagging or snatch hooking.

(e) Spearing; except spearfishing is prohibited in fresh water.

(2) The simultaneous possession of any species of mullet (genus Mugil) in excess of the recreational bag limit specified in Rule 68B-39.004, F.A.C., and any gill or entangling net is prohibited. Simultaneous possession shall include possession of mullet and gill or entangling nets on separate vessels or vehicles where such vessels or vehicles are operated in coordination with one another, including vessels towed by another vessel.

(3) A person may not harvest or attempt to harvest any striped mullet or silver mullet with gear not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-16-19.

Fla. Admin. Code R. 68B-39.007 Prohibited Purchase and Sale

(1) A person may not purchase or sell any silver mullet harvested on any weekend during the period beginning on July 1 each year and continuing through January 31 of the following year.

(2) A person may may not purchase or sell any silver mullet harvested from waters of the East Region during the period beginning February 1 and continuing through the last day of February each year.

(3) A person may not purchase or sell any striped or silver mullet harvested in waters of the Atlantic Ocean or Gulf of America offshore of the three nautical mile line or offshore of the Everglades National Park Line, as described in Rule 68B-39.008, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-16-19.

Fla. Admin. Code R. 68B-39.008 Striped and Silver Mullet: Areas Closed to Commercial Harvest

A person may not harvest or possess striped or silver mullet for commercial purposes in waters of the Atlantic Ocean or Gulf of America offshore of the three nautical mile line (formerly known as the territorial sea line) or offshore of the Everglades National Park Line, which shall commence at a point on the three nautical mile line at 25°47.342'N, 81°33.184'W, thereafter going due northeast to 25°49.209'N, 81°31.099'W, thereafter going in a southerly direction following the Western boundary of the Everglades National Park to the lighted buoy #2 at 24°52.294'N, 80°53.184'W, thereafter going in a southwesterly direction to a point on the three nautical mile line at 24°51.664'N, 80°53.836'W, at which point it shall terminate.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 10-1-90, 10-5-92, 9-1-93, 11-29-93, 3-3-97, Formerly 46-39.008, Amended 7-1-03, 5-16-19.

Chapter 68B-41 DOLPHIN

Fla. Admin. Code R. 68B-41.001 Designation as a Restricted Species

Dolphin are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-41.002 Definitions

As used in Chapter 68B-41, F.A.C.

(1) “Atlantic Ocean” means all state waters along the east coast of Florida lying between the Florida-Georgia border and 83° West Longitude (near the Dry Tortugas Islands).

(2) “Dolphin” means a fish of the species Coryphaena hippurus or Coryphaena equiselis, or any part thereof.

(3) “Gulf of America” means that body of water north and west of the line described in the definition of “Atlantic Ocean” contained in subsection (1) of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-15-96, 1-1-98, Formerly 46-41.002, Amended 1-3-05, 9-1-13, 5-1-22.

Fla. Admin. Code R. 68B-41.003 Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Condition Requirement and Exception

(1) Recreational Size Limit in the Atlantic Ocean – A recreational harvester may not harvest or land from the Atlantic Ocean or possess in or on the Atlantic Ocean a dolphin that is less than 20 inches in fork length.

(2) Commercial Size Limit in Florida Waters – A commercial harvester may not harvest or land from Florida Waters or possess in or on Florida Waters a dolphin that is less than 20 inches in fork length.

(3) Landed in Whole Condition Requirement – Except as provided elsewhere in this rule, a person harvesting dolphin shall land each dolphin in whole condition. A person may not possess in or on Florida Waters a dolphin that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a dolphin, or removal of gills from a dolphin.

(a) Landed in Whole Condition Exception – Recreational anglers that lawfully harvest dolphin in waters of the Commonwealth of the Bahamas are exempt from the requirement to land dolphin in whole condition under the following conditions:

Skin must remain intact on the entire fillet of any dolphin carcass.
A person or vessel that lawfully harvests dolphin in Bahamian waters and transits through Florida waters must comply with the bag and possession limits specified in 50 C.F.R. §622.277 (as of January 27, 2016). Two fillets of dolphin, regardless of the length of each fillet, is equivalent to one fish.
Valid Bahamian fishing and cruising permits are on board the vessel.
Each person on the vessel has a valid government passport with current stamps and dates from the Commonwealth of the Bahamas.
The vessel is in transit through state waters with fishing gear appropriately stowed. For the purpose of this rule, a vessel is in transit when it is on a direct and continuous course through state waters and no one aboard the vessel fishes in state waters. For the purpose of this rule, fishing gear appropriately stowed means that terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from the down rigger and stowed separately.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.003, Amended 1-3-05, 9-1-13, 9-13-16.

Fla. Admin. Code R. 68B-41.004 Bag and Vessel Limits; Bycatch Allowance

(1) Recreational Limits –

(a) Bag Limit –

Gulf of America. A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 10 dolphin.
Atlantic Ocean. A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 5 dolphin.

(b) Private Vessel Limit –

Gulf of America. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 60 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.
Atlantic Ocean. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 30 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

(c) Vessel for Hire Limit – Possession of more than the daily bag limit of dolphin multiplied by the number of customers fishing aboard any Vessel for Hire is prohibited. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limit. In all Florida Waters of the Gulf of America and Atlantic Ocean, the daily bag and possession limit for captains and crew on for-hire vessels is zero.

(2) Commercial Limits –

(a) Atlantic Ocean – Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from the Atlantic Ocean pursuant to a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii) (as of January 3, 2005) in addition to a valid saltwater products license with a restricted species endorsement. In the Atlantic Ocean, a commercial harvester must comply with all federal dolphin limits that would otherwise apply to the commercial harvester in federal waters.

(b) Other Florida Waters – Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from Florida Waters other than the Atlantic Ocean.

(c) Bycatch Allowance – A commercial harvester may not harvest or land per day or possess more than 10 dolphin that were harvested pursuant to subsection 68B-41.006(3), F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.004, Amended 1-3-05, 9-1-13, 5-1-22.

Fla. Admin. Code R. 68B-41.005 Seasons

There is no closed season for dolphin.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 1-1-98, Formerly 46-41.005, Amended 9-1-13.

Fla. Admin. Code R. 68B-41.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a dolphin within or without Florida Waters only by or with the use of hook and line gear and spearing.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a dolphin from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use longline gear to harvest or attempt to harvest a dolphin from Florida Waters.

(3) Bycatch Exception – Notwithstanding subsection (1), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a dolphin captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1) if the gear is being used to lawfully harvest another target species, only to the limit specified paragraph 68B-41.004(2)(c), F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a dolphin by or with the use of any gear or method that is not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-05, Amended 9-1-13.

Fla. Admin. Code R. 68B-41.007 Prohibited Sale; Vessel for Hire Exception

(1) The captain of a Vessel for Hire may sell a dolphin that was harvested aboard a charter vessel pursuant to subsection 68B-41.004(1), F.A.C., if the captain is properly licensed (by both state and federal authorities) to harvest dolphin for commercial purposes.

(2) Dolphin harvested from Bahamian waters and transited to Florida pursuant to the requirements specified in paragraph 68B-41.003(3)(a), F.A.C., may not be sold or purchased.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 9-13-16.

Fla. Admin. Code R. 68B-41.009 License Requirements for Commercial Harvest

A person may not harvest a dolphin for commercial purposes from the Atlantic Ocean, unless they possess a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii) in addition to a valid Saltwater Products License with a Restricted Species Endorsement issued pursuant to Section 379.361(2)(b), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-42 MARINE LIFE

Fla. Admin. Code R. 68B-42.001 Purpose and Intent; Designation of Restricted Species; Definition of “Marine Life Species”

(1)(a) The purpose and intent of this chapter are to protect and conserve Florida’s tropical marine life resources and assure the continuing health and abundance of these species. The further intent of this chapter is to assure that harvesters in this fishery use nonlethal methods of harvest and that the fish, invertebrates, and plants so harvested be maintained alive for the maximum possible conservation and economic benefits.

(b) It is the express intent of the Fish and Wildlife Conservation Commission that landing of live rock propagated through aquaculture will be allowed pursuant to the provisions of this chapter.

(c) The Commission may issue Special Activity Licenses pursuant to Chapter 68B-8, F.A.C., to authorize activities that are otherwise prohibited by this chapter.

(2) The following fish species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(32), F.S.:

(a) Moray eels – Any species of the Family Muraenidae.

(b) Snake eels – Any species of the Genera Myrichthys and Myrophis of the Family Ophichthidae.

(d) Frogfish – Any species of the Family Antennariidae.

(e) Batfish – Any species of the Family Ogcocephalidae.

(f) Clingfish – Any species of the Family Gobiesocidae.

(g) Trumpetfish – Any species of the Family Aulostomidae.

(h) Cornetfish – Any species of the Family Fistulariidae.

(i) Pipefish/seahorses – Any species of the Family Syngnathidae.

(j) Hamlet/seabass – Any species of the Family Serranidae, except groupers of the genera Epinephalus and Mycteroperca, seabass of the genus Centropristis, and longtail bass, Hemanthias leptus, sand perch, Diplectrum formosum, and dwarf sand perch, Diplectrum bivittatum.

(k) Basslets – Any species of the Family Grammatidae.

(l) Cardinalfish – Any species of the Family Apogonidae.

(m) Porkfish – Anisotremus virginicus.

(n) High-hat, Jackknife-fish, Spotted drum, Cubbyu – Any species of the genus Equetus of the Family Sciaenidae.

(o) Reef Croakers – Any of the species Odontoscion dentex.

(p) Sweepers – Any species of the Family Pempheridae.

(q) Butterflyfish – Any species of the Family Chaetodontidae.

(r) Angelfish – Any species of the Family Pomacanthidae.

(s) Damselfish – Any species of the Family Pomacentridae.

(t) Hawkfish – Any species of the Family Cirrhitidae.

(u) Wrasse/hogfish/razorfish – Any species of the Family Labridae, except hogfish, Lachnolaimus maximus.

(v) Parrotfish – Any species of the Family Scaridae.

(w) Jawfish – Any species of the Family Opistognathidae.

(x) Blennies – Any species of the Families Clinidae or Blenniidae.

(y) Sleepers – Any species of the Family Eleotridae.

(z) Gobies – Any species of the Family Gobiidae.

(aa) Tangs and surgeonfish – Any species of the Family Acanthuridae.

(bb) Filefish/triggerfish – Any species of the Family Balistidae, except gray triggerfish, Balistes capriscus, ocean triggerfish, Canthidermis sufflamen, and unicorn filefish, Aluterus monoceros.

(cc) Trunkfish/cowfish – Any species of the Family Ostraciidae.

(dd) Pufferfish/burrfish/balloonfish/porcupinefish – Any of the following species:

Balloonfish – Diodon holocanthus.
Sharpnose puffer – Canthigaster rostrata.
Striped burrfish – Chilomycterus schoepfi.
Porcupinefish – Diodon hystrix.
Spotted burrfish – Chilomycterus atringa.

(ee) Black brotula – Stygnobrotula latebricola.

(ff) Key brotula – Ogilbia cayorum.

(gg) Blackbar soldierfish – Myripristis jacobus.

(hh) Yellow stingray – Urobatis jamaicensis.

(3) The following invertebrate species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(32), F.S.:

(a) Sponges – Any species of the Class Demospongiae, except sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges, Order Dictyoceratida.

(b) Upside-down jellyfish – Any species of the Genus Cassiopea.

(d) Soft corals – Any species of the Subclass Octocorallia, except sea fans Gorgonia flabellum and Gorgonia ventalina.

(e) Sea anemones – Any species of the Orders Actiniaria, Zoanthidea, Corallimorpharia, and Ceriantharia.

(f) Featherduster worms/calcareous tubeworms – Any species of the Families Sabellidae and Serpulidae.

(g) Starsnails – Any of the species Lithopoma americanum, Lithopoma tectum, or Astralium phoebium.

(h) Nudibranchs/sea slugs – Any species of the Subclass Opisthobranchia.

(i) Fileclams – Any species of the Genus Lima.

(j) Octopods – Any species of the Order Octopoda, except the common octopus, Octopodus vulgaris.

(k) Shrimp – Any of the following species:

Cleaner shrimp and peppermint shrimp – Any species of the Genera Ancylomenes or Lysmata.
Coral shrimp – Any species of the Genus Stenopus.
Snapping shrimp – Any species of the Family Alpheidae.

(l) Crabs – Any of the following species:

Yellowline arrow crab – Stenorhynchus seticornis.
Furcate spider or decorator crab – Stenocionops furcatus.
Blue-legged or tricolor hermit crab – Clibanarius tricolor.
Thinstripe hermit crab – Clibanarius vittatus.
Polkadotted hermit crab – Phimochirus operculatus.
Spotted porcelain crab – Porcellana sayana.
Nimble spray or urchin crab – Percnon gibbesi.
False arrow crab – Metoporhaphis calcarata.

(m) Starfish – Any species of the Class Asteroidea, except the Bahama starfish, Oreaster reticulatus.

(n) Brittlestars – Any species of the Class Ophiuroidea.

(o) Sea urchins – Any species of the Class Echinoidea, except longspine urchin, Diadema antillarum, and sand dollars and sea biscuits, Order Clypeasteroida.

(p) Sea cucumbers – Any species of the Class Holothuroidea.

(q) Sea lilies – Any species of the Class Crinoidea.

(r) Red mithrax crab – Mithraculus ruber.

(s) Red-ridged clinging crab – Mithraculus forceps.

(t) Green clinging or emerald crab – Mithraculus sculptus.

(u) Hermit Crabs – Any species of the families Diogenidae (left-handed hermit crabs) or Paguridae (right-handed hermit crabs) or Parapaguridae (deepwater hermit crabs) or Pylochelidae (symmetrical hermit crabs).

(v) Nassarius snails – Any species of the genus Nassarius.

(4) The following species of plants, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(32), F.S.:

(a) Caulerpa – Any species of the Family Caulerpaceae.

(b) Halimeda/mermaid’s fan/mermaid’s shaving brush – Any species of the Family Udoteaceae.

(5) For the purposes of Section 379.361(2)(j), F.S., the term “marine life species” is defined to mean those species designated as restricted species in subsections (2), (3), and (4), of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 6-1-99, Formerly 46-42.001, Amended 10-7-01, 7-1-09, 11-1-12.

Fla. Admin. Code R. 68B-42.002 Definitions

As used in this rule chapter:

(1) “Barrier net,” also known as a “fence net,” means a seine used beneath the surface of the water by a diver to enclose and concentrate tropical fish and which may be made of either nylon or monofilament.

(2) “Colony” means a continuous group of octocoral polyps forming a single unit.

(3) “Commercial quantities” means any amount of marine life harvested or possessed for the purposes of sale or with intent to sell or in excess of the recreational bag limit.

(4) “Diving” means swimming at or below the surface of the water.

(5) “Drop net” means a small, usually circular, net with weights attached along the outer edge and a single float in the center, used by a diver to enclose and concentrate tropical fish.

(6) “Fork Length” means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail.

(7) “Hand held net” means a landing or dip net as defined in subsection 68B-4.002(4), F.A.C., except that a portion of the bag may be constructed of clear plastic material, rather than mesh.

(8) “Harvest” means the catching or taking of a marine organism by any means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a marine animal for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such animal, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize.

(9) “Harvest for commercial purposes” means the taking or harvesting of any tropical ornamental marine life species or tropical ornamental marine plant for purposes of sale or with intent to sell. The harvest of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limit shall constitute a violation of this rule.

(10) “Immediate family” refers to a license holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(11) “Land,” when used in connection with the harvest of marine organisms, means the physical act of bringing the harvested organism ashore.

(12) “Live rock” means rock with living marine organisms attached to it and includes any formations created by tube worms of the family Sabellariidae.

(13) “Octocoral” means any erect, nonencrusting species of the Subclass Octocorallia, except the species Gorgonia flabellum and Gorgonia ventalina.

(14) “Power tool” means anything other than a hand-powered tool. Prohibited devices include but are not limited to electric, gas, hydraulic or air-powered tools.

(15) “Slurp gun” means a self-contained, handheld device that captures tropical fish by rapidly drawing seawater containing such fish into a closed chamber.

(16) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(17) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom. “Roller frame trawl” means a trawl with all of the following features and specifications:

(a) A rectangular rigid frame to keep the mouth of the trawl open while being towed.

(b) The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any obstructions while being towed.

(d) The trawl is towed by attaching a line or towing cable to a tongue located above or at the center of the upper horizontal beam of the frame.

(e) The trawl has no doors attached to keep the mouth of the trawl open.

(18) “Tropical fish” means any species included in subsection (2) of Rule 68B-42.001, F.A.C., or any part thereof.

(19) “Tropical ornamental marine life species” means any species included in subsection (2) or (3) of Rule 68B-42.001, F.A.C., or any part thereof.

(20) “Tropical ornamental marine plant” means any species included in subsection (4) of Rule 68B-42.001, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.002, Amended 2-1-05, 7-1-06, 7-1-09, 10-31-11, 11-1-12.

Fla. Admin. Code R. 68B-42.003 Prohibition of Harvest: Longspine Urchin, Bahama Starfish

No person shall harvest or possess within or without the waters of the state, or land any of the following species:

(1) Longspine urchin, Diadema antillarum.

(2) Bahama starfish, Oreaster reticulatus.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, Formerly 46-42.003, Amended 10-31-11.

Fla. Admin. Code R. 68B-42.0035 Live Landing and Live Well Requirements

(1) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant within or without state waters shall land such marine organism alive.

(2) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant within or without state waters shall have aboard the vessel being used for such harvest a continuously circulating live well or aeration or oxygenation system of adequate size and capacity to maintain such harvested marine organisms in a healthy condition.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0035, Amended 10-31-11.

Fla. Admin. Code R. 68B-42.0036 Closed Areas

(1) No person shall harvest any tropical ornamental marine life species or any tropical ornamental marine plant within Biscayne National Park, unless such person possesses a valid collecting permit issued by the superintendent of the park.

(2) For purposes of this rule, the term “Biscayne National Park” shall mean all waters lying within the boundaries of the park as described in subsection 68B-28.004(2), F.A.C.

(3) Except as provided in paragraphs (b) and (c), a person may not harvest or possess any tropical ornamental marine life species or any tropical ornamental marine plant within the Blue Heron Bridge Special Marine Life Area.

(a) For the purposes of this subsection, “Blue Heron Bridge Special Marine Life Area” means Phil Foster County Park in Palm Beach County and all waters lying within the following geographical boundary:

Point

Latitude

Longitude

26°46.917'N

80°2.713'W

26°46.917'N

80°2.388'W

26°47.161'N

80°2.382'W

26°47.161'N

80°2.713'W

(b) Tropical ornamental marine life species and tropical ornamental marine plants lawfully harvested outside the Blue Heron Bridge Special Marine Life Area may be transported directly through the Blue Heron Bridge Special Marine Life Area aboard a motorized vessel, provided that the vessel is in continuous and direct transit through the described area.

(c) Tropical ornamental marine life species and tropical ornamental marine plants lawfully harvested outside of the Blue Heron Bridge Special Marine Life Area may be landed within the described area only by motorized vessel at the public boat ramp or public docks located at Phil Foster County Park or at a private residence within the described area. Any tropical ornamental marine life species or tropical ornamental marine plant possessed within Phil Foster County Park pursuant to this paragraph must be maintained alive in a continuously circulating live well or aeration or oxygenation system of adequate size and capacity to maintain such harvested marine organisms in a healthy condition.

(4) No person shall harvest or possess any octocorals in the following areas:

(a) Federal Exclusive Economic Zone (EEZ) waters of the Atlantic Ocean north of 28°35.100'North Latitude (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL).

(b) Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern.

(5) For the purposes of this rule, the term “Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean the portion of the Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern that occurs south of 28°35.110' North Latitude, which includes all waters lying within the following geographical boundary beginning at point 1, following each point until point 53 is reached, then following the eastern boundary of the EEZ back to the point of beginning:

Point

Latitude

Longitude

28°17'16"N

79°0'0"W

28°35'06"N

79°0'0"W

28°35'06"N

79°49'18"W

28°30'37"N

79°48'35"W

28°14'00"N

79°46'20"W

28°11'41"N

79°46'12"W

28°08'02"N

79°45'45"W

28°01'20"N

79°45'20"W

27°58'13"N

79°44'51"W

27°56'23"N

79°44'53"W

27°49'40"N

79°44'25"W

27°46'27"N

79°44'22"W

27°42'00"N

79°44'33"W

27°36'08"N

79°44'58"W

27°30'00"N

79°45'29"W

27°29'04"N

79°45'47"W

27°27'05"N

79°45'54"W

27°25'47"N

79°45'57"W

27°19'46"N

79°45'14"W

27°17'54"N

79°45'12"W

27°12'28"N

79°45'00"W

27°07'45"N

79°46'07"W

27°04'47"N

79°46'29"W

27°00'43"N

79°46'39"W

26°58'43"N

79°46'28"W

26°57'06"N

79°46'32"W

26°49'58"N

79°46'54"W

26°48'58"N

79°46'56"W

26°47'01"N

79°47'09"W

26°46'04"N

79°47'09"W

26°35'09"N

79°48'01"W

26°33'37"N

79°48'21"W

26°27'56"N

79°49'09"W

26°25'55"N

79°49'30"W

26°21'05"N

79°50'03"W

26°20'30"N

79°50'20"W

26°18'56"N

79°50'17"W

26°16'19"N

79°54'06"W

26°13'48"N

79°54'48"W

26°12'19"N

79°55'37"W

26°10'57"N

79°57'05"W

26°09'17"N

79°58'45"W

26°07'11"N

80°00'22"W

26°06'12"N

80°00'33"W

26°03'26"N

80°01'02"W

26°00'35"N

80°01'13"W

25°49'10"N

80°00'38"W

25°48'30"N

80°00'23"W

25°46'42"N

79°59'14"W

25°27'28"N

80°02'26"W

25°24'06"N

80°01'44"W

25°21'04"N

80°01'27"W

25°21'04"N

79°42'04"W

(6) For the purposes of this rule, the term “Pourtales Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean all waters lying within the following geographical boundary coordinates:

Point

Latitude

Longitude

Origin

24°20'12"N

80°43'50"W

24°33'42"N

80°34'23"W

24°37'45"N

80°31'20"W

24°47'18"N

80°23'08"W

24°51'08"N

80°27'58"W

24°42'52"N

80°35'51"W

24°29'44"N

80°49'45"W

24°15'04"N

81°07'52"W

24°10'55"N

80°58'11"W

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0036, Amended 10-31-11, 4-13-17, 4-1-19.

Fla. Admin. Code R. 68B-42.004 Size Limits

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2) Angelfishes:

(a) No person shall harvest, possess, or land any of the following species of angelfish (Family Pomacanthidae), of total length outside of the limits specified below:

A minimum of one-and-one-half (1 1/2) inches and a maximum of eight (8) inches for any species (including hybrids) of the Genus Pomacanthus.
A minimum of one-and-three-quarters (1 3/4) inches and a maximum of eight (8) inches for species (including hybrids) of the Genus Holacanthus, except for the species rock beauty (Holacanthus tricolor).
A minimum of two (2) inches and a maximum of five (5) inches for rock beauty (Holacanthus tricolor).

(b) Except as provided herein, no person shall purchase, sell, or exchange any angelfish outside the limits specified in paragraph (a). This prohibition shall not apply to angelfish legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, which angelfish are entering Florida in interstate or international commerce. The burden shall be upon any person possessing such angelfish for sale or exchange to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such angelfish originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) waters adjacent to Florida waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

(3) Butterflyfishes – No person shall harvest, possess, or land any butterflyfish (Family Chaetodontidae) of total length less than one (1) inch or greater than 4 inches.

(4) Gobies – No person shall harvest, possess, or land any gobie (Family Gobiidae) of total length greater than 2 inches.

(5) Jawfishes – No person shall harvest, possess, or land any jawfish (Family Opistognathidae) of total length greater than 4 inches.

(6) Porkfish – No person shall harvest, possess, or land any porkfish (Anisotremus virginicus) of total length less than 1 1/2 inches.

(7) Cuban (Spotfin) and Spanish hogfish:

(a) No person shall harvest, possess, or land any Spanish hogfish (Bodianus rufus) of total length less than 2 inches.

(b) No person shall harvest, possess, or land any Cuban (spotfin) hogfish (Bodianus pulchellus) of total length less than 3 inches.

(c) No person shall harvest, possess, or land any Spanish hogfish (Bodianus rufus) or Cuban (spotfin) hogfish (Bodianus pulchellus) of total length greater than 8 inches.

(8) Tangs – No person shall harvest, possess, or land any tangs (Family Acanthuridae) of fork length greater than 9 inches.

(9) Parrotfish – No person shall harvest, possess, or land any parrotfish (Family Scaridae) of total length greater than 12 inches.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.004, Amended 6-1-99, 7-1-09, 10-31-11, 11-1-12.

Fla. Admin. Code R. 68B-42.005 Recreational Bag Limit

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2) Except as provided in Rule 68B-42.006, F.A.C., or subsection (3) or (4), of this rule, no person shall harvest, possess, or land more than 20 individuals per day of tropical ornamental marine life species. No more than 5 of any one species, as defined in subsection 68B-42.001(2) and (3), F.A.C., can be harvested within the 20 organism bag limit. No person shall possess more than 40 total marine life organisms anywhere at any time.

(3) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than one (1) gallon per day of tropical ornamental marine plants, in any combination of species. No person shall harvest or possess more than 2 gallons of tropical ornamental plants anywhere at any time.

(4) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than 5 angelfishes (Family Pomacanthidae) per day. Each angelfish shall be counted for purposes of the 20 individual bag limit specified in subsection (1), of this rule.

(5)(a) Except as provided in Rule 68B-42.006, F.A.C., unless the season is closed pursuant to paragraph (b), no person shall harvest, possess, or land more than 6 colonies per day of octocorals. Each colony of octocorals or part thereof shall be considered an individual of the species for purposes of subsection (2), of this rule, and shall be counted for purposes of the 20 individual bag limit specified therein. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(b) If the octocoral quota established in Rule 68B-42.006, F.A.C., is projected to be met prior to September 30 of any year, the season for harvest of octocorals shall close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), F.S.

(6) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than 5 single polyps in the order Corallimorpharia. Each polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(7) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than 5 polyps of the order Zoanthidea. Each zoanthid polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(8) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than 5 ornamental sponges as defined in Rule 68B-42.001, F.A.C. In all waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of America, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge. South of this line, no substrate is allowed.

(9) No person shall harvest, possess, or land giant Caribbean or “pink-tipped” anemones (Genus Condylactis).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 1-1-95, Formerly 46-42.005, Amended 7-1-09, 10-31-11, 11-1-12.

Fla. Admin. Code R. 68B-42.006 Commercial Season, Harvest Limits

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2) Except as provided in Rule 68B-42.008, F.A.C., no person shall harvest, possess, or land quantities of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limits established in Rule 68B-42.005, F.A.C., unless such person is fishing under or harvesting under a valid saltwater products license with both a marine life fishery endorsement and a restricted species endorsement issued by the Fish and Wildlife Conservation Commission.

(3) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for commercial purposes shall have a season that begins on October 1 of each year and continues through September 30 of the following year. These persons shall not harvest, possess, or land tropical ornamental marine life species in excess of the following limits:

(a) A limit of 75 angelfish (Family Pomacanthidae) per person per day or 150 angelfish per vessel per day, whichever is less.

(b) A limit of 50 butterflyfishes (Family Chaetodontidae) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 100 aboard a vessel at any time with two of more unique saltwater license numbers with marine life endorsements aboard.

(c) A limit of 75 porkfish (Anisotremus virginicus) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 150 porkfish aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard.

(d) A limit of 50 Spanish hogfish (Bodianus rufus) and 50 Cuban (spotfin) hogfish (Bodianus pulchellus) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 100 of either aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard.

(e) A limit of 400 dwarf seahorses (Hippocampus zosterae) per person or per vessel per day, whichever is less.

(f) There shall be no limits on the harvest for commercial purposes of octocorals unless and until the season for all harvest of octocorals is closed. The quota for all persons who harvest allowable octocoral is 70,000 colonies. When this quota is projected to be met, the season for harvest of octocorals shall close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), F.S. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(g) A limit of zero (0) giant Caribbean or “pink-tipped” anemones (Genus Condylactis) per unique saltwater product license number bearing a unique marine life endorsement number with a maximum possession limit of zero (0) aboard a vessel at any time with two unique marine life endorsement numbers aboard.

(h) A limit of one gallon of starsnails (Lithopoma americanum, Lithopoma tectum, or Astralium phoebium) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 2 gallons aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard.

(i) A limit of one quart of blue-legged or tricolor hermit crabs (Clibanarius tricolor) per person or per vessel each day, whichever is less.

(j) A limit of 100 single polyps in the order Corallimorpharia per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 200 single corallimorph polyps aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard. These polyps must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(k) A limit of 1 gallon of polyps of the order Zoanthidea per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 2 gallons aboard a vessel at any time with two or more unique saltwater products license numbers with the marine life endorsement aboard. Zoanthid polyps must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(l) A limit of 400 emerald crabs (Mithraculus sculptus) per person or per vessel per day, whichever is less.

(m) A limit of one quart of scarlet reef hermits (Paguristes cadenati) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of two quarts aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard.

(n) There is no harvest limit of ornamental sponges as defined in Rule 68B-42.001, F.A.C., however in all waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of America, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge. South of this line, no substrate is allowed.

(o) A limit of 200 sea cucumbers (Class Holothuroidea) per person or per vessel per day, whichever is less.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, Formerly 46-42.006, Amended 6-1-99, 2-28-02, 7-1-09, 10-31-11, 11-1-12, 6-11-14.

Fla. Admin. Code R. 68B-42.0065 Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability

(1)(a) Beginning in the 2005/2006 license year, in addition to a valid saltwater products license with a valid restricted species endorsement, a marine life tiered endorsement is required to harvest marine life species within or without state waters in quantities greater than the recreational bag limit or to sell marine life species as defined by Rule 68B-42.001, F.A.C.

(b) A marine life endorsement is not required to harvest live rock from a certified state aquaculture lease or federally permitted aquaculture site.

(2) The Commission shall notify all holders of a 2004/2005 saltwater products license with a marine life endorsement of their initial award or denial of a commercial marine life tiered endorsement. Persons will indicate either their acceptance of the initial award on a Marine Life Tiered Endorsement Application (Form DMF-SL4100 (2-05), incorporated herein by reference) or intent to appeal as specified in subsection (14).

(3) Application for issuance of a commercial marine life tiered endorsement (Form DMF-SL4100 (2-05), incorporated herein by reference), must be received by the Commission no later than September 30, 2005. An applicant may be a person, firm, or corporation.

(a) A tiered endorsement applicant must have held a valid marine life endorsement during the 2004/2005 license year. No new marine life tiered endorsement will be issued to an applicant who did not hold a valid saltwater products license with a valid restricted species endorsement and a marine life endorsement pursuant to Section 379.361, F.S., at the time of application or on June 30, 2005.

(b) Qualification for a marine life tiered endorsement shall be determined by landings of marine life species as defined by Rule 68B-42.001, F.A.C., and reported on a valid saltwater products license with a valid restricted species endorsement and a marine life endorsement (ML) and as specified in paragraph (c), of this subsection.

(c) Qualified endorsement applicants must have documented commercial marine life landings, pursuant to Commission trip ticket records generated under the provisions of Rule Chapter 68E-5, F.A.C., during the license year, July 1, 1999 through June 30, 2000; the license year, July 1, 2000 through June 30, 2001; the license year, July 1, 2001 through June 30, 2002; or during the license year, July 1, 2002 through June 30, 2003. Qualifying landings must have been received by the FWC by January 1, 2004.

(d) Landings reported on all the applicant’s individual and vessel saltwater products licenses with the current marine life endorsement will be used to determine an applicant’s eligibility to receive one of the marine life tiered endorsements specified in subsections (4) through (6).

(4) Marine Life Bycatch Endorsement (MLB) – The marine life bycatch endorsement is required to harvest commercial quantities of marine life using bycatch gears as authorized in paragraph 68B-42.007(1)(f), and subsection 68B-42.007(3), F.A.C., which does not include harvest by diving.

(a) An applicant for the marine life bycatch endorsement must have an annual landings value of marine life as defined in paragraph (3)(b), of greater than zero dollars but less than $5,000 during any one of the qualifying years specified in paragraph (3)(c).

(b) A marine life bycatch endorsement will be issued on no more than one of an applicant’s saltwater products licenses in any one license year.

(5) Marine Life Transferable Dive Endorsement (MLD) – The marine life transferable dive endorsement is required to harvest commercial quantities of marine life using all allowable gears as authorized in Rule 68B-42.007, F.A.C., which includes harvest by diving.

(a) No marine life transferable dive endorsement will be issued to an applicant who does not qualify by one of the following methods:

An applicant must have qualified as specified in subsection (3), and have documented commercial marine life landings as defined in paragraph (3)(b) of greater than or equal to $5,000 in any one of the qualifying years specified in paragraph (3)(c), and have documented dive landings during the qualifying years, or
An applicant must hold a live rock state lease or federal permit and have documented live rock landings value of greater than or equal to $5,000 during any one of the qualifying years specified in paragraph (3)(c) and held a marine life endorsement prior to 1998.

(b) A marine life transferable dive endorsement will be issued on no more than two of an applicant’s saltwater products licenses in any one license year, except that an individual who has qualified as specified in subparagraph (a)1., and who has additional landings values of commercial marine life landings pursuant to subsection (3), on a subsequent saltwater products license held by the applicant of greater than $10,000 may place the marine life transferable dive (MLD) on the additional vessel SPL(s) so qualified.

(6) Marine Life Non-transferable Dive Endorsement (MLN) – The marine life non-transferable dive endorsement is required to harvest commercial quantities of marine life by diving as defined in subsection 68B-42.002(3), F.A.C., using dive gears as authorized in paragraphs 68B-42.007(1)(a)-(e), and subsection 68B-42.007(2), F.A.C.

(a) No marine life non-transferable dive endorsements will be issued to an applicant who does not qualify by one of the following methods:

As specified in paragraph (4)(a), or
An applicant must hold a state live rock lease and/or a federal live rock permit and provide documentation of development of the site or sites and must have held a marine life endorsement prior to September 30, 2003.

(b) A marine life non-transferable dive endorsement will be issued on no more than one of an applicant’s saltwater products licenses in any one license year.

(c) A marine life non-transferable dive endorsement (MLN) is not transferable, except in the event of death or permanent disability pursuant to subsection (17).

(7) After initial issuance, no endorsement may be converted from one type to another, except as provided in subsection (12).

(8) No Vested Rights. This marine life effort management program does not create any vested rights for endorsement holders whatsoever and may be altered or terminated by the Commission as necessary to protect the marine life resource, the participants of the fishery, or the public interest.

(9) No person, firm, or corporation shall be issued more than one marine life tiered endorsement type or more than one unique marine life tiered endorsement number.

(10) Effective September 30, 2005, no additional tiered endorsements will be issued and no endorsement will be renewed or replaced except those that were issued pursuant to subsection (4), (5), or (6). Beginning in the 2006/2007 license year, persons holding an endorsement that was active during the 2005/2006 license year or an immediate family member of that person must request renewal of the endorsement before September 30 of each year. Failure to renew by September 30 of any year will result in forfeiture of the endorsement.

(11) Requalifying. Beginning with license year 2010/2011, a person renewing a marine life transferable dive (MLD) endorsement must document landings of $5,000 of marine life species as defined by Rule 68B-42.001, F.A.C., in one of the previous three license years or hold a live rock state lease or federal permit and have documented live rock landings value of greater than or equal to $5,000 during any one of the previous three license years. This endorsement will be valid for three years from the date of documentation used to qualify, but must still be renewed annually as required by subsection (10).

(12) A marine life transferable dive (MLD) endorsement can be converted to a marine life non-transferable dive (MLN) endorsement after the initial issuance. This MLN is not subject to the requalification requirements of subsection (11). This MLN can never be converted back to a MLD.

(13) A permanent marine life transferable dive (MLD) endorsement shall be available to those persons age 62 and older who held a valid MLD in the previous license year, hold a valid saltwater products license and valid restricted species endorsement at the time of application, and renew the permit pursuant to subsection (10).

(14) Appeals. The Director of the Division of Marine Fisheries Management, or one or more designees of the director, shall consider disputes and other problems arising from the initial denial of a commercial marine life tiered endorsement. The Director shall submit a recommendation to the Executive Director of the Commission for resolution of the appeal, which recommendation shall either allot an endorsement to the appellant or uphold the denial of an endorsement.

(a) An appeal of the initial denial or award of a commercial marine life tiered endorsement is initiated by submission and receipt of a completed appeals application (Form DMF-SL4110 (2-05), incorporated herein by reference) to the Director of the Division of Marine Fisheries Management before April 1, 2005.

(b) The burden of proof shall be on an appellant to demonstrate, through copies of trip tickets or other proof of landings, legitimate sales to a licensed wholesale dealer that were not reported by the wholesale dealer during the qualifying years or included in the agency landings database as of January 1, 2004.

Persons who became disabled or can document hardship during the qualifying period, but can provide proof of landings of marine life through trip tickets prior to the qualifying period.
Persons who were serving in the military during the qualifying years, but can provide proof of landings of marine life through trip tickets prior to the qualifying period.
Persons involved in a partnership substantiated by documentation within the qualifying period.

(d) The Executive Director of the Commission may accept or disapprove the recommendations of the Director of the Division of Marine Fisheries Management, with notice given in writing to each party in the dispute explaining the reasons for the final decision. The action of the Executive Director of the Commission constitutes final agency action, and is appealable pursuant to the requirements of Chapter 120, F.S.

(15) Leasing Prohibited. The leasing of marine life endorsements is prohibited.

(16) Transferability. After the initial issuance, the marine life bycatch (MLB) and marine life transferable dive endorsements (MLD) are transferable upon approval of the Commission under the following conditions:

(a) A transferable marine life endorsement may be sold to an otherwise qualified buyer at fair market value upon approval by the Commission.

(b) The buyer must hold a saltwater products license with a valid restricted species endorsement and the seller must hold a transferable marine life tiered endorsement.

(c) The sale or transfer of a marine life transferable dive endorsement (MLD) will result in the forfeiture of the marine life transferable dive endorsement (MLD) on all other licenses held by the seller.

(d) An endorsement holder may elect to permanently forfeit a marine life bycatch endorsement (MLB), a marine life transferable dive endorsement (MLD), or a marine life non-transferable dive endorsement (MLN) to the Commission.

(e) A person who holds a valid marine life bycatch endorsement (MLB) cannot enter into a purchase agreement for a marine life transferable dive endorsement (MLD) until they sell or permanently forfeit the marine life bycatch endorsement (MLB) at the time of transfer.

(f) A marine life bycatch endorsement (MLB) may be transferred, to any person who holds a saltwater products license with a restricted species endorsement.

(g) A marine life transferable dive endorsement (MLD) may be transferred to any person who holds a saltwater products license with a restricted species endorsement.

(h) If the marine life transferable dive endorsement (MLD) has been applied to more than two saltwater products licenses as specified in paragraph (5)(b), only the initial MLD, which serves as an endorsement for no more than two saltwater products licenses, can be transferred. The sale of this portion of the endorsement will result in the forfeiture of the endorsement on all other licenses held by the seller.

(i) The marine life non-transferable dive (MLN) endorsement is not transferable except as specified in subsection (17).

(j) A person who wishes to transfer a tiered endorsement shall submit a notarized statement of intent, that has been signed by both parties to the transaction, hand delivered, or sent by certified mail, return receipt requested, to the Commission between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. A transfer request must be received by the Commission within three days of the date of the notarized signature of the intended recipient. The statement of intent (Form DMF-SL4120 (2-11), Marine Life Endorsement Transfer Form, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-00198, incorporated herein by reference, shall include the following information:

The name, address, and SPL number of seller,
The name, address, and SPL number of buyer; and,
The selling price.

(k) A marine life tiered endorsement shall not be issued, transferred, or renewed until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full within the transfer period.

(l) Upon receipt of a marine life transferable dive endorsement (MLD), the transferee has 12 months from the date of purchase to produce trip tickets and document income from the sale of marine life as defined in Rule 68B-42.001, F.A.C., in order to renew the endorsement. Once renewed, this endorsement will be valid for three years from the date of documentation used to qualify, but must still be renewed annually as required by subsection (10).

(17) In the event of the death or permanent disability of a person holding a marine life tiered endorsement, the endorsement may be transferred by the license holder or the executor of the estate to a member of his or her immediate family within 12 months of the date of death or disability only after the recipient pays any outstanding fees, fines, or penalties to the Commission in full.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-05, Amended 7-1-09, 5-1-11, 10-31-11.

Fla. Admin. Code R. 68B-42.007 Gear Specifications and Prohibited Gear

(1) The following types of gear shall be the only types allowed for the harvest of any tropical fish, whether from state waters or from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters:

(a) Hand held net.

(b) Barrier net, with a total length not exceeding 60 feet, a depth not exceeding 8 feet at any point along the net, and a mesh size not exceeding 3/4 inch stretched mesh.

(d) Slurp gun.

(e) Quinaldine may be used for the harvest of tropical fish if the person using the chemical or possessing the chemical in or on the waters of the state meets each of the following conditions:

The person or corporation must hold a valid MLD or MLN endorsement.
The person also possesses and maintains aboard any vessel used in the harvest of tropical fish with quinaldine a special activity license authorizing the use of quinaldine, issued by the Fish and Wildlife Conservation Commission pursuant to Section 379.2421(6), F.S.
The quinaldine possessed or applied while in or on the waters of the state is in a diluted form of no more than 2% concentration in solution with seawater. Prior to dilution in seawater, quinaldine shall only be mixed with isopropyl alcohol or ethanol.

(f) A roller frame trawl operated by a person possessing a valid live bait shrimping license issued by the Fish and Wildlife Conservation Commission pursuant to Rule 68B-31.009, F.A.C. and Section 379.361, F.S., if such tropical fish are taken as an incidental bycatch of shrimp lawfully harvested with such trawl.

(g) A trawl meeting the following specifications used to collect live specimens of the dwarf seahorse, Hippocampus zosterae, if towed by a vessel no greater than 15 feet in length at no greater than idle speed:

The trawl opening shall be no larger than 12 inches by 48 inches.
The trawl shall weigh no more than 5 pounds wet when weighed out of the water.

(2) This rule shall not be construed to prohibit the use of any bag or container used solely for storing collected specimens or the use of a single blunt rod in conjunction with any allowable gear, which rod meets each of the following specifications:

(a) The rod shall be made of nonferrous metal, fiberglass, or wood.

(b) The rod shall be no longer than 36 inches and have a diameter no greater than 3/4 inch at any point.

(3) No person shall harvest in or from state waters any tropical fish by or with the use of any gear other than those types specified in subsection (1); provided, however, that tropical fish harvested as an incidental bycatch of other species lawfully harvested for commercial purposes with other types of gear shall not be deemed to be harvested in violation of this rule, if the quantity of tropical fish so harvested does not exceed the bag limits established in Rule 68B-42.005, F.A.C.

(4) A power tool may not be used to harvest or attempt to harvest octocorals from state waters or from federal EEZ waters adjacent to state waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 9-30-96, Formerly 46-42.007, Amended 7-1-09, 10-31-11, 8-14-24.

Fla. Admin. Code R. 68B-42.008 Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed

(1) No person shall harvest or possess for sale any live rock in or from state waters or land any live rock harvested in or from state waters, except as may be provided in subsection (3).

(2) No person shall sell, within the State of Florida, any live rock harvested in or from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters unless such person possesses an Aquaculture Certificate issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 597, F.S., and a federal Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Part 638.

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

(a) Any person possessing an Aquaculture Certificate issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 597, F.S., harvesting and landing live rock cultured on state submerged lands leased from the State of Florida. Rock used for such culture shall be of a readily distinguishable geologic character from rock native to the area or be securely marked or tagged so as to differentiate the cultured rock from naturally occurring live rock. The rock shall be placed on leased submerged lands by the lease-holder or a person possessing written authorization from the lease-holder.

(b) Any person lawfully harvesting substrate as part of the harvest of octocorals or ornamental sponges pursuant to subsection 68B-42.005(5), paragraph 68B-42.006(3)(f), subsection 68B-42.005(7), or paragraph 68B-42.006(3)(n), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Amended 10-18-93, 1-1-95, Formerly 46-42.008, Amended 6-1-99, 10-31-11.

Fla. Admin. Code R. 68B-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals Sea Fans, and Non-erect, Encrusting Octocorals; Exception

(1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina, or any hard or stony coral (Order Scleractinia), any black coral (Order Antipatharia), or any fire coral (Genus Millepora). No person shall possess any such fresh, uncleaned, or uncured sea fan, hard or stony coral, black coral, or fire coral. No person shall harvest or possess any non-erect, encrusting species of the Subclass Octocorallia within or without state waters.

(2) Subsection (1), shall not apply to:

(a) Any sea fan, hard or stony coral, fire coral, or non-erect, encrusting specifies of the Subclass Octocorallia legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or international commerce. The burden shall be upon any person possessing such species to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such species originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

(b) Any sea fan, hard or stony coral, fire coral, or non-erect, encrusting species of the Subclass Octocorallia harvested and possessed pursuant to the aquacultured live rock provisions of paragraph 68B-42.008(3)(a), F.A.C., Chapter 597, F.S., or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Section 622.41(a), and meeting the following requirements:

Persons possessing these species in or on the waters of the state shall also possess a state submerged lands lease for live rock aquaculture and an Aquaculture Certificate of Registration issued pursuant to Chapter 5L-3, F.A.C., or a federal Live Rock Aquaculture Permit and an Aquaculture Certificate of Registration issued pursuant to Chapter 5L-3, F.A.C. If the person possessing these species is not the person named in the documents required herein, then the person in such possession shall also possess written permission from the person so named to transport aquacultured live rock pursuant to this exception.
The nearest office of the Fish and Wildlife Conservation Commission, Division of Law Enforcement shall be notified at least 24 hours in advance of any transport in or on state waters of aquacultured live rock pursuant to this exception.
Persons possessing these species off the water shall maintain and produce upon the request of any duly authorized law enforcement officer sufficient documentation to establish the chain of possession from harvest on a state submerged land lease for live rock aquaculture or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a federal Live Rock Aquaculture Permit.
Any sea fan, hard or stony coral, fire coral, or non-erect, encrusting species of the Subclass Octocorallia harvested pursuant to paragraph 68B-42.008(3)(a), F.A.C., shall remain attached to the cultured rock.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-95, Amended 7-15-96, Formerly 46-42.009, Amended 7-1-09, 10-31-11, 11-1-12.

Chapter 68B-43 BLUEFISH

Fla. Admin. Code R. 68B-43.001 Purpose and Intent; Designation as a Restricted Species

(1) The purpose and intent of this chapter are to protect and conserve Florida’s bluefish resources and assure the continuing health and abundance of the species. It is also the intent of the Commission to manage bluefish in such a manner as to permit an equitable statewide commercial harvest of the species.

(2) Bluefish are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 7-1-93, Formerly 46-43.001, Amended 9-1-13.

Fla. Admin. Code R. 68B-43.002 Definitions

As used in this rule chapter:

(1) “Bluefish” means any fish of the species Pomatomus saltatrix, or any part thereof.

(2) “Atlantic Region” means all Florida Waters of the Atlantic Ocean north and east of the Miami-Dade/Monroe county line at Card Sound.

(3) “Gulf Region” means all Florida Waters except those included in the Atlantic Region, and adjacent federal waters. The Gulf Region does not include federal waters adjacent to the Atlantic Region.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Formerly 46-43.002, Amended 9-1-13, 10-26-20.

Fla. Admin. Code R. 68B-43.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit –

(a) Altantic Region ‒ A person may not harvest or land from the Atlantic Region, or possess in or on the Atlantic Region, a bluefish that is less than 12 inches in fork length.

(b) Gulf Region – A person may not harvest or possess within or without waters of the Gulf Region or land a bluefish that is less than 12 inches in fork length.

(2) Landed in Whole Condition Requirement – A person harvesting bluefish from the Atlantic or Gulf region shall land each bluefish in whole condition. A person may not possess in or on the Atlantic or Gulf region a bluefish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a bluefish, or removal of gills from a bluefish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Amended 8-31-98, Formerly 46-43.003, Amended 9-1-13, 10-26-20.

Fla. Admin. Code R. 68B-43.004 Bag and Vessel Limits

(1) Recreational Bag Limit –

(a) Atlantic Region ‒ A recreational harvester may not harvest or land from the Atlantic Region more than 3 bluefish per day. A recreational harvester may not possess in or on the Atlantic Region more than 3 bluefish.

(b) Gulf Region – A recreational harvester may not harvest or possess from the Gulf Region or land more than 10 bluefish per day.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest from the Atlantic Region or land per vessel per day more than 7,500 pounds of bluefish from the Atlantic Region or possess in the Atlantic Region more than 7,500 pounds of bluefish. This provision will not be construed to authorize harvest or possession of bluefish in excess of the applicable vessel limits. Bluefish harvested For Commercial Purposes in the Atlantic Region must be landed in that region.

(b) During any season closure pursuant to subsection 68B-43.005(1), F.A.C., no person shall harvest or possess bluefish in a quantity in excess of the bag limit established by subsection 68B-43.004(1), F.A.C., while in or on the waters of the Atlantic Region or land bluefish in a quantity in excess of the bag limit established by subsection 68B-43.004(1), F.A.C., from the Atlantic Region.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Formerly 46-43.004, Amended 9-1-13, 10-26-20.

Fla. Admin. Code R. 68B-43.005 Commercial Season

Commercial harvest for bluefish is permitted between January 1 and December 31 each year unless closed earlier as follows:

(1) If the total commercial harvest of bluefish from the Atlantic Region is projected to reach the annual quota provided to Florida by the Mid-Atlantic Fisheries Management Council and NOAA Fisheries pursuant to 50 C.F.R. §648.162 (2/13), the season for commercial harvest of bluefish in such waters shall be closed by the Executive Director of the Fish and Wildlife Conservation Commission upon notice and in the manner provided in Section 120.81(5), F.S. If the season is closed pursuant to this paragraph, it shall not reopen until the following January 1.

(2) During any season closure pursuant to subsection (1), no person shall purchase or sell any bluefish harvested during the closure from the Atlantic Region.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Amended 10-4-95, Formerly 46-43.005, Amended 9-1-13.

Chapter 68B-44 SHARKS AND RAYS

Fla. Admin. Code R. 68B-44.002 Definitions

As used in this rule chapter:

(1) “Finned” means one or more fins, including the caudal fin (tail), are no longer naturally attached to the body of the shark. A shark with fins naturally attached, either wholly or partially, is not considered finned.

(2) “Shark” means any species of the orders Carcharhiniformes, Lamniformes, Hexanchiformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, including but not limited to any of the following species or any part thereof:

(a) Large coastal species:

Blacktip shark – (Carcharhinus limbatus).
Bull shark – (Carcharhinus leucas).
Nurse shark – (Ginglymostoma cirratum).
Spinner shark – (Carcharhinus brevipinna).

(b) Small coastal species:

Atlantic sharpnose shark – (Rhizoprionodon terraenovae).
Blacknose shark – (Carcharhinus acronotus).
Bonnethead – (Sphyrna tiburo).
Finetooth shark – (Carcharhinus isodon).

Blue shark – (Prionace glauca).
Oceanic whitetip shark – (Carcharhinus longimanus).
Porbeagle shark – (Lamna nasus).
Shortfin mako – (Isurus oxyrinchus).
Thresher shark – (Alopias vulpinus).

(d) Smoothhound sharks:

Smooth dogfish – (Mustelus canis).
Florida smoothhound (Mustelus norrisi).
Gulf smoothhound (Mustelus sinusmexicanus).

(e) Atlantic angel shark (Squatina dumeril).

(f) Basking shark (Cetorhinus maximus).

(g) Bigeye sand tiger (Odontaspis noronhai).

(h) Bigeye sixgill shark (Hexanchus nakamurai).

(i) Bigeye thresher (Alopias superciliosus).

(j) Bignose shark (Carcharhinus altimus).

(k) Bluntnose sixgill shark (Hexanchus griseus).

(l) Caribbean reef shark (Carcharhinus perezii).

(m) Caribbean sharpnose shark (Rhizoprionodon porosus).

(n) Dusky shark (Carcharhinus obscurus).

(o) Galapagos shark (Carcharhinus galapagensis).

(p) Great hammerhead (Sphyrna mokarran).

(q) Lemon shark (Negaprion brevirostris).

(r) Longfin mako (Isurus paucus).

(s) Narrowtooth shark (Carcharhinus brachyurus).

(t) Night shark (Carcharhinus signatus).

(u) Sandbar shark (Carcharhinus plumbeus).

(v) Sand tiger (Carcharias taurus).

(w) Scalloped hammerhead (Sphyrna lewini).

(x) Sharpnose sevengill shark (Heptranchias perlo).

(y) Silky shark (Carcharhinus falciformis).

(z) Smalltail shark (Carcharhinus porosus).

(aa) Smooth hammerhead (Sphyrna zygaena).

(bb) Spiny dogfish (Squalus acanthias).

(cc) Tiger shark (Galeocerdo cuvier).

(dd) Whale shark (Rhincodon typus).

(ee) White shark (Carcharodon carcharias).

(3) “Shark fin” means any fin of a shark, including the caudal fin (tail), or any portion thereof.

(4) “Shore-based shark fishing” means targeting or harvesting any species of shark when fishing from shore, wade fishing, or fishing from any structure attached to shore, including but not limited to bridges, piers, docks, and jetties. Fishing from shore or any structure attached to shore by or with any of the following gear or methods shall constitute shore-based shark fishing regardless of the species targeted or harvested.

(a) Fishing with a metal leader greater than 4 feet in length.

(b) Using a fighting belt, fighting harness, or similar device used in conjunction with a fishing rod to give the angler a mechanical advantage when reeling in a fish.

(c)1. Except as provided in subparagraph 2., deploying bait by any means other than casting from shore or casting while wade fishing, including but not limited to transporting or dropping the bait by or from a vessel, surf board, drone, or by swimming.

Except when targeting or harvesting sharks, deploying bait by means other than casting shall not constitute shore-based shark fishing if the bait is attached to a hook for which the maximum distance measured between two points inside the curve created by the hook does not exceed 1.5 inches, when measured at the widest dimension.

(5) “Separated,” with respect to a shark fin, means not naturally attached to the corresponding shark body through some portion of uncut skin or tissue.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.002, Amended 1-19-10, 3-21-10, 1-1-12, 7-1-19, 1-1-20.

Fla. Admin. Code R. 68B-44.003 Size Limit; Landing in Whole Condition Requirement

(1) Size Limits –

(a) Shortfin mako –

A recreational harvester may not harvest or land from Florida Waters a shortfin mako that is less than 83 inches fork length. Except as provided in subparagraph (1)(a)2., a recreational harvester may not possess in or on Florida Waters a shortfin mako that is less than 83 inches fork length.
The possession limit established in subparagraph (1)(a)1. will not apply to shortfin mako lawfully harvested in federal waters by recreational harvesters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct and continuous from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored.

(b) Except as provided in paragraph (1)(a), a person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a shark that is less than 54 inches fork length, with the exception of the following species, for which there shall be no minimum size limit:

Atlantic sharpnose shark.
Blacknose shark.
Blacktip shark.
Bonnethead.
Finetooth shark.
Smoothhound sharks.

(2) Landed in Whole Condition Requirement – A person harvesting a shark shall land each shark in whole condition. A person may not possess in or on Florida Waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, a shark that has been beheaded, sliced, divided, filleted, ground, skinned, finned, or had the caudal fin (tail) removed. This provision will not be construed to prohibit the evisceration (gutting) of a shark or slicing the base of the caudal fin to bleed the carcass as long as the caudal fin remains attached.

(3) Possession of Separated Shark Fins –

(a) A person may not possess in or on Florida Waters a shark fin that has been separated from a shark.

(b) A person may not land a shark fin that has been separated from a shark.

(4) The size limits and landing in whole condition requirement of this rule will not apply to sharks lawfully harvested commercially in federal waters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.003, Amended 1-19-10, 7-1-19, 1-1-20.

Fla. Admin. Code R. 68B-44.004 Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

(1) Recreational Bag and Vessel Limit –

(a) A recreational harvester may not harvest or land from Florida Waters more than one shark per day. A recreational harvester may not possess in or on Florida Waters more than one shark.

(b) Two or more recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than two sharks, regardless of the number of persons aboard. This provision will not be construed to authorize harvest or possession of sharks in excess of the bag limit.

(c) Shortfin mako bag and vessel limits. Consistent with Federal Standards for adjacent federal waters, at the start of each calendar year, the default shortfin mako bag limit of zero sharks will apply (consistent with requirements established in 50 C.F.R. 635.22(c)(8) as of October 13, 2022). If at any time the recreational retention limit for shortfin mako in adjacent federal waters is adjusted, the Commission shall give notice of changes to shortfin mako bag and vessel limits in or on all Florida Waters electronically, pursuant to Section 120.81(5), F.S., at: www.myfwc.com/fishing/saltwater/recreational/sharks/.

(2) Commercial Bag and Vessel Limit –

(a) A commercial harvester may not harvest or land from Florida Waters more than one shark per day. A commercial harvester may not possess in or on Florida Waters more than one shark.

(b) Two or more commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than two sharks, regardless of the number of persons aboard. This provision will not be construed to authorize harvest or possession of sharks in excess of the bag limit.

(3) Prohibited Species –

(a) For the purposes of this rule, “prohibited species” shall include:

Atlantic angel shark.
Basking shark.
Bigeye sand tiger.
Bigeye sixgill shark.
Bigeye thresher.
Bignose shark.
Bluntnose sixgill shark.
Caribbean reef shark.
Caribbean sharpnose shark.
Carolina hammerhead.
Dusky shark.
Galapagos shark.
Great hammerhead.
Lemon shark.
Longfin mako.
Narrowtooth shark.
Night shark.
Oceanic whitetip shark (consistent with the Federal Standard established in 50 C.F.R. §635.71(d)(19) as of September 18, 2024).
Sandbar shark.
Sand tiger.
Scalloped hammerhead.
Sharpnose sevengill shark.
Shortfin mako, only when targeted or harvested for commercial purposes.
Silky shark.
Smalltail shark.
Smooth hammerhead.
Spiny dogfish.
Tiger shark.
Whale shark.
White shark.
Largetooth sawfish (Pristis pristis).
Smalltooth sawfish (Pristis pectinata).
Manta ray (species of the genera Manta and Mobula).
Spotted eagle ray (Aetobatus narinari).

