¹370.11 Fish; regulation.--

1. (1) CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL PROHIBITED.--No