(b) A person may not harvest or land from Florida Waters any prohibited species or any part thereof. A person may not possess in or on Florida Waters any prohibited species or any part thereof.

(d) A person who catches a prohibited species while fishing from shore must release such prohibited species immediately at the site of capture, without unnecessary harm. Delaying the release of a prohibited species for any period of time longer than necessary to remove the hook or other fishing tackle is prohibited. If the hook cannot be removed quickly, either the hook must be cut or the leader must be cut as close to the hook as possible in order to remove as much fishing tackle as possible without delaying release. The permissible temporary possession provisions provided for by paragraph 68B-2.002(2)(a), F.A.C., do not apply to prohibited species.

(e) A person may not remove a prohibited species from Florida Waters. The gills of a prohibited species must remain submerged and the entire length of the organism must remain in the water. This subparagraph shall not be construed to prohibit temporarily lifting the head of a prohibited species from the water in order to speed removal of a hook or other fishing tackle or to require unsafe practices while fishing from shore.

(4) The bag, possession, landing, and prohibited species requirements of this rule do not apply to sharks lawfully harvested in federal waters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this subsection appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.004, Amended 10-15-07, 1-19-10, 7-1-19, 1-1-20, 3-6-23, 2-10-25, 1-12-26.

Fla. Admin. Code R. 68B-44.005 Commercial Closures

(1) If at any time the harvest of any species of shark for commercial purposes in adjacent federal waters is closed, adjacent Florida Waters will be closed to commercial harvest of the species affected by the federal closure, from the date of such closure until federal waters are reopened to the commercial harvest of such species.

(2) If at any time the harvest of any species of shark is closed in state waters of the Atlantic Ocean for commercial purposes by the Atlantic States Marine Fisheries Commission, Florida Waters of the Atlantic Ocean from the Florida-Georgia border to the border between Miami-Dade and Monroe counties will be closed from the date of such closure until the Atlantic States Marine Fisheries Commission reopens the fishery to commercial harvest. For the purposes of this section the border between Miami-Dade and Monroe counties is defined as a line beginning on the east coast of Florida at the mainland at 25°20.400' North Latitude, proceeding due east.

(3) During any period when Florida Waters are closed pursuant to subsection (1) or (2), a commercial harvester may not harvest, possess in or on Florida Waters, or land, within the closure area, any species to which the closure applies, regardless of where harvested.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, Formerly 46-44.005, Amended 10-15-07, 1-19-10, 7-1-19.

Fla. Admin. Code R. 68B-44.006 Allowed Gear; Prohibited Gear and Methods of Harvest; Required Gear

(1) A person may harvest or attempt to harvest a shark from Florida Waters only by or with the use of hook-and-line gear.

(2) The harvest of any shark from Florida Waters by or with the use of any multiple hook in conjunction with live or dead natural bait is prohibited. Snagging (snatch hooking) of a shark in or from Florida Waters is prohibited.

(3) Required gear –

(a) Non-stainless-steel circle hooks. A person targeting or harvesting sharks from Florida Waters must use non-stainless-steel circle hooks when fishing with live or dead natural bait. “Circle hook” means a fishing hook designed and manufactured so that the point is not offset and is turned perpendicularly back to the shank to form a general circular or oval shape.

(b) Cutting devices. A person targeting or harvesting sharks from Florida Waters must have in his or her possession at least one device capable of quickly cutting either the leader or the hook used. A person catching but not retaining a shark must quickly remove the hook or use such cutting device to quickly remove as much tackle and fishing gear as possible in order to release the shark immediately without unnecessary harm.

(4) A person may not harvest or attempt to harvest any shark from Florida Waters with gear not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.006, Amended 7-1-03, 1-19-10, 7-1-19.

Fla. Admin. Code R. 68B-44.007 Sale and Purchase Requirements

(1) A commercial harvester may only sell a shark, or any part thereof, to a holder of a valid federal Atlantic shark dealer permit issued pursuant to 50 C.F.R. §635.4, as of January 1, 2019.

(2) No wholesale dealer, as defined in section 379.362(1), F.S., may purchase a shark, or any part thereof, unless such dealer is in possession of a valid federal Atlantic shark dealer permit. No wholesale dealer may purchase a shark, or any part thereof, without confirming that the seller possesses a valid Florida saltwater products license and any applicable federal permit or authorization required in subsection 68B-44.009(1), F.A.C. This subsection applies only when a shark, or any part thereof is sold, exchanged, bartered, distributed, or landed for the first time.

(3) During any period when Florida Waters are closed pursuant to rule 68B-44.005, F.A.C., the purchase or sale of any shark to which the closure applies is prohibited. These prohibitions shall not apply to sale of sharks that were harvested, landed, and purchased or sold prior to the closure, or sale of sharks that were harvested outside of the closure area during the closure period. The burden shall be upon any person possessing such sharks to establish the chain of possession from the initial transaction after harvest by appropriate receipt(s), bill(s) of sale, or bill(s) of lading. Failure to maintain such documentation or failure to promptly produce such documentation at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

(4) No person may purchase or sell a prohibited species specified in subsection 68B-44.004(3), F.A.C., or any part thereof, unless possession and landing is authorized pursuant to subsection 68B-44.004(4), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-19-10, Amended 7-1-19, 1-1-20.

Fla. Admin. Code R. 68B-44.008 Open and Closed Areas

This rule is held for future open and closed areas.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.008, Amended 7-1-03, 3-9-06, 1-19-10, 3-21-10, 1-1-12, 7-1-19.

Fla. Admin. Code R. 68B-44.009 Licensing Requirements

(1) A commercial harvester may not harvest from Florida Waters, possess, or land a shark or sell a shark, unless such person possesses both a valid saltwater products license, and any applicable federal permit for sharks required by 50 C.F.R. §635.4 (as of January 1, 2019) or written authorization from the National Marine Fisheries Service pursuant to 50 C.F.R. §635.32 (as of January 1, 2019).

(2) No wholesale dealer, as defined in section 379.362(1), F.S., may purchase a shark, or any part thereof, unless such dealer is in possession of a valid federal Atlantic shark dealer permit. No wholesale dealer may purchase a shark, or any part thereof, without confirming that the seller possesses a valid Florida saltwater products license and any applicable federal permit or authorization required in subsection (1). This subsection applies only when a shark, or any part thereof, is sold for the first time.

(3) Shore-based shark fishing.

(a) Shore-based shark fishing permit – A person may not participate in shore-based shark fishing unless such person has been issued and is in possession of a valid Commission-issued shore-based shark fishing permit. A person who is under 16 years of age is exempt from the shore-based shark fishing permit requirement.

A person may not be issued a shore-based shark fishing permit unless such person has first successfully completed within the previous 12 months a Commission-approved shore-based shark fishing education course as provided in paragraph (3)(c).
Shore-based shark fishing permits shall be valid for 12 months from the date of issue.

(b) Shore-based shark fishing by persons under 16 years of age –

Except as provided in subparagraph (3)(b)2., a person under 16 years of age may not participate in shore-based shark fishing unless such person has successfully completed within the previous 12 months a shore-based shark fishing education course as provided in paragraph (3)(c) and is in possession of valid Commission-issued proof of completion of a shore-based shark fishing education course as provided in paragraph (3)(c).
A person under 16 years of age who has not successfully completed a Commission-approved shore-based shark fishing education course as provided in paragraph (3)(c) may participate in shore-based shark fishing only if such person is fishing under the supervision of, and in the presence of, a person 16 years of age or older who holds a valid shore-based shark fishing permit issued pursuant to paragraph (3)(a).

The Commission shall provide a shore-based shark fishing education course, available at: https://learningmyfwc.remote-learner.net. Instructions for completing the shore-based shark fishing education course are contained in a document titled “Shore-Based Shark Fishing Education Course Instructions,” Form SBSF-1 (effective July 1, 2019), incorporated herein by reference and available at http://www.flrules.org/gateway/reference.asp?No=Ref-10775, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
The Commission shall issue proof of completion to a person who has successfully completed a Commission-approved shore-based shark fishing education course. Such proof of completion shall be valid for 12 months from the date of issuance.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-19.

Chapter 68B-45 BLUE CRAB

Fla. Admin. Code R. 68B-45.001 Purpose and Intent; Repeal of Statutory Provisions; Designation as Restricted Species

(1) The purpose and intent of this chapter is to protect and conserve Florida’s blue crab resources and assure the continuing health and abundance of the species.

(2) It is the intent of this chapter to expressly effect the repeal of and replace the second distinct sentence of subsection (1) of Section 370.135, F.S. (1993).

(3) It is the intent of this chapter to repeal and replace Chapter 63-1217, Laws of Florida (1963), a rule of the Department of Natural Resources pursuant to subsection (5) of section 2 of Chapter 83-134, as amended by 84-121, Laws of Florida. This Special Act, applicable to Citrus County, establishes a minimum size for blue crabs harvested in the county. The Marine Fisheries Commission has determined that repeal of Chapter 63-1217, Laws of Florida (1963), a Citrus County Special Act, will not adversely affect the marine resources of Citrus County or of the State of Florida.

(4) Chapter 63-1217, Laws of Florida (1963), a rule of the Department of Natural Resources pursuant to subsection (5) of section 2 of Chapter 83-134, as amended by 84-121, Laws of Florida, is hereby repealed.

(5) Blue crabs are designated as a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 12-14-93, Amended 6-1-94, 10-4-95, Formerly 46-45.001, Amended 6-1-99.

Fla. Admin. Code R. 68B-45.002 Definitions

As used in this rule chapter:

(1) “Blue crab” means any crustacean of the species Callinectes sapidus, or any part thereof.

(2) “Bycatch reduction device” or “BRD” means a rigid rectangular device or implement that forms the perimeter of the opening of a throat or entrance to a trap used to harvest blue crabs or peeler crabs and is intended to minimize bycatch of diamondback terrapins by limiting the size of the opening.

(3) “Drop net” means a small, usually circular, net with weights attached along the outer edge and a single float in the center.

(4) “Eggbearing blue crab” means a female blue crab whose eggs are extruded and deposited on the swimmerettes.

(5) “Escape ring” means a rigid ring forming the boundary of an opening placed flush with the vertical surface of the wire mesh wall of the crab trap.

(6) “Fold up trap” means a plastic or wire meshed collapsing trap that opens outward to occupy a single plane when placed on the water bottom. It is baited in the center of the base panel and encloses crabs when retrieved by means of a cord drawing together the side panels.

(7) “Gulf Seasonal Closure Region” means all state waters of the Gulf of America seaward of three nautical miles from shore.

(8) “Hard shell crab” means any blue crab in intermolt condition that has a shell that is rigid and inflexible.

(9) “Mesh size” means the size of the opening or space within a polygon formed by the wire of a crab trap, to be measured at the largest dimension across such opening or space in an undistorted condition.

(10) “Harvest” means the catching or taking of a blue crab by any means whatsoever, followed by a reduction of such blue crab to possession. Blue crabs caught but immediately returned to the water free, alive, and unharmed are not harvested. Temporary possession of a blue crab for the purpose of measuring it to determine compliance with the size requirements of this chapter shall not constitute the harvesting of such blue crab, provided that it is measured on the water immediately after taking, and immediately returned to the water free, alive, and unharmed if undersized.

(11) “Harvest for commercial purposes” means the taking or harvesting of blue crab for purposes of sale or with intent to sell or in excess of the bag limit.

(12) “Immediate family” refers to a license holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law or daughter-in-law.

(13) “Offshore” means all state waters seaward of the COLREGS Demarcation Line.

(14) “Peeler crab” means a hard blue crab in pre-molt condition having a new soft shell developed under the hard shell and having a definite white, pink, or red line or rim on the outer edge of the back fin or flipper, and retained specifically for soft crab shedding operations and marketed only after molting and prior to the hardening of the new shell.

(15) “Push scrape” means a mesh net or bag attached to the outer edges of a triangular or rectangular rigid frame with a handle attached that is fished by being pushed across the bottom by a person wading.

(16) “Soft shell crab” means any blue crab that has recently molted and has a shell that is tender and flexible.

(17) “Trotline” means a submerged line with bait at repetitive intervals.

(18) “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 10-4-95, Formerly 46-45.002, Amended 7-1-03, 7-15-04, 5-26-05, 10-15-07, 3-1-22.

Fla. Admin. Code R. 68B-45.003 Minimum Size Limits

Except as provided in subsection 68B-45.004(5), F.A.C., for crabs to be used as live bait, no person harvesting for commercial purposes shall possess any blue crabs measuring less than five inches measured from the tip of one lateral spine to the tip of the opposite lateral spine in quantities greater than 5% of the total number in each container in such person’s possession. This minimum size limit does not apply to the harvest of peeler crabs.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, Formerly 46-45.003.

Fla. Admin. Code R. 68B-45.004 Regulation and Prohibition of Certain Harvesting Gear

(1) Except as provided in subsections (2), (3), (4), (5) and (6), below, the following types of gear shall be the only types of gear allowed for the harvest of blue crab in or from state waters:

(a) Traps meeting the following specifications:

Traps shall be constructed of wire with a minimum mesh size of 1 1/2 inches and have throats or entrances located only on a vertical surface. Beginning on January 1, 1995, traps shall have a maximum dimension of 24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a degradable panel that meets the specifications of subsection (7) of this rule.
All traps shall have a buoy or a time release buoy attached to each trap or at each end of a weighted trotline which buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be of such color, hue and brilliancy to be easily distinguished, seen, and located. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a blue crab trap or attached to a trotline shall float on the surface of the water.
Each trap used for harvesting blue crab for commercial purposes shall have the harvester’s blue crab endorsement number permanently affixed to it. Each buoy attached to such a trap shall have the number permanently affixed to it in legible figures at least two inches high. The buoy color and license number shall also be permanently and conspicuously displayed on any vessel used for setting the traps and buoys, so as to be readily identifiable from the air and water, in the following manner:

a. From the Air – The buoy design approved by the Commission shall be displayed and be permanently affixed to the uppermost structural portion of the vessel and displayed horizontally with the painted design up. If the vessel is an open design (such as a skiff boat), in lieu of a separate display, one seat shall be painted with buoy assigned color with permit numbers, unobstructed and no smaller than 10 inches in height, painted thereon in contrasting color. Otherwise, the display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 20 inches in diameter, outlined in a contrasting color, together with the permit numbers permanently affixed beneath the circle in numerals no smaller than 10 inches in height.

b. From the Water – The buoy design approved by the Commission shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the harvester’s approved buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the permit numbers permanently affixed beneath the circle in numerals no smaller than 4 inches in height.

4.a. In addition to the requirements of subparagraph (1)(a)2., the buoy attached to each trap used to harvest blue crab, other than those used to harvest for commercial purposes, shall have a legible “R”, at least two inches high, permanently affixed to it. A buoy is not required on a trap fished from a dock.

b. Each trap used to harvest blue crab, other than those used to harvest for commercial purposes, shall have the harvester’s full name, address, and unless exempt pursuant to subsection 68B-45.011(3), F.A.C., a valid recreational blue crab trap identification number assigned by the annual Recreational Blue Crab Trap Registration pursuant to Rule 68B-45.011, F.A.C., permanently affixed to it in legible letters.

Each trap with a mesh size of 1 1/2 inches or larger shall have at least three unobstructed escape rings installed, each with a minimum inside diameter of 2 3/8 inches. One such escape ring shall be located on a vertical outer surface adjacent to each crab retaining chamber.
Each throat (entrance) in any trap used to harvest blue crabs shall be horizontally oriented, i.e., the width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, is greater than the height of any such opening. No such throat shall extend farther than 6 inches into the inside of any trap, measured from the opening where the throat meets the vertical wall of the trap to the opening of the throat at its farthest point from the vertical wall, inside the trap. Beginning March 1, 2023, each throat or entrance in a trap used to harvest blue crabs, other than those used to harvest for commercial purposes, shall comply with terrapin bychatch reduction requirements as provided in subsection (8).
Subparagraphs 1. through 6. shall not apply to any trap used to harvest blue crabs for other than commercial purposes, which trap has a volume of no more than 1 cubic foot and is fished from a vessel, a dock, or from shore.

(b) Dip or landing net.

(d) Fold-up trap.

(e) Hook and line gear.

(f) Push scrape.

(g) Trotline.

(2)(a) Peeler crabs may be harvested in traps constructed of wire with a minimum mesh size of one inch and with the throats or entrances located only on a vertical surface. Such traps shall have a maximum dimension of 24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a degradable panel.

(b) Each trap used to harvest peeler crabs shall have buoys and be identified as described in subparagraph (a)2., and (a)3. or (a)4., of this subsection.

(d) Each trap used to harvest peeler crabs shall only be baited with live male blue crabs. Male crabs so used as bait to attract female blue crabs into peeler traps may be periodically fed with no more than a single bait fish. Any trap used to harvest blue crabs that is baited with anything other than live male blue crabs shall meet the requirements of paragraph (1)(a), of this rule.

(e) Beginning March 1, 2023, each entrance or throat in a trap used to harvest peeler crabs, other than those used to harvest for commercial purposes, shall comply with terrapin bycatch reduction requirements as provided in subsection (8).

(3) In addition to the allowable gear provided for in subsections (1) and (2), above, blue crabs harvested in fresh water may be harvested with gear permitted by the Commission.

(4) Blue crabs may be harvested as an incidental bycatch of shrimp trawls lawfully harvesting shrimp, provided the amount of blue crabs so harvested does not exceed 200 pounds of blue crabs per vessel per trip.

(5) Blue crabs not meeting the size requirements contained in Rule 68B-45.003, F.A.C., may be harvested as a directed catch by or with a dip or landing net or as bycatch of live bait shrimp trawls, provided the total amount of blue crab harvested in either case does not exceed 10 gallons per person or per vessel per day, whichever is less. Undersized blue crabs so harvested shall be maintained alive and shall be sold, bought, bartered, or exchanged solely for use as live bait. Blue crabs harvested as bycatch of live bait shrimp trawls shall be counted for purposes of determining compliance with subsection (4), above, and subsection (6), below. No person harvesting blue crabs as a directed catch by or with a dip or landing net shall, on the same trip, harvest blue crabs using any other gear.

(6) Blue crabs may be harvested as an incidental bycatch of other species lawfully harvested with other types of gear so long as the amount does not exceed the bag limit specified in Rule 68B-45.005, F.A.C., and does not violate any other applicable provision of law.

(7) A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(a) The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.

(b) The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.

(c) The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.

(d) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.

(e) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.

(f) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.

(g) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by galvanized staples 16 gauge or thinner, rings made of non-coated 24 gauge or thinner wire, or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.

(8) Terrapin bycatch reduction requirements.

(a) Recreational harvesters. Beginning March 1, 2023, each trap used to harvest blue crabs, other than those used to harvest for commercial purposes, must contain a bycatch reduction device that meets the specifications of paragraph (8)(b) installed in each entrance or throat.

(b) A trap shall be considered to meet the requirements of paragraph (8)(a) if each entrance or throat:

Contains a bycatch reduction device measuring no larger than 2 inches in height by 6 inches in width; or,
Is constructed completely of rigid wire such that the narrowest does not exceed 2 inches in height by 6 inches in width.

(9) No person shall harvest or attempt to harvest blue crabs with any trap seaward of nine nautical miles from shore on the Gulf of America or seaward of three nautical miles from shore on the Atlantic Ocean.

(10)(a) Except as provided in paragraph (c), no person shall harvest any blue crabs for commercial purposes with any trap unless such person possesses a valid saltwater products license to which is affixed both a blue crab endorsement and a restricted species endorsement.

(b) Notwithstanding Section 370.135(2)(a), F.S. (2006); effective July 1, 2006, and until July 1, 2007, no blue crab endorsements, except those endorsements that were active during the 2005-2006 fiscal year, shall be renewed or replaced. Persons or corporations holding a blue crab endorsement that was active in the 2005-2006 fiscal year or an immediate family member of that person must request renewal of the blue crab endorsement before September 30, 2006. All provisions of Sections 379.366(2)(a), (b), F.S., shall continue to apply to the issuance and renewal of blue crab endorsements with the applicable dates specified in this paragraph.

(c) Notwithstanding the requirements of paragraph (a), any aquaculture producer, as defined in Section 597.0015(2), F.S., authorized to produce marine aquaculture products and engaged in the culture of shellfish may possess and use up to 75 blue crab traps for the sole purpose of taking destructive or nuisance blue crabs within 1 mile of the producer’s aquaculture shellfish beds if they first obtain a depredation permit from the Commission. Blue crabs taken under this subsection may not be sold, bartered, exchanged, or offered for sale, barter, or exchange.

(11) During any time of the year when it is legal to transport blue crab traps, a harvester shall seek permission from the Division of Law Enforcement to allow the use of another vessel owned by the same harvester or another person to transport, deploy, pull, or retrieve his or her traps.

(a)1. Permission shall be granted upon receipt of a written statement signed by the commercial harvester seeking to have his or her traps pulled and by the person designated to pull the traps, if applicable, which statement also shall contain the following:

a. The reason the harvester needs to have his or her traps pulled,

b. The numbers of the saltwater products license and blue crab endorsement of both the harvester seeking to have the traps pulled and the person or other vessel who will be pulling the traps,

c. The buoy colors of the harvester seeking such permission,

d. The name and number of the vessel to be used by the person who will be pulling the traps,

e. The general locations of the pulling activity of the vessel to be engaged in pulling the traps; and,

f. The dates the other person or vessel will be transporting, deploying, pulling or retrieving the traps.

Permission to pull traps in this manner shall be obtained daily by telephone from the Division of Law Enforcement for a maximum of 5 days without renewal or extension of the request.

(b) Permission to have traps pulled using another vessel owned by the same harvester or by another person for a longer period of time must be based on extraordinary circumstances such as severe personal or family illness or accident or major equipment problem, and shall be obtained through petition to the Division of Law Enforcement on Commission Form DMF-SL4590 (02-13) (Blue Crab Trap Pulling Petition), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02669 herein incorporated by reference, and shall be granted upon such conditions as the Division deems appropriate for the protection of the resource.

It shall be the responsibility of the commercial harvester, or a member of the harvester’s immediate family, to petition the Division.
The petition shall include:

a. A complete description of the extraordinary circumstances with corroborating documentation,

b. The amount of additional time requested,

c. The number of traps to be pulled; and,

(c) The person designated to pull the petitioner’s traps is required to establish a float plan with Division of Law Enforcement Dispatch for each day traps will be pulled prior to pulling traps.

(d) If the person designated to pull the petitioner’s traps does not possess a saltwater products license with restricted species and a blue crab endorsement, the petitioner, as the license holder of record must possess a vessel saltwater products license and shall be held accountable for the designee’s compliance with all regulations governing the blue crab fishery.

(e) If designating another vessel, the vessel must be commercially registered and the following vessel marking requirements apply: The buoy color and license number shall be conspicuously displayed on the vessel used for setting the traps and buoys, so as to be readily identifiable from the air and water, in the following manner:

From the Air – The buoy design shall be displayed on the uppermost structural portion of the vessel and displayed horizontally, unobstructed, with the painted design up on a circle 20 inches in diameter, outlined in a contrasting color, together with the permit numbers beneath the circle in numerals no smaller than 10 inches in height.
From the Water – The buoy design shall be displayed and affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the permit numbers beneath the circle in numerals no smaller than 4 inches in height.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06, 10-15-07, 1-26-11, 6-19-13, 1-1-20, 3-1-22.

Fla. Admin. Code R. 68B-45.0045 Closed Seasons

(1) In order to facilitate the identification and removal of lost and abandoned traps the following restrictions shall apply.

(a) The use of traps to harvest blue crabs is prohibited for a period of up to ten days in the following regions:

All waters of the St. Johns River, its associated lakes and tributaries from west of the St. Johns River’s intersection with the Intracoastal Canal through and including Lake Hellen Blazes from January 16 through January 25 of even numbered years,
All waters of Nassau, Duval, Clay, St. Johns, Putnam, Flagler, and Volusia counties from August 20 through August 29 of even numbered years, however, not including waters listed in subparagraph (1)(a)1., of this paragraph,
All waters of Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties from August 10 through August 19 of even numbered years, however, not including waters listed in subparagraph (1)(a)1., of this paragraph,
All waters of Broward, Miami-Dade, Monroe, Collier, Lee, Charlotte, DeSoto, Sarasota, Manatee, Hillsborough, Pinellas, and Pasco counties from July 10 through July 19 of odd numbered years,
All waters of Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, and Hernando counties and including all waters of the Ochlockonee River and Ochlockonee Bay from July 20 through July 29 of odd numbered years,
All waters of Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin counties from January 5 through January 14 of odd numbered years, however, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(b) All traps must be removed from the water before 12:01 a.m. (local time) on the first day of each regional closure. Traps found in state waters during the closures are declared to be a public nuisance and shall be disposed of in the manner approved by the Commission. Traps may be returned to the water after 12:01 a.m. (local time) on the day following each regional closure.

(d) Closures listed in paragraph (1)(a), may be reduced in duration if it is determined by the Executive Director of the Commission that the number of lost and abandoned traps in the region will take less time to remove than the time listed in paragraph (1)(a).

(e) Closures do not apply to traps secured to private property, such as a dock, or to authorized gear listed in paragraphs 68B-45.004(1)(b)-(g), F.A.C.

(2) In the Gulf Seasonal Closure Region, no blue crab trap, including any trap used to harvest peeler crabs, may be placed in the water, fished, or soaked during the period beginning September 20 and continuing through October 4 each year.

(3) In the 2009/2010 fishing season, no trap retrieval fees will be assessed for blue crab traps collected through the Commission’s Trap Retrieval Program.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-09, Amended 1-26-11.

Fla. Admin. Code R. 68B-45.005 Bag Limit

Except for persons harvesting pursuant to a saltwater products license with a blue crab endorsement and a restricted species endorsement, no person shall harvest in or from state waters in any one day or possess while in or on state waters, more than 10 gallons of whole blue crabs.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 10-4-95, Formerly 46-45.005.

Fla. Admin. Code R. 68B-45.006 Other Prohibitions

(1) The harvest, possession, purchase, or sale of eggbearing blue crabs is prohibited. Eggbearing blue crabs found in traps shall be immediately returned to the water free, alive and unharmed. The practice of stripping or otherwise molesting eggbearing blue crabs in order to remove the eggs is prohibited and the harvest, possession, purchase, or sale of blue crab from which the eggs, egg pouch, or bunion has been removed is prohibited.

(2) Traps used to harvest blue crabs or peeler crabs may be worked during daylight hours only. The pulling of traps from one hour after official sunset until one hour before official sunrise is prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Formerly 46-45.006, Amended 7-1-03, 7-15-04, 7-1-09.

Fla. Admin. Code R. 68B-45.007 Blue Crab Effort Management Program

(1) Beginning in the 2007/2008 license year, in addition to a valid saltwater products license and a valid restricted species endorsement, a blue crab effort management endorsement number is required to harvest or possess blue crab in quantities greater than the recreational bag limit or to sell blue crab.

(2) The Commission shall notify all holders of a 2004/2005 commercial saltwater products license with a restricted species endorsement and an existing blue crab endorsement of their initial eligibility or denial of a blue crab effort management endorsement. Those notified will indicate either their acceptance of the initial award of a blue crab effort management endorsement number by completion of an acceptance application (Form DMF-SL4500, Blue Crab Effort Management Endorsement Application (09-06), incorporated herein by reference) or submit an application to appeal (Form DMF-SL4510, Application for Appeal of Blue Crab Effort Management Endorsement (09-06), incorporated herein by reference), as specified in paragraph (11)(b).

(3)(a) Except for those qualifying for a non-transferable blue crab effort management endorsement as specified in subsection (6), the Blue Crab Effort Management Endorsement Application must be received by the Commission no later than September 30, 2007. An applicant may be a person, firm, or corporation.

(b) In order to qualify for a blue crab effort management endorsement number other than a V-N endorsement issued pursuant to subsection (6), an applicant must have held a valid saltwater products license with a valid restricted species endorsement and a blue crab endorsement pursuant to Section 379.366, F.S., at the time of application and establish landings as specified in paragraph (3)(c).

(c) Qualified blue crab effort management endorsement number applicants must have documented blue crab landings in quantities as specified in subsection (4) or (5), pursuant to Commission trip ticket records generated under the provisions of Rule Chapter 68E-5, F.A.C., during at least one of the following three license years: July 1, 2000 through June 30, 2001, July 1, 2001 through June 30, 2002, or July 1, 2002 through June 30, 2003. Qualifying landings must have been received by the FWC by August 1, 2003; applicants lacking sufficient blue crab landings during the qualifying years may have their eligibility for a blue crab effort management endorsement considered by the blue crab effort management endorsement appeals board as specified in subsection (11).

(4) Hard Shell Blue Crab Endorsement (V-H). The hard shell blue crab effort management endorsement is required to harvest commercial quantities of hard shell blue crab using gears as authorized in subsection 68B-45.004(1), F.A.C.

(a) In order to obtain a V-H endorsement on a saltwater products license, an applicant must have documented landings of hard shell blue crab equal to or greater than 500 pounds during any one of the qualifying years as specified in paragraph (3)(c). Persons holding more than one saltwater products license, none of which individually have 500 pounds of hard shell blue crab landings, may qualify for a single V-H endorsement if the sum of hard shell blue crab landings listed on multiple saltwater products licenses that have a restricted species endorsement and current blue crab endorsement is equal to or greater than 500 pounds.

(b) An applicant qualifying for a V-H endorsement pursuant to paragraph (4)(a), may receive a unique endorsement number on each additional saltwater products license with a restricted species endorsement and current blue crab endorsement if the applicant has hard shell blue crab landings equal to or greater than 7,500 pounds on each such license during any one of the qualifying landings years as specified in paragraph (3)(c).

(d) Once eligible, a qualifying applicant shall be entitled to deploy up to 600 hard shell blue crab traps in any state waters and an additional 400 hard shell blue crab traps in offshore state waters in the Gulf of America per V-H endorsement number.

(e) Persons holding a hard shell V-H endorsement number shall be allowed to land a maximum bycatch of 150 peeler crabs daily and operate up to three peeler crab shedding tanks.

(5) Soft Shell Blue Crab Endorsement (V-S). The soft shell blue crab effort management endorsement is required to harvest peeler blue crabs in excess of the bycatch limit established in paragraph (4)(e), using gears as authorized in subsection 68B-45.004(2), F.A.C., or to produce soft shell blue crabs with more than three (3) shedding tanks.

(a) In order to obtain a V-S endorsement number on a saltwater products license, an applicant must have documented landings of soft shell or peeler blue crabs equal to or greater than 750 crabs during any one of the qualifying years as specified in paragraph (3)(c). Persons holding more than one saltwater products license, none of which individually have 750 soft shell or peeler blue crabs, may qualify for a V-S endorsement number if the sum of soft shell or peeler blue crab landings listed on multiple licenses is equal to or greater than 750 soft shell or peeler blue crabs.

(b) An applicant that qualifies for a single V-S endorsement number pursuant to paragraph (5)(a), may receive a unique V-S endorsement number on one additional saltwater products license if such license has documented landings of soft shell blue crab or peeler crab landings equal to or greater than 2,500 crabs during any one of the qualifying landings years specified in paragraph (3)(c).

(d) Once eligible, the holder of a V-S endorsement number as specified in paragraph (a), shall be entitled to fish up to 400 peeler crab traps as specified in subsection 68B-45.004(2), F.A.C., in state waters.

(e) Persons holding a V-S endorsement number as specified in paragraph (b), shall be entitled to fish up to 250 peeler crab traps as specified in subsection 68B-45.004(2), F.A.C., in state waters in addition to those specified in paragraph (d).

(f) No single V-S endorsement number holder may hold more than two V-S endorsement numbers at any one time.

(6) Non-transferable blue crab effort management endorsement (V-N). Persons will qualify for the V-N endorsement if they held a valid saltwater products license with a valid restricted species endorsement and a blue crab endorsement pursuant to Section 379.366, F.S., at the time of application, have had no convictions for violations associated with gears defined in subsection 68B-4.002(3) or (4), F.A.C., since July 1, 1995, and have documented landings using such gears pursuant to Commission trip tickets generated for the Marine Information System under Rule Chapter 68E-5, F.A.C., prior to July 1, 1995, or, sold nets to the state according to the provisions of the net buy back program, Chapter 95-414, Laws of Florida. Qualifying landings must have been received by the Marine Information System no later than August 1, 1995.

(a) The non-transferable blue crab effort management endorsement cannot be sold or otherwise transferred to any other person as described in subsection (15) or (16).

(b) The holder of a non-transferable blue crab effort management endorsement number shall be entitled to purchase up to 100 hard shell blue crab trap tags that will allow them to deploy a like number of hard shell blue crab traps in any state waters where blue crab traps are allowed.

(c) Applicants qualifying for a V-N blue crab effort management endorsement number pursuant to this subsection may apply for the endorsement by completing and submitting application Form DMF-SL4570, Non-Transferable Blue Crab Effort Management Endorsement (09-06), incorporated herein by reference.

(d) Applicants must submit their application to the Commission no later than September 30, 2007. An applicant may be a person, firm, or corporation.

(e) Applicants qualifying pursuant to subsection (6), will only be eligible for one V-N endorsement.

(f) Applicants initially denied a V-N endorsement number may appeal their denial by submitting a completed appeals application form (DMF-4580, Application for Appeal of the Non-Transferable Blue Crab Limited Entry Endorsement (09-06), hereby incorporated by reference), to the Director of the Division of Marine Fisheries Management by September 30, 2007.

(g) The Executive Director of the Commission or his designee shall consider disputes or problems of applicants appealing their initial denial of a V-N award.

(h) The burden of proof shall be on the appellant to demonstrate through either: 1) copies of trip tickets or other proof of landings described in paragraph (a), legitimate sales to a licensed wholesale dealer that were not reported by the wholesale dealer or included in the agencies database, or 2) proof of sales to the state according to the provisions of the net buy back program, Chapter 95-414, Laws of Florida.

(i) The holder of a V-N blue crab effort management endorsement number shall be subject to the same trap tag requirements described in subsection (7).

(j) The holder of a V-N blue crab effort management endorsement number shall be subject to the same renewal criteria described in subsection (9).

(k) The holder of a V-N blue crab effort management endorsement number shall be subject to the renewal criteria described in paragraph (10)(a).

(l) The holder of a V-N blue crab effort management endorsement number shall not be eligible to serve either on the blue crab limited entry appeals board described in subsection (11), or the advisory board described in subsection (12).

(m) The holder of a V-N endorsement number shall be subject to the requirements of subsections (13) and (14).

(n) If the holder of a V-N blue crab effort management endorsement number purchases a V-H endorsement described in subsection (4), or a V-S endorsement described in subsection (5), the non-transferable endorsement shall be forfeited.

(7) Trap Tags.

(a) Trap tags shall only be issued to holders of a current valid saltwater products license with a restricted species endorsement and a blue crab effort management endorsement number.

(b) Beginning July 1, 2007, each trap used for the directed harvest of blue crabs must have securely fastened thereto a current trap tag issued annually by the Commission. Each such tag shall be manufactured by a Commission vendor and made of durable plastic or similarly durable material and shall have printed thereon the holder’s blue crab effort management endorsement number. To facilitate enforcement and record keeping, such tags shall be issued each year in a color different from those used in the preceding three years. Traps with tags that are not securely fastened shall be considered untagged for enforcement purposes.

(c) Blue crab trap tags shall only be issued to natural persons. For the purpose of this section, the term “natural person” or “person” refers to a human being and does not include a firm, organization, partnership, association, corporation, or other business or legal entity or group or combination. A corporation that holds a blue crab effort management endorsement number shall designate one individual to whom they are assigning their trap tags.

(d) Each person who possesses a blue crab effort management endorsement number shall annually submit a blue crab effort management endorsement trap tag order application form stating the number of tags they wish to receive, up to the maximum specified in subsection (4) or (5), from February 1 through March 15 to ensure receipt of tags before the beginning of the next license year. However, tags ordered after this time period may not be available prior to the beginning of the next license year.

(e) Trap tags may only be ordered in blocks of 50 tags.

(f) Blue crab trap tags shall not be issued to blue crab effort management endorsement holders until all license fees and any other outstanding fees owed the Commission have been paid in full and are current and the tag holder’s saltwater products license with valid restricted species endorsement and blue crab effort management endorsement are not otherwise inactive.

(g) Lost or damaged tags may be replaced using Commission Form DMF-SL4530 (05-05), Blue Crab Trap Tag Replacement Application, incorporated herein by reference, and upon proper verification of loss as provided in paragraph (i). Damaged tags must be immediately returned to the Commission.

(h) As part of the Blue Crab Trap Tag Replacement Application (DMF-SL 4530 (05-05)), the applicant shall provide the tag holder’s name, saltwater products license number, blue crab effort management endorsement number, the number of tags that were lost, location or area where the tags were lost, and circumstances under which the tags were lost.

(8) Effective September 30, 2007, no additional blue crab effort management endorsements will be issued except to applicants qualifying as specified in subsection (18), and no blue crab effort management endorsement will be renewed or replaced except those that were issued pursuant to subsection (4), (5), (6) or (11).

(9) Beginning in the 2008/2009 license year, each holder of a blue crab effort management endorsement number, or an immediate family member of such holder in the case of an individual, must renew the endorsement number each license year before September 30. Failure to renew the endorsement number by September 30 of any year will result in forfeiture of the endorsement number.

(10) Requalification. Beginning with license year 2010/2011, the holder of a blue crab effort management endorsement number, except those qualifying as specified in subsection (18), must requalify for the endorsement number by documenting landings on such endorsement as specified in paragraph (a) or (b), in at least one of the previous three license years. Each endorsement number will then be valid for three years from the date of requalification, but must still be renewed annually as required by subsection (8). Except for the V-I endorsement specified in subsection (18), any blue crab effort management endorsement number not meeting the requalification criteria as specified in paragraph (a) or (b), will not be renewed.

(a) In order to requalify a V-H or a V-N endorsement number, an applicant for requalification must document landings equal to or exceeding 500 pounds of hard shell blue crabs. Persons wishing to also requalify V-H endorsement numbers on additional saltwater products licenses must document landings equal to or exceeding 7,500 pounds of hard shell blue crabs on each of those licenses.

(b) In order to requalify a V-S endorsement number, an applicant for requalification must document landings equal to or exceeding 750 soft crabs or peeler crabs. Persons wishing to also requalify a V-S endorsement number on an additional saltwater products license must document landings equal to or exceeding 2,500 soft crabs or peeler crabs on that license.

(11) Blue Crab Appeals Board. The Executive Director of the Commission shall appoint an appeals board composed of six blue crab effort management endorsement holders or wholesale seafood dealers and one Commission staff member to consider disputes or problems arising from the initial denial of a blue crab effort management endorsement.

(a) The six members of the appeals board will consist of at least four members that qualify for a V-H endorsement number and at least one that qualifies for a V-S endorsement number. No member may have appealed their initial blue crab effort management endorsement award.

(c) Criteria for issuance of blue crab effort management endorsement numbers by the appeals board on grounds of hardship shall be established by the Blue Crab Advisory Board.

(d) After disputes are considered, a recommendation shall be submitted to the Executive Director of the Commission, or his designee, for resolution of the appeal, which recommendation shall either allot an endorsement number to the appellant or uphold the denial of an endorsement number. Notice will be given in writing to the appellant explaining the reasons for the final decision. The action of the Executive Director of the Commission constitutes final agency action, and is appealable pursuant to the requirements of Chapter 120, F.S.

(12) Blue Crab Advisory Board. There is hereby established the Blue Crab Advisory Board. Such board shall consider and advise the Commission on the operation of the effort management program and any problems in the fishery.

(a) The board shall consist of a member of the Commission staff appointed by the Executive Director of the Commission, and eight members appointed by the Executive Director of the Commission according to the following criteria, except as otherwise provided in paragraph (b).

All appointed members other than the commission staff person shall be holders of a blue crab effort management endorsement holders and shall not have been convicted of any violations of Chapter 68B-45, F.A.C., within the last six (6) years. At least two shall have blue crab landings equal to or greater than 5,000 pounds during the preceding license year and at least two shall have landings less than 5,000 pounds during such license year.
At least five appointed members shall hold a V-H endorsement number, and at least two shall hold a V-S endorsement number.
At least one member shall come from each of the following regions of Florida:

a. Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, Wakulla counties,

b. Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco counties,

c. Pinellas, Hillsborough, Manatee, Sarasota, Charlotte, Lee, Collier counties,

d. Indian River, St. Lucie, Martin, Palm Beach, Broward, Dade, Monroe counties,

e. Nassau, Duval, Clay, St. Johns, Putnam, Flagler, Volusia, Brevard counties.

(b) If there are not enough individuals that meet the above-referenced criteria, the Executive Director of the Commission may fill any position on the initial board with an individual who does not fulfill the requirements of subparagraph (11)(a)3. However, as soon as individuals are available that meet such requirements, the Executive Director of the Commission may reconstitute the board with qualified appointees. The Executive Director of the Commission shall replace any board member who is cited for and convicted of a violation of Chapter 68B-45, F.A.C., or who misses more than two scheduled meetings of the board without approval from the board chair, with another blue crab fisherman from any region.

(c) Holders of blue crab effort management endorsement numbers wanting to be considered for appointment to the Blue Crab Advisory Board shall make their request on Commission Form DMF-SL4540 (09-06), incorporated herein by reference.

(d) The staff member of the Commission appointed by the Executive Director of the Commission shall sit on the board as a voting member. The board shall annually elect a chair and a vice chair the first meeting in the calendar year. The Commission staff member may not serve as either chair or vice chair. There shall be no limitation on successive terms that may be served by a chair or vice chair. The board shall meet at the call of its chair, at the request of a majority of its membership or at the request of the Commission. Official action of the board shall require a majority vote of the total membership of the board members present during a meeting.

(e) Board members shall serve staggered terms of up to three (3) years, provided however, that this shall not apply to the Commission staff member who serves at the pleasure of the Executive Director of the Commission.

(f) Members of the board shall receive no compensation, however, they shall be reimbursed for per diem and travel expenses as provided in Section 112.061, F.S.

(g) Upon reaching a decision on any issue brought before it, the board shall submit such decision as a recommendation to the Executive Director of the Commission. The Executive Director of the Commission may submit said recommendation to the Commission at his or her discretion.

(h) The board shall have the authority to conduct workshops with fishers to determine what problems exist in the fishery and to make recommendations to the Commission to solve those problems.

(i) On July 1, 2012, the board is dissolved unless extended by the Executive Director of the Commission.

(13) Leasing Prohibited. The leasing or renting of blue crab effort management endorsement numbers, tags, or traps is prohibited.

(14) Endorsement Holder Responsibility. The holder of a blue crab endorsement number is responsible for the actions of anyone working under that endorsement. All monies or proceeds from the sale of blue crabs landed under the blue crab effort management endorsement holder’s saltwater products license shall be issued only to the endorsement holder.

(15) Transferability. After the initial issuance, the hard shell blue crab (V-H) and soft shell blue crab (V-S) effort management endorsement numbers are transferable upon approval of the Commission under the following conditions:

(a) The buyer must hold a saltwater products license with a valid restricted species endorsement and a blue crab effort management endorsement number. If a buyer does not possess a blue crab effort management endorsement number, they must hold a certificate of completion of the blue crab apprentice program as specified in paragraph (b).

(b) Persons not already holding a blue crab effort management endorsement number and wishing to purchase such an endorsement number shall complete an apprenticeship program consisting of working no fewer than fourteen (14) days fishing for blue crab with a properly licensed blue crab effort management endorsement number holder. As evidence thereof, such person must possess a blue crab effort management apprenticeship form (DMF-SL4550 (09-06), incorporated herein by reference)) signed by the endorsement holder attesting to the applicant having worked no fewer than fourteen (14) days fishing for blue crabs on the endorsement holder’s vessel.

(c) A person who wishes to transfer an endorsement number shall submit a notarized statement of intent within 72 hours of the final notarized signature, that has been signed by both parties to the transaction, hand delivered, or sent by United States Postal Service certified mail, return receipt requested, to the Commission between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. The statement of intent (Form DMF-SL 4560 (09-06), incorporated herein by reference)), shall include the following information:

The name, address, and SPL number of seller,
The name, address, and SPL number of buyer; and,
The selling price.

(d) A blue crab effort management endorsement number shall not be issued, transferred, or renewed until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full.

(16) In the event of the death or permanent disability of a person holding a blue crab endorsement number, the endorsement number may be transferred by the license holder or the executor of the estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties to the Commission in full.

(17) No Vested Rights. This blue crab effort management program does not create any vested rights for endorsement number holders whatsoever and may be altered or terminated by the Commission as necessary to protect the blue crab resource, the participants of the fishery, or the public interest.

(18) Blue crab incidental take endorsement. Persons possessing a valid stone crab endorsement or can demonstrate landings of blue crabs caught as bycatch by shrimp gears that were used to lawfully harvest shrimp pursuant to Commission trip tickets generated for the Marine Information System under Rule Chapter 68E-5, F.A.C., will qualify for a blue crab incidental take endorsement (V-I). The holder of a V-I number shall be entitled to harvest and sell blue crab as bycatch, provided the amount does not exceed 200 pounds of blue crabs per vessel per trip.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-26-05, Amended 3-30-06, 9-21-06, 7-31-07, 1-26-11.

Fla. Admin. Code R. 68B-45.008 Assessment of Administrative Penalties for Violations Relating to Blue Crab Management

(1) For conviction of a violation involving use of blue crab traps without current year trap tags pursuant to paragraph 68B-45.007(7)(b), F.A.C., the Commission shall assess administrative penalties pursuant to Section 379.366(4)(a), F.S., as follows:

(a) For a first violation:

Involving 20 or fewer untagged blue crab traps – $25 per untagged trap,
Involving 21 or more untagged blue crab traps – $1000.

(b) For a second violation occurring within 24 months of any previous such violation:

Involving 5 or fewer untagged blue crab traps – $50 per untagged trap,
Involving 6 to 20 untagged blue crab traps – $75 per untagged trap and suspension of all blue crab fishing privileges for 12 calendar months,
Involving 21 or more untagged blue crab traps – $2000 and suspension of blue crab fishing privileges for 12 calendar months.

Involving 5 or fewer untagged blue crab traps – $100 per untagged trap and suspension of all blue crab fishing privileges for 24 calendar months,
Involving 6 to 20 untagged blue crab traps – $2500 and suspension of all blue crab fishing privileges for 24 calendar months,
Involving 21 or more untagged blue crab traps – $5000 and suspension of all blue crab fishing privileges for 24 calendar months.

(d) For a fourth violation occurring within 48 months of three previous such violations, regardless of the number of untagged blue crab traps involved – permanent revocation of all saltwater fishing privileges, including the endorsement holder’s saltwater products license, and all endorsements.

(2) For conviction of a violation involving trap theft, which is the unauthorized possession of another harvester’s blue crab trap gear or removal of another harvester’s blue crab trap contents, the Commission shall assess an administrative penalty of $5000, permanently revoke all saltwater fishing privileges, including all saltwater products licenses, endorsements, and trap tags allotted to him or her by the Commission, and prohibit the transfer of all endorsements pursuant to Section 379.366(4)(b), F.S.

(3) For conviction of a violation involving the willful molestation of a blue crab trap, trap line or buoy that is the property of any licenseholder without the permission of that licenseholder, the Commission shall assess an administrative penalty pursuant to Section 379.366(4)(c), F.S., as follows:

(a) For a first violation – $2500 and suspension of all blue crab or incidental take endorsements for 12 calendar months.

(b) For a second and each of all subsequent such violations – $5000 and suspension of all blue crab or incidental take endorsements for 24 calendar months.

(4) For conviction of a violation involving the bartering, trading, leasing, selling, giving, supplying, conspiracy to or aid in bartering, trading, leasing or selling, or agreeing or aiding to supply a blue crab trap tag without authorization from the Commission, the Commission shall assess administrative penalties pursuant to Section 379.366(4)(c), F.S., as follows:

(a) For a first violation:

Involving 5 or fewer blue crab trap tags – $1000,
Involving 6 or more blue crab trap tags – $1000 and suspension of all blue crab endorsements for the remainder of the license year.

(b) For a second violation occurring within 24 months of any previous such violation:

Involving 5 or fewer blue crab trap tags – $1000 and suspension of all blue crab endorsements for 12 calendar months,
Involving 6 or more blue crab trap tags – $2000 and suspension of all blue crab endorsements for 12 calendar months.

Involving 5 or fewer blue crab trap tags – $3000 and suspension of all blue crab endorsements for 24 calendar months,
Involving 6 or more blue crab trap tags – $5000 and suspension of all blue crab endorsements for 24 calendar months.

(5) For conviction of a violation involving the possession or use of any blue crab trap tags not issued by the Commission or the unlawful making, altering, forging, counterfeiting or reproducing of blue crab trap tags, the Commission shall assess administrative penalties pursuant to Section 379.366(4)(c), F.S., as follows:

(a) For a first violation:

Involving 15 or fewer illegal blue crab trap tags – $500,
Involving 16 or more illegal blue crab trap tags – $1000.

(b) For a second violation occurring within 24 months of a previous such violation:

Involving 10 or fewer illegal blue crab trap tags – $1000 and suspension of all blue crab endorsements for 12 calendar months,
Involving 11 or more illegal blue crab trap tags – $2000 and suspension of all blue crab endorsements for 12 calendar months.

Involving 5 or fewer illegal blue crab trap tags – $3000 and suspension of all blue crab endorsements for 24 calendar months,
Involving 6 or more illegal blue crab trap tags – $5000 and suspension of all blue crab endorsements for 24 calendar months.

(6) For conviction of a violation involving the possession of a number of original trap tags or replacement tags, the sum of which exceeds by one percent the number of traps allowed by Commission rules, the Commission shall assess an administrative penalty of $5000, and suspend all blue crab endorsements for 24 months pursuant to Section 379.366(4)(c), F.S.

(7) For conviction of a violation involving the commercial harvest of blue crabs during the time period when the license holder’s blue crab or incidental take endorsements are under suspension, the Commission shall assess an administrative penalty of $5000 and suspend all blue crab or incidental take endorsements for an additional 24 months to be applied consecutively to the current suspension period pursuant to Section 379.366(4)(c), F.S.

(8) For conviction of a violation involving fraudulently reporting the actual value of a transferred blue crab endorsement, the Commission shall assess an administrative penalty pursuant to Section 379.366(4)(d), F.S., as follows:

(a) If the difference between the actual value and the reported value of the endorsement is less than 25% of the actual value – suspension of the purchaser’s blue crab endorsements for six calendar months.

(b) If the difference between the actual value and the reported value of the endorsement is between 25% and 49.9% of the actual value – suspension of all the purchaser’s blue crab endorsements for 12 calendar months.

(c) If the difference between the actual value and the reported value of the endorsement is equal to or greater than 50% of the actual value – permanent revocation of all the purchaser’s blue crab endorsements.

(9) Immediately upon receiving a citation for a violation referenced in subsections (3)-(7), the commercial harvester is prohibited from transferring any blue crab endorsement until said violation is adjudicated, pursuant to Section 379.366(4)(c), F.S.

(10) If blue crab effort management endorsement privileges are suspended for a violation referenced in subsections (3)-(7), a commercial harvester is prohibited from transferring any blue crab endorsement until the period of suspension expires, pursuant to Section 379.366(4)(c), F.S.

(11) For purposes of this rule, a conviction is any judicial disposition other than acquittal or dismissal.

(12) A blue crab endorsement will not be renewed by the Commission until all fees and administrative penalties are paid in full.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.366 FS. Law Implemented Art. IV, Sec. 9, Fla. Const.; 379.366 FS. History–New 7-1-09.

Fla. Admin. Code R. 68B-45.011 Recreational Blue Crab Trap Registration Requirement

The purpose and intent of this rule is to improve recreational harvest data collection capabilities and estimates of trap effort for the recreational blue crab trap fishery by identifying the population of recreational harvesters participating in this trap fishery.

(1)(a) Recreational harvesters are required to report their intention to harvest or attempt to harvest blue crabs using traps in the upcoming year. A recreational harvester may not deploy a trap authorized by paragraph 68B-45.004(1)(a) or by subsections 68B-45.004(2)-(3), F.A.C., or harvest from or attempt to harvest from, fish with, set, or place such a trap in or on Florida Waters, unless that person has reported their intention to do so by completing the Recreational Blue Crab Trap Registration within the previous 12 months. Upon completion of the Recreational Blue Crab Trap Registration, a recreational harvester will be assigned a series of five recreational blue crab trap identification numbers.

(b) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(2) Commission-issued proof of registration required in subsection (1) must be in the personal possession of the recreational harvester while the recreational harvester is harvesting or attempting to harvest blue crabs with a trap authorized by paragraph 68B-45.004(1)(a) or subsections 68B-45.004(2)-(3), F.A.C., in or on Florida Waters, or in possession of a blue crab trap authorized by paragraph 68B-45.004(1)(a) or subsections 68B-45.004(2)-(3), F.A.C., or blue crab harvested from such traps in or on Florida Waters.

(3) Persons meeting the criteria outlined in paragraphs 379.353(2)(a), (i), (j), and (o), F.S., are exempt from the reporting requirement established by this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-20.

Chapter 68B-46 HORSESHOE CRABS

Fla. Admin. Code R. 68B-46.001 Definitions

As used in this rule chapter:

(1) “Harvest” means the catching or taking of a horseshoe crab, by any means whatsoever, followed by a reduction of such crab to possession. Horseshoe crabs that are caught but immediately returned to the water free, alive, and unharmed are not harvested.

(2) “Horseshoe crab” means any arthropod of the species Limulus polyphemus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-30-00.

Fla. Admin. Code R. 68B-46.002 Horseshoe Crabs Harvest Restrictions: License Requirements, Gear Specifications, Daily Bag and Possession Limits

(1) No person shall harvest, possess, or sell any horseshoe crab unless that person possesses a valid saltwater products license. Horseshoe crabs shall be considered saltwater products for purposes of Section 379.362, F.S.

(2) The harvest or attempted harvest of any horseshoe crab by or with the use of any means or gear other than by hand or gig is prohibited.

(3)(a) Except as provided in paragraph (b), no person shall harvest in any day, within or without the waters of the state, land, or possess while in or on the waters of the state more than 25 horseshoe crabs. No such person shall possess more than 25 horseshoe crabs while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

(b)1. The following bag and possession limits apply to a person with a valid saltwater products license with a marine life endorsement:

a. No such person shall harvest in any one day, within or without the waters of the state, land, or possess while in or on the waters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoe crabs while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

The following bag and possession limits apply to a person with a valid saltwater products license and a valid permit to harvest eels commercially in the freshwaters of the state:

a. No such person shall harvest in any one day, within or without the waters of the state, land, or possess while in or on the saltwaters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoe crabs while in, on, or above the saltwaters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

The following provisions apply to each person collecting horseshoe crabs for biomedical purposes:

a. No person shall collect horseshoe crabs for biomedical purposes without possessing a valid Horseshoe Crab Biomedical Collecting Permit. This is not a harvesting permit, but rather allows the holder to temporarily possess horseshoe crabs for the purpose of collecting the blood of the animal.

b. Horseshoe crabs collected for biomedical purposes shall be handled so as to minimize injury, maintained alive, and released alive in the area where collected.

c. Persons possessing a valid Horseshoe Crab Biomedical Collecting Permit are exempted from bag and possession limits specified in paragraph (a), of this subsection if the horseshoe crabs collected are maintained and released alive.

d. The Horseshoe Crab Biomedical Collection Permit shall be renewed each year if the holder files the report required in sub-subparagraph e.

e. Each person holding a Horseshoe Crab Biomedical Collection Permit shall file with the Division of Marine Fisheries by May 1 each year a report detailing the use of horseshoe crabs. Such reports will be filed on forms provided by the Division (Form DMF-HSC001 (7-02)) and will include a monthly account of the number of crabs collected, areas where horseshoe crabs were collected, statement of percent mortality up to the point of release, and a certification that collected horseshoe crabs are solely used by the biomedical facility for biomedical purposes and not for other purposes.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-30-00, Amended 7-9-02.

Chapter 68B-47 WEAKFISH

Fla. Admin. Code R. 68B-47.001 Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Amended 1-1-98, Formerly 46-47.001, Amended 7-1-06, 7-27-10, Repealed 9-1-13.

Fla. Admin. Code R. 68B-47.002 Definitions

As used in Chapter 68B-47, F.A.C.:

(1) “Weakfish,” also known as gray seatrout or yellow-mouth trout, means a fish harvested from the Weakfish Management Area that is of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species. Weakfish includes part of a fish harvested from the Weakfish Management Area that is of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species.

(2) “Weakfish Management Area” is defined as the area encompassing the St. Marys River and the inland waters of Nassau County east of Highway 17, north of State Highway 200A, and north of the Shave Bridge on the Amelia River. In addition, state waters off Amelia Island, from the Florida-Georgia border to the southernmost tip of Amelia Island are included in the area.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Formerly 46-47.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-47.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest from the Weakfish Management Area a weakfish that is less than 12 inches in total length. A person may not possess in or on Florida Waters or land a weakfish that is less than 12 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting weakfish shall land each weakfish in whole condition. A person may not possess in Florida Waters a weakfish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a weakfish, or removal of gills from a weakfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Formerly 46-47.003, Amended 7-27-10, 9-1-13.

Fla. Admin. Code R. 68B-47.004 Bag and Vessel Limits; Bycatch Allowance

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from the Weakfish Management Area more than 1 weakfish per day or possess in the Weakfish Management Area more than 1 weakfish.

(2) Commercial Limits –

(a) Limits for Directed Harvest –

Bag Limit – A commercial harvester may not harvest or land from the Weakfish Management Area more than 100 pounds of weakfish per day or possess in the Weakfish Management Area more than 100 pounds of weakfish. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable vessel limit.
Vessel Limit – The commercial harvesters aboard a vessel may not collectively harvest or land more than 100 pounds of weakfish per day or collectively possess more than 100 pounds of weakfish, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable bag limit.

(b) Shrimp Fishery Bycatch Allowance.

Bag Limit – A commercial harvester who is lawfully targeting shrimp with a trawl may not harvest or land per day from the Weakfish Management Area or possess more than 100 pounds of weakfish as incidental bycatch. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable vessel limit.
Vessel Limit – The commercial harvesters aboard a vessel that is lawfully targeting shrimp may not collectively harvest or land per day from the Weakfish Management Area or collectively possess more than 100 pounds of weakfish as incidental bycatch of a commercial shrimp trawl.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-47.004, Amended 9-1-13.

Fla. Admin. Code R. 68B-47.005 Commercial Harvest Limits

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10, Repealed 9-1-13.

Fla. Admin. Code R. 68B-47.006 Prohibited Gear and Harvest Methods

A person may not harvest or attempt to harvest a weakfish by spearing.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10, Amended 9-1-13.

Fla. Admin. Code R. 68B-47.008 Applicability of Weakfish Regulations

(1) The provisions of Chapter 68B-47, F.A.C., apply to the harvest of fish within the Weakfish Management Area that are of the species Cynoscion regalis and Cynoscion arenarius (sand seatrout), and hybrids of the two species.

(2) A fish of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species that is harvested from Florida Waters outside of the Weakfish Management Area will be considered sand seatrout, not weakfish, and subject to any applicable regulations for sand seatrout.

(3) The presence of a fish of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species aboard a vessel that is actively fishing in the Weakfish Management Area constitutes prima facie evidence that the fish was harvested from the Weakfish Management Area and therefore subject to the applicable weakfish regulations established in this chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-48 FLOUNDER

Fla. Admin. Code R. 68B-48.001 Designation as Restricted Species; Applicability of Rules to State and Federal Waters

(1) Flounder is hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

(2) The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Formerly 46-48.001, Amended 9-1-13, 3-1-21.

Fla. Admin. Code R. 68B-48.002 Definitions

“Flounder” means any of the following species or any part thereof:

(1) Paralichthys albigutta (gulf flounder);

(2) Paralichthys lethostigma (southern flounder);

(3) Paralichthys dentatus (summer flounder), or

(4) Etropus crossotus (fringed flounder).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-98, Formerly 46-48.002, Amended 7-1-06, 9-1-13.

Fla. Admin. Code R. 68B-48.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest or possess within or without Florida Waters or land a flounder that is less than 14 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting flounder shall land each flounder in whole condition. A person may not possess within or without Florida Waters a flounder that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a flounder, or removal of gills from a flounder.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-97, 8-31-98, Formerly 46-48.003, Amended 9-1-13, 3-1-21.

Fla. Admin. Code R. 68B-48.004 Recreational Bag Limits; Commercial Trip and Vessel Limits; Commercial Bycatch Allowance

(1) Recreational Bag Limit – A recreational harvester may not harvest or possess within or without Florida Waters or land more than 5 flounder per day.

(2) Commercial Limits –

(a) Commercial Bag Limit –

Beginning December 1 and continuing through October 14 of the following year, a commercial harvester may not harvest or possess within or without Florida Waters or land more than 150 flounder per day.
Beginning October 15 and continuing through November 30 each year, a commercial harvester may not harvest or possess within or without Florida Waters or land more than 50 flounder per day.

(b) Commercial Vessel Limit –

Beginning December 1 and continuing through October 14 of the following year, the commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 150 flounder per day.
Beginning October 15 and continuing through November 30 each year, the commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 50 flounder per day.

(c) Commercial Bycatch Allowance – The following harvest, possession, and landing limits shall apply to the commercial harvest of flounder as incidental bycatch pursuant to subsection 68B-48.006(3), F.A.C.:

Except as provided subparagraph (2)(c)2., a commercial harvester may not harvest or possess within or without Florida Waters more than 50 flounder per trip or land more than 50 flounder per day as incidental bycatch of gear that is being used to lawfully harvest another target species.
In or on federal waters adjacent to Florida Waters, a commercial harvester is subject to the following harvest, possession, and landing limits when harvesting flounder as incidental bycatch in shrimp trawls that are being used to lawfully harvest shrimp in federal waters adjacent to Florida Waters:

a. Beginning December 1 and continuing through October 14 of the following year, the commercial harvesters aboard a vessel may not collectively harvest or possess more than 150 flounder per trip or land more than 150 flounder per day.

b. Beginning October 15 and continuing through November 30 each year, the commercial harvesters aboard a vessel may not collectively harvest or possess more than 50 flounder per day.

c. Transit provision – Flounder lawfully harvested as incidental bycatch in shrimp trawls in federal waters pursuant to subparagraph (2)(c)2., may be transported directly through Florida Waters and landed provided that trawl gear is appropriately stowed and the vessel is in continuous and direct transit from federal waters to the place where the vessel is regularly docked, moored, or otherwise stored or to the licensed wholesale dealer where the catch is to be sold. For the purpose of this sub-subparagraph, appropriately stowed means a trawl’s doors or frame are not deployed in the water.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-97, 1-1-98, Formerly 46-48.004, Amended 9-1-13, 3-1-21.

Fla. Admin. Code R. 68B-48.005 Seasons

(1) Recreational Closed Season – A recreational harvester may not harvest or possess within or without Florida Waters or land a flounder beginning October 15 and continuing through November 30 each year.

(2) Commercial Closed Season – There is no closed season for flounder applicable to commercial harvesters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-21.

Fla. Admin. Code R. 68B-48.006 Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a flounder within or without Florida Waters only by or with the use of beach or haul seine, cast net, hook and line gear, or by spearing.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a flounder within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest flounder within or without Florida Waters.

(c) A person may not harvest or attempt to harvest a flounder within or without Florida Waters by snagging the flounder or land a flounder so harvested.

(3) Bycatch Exception – Notwithstanding subsection (1), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a flounder captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1), if the gear is being used to lawfully harvest another target species, only to the limits specified in paragraph 68B-48.004(2)(c), F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a flounder by or with the use of any gear or method that is not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 3-1-21.

Fla. Admin. Code R. 68B-48.011 Aquaculture Exemption

(1) The provisions of Chapter 68B-48, F.A.C., do not apply to flounder artificially spawned and raised in a commercial aquaculture facility.

(2) A person who is in possession of or offering for sale a flounder that was artificially spawned and raised in a commercial aquaculture facility shall maintain and be able to produce the appropriate receipts, bills of sale, and bills of lading to establish the chain of possession of the flounder beginning with the initial transaction after harvest at the commercial aquaculture facility.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-49 TRIPLETAIL

Fla. Admin. Code R. 68B-49.001 Designation as a Restricted Species; Applicability of Rules to State and Federal Waters

(1) Tripletail is hereby designated a restricted species pursuant to section 379.101(32), F.S.

(2) The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-98, Formerly 46-49.001, Amended 7-1-06, 9-1-13, 7-1-18.

Fla. Admin. Code R. 68B-49.002 Definitions

“Tripletail” means a fish of the species Lobotes surinamensis, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 8-31-98, Formerly 46-49.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-49.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest or possess within or without Florida Waters, or land a tripletail that is less than 18 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting tripletail shall land each tripletail in whole condition. A person may not possess within or without Florida Waters a tripletail that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a tripletail, or removal of gills from a tripletail.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-98, Formerly 46-49.003, Amended 9-1-13, 7-1-18.

Fla. Admin. Code R. 68B-49.004 Bag and Vessel Limits; Bycatch Allowance

(1) Recreational Bag Limit – A recreational harvester may not harvest or possess within or without Florida Waters or land more than 2 tripletail per day.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest or possess within or without Florida Waters or land more than 10 tripletail per day.

(b) Commercial Vessel Limit – The commercial harvesters aboard a vessel within or without Florida Waters may not collectively possess more than 10 tripletail, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of tripletail in excess of the applicable bag limits.

(c) Tripletail Bycatch Allowance – A commercial harvester may not harvest more than 2 tripletail per day pursuant to rule 68B-49.006, F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species. A commercial harvester may not possess more than 2 tripletail that were harvested pursuant to Rule 68B-49.006, F.A.C. as incidental bycatch of gear that is being used to lawfully harvest another target species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Fla. Admin. Code R. 68B-49.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception

(1) Allowed Gear and Method of Harvest – A person may harvest a tripletail within or without Florida Waters only by or with the use of hook and line gear.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest a tripletail within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest tripletail within or without Florida Waters.

(3) Bycatch Exception – Notwithstanding subsections (1) and (2), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a tripletail captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1), if the gear is being used to lawfully harvest another target species, only to the limit specified in paragraph 68B-49.004(2)(c) F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a tripletail by or with the use of any gear or method that is not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Chapter 68B-50 BAITFISH TRAWL FISHERIES

Fla. Admin. Code R. 68B-50.001 Baitfish Trawls: Allowed for Directed Harvest of Listed Species in Northwest Region; Bycatch Allowance; Open Areas and Seasons; Gear Specifications; Definitions

(1) Species – Baitfish trawls shall only be used for the directed harvest of the following species, within the waters of the state specified in subsection (3) of this rule:

(a) Menhaden – Genus Brevoortia.

(b) Round herring – Etrumeus teres.

(d) Atlantic thread herring – Opisthonema oglinum.

(e) Sardines – Genus Sardinella.

(f) Anchovies – Genus Anchoa.

(g) Round scad – Decapterus punctatus.

(h) Chub mackerel – Scomber japonicus.

(i) Blue runner – Caranx crysos.

(j) Ladyfish – Elops saurus.

(2) Bycatch Allowance – Species harvested as an incidental bycatch of other species lawfully harvested in a baitfish trawl pursuant to this rule, other than those listed in subsection (1), shall not be deemed to have been unlawfully harvested or landed in violation of this rule if the combined whole weight of the bycatch does not exceed ten percent by weight of all fish in possession of the harvester at any time. This allowed bycatch shall include fish that are retained and subject to the limits specified in other chapters of Title 46 of the F.A.C.

(3) Open Areas and Seasons – Baitfish trawls shall be allowable gear for the directed harvest of the species specified in subsection (1), but only in state waters seaward of the Colregs Demarcation Line in the Northwest Region, beginning on April 1 and continuing through November 15 each year. This subsection shall be effective beginning July 1, 1996, and continuing through November 15, 1998. Thereafter, baitfish trawls shall not be allowable gear in any state waters, without further amendment of this rule.

(4) Gear Specifications – Any baitfish trawl used for the directed harvest of the finfish bait species listed in subsection (1), shall meet the following specification and operational requirements:

(a) No baitfish trawl shall be towed for more than 30 minutes, beginning when the trawl is placed in the water and ending when the trawl is completely removed from the water.

(b) In the open areas specified in subsection (3), no more than two unconnected baitfish trawls, each with a perimeter around the leading edge of the net not greater than 66 feet and a mesh area not greater than 500 square feet, shall be fished or deployed from any vessel.

(c) No baitfish trawl or any part thereof shall contact the sea floor. This specification shall not be construed to prohibit the use of no more than two weights connected to the leg lines of a trawl that may contact the sea floor while the trawl is towed and fished at the surface of the water.

(d) No baitfish trawl shall be deployed or fished that has a mesh size less than 1 1/4 inches stretched mesh in the cod end. The use of any liner or insert in the cod end with a smaller mesh is prohibited.

(5) Definitions – For purposes of this rule:

(a) “Baitfish trawl” means a net in the form of an elongated bag with the mouth kept open by various means and buoyed by enough floats to assure that when it is towed and fished, it will be visible at and tend the surface of the water.

(b) “Cod end,” also known as the “tail” or “bag” of a shrimp trawl, means the terminal cylinder of heavy webbing in which the catch is concentrated as the trawl is fished and which is closed at its rearmost extent by means of purse line or draw string.

(c) “Mesh area” of a net means the total area of netting with the meshes open to comprise the maximum square footage. The square footage shall be calculated using standard mathematical formulas for geometric shapes. The mesh area of a trawl shall be calculated as a cone using the maximum circumference of the net mouth to derive the radius, and the maximum length of the net with meshes open from the center of the headrope at the net mouth to the tail end of the net to derive the slant height.

(d) “Northwest Region” means all state waters of Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin counties, and all state waters of Wakulla County west of the following described line:

Beginning at the St. Marks Lighthouse, proceed southerly on a straight line to flashing channel marker #1; thence, southerly in a straight line to a point on the state waters boundary where a straight line from flashing channel marker #1 to flashing bell buoy #24 intersects with said boundary.

(e) “Perimeter” means the opening or entrance to a baitfish trawl formed and limited by attachment of the net mesh to a line or frame, which line or frame is securely attached so as to form a continuous perimeter around the leading edge of the net. The perimeter so formed is measured from point to point along the line or frame forming the leading edge of the net.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-3-96, Formerly 46-50.001.

Fla. Admin. Code R. 68B-50.002 Tarp Purse Seine Pilot Program for Certain Counties: Baitfish Annual Season Harvest Limits

(1) This rule shall govern the harvest of the following baitfish species in the region comprised by Wakulla, Franklin, Gulf, Bay, Okaloosa, and Walton Counties:

(a) Anchovy (Family Engraulidae).

(b) Blue runner (Caranx crysos).

(d) Ladyfish (Elops saurus).

(e) Chub mackerel (Scomber japonicus).

(f) Menhaden (Genus Brevoortia).

(g) Spanish sardines (Sardinella aurita).

(h) Round scad (Decapterus punctatus).

(i) Little tunny (Euthynnus alletteratus).

(2)(a) The season for commercial harvest of each of the species listed in subsection (1), in the region shall begin on July 1 of each year and continue through June 30 of the following year, unless closed earlier for a particular species pursuant to paragraph (b), of this subsection.

(b) If, during the established season for a species listed in subsection (1), the total harvest of that species in the region is projected to reach the season commercial harvest limit specified in subsection (3), prior to the June 30 close of the season, the season for the species shall be closed on the date that such harvest is projected to reach that limit, by the Executive Director of the Fish and Wildlife Conservation Commission upon notice and in the manner provided in Section 120.81(5), F.S.

(3) Annual Commercial Season Harvest Limits for the Region.

(a) The annual season commercial harvest limits in the region for the species listed in subsection (1) are as follows:

Anchovy – 85,000 pounds.
Blue runner – 508,000 pounds.
Thread herring – 308,000 pounds.
Ladyfish – 2,088,000 pounds.
Chub mackerel – 72,000 pounds.
Menhaden – 2,415,000 pounds.
Spanish sardines – 943,000 pounds.
Round scad – 999,000 pounds.
Little tunny – 392,000 pounds.

(b) The total commercial harvest of any one of these species for the region during a particular season shall consist of those fish commercially harvested by all forms of gear from waters of the counties of the region and adjacent Exclusive Economic Zone (EEZ) waters, based on projections from official statistics collected and maintained by the Fish and Wildlife Conservation Commission pursuant to Florida’s Marine Fisheries Information System. The count shall begin with those fish commercially harvested on and after July 1 of each year and continue until June 30 of the following year or until the harvest limit prescribed in paragraph (a) of this subsection is reached, whichever occurs first.

(c) If the commercial fishing season for any of the species governed by this rule is closed in the region prior to June 30, the commercial harvest of the species affected, in the counties of the region, is prohibited until the following July 1.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-12-97, Formerly 46-50.002.

Chapter 68B-51 JELLYFISH

Fla. Admin. Code R. 68B-51.001 Jellyfish: Gear Specifications and Prohibited Gear; Bycatch Prohibition; Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-96, Formerly 46-51.001, Repealed 9-1-13.

Fla. Admin. Code R. 68B-51.002 Definitions

“Jellyfish” means all species of the genera Rhopilema or Stomolophus.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-51.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch of Other Species Prohibited

(1) Allowed Gear and Method of Harvest – A person may harvest a jellyfish from Florida Waters only by or with the use of the following gear:

(a) Cast Net – with a radius 12 1/2 feet or less.

(b) Beach or Haul Seine

All Florida Waters

a. Minimum Mesh Size in the Wing Portion of the Trawl – 3 1/2 inch stretched mesh or greater

b. Minimum Mesh Size in the Bag Portion of the Trawl – 1 1/2 inch stretched mesh or greater.

c. Maximum Number – 2 paired trawls per vessel or fewer (including all trawls being fished).

Beyond Nearshore Florida Waters –

a. Maximum Mesh Area – 3,000 square feet or less.

b. Maximum Combined Total Mesh Area – Combined mesh area of 3,000 square feet or less for all paired trawls including trawls being fished.

(d) Wing Net –

Maximum Perimeter – 40 feet or less
Maximum Number –2 wing nets per vessel or fewer.

(e) Frame Net –

Maximum Perimeter – 40 feet or less.
Maximum Number –1 frame net per vessel.

(f) Hand Dip Net – The persons aboard a vessel may not harvest or attempt to harvest a jellyfish using more than 2 hand dip nets.

(2) Prohibited Gear and Method of Harvest – A person may not harvest a jellyfish from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(3) Bycatch of Other Species Prohibited – A person who is harvesting or attempting to harvest jellyfish from Florida Waters may not harvest or possess any species other than jellyfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-52 SHAD AND RIVER HERRING

Fla. Admin. Code R. 68B-52.001 Shad and River Herring: Repeal of Section 370.11(3), F.S., and Repeal of Chapter 21417, Laws of Florida (1941), Chapter 29466, Laws of Florida (1953), and Chapter 59-1771, Laws of Florida (1959); Prohibited Gear; Bag Limits; Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 1-7-97, Formerly 46-52.001, Repealed 9-1-13.

Fla. Admin. Code R. 68B-52.002 Definitions

(1) “River herring”, as used in this chapter, means a fish of the species Alosa aestivalis (blueback herring), or any part thereof.

(2) “Shad”, means a fish of the species Alosa alabamae (Alabama shad), Alosa sapidissima (American shad), Alosa mediocris (hickory shad), or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-52.004 Shad Aggregate Bag Limit

(1) Recreational Aggregate Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 10 shad, in any combination of species.

(2) Commercial Aggregate Bag Limit – A commercial harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 10 shad, in any combination of species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-52.006 Allowed and Prohibited Gear and Method of Harvest

A person may harvest a shad or river herring from Florida Waters only by or with the use of hook and line gear. All other gear and methods of harvest are prohibited.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-53 CALICO SCALLOPS

Fla. Admin. Code R. 68B-53.001 Definitions

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.001, Repealed 9-1-13.

Fla. Admin. Code R. 68B-53.002 Definitions

“Calico scallop” means a scallop of the species Argopecten gibbus, or any part of the meat or viscera thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.002, Amended 9-1-13.

Fla. Admin. Code R. 68B-53.003 Size Limits

(1) Size Limit – A person or processor may not harvest or possess within or without Florida Waters calico scallops that are not of legal size. A processor of calico scallops may not possess calico scallops that are not of legal size, regardless of whether the processor is based at sea within or without Florida Waters or on land in the State of Florida.

(2) Legal Size –

(a) The calico scallops possessed by a person or processor are of legal size if, a one pound sample of calico scallop meats, taken from a single container possessed by the person or processor, contains 250 or fewer individual calico scallop meats.

(b) If a person or processor is in possession of a container that has a capacity of less than one pound, the contents of more than one container may be combined in order to obtain a one pound sample for determining compliance with the size limits established in this section.

(3) Each one pound sample that contains more than 250 individual calico scallop meats constitutes a separate violation of the size limit established in subsections (1) and (2).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.003, Amended 9-1-13.

Fla. Admin. Code R. 68B-53.004 Recreational Harvest Prohibited; Commercial Limits

(1) Recreational Harvest Prohibited – Within or without Florida Waters, a person may not harvest or possess calico scallops for recreational purposes. A person may not land a calico scallop harvested within or without Florida Waters for recreational purposes.

(2) Commercial Bag Limit – A commercial harvester is not subject to a harvest or possession limit for calico scallops.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-53.006 Allowed and Prohibited Gear and Method of Harvest

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a calico scallop within or without Florida Waters only by or with the use of an otter trawl meeting the specifications of Rule 68B-53.0061, F.A.C.

(2) Prohibited Gear and Method of Harvest – A person may not harvest or attempt to harvest a calico scallops within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-53.0061 Gear Specifications; Prohibited Areas

(1) Otter Trawl Specifications –

(a) No such trawl shall be towed for more than 25 minutes, beginning when the trawl is placed in the water and ending when the trawl is completely removed from the water.

(b) In the areas where the use of such trawls is allowed by subsection (2), no more than two unconnected otter trawls, each with a headrope no longer than 40 feet, a perimeter around the leading edge of the net not greater than 120 feet, and a mesh area not greater than 500 square feet, shall be deployed from any vessel.

(c) No such trawl shall be deployed or fished that has a mesh size anywhere in the trawl body or bag less than 3 inches stretched mesh or that has a twine size smaller than #84.

(d) No such trawl shall be used for the directed harvest of any species other than calico scallops. Any bycatch of other species shall be immediately returned to the water where caught.

(e) Such trawls, to the extent that they meet each provision of this rule, shall be exempt from the Turtle Excluder Device (TED) requirement of subsection 68B-31.006(3), F.A.C., and the applicable regional Bycatch Reduction Device (BRD) requirements of Chapter 68B-31, F.A.C.

(2) Prohibited Areas –

(a) No otter trawl shall be used in the directed harvest of calico scallops within all state waters of Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco, Pinellas, and Hillsborough Counties, and all state waters of Wakulla County east of the following described line: Beginning at the St. Marks Lighthouse, proceed southerly on a straight line to flashing channel marker #1; thence, southerly in a straight line to a point on the state waters boundary where a straight line from flashing channel marker #1 to flashing bell buoy #24 intersects with said boundary.

(b) No otter trawl shall be used in the directed harvest of calico scallops within all state waters shoreward of a line one mile seaward of the Colregs Demarcation Line, except that in Wakulla, Franklin, and Gulf Counties, all state waters shoreward of a line three miles seaward of the Colregs Demarcation Line.

(c) No otter trawl shall be used in the directed harvest of calico scallops within all waters closed to the use of otter trawls for the harvest of shrimp, during the time periods indicated, as specified in subsection 68B-31.005(2), F.A.C., paragraph 68B-31.008(2)(b), F.A.C., Rule 68B-38.001, F.A.C. and subsection 68B-31.0063(5), F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 8-14-24.

Chapter 68B-54 BLUE LAND CRABS

Fla. Admin. Code R. 68B-54.001 Definitions

For the purposes of this chapter, except where the context requires otherwise:

(1) “Blue Land Crab” means any crab of the species Cardisoma guanhumi, or any part thereof.

(2) “Harvest” means the catching or taking of a blue land crab by any means whatsoever, followed by a reduction of such blue land crab to possession.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-27-03.

Fla. Admin. Code R. 68B-54.002 Statewide Open and Closed Seasons for Harvesting Blue Land Crabs

(1) Blue land crabs shall only be harvested during the open season, which is from November 1 of each year through June 30 of the following year.

(2) No person shall harvest, attempt to harvest, or possess any blue land crab during the period beginning on July 1 and continuing through October 31 of each year.

(3) The prohibition against possession in subsection (2), of this rule shall not apply to blue land crabs that are possessed for experimental, scientific, or exhibitional purposes pursuant to a permit issued by the Fish and Wildlife Conservation Commission as authorized by Section 379.244(2), F.S., or as stock for artificial cultivation pursuant to a Special Activity License issued by the commission as authorized by Section 379.2411, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-27-03.

Fla. Admin. Code R. 68B-54.003 Allowable Gear for Harvesting Land Crabs

(1) Blue land crabs shall only be harvested by hand or with the use of a landing or dip net.

(2) No person shall harvest any blue land crab by or with the use of any gear other than those types specified in subsection (1). Any blue land crab harvested by or with the use of any other type of gear shall be immediately released free, alive and unharmed.

(3) No person shall harvest or attempt to harvest blue land crabs using or with the aid of bleach or any other chemical solution.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-27-03.

Fla. Admin. Code R. 68B-54.004 Bag Limit

(1) No person shall harvest in any one day or possess at any time more than 20 blue land crabs.

(2) The possession limit in subsection (1) shall not apply to any licensed wholesale or retail seafood dealer or restaurant, or to any person who has purchased blue land crabs from a licensed wholesale or retail seafood dealer or restaurant. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such blue land crabs were purchased from a licensed wholesale or retail seafood dealer or restaurant. Failure to maintain such receipts, bills of sale, or other appropriate documentation shall constitute a violation of this rule.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-27-03.

Fla. Admin. Code R. 68B-54.005 Other Prohibitions, Exception

(1) The harvest, possession, purchase, or sale of eggbearing blue land crabs is prohibited. The practice of stripping or otherwise molesting eggbearing blue land crabs in order to remove the eggs is prohibited and the harvest, possession, purchase or sale of blue land crabs from which the eggs, egg pouch, or bunion has been removed is prohibited.

(2) No person shall harvest or attempt to harvest any blue land crab on, upon, or from the right-of-way of any federal, state, or county-maintained road, whether paved or otherwise, or from any state park. The harvest or attempted harvest of any blue land crab while such crab is on or upon the right-of-way of any federal, state, or county-maintained road, whether paved or otherwise, or in a state park, is prohibited.

(3) The prohibitions of this chapter shall not apply to blue land crabs that have been legally harvested in another state or country and have entered the State of Florida in interstate or international commerce. The burden shall be upon any person possessing such blue land crabs for sale or exchange, to establish the chain of possession from the initial transaction after harvest by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such blue land crabs originated from a point outside of the State of Florida and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce such documentation at the request of any duly authorized law enforcement officer shall constitute a violation of this chapter.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-27-03.

Chapter 68B-55 TRAP RETRIEVAL AND TRAP DEBRIS REMOVAL

Fla. Admin. Code R. 68B-55.001 Definitions

As used in this chapter:

(1) “Closed season” means that specified period of time during which harvest is prohibited.

(2) “Trap debris” means any piece of a trap, or any combination of such pieces not constituting a fishable trap.

(3) “Derelict trap” means any trap during any closed season for the species, or any fishable trap during the open season that lacks more than two of the following elements:

(a) Buoy.

(b) Line.

(d) Current license.

(4) “Fishable trap” means a trap that has 6 intact sides and at least two of the following elements:

(a) Buoy.

(b) Line.

(d) Identification.

(5) “Fishery Participant Organization” means a group of commercial fishermen all of whom possess a current saltwater products license and a blue crab, stone crab or spiny lobster endorsement. For the purpose of participation in the retrieval of derelict traps this means participants who receive and possess written permission from each other to bring their traps into land or move them back into line, who work under law enforcement supervision to retrieve traps, or who prepare a plan for Commission authorization pursuant to this rule.

(6) “Trap” means legal harvesting gear as authorized in Rule 68B-4.020, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-03, Amended 3-1-05, 10-15-07.

Fla. Admin. Code R. 68B-55.002 Retrieval of Trap Debris

(1) Local, state, or federal governmental entities, nonprofit nongovernmental organizations, fishery participant organizations, or other community or citizens groups are hereby authorized to remove trap debris from shoreline areas landward of mean low water, and from mangroves or other shoreline vegetation when they organize, promote, and participate in coastal cleanup events for the purpose of removing marine debris.

(2) Except as provided in subsection (3), other coastal cleanup events for the purpose of removing trap debris from all other areas of state waters shall only be undertaken with prior authorization from the Commission, to assure that such removal is adequately supervised.

(3) Local, state, or federal government personnel may remove trap debris located in areas that are permanently closed to trapping without prior authorization from the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-03, Amended 10-15-07.

Fla. Admin. Code R. 68B-55.003 Trap Retrieval Program Funded Pursuant to Sections 379.368 and 379.2424, F.S

(1) Traps shall be retrieved by Commission personnel or by a contractor under direct oversight of such personnel, by any approved persons through either a cooperative agreement with federal, state, or local governments, or with fishery participant organizations acting in conjunction with the Commission.

(2) For each trap retrieved pursuant to this section, the following information shall be documented:

(a) The intended species targeted by the trap.

(b) Owner identification/endorsement number.

(d) Commercial or recreational trap.

(e) Location of trap.

(f) Buoy colors.

(3) The Commission’s Division of Law Enforcement office, in the area most appropriate to the cleanup, shall be notified by the Commission program administrator, no less than 24 hours prior to commencement of trap retrieval under this program, and on each day thereafter until cleanup ceases.

(4) Trap owners affected by a disaster, pursuant to Section 379.368(3), F.S., will be allowed ten calendar days after notification to claim traps from a Commission authorized storage area. Unclaimed traps will be properly disabled and disposed of as trap debris.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-03.

Fla. Admin. Code R. 68B-55.004 Retrieval of Derelict Traps and Traps Located in Areas Permanently Closed to Trapping

(1) During the closed season for the harvest of any species for which traps are allowable gear, and after any authorized trap retrieval period together with any extensions, traps are considered to be derelict and may be retrieved as part of coastal cleanup events conducted by local, state, or federal government entities, nonprofit nongovernmental organizations, fishery participant organizations, or other community or citizens groups. Except as provided in subsection (3), such events shall only be undertaken with prior authorization from the Commission, to assure that such removal is adequately supervised but without the mandatory reporting required in Rule 68B-55.003, F.A.C.

(2) During the open season for harvest of any species for which traps are allowable gear, retrieval of derelict traps may occur at any time deemed appropriate by the Commission. Commission employees, local, state, or federal personnel, or members of a fishery participant organization may retrieve derelict traps. Except as provided in subsection (3), retrieval other than by Commission personnel shall only be pursuant to a Commission approved plan. The plan shall include the operational area and time period proposed, authorized personnel, the number of vessels, methods of disposition, and number and qualifications of supervisory personnel. An approved plan shall also include notification of the Commission’s Division of Law Enforcement no less than 24 hours prior to commencement of retrieval under this program with final float plan information including contact information, vessel registration numbers, trip times, and number of days.

(3) Local, state, or federal government personnel may retrieve traps located in areas that are permanently closed to trapping without prior authorization from the Commission.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-03, Amended 10-15-07.

Fla. Admin. Code R. 68B-55.005 Recovery of Traps in Area of Major Natural Disaster

(1) In the event of an executive order issued by the Governor of the State of Florida declaring an emergency resulting from a major natural disaster such as a hurricane, tropical storm, or similar weather occurance, upon a finding that the disaster has caused massive trap losses in any fishery regulated by the Commission, the Executive Director of the Fish and Wildlife Conservation Commission will issue an order declaring a trap emergency in the affected area or in a specified part thereof. Such order shall serve to activate the following provisions of this rule.

(2) The trap emergency will be in the area and during the period specified in the activation order.

(3) Each harvester in the affected trap fishery may designate persons authorized to recover and possess traps of the harvester. Such designation shall be on an Emergency Trap Recovery Designation Affidavit (FWC Form DMF-SL5500), which form is hereby incorporated by reference. The original of the affidavit shall be retained by the harvester. A copy of the affidavit will be filed with the nearest office of the Commission’s Division of Law Enforcement and also provided to each person authorized to recover and possess traps of the harvester. The affidavit shall be valid from the date the notarized form is received by the Commission’s Division of Law Enforcement until the end of that license year.

(4) Persons authorized to recover and possess traps of a harvester will be allowed to do so only in the area and during the period specified in the activation order. Each such person shall possess and maintain available for inspection a copy of the affidavit while the person is engaged in recovering or possessing the harvester’s traps.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-15-07.

Chapter 68B-56 BALLYHOO

Fla. Admin. Code R. 68B-56.001 Definitions

For the purpose of this chapter, except where the context requires otherwise:

(1) “Ballyhoo”, also commonly known as halfbeaks, means any fish of the genera Hemiramphus or Hyporhamphus, or any part thereof.

(2) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale or with intent to sell.

(3) “Immediate family” refers to an endorsement holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, or half-brother.

(4) “Lampara net” means a modified purse seine that has a section constituting a bag, with rings through which a draw rope is used to close the bag.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-1-03.

Fla. Admin. Code R. 68B-56.002 Commercial Licensing Requirements; Appeals

(1) Beginning September 1, 2003, no person shall engage in the directed harvest of ballyhoo for commercial purposes with a lampara net unless such person possesses a valid saltwater products license with both a purse seine endorsement and a lampara net endorsement.

(2) Application for issuance of a lampara net endorsement shall be made on a form provided by the Commission (Form DMF-SL4000 (5-03), incorporated herein by reference). Persons shall be issued a lampara net endorsement on their saltwater products license based on the following criteria:

(a) The applicant must possess a saltwater products license (SPL) with a purse seine endorsement during the 2002-2003 license year.

(b) The applicant must have documented landings of at least 10,000 pounds of ballyhoo or 55,000 individual ballyhoo, pursuant to Commission trip ticket records generated under the provisions of Rule Chapter 68E-5, F.A.C., during any one license year between July 1, 2000, and June 30, 2002, or during the period between July 1, 2002, and November 21, 2002. Only trip tickets received by the Commission by January 31, 2003, shall be considered for qualification for a lampara net endorsement pursuant to this paragraph.

(c) An applicant who possesses both an individual SPL and a vessel SPL shall be considered to have only one SPL for the purpose of issuing a lampara net endorsement. Landings reported on both the applicant’s individual SPL and vessel SPL shall be combined for determining if the applicant meets the criteria for receiving a lampara net endorsement specified in paragraph (b).

(d) In lieu of the requirements specified in paragraph (b), a person who has purchased another ballyhoo fisher’s vessel between July 1, 2001, and May 1, 2003, shall receive a lampara net endorsement, provided that the seller’s entire ballyhoo landing history was specifically part of the sale-purchase agreement and the seller’s landings are sufficient to meet the criteria in paragraph (b). Additional proof of purchased ballyhoo landings history is a copy of a contract or bill of sale specifically identifying the seller’s ballyhoo landings history as one of the items included in the sale of the vessel, or a letter from the seller to the Commission describing what specifically was included in the sale of the vessel.

(3) Effective July 1, 2010, no new lampara net endorsements will be issued, and no lampara net endorsements will be renewed or replaced except those that were issued pursuant to subsection (2).

(a) Beginning in the 2004-2005 license year and in subsequent license years, persons, corporations, or other entities holding a lampara net endorsement or an immediate family member of that person must request renewal of the lampara net endorsement before September 30 of each year. Failure to renew the lampara net endorsement by September 30 of each year will result in forfeiture of the endorsement.

(b) No person, firm, or corporation shall hold more than two lampara net endorsements at any one time.

(c) A lampara net endorsement cannot be applied to more than one of an applicant’s saltwater products licenses at any one time.

(d) No saltwater products license will be issued with more than one lampara net endorsement.

(e) In the event of death or permanent disability of a person holding an active lampara net endorsement, the endorsement may be transferred by the person or the executor of the person’s estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties to the Commission in full.

(f) Until such time that a fee is required for a lampara net endorsement, lampara net endorsement holders shall continue to renew their purse seine endorsement, as specified in Section 379.361(1), F.S.

(4) Requalification. Lampara net endorsements shall not be renewed if the endorsement holder does not land and document at least 10,000 pounds of ballyhoo or 55,000 individual ballyhoo per lampara net endorsement in any one of the three most recent license years prior to application for renewal of the endorsement. Once requalified, the endorsement will be valid for three license years, but must still be renewed annually as required by subsection (3).

(5) Appeals. The Director of the Division of Marine Fisheries, or one or more designees of the director, shall consider disputes and other problems arising from the initial denial of lampara net endorsements. The Director shall submit a recommendation to the Executive Director of the Commission for resolution of the appeal, which will recommend either allocation of an endorsement to the appellant or upholding the denial of an endorsement.

(a) An appeal of the initial denial of a lampara net endorsement is initiated by submission of a completed appeals form (Form DMF-SL4050 (5-03), incorporated herein by reference) to the Director of the Division of Marine Fisheries before October 1, 2003.

(b) The burden of proof shall be on an appellant to demonstrate, through copies of trip tickets or other proof of landings, legitimate sales to a licensed wholesale dealer that were not reported by the dealer during the qualifying years or included in the agency landings database as of January 31, 2003.

(c) The Executive Director of the Commission may accept or disapprove the recommendation of the Director of the Division of Marine Fisheries, with notice given in writing to each party in the dispute explaining the reasons for the final decision. The action of the Executive Director of the Commission constitutes final agency action, and is appealable pursuant to the requirements of Chapter 120, F.S.

(6) Leasing Prohibited. The leasing or renting of lampara net endorsements is prohibited.

(7) Transferability. Lampara net endorsements are transferable upon approval of the Commission under the following conditions:

(a) A lampara net endorsement may be sold to an otherwise qualified buyer at fair market value.

(b) The buyer must hold a valid saltwater products license with a valid purse seine endorsement.

(c) A person who wishes to transfer an endorsement shall submit a notarized statement of intent within 72 hours of the final notarized signature, that has been signed by both parties to the transaction, hand delivered, or sent by United States Postal Service certified mail, return receipt requested, to the Commission between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. The statement of intent shall include the following information:

The name, address, and SPL number of seller;
The name, address, and SPL number of buyer; and,
The selling price.

(d) A lampara net endorsement shall not be transferred or issued until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full.

(e) Upon receipt of a lampara net endorsement, the transferee has three license years, including the current license year, to produce qualifying ballyhoo landings pursuant to subsection (4), in order to requalify the endorsement. Once requalified, the endorsement will be valid for three license years, but must still be renewed annually as required by subsection (3).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-1-03, Amended 7-1-10, 5-1-11.

Fla. Admin. Code R. 68B-56.003 Allowable Commercial Harvesting Gear

(1) Except as provided for in subsection (2), the harvest or attempted harvest of ballyhoo for commercial purposes with any gear or method other than the following is prohibited:

(a) Lampara net.

(b) Cast net meeting the requirements of subsection 68B-4.0081(3), F.A.C.

(d) Landing or dip net.

(2) Incidental Take – A person without a lampara net endorsement may harvest ballyhoo as an incidental bycatch in purse seines, or in lampara nets while fishing for other species, provided that the person possesses a valid saltwater products license with a purse seine endorsement, and provided that no more than the amount of ballyhoo allowed by paragraph 68B-56.004(2)(c), F.A.C., is possessed aboard the vessel at any time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-1-03.

Fla. Admin. Code R. 68B-56.004 Commercial Season; Season Closure; Daily Harvest and Possession Limits

(1) Commercial Season – The season for harvest of ballyhoo for commercial purposes with a lampara net, within or without the waters of the State of Florida, shall begin on September 1 of each year and continue through July 31 of the following year. During the period beginning August 1 and continuing through August 31 of each year, no person shall harvest ballyhoo in or from state waters or adjacent federal Economic Exclusive Zone (EEZ) waters with a lampara net.

(2) Commercial Vessel Limits.

(a) A person possessing a valid saltwater products license with a lampara net endorsement shall harvest and land no more than 10 boxes of ballyhoo per vessel per day, and no more than one trip may be conducted during a single day. The possession of more than 10 boxes of ballyhoo aboard any such vessel is prohibited. All boxes used to store ballyhoo aboard a vessel shall have a lid, a base, and four sides that are rectangular or square in dimension, and each box shall be no larger in dimension than 4.25 feet, by 2 feet, by 2 feet, or the volume equivalent (17 feet3).

(b) Except as provided for in paragraph (c), a person possessing a valid saltwater products license without a lampara net endorsement shall not harvest or sell more than 5 gallons of ballyhoo per day or possess more than 5 gallons of ballyhoo aboard any vessel.

(c) Incidental Take – A person possessing a valid saltwater products license with a purse seine endorsement may harvest, as an incidental bycatch in a purse seine or lampara net, while fishing for other species, and sell, no more than 10 gallons of ballyhoo per day and no more than 10 gallons of ballyhoo shall be possessed aboard such person’s vessel at any time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-1-03.

Chapter 68B-57 WAHOO

Fla. Admin. Code R. 68B-57.001 Designation as a Restricted Species

Wahoo is hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-57.002 Definitions

As used in Chapter 68B-41, F.A.C.:

(1) “Atlantic Ocean” means all state waters along the east coast of Florida lying between the Florida-Georgia border and 83° West Longitude (near the Dry Tortugas Islands).

(2) “Wahoo” means a fish of the species Acanthocybium solandri, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-57.003 Landed in Whole Condition Requirement and Exception

(1) Landed in Whole Condition Requirement – Except as provided elsewhere in this rule, a person harvesting wahoo shall land each wahoo in whole condition. A person may not possess in or on Florida Waters a wahoo that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a wahoo, or removal of gills from a wahoo.

(2) Landed in Whole Condition Exception – Recreational anglers that lawfully harvest wahoo in waters of the Commonwealth of the Bahamas are exempt from the requirement to land wahoo in whole condition under the following conditions:

(a) Skin must remain intact on the entire fillet of any wahoo carcass.

(b) A person or vessel that lawfully harvests wahoo in Bahamian waters and transits through Florida waters must comply with the bag and posession limits specified in 50 C.F.R. §622.277 (as of January 27, 2016). Two fillets of wahoo, regardless of the length of each fillet, is equivalent to one fish.

(d) Each person on the vessel has a valid government passport with current stamps and dates from the Commonwealth of the Bahamas.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 9-13-16.

Fla. Admin. Code R. 68B-57.004 Bag and Vessel Limits

(1) Recreational Limits –

Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 2 wahoo.

(2) Commercial Limits –

(a) Bag Limit – A commercial harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 500 pounds of wahoo.

(b) Vessel Limit – The commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess more than 500 pounds of wahoo, regardless of the number of licensed persons onboard. This provision will not be construed to authorize harvest or possession of wahoo in excess of the applicable bag limits.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-57.007 Prohibited Sale

Wahoo harvested from Bahamian waters and transited to Florida pursuant to the requirements specified in subsection 68B-57.003(2), F.A.C., may not be sold or purchased.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-13-16.

Fla. Admin. Code R. 68B-57.009 License Requirements for Commercial Harvest

A person may not harvest a wahoo for commercial purposes from the Atlantic Ocean, unless they possess a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii) (as of January 3, 2005) in addition to a valid Saltwater Products License with a Restricted Species Endorsement issued pursuant to Section 379.361(2)(b), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-58 SWORDFISH

Fla. Admin. Code R. 68B-58.001 Designation as Restricted Species

Swordfish are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 2-13-14.

Fla. Admin. Code R. 68B-58.002 Definitions

As used in Chapter 68B-58, F.A.C.:

(1) “Swordfish” means any fish of the species Xiphias gladius, or any part thereof.

(2) “Cleithrum to keel length” means the length of a fish measured along the body contour, i.e., a curved measurement, from the point of the cleithrum that provides the shortest possible measurement along the body contour to the anterior portion of the caudal keel. The cleithrum is the semicircular bony structure at the posterior edge of the gill opening.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-58.003 Size Limits

(1) Size Limit – A person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a swordfish that is less than 47 inches in lower jaw fork length, or 25 inches in cleithrum to keel length.

(2) A swordfish that is damaged by shark bites may be retained only if the remainder of the carcass is at least 47 inches lower jaw fork length with its head naturally attached or 25 inches cleithrum to keel length if its head has been removed.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-13-14.

Fla. Admin. Code R. 68B-58.004 Bag and Vessel Limits; Exceptions for Commercial Harvest

(1) Recreational Limits –

(a) Except as provided in subsections (2) and (3), a recreational harvester may not harvest or land from Florida Waters more than one swordfish per day or possess in or on Florida Waters more than one swordfish (consistent with the Federal Standard established in 50 C.F.R. §635.22(f) as of September 20, 2013).

(b) Private Vessel Limit – The persons aboard a private vessel in or on Florida Waters may not collectively possess more than four swordfish, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of swordfish in excess of the applicable bag limits.

(c) Vessel for Hire Limit – Possession of more than the daily bag limit of swordfish multiplied by the number of customers fishing, or 15 swordfish, whichever is less, aboard any vessel for hire is prohibited. This provision will not be construed to authorize harvest or possession of swordfish in excess of the applicable bag limits.

(2) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a swordfish.

(3) Commercial Limits –

(a) The bag and vessel limits established in subsection (1), do not apply to a person who is harvesting pursuant to a saltwater products license, restricted species endorsement, and either a federal Limited Access Permit (LAP) for swordfish, valid federal Swordfish General Commercial permit, or valid federal HMS Charter/Headboat permit (when not carrying passengers as a vessel for hire) issued pursuant to 50 C.F.R. 635.4(f) (as of September 20, 2013).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-13-14.

Fla. Admin. Code R. 68B-58.005 Commercial Seasons

(1) If at any time adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of swordfish, corresponding state waters shall also be closed to commercial harvest of swordfish, beginning from the date of such closure until federal waters are reopened to the commercial harvest.

(2) During the period of any state waters closure pursuant to subsection (1), the harvest, possession, or landing for commercial purposes, and the purchase, sale or exchange, of swordfish, is prohibited. These prohibitions shall not apply to trade of swordfish that were harvested, offloaded, and purchased, sold, or exchanged prior to the closure.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-13-14.

Fla. Admin. Code R. 68B-58.006 Allowed and Prohibited Gear and Method of Harvest

(1) The harvest or attempted harvest of any swordfish in or from state waters is prohibited except by use of hook and line gear.

(2) The landing requirements contained in this section shall not apply to lawful commercial harvest in federal waters when such harvest is transported directly through state waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-13-14.

Fla. Admin. Code R. 68B-58.007 Requirements for Sale

(1) A person who harvests a swordfish within or without Florida Waters may not sell a swordfish unless the harvester possesses a valid saltwater products license, a valid restricted species endorsement, and either a valid federal Limited Access Permit (LAP) for swordfish, valid federal Swordfish General Commercial permit, or federal HMS Charter/Headboat permit (swordfish may not be harvested on a vessel-for-hire trip) issued pursuant to 50 C.F.R. 635.4(f) (as of September 20, 2013), and presents the saltwater products license, restricted species endorsement, and one of these federal permits to the buyer of the swordfish.

(2) No wholesale dealer, as defined in Section 379.362(1), F.S., shall purchase swordfish, or any part thereof, unless such dealer is in possession of a valid federal Atlantic swordfish dealer permit. No wholesale dealer shall purchase swordfish, or any part thereof without confirming that the seller possesses a valid Florida saltwater products license, valid restricted species endorsement, and the federal licenses and permits specified in subsection (1). This subsection applies only when a swordfish, or any part thereof is sold, exchanged, bartered, distributed, or landed for the first time.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-13-14.

Fla. Admin. Code R. 68B-58.011 Reporting Requirement for Non-tournament Landings

A person who harvests a swordfish from Florida Waters pursuant to subsection 68B-58.004(1), F.A.C. shall report the landing of the swordfish as required by 50 C.F.R. §635.5(c)(2) (as of September 20, 2013) unless the person harvested the swordfish as a participant in a fishing competition in which participants must register or an award is offered for catching or landing a swordfish.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-13-14.

Chapter 68B-59 Sheepshead

Fla. Admin. Code R. 68B-59.001 Designation as Restricted Species; Applicability of Rules to State and Federal Waters

(1) Sheepshead are hereby designated as restricted species pursuant to section 379.101(32), F.S.

(2) The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Fla. Admin. Code R. 68B-59.002 Definitions

“Sheepshead” means a fish of the species Archosargus probatocephalus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Fla. Admin. Code R. 68B-59.003 Size Limit; Landed in Whole Condition Requirement

(1) Size Limit – A person may not harvest or possess within or without Florida Waters or land, a sheepshead that is less than 12 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting sheepshead shall land each sheepshead in whole condition. A person may not possess within or without Florida Waters a sheepshead that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a sheepshead or removal of gills from a sheepshead.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Fla. Admin. Code R. 68B-59.004 Bag and Vessel Limits; Bycatch Allowance

(1) Recreational Limits –

(a) Recreational Bag Limit – A recreational harvester may not harvest or possess within or without Florida Waters or land more than 8 sheepshead per day.

(b) Seasonal Recreational Vessel Limit – During the months of March and April, no more than 50 sheepshead may be collectively possessed by recreational harvesters aboard a vessel within or without Florida Waters, regardless of the number of persons onboard. This provision will not be construed to authorize harvest or possession of sheepshead in excess of the applicable bag limits.

(2) Commercial Limits –

(a) Except as provided in paragraph (2)(b), a commercial harvester is not subject to a harvest or possession limit for sheepshead.

(b) Sheepshead Bycatch Allowance – A commercial harvester may not harvest or possess within or without Florida Waters or land more than 50 pounds of sheepshead per day, pursuant to subsection 68B-59.006(3), F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Fla. Admin. Code R. 68B-59.006 Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a sheepshead within or without Florida Waters only by or with the use of beach or haul seine, cast net, hook and line gear, or by spearing.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a sheepshead within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest sheepshead within or without Florida Waters.

(c) A person may not harvest or attempt to harvest a sheepshead within or without Florida Waters by snagging the sheepshead or land a sheepshead so harvested.

(3) Bycatch Exception – Notwithstanding subsection (1), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a sheepshead captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1), if the gear is being used to lawfully harvest another target species, only to the limit specified in paragraph 68B-59.004(2)(b), F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a sheepshead by or with the use of any gear or method that is not expressly permitted in subsection (1).

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 7-1-18.

Fla. Admin. Code R. 68B-59.011 Aquaculture Exemption

(1) The provisions of Chapter 68B-59, F.A.C., do not apply to sheepshead artificially spawned and raised in a commercial aquaculture facility.

(2) A person who is in possession of or offering for sale a sheepshead that was artificially spawned and raised in a commercial aquaculture facility shall maintain and be able to produce the appropriate receipts, bills of sale, and bills of lading to establish the chain of possession of the sheepshead beginning with the initial transaction after harvest at the commercial aquaculture facility.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

Chapter 68B-60 Barracuda

Fla. Admin. Code R. 68B-60.002 Definitions

“Great barracuda” means a fish of the species Sphyraena barracuda, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-15.

Fla. Admin. Code R. 68B-60.003 Regional Size Limits

Minimum and Maximum Size Limits – The following size limits apply to recreational and commercial harvesters in all state and adjacent federal waters of the Gulf of America south of a line extended due west from the Collier-Lee County Line (26°19.823'N. Latitude) and all state and adjacent federal waters of the Atlantic Ocean south of a line extended due east from the Martin-St. Lucie County Line (27°15.781'N. Latitude) including the waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties.

(1) Except as provided in subsection (2), a person may not harvest or land a great barracuda from the above described region or possess in or on the waters of the described region a great barracuda that is less than 15 inches in fork length or greater than 36 inches in fork length.

(2) A person may harvest and land within the above described region and possess in or on the waters of the described region only 1 great barracuda per day, per person or per vessel, whichever is less, that is greater than 36 inches in fork length. This provision will not be construed to authorize harvest or possession of great barracuda of any size in excess of the applicable bag limits described in Rule 68B-60.004, F.A.C.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-17.

Fla. Admin. Code R. 68B-60.004 Regional Bag and Vessel Limits

The following bag and vessel limits apply in all state and adjacent federal waters of the Gulf of America south of a line extended due west from the Collier-Lee County Line (26°19.823'N. Latitude) and all state and adjacent federal waters of the Atlantic Ocean south of a line extended due east from the Martin-St. Lucie County Line (27°15.781'N. Latitude) including the waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties.

(1) Recreational Limits –

(a) Recreational Bag Limit – A recreational harvester may not harvest, possess, or land more than two great barracuda per day within the above described region.

(b) Recreational Vessel Limit – The recreational harvesters aboard a vessel may not collectively harvest, possess, or land more than six great barracuda per day within the above described region, regardless of the number of persons onboard.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest, possess, or land more than two great barracuda per day within the above described region.

(b) Commercial Vessel Limit - The commercial harvesters aboard a vessel may not collectively harvest, possess or land more than six great barracuda per day within the above described region, regardless of the number of persons onboard.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-15.

Chapter 68B-61 Blue Runner

Fla. Admin. Code R. 68B-61.002 Definitions

“Blue runner” means a fish of the species Caranx crysos, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-14.

Fla. Admin. Code R. 68B-61.004 Bag Limits

(1) Recreational Bag Limits – A recreational harvester may not harvest within or without Florida Waters or land more than 100 blue runner per day or possess within or without Florida Waters more than 100 blue runner.

(2) Commercial Limits – A commercial harvester is not subject to a harvest or possession limit for blue runner.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-14.

Fla. Admin. Code R. 68B-61.009 License Requirements

No person shall harvest within or without Florida Waters or land more than 100 blue runner per day, possess within or without Florida Waters more than 100 blue runner, or harvest blue runner for commercial purposes unless such person possesses a valid saltwater products license.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-14.

Chapter 68B-62 Blackfin Tuna

Fla. Admin. Code R. 68B-62.001 Applicability of Rules to State and Federal Waters

The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-20.

Fla. Admin. Code R. 68B-62.002 Definitions

“Blackfin tuna” means a fish of the species Thunnus atlanticus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-20.

Fla. Admin. Code R. 68B-62.004 Recreational Vessel and Bag Limits

(1) Recreational Bag Limit – Except when harvesting pursuant to the 10-fish vessel limit provided in subsection (2) below, a recreational harvester harvesting blackfin tuna may not harvest or possess within or without Florida Waters or land more than 2 blackfin tuna per day.

(2) Recreational Vessel Limit – A recreational harvester or harvesters aboard a vessel harvesting blackfin tuna may not collectively harvest or possess within or without Florida Waters or land more than 10 blackfin tuna per day or 2 per harvester per day, whichever is greater.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-20.

Chapter 68B-63 SPOT

Fla. Admin. Code R. 68B-63.002 Definitions

(1) “East Coast Region” means all Florida Waters along the east coast north of the Miami-Dade/Monroe County line at Card Sound.

(2) “Spot” means a fish of the species Leiostomus xanthurus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-1-21.

Fla. Admin. Code R. 68B-63.004 Bag and Vessel Limits

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from the East Coast Region more than 50 spot per day, or possess in or on waters of the East Coast Region more than 50 spot.

(2) Commercial Vessel Limit – Commercial harvesters aboard a vessel in or on the East Coast Region may not collectively harvest or possess more than 2,200 pounds of spot per day, or land within the East Coast Region more than 2,200 pounds of spot per day.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-1-21.

Chapter 68B-64 ATLANTIC CROAKER

Fla. Admin. Code R. 68B-64.002 Definitions

(1) “East Coast Region” means all Florida Waters along the east coast north of the Miami-Dade/Monroe County line at Card Sound.

(2) “Atlantic croaker” means a fish of the species Micropogonias undulatus, or any part thereof.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-1-21.

Fla. Admin. Code R. 68B-64.004 Bag and Vessel Limits

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from the East Coast Region more than 50 Atlantic croaker per day, or possess in or on waters of the East Coast Region more than 50 Atlantic croaker.

(2) Commercial Vessel Limit – Commercial harvesters aboard a vessel in or on the East Coast Region may not collectively harvest or possess more than 1,200 pounds of Atlantic croaker per day, or land within the East Coast Region more than 1,200 pounds of Atlantic croaker per day.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-1-21.

Chapter 68B-65 Trip Ticket Program

Fla. Admin. Code R. 68B-65.001 Purpose

The purpose of this chapter is to establish a marine information system, hereinafter referred to as the Marine Fisheries Trip Ticket Program, as required by Section 379.2402, F.S., that provides commercial fisheries data necessary for management of sustainable fisheries in Florida.

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 7-1-25.

Fla. Admin. Code R. 68B-65.002 Definitions

As used in Chapter 68B-65, F.A.C.:

(1) “Commercially harvested” means a marine organism harvested:

(a) For sale or with intent to sell; or

(b) With respect to a species for which no recreational bag limit or recreational vessel limit has been established, of a quantity greater than 100 pounds per person per day or two or fewer organisms of the same species whose aggregate weight exceeds 100 pounds; or

(c) With respect to a species for which a recreational bag limit or recreational vessel limit has been established, in a quantity greater than such bag limit or vessel limit allowed by law or rule; or

(d) Using methods or gear that are authorized only for use by commercial harvesters licensed pursuant to subsection 68B-2.003(2), F.A.C., or

(e) By a person, firm, corporation, or other entity required to be licensed pursuant to subsection 68B-2.003(2), F.A.C., for the harvest of such species.

(2) “Donate” or “donation” means the gift or gifting of a marine organism by a commercial harvester to another person or entity.

(3) “Marine Fisheries Trip Ticket” or “trip ticket” means a report that is submitted to the Commission regarding the harvest and/or sale of a marine organism in Florida for an individual fishing trip.

(4) “Marine organism” means an organism, including plants and diadromous species, that has a natural portion of its life cycle that is dependent upon marine or estuarine waters, including any saltwater products as defined in Section 379.101, F.S., but excluding striped bass (Morone saxatilis), American eel (Anguilla rostrata), non-living shells, marine reptiles, marine mammals, and birds.

(5) “Wholesale dealer” means a person, firm, corporation, or other entity licensed pursuant to s. 379.362(1)(a), F.S., and any person, firm, corporation, or other entity purchasing marine organisms from any commercial harvester.

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 7-1-25.

Fla. Admin. Code R. 68B-65.003 Reporting Requirements

(1) Persons Responsible for Reporting – The following persons are required to report information on commercially harvested marine organisms to the Commission:

(a) A wholesale dealer who purchases a marine organism in Florida from a commercial harvester.

(b) A wholesale dealer who is also a commercial harvester and who harvests a marine organism and places such marine organism into their own wholesale dealer inventory in Florida.

(c) A wholesale dealer who does not purchase or receive a commercially harvested marine organism in Florida from a commercial harvester during a reporting period must report such information to the Commission for each applicable reporting period.

(d) A person who commercially harvested a marine organism and does not sell such marine organism to a wholesale dealer. This includes instances when a person donates a commercially harvested marine organism, retains a commercially harvested marine organism for personal use, or when a person is unable to sell a commercially harvested marine organism to a wholesale dealer.

(e) A person who commercially harvested a marine organism and sells the marine organism in a state other than Florida, Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia, Maryland, Delaware, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, or Maine.

(2) Information to be Reported –

(a) Except as provided in paragraph (b), a person responsible for reporting information on commercially harvested marine organisms to the Commission pursuant to subsection (1) must submit a trip ticket with the following information for each trip:

Name and Saltwater Products License number of the commercial harvester who harvested the marine organism.
Wholesale Dealer License number of the wholesale dealer who purchased the marine organism from the commercial harvester.
Date of sale.
Information on where, when, and how the marine organism was harvested, including the gear used for harvest.
Landing location.
Quantity of each species of marine organism harvested.
Price paid per pound or per unit of measure for each species of marine organism purchased.
Species-level information.

(b) Exceptions.

A person required to report pursuant to paragraph (1)(d) must report the information in subparagraphs (2)(a)1., (2)(a)4., (2)(a)5., (2)(a)6., and (2)(a)8.
A wholesale dealer who does not purchase or receive a marine organism in Florida from a commercial harvester during a reporting period must report such information to the Commission in lieu of the information required by paragraph (2)(a).

(c) A person reporting information on commercially harvested marine organisms pursuant to this subsection may combine the information required by paragraph (2)(a) or by subparagraph (2)(b)1. for a single trip into one trip ticket report.

(d) A person reporting information on commercially harvested marine organisms pursuant to this subsection may not combine the information required by paragraph (2)(a) or by subparagraph (2)(b)1. for more than one trip into one trip ticket report.

(e) A commercial harvester who sells or donates a marine organism to a wholesale dealer in Florida must provide to the wholesale dealer, at the time of sale, accurate information pertaining to subparagraphs (2)(a)1., (2)(a)4., (2)(a)5., (2)(a)6., and (2)(a)8.

(3) Reporting Period – Reporting periods are weekly, beginning on Sunday and ending on the following Saturday.

(a) A wholesale dealer required to submit a report pursuant to paragraph (1)(a) must report a trip ticket for each purchase of marine organisms made during the reporting period.

(b) A person required to submit a report pursuant to paragraphs (1)(b), (1)(d), or (1)(e) must report a trip ticket for each fishing trip that landed commercially harvested marine organisms during the reporting period.

(4) Reporting Deadlines

(a) A person required to report to the Commission pursuant to this rule must submit all trip ticket reports no later than 11:59 p.m., local time, on the first Tuesday following the end of each reporting period.

(b) A person required to report to the Commission pursuant to subsection (1) may not possess a commercially harvested marine organism after the reporting deadline specified in paragraph (4)(a) has passed if the harvest of the marine organism has not been reported to the Commission pursuant to the reporting requirements established in this rule.

(5) Submission of Reports –

(a) A wholesale dealer required to report information on commercially harvested marine organisms pursuant to subsection (1) must submit reports to the Commission’s Marine Fisheries Trip Ticket Program via the VESL software application published by Bluefin Data LLC, available online at: https://www.bluefindata.com.

(b) A person required to report information on commercially harvested marine organisms pursuant to paragraphs (1)(d) or (1)(e) must submit required reports to the Commission using one of the following methods:

If the commercial harvester is also a wholesale dealer, they must submit trip ticket reports to the Commission’s Marine Fisheries Trip Ticket Program via the VESL software application published by Bluefin Data LLC, available online at: https://www.bluefindata.com.
If the commercial harvester is not a wholesale dealer, they must submit trip ticket reports to the Commission’s Marine Fisheries Trip Ticket Program by completing and returning to the Commission a “Commercial Harvester-reported Landings Form” (Form DMF-CHRL2024, September 2024), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?NO=Ref-17645.

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 7-1-25.

Fla. Admin. Code R. 68B-65.004 Recordkeeping Requirements and Data Management

(1) A wholesale dealer required to report information on commercially harvested marine organisms pursuant to subsection 68B-65.003(1), F.A.C., must provide the commercial harvester who sold or otherwise transferred a marine organism to the wholesale dealer with a copy of the relevant trip ticket record for each transaction.

(2) An electronic record, electronic copy, or a paper copy of each trip ticket record submitted to the Commission must be maintained by the commercial harvester and wholesale dealer for a period not less than three (3) years from the date of sale or purchase.

(3) A person required to report information on commercially harvested marine organisms pursuant to paragraphs 68B-65.003(1)(d) or (1)(e), F.A.C., must maintain an electronic record, electronic copy, or a paper copy of each trip ticket record submitted to the Commission for a period not less than three (3) years from the date such marine organisms were landed.

(4) A wholesale dealer required to report pursuant to paragraph 68B-65.003(1)(c), F.A.C., must maintain an electronic record, electronic copy, or a paper copy of each such report for a period not less than three (3) years from the date of submission.

(5) All marine fisheries trip ticket data are confidential and exempt from public disclosure pursuant to s. 379.362(6), F.S.

(a) Wholesale dealers may obtain their reported marine fisheries trip ticket data tied to their license by completing and returning to the Commission a Request for Release of Personal Wholesale Dealer Landings Data form (Form DMF-DLD2024, September 2024), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?NO=Ref-17643.

(b) Commercial harvesters may obtain their reported marine fisheries trip ticket data tied to their license by completing and returning to the Commission a Request for Release of Personal Commercial Landings Data form (Form DMF-CLD2024, September 2024), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?NO=Ref-17641.

(6) A wholesale dealer is required to make all records related to the harvest, purchase, or receipt of commercially harvested marine organisms available for inspection at all times by the Commission pursuant to s. 379.362(6), F.S., and such records are subject to being audited by the Commission.

(7) A person required to report information on commercially harvested marine organisms pursuant to paragraphs 68B-65.003(1)(d) or (1)(e), F.A.C., is required to make all such records available for inspection at all times by the Commission and such records are subject to being audited by the Commission.

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 7-1-25.

Fla. Admin. Code R. 68B-65.005 License Denial, Suspension, or Revocation

The submission of required trip tickets is an eligibility requirement for saltwater products licenses and wholesale dealer licenses. The Commission may revoke, suspend, or deny the renewal of the license of anyone required to report trip tickets for failure to make required reports, for failure or refusal to permit the examination of required records, or for falsifying any such record.

History

Rulemaking Authority Article IV, Section 9 Fla. Const., 379.407, 379.414 FS. Law Implemented 379.407, 379.414 FS. History–New 7-1-25.

Division 68E Marine Resources

Chapter 68E-1 MARINE TURTLE PERMITS

Fla. Admin. Code R. 68E-1.001 Introduction and Scope

History

Rulemaking Authority 370.02, 370.021, 370.10(2) FS. Law Implemented 370.021, 370.10(2) FS. History–New 2-11-81, Formerly 16B-40.01, 16B-40.001, 16R-1.001, 62R-1.001, Repealed 7-1-04.

Fla. Admin. Code R. 68E-1.002 Introduction, Scope and Definitions

(1) Florida Statutes restrict the take, possession, disturbance, mutilation, destruction, selling, transference, molestation, and harassment of marine turtles, nests, or eggs. Protection is also afforded to marine turtle habitat. A specific authorization from Commission staff is required to conduct scientific, conservation, or educational activities that directly involve marine turtles in or collected from Florida, their nests, hatchlings or parts thereof, regardless of the applicant’s possession of any federal permit. The authorization may be in the form of a conservation permit, a loan agreement, or a consent permit, as described in Rule 68E-1.0041, F.A.C.

(2) Whenever the Commission determines that a request to conduct research, conservation, or educational activities with marine turtles, their nests, or hatchlings is in the public interest and will advance marine turtle recovery or protect marine turtles, their nests, or habitat, it shall issue authorizations, upon such terms, conditions, or restrictions as are necessary to ensure that the intentions of Sections 379.2431(1)(c) and (d), F.S., are not violated.

(3) Under agreement with the federal government, the issuance of a permit or other authorization by the Commission may satisfy U.S. Fish and Wildlife Service permit requirements for research, conservation, or educational activities involving Florida marine turtles. An additional permit from the National Oceanographic and Atmospheric Administration might be required for in-water work.

(4) Permits may not be issued for head starting, the practice of collecting marine turtle eggs or hatchlings solely for the purpose of raising them until they attain a larger size and then releasing them.

(5) For the purposes of this rule, the following definitions apply:

(a) “Applicant” means the individual, firm or corporation who applies for a Marine Turtle Permit from the Commission.

(b) “Authorized personnel” means all individuals listed under a permit holder, named on their permit, and who are authorized to conduct marine turtle conservation activities at the direction of the permit holder or the lead qualified individual.

(c) “Conservation purpose” means an act carried out solely for the purpose of maintaining life or habitat of any marine turtle, their nests, hatchlings, or promoting the recovery of marine turtle populations.

(d) “Educational facility” means public or non-public colleges or universities, or nature centers, museums, zoos, aquaria, or similar institutions. Educational facilities must be regularly opened to the public for the primary purpose of providing an educational experience.

(e) “Educational purpose” means to hold marine turtles to exhibit, inform and instruct the public in their biology, habitat, or conservation needs.

(f) “Handbook” means the FWC Marine Turtle Conservation Handbook.

(g) “Hatchery” means an area of beach where authorized individuals have placed marine turtle nests in aggregated clusters in one location, with or without restraining or protective walls.

(h) “Hatchling” means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

(i) “Marine turtle” means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle), and Lepidochelys kempii (Kemp’s ridley turtle) or hybrids of these species. For purposes of this rule, marine turtle is synonymous with sea turtle.

(j) “Monitoring” means either gathering information using a predetermined sampling plan to collect baseline information on marine turtle distributions, nesting, and productivity or assessing impacts from a state-authorized activity as required by a state or federal regulatory permit.

(k) “Nest” means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

(l) “Nest relocation” means the practice of collecting eggs or excavating a nest following deposition and reburying all intact eggs.

(m) “Permit Holder” means the individual, firm or corporation authorized to conduct marine turtle conservation activities under the provisions of this chapter.

(n) “Prudent peer review standards” means criteria or processes arising from scientific methods established or generally accepted by the scientific community to evaluate deductive models, experiments, research proposals, and results that are directed toward the validation of hypotheses or advancement of scientific knowledge.

(o) “Qualified individual” means the individual who has been approved by FWC as having the appropriate experience and knowledge as specified in this chapter for the authorized activity.

(p) “Regulatory permit or authorization” means a permit, water quality certificate, or authorization issued pursuant to Chapter 161 or 373, F.S.

(q) “Scientific purpose” means for the purposes of conducting research or analysis using prudent experimental protocols to gain scientific knowledge and to advance conservation, population management, or biological understanding of marine turtles.

(r) “Scientific research” means an activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data.

(s) “Special Activity License” or “SAL” means a license issued pursuant to Chapter 68B-8, F.A.C.

History

Rulemaking Authority 379.2431(1), 379.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS. History–New 12-9-07, Amended 11-23-16.

Fla. Admin. Code R. 68E-1.004 General Permit Application Procedures, Requirements and Expiration

(1) Applications: Any individual, firm or corporation desiring to obtain authorization to conduct scientific, conservation, or educational activities directly involving marine turtles shall submit an application to the Commission prior to conduct of the activity. Applications shall be submitted electronically through the permitting portal on http://myfwc.com or submitted on the application form to the Florida Fish and Wildlife Conservation Commission, Tequesta Field Laboratory, 19100 S.E. Federal Highway, Tequesta, FL 33469, unless otherwise directed. Application for Marine Turtle Permit (FWC Form 32-101, effective 4/16) is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07543. Application forms shall be made available by the Commission to any individuals requesting them from the above-listed submittal address, MTP@MyFWC.com, or by telephone.

(2) Permit Criteria: An individual, firm or corporation must be a properly accredited person in accordance with Section 379.2431(1)(c), F.S., must have specific experience with marine turtles and the proposed activity, and must meet the applicable criteria in this rule to be eligible to receive authorization from the Commission to undertake activities for research, conservation, or educational purposes that involve any of the prohibited actions listed in Section 379.2431(1)(d)1., F.S. The Commission shall not issue permits to applicants unable to demonstrate a working knowledge of current marine turtle conservation practices, to applicants lacking specific experience in conducting the requested activities, to applicants who do not meet the applicable criteria in this chapter, or if there is no demonstrated need for the project.

(a) Research Purposes: To be eligible to receive a permit to conduct research with marine turtles, the applicant must be an individual who meets the applicable criteria in this rule.

(b) Educational or Conservation Purposes: To be eligible to receive a permit for educational or conservation purposes such as conducting nesting beach surveys, stranding, tagging, or holding marine turtles in captivity, an individual, firm or corporation must identify:

Principal Officer: A principal officer who shall be listed on the permit and who is duly authorized to make legally binding decisions for the applicant. An individual applicant can identify themselves as the principal officer. The principal officer shall be independently responsible for ensuring that all activities are conducted in accordance with all terms and conditions of the permit, this chapter, and the Handbook and that all reports are submitted by the deadlines identified in the permit or the Handbook.
Qualified Individual: One or two qualified individuals who meet the requirements in this chapter and the Handbook for the requested activity. If more than one qualified individual is identified, the permit shall specify a lead qualified individual who shall serve as the primary contact for all authorized activities. The lead qualified individual, in addition and independently of the principal officer, shall be responsible for ensuring that all activities are conducted in accordance with all terms and conditions of the permit, this chapter, and the Handbook and that all reports are submitted by the deadlines identified in the permit or the Handbook. An individual applicant can identify themselves as the qualified individual. For a firm or corporation, the qualified individual(s) must either be in the applicant’s employment or be affiliated with the applicant as a volunteer and be identified in the application by name. The lead qualified individual shall make all decisions concerning direct interactions with marine turtles including nesting beach surveys, marking and relocating nests, educational displays and activities, and basic husbandry and care for holding marine turtles in captivity in conjunction with the veterinarian listed on the permit. In the event a qualified individual leaves employment or discontinues their affiliation with the corporation or firm, the permit holder shall notify the Commission within forty-eight hours, and within 30 days secure the services of another qualified individual who meets all requirements in this rule and the Handbook.

(c) Loan Agreements: Any individual, firm or corporation who meets the criteria herein shall be eligible to receive authorization from the Commission in the form of a loan agreement to possess dead marine turtles or marine turtle parts for educational purposes pursuant to subsection 68E-1.0041(2), F.A.C.

(3) Processing: Applications submitted in accordance with subsection (1), shall be reviewed and processed as follows:

(a) Upon receipt of a request to conduct activities with marine turtles, Commission staff shall examine the application and, within 30 days of receipt, notify the applicant of any apparent errors or omissions and request any additional information required in accordance with Section 379.2431(1), F.S., this chapter and the Handbook. If the applicant does not respond to the Commission’s request for additional information after 60 days, the request shall be denied without prejudice.

(b) Requests to conduct multiple activities including conservation, research, and holding marine turtles in captivity may be submitted within one application or amendment but each request shall be processed and approved or denied as a separate individual request in accordance with this chapter and statutory timeclocks. As each request is approved, FWC shall either administratively amend the existing permit to include that activity and any specific conditions or restrictions or issue a new permit that includes the requested activity and any specific conditions or restrictions.

(d) The Commission shall approve or deny requests within 90 days of receipt of a complete application. The Commission shall not approve an application that does not contain sufficient information to determine that all requirements of Section 379.2431(1), F.S., this chapter, and the requirements in the Handbook have been met.

(4) Nesting Beach Surveys: Applicants requesting a Marine Turtle Permit for the first time to conduct nesting surveys as a permit holder shall meet the following additional criteria or employ or identify at least one qualified individual who is affiliated with the applicant and who meets these criteria. Applicants shall submit documented information detailing how each qualified individual meets the following requirements including dates and specific location(s) where experience was acquired.

(a) Experience: The qualified individual shall have specific experience conducting nesting surveys, including a minimum of two (2) nesting seasons, or two hundred (200) hours, of marine turtle nesting survey experience and shall submit the information required under paragraph (b). State and federal employees who are requesting a permit for a marine turtle nesting survey program on state or federal land are not required to meet this criterion, but shall submit the following information for their program to document their experience.

(b) To document the qualified individual’s experience, the applicant shall submit the following information:

The specific duties and responsibilities related to marine turtle conservation that have been carried out.
The frequency with which nesting surveys were conducted.
The area that was surveyed.
Whether surveys were conducted independently or with other authorized personnel.
Approximate number of crawls observed during a two (2) year period.
List of all of training that was received or presented and name of trainer.
Years of program oversight and number of others supervised.

(c) Knowledge: The qualified individual shall satisfactorily complete a set of standardized comprehensive qualifying examination questions pertaining to general marine turtle biology, nests, species characteristics, and the Commission Marine Turtle Conservation Handbook. The qualified individual shall correctly answer 90% of the questions to be eligible to receive a permit. Qualified individuals who do not correctly answer 90% of the questions may retake the test after obtaining no less than one month additional field experience. State and federal employees who are requesting a permit for a marine turtle nesting survey program on state or federal lands are not required to meet this criterion.

(d) Education: The Commission shall also consider formal and continuing education course work and work experience in the permitting decision.

(e) References: The applicant shall provide two (2) references to verify the qualified individual’s experience; each reference must have specific marine turtle nesting survey experience. These references must be knowledgeable regarding the qualified individual’s responsibilities, performance, and experience in marine turtle nesting surveys. For experience based on work performed in Florida under a Commission-issued permit, at least one of the references must be a Marine Turtle Permit holder. For experience based on work performed outside of Florida, at least one of the references must be a program administrator or project leader. Personnel supervised by the applicant or qualified individual should not be used as a reference. Complete addresses, telephone numbers, and e-mail addresses should be provided for each reference. State and federal employees who are requesting a permit for a marine turtle nesting survey program on state or federal lands are not required to meet this criterion.

(f) Training: Qualified individuals are expected to complete a Commission nesting workshop annually. Principal officers are expected to complete these workshops the first year they are affiliated with a permit. Authorized personnel listed on the permit are expected to complete these workshops at least once every two years.

(g) Reporting: Standard reporting forms for nesting surveys and relocation of nests will be furnished by the Commission, and must be completed and submitted to the Commission annually to maintain the state permit. FWC Annual Index Nesting Beach Survey Form (FWC Form A-1, effective 6/16) and FWC Annual Report for the Statewide Nesting Beach Survey (FWC Form SNBS-1, effective 6/16) are hereby incorporated by reference and are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07544 and https://www.flrules.org/Gateway/reference.asp?No=Ref-07545.

(5) Nest Relocation: To qualify to relocate marine turtle nests, the applicant’s qualified individual shall have a minimum of twenty-five (25) hours of having successfully relocated marine turtle nests obtained within the past five (5) years. Applicants shall submit documented information detailing how the qualified individual meets this requirement including dates and specific location(s) where experience was acquired. Relocations shall be considered successful if the hatch and emergence success meets or exceeds the hatch and emergence success averaged by species statewide. As part of the application, the applicant shall provide complete up-to-date documentation of the qualified individual’s relocation experience including paragraphs (a) and (b), below. State and federal employees who are requesting a permit to relocate marine turtle nests on state or federal land are not required to meet this criterion.

(a) Experience: Field data sheets documenting relocation experience signed or verified by the Marine Turtle Permit holder (in Florida) or other biologist with marine turtle nesting survey experience (outside Florida) that oversaw the relocations.

(b) To document the qualified individual’s experience, the applicant shall submit the following information:

List of all relocated nests with reason for relocation.
List of beach sites that received relocated nests and explanation of how they were chosen.
Hatching success data for all relocated nests.
Other information that documents experience or training for nest relocation.

(c) Knowledge: The qualified individual must satisfactorily complete a set of standardized comprehensive qualifying examination questions pertaining to marine turtle nest relocation techniques by correctly answering 90% of the questions. Qualified individuals who do not correctly answer 90% of the questions may retake the test after obtaining no less than one month additional field experience.

(6) Duplicate Requests: Upon receipt of multiple applications to conduct nesting surveys on the same designated beach, Commission staff shall consider the following in permit decisions.

(a) The length of time applicants or the qualified individuals conducted nesting surveys in that area and their familiarity with the specific beach.

(b) Ability of the applicants or the qualified individuals to provide the technical information required by a state or federal regulatory permit.

(d) History of compliance of the applicants and the qualified individuals with all provisions of this chapter and the Handbook.

(e) Consistency in data collection for the Statewide and Index Nesting Beach Surveys.

(7) Regulatory Permit Monitoring: In the event a local, state or federal regulatory permit requires additional marine turtle nesting surveys and conservation activities on a beach that is already a part of either the Statewide or Index Nesting Beach Surveys, Commission staff shall modify the existing Marine Turtle Permit to include any additional survey or monitoring requirements of the regulatory permit if requested in writing by both the Marine Turtle Permit holder and the regulatory permittee. Otherwise a second authorization to conduct those activities required as conditions of the regulatory permit may be requested pursuant to subsection (1), above.

(a) If a second authorization is issued, only those additional activities not being conducted by the existing permit holder and that are required as conditions of the regulatory permit shall be authorized. All conservation activities such as marking or relocating nests shall be conducted secondary to the Statewide or Index Nesting Beach Surveys and in cooperation with the Marine Turtle Permit Holder authorized to conduct Statewide or Index Nesting Beach Surveys.

(b) Statewide and Index Nesting Beach data shall be submitted to the Commission by the Marine Turtle Permit Holder authorized to conduct Statewide or Index Nesting Beach Surveys.

(8) Conflict of Interest Prohibition: When marine turtle protection or monitoring is required as a condition of any regulatory permit, a Marine Turtle Permit to conduct such monitoring shall only be issued to an independent third party who can obtain appropriate authorization as required by this chapter. Counties or municipalities with an established marine turtle conservation program, including a permit holder, may conduct monitoring for all local government-sponsored activities such as beach nourishment provided the permit holder meets all requirements of this chapter and the primary responsibility of the permit holder and their program is conservation of marine turtles and not the implementation of other programs such as beach management.

(9) Stranding: To qualify to conduct stranding activities, the applicant’s qualified individual shall have documented ten (10) stranded turtles, provide evidence of having attended a Commission stranding workshop within one year prior to application and acknowledge in writing that they have read and understand the protocols in the Handbook for conducting Sea Turtle Salvage Stranding Network (STSSN) activities. Qualified individuals and authorized personnel listed on the permit are expected to complete Commission stranding workshops at least once every two years.

(10) In-water Activities: Prior to conducting in-water protection or research work, the permit holder shall provide evidence of a valid Incidental Take Authorization from the National Oceanographic and Atmospheric Administration.

(11) Scientific Research: To qualify to conduct research with marine turtles, parts thereof, or their nests, applicants must be an individual who must submit a research proposal as outlined in Section 6 of the Handbook, which shall be reviewed and processed as follows.

(a) All research requests shall be reviewed by FWC staff to ensure the requirements of Section 379.2431(1), F.S., this chapter, and the Handbook are met. The Commission, using prudent peer review standards, shall consider the following in scientific research permit decisions:

The appropriateness of the proposed scientific methodologies,
The need for the research,
The extent that the project is designed to avoid or minimize negative impacts to marine turtles; and,
The potential for the research to add to scientific knowledge about marine turtle biology and to promote the recovery of marine turtle populations.

(b) FWC staff shall process requests to conduct scientific research with marine turtles as follows:

Requests to amend an existing research project to include methods that are minimally invasive or have negligible impacts or that propose the addition of a technique other than lethal take that the individual is currently approved to utilize in other FWC-authorized research projects will not require external peer review.
New research projects or amendments that include a technique that the individual has not been previously authorized to conduct with a particular marine turtle species or requests that include lethal take shall be submitted for external peer review in accordance with this chapter and the Handbook.

(c) External peer reviewers shall be invited to review proposals based on specific expertise, experience, or publication in the proposed methodology, procedure, species, or issue being investigated. External peer review shall proceed as follows:

Complete copies of research proposals that meet the requirements in the Handbook shall be sent to as many as five peer reviewers along with copies of relevant documents such as the primary investigator’s curriculum vitae.
External peer reviewers shall be asked to comment on research objectives, methodology, study duration, potential for impacts to the experimental animals, investigator’s experience in the proposed technique, and the potential for the research to add to scientific knowledge about marine turtle biology and to promote the recovery of marine turtle populations.
External peer reviewers shall be asked to identify any potential conflicts of interest they may have with the proposed research or individual proposing it.

(d) The Commission may seek additional information from the individual applicant based on the peer review and provide recommendations for consideration.

(e) The Commission will impose restrictions on the permit or deny the application when necessary based on the above assessments.

(f) The Commission shall provide the individual applicant a copy of the Commission’s draft permit for review and comment prior to permit issuance provided that agency final action can occur within the required statutory time clocks. The Commission will consider requests by the individual to modify proposed conditions or restrictions if the requested changes are consistent with Section 379.2431(1), F.S., and the modification can be completed within the required statutory timeclocks.

(12) Captive Facilities: To qualify to hold or to rehabilitate marine turtles for a conservation purpose or for education, applicants with ownership or control over property that maintains adequate equipment to safely hold and care for marine turtles for the purposes of the permitted activity and that meet the requirements of this chapter and Section 4 of the Handbook must do the following:

(a) Applicants requesting a permit to hold marine turtles for rehabilitation or education for the first time shall identify a principal officer and provide documentation of at least one qualified individual who will be responsible for the care and treatment of marine turtles in accordance with paragraph (2)(b), above. The following documentation of experience shall be submitted to the Commission and be subject to approval upon initial application and upon each instance of an application for amendment to change the qualified individual.

1, The qualified individual responsible for the care and treatment of marine turtles shall have no less than one (1) year with 1,000 hours experience in the direct care, feeding, handling, and husbandry of marine turtles. Applicants shall submit a notarized statement describing each qualified individual’s specific experience, the date, and the specific location(s) where acquired.

Applicants shall provide two (2) references from individuals having personal knowledge of the qualified individual’s experience in the husbandry and care of marine turtles. These references may include members of a professional organization or governmental institution such as universities, public agencies, zoological associations, herpetological societies and veterinarians. At least one reference must have specific experience holding marine turtles in captivity. Personnel supervised by the applicant or the qualified individual may not be used as a reference. Complete addresses, telephone numbers, and email addresses should be provided for each reference.
The applicant shall provide documentation that each qualified individual has agreed to provide care for the marine turtles to be housed in association with the application.
Each qualified individual shall be listed on the permit and, in conjunction with the veterinarians providing care, shall be responsible for all decisions related to holding, care, display, and public or media interaction with captive marine turtles.

(b) Veterinary care shall be provided by facilities holding or rehabilitating marine turtles. Veterinarians providing marine turtle care shall have expertise with marine turtles as outlined in this chapter and Section 4 in the Handbook. The applicant shall identify at least two veterinarians who will provide the care at the facility and include documentation of each veterinarian’s experience with the application. The veterinarians identified in the application shall be listed on the Marine Turtle Permit.

The applicant shall provide references from practicing marine turtle rehabilitation veterinarians having personal knowledge of each proposed veterinarian’s clinical proficiency in marine turtle rehabilitation, records of prior permits for the keeping of captive marine turtles, employment records, and any other competent documentation of the requisite experience to document proficiency with marine turtle care and treatment.
The applicant shall provide documentation that the veterinarians have agreed to provide veterinary care for marine turtles to be housed in association with the application.
For facilities located in Florida, the applicant shall provide a copy of a valid State of Florida veterinary license (Chapter 474, F.S.) and U.S. Drug Enforcement Administration (DEA) Controlled Substance Registration Certificate for each proposed veterinarian. For facilities located in other states, the applicant shall provide a copy of a valid veterinary license issued by the state where the facility is located. If one of the veterinarians holds a DEA Certificate for the facility’s address and the appropriate controlled drugs are stored in accordance with federal regulations onsite for use by all veterinarians, than only one DEA Certificate is required. If controlled substances are not going to be stored onsite under a DEA Certificate for that site, than all attending veterinarians must have DEA Certificates.

(c) All facilities making application to hold or to rehabilitate marine turtles are subject to inspection by Commission personnel before issuance of a permit and on a periodic basis for the duration of the permit, if issued.

All systems and exhibits proposed to house marine turtles must be in place and fully operational for a minimum of two (2) weeks prior to inspection, including but not limited to: structures, water source, water treatment and filtration systems, lighting, security, food storage, food preparation area(s), medical treatment areas and equipment, and educational signage.
The facility shall submit documentation that all water quality parameters identified in the Handbook have been met during that period.
The initial inspection must occur no sooner than two (2) weeks after the facility is completely operational.

(d) Rehabilitated marine turtles shall be released as soon as they are fit for survival in the wild. The determination of fitness shall be made by the attending veterinarian in consultation with Commission personnel. All releases shall be coordinated in advance with Commission personnel.

(e) All facilities holding live marine turtles shall complete the reporting forms supplied by the Commission and submit them quarterly. Report forms require information on the status of captive marine turtles, acquisitions, deaths, releases and water quality. Failure to provide timely reports shall be grounds for the Commission to revoke current permits and to deny future applications for authorization. The Marine Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 4/16) is hereby incorporated by reference and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07546, or by contacting MTP@MyFWC.com.

(f) Marine turtles shall not be held for rehabilitation (whether or not the marine turtles are publicly displayed) in conditions detrimental to the turtle, as determined during a site inspection by Commission staff.

(g) Limited educational displays of marine turtles of a threatened species shall be authorized when consistent with the Handbook.

(h) Endangered marine turtles may be held on display in the event that they have been deemed non-releasable as a result of injuries that would preclude their ability to survive in the natural habitat, are of an unknown or non-Florida origin, or were acquired prior to the enactment of the Federal Endangered Species Act of 1973 (16 U.S.C. §1531 et. seq.).

(i) The applicant shall install interpretive signs regarding marine turtle conservation at the educational exhibit of marine turtles. The scientific content of such signs shall be submitted for approval by Commission staff prior to installation to mtp@myfwc.com or to the Tequesta Field Laboratory at the address in subsection (1), above. Commission staff will review the sign within thirty (30) days to determine if the information is accurate and will inform and instruct the public in the biology, habitat, or conservation needs of marine turtles. An approved sign must remain in place while captive or educational turtles are on display at the facility.

(13) Possession of Permit: A marine turtle conservation permit, loan agreement, or consent permit issued by the Commission must be in the possession of the named Marine Turtle Permit holder, qualified individual and authorized personnel at all times during conduct of authorized activities.

(14) Marine Turtle Conservation Handbook: The Commission Marine Turtle Conservation Handbook (effective 6/16) related to nesting surveys, nest relocation, release, and other management or conservation activities is hereby incorporated by reference and is available at the address listed in subsection (1), above, and online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07547.

(a) The requirements in the Handbook shall be considered conditions of any permit issued.

(b) The following forms, instructions and protocols are included in the Handbook and are hereby incorporated by reference.

Nourishment Monitoring Spreadsheet (FWC Form Nourish-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07548.
FWC Statewide Nesting Beach Survey Instructions (effective 6/16) are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07549.
FWC Fish and Wildlife Research Institute Statewide Nesting Beach Survey (SNBS) Protocol (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07550.
FWC Fish and Wildlife Research Institute Index Nesting Beach Survey (INBS) Protocol (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07551.
Rare Species Documentation Protocol (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07553.
Tips and Tricks for Using a GPS Unit to Record Locations (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07554.
Nest Productivity Assessment Spreadsheet (FWC Form NPA-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07555.
Nest Productivity Assessment Protocol (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07556.
FWC Marine Turtle Disorientation Report (FWC Form Dis-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07557.
Disorientation Form Instructions (effective 6/16) are available at https://www.flrules.org/gateway/reference.asp?No=Ref-07565.
FWC Marine Turtle Obstructed Nesting Attempt Report Form (FWC Form ONA-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07558.
FWC Obstructed Nesting Attempt Instructions (effective 6/16) are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07559.
Sea Turtle Stranding and Salvage Network Stranding Report (FWC Form STSSN-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07560.
Fibropapilloma Documentation Form (FWC Form STSSN-2, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07561.
Protocol for Responding to Cold-Stunning Events (effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07562.
Cold Stun Event Turtle Data Form (FWC Form STSSN-3, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07563.
Sea Turtle Stranding and Salvage Network Gross Necropsy Report (FWC Form STSSN-4, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07564.
FWC Cooperative Marine Turtle Tagging Program (CMTTP) Tagging Data Form (FWC Form TAG-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07566.
FWC Marine Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07567.
Marine Turtle Transfer Form (FWC Form CAP-2, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07568.
Educational Presentations Using Live Turtles Reporting Form (FWC Form E-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07569.
Checklist for Pre-emergent Hatchling Collection (FWC Form Res-1, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07570.
FWC Marine Turtle Annual Research Reporting Form (FWC Form Res-2, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07571.
FWC Public Turtle Watch Schedule (FWC Form E-2, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07572.
FWC Public Turtle Watch Summary (FWC Form E-3, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07573.
FWC Nighttime Public Hatchling Release Form (FWC Form E-4, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07574.
FWC Public Hatch Success Evaluation Form (FWC Form E-5, effective 6/16) is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07575.

(c) The failure of the permit holder, principal officer, qualified individual or any authorized personnel listed on the permit to follow the requirements included in the Handbook or this chapter shall be considered as Rule 68-1.010, F.A.C., regarding revocation or suspension of current permits or denial of applications.

(c) The permit holder, principal officer, and lead qualified individual are responsible for transmitting the Handbook to all authorized personnel listed on the permit. Failure to properly distribute the Handbook and to supervise the activities of authorized personnel listed on the permit shall be considered as provided in Rule 68-1.010, F.A.C., regarding revocation or suspension of current permits or denial of applications.

(15) Additional Permits Required: Permits for scientific research issued under this chapter are not valid in state, federal, or local parks, monuments, sanctuaries or preserves without additional permits or concurrence from the appropriate management unit.

(16) Permit Duration: Permits shall be valid for one to two years as follows:

(a) Existing permit holders who have met all reporting deadlines and who are in compliance with all requirements in their permits, this chapter, and the Handbook, if approved, shall be approved for two (2) years.

(b) Applicants who have not previously held a Marine Turtle Permit for the requested conservation, education or research activity, who have not met all reporting deadlines timely, or who have not complied fully with permit conditions, this chapter or the Handbook, if approved, shall only be approved for one (1) year.

(c) All reports and information required in this chapter or the Handbook must be submitted as specified in the permit, this chapter and the Handbook and accepted as complete by agency staff.

(17) Transferability: Permits are non-transferable and shall be issued to a single applicant acting as the permit holder.

(18) Authorized personnel: The Commission shall allow up to twenty-four authorized personnel to conduct the marine turtle conservation work under the supervision and request of the permit holder or lead qualified individual. The permit shall not exceed twenty-six listed names.

(a) The Commission shall allow additional personnel under a consent permit in accordance with subsection 68E-1.0041(3), F.S., when requested by the permit holder provided these individuals are not directly involved in data collection, nesting surveys, or in direct contact with a marine turtle, nest, or hatchlings unless specifically approved by Commission staff. The request must list each additional individual, their address and phone number, specify the activity in which they will participate, and describe the training provided for that activity.

(b) Permits shall include all authorized personnel, each of which must be named on the permit prior to field work. The permit holder and other individuals listed on the permit shall have the permit or a copy thereof upon their person while conducting work with marine turtles, their nests, hatchlings or turtle parts. No non-authorized personnel may participate in permitted activities.

(19) Permit Renewal: Renewal of existing Marine Turtle Permits shall occur as follows:

(a) All renewal requests, forms, and reports required pursuant to this chapter shall be submitted to the Commission through the online permit portal or to the Tequesta office approximately two months prior to the expiration of the existing permit.

(b) Permit renewals shall be based upon satisfactory compliance with this chapter, the conditions of the existing permit, receipt of all reports for authorized activities, compliance with the Handbook for authorized activities, the need for a specific activity, and response to Commission staff upon request for information related to authorized activities.

History

Rulemaking Authority 379.2431(1), 379.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS. History–New 2-11-81, Amended 8-6-81, Formerly 16B-40.04, 16B-40.004, 16R-1.004, 62R-1.004, Amended 7-1-04, 12-9-07, 3-24-13, 7-20-14, 11-23-16.

Fla. Admin. Code R. 68E-1.0041 Authorizations for Marine Turtle Research, Conservation, and Educational Activities

(1) Conservation Permits – Activities that require a conservation permit include, but are not limited to, any actions associated with a living or stranded marine turtle, its nest, or hatchlings such as:

(a) Any research or conservation activities, or

(b) Any educational activities, including, but not limited to, educational displays or public awareness walks.

(c) Hatcheries shall not be approved unless authorized in an incidental take authorization from the U.S. Fish and Wildlife Service.

(2) Loan Agreement – Activities involving use of any dead marine turtle or parts thereof shall be authorized by a loan agreement. Authorization For Loan of Marine Turtle Specimens (FWC Form ST-LA effective 12/07) is hereby incorporated by reference and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07576, or by contacting MTP@MyFWC.com.

(3) Consent Permit – The following activities shall be authorized by a consent permit:

(a) Transfer of marine turtles, or parts thereof, to or from permit holders into or out of the state of Florida;

(b) Limited consumptive use of marine turtle parts for research;

(c) One-time events or minor activities that are not of a sufficient magnitude to require a conservation permit or a modification to an existing conservation permit;

(d) Actions undertaken in response to an emergency officially designated by the appropriate officials of the state of Florida, or

(e) Actions that are a result of short term collaboration with Commission staff, such as directed research or management activities.

History

Rulemaking Authority 379.2431(1), 379.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS. History–New 12-9-07, 11-23-16.

Fla. Admin. Code R. 68E-1.005 Suspensions and Revocation

(1) Non-compliance with permits issued under the provisions of this chapter is subject to the following actions:

(a) For all one year permits, failure to fulfill reporting requirements or respond to other information requests shall constitute a minor violation of this rule. Such a violation shall cause the Commission to issue a notice of noncompliance to the permittee, and issuance of subsequent year permits shall not proceed until the permittee fulfills all such requirements.

(b) For all two year permits, failure to fulfill reporting requirements or respond to other information requests shall cause the Commission to issue a notice of noncompliance to the permittee. Failure to come into compliance in a timely manner shall subject the permittee to suspension or revocation.

(c) Permittee shall be subject to permit suspension or revocation by the Commission if it finds that the permit holder or qualified individual has violated this chapter, Chapter 379, F.S., Title 68, F.A.C., state or federal wildlife protection acts or codes, submitted false information in the application, has deviated significantly from the approved activity, or has violated conditions under which the permit was originally issued.

(2) Permits issued under this chapter are subject to the provisions of Rule 68-1.010, F.A.C.

History

Rulemaking Authority 379.2431(1), 3279.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS. History–New 2-11-81, Formerly 16B-40.05, 16B-40.005, 16R-1.005, 62R-1.005, Amended 12-9-07, 3-24-13, 11-23-16.

Fla. Admin. Code R. 68E-1.0061 Additional Special Requirements for Any and All Marine Turtles

History

Rulemaking Authority 379.2431(1), 379.244(2), 379.407 FS. Law Implemented 379.2431(1), 379.244(2), 379.407 FS. History–New 2-11-81, Formerly 16B-40.061, 16B-40.0061, 16R-1.0061, 62R-1.0061, Repealed 11-23-16.

Chapter 68E-2 MARINE TURTLE GRANTS PROGRAM

Fla. Admin. Code R. 68E-2.001 Intent

History

Rulemaking Authority 379.2431(1)(d)4., (h) FS. Law Implemented 320.08058(19), 379.2431(1)(d)4., (h) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.002 Definitions

History

Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(d)4. FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.003 Availability of Funds

History

Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.004 Marine Turtle Grant Committee

History

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.005 Eligibility Criteria

History

Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.006 General Grant Application Requirements

History

Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.007 Grant Funding Criteria and Procedures

History

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.008 Disbursement of Funds

History

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Fla. Admin. Code R. 68E-2.009 Reporting Requirements

History

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History–New 5-9-01, Repealed 3-17-16.

Chapter 68E-3 PERMIT FOR CATCHING AND POSSESSION OF FISH PROTECTED BY LAW AS STOCK FOR ARTIFICIAL CULTIVATION

Fla. Admin. Code R. 68E-3.001 Introduction and Scope

History

Rulemaking Authority 379.407 FS. Law Implemented 379.2411 FS. History–New 11-27-80, Formerly 16B-43.01, 16B-43.001, 16R-3.001, 62R-3.001, Repealed 7-1-04.

Fla. Admin. Code R. 68E-3.003 General Permit Application Procedures and Requirements

History

Rulemaking Authority 379.1025 FS. Law Implemented 379.2411(2), (3) FS. History–New 11-27-80, Formerly 16B-43.03, 16B-43.003, 16R-3.003, 62R-3.003, Repealed 7-1-04.

Fla. Admin. Code R. 68E-3.004 Review, Expiration, Revocation, Penalty

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-27-80, Amended 8-6-81, Formerly 16B-43.04, 16B-43.004, 16R-3.004, 62R-3.004, Amended 5-13-02, Repealed 7-1-04.

Chapter 68E-5 REPORTING REQUIREMENTS FOR THE MARINE FISHERIES INFORMATIONSYSTEM

Fla. Admin. Code R. 68E-5.001 Introduction, Scope, and Definitions

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.01, 16B-45.001, 16R-13.001, Amended 12-31-89, Formerly 16R-5.001, 62R-5.001, Repealed 7-1-25.

Fla. Admin. Code R. 68E-5.002 Reporting Requirements

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.02, 16B-45.002, 16R-13.002, Amended 12-31-89, Formerly 16R-5.002, Amended 1-5-95, 6-11-95, Formerly 62R-5.002, Repealed 7-1-25.

Fla. Admin. Code R. 68E-5.003 Record Content and Description

History

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.03, 16B-45.003, Amended 3-30-87, Formerly 16R-13.003, Amended 12-31-89, Formerly 16R-5.003, Amended 1-5-95, Formerly 62R-5.003, Repealed 7-1-25.

Fla. Admin. Code R. 68E-5.004 Data Management

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.04, 16B-45.004, Amended 3-30-87, Formerly 16B-13.004, Amended 12-31-89, Formerly 16R-5.004, Amended 1-5-95, Formerly 62R-5.004, Repealed 7-1-25.

Fla. Admin. Code R. 68E-5.005 Penalties

History

Rulemaking Authority Article IV, Section 9 Fla. Const., 379.407, 379.414 FS. Law Implemented 379.407, 379.414 FS. History–New 10-17-84, Formerly 16B-45.05, 16B-45.005, 16R-13.005, Amended 12-31-89, Formerly 16R-5.005, 62R-5.005, Repealed 7-1-25.

Fla. Admin. Code R. 68E-5.900 Forms

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.245 FS. History–New 5-10-99, Formerly 62R-5.900, Repealed 7-1-25.

Chapter 68E-9 THE FLORIDA ARTIFICIAL REEF PROGRAM

Fla. Admin. Code R. 68E-9.001 Introduction and Scope

(1) It is the intent of the Florida Fish and Wildlife Conservation Commission pursuant to statutory authority under Section 379.249, F.S., to establish a program to provide grant funding and technical assistance to coastal local governments and nonprofit corporations qualified under section 501 (c)(3) of the U.S. Internal Revenue Code for the development of artificial reefs and the monitoring and evaluation of their recreational, economic, and biological effectiveness in the predominantly marine waters of Florida and adjacent federal waters. The program is intended to accomplish the following objectives: 1) promote coordinated and effective efforts to develop artificial reefs; 2) locally enhance fishery resources; 3) increase hard bottom reef fish habitat where appropriate; 4) increase saltwater fishing and diving opportunities, and 5) facilitate artificial reef related research and monitoring.

(2) The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program.

History

Rulemaking Authority Article IV, Section, 9 Fla. Const., 379.249 FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.002 Definitions

(1) “Applicant” means a local coastal governmental entity or an eligible nonprofit organization qualified under Section 501 (c)(3) of the U.S. Internal Revenue Code submitting a written grant application or proposal for financial assistance.

(2) “Artificial reef” for purposes of this rule means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida’s managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes.

(3) “Coastal local government” means any local governing body which is duly constituted under the laws of Florida and whose geographical jurisdiction covers, includes or borders the Atlantic Ocean, Gulf of America, estuaries, or other predominantly marine waters.

(4) “Commission” means the Florida Fish and Wildlife Conservation Commission.

(5) “Development” for the purposes of this rule shall mean the process of creating a plan for a reef project or reef program, project site selection, obtaining permits, securing or fabricating reef materials, and transportation, and placement of artificial reef materials for the purpose of constructing an artificial reef.

(6) “Division” means the Division of Marine Fisheries in the Florida Fish and Wildlife Conservation Commission.

(7) “Evaluation” for purposes of this rule means the objective and accurate measurement of various characteristics of the artificial reef and its associated environmental related fishery and user benefits, for the purpose of judging whether the artificial reef is meeting the objectives specified for it by the grantee. Evaluation is synonymous with assessment.

(8) “Live bottom” for purposes of this rule shall mean an area that contains varying biological assemblages of perennial algal species and/or such invertebrates as sea fans, sea whips, hydroids, anemones, ascidians, sponges, bryozoans, or corals living upon and attached to naturally occurring permanent or ephemeral hard or rocky formations with rough, broken or smooth topography and of variable vertical relief. Live bottom is a subset of hard bottom which also includes living natural reefs such as tropical coral reefs, Oculina coral reefs, oyster reefs, and worm reefs, as well as artificial reefs.

(9) “Monitoring” for the purposes of this rule means the process of making technical and scientific observations at a reef site, as a means of gathering data according to a predetermined study plan in order to detect physical, biological, or recreational use patterns and changes.

(10) “Nonprofit corporation” for purposes of this rule means an organization that is a not-for-profit charitable, scientific or educational organization under 501 (c)(3) of the Internal Revenue Service Code and is in full compliance with the regulations defining and governing that organization.

(11) “Permitted site” means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body.

(12) “Pollution” for purposes of this rule means any substances released into the waters of the state and adjacent federal waters resulting in a man-made alteration of the chemical, physical, biological, or radiological integrity of the water in quantities or levels which are potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation.

(13) “Predominantly marine waters” means surface waters in which the chloride concentration at the surface is greater than or equal to 1,500 milligrams per liter.

(14) “Prefabricated modules” means structures specifically designed and built for use as artificial reefs and which meet the environmental safety, durability, and stability requirements of this rule, as well as providing complexity and texture which are suitable as habitat for fishes and for colonization by encrusting marine organisms.

(15) “Program” means the Florida Artificial Reef Program.

(16) “Project” means an artificial reef project involving procurement of services and/or goods which has been granted money from the Artificial Reef Program.

(17) “Project Managers” means those individuals designated to act on behalf of the applicant and the Commission on matters relating to any subsequent grant agreement.

(18) “Research” for the purposes of this rule means investigation or experimentation aimed at the discovery and interpretation of facts which may lead to improved methods for the design, construction, placement, and use of artificial reefs as fishery management tools.

(19) “Staging area” means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.003 Artificial Reef Program Application

(1) Applicant Eligibility. Program financial assistance is available only to coastal local governments as defined in subsection 68E-9.002(3), F.A.C., and nonprofit corporations as defined in subsection 68E-9.002(10), F.A.C. To meet project funding eligibility requirements, a nonprofit corporation must also:

(a) State in its articles of incorporation or bylaws that one of its objectives is the development or monitoring of artificial reefs;

(b) Demonstrate coordination with the appropriate coastal local government, including conceptual project approval by the local government;

(c) Have written authorization from the permit holder to use a permitted site if the permit holder is an entity other than the nonprofit corporation; and,

(d) Have filed Articles of Incorporation with the Department of State prior to applying for financial assistance under this grant program and furnish the Commission with a valid letter of authorization or similar documentation of 501 (c)(3) status from the Internal Revenue Service.

(2) A coastal local government or qualified nonprofit corporation interested in applying for financial assistance under the program must submit to the Commission a completed construction and/or monitoring application together with all required attachments. The construction grant application is listed as FWCC-AR01 and the monitoring grant application is listed as FWCC-AR02 in Rule 68E-9.007, F.A.C. An applicant may submit no more than one construction project application and one monitoring application per grant cycle.

(3) For complex projects beyond the scope of the standard applications, a formal project proposal is required which includes but is not limited to a detailed project description and relevant application data as provided by the application forms listed in Rule 68E-9.007, F.A.C., and in subsection 68E-9.005(3), F.A.C. In order to meet program strategic plan objectives, or complete federal grant tasks, the Commission may elect to solicit grant applications on specific topics by advertising requests for proposals in the Florida Administrative Register and by contacting interested parties in writing at least two months prior to the closing date for program application.

(4) Application Process. The Division shall send out a call for applications to all prospective project applicants in the first week of January. The call for applications shall include both construction and monitoring project application forms and other information as required. The application receipt deadline shall be the third Friday in March. This does not preclude the Division from providing funds for additional projects after the deadline if additional uncommitted funds become available.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.004 Program Criteria for Allocating Funds

The following criteria establish minimum standards for the funding of artificial reef development and monitoring projects.

(1) Project Activity Eligibility. The following activities are eligible for funding under the program: engineering activities, transportation of artificial reef material, cost of project advertising, purchase or construction prefabricated modules, materials preparation, monitoring or evaluation of artificial reefs, development or updating of local, regional or state artificial reef plans, and associated studies or research needed to gather and analyze data necessary for the development or revision of such plans or to improve artificial reef management processes in Florida.

(a) Engineering activities. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for engineering services. Any funds required in excess of this amount must be provided by the applicant. For purposes of this program, engineering activities may include but need not be limited to the following:

Post deployment mapping of the orientation and position of the reef materials in relation to each other,
Observation of deployment operations including observation vessel charter, camera film and film development, video and video media, and duplication,
Material stability analysis; and,
When necessary to assure accurate placement of material, costs of anchors, chain, shackles, temporary buoys, line, etc.

(b) Transportation of artificial reef materials, for purposes of this program includes:

Transportation of artificial reef construction material to a staging area,
Water transportation of material from the staging area to the artificial reef site; and,
Rental of cranes, forklifts, or other equipment for handling material at construction, staging and artificial reef sites.

(c) Costs of advertising includes costs associated with all forms of publicity to announce bid specifications and secure vendors;

(d) Cost of purchasing natural rock and prefabricated modules which may include design and construction of the latter material;

(e) Reef material preparation costs include cleaning and any necessary inspections or laboratory analyses requiring special expertise to identify and insure removal of polluting material any necessary welding, cutting, or other modifications necessary to insure human and environmental safety; or, to enhance the habitat quality of the material;

(f) Physical monitoring, mapping, and evaluation of artificial reefs to determine the relative merit of the material and the stability and durability of the artificial reef; biological monitoring to describe the reef community and track reef community trends; evaluations to compare two or more reefs for purposes of comparing reef biological or physical characteristics;

(g) Establishment or updating of comprehensive local government, regional, or state artificial reef management plans to guide local reef development activities; and,

(h) Associated applied research, planning, economic, user, or harvest studies needed to provide documentation for the management direction to be provided in local, regional or state artificial reef plans.

(2) Reef Construction Project Eligibility. Only those artificial reef construction projects which are proposed for placement on permitted sites with permits, valid throughout the project period, designed to be in compliance with all permit terms and conditions, and whose primary objectives for development are included in the definition of an artificial reef (subsection 68E-9.002(2), F.A.C.) shall be eligible for program funding. Proposed project activities must be consistent with adopted local, state, and national artificial reef plans, and other applicable local, state and federal regulations and fishery management plans. Although a variety of coastal structures are recognized to create hard bottom habitat, projects not eligible for program funding are those whose primary objective is:

(a) Shoreline or inlet stabilization, bridge, pier, jetty or dock construction;

(b) Wave or current attenuation (breakwaters);

(d) Mitigation for damaged or destroyed habitat resulting from a specific human activity for which another party is liable;

(e) Placement of artificial reef material for the purpose of subsequently removing the material and/or its associated reef community as part of an aquaculture project; and,

(f) To serve as an underwater art form, novelty or entertainment/media event.

(3) Acceptable artificial reef construction locations. Only construction projects with locations that meet all of the following criteria will be considered qualified for program funding. The proposed reef location must:

(a) Be at least 150 feet from the boundary of the permitted site to provide a buffer area if some movement of materials occurs, or if problems with placement precision arise;

(b) Be no closer than 150 feet from submerged aquatic vegetation, live bottom, coral and other natural reef structures; and,

(c) Be on substrate firm enough to support the artificial reef materials proposed for deployment so that loss of reef function through subsidence will be minimized. Documentation of substrate compatibility shall include, at a minimum, identification of the specific substrate type.

(4) Artificial reef construction materials eligible for program funding. All program funded projects must demonstrate either through prior documented observation and/or based upon an engineering assessment acceptable to the Division, projected durability and stability in a twenty (20) year return interval storm event at the depth placed. Under these conditions the permitted reef should not move off the permitted site or substantially break up with resultant loss of habitat value. Funded artificial reefs are expected to serve as an effective artificial reef for a minimum of twenty (20) years. No artificial reef structures will be funded that consist of low density long-lived component parts that may disassociate and become prone to movement as the reef breaks down over time. Artificial reef materials must not cause pollution. The materials that will be funded in Commission artificial reef projects include clean concrete or rock, clean steel boat hulls, other clean, heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that are concrete or a mixture of clean concrete and heavy gauge steel.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.005 Project Application Review and Ranking Application Review

The review of project applications will be conducted by a three person application review team designated by the Division Director. The review process will be as follows:

(1) Reef Construction Project Ranking. The application review team will competitively rank eligible artificial reef construction projects according to the following factors based upon information provided by the Applicant:

(a) Project site selection and environmental assessment.

Submit a bottom survey and discuss these results (up to four points),
An environmental assessment that justifies the project and project site based upon minimum environmental impact (up to five (5) points),
Discussion of the range of wave height, current velocity, temperature, salinity, visibility, tidal range, and other physical oceanography conditions and how those factors may affect the project (up to four points); and,
Availability of relevant prior biological, or environmental data associated with the proposed reef site or general site vicinity (up to five (5) points).

(b) Local demand for artificial reefs based upon:

Demonstrated public support for the proposed artificial reef project, based upon written letters or resolutions of support less than six months old (up to five (5) points),
Numbers of recreational boats 16 feet long or longer registered in the affected county (data provided by Division) (up to five (5) points),
Number of one year resident and nonresident recreational fishing license holders in the affected county (data provided by Division) (up to five (5) points); and,
Number of charter/head boats in the affected county (data provided by the Division) (up to five (5) points).

(c) Access. The presence of at least one navigable inlet access point regardless of location that is within 20 nautical miles of the project site (three points).

(d) Financial. Except in the case of funding steel hulled vessels pursuant to subsection 68E-9.004(4), F.A.C., providing cash match funds is not a requirement for the applicant. However the commitment of the applicant to provide funds to help construct the proposed artificial reef will be ranked in proportion to the percentage match of the project (up to 4 points).

(e) Supply.

Estimated percent coverage of natural hard bottom in the multi-county area (more points allotted to lesser coverage) (data provided by Division) (up to eight points); and,
The number of existing artificial reefs within a .25 nautical mile radius of the proposed project (more points awarded for fewer reefs) (up to four points).

(f) The applicant included specific, well defined and measurable objectives to gauge the success of the project (up to five (5) points);

(g) The applicant’s plan to measure the success of project objective achievement (up to five (5) points);

(h) Availability of a five year local artificial reef management plan which shows a linkage with the proposed project (up to five (5) points);

(i) Availability of a written artificial reef monitoring and assessment plan (up to five (5) points);

(j) The applicant’s project plan that addresses logistics, coordination, and staging area availability and location material (up to five (5) points);

(k) Reef design and configuration; habitat complexity, interstitial spaces, surface area, material placement and positioning (up to 10 points);

(l) The project is an innovative project or designed to provide future monitoring potential (up to five (5) points);

(m) Project practicality. The extent to which the project is physically and economically feasible based upon the project description and the available funding (up to five (5) points);

(n) Demonstrated durability and stability of the reef material at the depth proposed for placement based on prior field evaluations or stability analyses (four points);

(o) Assurance of the availability of reef material for the proposed project (three points);

(p) Demonstrated involvement of a marine advisory board (two points);

(q) The applicant’s historic ability of timely project completion, and compliance with grant agreement terms and conditions based upon the most recent grant agreement performance (up to five (5) points);

(r) Number of staff and percentage of time available to undertake administrative and field aspects of project, including subsequent monitoring and assessment (up to five (5) points);

(s) First time participation in the program by the applicant (five (5) points);

(t) The applicant is located in an economically depressed rural coastal county (Division provides data) (five (5) points); and,

(u) Overall quality of application preparation and accuracy (up to four points).

(2) Monitoring Project Evaluation. The review of project applications will be conducted by a three person application review team designated by the Division Director. The review process will be as follows:

(a) The proposed project collects useful data that will be of value to the Commission and the applicant in determining an artificial reef’s effectiveness in meeting the objectives for which the reef was constructed (up to 5 points);

(b) Clearly stated project monitoring or assessment objectives (up to 5 points);

(c) The methods of data collection are clearly presented and are scientifically acceptable and proven field methods and appropriate for the specific monitoring objectives stated (up to 5 points);

(d) Final deliverables are clearly described in the application (up to 5 points);

(e) The data to be collected is transferable to the Commission in an acceptable format (up to five (5) points);

(f) The applicant’s historic commitment to timely project completion, and in compliance with grant agreement terms and conditions based upon the most recent monitoring grant agreement performance (up to five (5) points);

(g) The qualifications, training and experience of the individuals performing the data collection and data analysis (up to five (5) points);

(h) The project’s cost effectiveness in relation to the quantity, quality, and type of data expected to be collected (up to five (5) points);

(i) The procedures to be used to check on the quality of the data as it is collected and handled (quality assurance/quality control) (up to five (5) points);

(j) Are a continuation of an ongoing multi-year project effort which has provided reliable and useful data and demonstrated high compliance with prior grant agreement terms and conditions (up to three (3) points);

(k) Are endorsed by the local government reef coordinator whose county has a written artificial reef monitoring plan in place and who will provide multi-year monitoring (two points); and,

(l) Project proposals that address unresolved scientific issues or provide data relevant to artificial reef management (up to five (5) points).

(3) Ranking of other complex planning, research, and evaluation projects. These projects will be funded based upon ability of the project to meet state or local artificial reef planning and management needs, availability of funds, and likelihood of successful completion of the project objectives. These project applications will include a detailed formal proposal that includes but is not limited to:

(a) Purpose of the project and specific measurable objective(s);

(b) Detailed scope of work;

(d) A description of sampling methodologies and statistical analyses;

(e) A time table; and,

(f) Qualifications of investigators.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.006 Project Funding

Project funding limits. The Commission may provide up to $60,000 per state fiscal year for an artificial reef project, based on the criteria set forth in Rule 68E-9.003, F.A.C., above. During any given funding year the combined funding available to all the applicants applying from a given county shall not exceed twenty percent of the total artificial reef project funds available. The Commission may consider project funding in excess of $60,000 for a single project depending on the availability of funds, the total number of applications received, and the nature and scope of project applications which provide the following:

(1) Expanded economic opportunities, particularly in depressed areas.

(2) Research and evaluation projects on traditional or new artificial reef materials or designs.

(3) Experimental artificial reef construction designed to:

(a) Provide improvements in habitat quality, durability or stability over that of conventional reuse material; and,

(b) Provide reefs which enhance the conservation/preservation of fisheries resources through design and placement resulting in reduction of directed fishing pressure and over fishing.

(4) Development of local or regional artificial reef management plans and supporting studies.

(5) Multi-county regional reef construction or assessment projects.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS. History–New 7-1-01.

Fla. Admin. Code R. 68E-9.007 Forms and Instructions

(1) Project Administration Forms. Information required by the Commission must be placed on the prescribed forms, titles and numbers of which are listed below. Such forms and instructions may be obtained without cost by writing:

Florida Fish and Wildlife Conservation Commission, Division of Marine Fisheries, 620 South Meridian Street Box MF-MFM, Tallahassee, Florida 32399-1600.

(2) This list of forms includes:

(a) FWCC-AR01 Artificial Reef Program Construction Grant Application.

(b) FWCC-AR02 Artificial Reef Program Monitoring Grant Application.

History

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented 379.249 FS. History–New 7-1-01.

Chapter 68E-18 SPINY LOBSTER TRAP CERTIFICATE PROGRAM

Fla. Admin. Code R. 68E-18.001 Introduction: Purpose and Intent

The Legislature amended chapter 370, F.S., to establish the Florida Spiny Lobster Trap Certificate Program, to promote stabilization, efficiency and resource protection in the lobster fishery by reducing the number of permitted traps. The following requirements, standards and regulations are established to implement and comply with the intent of section 379.3671, F.S.

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.001.

Fla. Admin. Code R. 68E-18.002 Definitions

(1) “A1-certificates” are trap certificates that have never been transferred from the original certificate holder.

(2) “A2-certificates” are trap certificates that have been transferred to or from an immediate family member for which no surcharge has been collected.

(3) “Active Certificates” are those certificates for which all licenses, certificate fees, and surcharges have been paid in full and are current, and the holder’s Saltwater Product License (SPL), Crawfish Endorsement (C-number), and certificates are not inactive.

(4) “Allotted certificates” and “allocated certificates” mean the number of lobster trap certificates assigned to an individual certificate holder and maintained by the Commission after the initial allocation is established for an individual SPL number with a C-number. The certificate balance is that number of certificates as adjusted from time to time by program reductions pursuant to Fish and Wildlife Conservation Commission (FWC) rule, lawful acquisition or transfer of certificates to or from other certificate holders, and other adjustments as are lawful or otherwise appropriate under the program.

(5) “B-certificates” are trap certificates that have been transferred outside a trap certificate holder’s immediate family and for which a surcharge is due or has been collected.

(6) “C-number” refers to the Crawfish Endorsement on a SPL.

(7) “Certificate holder” is an individual who holds a valid SPL with a current C-number and who received an initial allotment of trap certificates, or obtained trap certificates transferred from another trap certificate holder, or otherwise has acquired trap certificates and these certificates are assigned to his or her SPL/C-number. The certificates may be active or inactive.

(8) “Commission” means the Fish and Wildlife Conservation Commission.

(9) “Fair market value” means the actual price paid for each certificate.

(10) “Immediate Family” for purposes of the Lobster Trap Certificate Program means mother, father, sister, brother, spouse, son, daughter, step-son, step-daughter, step-father, step-mother, half sister, half brother, son-in-law, or daughter-in-law of the individual certificate holder.

(11) “Inactive certificates” are those certificates which are allocated to a certificate holder but are not available for transfer or issuance of trap tags because the certificate holder has not paid all required license fees, certificate fees, and surcharges and/or the certificate holder’s SPL, C-number, or other required licenses, endorsements or authorizations are otherwise under suspension, revocation, or inactive.

(12) “Initial allocation” of certificates is the number of certificates established in 1993 for SPL/C-number holders at the beginning of the Lobster Trap Certificate Program based on the best benchmark year landings made by that licenseholder.

(13) “Issued Certificates” means those certificates which have been paid for, are current, and are assigned to an SPL/C-number account.

(14) “Lobster trap” is any device or gear, as defined in rule 68B-24.006, Florida Administrative Code (F.A.C.), which is used to aid in the taking of lobster. Only authorized lobster traps may be used, and trap tags obtained from trap certificate allocations may only be affixed to authorized lobster traps. The use of a trap tag does not create any authorization whatsoever to use any gear not otherwise lawful to use or aid in the taking of lobster.

(15) “Spiny lobster” or “crawfish” or “lobster” means any crustacean of the species Panulirus argus, or any part thereof.

(16) “Standardized trap reduction” and “annual trap reduction” means the 4 percent annual trap reduction established pursuant to rule 68B-24.009, F.A.C.

(17) “Transferred certificates” means a change in title from one certificate holder to another SPL and C-number holder. A transfer is a final transaction and is accomplished by submittal of a completed application, payment of all necessary fees, recording of the transfer in the Commission records, and documentation of the transfer furnished to the previous and new owner of the certificates.

(18) “Trap reduction schedule” means the reduction schedule established by the FWC in rule 68B-24.009, F.A.C., as provided for in section 379.3671(3), F.S.

(19) “Trap tag” or “lobster trap tag” is a physical, durable, annual lobster trap identification and authorization label, furnished annually by the Commission to the certificate holder. One trap tag may be obtained by the certificate holder for each trap certificate held. The trap tag must be firmly affixed to the lobster trap each fishing season in order to place the trap in the water and use the trap to aid in the taking of lobster.

History

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Formerly 62R-18.002, Amended 7-1-01, 4-11-04, 7-15-04, 5-1-11, 4-17-18.

Fla. Admin. Code R. 68E-18.003 Certificate Allocations and Fees

(1) The number of allotted certificates is determined upon an initial allocation pursuant to establishment of the program to certificate holders that had a SPL with a C-number during the benchmark years (i.e., the 1988-1989, 1989-1990, or the 1990-1991 lobster fishing seasons) and maintained it through 1992, and/or other lawful acquisition of certificates by a certificate holder.

The initial allocation was determined pursuant to section 379.3671(2)(a)1., F.S., by using a certificate holder’s highest year landings of lobster from one of the three designated benchmark years to calculate the number of certificates based on the poundage landed and reported to the Commission during the best (e.g., highest reported poundage of lobster) benchmark year.

(a) The initial allocation may be adjusted through an appeal process to the Lobster Trap Certificate Technical Advisory and Appeals Board as established in section 379.3671(2)(a)1., F.S. Subsequent adjustment of the initial allocation number of certificates by the Commission may be made based on a recommendation by the Appeals Board, or other administrative or judicial proceeding.

(b) A certificate allocation may be adjusted by transfer of certificates to or from any certificate holder to another as further described in this rule.

(c) After the initial allocations have been made to current SPL/C-number holders in the first year of the program, a person wishing to enter the fishery may acquire an SPL/C-number and obtain a certificate allocation through the transfer or other lawful acquisition of trap certificates to his or her license.

The allocation and number of certificates is administered and maintained by the Commission.
The certificate holder will be advised annually as to the number of certificates assigned to his or her C-number, the amount due to the Commission for the certificates in the current year, and any arrearage of costs or fees due.
Certificates will only be issued in whole numbers of certificates; there are no fractional certificates.
There must be one or more certificates allocated to a certificate holder in order for the certificate holder to have an allocation. A person may have an SPL/C-number with no trap certificates; a person may not have a certificate allocation without certificates assigned to their C-number.

(2) Any certificates for which the annual certificate fee is not paid for a period of two (2) years shall be considered abandoned and shall revert to the Commission. During any period of trap reduction, any certificates reverting to the Commission shall become permanently unavailable and be considered in that amount to be reduced during the next license-year period. A report of all certificates reduced is furnished by the Division of Marine Fisheries to the FWC pursuant to the annual evaluation process required in section 379.3671(3), F.S. Certificates reduced from the certificate inventory are not recoverable or otherwise available for use or reissue during the remainder of any year in which there is an annual reduction.

(3) The charges for a certificate will accumulate for each year not paid until that certificate is removed from the certificate pool pursuant to subsection (2), above. All prior certificates must be paid for to keep the allotment current, regardless of annual reduction in the allotment total.

(4) Partial payments of fees for certificates will not be accepted.

(5) Certificate fees for current year season certificates not received by the Commission by March 1 for the current lobster fishing season will not be accepted.

(6) Certificates shall not be issued or allocated until all licenses, fees, and surcharges have been paid in full and are current, and the holder’s SPL and C-number are not otherwise inactive.

(7) Trap tags shall not be issued to certificate holders until all licenses, certificate fees, surcharges and any other outstanding fees to the Commission have been paid in full and are current, and the holder’s SPL, C-number, and certificates are not otherwise inactive.

(8) Reasons or circumstances resulting in inactive certificates include:

(a) A certificate holder has his SPL suspended, revoked, or fails to renew his SPL;

(b) A certificate holder has his C-number suspended, revoked, or fails to renew his C-number;

(d) The certificate holder is deceased;

(e) The certificates or necessary licenses are in arrears on payment of required annual fees; and,

(f) The certificate holder has failed to obtain such additional authorizations or endorsements to licenses.

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.003, Amended 7-1-12, 4-17-18.

Fla. Admin. Code R. 68E-18.004 Spiny Lobster Trap Tags

(1) No lobster trap shall be used on or in the waters of the state without a current year trap tag firmly affixed thereto. Traps with tags that are not firmly affixed by nails, staples, or otherwise securely fastened as may be provided by the Commission, shall be considered untagged for enforcement purposes.

(2) Lost or damaged tags may be replaced upon proper verification of loss, as defined in subsection (3), below, and payment of the replacement tag fee designated for that year have been made. Damaged tags must be turned in to the Commission. Payment for replacement tags must be made before the replacement tags are issued to the certificate holder.

(3) Cost of replacement tags will reasonably reflect the actual cost charged to the Commission by the vendor manufacturing the tags, plus a fee of three dollars per order to cover processing and handling.

(4) Notification of lost or damaged tags shall be a written report made to the Commission of the tag numbers lost or damaged (“Spiny Lobster Trap Tag Replacement form”), Form No. FWC 30-203, September 1995, hereby incorporated by reference, may be obtained by contacting the local Division of Law Enforcement Office. In addition, a report must be filed concurrently with the local Division of Law Enforcement Office stating the location of where the traps were lost and the circumstances of the loss.

History

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Amended 2-11-96, Formerly 62R-18.004, Amended 7-1-01.

Fla. Admin. Code R. 68E-18.005 Transfer of Certificates

(1) Trap certificates shall only be transferred from the trap certificate account of one person to the account of another between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. However, requests to transfer trap certificates received after February 15 may not be completed during the current season if all required information and fees are not also received at that time.

(2) Payment of all outstanding license fees, trap tag fees, surcharges and any other charges owed to the Commission by either party in the transfer transaction must be completed within the transfer period. All fees and charges shall be resolved and current before any transfers shall be made by the Commission and before trap certificates and tags are issued to the receiving holder.

(3) No surcharge will be assessed for any transfer within an individual’s immediate family.

(4) All transfers must be submitted on a notorized copy of either Commission form FWC 20-173a (10-16) (Spiny Lobster Trap Certificate Transfer Application – Standard, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07703), or Commission form FWC 20-173b (10-16) (Spiny Lobster Trap Certificate Transfer Application – Immediate Family, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07704, and which are hereby incorporated by reference. No other form will be accepted. Both parties to the transfer must state the value paid and received for the certificates and list the tag audit numbers included in the transfer. Fraudulent statements of value paid or received for certificates by either the transferor or transferee will result in the denial of the transfer, and refer the matter to the appropriate authorities for other disposition.

(5) The transferor shall designate in detail which certificates (A1, A2 or B) are being transferred, and in what combination thereof.

(6) The transferee shall have a valid SPL and a current C-number before any transfer will be authorized. A certificate holder who intends to close their trap certificate account by transfer of all certificates to another person’s account, and who is not eligible for the restricted species endorsement, shall be exempt from the requirements of rule 68B-24.0055, F.A.C., for purposes of completing the transfer. However, the transferor shall not be issued a crawfish endorsement on an actual saltwater products license without the restricted species endorsement. The transferee is responsible for ensuring that all transfer/surcharge fees are paid to the Commission. Transfer fees and surcharges will be assessed only on those trap certificates actually received from the transferor by the transferee.

(7) If the certificate holder is deceased, the estate of the certificate holder may distribute the certificates by transferring possession of the certificates to a current SPL and C-number holder. The transfer of certificates shall be made upon lawful order of the probate court, or other lawful notice and designation pursuant to chapter 732 or 733, F.S., by the personal representative or other person authorized by law to settle the estate. Transfers from an estate of a deceased certificate holder are subject to the ordinary fees and processing requirements of these rules and the Lobster Trap Certificate Program.

(8) Only active certificates may be transferred.

(9) Upon transfer, the transferred certificate becomes part of the receiving certificate holder’s allocation of certificates.

History

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const., 379.3671 FS. History–New 5-16-95, Amended 4-7-99, Formerly 62R-18.005, Amended 7-1-01, 7-15-04, 5-1-11, 12-28-16.

Fla. Admin. Code R. 68E-18.006 Rental or Leasing of TrapTags

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.006, Repealed 4-17-18.

Fla. Admin. Code R. 68E-18.007 Trap Reduction

(1) Beginning July 1, 2001, and in each subsequent year until such time as only 400,000 trap certificates are available to the fishery, the number of trap certificates shall be reduced pursuant to rule 68B-24.009, F.A.C.

(2) If the percentage reduction results in a fractional number, that partial trap represented in the fraction will be rounded off. For example, a calculation of an annual or standardized reduction percentage times the certificate allocation yields the product 18.5; in this application, the certificate allocation would be reduced by 18 certificates. If a calculation of an annual or standardized reduction percentage times the certificate allocation yields the product 18.6; in this application, the certificate allocation would be reduced by 19 certificates. For all certificate holders, any reduction will never be less than one (1) certificate.

(3) Any certificate allocation reduced to zero trap certificates will be deleted from the Commission’s active certificate allocation records. The certificate allocation may only be reduced to zero by sale or transfer of certificates out of the certificate holder’s allocation, forfeiture, or other lawful process.

(4) During trap reduction, B-certificates will be reduced prior to the reduction of any A-certificates.

(5) Certificates allocated but not issued shall be included in an active reduction, should an active reduction be necessary in a given year pursuant to rule 68B-24.009, F.A.C. Each allocation will be reduced whether the tags are purchased and issued or not.

(6) Failure to pay certificate fees and other charges in any year will not exempt a certificate holder from having their certificates reduced as part of the annual reduction. All charges and fees on active and inactive certificates must be paid, including charges and fees on certificates lost to reduction.

(7) If an individual has more than one C-number and the additional C-numbers have allocated certificates, the reduction shall apply to certificates allocated to each C-number; that is, each C-number allocation shall be reduced according to the percentage reduction authorized for that year.

History

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Formerly 62R-18.007, Amended 7-1-01.

Fla. Admin. Code R. 68E-18.008 Suspension of Certificates and Crawfish Endorsement

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.008, Repealed 4-17-18.

Fla. Admin. Code R. 68E-18.010 Commission Policy Regarding the Assessment of Administrative Penalties

It shall be the policy of the Commission to assess administrative penalties pursuant to section 379.3671(2)(c)4., F.S., for a violation involving use of spiny lobster traps without current year trap tags as required by section 379.3671(2)(b), F.S.

(1) For a first violation of the referenced regulation, a penalty of up to $1,000 shall be assessed. The Commission shall assess these penalties as follows:

(a) $25 per untagged trap for the possession or use of up to and including 20 untagged lobster traps;

(b) $1,000 for possession or use of 21 or more untagged lobster traps.

(2) For a second violation of the referenced regulation that occurs within 24 months after any previous such violation, an administrative penalty of up to $2,000 shall be assessed and the spiny lobster endorsement may be suspended for 12 months. The Commission shall assess these penalties as follows:

(a) $50 per untagged trap for the possession or use of nine (9) or fewer such traps plus suspension of the spiny lobster endorsement for 12 months;

(b) $75 per untagged trap for possession or use of 10 up to and including 20 such traps plus suspension of the spiny lobster endorsement for 12 months;

(c) $2,000 and suspension of the spiny lobster endorsement for 12 months for possession or use of 21 or more untagged spiny lobster traps.

(3) For a third violation that occurs within 36 months after any two previous such violations, an administrative penalty of up to $5,000 shall be assessed and the spiny lobster endorsement may be suspended for 24 months. The Commission shall assess these penalties as follows:

(a) $100 per untagged spiny lobster trap and suspension of the spiny lobster endorsement for 12 months for possession or use of one (1) to nine (9) untagged traps;

(b) $250 per untagged spiny lobster trap and suspension of the spiny lobster endorsement for 24 months for possession or use of 10 to 19 untagged traps;

(c) $5,000 and suspension of the spiny lobster endorsement for 24 months for possession or use of 20 or more untagged spiny lobster traps.

(4) A fourth violation that occurs within 48 months after any three previous such violations shall result in permanent revocation of all of the violator’s saltwater fishing privileges, including having the Commission proceed against the endorsement holder’s saltwater products license in accordance with section 379.407, F.S.

History

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.3671(6). Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3671 FS. History–New 7-9-02, Amended 12-10-18.

Chapter 68E-19 NON-REFUNDABLE PROCESSING FEE FOR THE REPLACEMENT OF SALTWATER FISHING LICENSES, PERMITS, RETAIL DEALER LICENSES AND WHOLESALE DEALER LICENSES

Fla. Admin. Code R. 68E-19.001 Introduction

This rule will provide a non-refundable processing fee for the replacement of saltwater fishing licenses, permits, and retail or wholesale dealers licenses, as referenced on Form FWC 30-215 (1/25/99), during any given license year.

History

Rulemaking Authority 379.361 FS. Law Implemented 379.361 FS. History–New 6-7-99, Formerly 62R-19.001.

Fla. Admin. Code R. 68E-19.002 Replacement License or Permit Fees

(1) There will be a non-refundable $10.00 fee assessed for each license or permit that is replaced.

(2) Any request for such a replacement license or permit may be denied, if the application form is not completely and accurately completed and signed, or if the $10.00 fee per application is not submitted with the application.

(3) Any request for such a replacement license or permit may be denied, if there are any outstanding fees, fines or civil penalty assessments charged against the applicant's original license or permit.

History

Rulemaking Authority 379.361(7), (8) FS. Law Implemented 379.361 FS. History–New 6-7-99, Formerly 62R-19.002.

Fla. Admin. Code R. 68E-19.003 Saltwater Fishing License or Permit Replacement Application

The application shall be incorporated and hereby referenced to and entitled “Saltwater Fishing License or Permit Replacement Application” and may be obtained by request to the Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399.

History

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.361 FS. History–New 6-7-99, Formerly 62R-19.003.

Chapter 68E-21 VESSEL CORRIDORS

Fla. Admin. Code R. 68E-21.001 Establishment of Vessel Corridors for the Transit of Prohibited Nets Across Florida Waters During the License Reinstatement Period

(1) Purpose and Scope. This rule implements Art. X, §16 and Art. IV, §9, Florida Constitution by establishing vessel corridors within which persons, firms or corporations subject to saltwater license privilege suspensions resulting from a violation of Art. X, §16, Florida Constitution, must confine their operation when carrying prohibited nets for a 12-month reinstatement period following reinstatement of suspended saltwater license privileges.

(2) Definitions. The following definitions apply for the purposes of this rule:

(a) “Commission” means the Fish and Wildlife Conservation Commission.

(b) “Prohibited nets” refers to all forms of gear, the use of which is prohibited, restricted, or otherwise limited by the provisions of article X, section 16, of the Florida Constitution or any Rules of the Commission implementing the prohibitions or restrictions therein.

(c) “Reinstatement period” means a period of twelve months following reinstatement of saltwater license privileges suspended in accordance with the provisions of Sections 379.361 and 379.362, F.S., during which time the resumed fishing activities remain subject to probationary conditions imposed by statute or rule. The date the reinstatement period begins is the day upon which saltwater license privileges are restored following suspension and the period shall continue for 365 calendar days from the date of reinstatement.

(d) “Reinstatement” means the restoration of saltwater license privileges heretofore suspended for a fixed period of time pursuant to Sections 379.361 and 379.362, F.S. Reinstatement shall occur upon the first calendar day immediately following the last calendar day of the period of saltwater license privilege suspension specified by statute.

(e) “Vessel corridor” or “corridor” means designated paths in, through or across a water body or portions thereof identified by this rule as permissible for the carriage of prohibited nets during the reinstatement period. Where a marked channel is listed as the corridor, the corridor lies within the marked boundaries of the channel. Where a direct line on a specified heading is listed as the corridor, the corridor lies within 100 yards either side of the line for a total width of 200 yards. The vessel corridor descriptions and headings are given for outbound vessels; vessels returning from sea will follow a reciprocal heading.

(f) “Miles” means nautical miles.

(3) Reinstatement Identification. Any vessel carrying or otherwise transporting prohibited nets during the reinstatement period shall at all times during the carriage of such nets display the character “R” in a prominent and conspicuous place so as to be clearly visible from the air and water. This character will identify the vessel as one operating while under the terms of the reinstatement period.

(a) The character “R” must be of a solid color which must contrast with the background color of the vessel and must be maintained so as to be clearly visible and legible. The character must be at least 10 inches in height, and must be displayed on both the port and starboard sides of the vessel near amidships or on the vessel’s superstructure so as to be clearly visible from the water, and on the roof or uppermost weather deck so as to be clearly visible from the air.

(b) It is unlawful to obstruct, cover, block, or otherwise allow this character to be concealed in any manner.

(4) Establishment of Vessel Corridors. The following vessel corridors are hereby established:

(a) St. Mary’s Entrance – Beginning at the State Road 200/A1A bridge, thence north in the Intracoastal Waterway to the intersection of the Intracoastal Waterway and the St. Mary’s Entrance Channel, thence directly out the entrance channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(b) St. Johns River/Mayport – Beginning at the Matthews Bridge, thence generally north and east in the marked channel of the St. John’s River out of the inlet in the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(c) St. Augustine Inlet – Beginning at Kings Street on the San Sebastian River in the marked channel of the river, thence directly to the Intracoastal Waterway, thence generally north in the Intracoastal Waterway to marker buoy #2, thence out the St. Augustine Inlet to marker #2, thence to the sea buoy, until one mile offshore if carrying non-entangling nets over 500 square feet or three miles if carrying gill, trammel, or other entangling nets.

(d) Port Canaveral – Beginning east of the locks in Port Canaveral, thence generally east in the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(e) Ponce De Leon Inlet – Beginning at the Intracoastal Waterway and State Road 44 (South Causeway Bridge), thence in the marked channel of the Intracoastal Waterway to marker #19, thence north in the Indian River directly to the Ponce De Leon Inlet. Out the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(f) Sebastian Inlet – Beginning at the Intracoastal Waterway and the State Road 510 Bridge, thence generally north in the Intracoastal Waterway to marker #63, thence to marker #20, thence directly out Sebastian Inlet, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(g) Ft. Pierce Inlet – Beginning at the Riverside Marina Channel, thence directly to the Intracoastal Waterway generally south to the Fort Pierce turning basin, thence generally east in the Fort Pierce Inlet channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(h) St. Lucie Inlet – Beginning at Manatee Pocket, thence directly to the marked channel of the Okeechobee Waterway (St. Lucie River), thence generally east to the St. Lucie Inlet Channel, thence out the channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(i) Lake Worth Inlet – Beginning in the Intracoastal Waterway at the Blue Heron Bridge, thence generally south in the Intracoastal Waterway to the Port of Palm Beach turning basin, thence out the Lake Worth Inlet Channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(j) Miami River/Government Cut – Beginning in the Miami River, thence to the Intracoastal Waterway, thence to the Port of Miami and out Government Cut Channel to marker #1, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(k) Tavernier Creek – Beginning at the oceanside of Tavernier Creek bridge, thence generally southeast out the marked channel to marker number 1 of the channel, thence on a heading of 120 degrees (directly toward marker #12 at Conch Reef) until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(l) Boot Key Harbor – Beginning at Boot Key Harbor thence generally southwest in the Harbor, thence to the end of the Boot Key Harbor Channel (marker #1):

Boot Key Harbor Oceanside – Thence due south until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.
Boot Key Harbor Gulfside – Thence to Knights Key Channel generally north to Bethel Bank Light (marker #16), thence to John Sawyer Bank Light (marker #3), thence to Bullard Bank Light (marker #2), thence continuing on a bearing of 330 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(m) Stock Island Channel:

Stock Island Channel Oceanside – Beginning at marker #17 in Stock Island Channel, thence out Stock Island Channel to marker #2 until one mile offshore if carrying non-entangling nets over 500 square feet or thence due south to three miles offshore if carrying gill, trammel, or other entangling nets.
Stock Island Channel Gulfside – Beginning at marker #17 in Stock Island Channel, thence out Stock Island Channel to marker #2, thence on a heading of 245 degrees to the bell buoy at the entrance of the marked main ship channel, thence generally north in the marked main ship channel to marker #15, thence generally northwest to Northwest Channel out the Northwest Channel to the sea buoy (marker #1), thence due north passing Smith Shoal Light and continuing due north until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(n) Everglades National Park – Proscribed gear may be transported through Everglades National Park beginning at Everglades City only over Indian Key Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across Chokoloskee Bay thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(o) Naples Bay – Beginning at the U.S. 41 bridge at Naples Bay (Tin City), thence generally south in the marked channel to marker #19, thence generally west in the marked channel to Gordon’s Pass marker #1, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(p) Punta Rassa Boat Ramp – Beginning at the Punta Rassa boat ramp at the east end of the Sanibel Bridge Causeway, thence generally west to the “A-span” of the Sanibel Bridge Causeway, thence generally southeast to marker #10 (flashing red light), continuing southeast in the marked channel to marker #8 (flashing red light), thence generally southeast to the Matanzas pass entrance channel and marker #6, continuing to marker #3, thence on a bearing of 210 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(q) Gasparilla Sound – Beginning in Gasparilla Sound at the Intracoastal Waterway marker #20, thence generally south in the marked channel of the Intracoastal Waterway to the center of Boca Grande Pass, thence generally west in the marked channel to marker #3 (whistle buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(r) Sarasota Bay/New Pass – Beginning in Sarasota Bay at the Tenth Street boat ramp on U.S. 41, thence generally southwest in the marked channel across Sarasota Bay and out through New Pass to marker #2 (bell buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(s) Anna Maria Island/Longboat Pass – Beginning in Anna Maria Sound at the State Road 684 bridge, thence generally south/southeast in the marked Intracoastal Waterway to marker #46, thence generally south/southwest in the marked channel known as Longboat Channel to Longboat Pass. Thence in the marked channel of Longboat Pass generally southwest to marker #2 (bell buoy), thence on a bearing of 240 degress until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(t) Egmont Channel:

Tampa Bay – Beginning at the Gandy boat ramp, thence generally west following the Gandy Bridge to the designated bridge channel, thence due south to marker #11K of the ship channel. Thence in the marked ship channel following cut K, J-2, J, G, F, E, D, C, B, and A to the Skyway Bridge. Thence generally west in the marked Mullet Key Channel, thence generally west in the marked channel known as Egmont Channel to marker #16, continuing generally west in the marked ship channel to marker #5 (whistle buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.
Ft. Desoto Boat Ramp – Beginning in Mullet Key Bayou at the Fort Desoto boat ramp, thence generally north in the marked channel to the intersection of Bunces Pass Channel, thence generally west in the marked channel through Bunces Pass, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(u) Anclote River – Beginning in the Anclote River at the U.S. Highway 19 (Alternate) bridge, thence generally west in the marked channel to the head marker #2, thence north directly to marker #6, thence on a bearing of 346 degrees directly to marker #4. Thence on a bearing of 320 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(v) Hernando Beach Channel – Beginning at the Hernando Beach boat ramp, thence generally west in the marked channel to the channel head marker, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(w) Crystal River – Beginning at the head of the Crystal River, thence generally west in the marked channel to the channel head marker #2, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(x) Cedar Key – Beginning at the Cedar Key boat ramp, thence generally south/southwest in the marked main ship channel to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(y) Horseshoe Beach – Beginning at Horseshoe Beach, thence generally southwest in the marked channel to marker #2, thence on a heading of 225 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(z) Keaton Beach – Beginning at Keaton Beach generally west in the marked channel to marker #1, thence on a heading of 250 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(aa) Econfina River (Taylor County) – Beginning at the Econfina Landing out the river to the mouth of the river, thence on a heading of 220 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(bb) Port Panacea – Beginning at Port Panacea, thence generally southeast in the marked channel to marker #3, thence on a heading of 120 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(cc) Apalachicola River – Beginning at marker #8 in the Apalachicola River, thence generally south in the Intracoastal Waterway to marker #1 (turning buoy), thence on a heading of 175 degrees to marker #3 of Bob Sikes Cut. Thence in the marked channel through Bob Sikes Cut to marker #1, thence on a heading of 160 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(dd) St. Joseph Bay – Beginning at the Port St. Joe city boat ramp, thence generally southwest in the marked channel (North Channel becoming Entrance Channel) to the whistle buoy, thence on a heading of 240 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(ee) St. Andrews Bay – Beginning at St. Andrews Marina, thence generally southwest to marker #6, thence generally southeast following the marked channel to marker #3. Thence generally southwest in the marked channel out the inlet to the whistle buoy, thence on a heading of 240 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(ff) Destin Pass:

Alaqua Bayou – Beginning in Alaqua Bayou, thence on a heading of 220 degrees to marker 47 of the Intracoastal Waterway, thence generally west in the Intracoastal Waterway to marker 17 of the North Channel (Destin Pass), thence generally south out the marked channel (Destin Pass) to marker #3, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.
Boggy Bayou – Beginning at marker #9 in Boggy Bayou, thence generally south in the marked channel to marker #1, thence on a heading of 210 degrees to marker #53 of the Intracoastal Waterway, thence generally west to marker 17 of the North Channel (Destin Pass), thence generally south out the marked channel (Destin Pass) to marker #3, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(gg) Pensacola Pass:

Shoreline Park Boat Ramp – Beginning at Shoreline Park boat ramp (Gulf Breeze), thence due south to the Intracoastal Waterway, thence generally west in the Intracoastal Waterway to marker #18, thence generally west in the marked channel to marker #13 at Pensacola Pass, thence generally south in the marked channel (Caucus Channel) to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.
“A” Street/“B” Street – Beginning at the Inner Harbor Channel, thence generally south in the West Channel to marker #25 in Bay Channel, thence generally south in the marked channel to marker #18, thence generally west in the marked channel to marker #13 at Pensacola Pass, thence generally south in the marked channel (Caucus Channel) to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(5) Allowable departures from vessel corridors designated under subsection (4): Vessels required to use the corridors established by this rule, must remain within the specified corridor at all times while carrying or transporting prohibited nets, but may operate outside the corridor for purposes of ingress or egress under the following circumstances:

(a) Vessels traveling to a designated corridor from a seafood dealer establishment at the time of departure on a fishing trip or upon return from a fishing trip to the seafood dealer establishment, for the purposes of selling lawful catches, when such seafood dealer is adjacent but not contiguous to the corridor.

(b) Vessels traveling to a designated corridor from a vessel launching or mooring site at the time of departure on a fishing trip or upon return from a fishing trip to the launching or mooring site, for the purposes of loading the vessel on a trailer or mooring the vessel, when such launching or mooring site is adjacent but not contiguous to the corridor.

(c) Vessels traveling between vessel corridors designated under subsection (4), and sites designated under this subsection shall proceed from one to the other in the most expeditious manner possible and shall utilize the most direct route available.

(6) Exceptions for Emergencies: Vessels required to use the corridors established by this rule, must remain within the specified corridor at all times while carrying or transporting prohibited nets.

(a) Deviations from the corridors established under this rule are permissible only upon affirmative showing by the operator of said vessel that one of the following bona fide emergency situations apply:

Cases involving bona fide medical emergencies,
Cases involving severe weather or sea conditions, where an alternate course must be followed when returning to shore, in order to avoid a bona fide and substantial risk to life, limb or property,
Cases involving significant threat from mechanical failure posing a bona fide and substantial risk to life, limb or property.

(b) Any vessel found outside the corridors established by this rule while carrying or transporting prohibited nets is in violation of the provisions of Section 379.2423(4), F.S. Any person seeking to avail himself of the emergency exceptions listed above as an affirmative defense has the burden to establish the existence of such an emergency by a preponderance of the evidence.

(7) Variance Provisions.

(a) The Commission recognizes that the strict application of the vessel corridors described in subsection (4), may lead to unreasonable, unfair, and unintended results in particular instances. The Commission will grant a variance to this rule when a person subject to this rule demonstrates that the purpose of the underlying statute will still be achieved and that the strict application of this rule will create a substantial hardship or would violate principles of fairness. For the purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance. For the purposes of this section, “principles of fairness” are violated when the literal application of the rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

(b) Upon reinstatement of saltwater license privileges suspended pursuant to Section 379.2424, F.S., or during the reinstatement period, or during the final 90 days of such suspension, an individual who is restricted to the corridors listed in subsection (4), may file a petition with the Director of the Division of Law Enforcement requesting a variance specifying an alternative corridor within which the individual may operate a vessel containing prohibited nets. In addition to any requirements mandated by uniform rules of the Administration Commission, each petition shall specify:

The corridor(s) in subsection (4), from which the variance is requested.
A description of the alternative corridor the petitioner is requesting.
The specific facts, including any limits or conditions the petitioner proposes for the variance, that would justify a variance for the petitioner.
The reason why the variance would serve the purposes of Section 379.2423, F.S.

(c) Petitions may be hand delivered or mailed to: Director, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399.

History

Rulemaking Authority Art. X, § 16, Florida Constitution, Art. IV, § 9, Florida Constitution Law Implemented Art. X, § 16, Florida Constitution, Art IV, § 9, Florida Constitution FS. History–New 3-13-97, Formerly 62R-21.001.

Chapter 68E-27 THE SEAFOOD QUALITY CONTROL CODE

Fla. Admin. Code R. 68E-27.001 Seafood Quality Control - Adoption and Enforcement of Sanitary Code

(1) It is the intent of the Commission pursuant to statutory authority, to establish regulations and specifications, to be known as the Seafood Quality Control Code, of sanitary practices relating to the catching, handling, packaging, preserving and storing of salt water products for sale for consumption as human food.

(2) The Commission recognizes that the seafood industry is a rapidly developing industry and as such is subject to change as technological data becomes available; accordingly, it is the desire of the Commission that the code be revised as necessary such that the code, technological data and industrial practices shall be consonant with good health practices.

(3) The enforcement of the provisions of this code by the Commission or its agents shall be coordinated with and be in conjunction with any and all other state and federal agencies exercising jurisdiction over the sanitary practices of the seafood industry.

History

Rulemaking Authority 379.407(1) FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.01, 16N-27.01, 16N-27.001, 62N-27.001.

Fla. Admin. Code R. 68E-27.002 Definitions

(1) “Product” – Any animal, plant or other material or part of an animal, plant or portion of other material any part of which was originally taken from the sea.

(2) “Primary producer” – A person, firm or corporation that uses a vessel to harvest products and who may only physically alter the product by eviscerating or deheading.

(3) “Secondary producer” – Is only that person, firm or corporation that receives products in his or its licensed secondary production plant from a primary producer. Producer is deemed to change from a primary to a secondary producer at such time as possession on the part of the secondary producer takes place.

Physical alteration of products by a secondary producer may be in the following manner only: deheading, skinning, scaling, eviscerating or removing cephalothorax.

(4) “Primary and secondary production plant” – Means any vessel used by a “primary producer” or building, used by a “secondary producer” in the production or storage of products.

(5) “Processor” – A person, firm or corporation that makes any of the following changes in any products originally derived from a primary or secondary producer.

(a) Chills products to such a temperature that the tissue and contained water of the products is solidified or frozen, except when such is done by a primary or secondary producer. This solidification will be deemed to have taken place whenever the temperature of the organism or part thereof has been reduced to less than 32º F. (0º C.).

(b) Adds internally or externally any chemical element, compound or compounds, including water to a product.

(c) Physically alters the product in any of the following ways: Dismembers, partitions, divides, grinds, slices, lacerates, presses, extends, debones (wholly or partially), segments, removes crusts, shells, coverings, hulls, chops, macerates, crushes, removes skeletal material, either external or internal. (The simple deheading, skinning, scaling, eviscerating or removing of cephalothorax of product shall not be deemed physical alteration unless packaged.)

(d) Packages in any container capable of use as human food.

(6) “Products processing plant” – Any commercial building or establishment in which products are processed or otherwise prepared and packaged for human consumption.

(7) “Food” – Means any articles used as food or drink for man or any component of such article.

(8) “Perishable food” – Any food of such type or in such condition as may spoil; provided, that foods which are in hermetically sealed containers processed by heat to prevent spoilage and properly packaged dehydrated, dry or powdered foods so low in moisture content as to preclude development of microorganisms shall not be considered to be readily perishable.

(9) “Potentially hazardous food” – Any perishable food which consists in whole or in part of products, or other ingredients capable of supporting rapid and progressive growth or infectious or toxigenic microorganisms.

(10) “Wholesome” – Products which are in sound condition, clean, free from adulteration, and otherwise suitable for human consumption.

(11) “Adulterated” – Products shall be deemed to be adulterated in accordance with provisions of Section 500.10, F.S.

(12) “Misbranded” – Products shall be deemed to be misbranded in accordance with provisions of Section 500.11, F.S.

(13) “Safe temperatures” – Temperatures of forty degrees Fahrenheit (40º F.) or below and one hundred-fifty degrees Fahrenheit (150º F.) or above as applied to potentially hazardous foods.

(14) “Sanitize” – the effective antiseptic treatment or clean surfaces of equipment and utensils by an approved process which reduces microorganism population, including pathogens, to an acceptable level.

(15) “Agriculture Commissioner” – Means the Commissioner of Agriculture of the State of Florida.

(16) “Commission” – Means the State of Florida Fish and Wildlife Conservation Commission.

(17) “Board of Health” – Means the Board of Health of the State of Florida.

History

Rulemaking Authority 379.2341(1) FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.02, 16N-27.02, 16N-27.002, 62N-27.002.

Fla. Admin. Code R. 68E-27.011 Enforcement

The enforcement of the provisions of this subsection of this rule shall be administered by the Commission or its agents and may be coordinated with and may be in conjunction with any and all other state and federal agencies exercising jurisdiction over the sanitary practices of the seafood industry covered herein.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.11, 16N-27.11, 16N-27.011, 62N-27.011.

Fla. Admin. Code R. 68E-27.012 Supplies and Protection

(1) Seafood received shall be clean, wholesome, free from spoilage and safe for human consumption.

(2) Seafood while being handled in a primary or secondary production plant shall be protected from dust, flies, rodents and other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, flooding by sewage, overhead leakage and all other sources of contamination.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.12, 16N-27.12, 16N-27.012, 62N-27.012.

Fla. Admin. Code R. 68E-27.013 Personnel, Health and Disease Control

No person while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or an acute respiratory infection shall work in any primary or secondary production plant in any capacity in which there is likelihood of such person contaminating seafood or seafood contact surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the primary or secondary producer has reason to suspect that an employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Commission immediately.

History

Rulemaking Authority 379.407(1) FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.13, 16N-27.13, 16N-27.013, 62N-27.013.

Fla. Admin. Code R. 68E-27.014 Equipment and Utensils

(1) Equipment and facilities provided – Every primary or secondary production plant shall be provided with equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of this subsection. The following equipment and facilities shall be provided where applicable to the operations conducted:

(a) Conveniently located refrigeration and freezer facilities of capacity adequate to maintain all potentially hazardous food at forty degrees Fahrenheit (40º F.) or below, except during necessary periods in the preparation of seafood. Where temperature requirements must be met, storage facilities shall be provided with controls which insure the maintenance of such temperatures. Each facility used for the storage of perishable seafood shall be provided with an indicating thermometer accurate to plus or minus two degrees Fahrenheit (± 2º F.), located in the warmest part of the facility and of such type and so situated that the temperature can be easily and readily observed.

(b) Conveniently located facilities with running water, waste disposal units or containers for the washing, trimming and similar preparation of seafoods.

(c) Cleaning facilities to keep all parts of the primary or secondary production plant and all seafood machinery, equipment and utensils in a clean and sanitary condition. This shall include suitable space and facilities for storing clean equipment, disposing of waste food residue, washing and sanitizing of seafood machinery, equipment and utensils and such other equipment as may be necessary for the effective, regular and periodic cleaning of the entire production plant.

(d) All surfaces which come in contact with the seafood or debris shall be readily accessible for cleaning and inspection.

(2) Cleanliness of equipment and utensils – Where machinery, equipment and utensils are used for potentially hazardous seafoods on a continuous basis, seafood contact surfaces of such equipment and utensils shall be cleaned and sanitized at scheduled intervals throughout the day as approved by the Commission. Non-seafood-contact surfaces of machinery and equipment shall be cleaned at such intervals as is necessary to keep them free of dust, dirt, seafood particles and otherwise in a clean and sanitary condition. After cleaning and until use, all seafood-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from manual contact, splash, dust, dirt, insects and other contaminants.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.14, 16N-27.14, 16N-27.014, 62N-27.014.

Fla. Admin. Code R. 68E-27.015 Sanitary Facilities and Controls

(1) Water supply – The water supply shall be adequate; of safe sanitary quality and from an approved source in accordance with provisions of the Sanitary Code of Florida, Chapter 64E-11, F.A.C. This provision, however, shall not apply to water used in washing and cleaning floors. Furthermore, crab and oyster houses are excepted from this provision. Running water under pressure shall be provided in all areas where seafood is handled and where equipment and utensils are washed.

(2) Sewage disposal – Sewage shall be disposed of in an approved manner.

(3) Plumbing – Plumbing shall be sized, installed and maintained in accordance with provisions of the Sanitary Code of Florida. It shall be sufficient to provide adequate quantities of water to required locations throughout the primary or secondary production area, prevent contamination of the water supply and properly convey sewage and liquid wastes from the production plant to the sewerage system and it shall not constitute a source of contamination of seafood, equipment or utensils or create an insanitary condition or nuisance.

(4) Toilet facilities – Each primary or secondary production plant shall be provided with adequate and conveniently located toilet facilities for its employees in accordance with provisions of the Sanitary Code of Florida. Fixtures shall be of readily cleanable sanitary design. Water closets shall be equipped with open-front type seats of smooth non-absorbent material. Toilet facilities shall be kept clean, in good repair and free from objectionable odors. Toilet rooms shall be well lighted and adequately ventilated. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials and such receptacles in toilet rooms for women shall be covered. Toilet rooms shall be completely enclosed and shall have tight-fitting self-closing doors. Such doors shall not be left open except during cleaning or maintenance. Toilet rooms shall not open directly into seafood production areas. Hand-washing signs shall be posted in each toilet room used by plant employees.

(5) Hand-washing facilities – Each primary or secondary production plant shall be provided with adequate, conveniently located lavatories equipped with hot and cold running water, hand cleaning soap or detergent and approved sanitary towels or other approved hand-drying devices in accordance with provisions of the Sanitary Code of Florida. Lavatories shall be located in or immediately adjacent to all toilet rooms and within all seafood production areas. Lavatories, soap dispensers, hand-drying devices and all other components of the hand-washing facilities shall be kept clean and in good repair. Hand-washing signs shall be posted at each lavatory station.

(6) Waste removal – Suitable containers, flumes, chutes, or conveyors shall be provided for prompt sanitary removal of waste materials from production areas of the primary or secondary production plant.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.15, 16N-27.15, 16N-27.015, 62N-27.015.

Fla. Admin. Code R. 68E-27.016 Other Facilities and Operations

(1) Primary or secondary production plants shall be designed and equipped to provide sufficient space for sanitary handling of seafood products and thorough cleaning of all plant components.

(2) Floors – The floor surfaces in seafood production, packing and storage rooms and all rooms and areas where equipment and utensils are washed shall be constructed of smooth concrete or other impervious material. Such floors shall be free of cracks, holes or uneven surfaces and shall be graded not less than one-quarter (1/4) inch to one (1) foot to effectively drain. Sufficient drains, gutters, gratings and sewers shall be provided to insure prompt and proper removal of waste liquids and water in accordance with provisions of the Sanitary Code of Florida, Chapter 64E-11, F.A.C. All floors shall be kept clean and in good repair.

(3) Packaging materials – All containers and other packaging materials or primary or secondary production, when necessary, shall be thoroughly washed prior to use by water under pressure.

(4) Living quarters – None of the operations connected with a primary or secondary production plant shall be conducted in any room used as living or sleeping quarters. There shall be no direct opening between living quarters and a primary or secondary production plant.

(5) Animals – No dogs, cats or other pets shall be permitted in primary or secondary production plants.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.16, 16N-27.16, 16N-27.016, 62N-27.016.

Fla. Admin. Code R. 68E-27.017 Inspection of Primary or Secondary Production Plants

(1) The Commission shall inspect all primary or secondary production plants as often as may be deemed necessary for enforcement of the provisions of this subsection for protection of the public health.

(2) Persons operating a primary or secondary production plant shall permit the Commission to examine records of the production plant to obtain pertinent information pertaining to food and supplies purchased, received or used, and employees.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.17, 16N-27.17, 16N-27.017, 62N-27.017.

Fla. Admin. Code R. 68E-27.018 Examination and Condemnation of Seafood

Seafood may be examined or sampled while in the possession of a primary or secondary producer for laboratory examination by the Commission as often as may be necessary to determine freedom from unwholesomeness, adulteration or misbranding. No seafood intended for human consumption shall be sold or offered for sale that is unsafe or in any way likely to injure the public health. It shall be the duty of the Commission to condemn and destroy or otherwise dispose of, in the discretion of the Commission, all such seafood, sold, offered for sale or stored by the primary or secondary producer, provided that where the said producer resists such action, legal procedures shall be taken against said producer for violation of this subsection and the seafood producer shall be subject to all legal procedures provided by law.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.18, 16N-27.18, 16N-27.018, 62N-27.018.

Fla. Admin. Code R. 68E-27.019 Procedure When Infection is Suspected

When the Commission has reasonable cause to suspect possibility of disease transmission from any primary or secondary production plant employee, the Commission shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated and take appropriate action. The Commission may require any or all of the following measures:

(1) Immediate exclusion of the employee from all primary and secondary productions plants.

(2) Immediate closure of the primary or secondary production plant concerned until, in the opinion of the Commission, no further danger of disease outbreak exists.

(3) Restriction of the employee’s services to some area of the plant where there would be no danger of transmitting disease.

(4) Adequate medical and laboratory examinations of the employee or other employees and of his and their body discharges.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.19, 16N-27.19, 16N-27.019, 62N-27.019.

Fla. Admin. Code R. 68E-27.0191 Production Plant Operation

(1) Washing shellstock – Shellstock shall be washed reasonably free of bottom sediments and detritus as soon after harvesting as practicable. The primary responsibility for washing rests with the harvester. Water used for shellstock washing shall be obtained from an approved growing area, or other sources approved by the Commission.

(2) Records – Complete and accurate dated records of purchase and sale of all shellfish shall be kept by shellfish production plants operating in the state. Records shall indicate from whom shellfish were sold. Records shall remain on file for a period of not less than thirty (30) days and made available for inspection by agents of the Commission upon request.

(3) Supervision of the shellfish production plant – The management shall designate a reliable individual accountable for compliance with provisions of this subsection having to do with production plant and personnel cleanliness.

(4) Packing and shipping shellstock – Shellstock shall be packed and shipped in clean containers under conditions which will prevent contamination and spoilage.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.191, 16N-27.191, 16N-27.0191, 62N-27.0191.

Fla. Admin. Code R. 68E-27.021 Transportation by Primary or Secondary Producers

(1) Seafood while being transported shall be in an enclosed conveyance with doors closed securely, or such products must be in covered containers or otherwise wrapped or packaged to insure protection from contamination. Potentially hazardous foods shall be kept at safe temperatures during all periods of transportation delivery.

(2) Insulated containers may be used for transportation of frozen seafood; provided, that the internal temperature of the frozen seafood at no time exceeds zero degrees Fahrenheit except during necessary periods of loading and unloading. It is recommended that such containers be precooled in the freezer.

(3) No person, firm or corporation shall ship, transport or receive any fresh headless shrimp, headless or filleted fish, fresh or cooked lobster tails, fresh or cooked stone crab claws or whole cooked lobster, iced or otherwise, unless such shipment be in new containers with necessary precautions taken for sanitation or in clean and sanitized containers constructed of smooth, nonporous fiberglass, plastic or stainless steel and such containers shall have sufficient holes at the bottom so as to allow drainage, or in containers with plastic bag liners of good durable quality of not less than two mil thickness, which liners shall have sufficient holes in the bottom so as to allow drainage. The liners will be used only once and must be of sufficient size as to allow them to be folded down along the outside of the container and then folded over the top of the container in order to protect the product from contamination.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.21, 16N-27.21, 16N-27.021, 62N-27.021.

Fla. Admin. Code R. 68E-27.022 Requirements for Boats Used for Harvesting or Transporting Seafood

(1) Boats used only for the harvesting or transporting of seafood shall be excluded from the requirements listed under Rules 68E-27.014, 68E-27.015, and 68E-27.016, F.A.C. but shall have facilities for protecting cargo from the sun and weather and from bilge and other contamination. All boats shall be provided with false bottoms and bulkheads fore and aft to prevent cargo from coming in contact with any bilge water, or other contaminants.

(2) Seafood holds, pen boards and shelf boards shall be smooth and constructed to facilitate proper cleaning.

(3) Seafood pens, pen boards and shelf boards shall be shelved where necessary to prevent crushing of the cargo.

(4) Seafood being transported shall be washed to remove excess blood, slime and viscera prior to stowing.

(5) While cargo is on a boat used for harvesting or transporting fresh seafood, finely divided ice or adequate refrigeration shall be used to preserve the quality of the seafood.

(6) Decks, holds, pen boards and shelf boards shall be thoroughly cleaned as soon as the cargo has been discharged, and shall be disinfected when necessary.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.22, 16N-27.22, 16N-27.022, 62N-27.022.

Fla. Admin. Code R. 68E-27.023 Inspection of Boats Engaged in Transporting Seafood in Primary or Secondary Production

The Commission or its agents shall have the authority, without warrant, to board, inspect and search any boat or vehicle engaged in transporting any primary or secondary seafood, as often as may be deemed necessary for enforcement of the provisions of this subsection and for protection of the public health.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.23, 16N-27.23, 16N-27.023, 62N-27.023.

Fla. Admin. Code R. 68E-27.024 Requirements for Boats Being Used as Licensed Seafood Dealers' Establishments

Boats being used as licensed seafood establishments or processing units shall meet the same criteria as that required of secondary producers or processing plants.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.24, 16N-27.24, 16N-27.024, 62N-27.024.

Fla. Admin. Code R. 68E-27.031 Penalties

Any person, firm or corporation violating the provisions of Chapter 68E-27, F.A.C., shall be punished as provided by law for violation of a rule of the Commission.

History

Rulemaking Authority 379.407 FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.31, 16N-27.31, 16N-27.031, 62N-27.031.

Division 68D Vessel Registration and Boating Safety

Chapter 68D-14 Anchoring

Fla. Admin. Code R. 68D-14.001 Scope and Purpose

The purpose of this rule chapter is to establish designated anchoring areas within Monroe County and the maximum allowable vessel draft for each area, as identified in each respective drawing, to help prevent grounding or stranding pursuant to section 327.4108, F.S.

History

Rulemaking Authority 327.04, 327.4108(3)(b) FS. Law Implemented 327.4108 FS. History–New 10-3-23.

Fla. Admin. Code R. 68D-14.002 Monroe County Designated Anchoring Limitation Areas

(1) The following anchoring limitation areas identified by boundary are designated within the waters of Monroe County: (a) Fleming Key Anchoring Limitation Area: All areas within an area of Man of War Harbor, west of Fleming Key, defined by beginning at a point designated as “A” at Latitude 24 degrees 35.1010 minutes North, Longitude 81 degrees 48.2400 minutes West; thence proceed in an easterly direction for a distance of 1,128 feet, more or less, joining the boundary of the naval restricted area around Fleming Key [as described in 33 C.F.R.§ 334.610(a)(4)] 100 yards, more or less, from the shoreline of Fleming Key at point “B” at Latitude 24 degrees 35.1050 minutes North, Longitude 81 degrees 48.0370 minutes West; thence easterly and southerly meandering along the boundary of the naval restricted area for a distance of 2,127 feet, more or less, to point “C” at Latitude 24 degrees 34.9809 minutes North, Longitude 81 degrees 47.9400 minutes West; thence southwesterly along the boundary of the naval restricted area for a distance of 1,025 feet, more or less, to point “D” at Latitude 24 degrees 34.9084 minutes North, Longitude 81 degrees 48.0945 minutes West; thence southerly along the boundary of the naval restricted area for a distance of 2,162 feet, more or less, to point “E” at Latitude 24 degrees 34.5619 minutes North, Longitude 81 degrees 48.1873 minutes West; thence southerly along the boundary of the naval restricted area for a distance of 715 feet, more or less, to point “F” at Latitude 24 degrees 34.4506 minutes North, Longitude 81 degrees, 48.1444 minutes West; thence southeasterly along the boundary of the naval restricted area for a distance of 900 feet, more or less, to point “G” at Latitude 24 degrees 34.3562 minutes North, Longitude 81 degrees 48.0192 minutes West; thence southwesterly along the boundary of the naval restricted area, for a distance of 800 feet, more or less, to point “H” at Latitude 24 degrees 34.2725 minutes North, Longitude 81 degrees 48.1304 minutes West; thence southeasterly along the boundary of the naval restricted area, for a distance of 1,210 feet, more or less, to point “I” at Latitude 24 degrees 34.1240 minutes North, Longitude 81 degrees 47.9840 minutes West; thence leaving the boundary of the naval restricted area in a northwesterly direction, for a distance of 1,327 feet, more or less, to point “J” at Latitude 24 degrees 34.2100 minutes North, Longitude 81 degrees 48.2050 minutes West; thence north for a distance of 5,407 feet, more or less, to the point of beginning at point “A”; enclosing an area of 100 acres, more or less, as depicted in Drawing a.

(b) Sigsbee Anchoring Limitation Area: All waters within an area of the Gulf of America, north of NAS Key West Sigsbee Park on Dredgers Key defined by beginning at a point designated as “A” at Latitude 24 degrees 35.322 minutes North, Longitude 81 degrees 46.342 minutes West; thence proceed in an easterly direction for a distance of 1,955 feet, more or less, to point “B” at Latitude 24 degrees 35.322 minutes North, Longitude 81 degrees 45.989 minutes West; thence southerly for a distance of 775 feet, more or less, to point “C” at Latitude 24 degrees 35.194 minutes North, Longitude 81 degrees 45.989 minutes West; thence westerly for a distance of 1,955 feet, more or less, to point “D” at Latitude 24 degrees 35.194 minutes North, Longitude 81 degrees 46.342 minutes West; thence northerly for a distance of 775 feet, more or less, to the point of beginning at point “A”; enclosing an area of 35 acres, more or less, as depicted in Drawing b.

(c) Garrison Bight Flats Anchoring Limitation Area: All waters within an area of Garrison Bight, southwest of NAS Key West Sigsbee Park on Dredgers Key defined by beginning at a point designated as “A” at Latitude 24 degrees 34.447 feet North, Longitude 81 degrees 47.167 feet West; thence proceed in a northeasterly direction for a distance of 1,815 feet, more or less, to point “B” at Latitude 24 degrees 34.665 feet North, Longitude 81 degrees 46.939 feet West; thence proceed in a southeasterly direction for a distance of 281 feet, more or less, to the shoreline of Dredgers Key, at point “C” at Latitude 24 degrees 34.653 feet North, Longitude 81 degrees 46.889 feet West; thence proceed in a southeasterly direction along the meanderings of the shoreline of Dredgers Key for 3,260 feet, more or less to point “D” at Latitude 24 degrees 34.392 feet North, Longitude 81degrees 46.527 feet West; thence southeasterly along the submerged property boundary of the U.S. Navy Sigsbee Causeway for 1,065 feet, more or less, to point “E” at Latitude 24 degrees 34.262 feet North, Longitude 81degrees 46.397 feet West; thence southwesterly, maintaining clearance offshore of submerged property extending from subdivisions north of Roosevelt Boulevard, for a distance of 3,456 feet, more or less to point “F” at Latitude 24 degrees 34.163 feet North, Longitude 81degrees 47.012 feet West; thence northwesterly for a distance of 1,915 feet, more or less, to the point of beginning at point “A”; enclosing an area of 135 acres, more or less, as depicted in Drawing c.

(d) Cow Key Channel Anchoring Limitation Areas (West and East): West -All waters within an area of Cow Key Channel, east of Key West and west of the Cow Key navigation channel defined by beginning at a point designated as “W-A” along the shoreline of South Roosevelt Boulevard, south of the private island identified by the Monroe County property appraiser’s office as parcel number 124000, at Latitude 24 degrees 33.751 minutes North, Longitude 81 degrees 44.970 minutes West; thence northeasterly in a straight line along the southern boundary of aforementioned private island, for a distance of 273 feet, more or less, stopping at the boundary of a submerged privately owned parcel identified as parcel number 124010 by the Monroe County property appraiser’s office, at point “WB” at Latitude 24 degrees 33.767 minutes North, Longitude 81degrees 44.924 minutes West; thence southeasterly along the western boundary of submerged parcel number 124010 for a distance of 793 feet more or less, to point “W-C” at Latitude 24 degrees 33.644 minutes North, Longitude 81 degrees 44.876 minutes West; thence easterly along the southern boundary submerged parcel number 124010, for a distance of 695 feet, more or less, to point “W-D” at Latitude 24 degrees 33.682 minutes North, Longitude 81 degrees 44.758 minutes West; thence southerly along a straight line west of the Cow Key navigation channel, for a distance of 1,960 feet, more or less, to point “W-E” at Latitude 24 degrees 33.364 minutes North, Longitude 81 degrees 44.695 minutes West; thence westerly for a distance of 1,028 feet, more or less, to point “W-F” at Latitude 24 degrees 33.320 minutes North, Longitude 81 degrees 44.874 minutes West; thence northerly meandering along the shoreline east of South Roosevelt Boulevard for a distance of 3,586 feet, more or less, to the point of beginning at point “W-A”; enclosing an area of 42 acres, more or less. Does not include the Cow Key Navigation Channel. East - All waters within an area of Cow Key Channel and the Atlantic Ocean, south of Cow Key and east of the Cow Key navigation channel defined by beginning at a point designated as “E-A” approximately 60 feet northeast of Cow Key navigation channel marker “6”, at Latitude 24 degrees 33.479 minutes North, Longitude 81 degrees 44.684 minutes West; thence northeasterly for a distance of 118 feet, more or less, to point “E-B” along the mangrove shoreline south of parcel number 123900 at Latitude 24 degrees 33.498 minutes North, Longitude 81 degrees 44.678 minutes West; thence easterly meandering along the southern shoreline of Cow Key, staying within state sovereign submerged lands, for a distance of 2,735 feet, more or less, to point “E-C” at Latitude 24 degrees 33.601 minutes North, Longitude 81 degrees 44.231 minutes West; thence leaving the shoreline and heading southerly for a distance of 697 feet more or less, maintaining clearance offshore and west of parcel number 123660, to point “E-D” at Latitude 24 degrees 33.486 minutes North, Longitude 81degrees 44.239 minutes West; thence westerly for a distance of 2,425 feet, more or less, to point “E-E” at Latitude 24 degrees 33.371 minutes North, Longitude 81 degrees 44.659 minutes West; thence northerly for a distance of 667 feet, more or less, along a straight line east of the Cow Key navigation channel to the point of beginning at point “E-A”; enclosing an area of 48 acres, more or less, as depicted in Drawing d.

(e) Niles Channel Anchoring Limitation Area: All waters within an area of Niles Channel, east of Summerland Key and south of the Overseas Highway defined by beginning at a point designated as “A” at Latitude 24 degrees 39.433 minutes North, Longitude 81 degrees 26.064 minutes West; thence proceed in an easterly direction, for a distance of 980 feet, more or less, to point “B” at Latitude 24 degrees 39.431 minutes North, Longitude 81 degrees 25.887 minutes West; thence proceed in a southerly direction for a distance of 1,600 feet, more or less, to point “C” at Latitude 24 degrees 39.163 minutes North, Longitude 81 degrees 25.893 minutes West; thence proceed in a westerly direction for a distance of 575 feet, more or less, to point “D” at Latitude 24 degrees 39.165 minutes North, Longitude 81 degrees 25.997 minutes West; thence proceed in a northerly direction for a distance of 1,670 feet, more or less, to the point of beginning at point “A”; enclosing an area of 29 acres, more or less, as depicted in Drawing e.

(f) Bahia Honda Channel Anchoring Limitation Area: All waters within an area of Bahia Honda Channel, a minimum of 500 feet west of Bahia Honda State Park and south of the Overseas Highway right of way defined by beginning at a point designated as “A” at Latitude 24 degrees 39.486 minutes North, Longitude 81 degrees 16.932 minutes West; thence proceed in an easterly direction for a distance of 710 feet, more or less, to point “B” at Latitude 24 degrees 39.506 minutes North, Longitude 81 degrees 16.806 minutes West; thence proceed in a southwesterly direction for a distance of 780 feet, more or less, to point “C” at Latitude 24 degrees 39.392 minutes North, Longitude 81 degrees 16.873 minutes West; thence proceed in a westerly direction for a distance of 340 feet, more or less, to point “D” at Latitude 24 degrees 39.393 minutes North, Longitude 81 degrees 16.935 minutes West; thence proceed in a northerly direction for a distance of 560 feet, more or less, to the point of beginning at point “A”; enclosing an area of 7 acres, more or less, as depicted in Drawing f.

(g) Boot Key Anchoring Limitation Area: All waters within an area of the Atlantic Ocean, west of Boot Key and south of the entrance to the Boot Key Harbor navigation channel and north of the entrance to the Boot Key navigation channel, defined by beginning at a point designated as “A” at Latitude 24 degrees 41.764 minutes North, Longitude 81 degrees 7.374 minutes West; thence proceed in a northeasterly direction for a distance of 1,300 feet, more or less, to point “B” at Latitude 24 degrees 41.859 minutes North, Longitude 81 degrees 7.162 minutes West; thence proceed in a southeasterly direction for a distance of 2,600 feet, more or less, to point “C” at Latitude 24 degrees 41.475 minutes North, Longitude 81 degrees 6.937 minutes West; thence proceed in a southwesterly direction for a distance of 1,300 feet, more or less, to point “D” at Latitude 24 degrees 41.379 minutes North, Longitude 81 degrees 7.149 minutes West; thence proceed in a northwesterly direction, for a distance of 2,600 feet, more or less, to the point of beginning at point “A”; enclosing an area of 80 aces, more or less, as depicted in Drawing g.

History

Rulemaking Authority 327.04, 327.4108(3)(b) FS. Law Implemented 327.4108, FS. History–New 10-3-23.

Fla. Admin. Code R. 68D-14.003 Maximum Vessel Draft for Monroe County Designated Anchoring Limitation Areas

(1) The following maximum vessel draft is established for each Monroe County Designated Anchoring Limitation Area

(a) The maximum vessel draft for Fleming Key Anchoring Limitation Area is 6 feet.

(b) The maximum vessel draft for Sigsbee Anchoring Limitation Area is 6 feet.

(d) The maximum vessel draft for Cow Key Channel Anchoring Limitation Area is 2 feet (West and East).

(e) The maximum vessel draft for Niles Channel Anchoring Limitation Area is 6 feet

(f) The maximum vessel draft for Bahia Honda Channel Anchoring Limitation Area is 6 feet.

(g) The maximum vessel draft for Boot Key Anchoring Limitation Area is 6 feet.

(2) It is the vessel operator’s responsibility to ensure that water depth within the anchoring limitation area is sufficient to allow anchoring of the vessel and to otherwise allow for the vessel to navigate into and out of the area without subjecting the vessel to grounding or stranding.

(3) Navigational charts useful as an aid to vessel operators may be found at https://www/nautical-charts.noaa.gov/charts/noaacustom-charts.html#.

History

Rulemaking Authority 327.04, 327.4108(3)(b), FS. Law Implemented 27,4108(3) FS. History–New 10-3-23.

Fla. Admin. Code R. 68D-14.004 Enforcement

(1) Vessels anchored on the waters of Monroe County within 10 linear nautical miles of a public mooring field or a designated anchoring area for more than 90 days without pulling anchor and relocating to a new location no less than one-half linear mile away or which are found to have re-anchored in an originating designated anchoring area after less than 90 days will be subject to citation and possible removal and vessel impoundment as set forth in subsection (6)(c), (d), (e), (f), and (g) of section 327.4108, F.S.

(2) Penalties for violations are as follows:

(a) First offense, up to a maximum of $100.

(b) Second offense, up to a maximum of $250.

History

Rulemaking Authority 327.04, 327.4108(3)(b)) FS. Law Implemented 327.4108, 327.73(1)(z), FS. History–New 10-3-23.

Chapter 68D-15 VESSELS AT RISK OF BECOMING DERELICT

Fla. Admin. Code R. 68D-15.002 Effective Means of Propulsion for Safe Navigation

(1) Definitions. As used herein, the term:

(a) “Barge” means a vessel that does not have living quarters, is not propelled by its own power, and is designed to be pushed or pulled by another vessel.

(b) “Safe navigation” means the ability of a vessel operator to make headway, properly steering the vessel on a predetermined course without substantial risk of injury or damage to other persons, vessels, or property solely from the vessel’s operation.

(2) Evaluation procedures.

(a) Once a law enforcement officer has reason to believe a vessel does not have an effective means of propulsion for safe navigation, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for repair, if the owner or operator is present on the vehicle, a law enforcement officer may require a test of the vessel’s effective means of propulsion for safe navigation, to be conducted immediately. If the owner or operator is not present on the vessel, the owner or operator must, in the presence of law enforcement, conduct the test for effective means of propulsion for safe navigation within 48 hours after the vessel owner or operator receives notice from a law enforcement officer. Proof of having ordered parts for repair may be provided to the officer before the date and time of the scheduled evaluation. No person shall be required to complete an evaluation under paragraph (b) when such person has been notified by a law enforcement officer that the vessel does not have an effective means of propulsion for safe navigation and has, within 48 hours of such notification, provided to the officer a receipt, proof of purchase, or other documentation of having ordered necessary parts for repairs to the vessel’s propulsion or steerage. When an owner or operator provides proof of having ordered the necessary parts for repair, he or she shall complete all necessary repairs to make the vessel’s propulsion or steerage functional within 30 days or shall remove the vessel from the waters of the state.

(b) Law enforcement shall use the following evaluations to determine whether a vessel has an effective means of propulsion for safe navigation as required by Section 327.4107(2)(e), F.S.:

For sailboats greater than 16 feet in length, the operator shall be required to:

a. Navigate the vessel to the anchor and either pull anchor or detach the anchor line from the vessel and place a buoy on the anchor line so that the anchor may be reattached after the evaluation is complete;

b. Make way using only wind power and the steering mechanism with which the vessel is equipped;

c. Navigate at least 100 yards in any direction of the operator’s choosing using only wind power and the steering mechanism with which the vessel is equipped;

d. Come about using only wind power and the steering mechanism with which the vessel is equipped;

e. Return to the starting point using only wind power and the steering mechanism with which the vessel is equipped; and

f. Complete all evaluation maneuvers in subparagraphs b. through e. within fifteen minutes.

g. The evaluating law enforcement officer shall keep time and shall begin timekeeping only after the operator has navigated to the anchor and pulled anchor or detached the anchor line from the vessel, as provided in subparagraph a.

For vessels, other than sailboats, greater than 16 feet in length, the operator shall be required to:

a. Engage the propulsion system or systems and either pull anchor or detach the anchor line from the vessel and place a buoy on the anchor line so that the anchor may be reattached after the evaluation is complete;

b. Make way;

c. Navigate to a location one quarter of a mile away (which location has been predetermined and marked or identified by the evaluating law enforcement officer);

d. Steer around a test buoy or other fixed point or turn around adjacent to the buoy or fixed point;

e. Return to the starting point; and

f. Complete all evaluation maneuvers in subparagraphs b. through e. within ten minutes, unless the vessel’s propulsion is solely human-powered, in which case the operator shall complete all evaluation maneuvers in subparagraphs b. through e. within 15 minutes.

g. The evaluating law enforcement officer shall keep time and shall begin timekeeping only after the operator has engaged the propulsion system and pulled anchor or detached the anchor line from the vessel, as provided in subparagraph a.

(c) Law enforcement officers shall not require completion of either of the evaluations in this subsection during small craft advisory conditions and shall not require completion of a sailboat evaluation when the prevailing wind conditions are less than 5 knots.

(d) Law enforcement officers shall place buoys or choose fixed locations for all evaluations such that the path navigated by the operator is unimpeded by any known or visible object or obstacle.

(e) Operators who choose to detach the anchor line from the vessel shall remove the buoy and reattach the anchor line to the vessel after completing the evaluation.

(3) Barges of all lengths and other vessels 16 feet or less in length are exempt from evaluation under this rule.

History

Rulemaking Authority 327.04, 327.4107(2)(e) FS. Law Implemented 327.4107(2)(e) FS. History–New 11-28-19, Amended 1-28-26.

Fla. Admin. Code R. 68D-15.003 Vessel Turn-In Program

(1) Pursuant to statutory authority granted to the Commission in Section 327.4107, F.S., the Commission hereby establishes the Vessel Turn-In Program (VTIP), as part of a derelict vessel prevention program. The VTIP program will be administered by the Commission to allow a vessel owner whose vessel has been determined by law enforcement to be at risk of becoming derelict, as provided in Section 327.4107, F.S., to turn his or her vessel title over to the Commission so the vessel can be destroyed and disposed of without penalty or cost to the owner. The VTIP program will be subject to appropriation and availability of funding.

(2) FWC Vessel Turn-In Program (VTIP) Guidelines (7/2022), which govern the VTIP program, are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14653. In order to be considered for eligibility to participate in the VTIP program, prospective participants must submit a Vessel-Turn In Program (VTIP) Application, form FWCDLE_192 (7/2022), which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14654, as well as a Vessel Turn-In Program Waiver and Release, form FWCDLE_193 (7/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14655. Once an applicant has been determined to be pre-eligible in accordance with the program guidelines, he or she will receive the Notice of Pre-Eligibility for VTIP Program and Instructions for Delivery of Junked Title, form FWCDLE_194 (7/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14656.

History

Rulemaking Authority 327.04, 327.4107(7) FS. Law Implemented 327.4107(7) FS. History–New 9-12-22.

Fla. Admin. Code R. 68D-15.004 Long-term Anchoring

The Commission shall issue via an electronic permitting system a no-cost permit for the long-term anchoring of a vessel within the waters of this state upon receiving an electronic application, available at https://myfwc.com/boating/lt-anchoring-permit/ that includes the following information:

(1) For the vessel owner or operator:

(a) Name.

(b) Mailing address.

(d) E-mail address.

(e) Birthdate.

(f) Driver license number, if applicable.

(2) For the vessel:

(a) Make.

(b) Model.

(d) Style.

(e) Hull identification number.

(f) Registration number or United States Coast Guard documentation, if applicable.

(g) Vessel name, if applicable.

(3) Location where the vessel will be anchored:

(a) Body of water.

(b) GPS coordinates.

History

Rulemaking Authority 327.04, 327.4111(9) FS. Law Implemented 327.4111 FS. History– New 5-11-26.

Chapter 68D-16 DERELICT VESSELS

Fla. Admin. Code R. 68D-16.029 Derelict Vessel Removal Grant Program

History

Specific Authority 206.606, 376.15 FS. Law Implemented 206.606, 376.15, 823.11 FS. History–New 11-11-85, Formerly 16N-16.29, Amended 5-20-86, Formerly 16N-16.029, 62N-16.029, Amended 7-6-08, Repealed 12-3-08.

Chapter 68D-17 VESSEL SAFETY

Fla. Admin. Code R. 68D-17.001 Vessel Safety Inspection Decal Design and Expiration

(1) Pursuant to paragraph 327.70(2), F.S., the Commission shall create a Florida Freedom Boater Decal to be issued by the Florida Department of Highway Safety and Motor Vehicles at the time of vessel registration or renewal. The decal shall be valid for five (5) years.

(2) Each decal shall adhere to the following criteria:

(a) Be a contrasting color from the previously issued decal; and

(b) Prominently display the words “Florida Freedom Boater”.

History

Rulemaking Authority 327.04, 327.70 FS. Law Implemented 327.70 FS. History–New 10-11-18, Amended 11-23-25.

Chapter 68D-18 FLORIDA INTRACOASTAL WATERWAY MARKERS

Fla. Admin. Code R. 68D-18.004 Special Purpose Marker Buoys

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.04, 16N-18.04, 16N-18.004, 62N-18.004, Repealed 11-11-10.

Fla. Admin. Code R. 68D-18.005 Restricted Areas

History

Rulemaking Authority 327.04, 327.40, 341.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.05, 16N-18.05, 16N-18.005, 62N-18.005, Repealed 11-11-10.

Chapter 68D-21 Approval of Local Ordinances Establishing Boating-Restricted Areas

Fla. Admin. Code R. 68D-21.001 Requirements for Applications

(1) Approval by the Florida Fish and Wildlife Conservation Commission is not required for ordinances adopted pursuant to Section 327.46(1)(b), F.S. Regulatory markers necessary for implementing those ordinances must be permitted as required in Sections 327.40 and 327.41, F.S., and as provided in Chapter 68D-23, F.A.C.

(2) Any municipality or county application for approval of an ordinance establishing a boating-restricted area pursuant to Section 327.46(1)(c), F.S., must be submitted to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section.

(3) Each application must include:

(a) The name of the applicant municipality or county.

(b) The name, mailing address, telephone number, and any email address or facsimile number of the applicant’s:

Primary contact person; and,
Attorney or qualified representative.

(c) A certified copy of the adopted ordinance for which approval is sought, including proof that the applicant has followed the required procedures for ordinance notice and adoption as set forth in Ch.166, F.S. A county or municipality may submit a draft ordinance for informal agency review and discussion prior to adoption.

(d) A statement identifying the provision within Section 327.46(1)(c), F.S., which authorizes regulation of vessel speed or operation being proposed by the ordinance.

(e) One or more scaled drawings no larger than 8 1/2 inches by 11 inches, reproducible in black and white on standard office photocopying equipment which clearly show the following:

The jurisdictional boundaries of the municipality or county enacting the ordinance and, for county ordinances, the jurisdictional boundaries of any municipality in which a boating-restricted area is located.
The exact boundaries of each boating-restricted area established by the ordinance and the restrictions on vessel operation imposed within each boating-restricted area.
Any other known boating-restricted area (federal, state, county, other municipality, etc.) located within 2,500 feet of any boating-restricted area established by the ordinance.

(f) Documentation that the ordinance was developed, prior to presenting language for adoption, in consultation and coordination with:

The governing body of every other county or municipality sharing jurisdiction over the area in which the boating-restricted area is located.
The United States Coast Guard if the boating-restricted area is to be established on navigable waters of the United States as defined in 33 C.F.R. §2.36(a) (2009), which is adopted by reference and is available at http://www.gpoaccess.gov/cfr/index.html.
The United States Army Corps of Engineers if the boating-restricted area is to be established on navigable waters of the United States as defined in 33 C.F.R. §329.4 (2009), which is adopted by reference and is available at http://www.gpoaccess.gov/cfr/index.html.

(g) Identification of the provision under section 327.46(1)(c)1. through 3., F.S. on which the county or municipality is seeking to establish the proposed boating restricted area.

(h) A summary of the facts and circumstances the applicant contends justifies the establishment of the restriction on speed or operation and a list of the evidence in support of that contention the applicant desires for the agency to review.

(i) An appendix containing all evidence listed in paragraph (h) above.

(4) Complete applications may be submitted by mail to the Fish and Wildlife Conservation Commission, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, FL 32399-1600, or by email as a Portable Document Format (.pdf) file to waterway.management@myfwc.com.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 10-6-10, Amended 11-10-21, 9-10-24.

Fla. Admin. Code R. 68D-21.002 Procedures for Reviewing Applications

(1) The Boating and Waterways Section shall notice the applicant within 30 days as to whether the application is complete or what information is needed to complete the application.

(2) The Boating and Waterways Section will review and act upon a complete application within 90 days of receipt as follows:

(a) The Boating and Waterways Section will determine whether each boating-restricted area created in the ordinance is authorized under Section 327.46(1)(c), F.S. As provided in subsection 68D-21.001(1), F.A.C., approval is not required for ordinances unless a boating-restricted area set forth therein is authorized under Section 327.46(1)(b), F.S. Where the ordinance includes boating restricted areas under both 327.46(1)(b) and (c) F.S., the Commission will only review those that are being created pursuant to subsection (c).

(b) The Boating and Waterways Section will determine whether the required consultation and coordination set forth in Rule 68D-21.001(3)(f) above has taken place.

(c) The Boating and Waterways Section will review the application and appendix submitted to determine whether competent, substantial evidence exists pursuant to the criteria set forth in Rule 68D-21.004, F.A.C.

(d) No ordinance establishing a boating restricted area will be approved for the purpose of noise abatement or for the protection of shoreline, shore-based structures, or upland property from vessel wake or shoreline wash. As provided in Section 327.33(2), F.S., “vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property.” The wake resulting from the reasonable and prudent operation of a vessel is a force which should be anticipated by the owners of property adjacent to the navigable waters of this state.

(3) The Boating and Waterways Section will issue a determination approving or denying the application. The Boating and Waterways Section will provide notice as provided in Rule 68D-21.003, F.A.C

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 10-6-10, Amended 9-10-24.

Fla. Admin. Code R. 68D-21.003 Procedures for Providing for Public Notice and Requesting Administrative Hearing

(1) Public Notice. The Boating and Waterways Section will provide notice of denial or approval of applications: on the Boating and Waterways Section’s web page at http://www.myfwc.com/boating. In addition, notice will be sent to all parties listed in the “Boating and Waterways Section’s Public Distribution List – Rules, Regulations, and Waterway Management Notifications.” Any member of the public may join the distribution list by submitting a request to waterway.management@myfwc.com.

(2) Anyone who wishes to challenge the Commission’s determination may do so by filing a petition for administrative hearing pursuant to chapter 120, Florida Statutes. Petitions must be received by the Commission within 21 days of posting of the determination approving or denying the application to the Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or by email to waterwaymanagement@mfwc.com.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 10-6-10, Amended 9-10-24.

Fla. Admin. Code R. 68D-21.004 Criteria for Approval of Ordinances

(1) Any ordinance submitted pursuant to Section 327.46(1)(c), F.S., and in compliance with Chapter 68D-21, F.A.C., is subject to review and approval by the Commission.

(2) An ordinance establishing either an “idle speed, no wake” or a “slow speed, minimum wake” boating restricted area will be approved for areas not more than 300 feet from a confluence (intersection) of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.

(a) A blind corner is presented where an intervening obstruction to visibility prevents the operator of a vessel on one of the water bodies from seeing a vessel on the other water body at a distance of 300 feet or less from the confluence.

(b) A bend or other intervening obstruction to visibility in a narrow channel, fairway, or other similar water body within the meaning of Inland Navigation Rule 9 (33 U.S.C. §2009) as adopted by Section 327.33, F.S., is presented where a decision sight distance of less than 300 feet exists and prevents the operator of a vessel from seeing other vessels or other users of the waterway.

(3) An ordinance establishing an “idle speed, no wake” or “slow speed, minimum wake” boating restricted area will be approved to close the gap with a “slow speed, minimum wake” zone where there are two or more existing or newly created boating restricted areas that are separated by 500’ or less, such that acceleration of vessels between the areas is unsafe or presents risk of collision.

(4) An ordinance establishing a “slow speed, minimum wake” boating-restricted area or numerical speed limit boating-restricted area if the area is:

(a) Subject to hazardous water levels or currents if:

The boating-restricted area established in the ordinance is active and enforceable only when the water levels are at or above flood stage on a river gauge operated or reported by the National Weather Service’s River Forecast Center (http://www.srh.noaa.gov/serfc/) or at the equivalent level on a river gauge operated or reported by the United States Geological Survey’s National Water Information System (http://waterdata.usgs.gov/fl/nwis/rt) and the specific gauge and flood stage water level is specified in the ordinance.
A navigation chart published by the National Oceanic and Atmospheric Administration’s National Ocean Service identifies the area as being subject to hazardous tides or currents.
Creditable data demonstrate that the area is subject to water levels or currents that endanger vessels operating in the area or the occupants of such vessels.

(b) Containing a documented navigational hazard of a nature that vessel operation in its vicinity at speed in excess of slow speed, minimum wake endangers the vessel or its occupants. Navigational hazards are presumed to exist within the marked boundaries of mooring fields as permitted by Section 327.40, F.S.

The traffic density including concentration of fishing vessels or any other vessels would require that vessels slacken speed under Inland Navigation Rule 6(a)(ii) (33 U.S.C. §2006) as adopted by Section 327.33, F.S., or
It presents a significant risk of collision or a significant threat to boating safety.
Unsafe levels of vessel traffic congestion, a significant risk of collision, or a significant threat to boating safety may be demonstrated by:

a. Accident reports – The following reports of boating accidents are acceptable if prepared contemporaneously with the boating accident being reported and if such reports reflect law enforcement’s determination that vessel traffic congestion or the speed, wake, or operation of a vessel involved in the accident was a primary contributing factor in the accident:

(I) Florida Boating Accident Investigation Report, form FWCDLE 146, (05/2024), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16821 and incorporated by reference herein; Florida Boating Accident Self Report, form FWCDLE 146C (05/2024), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16904 and incorporated by reference herein; or any United States Coast Guard forms related to recreational boating accident or marine casualty, injury or death.

(II) A law enforcement agency’s official offense or incident report prepared and signed by an officer authorized under Section 327.70, F.S., to enforce the provisions of Chapters 327 and 328, F.S.

(III) Medical records, including EMS and medical examiner reports, if they document death or injuries as a result of a boating accident and specify the nature and location of the boating accident;

b. Uniform boating citations issued on citation forms supplied by the Commission as provided in Section 327.74, F.S., or written warnings if the violation alleged in the citation or warning is related to the cited vessel’s speed, wake, or operation. Citations and written warnings unrelated to vessel speed, wake, or operation will not be considered, nor will verbal warnings. In no event will citations or written warnings issued for violations of Chapter 328, or Sections 327.50, 327.53, 327.54, 327.65, 327.66, F.S., be considered.

c. A vessel traffic study demonstrating that vessel traffic congestion or the speed, wake, or operation of vessels in the area create unsafe levels of vessel traffic congestion, a significant risk of collision, or a significant threat to boating safety. The conclusions of the study, as determined by the Boating and Waterways Section, must be based upon sufficient facts or data, be the product of reliable principles and methods, and apply the principles and methods reliably to the facts or data considered. In assessing the creditability of a vessel traffic study, the following factors (as applicable) shall be among those considered:

(I) Whether the study’s methodology can be or has been tested (i.e., whether the study’s methodology can be challenged in some objective sense, or whether it is instead simply a subjective, conclusory approach that cannot reasonably be assessed for reliability),

(II) Whether the study’s methodology has been subject to peer review and publication,

(III) The known or potential rate of error of the study’s methodology,

(IV) The existence and maintenance of standards and controls; and,

(V) Whether the methodology has been generally accepted in the scientific community.

Vessel traffic studies must identify the number of vessels transiting the proposed boating restricted area each hour for no less than six hours out of each twenty-four-hour period documented and provided to the Commission. When this minimum threshold is met, the area will be evaluated taking all other relevant factors into consideration, including width of the waterway, vessel types using the waterway, navigational hazards, and other conditions specific to the proposed boating restricted area.

d. Other creditable data. For the purposes of this subparagraph, “other creditable data” means facts or data that are of a type reasonably relied upon by experts in the fields of boating safety, maritime safety, navigation safety, ports and waterways safety assessments, or vessel traffic management, as contemplated in Section 90.704, F.S.

When relying upon vessel traffic studies for reviews under this rule, video surveillance made during a vessel traffic study may be submitted with a corresponding log documenting number of vessels, vessel types, examples of careless or reckless operation of vessels, navigation rule violations, actions taken to avoid collisions, unsafe vessel speeds, near misses of navigational hazards by vessels, or any other specific criteria the applicant wants considered, along with relevant video time stamps for each item. Without such a corresponding log documenting the specific identified issues, video surveillance will not be considered. Video surveillance which has been altered or edited will not be considered.

(d) An area that could have been established as an idle speed, no wake boating-restricted area under Section 327.46(1)(b)1., F.S., provided the applicant demonstrates by competent substantial evidence how the specific regulation will adequately solve public safety concerns in the area.

(5) An ordinance establishing a vessel exclusion zone (an area from which all vessels or certain classes of vessels are excluded) will be approved if the area is reserved exclusively:

(a) As a canoe trail or otherwise limits vessel propulsion if the applicant demonstrates by competent substantial evidence how the restriction is necessary to protect public safety pursuant to Section 327.46, F.S. if imposition of the restriction will not unreasonably or unnecessarily endanger navigation or interfere with the use of a navigation channel that is lawfully marked with lateral aids to navigation.

(b) For a particular specified activity (e.g.: sailing instruction, marine research, water skiing, personal watercraft use, sailboard use, etc.) if the applicant demonstrates by competent substantial evidence how certain classes of vessels (including all vessels if appropriate under the prevailing circumstances) endanger or are likely to endanger those participating in the specified activity and that exclusion of the specified vessels is necessary to adequately protect the safety of those participating in the specified activity.

History

Rulemaking Authority 327.04, 327.302, 327.46 FS. Law Implemented 327.302, 327.46 FS. History–New 10-6-10, Amended 6-24-21, 9-10-24.

Fla. Admin. Code R. 68D-21.005 Seasonal or Year-Round Boating Restricted Areas

(1) The Commission will approve an ordinance creating a year-round boating restricted area when the documentation provided reflects competent substantial evidence that such a restriction is necessary to protect public safety throughout the entire year. When vessel traffic studies alone are relied upon to apply for a year-round boating restricted area, the studies must document the area for a minimum of four consecutive, non-holiday (those days not identified as “holidays” in Rule 68D-23.103, F.A.C.) days, for each season (spring, summer, fall, and winter).

(2) The Commission will approve an ordinance creating a seasonal boating restricted area when the documentation provided reflects competent substantial evidence that such a restriction is necessary to protect public safety throughout the requested season. When vessel traffic studies alone are relied upon to apply for a seasonal boating restricted area, the studies must document the area for a minimum of four consecutive, non-holiday days (those days not identified as “holidays” in Rule 68D-23.103, F.A.C.), for each season sought to be regulated. For purposes of this chapter, a seasonal boating restricted area shall mean a boating restricted area in force and effect for any time period less than a complete calendar year.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 9-10-24.

Chapter 68D-23 UNIFORM WATERWAY MARKERS IN FLORIDA WATERS

Fla. Admin. Code R. 68D-23.003 Placement of Regulatory Markers in Waters of the State

History

Rulemaking Authority 327.40 FS. Law Implemented 327.40 FS. History–New 10-21-80, Formerly 16N-23.03, 16N-23.003, 62N-23.003, Repealed 12-23.01.

Fla. Admin. Code R. 68D-23.101 Intent

(1) This chapter is consistent with and conforms to 33 C.F.R. part 62 – The navigable waters of the United States and non-navigable State waters (which together include all waters of this state), are marked to assist navigation using the United States Aids to Navigation System, a system consistent with the International Association of Lighthouse Authorities (IALA) Maritime Buoyage System. The IALA Maritime Buoyage System is followed by most of the world’s maritime nations and will improve maritime safety by encouraging conformity with buoyage systems used worldwide.

(2) It is the intent of this chapter:

(a) To provide for uniformity in design, construction and coloring of markers so that all vessel operators may readily recognize, identify and distinguish between authorized markers and unlawfully placed markers;

(b) To provide a means by which the Fish and Wildlife Conservation Commission and its officers and all other law enforcement officers charged with the enforcement of this chapter may determine with reasonable certainty which boating restricted areas are lawfully established and marked;

(c) To insure that regulatory markers noticing boating restricted areas created pursuant to Sections 327.46 and 379.2431, F.S., are authorized only for the purposes of protecting human life and limb, vessel traffic safety and maritime property, and manatees.

(3) It is further the intent of this chapter that no boating restricted area be established, continued in effect, or enforced for the purpose of noise abatement or for the protection of shoreline, shore-based structures, or upland property from vessel wake or shoreline wash. As provided in Section 327.33(2), F.S., “vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property.” The wake resulting from the reasonable and prudent operation of a vessel is a force which should be anticipated by the owners of property adjacent to the navigable waters of this state.

(4) The Fish and Wildlife Conservation Commission will not issue any permit authorizing the placement of regulatory markers implementing municipal or county ordinances that:

(a) Are in violation of Section 327.60, F.S.;

(b) Establish boating-restricted areas pursuant to Section 327.46(1)(c), F.S., until such ordinances have been reviewed and approved by the Boating and Waterways Section in accordance with Chapter 68D-21, F.A.C.;

(c) Regulate vessel speed or operation for manatee protection purposes pursuant to Section 379.2431(2)(p), F.S., until such ordinances have been reviewed and approved by the commission, coordinated through the Imperiled Species Management Section, and provided that such ordinances do not apply within the marked navigation channel of the Florida Intracoastal Waterway nor to the waters within 100 feet of said channel.

(5) Where conflicting speed or operational restrictions are established by law or pursuant to law, the more restrictive shall be posted and shall apply.

(6) Regulatory markers placed and maintained pursuant to a permit issued as provided herein shall be prima facie evidence of the boundaries of boating-restricted areas and the speed or operational restrictions imposed therein.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41, 379.2431 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10.

Fla. Admin. Code R. 68D-23.102 Scope

The provisions of this chapter prescribe the procedures by which the Division of Law Enforcement’s Boating and Waterways Section permits and regulates the placement of markers in, on, and over the waters of this state and the shores thereof. This chapter also provides for the design, characteristics and coloring, construction, placement, and maintenance of all markers placed in, on, and over the waters of this state and the shores thereof by adopting by reference the United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations, and the United States Coast Guard’s manuals pertaining to aids to navigation and other waterway markers.

History

Rulemaking Authority 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS. History–New 12-23-01, Amended 10-6-10.

Fla. Admin. Code R. 68D-23.103 Definitions

For purposes of this chapter and Chapters 68C-22 and 68D-24, F.A.C., the following definitions shall apply:

(1) Types of markers:

(a) “Aid to navigation” means a device external to a vessel intended to assist an operator in determining position or safe course, or to warn of dangers or obstructions to navigation.

(b) “Information marker” means a device external to a vessel intended to provide an operator with information concerning matters other than dangers or obstructions to navigation, or regulatory matters.

(c) “Danger marker” means a device external to the vessel intended to provide an operator with information concerning dangers or obstructions to navigation such as shoals, shallows, rocks, submerged pipes or cables, dams, or low clearance obstructions above the water such as power lines, trestles, or bridges.

(d) “Regulatory marker” means a device used to alert an operator to various regulatory matters such as horsepower, speed, wake, anchorages, or entry restrictions.

(e) “Special mark” means a marker not primarily intended to assist safe navigation, but to indicate special areas or features referred to in charts or other nautical publications. They may be used, for example, to mark mooring fields, park boundaries, cable or pipeline areas, marine events, etc. Special marks are colored solid yellow.

(f) “Mooring buoy” means a device that is permanently secured to the bottom of a body of water and to which a vessel may be secured when not underway.

(g) “Buoy” means a device designed to float which is anchored in the waters of the state and which is used to convey a message, carry a sign, or support a mooring pennant.

(h) “Sign” means a device which displays a message and is attached to another object such as a piling, buoy, structure, or shore.

(i) “Symbol” means the orange geometric shape displayed on a danger, information, or regulatory marker. The meanings associated with the orange geometric shapes are as follows:

A vertical open-faced diamond signifies danger,
A vertical diamond shape having a cross centered within indicates that all vessels or certain classes of vessels are excluded from the marked area,
A circular shape indicates that certain operating restrictions are in effect within the marked area; and,
A square or rectangular shape will contain directions or instructions lettered within the shape.

(j) “Display area” means the area on a danger, information or regulatory marker within which the symbol is displayed.

(k) “Piling” means a device constructed of sufficient sturdiness (such as concrete, steel, wood, or composite material) embedded in the sea floor or shoreline for the purpose of displaying and/or supporting a sign.

(2) General definitions:

(a) “Boating-restricted area” means an area of the waters of the state within which the operation of vessels is subject to specified restrictions or from which vessels are excluded.

(b) “Shore” means that area of land immediately adjacent or contiguous to the waters of the state such that a sign or marker erected thereon is readily visible to the operator of a vessel who might reasonably believe that the sign or marker displays navigational, regulatory or other information relevant to the operation of the vessel.

All waters within the right-of-way of the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway Route 1 across Lake Okeechobee and Route 2 along the southern perimeter of the lake, from Port Mayaca to Clewiston; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal Waterway, Carrabelle to Tampa Bay; the Gulf Intracoastal Waterway, Carrabelle to Anclote open bay section (using the Gulf of America); and the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line west of Pensacola; and,
All waters from shoreline to shoreline within the Okeechobee Waterway, Stuart to Fort Myers, not including Route 1 across Lake Okeechobee and Route 2 along the southern perimeter of the lake, from Port Mayaca to Clewiston; the St. Johns River, Jacksonville to Sanford; and, the Apalachicola, Chattahoochee, and Flint Rivers in Florida.

(d) “Uniform State Waterway Marking System” means the system of aids to navigation, information markers, regulatory markers, and mooring buoys, as specified in Part 66 of Title 33 of the Code of Federal Regulations.

(e) “United States Aids to Navigation System” means the system of aids to navigation, information markers, regulatory markers, and mooring buoys, as specified in Part 62 of Title 33 of the Code of Federal Regulations.

(f) “Private Aid to Navigation” means an aid to navigation the establishment of which is authorized by a permit issued by the United States Coast Guard pursuant to Part 66 of Title 33 of the Code of Federal Regulations.

(g) “Maritime property” means vessels and their engines, tackle, gear, equipment, appurtenances, furnishings, cargoes, stores, personal property then on board belonging to the vessels’ occupants, and such other similar property as is consistent with the general maritime law of the United States. This definition does not include littoral or riparian property, the shores thereof, seawalls, docks, wharfs, or other property intentionally and permanently attached to the shore.

(h) “Inland lake” means a naturally occurring or man-made fresh water lake or pond. The term does not include reservoirs, impoundments, or any portion of the Florida Intracoastal Waterway.

(i) “Associated canal” means a man-made canal that is directly attached to an inland lake and that does not connect to other waters or that connects only to another inland lake. The term does not include any portion of a state or federally funded navigation project or any portion of the Florida Intracoastal Waterway.

(j) “In writing” means any written or printed form of communication and includes electronic mail, files transferred as attachments to electronic mail, and telefacsimiles.

(3) When used on markers, the terms:

(a) “Idle Speed No Wake” and “Idle Speed” may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

(b) “Slow Speed” and “Slow Speed Minimum Wake” may be used interchangeably and mean that a vessel must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. A vessel that is:

Operating on plane is not proceeding at this speed,
In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at this speed,
Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels or other persons using the waterway, or is likely to do so, is not proceeding at this speed,
Completely off plane and which has fully settled into the water and is proceeding at a reasonable and prudent speed with little or no wake is proceeding at this speed.

“Slow Speed” and “Slow Speed Minimum Wake” are the preferred terms. “Slow Down Minimum Wake” markers may continue to be used for restricted areas authorized prior to January 1, 2001, except when such a restricted area is contiguous to an Idle Speed No Wake boating restricted area.

(c) “Caution zone” means an area presenting a significant risk of navigational hazard, an area frequently inhabited by manatees on a somewhat regular basis, or other area similarly requiring that vessels be operated with particular alertness and caution so as to avoid endangering life, limb, vessel traffic safety or maritime property, or manatees.

(d) “No Power-driven Vessels” – All vessels equipped with any mechanical means of propulsion must turn off the mechanical means of propulsion and, if possible to do so, tilt or raise the mechanical means of propulsion out of the water. The use of any motor, including an electric motor, is prohibited.

(e) “No Internal Combustion Motors” or “No Motor Zone” – All vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water. The use of electric motors is not prohibited.

(f) “Vessel-exclusion zone” means an area from which all vessels or certain classes of vessels are excluded. The following list includes the most common examples of vessel-exclusion zones. Whenever the following messages are displayed on vessel-exclusion zone markers, they have the meaning provided. Other messages on vessel-exclusion zone markers are permissible, so long as the markers display language that accurately describes the vessels or classes of vessels that are excluded from the area. All vessel-exclusion zones must be marked with the crossed-diamond symbol as specified in subparagraph (1)(i)2., above.

“No Vessels” or “Swim Area” – All vessels of any type are prohibited from entering the marked area.
“No Motorized Vessels” or “No Motorboats” or “Motorboats Prohibited” – All vessels equipped with any mechanical means of propulsion are prohibited from entering the marked area, even if the mechanical means of propulsion is not in use.
“Manually Propelled Vessels Only” – All vessels other than those propelled by oars, paddles, or poles are prohibited from entering the marked area. Vessels equipped with sails or a mechanical means of propulsion may enter the marked area only if the sails or mechanical means of propulsion is not in use and, if possible to do so, the mechanical means of propulsion is tilted or raised out of the water.
“No Entry Area” – All vessels and all persons, either in vessels or swimming, diving, or wading, are prohibited from entering the marked area.

(g) “Miles per hour” and “MPH” mean speed made good over the bottom measured in statutes miles. A specific number will be posted in conjunction with “miles per hour” or “MPH” and is the maximum speed at which a vessel may lawfully be operated within the marked area. Although it is the intention of the Commission to allow those vessels capable of attaining a planing configuration at posted numerical speed limit to do so, this posted speed limit shall not be construed as permitting the reckless or careless operation of a vessel, in violation of Section 327.33, F.S., or authorizing any vessel to travel at an unsafe speed, in violation of navigation rule 6 as adopted pursuant to Section 327.33, F.S., by reason of:

Having an elevated bow which restricts visibility, or
Producing an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels, other persons using the waterway, or natural resources of the state.

(h) “Wake,” only when used in conjunction with a numerical size limit, means all changes in the vertical height of the water’s surface caused by the passage of a vessel including, but not limited to, a vessel’s bow wave, stern wake, and propeller wash, measured from the ambient tide level to the crest of the vessel’s wake at a distance of not less than 25 feet from the vessel.

(i) “Holiday” means:

New Year’s Day.
Birthday of Martin Luther King, Jr., the third Monday in January.
Memorial Day.
Independence Day, the Fourth of July.
Labor Day.
Columbus Day.
Veterans’ Day, November 11.
Thanksgiving Day.
Friday after Thanksgiving.
Christmas Day.

If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

(4) The Boating and Waterways Section will authorize the use of other terminology on regulatory markers if the message is clear, unambiguous, and accurately describes a lawfully imposed restriction.

History

Rulemaking Authority 327.04, 327.40, 327.41, 327.46, 379.2431 FS. Law Implemented 327.40, 327.41, 327.46, 379.2431 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10, 7-16-24.

Fla. Admin. Code R. 68D-23.104 Permits Required; Application for Permits

(1) Except as provided in subsection 68D-23.112(4), F.A.C., no person, municipality, county or other governmental entity shall place, cause to be placed, or maintain in place any marker in, on or over the waters of the state or the shores thereof without a permit from the Boating and Waterways Section.

(2) Any person, municipality, county, or other governmental entity desiring to place a marker shall apply to the Boating and Waterways Section for a Florida Uniform Waterway Marker permit through the Fish and Wildlife Conservation Commission Online Permit System (FOPS). A link to this system can be found on the Commission website at: https://myfwc.com/boating/waterway/markers/. A document encompassing the content of the application, titled “Florida Uniform Waterway Marker Permit Application Transcript” (Form FWCDLE 153A (11/2025)), which is hereby incorporated by reference, is available to be viewed at http://flrules.org/Gateway/reference.asp?No=Ref-19610. Each application must include:

(a) One or more scale drawings no larger than 8 1/2 inches by 11 inches, reproducible on standard office photocopying equipment, showing the intended locations for the placement of all proposed markers with each proposed marker labeled to correspond to the list required in paragraph (b), below.

If the application is for regulatory markers, the drawing must also depict the exact boundaries of the area within which regulation or restriction is to be in effect.
If the application is for the following markers the drawing must also depict:

a. The location of the danger, hazard to navigation, or obstruction if the application is for a danger marker, isolated danger mark, or inland waters obstruction mark.

b. Water depths within and adjacent to the area being marked if the application is for lateral marks, preferred channel marks, or safe water marks.

c. The location and boundaries of the anchorage, mooring field, park, cable or pipeline area, marine event, or other special area or feature for which the markers are proposed if the application is for special marks.

d. Any information needed to identify and support the proposed information marker.

If the application is for mooring buoys of any type, the drawing must also depict the watch circle and water depth for each mooring and any channels or fairways within 500 feet of the proposed mooring buoys.

(b) A list of the markers proposed, labeled to correspond to the drawing(s) required above.

A description giving the type, size, shape, color, material, height above mean high water for each marker sign or buoy, and the number, letter or message displayed thereon,
A description of the type, size, and material used for:

a. Any structure which will support a marker sign,

b. Any anchor, anchoring system, chain, tether, rode, or other ground tackle which will secure a marker buoy, including a mooring buoy, to the bottom,

A statement of the color, characteristic, height above mean high water, intensity, and nominal range of any light which will be placed on the markers,
A statement of the type signal (whistle, horn, bell, etc.) and characteristic for any audible signal.
The latitude and longitude of the location where each marker will be placed, expressed in decimal degrees and referenced to the WGS-84 datum.

(d) A statement of the purpose for placing the proposed markers.

If the application is for regulatory markers, this statement must include the purpose for regulating or restricting vessel speed or operation in sufficient detail to permit the Boating and Waterways Section to ascertain whether there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of the regulation or restriction on vessel speed or operation.
If the application is for a danger marker, isolated danger mark, or inland obstruction mark, this statement must include a description of the danger, hazard to navigation, or obstruction in sufficient detail to permit the Boating and Waterways Section to ascertain whether there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of the danger, hazard to navigation, or obstruction.
If the application is for lateral marks, preferred channel marks, or safe water marks, this statement must include a description of the channel, fairway, or other area of safe water in sufficient detail to permit the Boating and Waterways Section to ascertain whether there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of channel, preferred channel, fairway, or safe water area.
If the application is for special marks, this statement must include a description of the anchorage, mooring field, park, cable or pipeline area, marine event, or other special area or feature for which the markers are proposed in sufficient detail to permit the Boating and Waterways Section to ascertain whether there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of the area’s or feature’s nature, location, and boundaries.
If the application is for mooring buoys, this statement must include the following:

a. A statement of the type, maximum overall length, and maximum draft of vessels that will be allowed to moor at each buoy.

b. An estimate of the average daily weekday traffic and average daily weekend and holiday traffic that will be arriving or departing the proposed moorings.

c. A description of any navigation channels or fairways within 500 feet of the proposed mooring buoys and a description of nature and volume of vessel traffic within such channels or fairways.

d. A description of any upland amenities that will be provided to vessels moored at the proposed mooring buoys.

e. A list of any rules, regulations, requirements, or prohibitions that will be imposed on vessels moored at the proposed mooring buoys.

f. A statement of whether the area in which the mooring buoys are proposed to be located has been designated by the United States Coast Guard as a special anchorage area (i.e., vessels moored there will not need to display anchor lights), or whether the applicant intends to seek such a designation.

g. A statement of whether the mooring buoys will be managed together as a mooring field and, if so, whether the applicant intends to seek the adoption of an ordinance prohibiting anchoring within the marked boundaries of the mooring field. This information must be provided in sufficient detail to permit the Boating and Waterways Section to ascertain whether the placement of mooring buoys and the mooring of vessels at the proposed locations may be safely accomplished and whether the mooring of vessels at the proposed locations will unreasonably or unnecessarily constitute a navigational hazard or otherwise obstruct, impede, or interfere with the navigation of other vessels.

(e) A list of the names or titles of the individuals responsible for the placement and maintenance of the markers along with an address and a contact telephone number for each individual.

(f) If the application is for regulatory markers, the applicant must include proof of the lawful imposition of a regulation or restriction on the speed or operation of vessels for which the regulatory markers are proposed, as follows:

For regulatory markers to implement boating-restricted areas established by a municipal or county ordinance:

a. A copy of an ordinance adopted pursuant to Section 327.46(1)(b), F.S., which imposes the restriction for reasons of vessel traffic safety or public safety, or

b. A copy of an ordinance approved by the commission pursuant to Section 327.46(1)(c), F.S., or

c. A copy of an ordinance approved by the commission pursuant to Section 379.2431(2)(p), F.S., such approval shall be coordinated through the commission’s Imperiled Species Management Section.

For all other regulatory markers, a copy of the statute, special act, rule, regulation, order, or other instrument which imposes the regulation or restriction and a statement of the specific authority under which the restriction is imposed.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10, 7-16-24, 7-21-26.

Fla. Admin. Code R. 68D-23.105 Criteria for Approval of Markers

(1) Upon receipt of a completed application, the Boating and Waterways Section will determine:

(a) For all markers, whether or not:

The proposed markers conform to the United States Aids to Navigation System and this chapter.
The proposed markers, if placed in the proposed locations, would create an unreasonable hazard to navigation.

(b) For regulatory markers only, determine whether or not:

The markers as proposed would clearly mark the location in which the regulation or restriction is in effect and adequately notice mariners of the regulation or restriction imposed on vessel speed or operation.
The regulation or restriction to be implemented by the proposed markers and the message to be displayed thereon are supported by statute, special act, rule, ordinance, or other enactment or order.

(c) For danger markers, isolated danger marks, or inland obstruction marks only, whether or not the danger, hazard to navigation, or obstruction actually exists and, if so, whether or not there are a proper number of markers proposed to be installed in proper locations so that mariners are given adequate notice of the danger, hazard to navigation, or obstruction.

(d) For lateral marks, preferred channel marks, or safe water marks only, whether or not there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of channel, preferred channel, fairway, or safe water area.

(e) For mooring buoys only, whether the placement of mooring buoys and the mooring of vessel at the proposed locations may be safely accomplished and whether the mooring of vessels at the proposed locations will unreasonably or unnecessarily constitute a navigational hazard or otherwise obstruct, impede, or interfere with the navigation of other vessels.

(f) For special marks only, whether or not there are a proper number of markers proposed to be installed in proper locations so that the boating public is given adequate notice of the area’s or feature’s nature, location, and boundaries.

(2) The Boating and Waterways Section is authorized to consult, coordinate, or cooperate with any other governmental entity having concurrent jurisdiction over the waters for which the permit is applied.

History

Rulemaking Authority 327.40, 327.41 FS. Law Implemented 327.40, 327.41, 379.2431 FS. History–New 12-23-01, Amended 10-6-10.

Fla. Admin. Code R. 68D-23.106 Marker Placement Requirements

(1) All persons placing or maintaining in place any markers must comply with the following requirements:

(a) Placement of these markers must be exactly as requested in the application. Any deviation will require that the permittee apply to have the permit amended.

(b) The permittee must display the permit number (except as provided below) on each marker and the ordinance number, code section number, statute number, regulation or rule number (etc.) on each regulatory marker. These numbers must be displayed in black, block characters approximately one inch in height.

On all regulatory markers, the permit number must be displayed in the lower left corner on the face of each regulatory marker. The ordinance number, code section number, statute number, regulation or rule number (etc.) must be displayed in the lower right corner on the face of each regulatory marker.
On all markers other than regulatory markers, the permit number must be displayed in the lower left corner on the face of each marker.
Information markers placed by counties, municipalities, or other governmental entities on inland lakes and their associated canals are exempt from permitting under this rule. Such markers, if not permitted, must display in lieu of a permit number, the name of the county, municipality, or other governmental entity that placed the marker.

(c) Upon completion of the installation of markers, the permittee must notify the Boating and Waterways Section in writing within 30 days. If the latitude and longitude of each marker, as installed, is different from that listed in the application, this notification must include the correct latitude and longitude in decimal degrees as referenced to the WGS-84-datum along with a request for the permit to be amended.

(d) All markers must be maintained in proper condition at all times. A discrepancy exists whenever a marker is not exactly as described in the approved application or is destroyed, damaged, moved, or is otherwise unserviceable or not watching properly. The permittee must immediately report any discrepancy in the marker to the Boating and Waterways Section by telephone, by sending an email to waterway.management@myfwc.com, or by other similarly rapid means of communication. The permittee must correct any discrepancy within 30 calendar days and must notify the Boating and Waterways Section when the correction is accomplished.

(e) A permit for the placement of a marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other federal, state or local laws or regulations.

(f) All permits issued pursuant to this chapter are contingent upon the consent of and, if necessary, the issuance of appropriate permits by the United States Army Corps of Engineers authorizing the placement of structures for the support of the proposed markers. Consent may be by nationwide permit, regional permit, letter permit, authorization letter, statement of no objection, or other similar means.

(g) All permits issued pursuant to this chapter are contingent upon the consent of and, if necessary, the issuance of appropriate permits by the United States Coast Guard authorizing the establishment of private aids to navigation pursuant to Part 66 of Title 33 of the Code of Federal Regulations.

(h) It is unlawful to place markers, buoys, or signs on submerged lands, or other property or structure not owned by the person or governmental entity placing them without first receiving the written consent of the owner of the submerged lands, other property, or structure to the placement of said markers, buoys, or signs. For markers, buoys, or signs placed pursuant to a permit issued under this rule, the permit is contingent upon the permittee providing a copy of such consent to the Boating and Waterways Section.

(i) By accepting any permit and placing the markers authorized therein, the permittee, to the extent authorized by law, agrees and promises to hold harmless the State of Florida and its agencies, employees, agents, or successors from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance, operation and removal of any and all markers placed by the permittee pursuant to such permit. The permittee further agrees to indemnify the State of Florida for any and all legal fees and costs incurred in defense of any suit brought against the State as a result of alleged negligence by the permittee in the placement, maintenance, operation or removal of the markers.

(2) Additional requirements for regulatory markers.

(a) All regulatory markers must be supported by a statute, special act, rule, regulation, ordinance, order, or other similar regulatory instrument which imposes the restriction displayed on the marker.

(b) If the regulatory instrument supporting a regulatory marker is amended or if it is repealed, rescinded, revoked, or otherwise becomes a nullity, the permit holder must within 30 days notify the Boating and Waterways Section of the change and must also:

In the case of an amendment to the regulatory instrument, file an amended permit application showing the markers that will be removed, replaced, modified, or added in order to implement the amendment to the regulatory instrument.
In the case of the repeal, rescission, revocation, or other nullification of the regulatory instrument, remove from the waters of this state and the shores thereof all regulatory markers implementing that regulatory instrument.

(c) Applicants for permits to place regulatory markers or the governmental entities establishing the rules, ordinances, or other actions imposing the regulations must provide for the enforcement of regulations or operating restrictions noticed by said markers. The issuance of a permit authorizing the placement of regulatory markers does not obligate the Fish and Wildlife Conservation Commission or its officers to enforce the regulations or operating restrictions noticed by said markers.

(3) After obtaining the requested permit, the permittee must install, inspect, maintain, and remove the permitted marker at its own expense and as directed by the Boating and Waterways Section.

(4) Discontinuance and removal. Any permitted waterway marker may be discontinued and removed by the permittee owner after 30 days notice to the Boating and Waterways Section. Upon completion of the removal of the marker, the permittee must notify the Boating and Waterways Section in writing within 30 days.

(5) The division and its officers and all other law enforcement officers charged with the enforcement of Chapter 327, F.S., have the authority to remove or cause the removal of any marker found in violation of the requirements imposed under this section or conditions imposed in the permit authorizing the placement of the marker if the violation is not corrected within 30 days following notification of the permittee of the violation.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41, 327.70 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10, 7-16-24, 7-21-26.

Fla. Admin. Code R. 68D-23.107 Federal System Adopted

(1) The following are adopted and incorporated by reference:

(a) The United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations (April 1, 2010);

(b) The United States Coast Guard Aids to Navigation Manual – Administration (COMDTINST M16500.7A, March 2, 2005);

(d) The United States Coast Guard Aids to Navigation Manual – Structures (COMDTINST M16500.25, November 7, 2005).

(2) All markers, including mooring buoys, placed or maintained in, on or over the waters of the state or the shores thereof must conform to the United States Aids to Navigation System.

(a) Any marker in, on or over the waters of the state or the shores thereof that does not conform to the United States Aids to Navigation System and all provisions of this chapter, must be brought into conformity or be removed from the waters or shores of the state.

(b) No person, municipality, county, or other governmental entity shall place, maintain, or permit to remain in, on or over the waters of the state or shores thereof any nonconforming marker.

(c) All nonconforming markers in place in, on or over the waters of the state or shores thereof are declared a nuisance. The division and its officers and all other law enforcement officers charged with the enforcement of Chapter 327, F.S., have the authority to remove or cause the removal of any such nonconforming marker.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10.

Fla. Admin. Code R. 68D-23.108 Specifications for Markers

(1) A marker placed in, on or over the waters of the state or shores thereof may be displayed as a buoy bearing letters, numbers or a symbol on its surface, or as a sign mounted on a buoy, piling or other structure, or as a sign on the shore.

(2) Buoyed signs and markers must extend not less than 36 inches above the surface of the water. A sign suspended above the water must have a minimum of 25 feet clearance from the mean high water mark to the bottom of the sign.

(3) A buoy whose sole purpose is to carry a sign above it shall be marked with three horizontal bands of international orange alternating with two horizontal bands of white, each band placed completely around the circumference of the buoy and occupying approximately one-fifth of the total area of the buoy’s surface above the waterline. All markers shall be made of materials which will retain, despite exposure to weather and other elements, their color, shape, legibility and position.

(4) All letters on green or black backgrounds shall be white. All letters and numerals on red or white backgrounds shall be black, except that white retroreflective letters and numerals may be used on a red background. All letters and numerals shall be of block characters of good proportion, spaced in a manner which will provide maximum legibility and of a size proportionate to the size of the marker.

(5) Retroreflective materials must be used for all displays on markers that are required to be international orange and as otherwise required in the United States Coast Guard Aids to Navigation Manual – Technical (COMDTINST M16500.3A). The white background dayboard film material for all information, danger, exclusion, and regulatory signs installed or replaced after July 1, 2006, shall be retroreflective. Retroreflective materials may be used for any other portion of a marker.

(6) Every pile used in waters of this state to support signs for waterway marking purposes must have two bands of white tape placed around it. The bands of tape must be placed separately around each pile for dolphins, clusters, and other structures using multiple piles for support. The tape must be six inches wide and made of self-adhesive (pressure sensitive), diamond-grade, white, retroreflective material. The top of the first band must be placed six inches from the bottom of the sign; the top of the second band must be placed eight inches from the bottom of the first band. The tape must be installed with a minimum overlap of one inch over the entire six-inch width of the band. On wooden piles, the tape must be additionally secured using not less than four stainless steel, one inch staples driven through the area of the overlap. If the tape becomes delaminated, cracked, checked, weathered, or abraded so as to have a dull or roughened surface, it must be replaced. Any existing tape must be removed before applying the replacement tape.

(7) All buoys other than mooring buoys must be attached to the water body bottom using anchors, sinkers, chains, shackles, swivels, and bridles that meet or exceed the specifications in the United States Coast Guard Aids to Navigation Manual – Technical (COMDTINST M16500.3A).

(8) Mooring buoys are white cylindrical or spherical with a blue band located near the top of the buoy. All mooring buoys must be attached to the water body bottom using anchors, chains, shackles, and swivels, and must be equipped with pennants that are of sufficient size, strength, and holding power for their intended purpose. Anchors or anchoring systems for mooring buoys must be embed in the water body bottom. The use of a sinker (a weight, usually metal or concrete, that rests on the bottom without embedding) to anchor a mooring buoy is prohibited.

History

Rulemaking Authority 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10.

Fla. Admin. Code R. 68D-23.109 Additional Specifications for Information, Danger, and Regulatory Markers

(1) All information, danger, and regulatory markers shall be white in color and shall display international orange symbols.

(2) When a buoy is used as an information, danger, or regulatory marker, it shall be white with horizontal bands of international orange placed completely around the circumference of the buoy. One band shall be at the top of the buoy body, the second band shall be placed sufficiently just above the waterline so that both international orange bands are clearly visible to approaching vessels. The international orange bands shall be not less than two inches in width. The display area shall be that portion of the buoy body between the bands and shall be white. Symbols shall be centered between the international orange bands. Only a cylindrical buoy may be used. The buoy shall have a diameter of not less than nine inches.

(3) When a sign is used for an information, danger, or regulatory marker it must be white with an international orange border. The display area is that portion of the sign within the border. Symbols must be centered within the display area for danger and regulatory markers. When a sign is used for information markers, the international orange border shall serve as the symbol and no additional symbol shall be displayed. The size of the sign must be appropriate to the size of the waterway where the sign is located and the nature of the vessels transiting the waterway, however, no such sign shall be smaller than three feet by three feet.

(a) Information or regulatory marker signs shall be rectangular or square. Florida Fish and Wildlife Conservation Commission will review and approve applications, on a case-by-case basis, which request smaller informational signs if evidence is submitted demonstrating why a smaller sign is needed and/or is more appropriate due to the size of the waterway, sign location, and/or the nature of the vessels transiting the waterway. Applications may be obtained as set forth in Rule 68D-23.104, F.A.C.

(b) Danger marker signs shall be rectangular, square, or diamond-shaped (a square sign rotated 45 degrees so that one corner is pointed straight down). If a diamond-shaped sign is used, the international orange border shall serve as the vertical open-faced diamond symbol and no additional symbol shall be displayed.

(4) Specifications for Display of Symbols.

(a) The thickness of the international orange line used to draw the borders and the symbols shall be not less than 2 inches.

(b) The height of the symbol shall be at least half and not more than two-thirds the height of the display area.

(c) The sides of the diamond shape shall slope at a thirty to forty-five degree angle from the vertical on a plane surface. Appropriate adjustments for curvature shall be made when applied to a cylindrical surface.

(d) In addition to the permit number required to be displayed under subsection 68D-23.106(1), F.A.C., every regulatory marker shall display the number of the statute, special act, rule, ordinance, or other governmental action that created the boating restricted area or other operating restriction, and the name of the municipality, county or other governmental agency which placed and maintains the marker. This number and name shall be displayed in characters not less than one inch in height and shall be placed in the lower right hand corner of the display area on each sign, and at any location on each buoy where it can easily be read, provided that it shall not interfere with the message of the marker.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10, 7-16-24.

Fla. Admin. Code R. 68D-23.110 Inspections and Certification

(1) Each person holding a permit to place and maintain one or more markers must inspect all markers for which the permit was issued triennially (every three years).

(2) The required inspection must be documented in writing and must include the following:

(a) The name of the permit holder and permit number of the markers being inspected;

(b) The name of the person or persons currently responsible for the placement and maintenance of the markers; and,

(c) A photograph of each marker taken in close enough proximity to legibly show all symbols, borders, and letters and numbers, including the text of any message, the permit number, and the ordinance number, code section number, statute number, regulation or rule number, (etc.). For marker installations with two or more signs, a sufficient number of photographs must be taken to legibly show the information on each sign. Digital photography is acceptable for this purpose. Photographs must be labeled with the location of the marker depicted and the date the photograph was taken.

(d) A statement certifying that the markers placed pursuant to the permit have been inspected during the ninety days preceding the statement and that:

The markers are properly maintained and in serviceable condition,
The markers conform to the requirements of this chapter,
The markers are still properly on station; and,
The date or dates on which the markers were inspected.

(3) The permit holder must maintain the inspection documentation until it is replaced by a subsequent inspection and documentation. The inspection documentation must be available for inspection by any law enforcement officer during the permittee’s normal business hours. Failure to inspect a marker and to maintain documentation of the results of the inspection during the specified time period is grounds for rescinding the permit authorizing placement of the marker and for removing or ordering the removal of the marker.

(4) Dayboard and buoy surfaces and dayboard backing materials will deteriorate because of the effects of weathering. Wind, rain, freezing temperatures, and sunlight cause delamination (separation), cracking, peeling, and fading. Attention must be given to these conditions during inspections.

(a) Markers will be considered discrepant under the following guidelines:

Backing materials. Delamination of the plies on a plywood dayboard backing must not effect more than 25 percent of the surface area. Any warpage must not visibly detract from the signal or message presented to the mariner. The backing must not be softened or otherwise deteriorated around the mounting points to a degree that the board could come loose in a storm typical for the area in which the marker is placed.
Elastomeric films, numerals, letters, symbols, and borders. Delamination of films and retroreflective markings on dayboards and buoys must not affect more than 10 percent of the surface of the material. Films and retroreflective markings must not be cracked, checked, weathered, or abraded so as to have a dull or roughened surface. Peeling of the film or markings from the dayboard or buoy must not affect more than 10 percent of the surface area. Letters, numerals, symbols, and borders must not be faded or weathered so as to visibly detract from the signal or message presented to the mariner.

(b) A dayboard or buoy must be replaced if any of the deteriorations noted above is observed or, if for any reason, it cannot function as intended (including significant fading or other discoloration) until the next regularly scheduled inspection. Onsite repairs are permitted if they do not interfere with or detract from the intended signal function of the marker.

(5) Within 5 business days following the completion of the triennial inspection, the permittee must notify the Boating and Waterways Section that the inspection has been performed and whether or not any markers were determined to be discrepant. All discrepancies documented during an inspection must be reported to the Boating and Waterways Section and corrected within 30 days, as provided in paragraph 68D-23.106(1)(d), F.A.C.

History

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41, 379.2431 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10.

Fla. Admin. Code R. 68D-23.111 Enforcement

This chapter shall be enforced by the division and its officers, the sheriffs of the various counties and their deputies, municipal police officers, and any other law enforcement officer as defined in Section 943.10, F.S., as provided in Section 327.70, F.S., all of whom shall have the authority to remove or cause the removal of any marker found to be in violation of this chapter.

History

Rulemaking Authority 327.40, 327.41 FS. Law Implemented 327.22, 327.40, 327.41, 327.46, 327.60, 327.70, 379.2431 FS. History–New 12-23-01, Amended 10-6-10.

Fla. Admin. Code R. 68D-23.112 Exemptions

(1) Nothing herein shall apply to the United States Government or its agencies, nor to any aid to navigation, marker, mooring buoy, or other similar device placed thereby.

(2) Persons establishing private aids to navigation other than regulatory markers and mooring buoys on waters of concurrent state/federal jurisdiction pursuant to the provisions of 33 CFR §66.01 may submit to the Boating and Waterways Section a copy of their United States Coast Guard permit (CG-2554) in lieu of the materials required under Rule 68D-23.104, F.A.C. Upon receipt by this section of said copy of their permit, such private aids to navigation are exempt from further permitting and need not display a permit number.

(3) Every regulatory marker without a properly displayed permit number, in place in, on or over the waters of the state or shores thereof is declared a nuisance. The division and its officers and all other law enforcement officers charged with the enforcement of Chapter 327, F.S., have the authority to remove or cause the removal of any unpermitted regulatory marker. Markers authorized by the former Florida Department of Natural Resources prior to January 1, 1988, for which no permit number was assigned shall be issued a permit number upon receipt by the Boating and Waterways Section of the following:

(a) A copy of the correspondence authorizing placement of said markers;

(b) A statement of the specifications for the markers, including:

A list of the markers,
A description giving each marker’s size and message,
The latitude and longitude coordinates in decimal degrees of the location of each marker and the datum in which those coordinates are expressed,
A statement that the markers have been inspected during the ninety days preceding the instant request and that:

a. The markers are properly maintained and in serviceable condition,

b. The markers conform to the requirements of this chapter,

c. The markers are still properly on station; and,

d. The date or dates on which the markers were inspected.

(4) Counties, municipalities and other government entities are exempt from permitting under this chapter only when placing information markers on inland lakes and their associated canals. However, nothing herein shall prevent counties, municipalities or other governmental entities from choosing to voluntarily apply for waterway marker permits for such information markers.

(5) The restrictions displayed on regulatory markers shall not apply:

(a) In the case of an emergency;

(b) To law enforcement patrol vessels or firefighting vessels, or

History

Rulemaking Authority 327.04, 327.40, 327.41, 327.71 FS. Law Implemented 327.40, 327.41, 327.46, 327.71, 379.2431 FS. History–New 12-23-01, Amended 10-5-06, 10-6-10, 7-21-26.

Chapter 68D-24 BOATING RESTRICTED AREAS

Fla. Admin. Code R. 68D-24.002 Definitions

When used in these rules, the following words shall have the indicated meanings unless the context clearly indicates otherwise:

(1) Slow Speed Minimum Wake and Slow Down Minimum Wake indicate a boating restricted area which has been established to protect the safety of the public. Slow Speed Minimum Wake and Slow Down Minimum Wake means that a vessel must be fully off plane and completely settled into the water. It may not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is:

(a) Operating on a plane is not proceeding at slow speed minimum wake;

(b) In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed minimum wake;

(c) Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels is not proceeding at slow speed minimum wake;

(d) Completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed minimum wake. Slow speed minimum wake is the preferred term. Slow Down Minimum Wake may continue to be used except when such a restricted area is contiguous to an Idle Speed No Wake boating restricted area.

(2) Idle Speed No Wake indicates a boating restricted area which has been established to protect the safety of the public. Idle Speed No Wake means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

(3) “Miles per hour” means speed made good over the bottom measured in statutes miles.

(4) “Wake” means all changes in the vertical height of the water’s surface caused by the passage of a vessel including, but not limited to, a vessel’s bow wave, stern wake, and propeller wash.

(5) “Holiday” means:

(a) New Year’s Day.

(b) Birthday of Martin Luther King, Jr., the third Monday in January.

(d) Independence Day, the Fourth of July.

(e) Labor Day.

(f) Columbus Day.

(g) Veterans’ Day, November 11.

(h) Thanksgiving Day.

(i) Friday after Thanksgiving.

(j) Christmas Day.

(k) If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

History

Rulemaking Authority 327.04, 327.46, 370.021 FS. Law Implemented 327.46 FS., Chapter 86-364, Chapter 89-428, Laws of Florida. History–New 8-30-83, Formerly 16N-24.02, Amended 6-14-93, Formerly 16N-24.002, Amended 9-28-98, Formerly 62N-24.002.

Fla. Admin. Code R. 68D-24.003 Criteria for Establishing Boating Restricted Areas

(1) Appropriate boating restricted areas are established for the purpose of regulating the speed and operation of vessel traffic for the safety of the public.

(2) Such boating restricted areas shall be marked in accordance with Chapter 68D-23, F.A.C., Florida Intracoastal Waterway Markers.

(3) Boating restricted areas established by the Commission will be the least restrictive necessary to maintain public safety, and may be year-round, seasonal, or limited to holidays and weekends. Boating Restricted Areas established by the Commission will be either “Idle Speed, No Wake or Slow Speed, Minimum Wake.”

(4) When the Commission is determining whether a boating restricted area is necessary to protect public safety under the statutory criteria of boating accidents, visibility, hazardous water levels or currents, vessel traffic congestion, and/or other navigational hazard, the following data, as applicable, will be considered.

(a) Visibility:

A blind corner is presented where an intervening obstruction to visibility prevents the operator of a vessel on one of the water bodies from seeing a vessel on the other water body at a distance of 300 feet or less from the confluence.
A bend, intersection, or other intervening obstruction to visibility in a narrow channel, fairway, or other similar water body within the meaning of Inland Navigation Rule 9 (33 U.S.C. §2009) as adopted by Section 327.33, F.S., is presented where a decision sight distance of less than 300 feet exists and prevents the operator of a vessel from seeing other vessels or other users of the waterway.

(b) Hazardous Water Levels or Currents:

A boating-restricted area may be established only when the water levels are at or above flood stage on a river gauge operated or reported by the National Weather Service’s River Forecast Center (http://www.srh.noaa.gov/serfc/) or at the equivalent level on a river gauge operated or reported by the United States Geological Survey’s National Water Information System (http://waterdata.usgs.gov/fl/nwis/rt) and the specific gauge and flood stage water level is specified in the rule.
A navigation chart published by the National Oceanic and Atmospheric Administration’s National Ocean Service identifies the area as being subject to hazardous tides or currents.
Competent substantial data demonstrates that the area is subject to water levels or currents that endanger vessels operating in the area or the occupants of such vessels.

For the purposes of this section, Hazard to Navigation is as defined in 33 CFR 64.06, and means an obstruction, usually sunken, that presents sufficient danger to navigation so as to require expeditious, affirmative action such as marking, removal, or redefinition of a designated waterway to provide for navigational safety.

(d) Vessel Traffic Congestion:

Traffic density, including concentration of fishing vessels or any other vessels, requires that vessels slacken speed under Inland Navigation Rule 6(a)(ii) (33 U.S.C. §2006) as adopted by Section 327.33, F.S. or
The traffic density establishes a significant risk of collision or a significant threat to boating safety.
Unsafe levels of vessel traffic density or congestion for purposes of this subsection shall be considered based upon one or more of the following:

a. Accident reports – The following reports of boating accidents will be considered if prepared contemporaneously with the boating accident being reported and if such reports establish that vessel traffic congestion or the speed, wake, or operation of a vessel involved in the accident was a primary contributing factor in the accident:

(I). Florida Boating Accident Investigation Reports, FWCDLE form146 or Florida Boating Accident Self Reports, FWCDLE form146C both of which are incorporated by reference in Rule 68D-21.004(7), F.A.C. and may be obtained from Boating and Waterways Section, 620 South Meridian Street, Tallahassee, FL 32399-1600; or any official United States Coast Guard report form pertaining to boating accidents or casualty

b. Multiple Uniform Boating Citations issued on citation forms supplied by the Commission as provided in Section 327.74, F.S., or written warnings if the violation alleged in the citation or warning is related to the cited vessel’s speed, wake, or operation. Citations and written warnings unrelated to vessel speed, wake, or operation will not be considered, nor will verbal warnings. In no event will citations or written warnings issued for violations of Chapter 328, or Sections 327.50, 327.53, 327.54, 327.65, 327.66, F.S., be considered.

c. Vessel traffic studies substantially demonstrating that vessel traffic congestion or the speed, wake, or operation of vessels in the area create unsafe levels of vessel traffic congestion, a significant risk of collision, or a significant threat to boating safety. The Commission will accept and review vessel traffic studies under this rule. Video surveillance made during a vessel traffic study shall include a corresponding log documenting the number of vessels, vessel types, examples of careless or reckless operation of vessels, navigation rule violations, actions taken to avoid collisions, unsafe vessel speeds, near misses of navigational hazards by vessels, or any other specific criteria the applicant wants considered, along with relevant video time stamps for each item.

(I). When vessel traffic studies alone are relied upon to establish a boating restricted area, the Commission shall rely on documentation of vessel traffic within the area for a minimum of fourteen (14) consecutive days.

(II). Vessel traffic studies will not be considered unless they identify the number of vessels transiting the proposed boating restricted area each hour for no less than six hours out of each twenty-four-hour period documented and identify the area of the study by longitude and latitude. When this minimum threshold is met, the Commission will evaluate the area taking all other relevant factors into consideration, including width of the waterway, vessel types using the waterway, navigational hazards, and will also consider evidence provided demonstrating the existence of conditions specific to the proposed boating restricted area impacting vessel traffic or vessel operations.

(III). In assessing the creditability of a vessel traffic study, the following factors (as applicable) shall be among those considered:

(A). Whether the study’s methodology can be or has been tested (i.e., whether the study’s methodology can be challenged in some objective sense, or whether it is instead simply a subjective, conclusory approach that cannot reasonably be assessed for reliability);

(B). Whether the study’s methodology has been subject to peer review and publication;

(C). The known or potential rate of error of the study’s methodology;

(D). The existence and maintenance of standards and controls; and,

(E). Whether the methodology has been generally accepted in the scientific community.

(5) The drawings provided in this chapter are intended to provide information to assist the boat operator in locating the boating restricted areas depicted. The drawings are not to scale and should not be used for navigation purposes. The text of these rules is controlling and dispositive of the exact location of the boundaries of each boating restricted area.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 8-30-83, Formerly 16N-24.03, Amended 6-14-93, Formerly 16N-24.003, 62N-24.003, Amended 6-12-00, 3-16-06, 2-22-24.

Fla. Admin. Code R. 68D-24.0035 Protection Zones for Springs

(1) The Commission may establish a springs protection zone restricting speed and operation or that prohibits or modifies the allowable means of anchoring, mooring, beaching, or grounding of vessels within a first, second, or third magnitude spring or spring group, and associated spring runs as set forth in Section 327.45, F.S.

(2) Evidence of the need for spring protection or to prevent harm may include vessel carrying capacity studies, vessel traffic studies, vegetation or water quality studies, or any facts or data that are of a type reasonably relied upon by scientists, environmental professionals, boating professionals or engineers.

(3) Any person may provide evidence to the Commission for use in the evaluation of a spring, spring group, or spring run under subsection (1).

(4) Springs protection zones shall be no larger than necessary to protect or prevent specified harms to springs, spring runs, and spring groups.

(5) Following the Commission’s adoption of a springs protection zone by rule, the zone will be enforceable once the Commission posts uniform waterway markers notifying the public of the regulations applicable in the zone.

History

Rulemaking Authority 327.04, 327.45 FS. Law Implemented 327.45 FS. History–New 2-7-22, Amended 1-20-26.

Fla. Admin. Code R. 68D-24.0036 Nichols Spring Protection Zone

For the purpose of protecting and preventing harm to Nichols Spring in Sumter County, the following springs protection zone is established: An area within which anchoring, mooring, beaching, and grounding are prohibited, as delineated by a line where the spring run at Nichols Spring meets the Withlacoochee River, extending from Point “A” (82 degrees 12.17974 minutes west/28 degrees 50.37195 minutes north) on the western shoreline of the spring run to Point “B” (82 degrees 12.16974 minutes west/28 degrees 50.36911 minutes north) on the eastern shoreline of the spring run, as depicted in Drawing A.

History

Rulemaking Authority 327.04, 327.45 FS. Law Implemented 327.45 FS. History–New 1-30-23.

Fla. Admin. Code R. 68D-24.0037 Weeki Wachee Springs Protection Zone

For the purpose of protecting and preventing harm to Weeki Wachee Springs in Hernando County, the following springs protection zone within which anchoring, mooring, beaching, and grounding of vessels are prohibited is established as follows: within an area of Weeki Wachee Springs and the associated spring run known as the Weeki Wachee River, from a point where the Hernando County Roger’s Park boat ramp canal meets the spring run, designated as “A” at Latitude 28 degrees 31 minutes 54.3 seconds North, Longitude 82 degrees 37 minutes 35.1 seconds West; thence proceed in an easterly direction, following the meander of the spring run, upstream, from shoreline to shoreline, for a distance of 5.61 miles, more or less, to a point within Weeki Wachee Springs State Park, at the farthest upstream location of the main spring boil, designated as “B” at Latitude 28 degrees 31 minutes 1.9 seconds North, Longitude 82 degrees 34 minutes 24.4 seconds West, and as depicted in Drawing A.

History

Rulemaking Authority 327.04, 327.45 FS. Law Implemented 327.45 FS. History–New 10-10-23.

Fla. Admin. Code R. 68D-24.004 Private Submerged Land Seagrass Protection Boating Restricted Areas

(1) Owners of private submerged lands that are adjacent to Outstanding Florida Waters, as defined in Section 403.061, F.S., or an aquatic preserve established under Sections 258.39-258.399, F.S., may apply to the Commission to have a boating restricted area established on the private submerged lands to protect any seagrass or contiguous seagrass habitat from seagrass scarring due to propeller dredging. In order to protect the boating public and prevent navigational hazards, private submerged lands with less than ten acres of seagrass or contiguous seagrass habitat, which would otherwise qualify for boating restricted area under this section shall not be established as seagrass protection boating restricted areas.

(2) Private lands submerged by more than six feet of water at mean lower low water shall not qualify for a boating restricted area under this rule.

(3) For purposes of this rule, the following definitions shall apply:

(a) “Adjacent” means wholly within, partially within, bounded by, or having a common border on at least one side or part.

(b) “Seagrass” means Cuban shoal grass (Halodule wrightii), turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), star grass (Halophila engelmannii), paddle grass (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii), or widgeon grass (Ruppia maritima).

(c) “External propeller limitation zone” means a boating restricted area in which all vessels equipped with both an internal combustion motor (e.g. gasoline or diesel motors) and one or more propellers in the water for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the propeller out of the water. Vessels propelled solely by polling, paddling, floating, electric motors, or internal combustion motors without an external propeller may proceed through the zone with no restrictions.

(d) “Straight-line boundary” means an area delineated totally by a series of straight lines without the use of curves or meanders; each straight line generally being a minimum length of 200 feet; interior angles generally being greater than 60 degrees.

(4) To apply for a boating restricted area pursuant to this rule an owner must submit a complete application to the Commission, Division of Law Enforcement, Boating and Waterways Section, in writing, which shall include each of the following, in hard copy no larger than 8 1/2 inches by 11 inches, and in digital format (for example, GIS geodatabase file) for all required surveys and maps:

(a) A cover letter from the owner of the submerged lands for which the boating restricted area is being sought, which includes a statement that the owner is seeking a boating restricted area pursuant to this rule, as well as the date of application and the name, mailing address, electronic mail address, telephone number, and signature of the owner;

(b) A recorded deed from the County in which the property is located, providing proof of ownership by the applicant of the submerged lands for which the boating restricted area is being sought;

(c) Documentation of a title determination request from the Department of Environmental Protection, Division of State Lands verifying the private ownership of the lands for which the boating restricted area is being sought;

(d) Supporting documents provided by a professional surveyor or mapper or a professional engineer licensed to conduct business in the state of Florida that include the following:

A survey map, or maps, describing locations and juxtaposition of the following:

a. The submerged private property;

b. The adjacency of the submerged private property with an Outstanding Florida Water or aquatic preserve;

c. The requested straight-line boating restricted area;

d. The seagrass or contiguous seagrass habitat within the submerged private property;

e. Water depths within the submerged private property, along with the 6-foot contour line if applicable, referenced to mean lower low water;

Metes and bounds legal descriptions of the following boundaries:

a. The submerged private property;

b. The adjacency of the submerged private property with an Outstanding Florida Water or aquatic preserve;

c. The requested straight-line boating restricted area;

Statements as to the acreage encompassed by the following boundaries:

a. The submerged private property;

b. The requested straight-line boating restricted area;

c. The seagrass and contiguous seagrass habitat to be protected within the requested straight-line boating restricted area;

(e) An environmental survey from an environmental consultant or professional with experience in identifying seagrass communities which contains the following:

A statement of which species of seagrasses, if any, are present on the private submerged lands for which the owner is seeking a boating restricted area;
Maps and detailed physical descriptions of the boundaries of the seagrass and contiguous seagrass habitat which shall be incorporated into the supporting documents to be provided by a professional surveyor or mapper or professional engineer licensed to conduct business in the State of Florida as described above in paragraph (d).

(5) Complete applications may be submitted in the following manner:

(a) By mail or in person to the Fish and Wildlife Conservation Commission, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600; or

(b) By electronic mail to waterway.management@myfwc.com.

(6) The Boating and Waterways Section shall not process partial or incomplete applications.

(7) Upon receipt of all statements and other documents specified above, the Boating and Waterways Section shall determine whether or not the application is complete.

(a) If the application is not substantially complete or has not been completed substantially correctly, the Boating and Waterways Section shall, within 30 days following receipt, return it to the applicant with a statement of the items that are missing or that must be corrected.

(b) If the application is substantially complete and only minor additions or corrections are required, the Boating and Waterways Section shall, within 30 days following receipt, notify the applicant of the apparent errors or omissions and request the required additional or corrected information. If the requested additional or corrected information is not received within 60 days, the Boating and Waterways Section shall deny the application without prejudice.

(8) Within 30 days following receipt of a completed application, the Boating and Waterways Section shall provide notice of such receipt to the applicant by mail or by email.

(9) The Boating and Waterways Section shall within 90 days following receipt of a completed application, approve or deny the application based on whether or not the application meets the requirements of Section 327.46, F.S. and this rule. Upon approval or denial of the application, the Boating and Waterways Section shall provide notice of the approval or denial to the owner. If no request for review is timely received, this notice shall constitute final agency action.

(10) The Florida Fish and Wildlife Conservation Commission, sitting as agency head at its next available regularly scheduled meeting, shall review any approval or denial determination made by the Boating and Waterways Section upon timely receipt of a request for review. Any substantially affected person may request review of the approval or denial; the request must be received by the Boating and Waterways Section within 21 days following the notice of the approval or denial.

(a) Except as provided in paragraph (b), boating restricted areas created pursuant to this rule shall be external propeller limitation zones.

(b) If necessary to ensure that a boating restricted area created pursuant to this rule does not completely cut off all navigability into, through, or out of a waterway, a portion of the boating restricted area shall be slow speed minimum wake, as defined in Rule 68D-23.103, F.A.C.

(11) Following the Commission’s adoption of a boating restricted area pursuant to this rule, the area shall not be enforced until the owner applies to the Commission for a permit pursuant to Rule 68D-23.104, F.A.C. and posts uniform waterway markers delineating the boating restricted area established by the Commission consistent with the requirements of the permit and Chapter 68D-23, F.A.C. The owner shall have a continuing obligation to comply with the requirements of Rule 68D-23.110, F.A.C., as long as the boating restricted area exists.

History

Rulemaking Authority 327.04, 327.40, 327.41, 327.46 FS. Law Implemented 327.40, 327.41, 327.46 FS. History–New 10-15-18.

Fla. Admin. Code R. 68D-24.0041 Dutchman Key Private Submerged Lands Seagrass Protection Boating Restricted Areas

For the sole purpose of protecting seagrass and contiguous seagrass habitat upon privately-owned submerged lands, the following boating restricted areas are established in the vicinity of Dutchman Key in Pasco County:

(1) North Key: an external propeller limitation zone starting from GPS position 28.206380 N, 82.843960 W, on the southwest shoreline of North Key, bounded by a line following the natural contour of the shoreline to GPS position 28.207066 N, 82.842753 W, then running northeast approximately 262 feet to GPS position 28.207587 N, 82.842192 W, then running southwest approximately 1,544 feet to GPS position 28.203437 N, 82.843217 W, then running westerly approximately 666 feet to GPS position 28.203739 N, 82.845257 W, then running northeast approximately 1,027 feet to GPS position 28.206499 N, 82.844576 W, then running east approximately 203 feet back to the southwest shoreline of North Key.

(2) North Dutchman Key: an external propeller limitation zone starting from GPS position 28.203631 N, 82.845283 W, bounded by a line running easterly approximately 666 feet to GPS position 28.203330 N, 82.843243 W, then running southwest approximately 1,810 feet to GPS position 28.198466 N, 82.844444 W, then running west approximately 64 feet to GPS position 28.198503 N, 82.844639 W, then running westerly following the natural contour of the shoreline to GPS position 28.198838 N, 82.846313 W, then running east approximately 50 feet to GPS position 28.198885 N, 82.846455 W, then running northeast approximately 1,766 feet to the starting GPS position.

(3) South Dutchman Key: an external propeller limitation zone starting from GPS position 28.188163 N, 82.844187 W, on the south shoreline of Dutchman Key, bounded by a line following the natural contour of the shoreline to GPS position 28.188817 N, 82.843475 W, then running southeast approximately 1,962 feet to GPS position 28.185271 N, 82.838884 W, then running southeasterly approximately 1,048 feet to GPS position 28.182788 N, 82.837229 W, then running northwest approximately 2,974 feet back to the south shoreline of Dutchman Key.

(4) Access channel: a slow speed minimum wake zone starting from GPS position 28.203739 N, 82.845257 W, bounded by a line running east approximately 666 feet to GPS position 28.203437 N, 82.843217 W, then running south approximately 40 feet to GPS position 28.203330 N, 82.843243 W, then running west approximately 666 feet to GPS position 28.203631 N, 82.845283 W, then running north approximately 40 feet to the starting GPS position.

(5) The boating restricted areas in subsections (1) through (4) are depicted in Drawing A.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 4-26-22.

Fla. Admin. Code R. 68D-24.005 Sarasota County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic in and adjacent to the Intracoastal Waterway within Sarasota County, Florida, the following Boating Restricted Areas are established:

(a) Idle Speed No Wake Zones –

Stickney Point Bridge – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 550 feet north of the Stickney Point Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 650 feet south of said bridge, as depicted in drawing A.
Blackburn Point Bridge – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 650 feet north of the Blackburn Point Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 500 feet south of said bridge, as depicted in drawing B.
Albee Road Bridge – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 2,500 feet north of the Albee Road Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 1,000 feet south of said bridge, as depicted in drawing C.
Hatchett Creek – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 2,000 feet northwest of the US Highway 41 Business) Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 2,000 feet southeast of said bridge, as depicted in drawing D.
Circus Bridge (US 41) – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 840 feet north of the centerline of the Circus Bridge (US 41) including the marine center boat basin to a line drawn perpendicular to the centerline of the Intracoastal Waterway 300 feet south of the centerline of said bridge, as depicted in drawing E.
South Venice Ferry – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 500 feet northwest of the South Venice Ferry Dock to a line drawn perpendicular to the centerline of the Intracoastal Waterway 900 feet southeast of said dock, as depicted in drawing F.
Siesta Key Bridge – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 300 feet north of the centerline of the Siesta Key Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 300 feet south of the centerline of the Siesta Key Bridge, as depicted in drawing G.
Manasota Beach Bridge – All waters lying within and adjacent to the Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Intracoastal Waterway 300 feet north of the centerline of the Manasota Beach Bridge to a line drawn perpendicular to the centerline of the Intracoastal Waterway 300 feet south of the centerline of the Manasota Beach Bridge, as depicted in drawing H.

(b) Sarasota County shall install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within such boating restricted areas.

(2) The boating restricted areas described in subsection 68D-24.005(1), F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 8-30-83, Formerly 16N-24.05, Amended 12-21-92, Formerly 16N-24.005, 62N-24.005, Amended 1-1-06.

Fla. Admin. Code R. 68D-24.006 Fort Lauderdale Boating Restricted Areas

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 11-13-83, Formerly 16N-24.06, Amended 3-12-87, 12-7-89, Formerly 16N-24.006, Amended 9-28-98, Formerly 62N-24.006, Repealed 7-21-13.

Fla. Admin. Code R. 68D-24.008 Broward County Boating Restricted Areas

(1) For the purpose of regulating speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway in Broward County, Florida, the following year-round boating restricted areas are established. The boating restricted areas exclude all associated tributaries, creeks, canals, backwaters, channels, boat basins and other waterways unless otherwise designated or specifically described for inclusion:

(a)1. Hillsboro Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 750 feet north of the Hillsboro Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 800 feet south of said bridge as depicted in drawing A.

Hillsboro Inlet Zones –

a. An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 100 feet north of latitude 26° 17.339' North, longitude 80° 4.842' West (approximately located at Channel Marker “68”), and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,050 feet southwest of the intersection of the centerline of the Hillsboro Inlet channel and the centerline of the Florida Intracoastal Waterway, as depicted in drawing B.

b. A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, and including all waters of the Hillsboro Inlet, bounded on the northwest by a line drawn from headland to headland across the northwestern end of the Hillsboro Inlet at its confluence with the Florida Intracoastal Waterway, and on the southeast by a line drawn perpendicular to the centerline of the inlet channel 150 feet northwest of the seaward extremities of the Hillsboro Inlet jetties, as depicted in drawing B.

c. A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,050 feet south of the intersection of the centerline of the Hillsboro Inlet channel and the centerline of the Florida Intracoastal Waterway and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,425 feet north of the North East 14th Street Bridge in Pompano Beach, as depicted in drawing B.

North East 14th Street Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,425 feet north of the North East 14th Street Bridge in Pompano Beach and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of said bridge, as depicted in drawing B.
Atlantic Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the waterway 1,350 feet north of the Atlantic Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of said bridge, as depicted in drawing C.
East Commercial Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 750 feet north of the East Commercial Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 700 feet south of said bridge, as depicted in drawing D.
Oakland Park Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, and extending 1,500 feet north and south of the Oakland Park Boulevard Bridge, as depicted in drawing E.
Sunrise Boulevard Bridge –

a. An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 2,250 feet north of the Sunrise Boulevard Bridge to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet south of said bridge, as depicted in drawing F.

b. A Slow Speed Minimum Wake zone to be in effect year-round on Saturdays, Sundays and holidays as defined in Rule 68D-24.002, F.A.C., from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet south of the Sunrise Boulevard Bridge to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet north of the East Las Olas Bridge, as depicted in drawing F.

East Las Olas Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet north of the East Las Olas Bridge to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 3,300 feet south of said bridge, as depicted in drawing F.
Stranahan River – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 3,300 feet south of the East Las Olas Bridge to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet north of the 17th Street Causeway Bridge, as depicted in drawing G.
17th Street Causeway Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet north of the 17th Street Causeway Bridge to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 800 feet south of said bridge, as depicted in drawing G.
Dania Beach Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 850 feet north of the Dania Beach Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,940 feet south of said bridge, as depicted in drawing H.
Sheridan Street Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway, 850 feet north of the Sheridan Street Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 750 feet south of said bridge, as depicted in drawing I.
Hollywood Boulevard Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 2,570 feet south of the Sheridan Street Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 740 feet south of the Hollywood Boulevard Bridge, as depicted in drawing J.
Hallandale Beach Boulevard Zones –

a. An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 2,800 feet north of the Hallandale Beach Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,325 feet north of said bridge, as depicted in drawing K.

b. A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the Hallandale Beach Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 400 feet south of said bridge, as depicted in drawing K.

c. A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 400 feet south of the Hallandale Beach Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway at the Dade/Broward County line, as depicted in drawing K.

Lauderdale Beach ICW Zone – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet south of the Oakland Park Boulevard Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 2,250 feet north of the Sunrise Boulevard Bridge, as depicted in drawing L.

(b) Thirty (30) miles per hour/fifteen inch (15") wake zone –

This paragraph applies to all waters of the New River Canal and the Florida Intracoastal Waterway within Broward County.
Except where other speed limits or operation restrictions have been lawfully established, the maximum speed on these waters is thirty (30) miles per hour.

a. Any person who operates a vessel in excess of the thirty (30) miles per hour maximum speed limit is guilty of a noncriminal infraction, punishable by a civil penalty. The amount of the civil penalty shall be computed in accordance with the provisions pertaining to penalties for unlawful speed under Section 318.18(3), F.S.

b. For the purposes of enforcement of this subparagraph, law enforcement officers may use aircraft, vessels, manual or electronic timing devices, or radar. If radar is used, the provisions of Section 316.1906, F.S., shall be complied with.

c. This subparagraph shall not be interpreted to mean that thirty (30) miles per hour is a safe speed for all vessels under all circumstances. Inland Navigation Rule 6, as adopted pursuant to Section 327.33(3), F.S., requires that every vessel shall at all times be operated at a safe speed. Compliance with Inland Navigation Rule 6 may require speeds well under thirty (30) miles per hour.

The maximum allowable wake created by any vessel on these waters, regardless of the speed or size of the vessel, is fifteen inches (15") in vertical height, measured from the ambient tide level to the crest of the vessel’s wake at a distance of not less than twenty-five feet (25') from the vessel. Violation of this subparagraph is a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S. For purposes of enforcement of this subparagraph, law enforcement officers may use mechanical, electronic, or photographic measuring devices.
No person may operate any vessel on these waters in such a manner as to exceed a maximum sound level of eighty (80) dBA, measured at a distance of not less than fifty feet (50') from the vessel. Violation of this subparagraph, or refusal to submit to a sound level test when requested to do so by a law enforcement officer is a misdemeanor of the second degree as provided in Chapter 89-428, Laws of Florida, punishable as provided in Section 775.082 or 775.083, F.S.

(2) Exemption – This rule section shall not apply to any person operating a vessel as a participant in, or during officially sanctioned trial runs preceding or following, a lawfully permitted regatta or boat race.

(3) The boating restricted areas described in Rule 68D-24.008, F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS., Chapter 86-364, Ch. 89-428, Laws of Florida. History–New 11-9-86, Amended 6-14-93, Formerly 16N-24.008, Amended 12-18-94, Formerly 62N-24.008, Amended 7-21-13, 9-27-21, 2-3-26.

Fla. Admin. Code R. 68D-24.010 Pinellas County Boating Restricted Areas

(1) The following year-round zones are established regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within Pinellas County. The zones exclude all associated tributaries, creeks, canals, channels, backwaters, boat basins and other waterways unless otherwise designated or specifically described for inclusion:

(a) Slow Speed Minimum Wake Zones.

Pinellas Bayway (SR679) (SR 682) Bridges.

a. All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet southeast of the Pinellas Bayway (SR 679) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet northwest of said bridge, bounded on the northeast by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 41.748N, 82 42.986W) and bounded on the southwest by the southwestern shoreline as depicted in drawing A.

b. All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of the Pinellas Bayway (SR 682) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet north of said bridge, bounded on the east by the eastern shoreline and bounded on the west by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 42.563N, 82 43.583W), as depicted in drawing A.

Corey Causeway (SR 699) Bridge to Treasure Island Causeway (SR 150) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 800 feet southeast of the Corey Causeway (SR 699) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet north of the Treasure Island Causeway (SR 150) Bridge, as depicted in drawing B.
Tom Stuart (Welch) Causeway (SR 666) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,600 feet southeast of the Tom Stuart (Welch) Causeway (SR 666) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,000 feet northwest of said bridge, bounded on the northeast by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 48.463N, 82 47.657W) and bounded on the southwest by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 48.383N, 82 47.741W), as depicted in drawing C.
Park Boulevard (SR 694) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 6,270 feet southeast of the Park Boulevard (SR 694) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 3,050 feet north of said bridge, including the backwater immediately adjacent to Bayhaven Drive, as depicted in drawing D.
Indian Rocks (SR 688) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 7,340 feet south of the Indian Rocks (SR 688) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,790 feet north of said bridge, as depicted on drawing E.
Belleair Causeway (CR-416) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of the center bridge span of the Belleair Causeway (CR-416) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet north of the center bridge span of said bridge, bounded on the east by a point (27 54.924N, 82 49.801W) and following the contour of the eastern shoreline north to a point (27 54.954N, 82 49.750W) then running parallel to the channel from said point to the terminus of the north boundary and bounded on the west by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 55.007N, 82 49.970W), as depicted in drawing F.
Memorial Causeway (SR 60) Bridge ‒

a. All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,215 feet southwest of Memorial Causeway (SR 60) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 920 feet northeast of said bridge, bounded on the west by a line drawn parallel to the Florida Intracoastal Waterway from a point (27 58.018N, 82 48.429W) and bounded on the east by the City of Clearwater shoreline, as depicted in drawing G.

b. All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 920 feet northeast of the Memorial Causeway (SR 60) Bridge, to a line draw perpendicular to the Florida Intracoastal Waterway 3,315 feet north of said bridge, bounded on the west by the boundaries of the marked channel of the Florida Intracoastal Waterway and bounded on the east by the City of Clearwater Shoreline, as depicted in drawing G.

Honeymoon Island Causeway (SR 586) Bridge – All waters in and adjacent to the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of the Honeymoon Island Causeway (SR 586) Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet north of said bridge, bounded on the east by a line drawn parallel to the Florida Intracoastal Waterway from a point (28 3.068N, 82 47.621W) and bounded on the west by a line drawn parallel to the Florida Intracoastal Waterway from a point (28 3.070N, 82 47.829W), as depicted in drawing H.

(2) The boating restricted areas are depicted in the following drawings:

History

Rulemaking Authority 327.46 FS. Law Implemented 327.46 FS. History–New 9-18-88, Amended 12-7-89, Formerly 16N-24.010, Amended 10-1-96, Formerly 62N-24.010, Amended 10-2-00, 10-30-13.

Fla. Admin. Code R. 68D-24.011 Okeechobee Waterway Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on the Okeechobee Waterway, the following Boating Restricted Areas are established:

(a) SE Ocean Boulevard – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet north of the centerline of the S.E. Ocean Boulevard (SR A1A) bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet south of the centerline of said bridge, as depicted in drawing A.

(b) Stuart “Roosevelt Bridge” Area – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the east by a line drawn parallel to and 300 feet east of the centerline of the Roosevelt Bridge (US Highway 1), bounded on the northwest by a line drawn from Britt Point to Arbeau Point across the mouth of the North Fork of the St. Lucie River at its confluence with the Okeechobee Waterway, and bounded on the southwest by a line drawn across the Okeechobee Waterway from Arbeau Point to Bessy Point 3,000 feet southwest of the centerline of North Dixie Highway (SR 707) bridge, as depicted in drawing B.

(c) Palm City Bridge – A Slow Speed Minimum Wake boating restricted area, shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the northwest by a line drawn parallel to and 300 feet northwest of the centerline of the Palm City Bridge (SR 714), and bounded on the southeast by a line drawn parallel to and 1,500 feet southeast of the centerline of said bridge, as depicted in drawing C.

(d) St. Lucie Lock and Dam Structure, the Florida Turnpike and I-95 Bridges.

A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the northeast by a line drawn parallel to and 1,000 feet northeast of the centerline of the eastern span of the northbound traffic lane of I-95 and bounded on the southwest by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet northeast of the St. Lucie Lock and Dam Structure, as depicted in drawing D.
An Idle Speed No Wake boating restricted area from shoreline to shoreline, in the Okeechobee Waterway in and adjacent to the St. Lucie Lock and Dam Structure, bounded on the northeast by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet northeast of the St. Lucie Lock and Dam Structure and bounded on the southwest by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet southwest of the St. Lucie Lock and Dam Structure, as depicted in drawing D.

(e) Arundel Bridge (S. W. 96th Street) – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the northeast by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet northeast of the centerline of the Arundel Bridge (S. W. 96th Street), and bounded on the southwest by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet southwest of the centerline of said bridge, as depicted in drawing E.

(f) Timer Powers Park and Boat Ramp – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the northeast by a line drawn perpendicular to the centerline of the Okeechobee Waterway 500 feet northeast of the centerline of the Timer Powers Boat Ramp and bounded on the southwest by a line drawn perpendicular to the centerline of the Okeechobee Waterway 500 feet southwest of the centerline of the Timer Powers Boat Ramp, as depicted in drawing F.

(g) SR 710 and Seaboard Coast Line (CSX) Railroad Trestle – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the northeast by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet northeast of the centerline of the SR 710 bridge, and bounded on the southwest by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet southwest of the centerline of the Seaboard Coast Line (CSX) Railway Trestle, as depicted in drawing G.

(h) FEC Railroad Trestle – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, bounded on the east by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet east of the centerline of the FEC Railroad Trestle, and bounded on the west by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet west of the centerline of said trestle, as depicted in drawing H.

(i) US 441/US 98 Bridge and Port Mayaca Lock – An Idle Speed No Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway, east of the Port Mayaca lock structure and within the right-of-way of the Okeechobee Waterway west of said lock structure, bounded on the east by a line drawn parallel to and 300 feet east of the centerline of the US 441/US 98 bridge, and bounded on the west by a line drawn perpendicular to the centerline of the Okeechobee Waterway 300 feet west of the lock structure, as depicted in drawing I.

(j) Torry Island Bridge – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway in Palm Beach County, bounded on the north by a line drawn perpendicular to the centerline of the Okeechobee Waterway 400 feet north of Torry Island Bridge in Belle Glade, Palm Beach County, and bounded on the south by a line drawn perpendicular to the centerline of the Okeechobee Waterway 1,400 feet south of said bridge, as depicted in drawing J.

(k) Clewiston Lock Structure – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway in Clewiston, Hendry County, bounded on the northeast by a line drawn perpendicular to the centerline of the Route 1B Approach Channel 150 feet northeast of the confluence of the Okeechobee Waterway Rim Canal and Route 1B Approach Channel, bounded on the north by a line drawn 150 feet north of the confluence of both forks of Cauley Cut and the Okeechobee Waterway Rim Canal, bounded on the northwest by a line drawn perpendicular to the Okeechobee Waterway Rim Canal 300 feet northwest of the centerline of the Hoover Dike Road City Ramp, bounded on the south by a line drawn across the southern entrance to the S-310 Navigation Lock (Clewiston Lock) and bounded on the southeast by a line drawn perpendicular to the centerline of the Okeechobee Waterway Rim Canal 300 feet southeast of the northeastern fender of the S-310 Navigation Lock (Clewiston Lock), as depicted in drawing K.

(l) Liberty Point – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway Rim Canal and Mayaca Cut in Glades County, bounded on the west by a line drawn perpendicular to the centerline of the Okeechobee Waterway Rim Canal 300 feet west of Liberty Point, on the southeast by a line drawn perpendicular to the centerline of the Rim Canal 600 feet southeast of Liberty Point, and on the east by a line drawn perpendicular to the centerline of the Mayaca Cut 150 east of its confluence with the Rim Canal, as depicted in drawing L.

(m) Moore Haven Lock Structure and Vicinity – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Okeechobee Waterway Rim Canal, the Old Moore Haven Canal and associated canals, and the Caloosahatchee River in the vicinity of the Moore Haven Lock and flood control structure S-77 in Glades County, within the boundaries set forth below, as depicted in drawing M:

In the Okeechobee Waterway Rim Canal, shoreline to shoreline, from a line drawn perpendicular to the centerline of the Okeechobee Waterway Rim Canal 1,800 feet northwest of the centerline of the Moore Haven Lock Gates canal (26° 50' 45.2'' N/81° 05' 24.2''W), to a line drawn perpendicular to the centerline of the Okeechobee Waterway Rim Canal 500 feet southeast of the centerline of the Alvin Ward boat ramp (26° 50' 21.8'' N/81° 04' 46.9''W), including the area shoreline to shoreline 500 feet north from the Okeechobee Waterway Rim Canal into the Old Moore Haven Canal (26° 50' 40.9'' N/81° 05' 14.4''W), and including the Moore Haven Locks canal;
In the lock structure and approaches, shoreline to shoreline, from the Okeechobee Waterway Rim Canal to the Caloosahatchee River;
In the approaches and spillway of flood control structure S-77, shoreline to shoreline, from the Okeechobee Waterway Rim Canal to the Caloosahatchee River; and,
In the Caloosahatchee River, shoreline to shoreline, from the river’s northern terminus at the lock structure to a line drawn perpendicular to the centerline of the river 1,450 feet downstream of the centerline of the US 27 Bridge, (26° 49' 48.3'' N/ 81° 05' 30.2''W), including the area, shoreline to shoreline, in the Old Moore Haven Canal south of the Okeechobee Waterway Rim Canal to the Old Moore Haven Canal’s terminus.

(n) SR 29 Bridge – A Slow Speed Minimum Wake boating restricted area in the Caloosahatchee River (Okeechobee Waterway), from shoreline to shoreline from a line drawn parallel to and 500 feet east of the centerline of the SR 29 bridge as it crosses the Caloosahatchee River to a line drawn parallel to and 2,056 feet west of the centerline said bridge, as depicted in drawing N.

(2) The boating restricted areas are depicted in the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 1-5-88, Formerly 16N-24.011, Amended 1-8-96, Formerly 62N-24.011, Amended 10-2-00, 10-23-05, 1-20-09, 5-12-13.

Fla. Admin. Code R. 68D-24.013 Dade County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Intracoastal Waterway in the vicinities of Golden Beach, the North East 192nd Street Bridge, Biscayne Creek, Bakers Haulover Inlet, the Broad Causeway Bridge, the 79th Street Causeway Bridge, the Port of Miami, and the Rickenbacker Causeway Bridge in Dade County, Florida, the following Boating Restricted Areas are established:

(a)1. Golden Beach – 192nd Street Bridge: A Slow Down Minimum Wake Zone from shoreline to shoreline, in and adjacent to the Intracoastal Waterway, beginning at the Dade-Broward County Line and extending to a line drawn perpendicular to the centerline of the Intracoastal Waterway 500 feet south of the North East 192nd Street Bridge.

Biscayne Creek: An Idle Speed No Wake Zone in the Intracoastal Waterway Channel extending south from Dumfoundling Bay to Biscayne Bay, including all of Biscayne Creek.
Bakers Haulover Inlet: An Idle Speed No Wake Zone in and adjacent to the Intracoastal Waterway where the channels converge in the vicinity of the Bakers Haulover Inlet. This area is bounded as follows: on the west by the western edge of the channel of the Intracoastal Waterway; on the south by a line drawn due west from the southernmost point of the A1A Highway Bridge over the Bakers Haulover Inlet; on the east by the A1A Highway Bridge and the shoreline; and on the north by a line drawn due west from the shoreline to the south end of Atlantic Intracoastal Waterway Cut DA-8, approximately 3,440 feet north of the southern boundary of this zone.
Broad Causeway Bridge: An Idle Speed No Wake Zone in the Intracoastal Waterway Channel extending 100 yards on both sides of the Board Causeway Bridge.
79th Street Causeway Bridge: An Idle Speed No Wake Zone in the Intracoastal Waterway Channel extending 100 yards on both sides of the 79th Street Causeway Bridge.
Port of Miami: An Idle Speed No Wake Zone in the Intracoastal Waterway Channel including approximately 1.75 miles from 100 yards north of the Venetian Causeway Bascule Bridge to the southern tip of Claughton Island.
Rickenbacker Causeway Bridge: An Idle Speed No Wake Zone in the Intracoastal Waterway Channel extending 100 yards on both sides of the Rickenbacker Causeway Bridge.

(b) Dade County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the restricted areas. The county may enter into agreements with public or private organizations or individuals to effect this purpose.

(2) The boating restricted areas are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 1-5-88, Amended 8-14-89, Formerly 16N-24.013, 62N-24.013.

Fla. Admin. Code R. 68D-24.014 Manatee County Boating Restricted Area

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within Manatee County, the following Boating Restricted Area is established:

(a) Slow Down Minimum Wake Zone – All waters lying within the channel of the Florida Intracoastal Waterway from a line drawn perpendicular to the centerline of the waterway 550 yards north of the Cortez Bridge to a line drawn perpendicular to the centerline of the waterway 250 yards south of the Cortez Bridge.

(b) Manatee County is authorized to install and maintain Slow Down Minimum Wake regulatory markers within the boating restricted area and shall install and maintain “Resume Normal Safe Operation” markers at the northern and southern boundaries of the boating restricted area.

(2) The boating restricted area is depicted on the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 7-18-89, Formerly 16N-24.014, 62N-24.014.

Fla. Admin. Code R. 68D-24.015 Apalachicola River Boating Restricted Area

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Apalachicola River within Franklin County, the following Boating Restricted Area is established:

(a) Slow Down Minimum Wake Zone – All waters lying within the Apalachicola River, from shoreline to shoreline but not including Crooked Channel, from the John Gorrie Memorial Bridge to a line drawn perpendicular to the centerline of the river 1,500 yards generally north of the John Gorrie Memorial Bridge following the thread of the river.

(b) The City of Apalachicola is authorized to install and maintain Slow Down Minimum Wake regulatory markers within the boating restricted area and shall install and maintain “Resume Normal Safe Operation” markers at the northern and southern boundaries of the boating restricted area.

(2) The boating restricted area is depicted on the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 8-14-89, Formerly 16N-24.015, 62N-24.015.

Fla. Admin. Code R. 68D-24.016 Duval County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within Duval County, the following Boating Restricted Areas are established:

(a) Slow Down Minimum Wake Zones.

Sisters Creek – All waters in and adjacent to the Florida Intracoastal Waterway within Sisters Creek, from shoreline to shoreline, from a line drawn perpendicular to the center line of the waterway 650 feet north of the Heckscher Drive Bridge to a line drawn from headland to headland across the mouth of Sisters Creek at its confluence with Saint Johns River, as depicted in drawing A.
Atlantic Boulevard Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline from a line drawn perpendicular to the center line of the waterway 1,200 feet north of the Atlantic Boulevard Bridge to a line drawn perpendicular to the center line of the waterway 900 feet south of said bridge, as depicted in drawing B.
Beach Boulevard Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the center line of the waterway 1,350 feet north of the Beach Boulevard Bridge to a line drawn perpendicular to the center line of the waterway 900 feet south of said bridge, as depicted in drawing C.
Saint Johns River:

a. All waters of the Saint Johns River, from shoreline to shoreline, from the Florida East Coast Railroad Bridge adjacent to the Acosta Bridge to the Main Street Bridge, as depicted in drawing D.

b. All waters of the Saint Johns River, from shoreline to shoreline, from the Main Street Bridge to the Hart Bridge, as depicted in drawing D. The zone established in this sub-subparagraph shall be active and enforceable only during periods of unusually high vessel traffic density. The regulatory markers posted for vessels entering this zone shall read SLOW DOWN MINIMUM WAKE WHEN FLASHING and shall have amber or yellow lights on both sides of the circle geometric shape specified in subsection 62N-18.002(3), F.A.C. The Sheriff of Duval County shall cause the lights to alternately flash whenever the zone is active. For the purposes of this sub-subparagraph, “unusually high vessel traffic density” means vessel traffic associated with: events at Riverwalk or Metropolitan Park; regattas, races, marine parades, tournaments, or exhibitions conducted pursuant to the provisions of section 327.48, F.S.; and legal holidays as specified in Section 683.01, F.S. The Sheriff of Duval County shall notify the Division of Law Enforcement each time the zone is activated or deactivated.

(b) Duval County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the boating restricted areas and shall install and maintain “Resume Normal Safe Operation” markers at the boundaries of the boating restricted areas.

(2) The boating restricted areas are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 12-7-89, Formerly 16N-24.016, 62N-24.016.

Fla. Admin. Code R. 68D-24.017 Palm Beach County Boating Restricted Areas

(1) For the purpose of regulating speed and operation of vessel traffic on the Intracoastal Waterway within Palm Beach County, Florida, the following boating restricted areas are established:

(a) Jupiter Inlet – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the SR 707 (Gomez Rd.) Bridge; bounded on the northwest by a line drawn perpendicular to the centerline of the Loxahatchee River 300 feet northwest of the northwest end of the fender of the Florida East Coast Railroad bridge located adjacent to the SR 811 (Alternate A-1-A) Bridge; bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of the south end of the fender of the SR 706 (Indiantown Rd.) Bridge; and bounded on the east by a line drawn due north across the Jupiter Inlet from the western tip of the jetty at DuBois Park to the southwest corner of Jupiter Island, and including all waters of and tributaries to Sawfish Bay and the Jupiter River, as depicted in drawing A.

(b) Donald Ross Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the Donald Ross Bridge, and bounded on the south by a line drawn from headland to headland across the mouth of Lake Worth Creek at its southern terminus at Lake Worth, as depicted in drawing B.

(c) Peanut Island, Blue Heron Bridge and Lake Worth Inlet – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway including all waters of Lake Worth, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway at the north shoreline of Phil Foster Island, from the mainland at Riviera Beach to Singer Island; bounded on the southeast by a line drawn from the southwest corner of Singer Island to the nearest channel marker marking the northern edge of the Lake Worth Inlet Channel (flashing marker “8”) and running along the line of channel markers marking the northern edge of the Lake Worth Inlet Channel and the Port of Palm Beach Turning Basin to the westernmost channel marker marking the northern edge of the Port of Palm Beach Turning Basin (flashing marker “12”); and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway, from the westernmost channel marker marking the northern edge of the Port of Palm Beach Turning Basin to the mainland at the southeast corner of the Port of Palm Beach Slip 1, Berth 6, Bay 49, as depicted in drawing C.

(d) Flagler Memorial Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,100 feet north of the north end of the fender of the Flagler Memorial Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 1,500 feet south of the south bridge fender, as depicted in drawing D.

(e) SR 704 (Royal Park) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the SR 704 (Royal Park) Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the southernmost dock of the Town of Palm Beach Public Docks (Peruvian Ave.), as depicted in drawing E.

(f) SR 80 (Southern Blvd.) Bridge – A Slow Speed Minimum Wake zone, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the bridge fender of the SR 80 (Southern Blvd.) Bridge, and bounded on the east by a line drawn parallel to and 500 feet east of the centerline of the Florida Intracoastal Waterway and the western shoreline of Bingham Island and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing F.

(g) SR 802 (Lake Worth) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the SR 802 (Lake Worth) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the centerline of the Bryant Park boat ramp, as depicted in drawing G.

(h) SR 812 (Lantana Ave.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway at the north end of Hypoluxo Island and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing H.

(i) SR 804 (East Ocean Ave.) Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 575 feet north of the north end of the fender of the SR 804 (East Ocean Ave.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing I.

(j) 15th Ave. (Woolbright Rd.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the 15th Avenue (Woolbright Rd.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing J.

(k) N.E. 8th Street (George Bush Blvd.) Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the N.E. 8th Street (George Bush Blvd.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 600 feet south of the south end of the bridge fender, as depicted in drawing K.

(l) SR 806 (East Atlantic Ave.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 675 feet north of the north end of the fender of the SR 806 (East Atlantic Ave.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway, 500 feet north of the centerline of the Knowles Park boat ramp, as depicted in drawing L.

(m) Knowles Park Boat Ramp – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway, 500 feet north of the centerline of the Knowles Park boat ramp, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the 12th Street (Linton Blvd.) Bridge, as depicted in drawing M.

(n) 12th Street (Linton Blvd.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of fender of the 12th Street (Linton Blvd.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing N.

(o) SR 800 (Spanish River Blvd.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the SR 800 (Spanish River Blvd.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing O.

(p) SR 798 (Palmetto Park Rd.) Bridge and Silver Palm Park Boat Ramp Zones.

Lake Wyman Vicinity to SR 798 (Palmetto Park Rd.) Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, in the vicinity of marker 63 (which is in the southern portion of Lake Wyman), and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the northern end of the fender system of the SR 798 (Palmetto Park Rd.) Bridge, as depicted in drawing P.
Silver Palm Park Boat Ramp and SR 798 Bridge – An Idle Speed No Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the SR 798 (Palmetto Park Rd.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of the centerline of the Silver Palm Park boat ramp, as depicted in drawing P.

(q) A-1-A (Ocean Ave). Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in the Boca Raton Inlet, bounded on the northwest by a line drawn perpendicular to the centerline of the channel 300 feet northwest of the northwest end of the fender of the A-1-A (Ocean Ave.) Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the channel 300 feet south of the south end of the bridge fender, as depicted in drawing Q.

(r) Camino Real Zones.

Camino Real Bridge – A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet north of the north end of the fender of the Camino Real Bridge, and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the bridge fender, as depicted in drawing R.
Camino Real Bridge to Palm Beach-Broward County Line – A Slow Speed Minimum Wake zone to be in effect from 10:00 a.m. to 6:00 p.m. on Saturdays, Sundays, and Holidays, in and adjacent to the Florida Intracoastal Waterway, bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300 feet south of the south end of the fender of the Camino Real Bridge, and bounded on the south by the Palm Beach-Broward County Line, as depicted in drawing R.

(s) Jupiter Narrows - A Slow Speed Minimum Wake zone from shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, bounded on the south by a line drawn perpendicular to the centerline of the waterway 300 feet north of the north end of the fender of the SR 707 (Cato's) Bridge, and bounded on the north by a line drawn perpendicular to the centerline of the waterway 2525 feet north of the SR 707 (Cato's) Bridge as depicted in drawing S.

(2) The boating restricted areas described in Rule 68D-24.017, F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 2-28-91, Amended 8-6-92, 6-14-93, Formerly 16N-24.017, Amended 10-27-97, 3-3-99, Formerly 62N-24.017, Amended 5-20-10, 4-6-15, 5-20-25.

Fla. Admin. Code R. 68D-24.018 St. Johns River Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on the St. Johns River in Lake, Seminole and Volusia Counties, Florida the following boating restricted areas are established. The boating restricted areas exclude all associated tributaries, creeks, canals, backwaters, channels, boat basins and other waterways unless otherwise designated or specifically described for inclusion:

(a) Year-Round Boating Restricted Areas.

Lake George Fender System: A Slow Speed Minimum Wake zone within the fender system and associated channel at the south end of Lake George, bounded on the north by a line drawn perpendicular to the centerline of the channel at the north end of the fender system and bounded on the southeast by a line drawn perpendicular to the centerline of the channel 1,500 feet south and southeast of the south end of the fender system, as depicted in Drawing A.
South Moon Canal:

A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northwest by a line drawn perpendicular to the centerline of the St. Johns River 50 feet north of the confluence of South Moon Canal and the St. Johns River and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 850 feet south of said confluence, as depicted in Drawing B.

Jungle Den Canal:

A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northwest by a line drawn perpendicular to the centerline of the St. Johns River 50 feet northwest of the confluence of Jungle Den Canal and the St. Johns River and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 1,250 feet south of said confluence, as depicted in Drawing C.

SR 40 (Astor) Bridge: A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the north by a line drawn perpendicular to the centerline of the St. Johns River 875 feet north of the north end of the fender of the SR 40 (Astor) Bridge and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 2,125 feet south of the south end of the fender of said bridge, as depicted in Drawing D.
SR 44 (Whitehair) Bridge: A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the north by a line drawn perpendicular to the centerline of the St. Johns River 2,375 feet northwest of the northwest end of the fender of the SR 44 (Whitehair) Bridge and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 1,025 feet south of the south end of the fender of said bridge, as depicted in Drawing E.
Hontoon Island State Park: A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the north by a line drawn perpendicular to the centerline of the St. Johns River 4,025 feet northeast of the confluence of the Hontoon Dead River and the St. Johns River and bounded on the southeast by a line drawn perpendicular to the centerline of the St. Johns River 1,950 feet southeast of said confluence, as depicted in Drawing F.
Highbanks Boat Ramp: A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the north by a line drawn perpendicular to the centerline of the St. Johns River 450 feet north of the centerline of Highbanks Boat Ramp and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 350 feet south of the centerline of said boat ramp, as depicted in Drawing G.
Lake Monroe: A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the west by a line drawn perpendicular to the centerline of the St. Johns River 1,075 feet west of the west end of the CSX Railroad Bridge fender and bounded on the southeast by a line drawn perpendicular to the centerline of the St. Johns River 125 feet east of the east end of the I-4 Bridge fender, to include Lake Monroe Park Basin, as depicted in Drawing H.
Lemon Bluff:

A Slow Speed Minimum Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northeast by a line drawn perpendicular to the centerline of the St. Johns River at the northeast tip of the unnamed island (located at approximate latitude 28º 48.394' North, approximate longitude 81º 7.799' West) southeast of Lemon Bluff Boat Ramp, and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River 250 feet northwest of the southern tip of said unnamed island (located at approximate latitude 28º 48.282' North, approximate longitude 81º 7.806' West), as depicted in Drawing I.

(b) Flood Zones.

Astor: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northwest by a line drawn perpendicular to the centerline of the St. Johns River 50 feet north of the confluence of South Moon Canal and the St. Johns River and bounded on the south by a line drawn perpendicular to the centerline of the St. Johns River approximately 4,160 feet south of the south end of the fender of the SR 40 (Astor) Bridge to GPS position 29° 9.37267' North 81°31.38050' West, as depicted in Drawing J, when the St. Johns River water level is in the action stage or higher when measured at the United States Geological Survey gauge at Astor (USGS site #02236125), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).
Highbanks Boat Ramp: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the north by a line drawn perpendicular to the centerline of the St. Johns River 1,700 feet north of the centerline of Highbanks Road Boat Ramp and bounded on the southwest by a line perpendicular to the centerline of the St. Johns River 1,800 feet south of the centerline of the Highbanks Boat Ramp, as depicted in Drawing K, when the St. Johns River water level is in the action stage or higher when measured at the United States Geological Survey gauge at Sanford (USGS site #02234500), as determined by the action stage established by the NOAA.
Mullet Lake Park: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the east by a line drawn perpendicular to the centerline of the St. Johns River at Mullet Lake Park Boat Ramp and bounded on the west by a line drawn perpendicular to the centerline of the St. Johns River 3,000 feet west of Mullet Lake Park Boat Ramp, as depicted in Drawing L, when the St. Johns River water level is in the action stage or higher when measured at the United States Geological Survey gauge at Lake Harney (USGS site #02234000), as determined by the action stage established by the NOAA.
Lemon Bluff: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northeast by a line drawn perpendicular to the centerline of the St. Johns River at the northeast tip of the unnamed island (located at approximate latitude 28º 48.394' North, approximate longitude 81º 7.799' West) southeast of Lemon Bluff Boat Ramp and bounded on the southwest by a line drawn perpendicular to the centerline of the St. Johns River 3,675 feet southwest of the southern tip of said unnamed island (located at approximate latitude 28º 48.282' North, approximate longitude 81º 7.806' West), as depicted in Drawing M, when the St. Johns River water level is in the action stage or higher when measured at the United States Geological Survey gauge at Lake Harney (USGS site #02234000), as determined by the action stage established by the NOAA.
Lake Monroe: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the southeast by the northwesterly side of the I-4 bridge in Sanford, Florida, and bounded on the northwest by a line drawn perpendicular to the centerline of the St. Johns River at approximate latitude 28° 50.61660ꞌ North, and approximate longitude 81° 20.23200ꞌ West, including all canals associated with St. Johns River Estates, Boat Tree Marina, the intake and discharge canals at the Sanford Power Plant, and the water basin on the north side of the River between US Highway 17/92 and I-4, as depicted in Drawing N, when the St. Johns River water level is in the action stage or higher when measured at the United States Geological Survey gauge at Sanford (USGS site #02234500), as determined by the action stage established by the NOAA.

(c) Lake, Seminole and Volusia counties are authorized to install and maintain appropriate regulatory markers demarcating the flood zones as directed by the Division of Law Enforcement within the boating restricted areas, or portions thereof, located within the respective counties. These counties may enter into agreements with public or private organizations or individuals to effect this purpose. Lake, Seminole and Volusia counties are authorized to make public service announcements to notify the public of the changes in speed zones before, during and after flooding.

(2) The boating restricted areas described in Rule 68D-24.018, F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.33(3), 327.46 FS. History–New 6-3-92, Formerly 16N-24.018, Amended 10-3-95, 11-21-96, 2-4-98, Formerly 62N-24.018, Amended 4-22-13, 4-23-14, 2-10-20, 4-20-20, 7-6-20, 8-28-23, 12-25-24.

Fla. Admin. Code R. 68D-24.019 Nassau County Boating Restricted Area

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Intracoastal Waterway within Nassau County, Florida, the following Boating Restricted Area is established:

(a) Fernandina Beach – An Idle Speed No Wake Zone zone from shoreline to shoreline in the Amelia River, from a line drawn perpendicular to the centerline of the Amelia River at the extended centerline of Dade Street to a line drawn perpendicular to the centerline of the Amelia River 400 feet south of the extended centerline of Cedar Street, and bounded on the west by a line drawn across the mouth of Bells River, as depicted in drawing A.

(b) Nassau County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within such boating restricted area.

(2) The boating restricted area described in Rule 68D-24.019, F.A.C., is depicted on the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 4-1-93, Formerly 16N-24.019, 62N-24.019.

Fla. Admin. Code R. 68D-24.020 Suwannee and Santa Fe River Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic during flood events, the Suwannee and Santa Fe River Boating Restricted Areas are established, which shall include all associated and navigable tributaries, creeks, coves, bends, and backwaters unless otherwise designated or excluded.

Suwannee River Idle Speed No Wake Zones‒

(a) Zone 1: All waters in and adjacent to the river from the centerline of the U.S. 90 Bridge at Ellaville south to the centerline of the S.R. 51 Bridge at Luraville, as depicted in Drawing A. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the United States Geological Survey (USGS) Ellaville gauge (USGS 02319500), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).

(b) Zone 2: All waters in and adjacent to the river from the centerline of the S.R. 51 Bridge at Luraville to a line drawn perpendicular to the centerline of the river at Little River Spring, as depicted in Drawing B. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Branford gauge (USGS 02320500), as determined by the action stage established by NOAA.

(c) Zone 3: All waters in and adjacent to the river from a line drawn perpendicular to the centerline of the river at Little River Spring to the centerline of the C.R. 340 Bridge at Rock Bluff, as depicted in Drawing C. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Branford gauge (USGS 02320500), as determined by the action stage established by NOAA.

(d) Zone 4: All waters in and adjacent to the river from the centerline of the C.R. 340 Bridge at Rock Bluff to a line drawn perpendicular to the centerline of the river approximately 300' southwest of the New Clay Landing Boat Ramp, from a line drawn perpendicular to the centerline of the river approximately 6,000' north of the Camp Azalea Boat Ramp to a line drawn perpendicular to the centerline of the river approximately 1,300' south of the Yellow Jacket Landing, and from a line drawn perpendicular to the centerline of the river approximately 2,000' northeast of the Fowler’s Bluff Boat Ramp to a line drawn perpendicular to the centerline of the river approximately one mile southwest of the Fowler’s Bluff Boat Ramp, as depicted in Drawing D. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Wilcox gauge (USGS 02323500), as determined by the action stage established by NOAA.

Santa Fe River Idle Speed No Wake Zones –

(e) Zone 5: All waters in and adjacent to the river from the River Rise in O’Leno State Park downstream to the centerline of the US 27 Bridge, as depicted in Drawing E. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS High Springs gauge (USGS 02321975), as determined by the action stage established by NOAA.

(f) Zone 6: All waters from the centerline of the US 27 Bridge downstream to a line drawn perpendicular to the centerline of the river, shoreline to shoreline, one-half mile upstream from the S.R. 47 Bridge, as depicted in Drawing F. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Fort White gauge (USGS 02322500), as determined by the action stage established by NOAA.

(g) Zone 7: All waters in and adjacent to the river from a line drawn perpendicular to the centerline of the river, shoreline to shoreline, one-half mile upstream from the S.R. 47 Bridge, downstream to a line drawn perpendicular to the centerline of the river, shoreline to shoreline, from the westernmost point of the unnamed island located at 29° 54.527' N, 82° 46.074' W, as depicted in Drawing G. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Three Rivers Estates gauge (USGS 02322703), as determined by the action stage established by NOAA.

(h) Zone 8: All waters in and adjacent to the river from a line drawn perpendicular to the centerline of the river, shoreline to shoreline, from the westernmost point of the unnamed island located at 29° 54.527' N, 82° 46.074' W downstream to the confluence of the Suwannee and Santa Fe Rivers, to include the Ichetucknee River upstream to the US 27 Bridge, as depicted in Drawing H. Idle Speed No Wake in effect and enforceable when the river water height is in the action stage or higher when measured at the USGS Three Rivers Estates gauge (USGS 02322703), as determined by the action stage established by NOAA.

(2) When in Effect – The boating restricted areas established in subsection (1) shall be active and enforceable only when the water levels reach the action stage or higher as established by NOAA. Suwanee and Santa Fe River water levels are recorded by NOAA and can be viewed on the NOAA website.

(3) The boating restricted areas described in Rule 68D-24.020, F.A.C., are depicted in the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 5-3-94, Formerly 16N-24.020, 62N-24.020, Amended 3-16-06, 11-4-15, 12-25-24.

Fla. Admin. Code R. 68D-24.021 Ochlockonee River Boating Restricted Areas

For the purpose of providing for public safety, the following boating restricted areas are established:

(1) A no entry area starting from the northeast (Lake Talquin) side of the spillway of the Jackson Bluff Dam, bounded by a line running northeast approximately 75 feet to GPS position 30° 23ꞌ28.18ꞌꞌ N 84° 38ꞌ55.98ꞌꞌ W, then running southeast approximately 1000 feet to GPS position 30° 23ꞌ20.90ꞌꞌ N 84° 38ꞌ48.73ꞌꞌ W, then running northeasterly approximately 250 feet to GPS position 30° 23ꞌ21.97ꞌꞌ N 84° 38ꞌ46.18ꞌꞌ W, then running southeast approximately 330 feet to GPS position 30° 23ꞌ19.58ꞌꞌ N 84° 38ꞌ43.74ꞌꞌ W, then running southwest, following the natural contour of the shoreline, back to the southeastern base of the dam.

(2) A shoreline to shoreline no entry area from the southwest (Ochlockonee River) side of the Jackson Bluff Dam, bounded by a line running southwest approximately 300 feet, following the natural contour of the shoreline, to GPS position 30° 23ꞌ 15.25Nꞌꞌ/84° 38ꞌ49.31Wꞌꞌ then running northwest approximately 550 feet to GPS position 30° 23ꞌ 19.31Nꞌꞌ/84° 38ꞌ53.38Wꞌꞌ then running easterly approximately 400 feet, following the natural contour of the shoreline, to the northwest side of the dam.

(3) The boating restricted areas in subsections (1) and (2) are depicted in Drawing A.

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 2-7-22.

Fla. Admin. Code R. 68D-24.108 Charlotte County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Intracoastal Waterway in Charlotte County, Florida, the following Boating Restricted Areas are established:

(a)1. Cape Haze – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, in and adjacent to the Intracoastal Waterway, from a line drawn east/west across the waterway 4,982 feet south east of platted Lot Number 6 within the Cape Haze Subdivision, Section 3, Township 42S, Range 20E, in Charlotte County, Florida, to a line drawn perpendicular to the centerline of the waterway 2,552 feet northwest of said Lot, as depicted in drawing A.

Gasparilla Island Bridge – A Slow Speed Minimum Wake boating restricted area within the right-of-way of the Florida Intracoastal Waterway from a line drawn perpendicular to the center line of the waterway 300 feet east-southeast of the abandoned CSX railroad bridge to a line drawn perpendicular to the center line of the waterway 300 feet west-northwest of the center fender system of the Gasparilla Island Causeway Bridge, as depicted in drawing B.
Tom Adams Bridge – A Slow Speed Minimum Wake boating restricted area on all waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, bounded on the northwest by a line drawn parallel to the center line of the Tom Adams Bridge 300 feet northwest of the centerline of said bridge, bounded on the southwest by the shoreline and by a line drawn perpendicular to the centerline of said bridge running from the southwest terminus of the bridge northwest until it intersects with the northwest boundary line (26° 56' 00"N, 82° 21" 19'W), bounded on the southeast by a line drawn parallel to the center line of said bridge 300 feet southeast of the centerline of said bridge, and bounded on the east and northeast by the shoreline, as depicted in drawing C.

(b) Charlotte County and the Gasparilla Island Bridge Authority are authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within such boating restricted area.

(2) The boating restricted areas described in Rule 68D-24.108, F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 6-27-95, Formerly 62N-24.108, Amended 4-10-02.

Fla. Admin. Code R. 68D-24.109 Withlacoochee River Boating Restricted Areas

For the purpose of regulating the speed and operation of vessel traffic during flood conditions on the Withlacoochee River within Citrus, Hernando, Marion, and Sumter Counties, the following Boating Restricted Areas are established, which shall include all associated and navigable tributaries, creeks, coves bends, and backwaters unless otherwise designated or excluded:

(1) Idle Speed No Wake Restrictions.

(a) Big Flat Rock to Camp Izzard Boat Ramp. –

All waters of the Withlacoochee River, from the Big Flat Rock (29 00.920N, 82 24.658W) south to Camp Izzard Boat Ramp (29 0.036N, 82 22.030W), as depicted in Drawing A. This Idle Speed No Wake restriction shall be active and enforceable only when the water level is in the action stage or higher when measured at the USGS Holder gauge (02313000), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).

(b) Camp Izzard Boat Ramp to the Marion/Sumter County Line. –

All waters of the Withlacoochee River, from Camp Izzard Boat Ramp (29 0.036N, 82 22.030W) south to the Marion/Sumter county line (28 57.622N, 82 18.703W), as depicted in Drawing B. This Idle Speed No Wake restriction shall be active and enforceable only when the water level is in the action stage or higher when measured at the USGS Holder gauge (02313000), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).

All waters of the Withlacoochee River, from North Hooty Point (28 54.527N, 82 16.603W) to south of East Newman Drive (28 53.630N, 82 16.110W), as depicted in Drawing C. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the river is measured at the USGS SR 44 gauge (02312722) at 37.23' or higher and will remain in effect until the river recedes to below 37.23'.

(d) East Squire Court to south of East Shawnee Trail. –

All waters of the Withlacoochee River, from East Squire Court (28 52.384N, 82 14.484W), to south of East Shawnee Trail (28 50.117N, 82 12.280W), as depicted in Drawing D. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the river is measured at the USGS SR 44 gauge (02312722) at 37.23' or higher and will remain in effect until the river recedes to below 37.23'.

(e) Citrus/Hernando County Line to south of the Riverside RV Park.

All waters of the Withlacoochee River, from the Citrus/Hernando County line (28 40.060N, 82 15.786W) south to south of the Riverside RV Park (28 38.342N, 82 15.606W), as depicted in Drawing E. This Idle Speed No Wake restriction shall be active and enforceable only when the water level is in the action stage or higher when measured at the USGS Croom gauge (02312500), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).

(f) Iron Bridge Primitive Boat Launch to CSX Railway Trestle. –

All waters of the Withlacoochee River, from the Iron Bridge Primitive Boat Launch (28 35.600N, 82 13.300W), south to the CSX Railway Trestle (28 34.323N, 82 9.240W), as depicted in Drawing F. This Idle Speed No Wake restriction shall be active and enforceable only when the water level is in the action stage or higher when measured at the USGS Trilby gauge (02312000), as determined by the action stage established by the National Oceanic and Atmospheric Administration (NOAA).

(2) The boating restricted areas are depicted in the following drawings:

History

Rulemaking Authority 327.04, 327.40, 327.46 FS. Law Implemented 327.46 FS. History–New 2-10-97, Formerly 62N-24.109, Amended 11-5-07, 9-13-15, 2-2-26.

Fla. Admin. Code R. 68D-24.117 Escambia County Boating Restricted Area

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within Escambia County, the following Boating Restricted Area is established: Florida Intracoastal Waterway between a line drawn perpendicular to the centerline of State Road 292 (Perdido Key Bridge) 5,500' feet west (30° 18' 43''/87° 26' 33'') of the Perdido Key Bridge (SR 292) and a line drawn perpendicular to the centerline of State Road 292 (Perdido Key Bridge) 3,500 feet east (30° 18' 06''/87° 25' 00''), including the waters adjacent to the Florida Intracoastal Waterway north and south to the mean high water mark as depicted in drawing A.

(2) Escambia County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the boating restricted area and shall install and maintain “Idle Speed No Wake” and “Resume Normal Safe Operation” markers at the east and western boundaries of the boating restricted area.

(3) The boating restricted area is depicted in the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 9-30-97, Formerly 62N-24.117.

Fla. Admin. Code R. 68D-24.118 Flagler County Boating Restricted Area

(1) For the purpose of regulating speed and operation of vessel traffic on the Florida Intracoastal Waterway in Flagler County the following boating restricted area is established:

(a) SR 100 Bridge – A Slow Speed Minimum Wake boating restricted area shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway, from 500' feet south of the centerline of the SR 100 Bridge to 1,200' feet north of the centerline of the SR 100 Bridge, as depicted in Drawing A.

(b) The City of Flagler Beach is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the boating restricted area. The City of Flagler Beach may enter into agreements with public or private organizations or individuals to effect this purpose.

(2) The boating restricted area is depicted on the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.33(3), 327.46 FS. History–New 3-15-98, Formerly 62N-24.118.

Fla. Admin. Code R. 68D-24.136 Lee County Boating Restricted Area

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within Lee County, the following Boating Restricted Area is established: Caloosahatchee River at the Alva Bridge – All waters of the Florida Intracoastal Waterway, shoreline to shoreline, west from the centerline of the Alva Bridge (SR 78) to 300' feet west of the most western boundary of the fuel facility property (26 42' 50.9"/81 36' 42.1") and an informational marker will be located 300' feet west (26 42' 46.2''/81 36' 43.8") of the regulatory marker and east from the centerline of the Alva Bridge (SR 78) to 300' feet east (26 42' 49"/81 36' 17") of the most eastern boundary of the Alva Public Boat Ramp and an informational marker will be located 2450' feet east (26 42' 50"/81 35' 53.3") of the most eastern boundary of the Alva Boat Ramp, as depicted in drawing A.

(2) Lee County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the boating restricted area and shall install and maintain Idle Speed No Wake and “Resume Normal Safe Operation” markers at the east and western boundaries of the boating restricted area.

(3) The boating restricted area is depicted in the following drawing:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 11-25-96, Formerly 62N-24.136.

Fla. Admin. Code R. 68D-24.143 Martin County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on and adjacent to the Intracoastal Waterway in Martin County, Florida, the following Boating Restricted Areas are established:

(a) Jensen Beach Causeway – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet north of the centerline of the Jensen Beach Causeway (SR 707A) Bridge and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet south of said bridge, as depicted in drawing A.

(b) N.E. Ocean Boulevard – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet northwest of the N.E. Ocean Boulevard (SR A1A) Bridge and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet south of said bridge, as depicted in drawing B.

(c) Hobe Sound Bridge – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet north of the centerline of the Hobe Sound (SR 708) Bridge and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 300' feet south of said bridge, as depicted in drawing C.

(d) Jupiter Island – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 4,350' feet south of the Hobe Sound (SR 708) Bridge and bounded on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 8,295' feet south of said bridge, as depicted in drawing D. The boating restricted area established in this paragraph is applicable only to vessels 35 feet or more in length.

(e) Blowing Rocks – A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline bounded on the north by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet north of the centerline of the fuel dock located at 26° 58.749'' N/80° 05.354'' W and on the south by a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet south of said fuel dock centerline, as depicted in drawing E. The boating restricted area established in this paragraph is applicable only to vessels 35' feet or more in length and in effect only from November 1 through April 30 each year. If the fuel dock is closed and its use as a public fueling facility discontinued, the boating restricted area established in this paragraph shall no longer be in force or effect.

(2) The boating restricted areas described in Rule 68D-24.143, F.A.C., are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 2-25-96, Formerly 62N-24.143, Amended 1-20-09, 4-22-13.

Fla. Admin. Code R. 68D-24.144 Monroe County Boating Restricted Areas

(1) For the purpose of regulating the anchoring of vessels in and adjacent to the Newfound Harbor Channel (also known as Pine Channel) within Monroe County, the following boating restricted area is established:

Newfound Harbor Channel (Pine Channel) – Anchoring of all sailboats and other vessels with masts is prohibited in Newfound Harbor Channel (Pine Channel), shoreline to shoreline, between Big Pine Key and Little Torch Key, from the centerline of US Highway 1 south to a line drawn from the southernmost point on Little Torch Key to the southernmost point on Big Pine Key (a distance approximately 6,000' feet south of the centerline of US Highway 1), as depicted in Drawing A. If the overhead power lines are removed, the zone established in this paragraph shall no longer be in force or effect.

(2) For the purpose of regulating the speed and operation of vessel traffic on the Florida Intracoastal Waterway (ICW) in Monroe County, the following boating restricted area is established:

Jewfish Creek: A Slow Speed Minimum Wake boating restricted area in and adjacent to the ICW, bounded on the north by a line drawn perpendicular to the centerline of the ICW 300' feet north of the north end of the Jewfish Creek (US Highway 1) Bridge fender system to a line drawn perpendicular to the centerline of the ICW 800' feet south of the south end of the Jewfish Creek (US Highway 1) Bridge fender system, as depicted in Drawing B.

(3) The boating restricted areas are depicted on the following maps:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 1-10-07, Amended 8-7-12.

Fla. Admin. Code R. 68D-24.146 Okaloosa County Boating Restricted Area

For the purpose of regulating the speed and operation of vessel traffic on the Florida Intracoastal Waterway within Okaloosa County, Florida, the following boating restricted area is established:

(1) Slow Speed Minimum Wake Zone.

(a) Brooks Bridge – A Slow Speed Minimum Wake zone, shoreline to shoreline, in and adjacent to the Florida Intracoastal Waterway approximately 2,000' feet west from of the centerline of the Brooks Bridge to GPS position 30° 24' 03''/86° 36' 25W", and approximately 3,400 feet east from the centerline of the Brooks Bridge to GPS position 30° 24' 06N''/86° 35' 22W" in Okaloosa County, as depicted in Drawing A.

(b) Okaloosa County is authorized to install and maintain appropriate regulatory markers as directed by the Division of Law Enforcement within the boating restricted area.

(2) The boating restricted area is depicted in Drawing A:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 11-14-01, Amended 9-27-21.

Fla. Admin. Code R. 68D-24.155 St. Johns County Boating Restricted Areas

(1) The following slow speed minimum wake year-round zones are established regulating the speed and operation of vessel traffic on and adjacent to the Florida Intracoastal Waterway within St. Johns County. The zones exclude all associated tributaries, creeks, canals, channels, backwaters, boat basins and other waterways unless otherwise designated or specifically described for inclusion:

(a) Palm Valley Bridge (S.R. 210) – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet northwest of the Palm Valley Bridge (S.R. 210), to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet southeast of said bridge, as depicted in Drawing A.

(b) Vilano Beach Bridge (A1A) – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet north of the Vilano Beach Bridge (A1A), to a point on the western shoreline (29° 54.935 N/81° 17.898 W) 200 feet south of the bridge, to a point on the eastern shoreline (29° 54.964 N/81° 18.318 W) 900' feet south of said bridge, as depicted in Drawing B.

(c) Bridge of Lions (A1A) – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet north of the Bridge of Lions (A1A), to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 775' feet southeast of said bridge, as depicted in Drawing C.

(d) S.R. 312 Bridge – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet north of the S.R. 312 Bridge, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet south of said bridge, as depicted in Drawing D.

(e) Crescent Beach Bridge (S.R. 206) – All waters in and adjacent to the Florida Intracoastal Waterway, from shoreline to shoreline, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet northwest of the Crescent Beach Bridge (S.R. 206), to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500' feet southeast of said bridge, as depicted in Drawing E.

(f) Devil’s Elbow Boat Ramp – All waters in and adjacent to the Florida Intracoastal Waterway, from a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet northeast of the Devil’s Elbow Boat Ramp, to a line drawn perpendicular to the centerline of the Florida Intracoastal Waterway 500 feet south of said boat ramp, bounded on the west by a line drawn from point (29° 45.112 N/81° 15.071 W) to point (29° 45.263 N/81° 15.092 W), and bounded on the east by the shoreline, as depicted in Drawing F.

(2) The boating restricted areas are depicted on the following drawings:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 12-11-97, Formerly 62N-24.155, Amended 11-14-01, 5-23-11, 5-11-15.

Fla. Admin. Code R. 68D-24.164 Volusia County Boating Restricted Areas

(1) For the purpose of regulating the speed and operation of vessel traffic on the Florida Intracoastal Waterway (ICW) bordering eastern Volusia County, including the Indian River and the Halifax River, the following Boating Restricted Areas are established:

(a)1. Ormond Beach: A Slow Speed Minimum Wake boating restricted area from shoreline to shoreline, bounded on the north by a line drawn perpendicular to the centerline of the ICW 300 feet north of the north end of the Highbridge Road Bridge fender system to a line drawn perpendicular to the centerline of the ICW 300 feet south of the centerline of the Highbridge Road Boat Ramp, as depicted in drawing A.

Daytona Beach: An Idle Speed No Wake boating restricted area from the western shoreline to the eastern limit of the right-of-way of the ICW from a line drawn perpendicular to the centerline of the ICW 200 feet north of the Main Street Bridge to a line which is 600' feet northerly of and parallel to the centerline of northern span of the Seabreeze Bridge (S. R. 430), as depicted in drawing B.
New Smyrna Beach: An Idle Speed No Wake boating restricted area in and adjacent to the ICW, bounded on the north and west by the western shoreline of the Indian River North, bounded on the south by the northern shoreline of Chicken Island and a line drawn due west from the western end of Chicken Island, and bounded on the east by a line drawn due north from the eastern end of Chicken Island, as depicted in drawing C.
Edgewater: An Idle Speed No Wake boating restricted area from the western shoreline to the eastern limit of the right-of-way of the ICW from a line drawn perpendicular to the centerline of the ICW 300' feet north of the Kennedy Park boat ramp to a line drawn perpendicular to the centerline of the ICW 500 feet south of the Menard May Park boat ramp, as depicted in drawing D.

(b) Volusia County is authorized to install and maintain Slow Speed Minimum Wake or Idle Speed No Wake markers, as identified herein, and Resume Normal Safe Operation markers at the beginning and end of each of these restricted areas.

(2) The restricted areas are depicted on the following maps:

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 4-2-87, Formerly 16N-24.009, 62N-24.009, Amended 4-12-99, Formerly 62N-24.164, Amended 10-28-12.

Fla. Admin. Code R. 68D-24.165 Collier County Boating Restricted Areas

For the purpose of regulating the speed and operation of vessel traffic in Little Hickory Bay in Collier County, Florida, the following boating restricted area is created:

(1) Slow Speed, Minimum Wake Zone, from shoreline to shoreline within the mangrove islands, which lie approximately 2 miles north of Wiggins Pass inlet, beginning at point “A” at Latitude 26 degrees 18 minutes 52.10 seconds North, Longitude 81 degrees 50 minutes 9.57 seconds West; thence proceed in a northerly direction for a distance of 1,500 feet, more or less, to a point designated as “B” at Latitude 26 degrees 19 minutes 06.45 seconds North, Longitude 81 degrees 50 minutes 03.18 seconds West; including the waterway intersection originating near channel marker number 15, thence proceeding easterly and northeasterly for a distance of 1,100 feet, more or less, to a point designated as “C” at Latitude 26 degrees 19 minutes 01.08 seconds North, Longitude 81 degrees 49 minutes 53.73 seconds West, as depicted in drawing A.

(R. 4/06)

Error! Use the Home tab to apply Section Tag to the text that you want to appear here. FISH AND WILDLIFE CONSERVATION COMMISSION V. 11, p. 2120-2

History

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History-New 7-17-24.

Chapter 68D-34 LIVERY REGULATIONS

Fla. Admin. Code R. 68D-34.002 Livery Pre-Rental and Pre-Ride Instruction Requirements

(1) Any livery offering vessels for lease or rent must ensure that all individuals who rent or lease a vessel, as well as each potential operator of a rented or leased vessel, have received pre-rental and pre-ride instruction in the following topics prior to operation:

(a) Operator responsibility, including ethics, courtesy and good judgment on the water.

Avoiding careless, reckless, and negligent operation of vessels.
The effects of alcohol, controlled substances, and stressors.
The responsibility of the vessel operator for the safe and proper operation of the vessel.

(b) Navigation Rules.

Maintaining proper lookout.
Keep a safe distance from other vessels and objects and operate at a safe speed for the conditions, location, and environment.
Operating defensively.
Requirements to give way to other vessels and vessel right of way.

(c) Boating Restricted Areas, Manatee Protection Zones, and other areas within which boating is prohibited or in which boating speed is regulated. Regulatory markers including Idle Speed, Slow Speed, and mile per hour restrictions and aids to navigation shall also be covered.

(d) Awareness of changes in weather or water conditions and proper responses to those changes.

(e) The requirements for operating a vessel while a person is waterskiing or participating in similar activities identified in Section 327.37, F.S., if applicable to the vessel being leased or rented.

(f) Boating accidents.

Causes and prevention of accidents.
Legal requirements – remaining on scene; rendering assistance; reporting accidents.

(g) Propulsion, steering, and stopping characteristics of vessels generally and of the specific vessel being leased or rented.

(h) Location and content of manufacturer’s warning labels.

(i) Boarding, falling off, capsizing, taking on water, and reboarding, and emergency procedures for dealing with these situations.

(j) Problems seeing other vessels and being seen by them.

(k) The dangers of wake or surf jumping and other reckless operations.

(l) Noise, nuisances, and other environmental concerns.

(m) Specific personal watercraft safety requirements (wearing personal flotation devices, using kill switch lanyard, location of sound producing device and fire extinguisher, age requirements for personal watercraft operation, and lawful hours of operation).

(n) Boating safety identification cards; age and engine requirements.

(o) Photographic identification.

(p) Florida divers-down warning device requirements.

(q) Awareness of fish and wildlife with potential impacts to boaters and boating safety, including, but not limited to manatees, whales, dolphins, and sturgeon (if locally applicable).

(r) Ecosystem awareness and potential impacts to boaters and boating safety based on local issues.

(s) Specific operational characteristics of the vessel being leased or rented.

(t) Local characteristics of the waterway where the leased or rented vessel will be operated, including navigational hazards, the presence of boating restricted areas, and water depths.

(u) Location and proper use of safety equipment.

(v) The requirement to operate at a speed no faster than slow speed minimum wake within 300 feet of an emergency vessel when the vessel’s emergency lights are activated and within 300 feet of a construction vessel or barge displaying an orange flag.

(w) Requirements for operating paddlecraft within the marked channel of the intracoastal waterway.

(2) In addition to the topics listed in subsection (1), any livery offering vessels for lease or rent for off-site use or for daily or longer time periods must ensure that all individuals intending to operate a vessel have been provided pre-rental and pre-ride instruction in the following topics:

(a) Fueling and ventilation.

(b) Trailering and transporting.

(d) Specific local hazards; such as large bodies of water, weather, dams, cold water, commercial vessel traffic, etc.

(3) Liveries offering a vessel for lease or rent, other than paddlecraft, shall conduct an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented.

(4) Both the individual providing pre-rental and pre-ride instruction and the person receiving pre-rental and pre-ride instruction must sign a form attesting that the pre-rental and pre-ride instruction was provided and received in accordance with this rule and Section 327.54, F.S. using form FWCDLE_313A (05/2024), Livery Pre-Rental and Pre-Ride Instruction Attestation – Motorized Vessels, which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16666 and/or form FWCDLE-313B (05/2024) Livery Pre-Rental and Pre-Ride Instruction Checklist and Attestation – Human Powered which are hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16667.

History

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS. History–New 1-31-23, Amended 1-3-24, 8-4-24.

Fla. Admin. Code R. 68D-34.004 Boating Safety Information to be Displayed at Livery Facilities

(1) As provided in Section 327.54(3)(f), F.S., a livery must display the boating safety information forms provided in this rule, as applicable, in a place visible to the renting public. Each such applicable boating safety information form shall be displayed in a size no smaller than 187 square inches.

(a) Any livery offering motorboats, other than personal watercraft, jet boats or houseboats, for lease or rent must display the Motorboat Rental Safety Poster, form FWCDLE_315 (11/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15111.

(b) Any livery offering houseboats for lease or rent must display the Houseboat Rental Safety Poster, form FWCDLE_316 (11/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15107.

(c) Any livery offering personal watercraft and/or jet boats for lease or rent must display the Personal Watercraft/Jet Boat Rental Safety Poster, form FWCDLE_314 (11/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15108.

(d) Any livery offering sailboats for lease or rent must display the Sailboat Rental Safety Poster, form FWCDLE_317 (11/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15109.

(e) Any livery offering paddlecraft or other human-powered vessels for lease or rent must display the Paddlecraft Rental Safety Poster, form FWCDLE_318 (11/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15110.

(2) A livery may substitute a form provided in this rule with an alternative poster that is no less than 187 square inches in area and that contains the same information found on the applicable form.

History

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS. History–New 1-31-23.

Fla. Admin. Code R. 68D-34.006 Livery Permits

(1) Requests for issuance of a livery permit, as provided in Section 327.54, F.S., shall be submitted to the Commission via email to liverypermit@myfwc.com or to Fish and Wildlife Conservation Commission, Boating and Waterways Section/Livery Permit, 620 South Meridian Street, Tallahassee, Florida 32399. A livery permit shall be issued when such requests include all of the following:

(a) A copy of the Florida Livery Permit Checklist, form FWCDLE_311 (10/2023), which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16298.

(b) A list of all vessels offered by the livery for lease or rent.

(c) A copy of a valid insurance policy for the livery meeting the requirements of Section 327.54, F.S. For convenience, liveries providing optional insurance coverage to renters may utilize the Livery Insurance Coverage Option for Renter form FWCDLE 319 (10/2023), which is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16296.

(d) A copy of the Livery Permit Certification, form FWCDLE_312 (10/2023), which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16299, and which is hereby incorporated by reference. This form must be signed by the livery or by the official agent of the livery with authority to bind the livery.

(e) If the livery permit is to be issued to a corporation, limited liability company, or partnership, a copy of the business documents establishing the livery as such. If the livery is to be issued to an individual, a copy of the individual’s government issued photo identification.

(2) All livery permits shall be issued using the same delivery method as the permit request was made. If a livery permit is issued by email it shall be received from liverypermit@myfwc.com. Such email with the attached permit may be shown to law enforcement on an electronic device as evidence of the permit. Each permit shall have a unique identifying number and shall be electronically signed by staff in the Boating and Waterways Section. Such permits shall be issued on form FWCDLE_310 (11/2022), Livery Permit, which is located at https://www.flrules.org/Gateway/reference.asp?No=Ref-15115, and which is hereby incorporated by reference.

(3) Livery permits issued in 2023 will be valid for the remainder of calendar year 2023 and will expire in 2024 on the applicant’s birthday. Livery permits will thereafter expire annually on the applicant’s birthday.

(4)(a) Livery permits shall be revoked, and applications for livery permits shall be denied, as follows:

For two or more violations of any combination of the following within a 24-month period or for four violations over any period of time, which result in dispositions other than dismissal or acquittal and which were issued to any person owning or operating the livery:

a. Subsection 327.54(2), F.S., except as provided in subparagraph 2. below.

b. Subsections 327.54(4), (5), (6), (7), (8), and (9), F.S.

c. Paragraph 327.54(3)(a), (b), (c), (d), or (e), F.S.

For three or more violations of any combination of the following within a 12-month period or for five violations over any period of time, which result in dispositions other than dismissal or acquittal and which were issued to any person owning or operating the livery:

a. Failure to provide the Commission with updated information within 10 days of a change of such information, as provided in subsection 327.54(2), F.S.

b. Subsection 327.54(10), F.S.

c. Paragraph 327.54(3)(f) or (g), F.S.

(b) Revocations of livery permits and denials of livery permit applications pursuant to this section shall be in effect for two years for a first revocation or denial. A second revocation of a livery permit pursuant to this section shall be permanent. The Commission shall not issue a permit to an application for a livery which has been the subject of a permanent revocation.

(c) The commission shall notify livery permit holders or applicants of a revocation or denial in writing. Such notice shall constitute final agency action.

History

Rulemaking Authority 327.04, 327.54 FS. Law Implemented 327.54 FS. History–New 1-31-23, Amended 1-3-24.

Chapter 68D-35 VESSEL REGISTRATION AND BOATING SAFETY

Fla. Admin. Code R. 68D-35.001 Airboat Operator Course

(1) Pursuant to section 327.391 F.S., all Airboat Operator Courses developed for the purposes of training airboat operators carrying passengers for hire must be approved by the Florida Fish and Wildlife Conservation Commission. This chapter establishes the minimum standards for airboat for hire operator courses, course providers, course instructors and state specific course content.

(2) Each Airboat Operator Course Provider;

(a) Shall require its instructors to demonstrate knowledge of boating safety and the current laws and regulations pertaining to the operation of airboats, as well as teaching skills in the area of boating safety, and shall ensure that all instructors meet the qualifications set forth in subsection (2 and 3).

(b) Is responsible for maintaining an ongoing quality control program for their course. Providers shall periodically update or recertify their instructors. Quality of instruction will be assured through this means with each provider auditing its own program.

(c) Shall maintain books, records, and documents directly pertinent to the performance and successful completion of an approved Airboat Operators Course in accordance with generally accepted accounting principles consistently applied. Such records shall be available for inspection and audit purposes for no less than five (5) years following course approval.

(d) Shall confirm that students have proof of successful completion of:

A boater safety course approved by the National Association of State Boating Law Administrators and this Commission or a captain’s license issued by the United States Coast Guard; and
A Cardiopulmonary Resuscitation course; and
A First Aid Course.

(e) Shall supply to an examinee who has received a passing score on the examination and passed the on the water practical evaluations, either an electronic or printable certificate that contains the below information:

Certificates must include the name of the Provider; date of issue; the student’s first name, middle initial, last name, date of birth, current mailing address; the passing score on the examination, including the date of the successful completion, and the primary instructor for the classroom and on the water training.

(3) Each Airboat Instructor shall have knowledge of boating safety, and the current laws and regulations pertaining to the operation of airboats, as well as teaching skills in the area of boating safety and airboat operation.

(4) Each Airboat Instructor must meet the following criteria:

(a) Must be at least 21 years of age.

(b) Have obtained either a High-School Diploma or GED.

(c) Have a boating privilege that is current and has not had their privilege to operate a vessel in Florida suspended in the past three years.

(d) No felony convictions within the previous five years.

(e) Must have a minimum of 120 hours of documented airboat operation time within last three years, to be completed at a minimum of 40 hours per year.

(5) Each Airboat Operator Course taught pursuant to section 327.391, F.S., must meet the minimum instruction requirements established by the Florida Fish and Wildlife Conservation Commission and maintain current approval from the Commission.

(a) The course will be a minimum of 24 hours total instruction and testing time, to include the following minimums criteria:

8 hours of classroom instruction/written testing
14 hours of on the water instruction, practice, and testing of operational practicals where

a. The student to instructor ratio of 3:1 maximum for the on-the-water instruction is maintained, and

b. Each student has 4 hours of individual operating time.

(b) Each course approved by FWC will contain the same information required in the FWC supplied course material based on the United States Department of Interior United States Fish and Wildlife service Airboat Training Module’s Manual including the on-the-water practicals and testing, (FWC Airboat Operator Course Development Manual effective date 10/2018) is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09910, or by contacting FWC Boating and Waterwys Section at 620 South Meridian Street, Tallahassee, Florida 32399 or (850) 488-5600.

A boating safety workbook or text, or the electronic equivalent.
A final exam of not less than 50 questions, including a minimum of 10 Florida-specific questions, and require a minimum passing score of 80 percent.
Course lesson plans minimum requirements:

a. Subject

b. References (Manual section or other lesson reference material, i.e. navigation rules as provided in the United States Coast Guard Navigation Rules Handbook previously known as COMDTINST M16672.2D) which is available at https://www.navcen.uscg.gov/pdf/navRules/CG_NRHB_20180126.pdf

c. Objectives (Standards being taught)

d. Safety Considerations (Practical exercises i.e. double hearing protection, water depth for maneuvers, maximum speed, weather considerations, First Aid, etc.)

e. Assessment (How is the student graded, written or demonstration, what is pass and what is fail)

f. Procedure

g. Instructor actions (ex. Pre-flight checklist)

h. Desired student outcome (ex. Student should be able to demonstrate how to check the oil, identify proper nomenclature of equipment and components on the checklist such as oil pressure gauge, oil filter, etc.)

A syllabus or course outline.
A list of course objectives.
The on-the-water practicals and testing must include shallow water operation, deep water operation, docking, beaching, and transitions from water to land and back to water.

(d) Each course must be updated and re-approved by the Florida Fish and Wildlife Conservation Commission every three years.

(e) Airboat Operators carrying passengers for hire will take refresher training at least every 5 years. The refresher training will contain a minimum of 8 hours of instruction and testing. Included in this 8 hours will be an exam meeting the final exam criteria and 6 on the water hours including successful demonstration and testing of the water practical criteria by the examinee.

(f) Any person administering the Airboat Operators Course and examinations is prohibited from providing assistance of any kind to the examinee during the examination and must not allow, suffer, or permit any other person to assist the examinee during the examination. The term “assistance” does not include the provision of reasonable accommodations if required under the Americans with Disabilities Act or s. 501 of the Rehabilitation Act.

(6) Minimum state specific course topic content required by the Florida Fish and Wildlife Conservation Commission should include:

(a) Florida specific boating requirements.

(b) Florida’s adoption of all federal equipment requirements.

(d) Boating accident requirements – remaining on scene; rendering assistance; reporting accidents.

(e) Problems seeing other vessels and being seen by them.

(f) Boating Restricted Areas and Regulatory markers including Idle Speed, Slow Speed, and mile per hour restrictions.

(g) Operator responsibility (ethics), courtesy and good judgment on the water.

(h) Avoiding careless, reckless, and negligent operation of vessels.

(i) The effects of alcohol, controlled substances, and stressors.

(j) Navigation Rules including maintaining proper lookout, safe speed, and requirements of give way or stand on vessels.

(k) Aids to navigation; buoys and other waterway markers.

(l) Awareness of changes in weather or water conditions and proper responses to those changes.

(m) Boating accidents including causes and prevention of airboat accidents.

(n) Noise, nuisances, environmental and other operational concerns.

History

Rulemaking Authority 327.391 FS. Law Implemented 327.391 FS. History–New 10-1-18.

Chapter 68D-36 MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES

Fla. Admin. Code R. 68D-36.004 Minimum Requirements for Training Facilities and Instructors

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 12-27-88, Formerly 16N-36.004, Amended 12-29-96, Formerly 62N-36.004, Repealed 6-9-05.

Fla. Admin. Code R. 68D-36.008 Minimum Requirements for Boating Safety Courses

History

Rulemaking Authority 327.04, 327.395, 327.54, 327.731 FS. Law Implemented 327.395, 327.54, 327.731 FS. History–New 12-27-88, Formerly 16N-36.008, Amended 12-29-96, Formerly 62N-36.008, Repealed 6-9-05.

Fla. Admin. Code R. 68D-36.009 Proof of Successful Completion of the Course

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 12-27-88, Formerly 16N-36.009, Amended 12-29-96, Formerly 62N-36.009, Repealed 6-9-05.

Fla. Admin. Code R. 68D-36.101 Purpose

History

Rulemaking Authority 327.04, 327.39, 327.395, 327.54, 327.731 FS. Law Implemented 327.39, 327.395, 327.54, 327.731 FS. History–New 6-9-05, Repealed 8-1-24.

Fla. Admin. Code R. 68D-36.102 Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) “Photographic identification” for purposes of this chapter, means a form of identification issued by a governmental agency, employer, course provider, or educational institution which includes the following for the individual to whom it is issued:

(a) The individual’s full name.

(b) The individual’s current street address including: the house or lot number; the street name or number; the apartment or unit number if applicable; the city, state and zip code if within the United States; the city, state or province, postal code if applicable, and the country if not within the United States.

(d) A photograph not more than six years old of the face of the individual.

(e) The name of the governmental agency, employer, educational institution, or course provider that issued the identification.

(2) “Course provider” means a school or other sponsoring organization that offers to the public boating safety courses that meet the minimum standards established by the National Association of State Boating Law Administrators.

History

Rulemaking Authority 327.04, 327.39, 327.395, 327.54, 327.731 FS. Law Implemented 327.39, 327.395, 327.54, 327.731 FS. History–New 6-9-05, Amended 8-1-24, 3-17-26.

Fla. Admin. Code R. 68D-36.103 Minimum Requirements for Course Providers and Instructors

(1) Course Provider Requirements.

(a) “Course provider” means a school or other sponsoring organization that offers to the public boating safety courses that meet the minimum standards established by the National Association of State Boating Law Administrators.

(b) Each course provider shall ensure that all instructors meet the qualifications set forth in subsection (2).

(c) Course providers should make maximum use of the existing cadre of qualified instructors who have been trained through state boating safety programs, the United States Coast Guard Auxiliary, the United States Power Squadrons, the American National Red Cross, the Young Men’s Christian Association, and other similar public and private boating safety oriented programs.

(d) Each course provider is responsible for maintaining an ongoing quality control program. Course providers should periodically update or recertify their instructors. Quality of instruction will be assured through this means with each course provider, or the course provider’s sponsoring organization, auditing its own program.

(e) Each course provider must teach a course of instruction, the content of which has received the prior approval of the National Association of State Boating Law Administrators. This approval is valid for three years. Each course provider or its sponsoring organization must resubmit course materials for continuing approval so as to avoid a lapse of approved status.

(2) Instructor Qualifications.

(a) Each instructor shall have knowledge of boating safety, and the current laws and regulations pertaining to the operation of vessels, as well as teaching skills in the area of boating safety.

(b) Each instructor must have the knowledge, skills, and abilities necessary for the transmittal of the information necessary to implant knowledge of boating safety in students. The following skills, knowledge, and abilities are considered essential for this purpose:

Instructor/student communication.
Logical thinking.
Human relations and human diversity.
Lesson planning.
Teaching methods.
Instructional aids.
Handicaps to learning.
Evaluation of student performance.

(c) Certifications of instructors for specialized courses such as canoeing, kayaking, boardsailing, etc., that are available through the American National Red Cross, American Canoe Association, and other boating safety oriented programs are recognized. These certifications, however, are in addition to and do not eliminate the necessity of instructors possessing the knowledge, skills, and abilities set forth in paragraph (2)(b), above.

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended 8-1-24, 3-17-26.

Fla. Admin. Code R. 68D-36.104 Minimum Standards for Boating Safety Courses

(1) Each boating safety course taught, whether in a classroom setting or online, pursuant to Section 327.395 or 327.731, F.S., must maintain current approval from the National Association of State Boating Law Administrators and the Florida Fish and Wildlife Conservation Commission.

(2) In addition to minimum course content adopted by the National Association of State Boating Law Administrators, boating safety courses approved for use in the State of Florida shall contain state-specific information covering the following topics.

(a) Personal Watercraft Requirements.

Mandatory wear of personal flotation devices.
Age restrictions to operate or rent.
Hours of operation restrictions.
Wake-jumping concerns and reckless operation.
Causes and prevention of personal watercraft accidents.

(b) Boating Safety Identification Cards.

Age and engine horsepower requirements.
Photographic identification required.

Personal flotation devices for children requirements.
Florida’s adoption of all federal equipment requirements.

(d) Diving vessels, awareness of divers in the water, divers down warning devices, and the requirements of Section 327.331, F.S.

(e) Water Ski, Parasail, and Aquaplane Regulations.

Participants must wear a personal flotation device.
Towing vessels must have either an observer or wide-angle rearview mirror.
Hours restrictions.

(f) Human-powered Vessels Regulated. Human-powered vessel restriction of operation within the marked channel of the Florida Intracoastal Waterway.

(g) Boating Restricted Areas, Manatee Protection Zones, and other areas within which boating is prohibited or in which boating speed is regulated. Regulatory markers including Idle Speed, Slow Speed, and mile per hour restrictions and aids to navigation shall also be covered.

(h) Boating Accidents.

Requirements for reporting accidents.
Remaining on scene/rendering assistance.

(i) Awareness of fish and wildlife with potential impacts to boaters and boating safety, including, but not limited to manatees, whales, dolphins, marine turtles, and sturgeon.

(j) Ecosystem Awareness and potential impacts to boaters and boating safety.

(k) The dangers associated with:

A passenger riding on a seat back, gunwale, transom, bow, motor cover, or any other vessel area not designed and designated by the manufacturer for seating.
A passenger falling overboard.
Operating a vessel with a person in the water near the vessel.
Starting a vessel with the engine in gear.
Leaving the vessel running when a passenger is boarding or disembarking.

(l) The proper use and lifesaving benefits of an engine cutoff switch for motorboats and personal watercraft.

(m) The requirement to operate at a speed no faster than slow speed minimum wake within 300 feet of an emergency vessel when the vessel’s emergency lights are activated and within 300 feet of a construction vessel or barge displaying an orange flag.

(3) For each course approved for use in Florida, the course provider must use the following:

(a) A boating safety workbook or text, or the electronic equivalent.

(b) A final exam of not fewer than 75 questions, including a minimum of 12 Florida-specific questions, with a minimum passing score of 75 percent.

(d) A list of course objectives.

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended 1-31-23, 3-17-26.

Fla. Admin. Code R. 68D-36.105 Proof of Successful Completion of Approved Boating Safety Education Courses

Individuals who have successfully completed an approved boating safety education course in accordance with this chapter and Section 327.395, F.S. will be issued a boating safety identification card by the Commission, which may be issued in digital, electronic, laminated card, or paper format, to be carried on the waters of this state together with photographic identification, as proof of successful completion of the boating safety education course. Alternatively, individuals who have successfully completed an approved course in accordance with Section 327.395, F.S., may carry a state-issued identification card or driver license issued by the Florida Department of Highway Safety and Motor Vehicles bearing a symbol established by the Department indicating possession of a boating safety identification card in accordance with Section 322.051 or 322.14, F.S.

(1) To demonstrate successful completion of an approved boating safety education course individuals must submit a certificate from the course provider which includes the name of the course provider; date of issue; and the student’s first name, middle initial, last name, date of birth, and current mailing address.

(2) Course providers offering approved boating safety education courses, as required by Section 327.395, F.S., may submit student rosters to initiate issuance of boating safety identification cards to students who have successfully completed the course. A roster must include the name of the course provider, the date of course completion, and the name of the primary instructor. In addition, the following information must be provided for each student successfully completing the course:

(a) First name, middle initial, and last name.

(b) Date of Birth.

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended 1-31-23, 8-1-24.

Fla. Admin. Code R. 68D-36.106 Violator Courses

(1) Any person convicted of a non-criminal boating violation listed in Section 327.731, F.S., must thereafter successfully complete a boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida. Proof of successful completion must be filed with the Commission, as provided in Rule 68D-36.105, F.A.C., within 90 days of completion.

(2) Any person convicted of a boating infraction which resulted in a reportable boating accident or convicted of any criminal boating violation must successfully complete a boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida, as provided in subsection (1), and must also complete an approved safe boating course for violators. Such safe boating courses for violators must, at a minimum, include 4 hours of training and cover the following topics:

(a) Florida boating laws.

(b) Causes and prevention of boating accidents.

(d) The use of common sense and common courtesy.

(e) Operating defensively.

The violator course may be taken through an approved electronic, on-line, or home-study program by violators residing in areas where classroom presentation of the course is not available.

(3) Until such time as proof of successful course completion has been filed with the Boating and Waterways Section of the Florida Fish and Wildlife Conservation Commission, the violator’s privilege to operate a vessel in Florida is suspended pursuant to Section 327.731, F.S. It is unlawful to operate any vessel on waters of the state while vessel operation privileges are suspended.

(a) Proof of completion of a violator course required by subsection (2), taken in a classroom setting must include the name of the training facility and instructor, date of course completion, and student’s first name, middle initial, last name, current mailing address, and date of birth.

(b) Proof of completion of a violator course required by subsection (2), taken through an approved electronic, on-line, or home-study course must identify the course provider, the date of course completion, and include the student’s first name, middle initial, last name, current mailing address, and date of birth.

(c) Proof of successful completion of any online violator course shall be filed with the Commission by the course instructor’s completion of the Boating Safety Course Roster, Form FWCDLE 240 (01/24) which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16864 or, in the alternative, the student may submit proof of completion by submitting the course completion certificate with a cover letter stating the course was completed in accordance with Section 327.731, F.S., mandatory education for violators.

Each instructor who teaches a violator course to a person mandated under Section 327.731, F.S., to successfully complete such a course, shall complete a Boating Safety Course Roster, Form FWC/DLE 240 (01/24), for each student who successfully completes the course.
The Boating Safety Course Roster, within 90 days of Course completion must be sent electronically to Bobbercard@myfwc.com or by mail addressed to the Boating and Waterways Section, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.731 FS. History–New 6-9-05, Amended 8-1-24, 3-17-26.

Fla. Admin. Code R. 68D-36.107 Minimum Training Requirements for Personal Watercraft Rentals

History

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.04, 327.39, 327.54 FS. History–New 6-9-05, Amended 4-20-09, Repealed 1-31-23.

Fla. Admin. Code R. 68D-36.108 Florida Boater Education Temporary Certificate Program

(1) Any person administering the Florida Boater Education Temporary Certificate examination under contract with the Florida Fish and Wildlife Conservation Commission must strictly comply with all contract provisions.

(2) Any person administering the Florida Boater Education Temporary Certificate examination is prohibited from providing assistance of any kind to the examinee during the examination and must not allow, suffer, or permit any other person to assist the examinee during the examination. The term “assistance” does not include the provision of reasonable accommodations if required under the Americans with Disabilities Act or s. 501 of the Rehabilitation Act.

(3) Administration of the Florida Boater Education Temporary Certificate examination by paper test provided by the Commission:

Florida Boater Education Temporary Certificate examination paper tests provided by the Commission are assigned to individual liveries, marinas, or other persons and must not be transferred, sold, borrowed, loaned, or shared.

(4) Administration of the Florida Boater Education Temporary Certificate examination online:

(a) Any person administering the Florida Boater Education Temporary Certificate examination online must:

Administer a Commission-approved boater safety education course that meets the minimum instruction requirement established by the National Association of State Boating Law Administrators.
Administer the Florida Boater Education Temporary Certificate examination in an electronic format accessible by computer, tablet, smart phone, and other similar electronic devices.
Utilize a test bank of 100 questions available through the National Association of State Boating Law Administrators and 50 state specific questions approved by the Commission. Each administered examination must include a total of 25 questions. Each temporary certificate examination must include questions covering the following topics:

a. Diving vessels, awareness of divers in the water, divers down warning devices, and the requirements of Section 327.331, F.S.

b. The dangers associated with:

I. A passenger riding on a seat back, gunwale, transom, bow, motor cover, or any other vessel area not designed and designated by the manufacturer for seating.

II. A passenger falling overboard.

III. Operating a vessel with a person in the water near the vessel.

IV. Starting a vessel with the engine in gear.

V. Leaving the vessel running when a passenger is boarding or disembarking.

c. The proper use and lifesaving benefits of an engine cutoff switch for motorboats and personal watercraft.

Require that any 19 of the 25 examination questions be answered correctly before submitting an examinee’s information to the Commission for issuance of the Temporary Certificate. Any score equal to or greater than 19 out of 25 questions answered correctly shall be a passing score.
Within 24 hours of an examinee’s completion of the Florida Boater Education Temporary Certificate examination with a passing score, provide to the Commission electronically the examinee’s first name, middle initial, last name, date of birth, current mailing address, email address, current telephone number, and the date of the examination with the passing score so the Commission can issue the Temporary Certificate.
Provide to an examinee who has received a passing score on the examination with either an emailed or printable proof of a passing score on the examination, including the date of the successful completion.

(b) The commission shall issue an electronic Temporary Certificate to an examinee who has received a passing score within 7 days following receipt of the examinee’s information from the examiner.

(c) A person who has successfully completed the Florida Boater Education Temporary Certificate examination, and who has in his or her possession photo identification and the emailed or printed proof of a passing score on the examination provided in subparagraph (4)(a)6., is exempt from subsection 327.395(1), F.S., for 7 days following successful completion of the online examination.

History

Rulemaking Authority 327.04, 327.395, 327.731 FS. Law Implemented 327.395, 327.54, 327.731 FS. History–New 6-9-05, Amended 8-24-17, 1-31-23.

Fla. Admin. Code R. 68D-36.109 Boating Safety Information to be Displayed at Boat Rental Facilities

History

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.04, 327.39, 327.54 FS. History–New 4-20-09, Repealed 1-31-23.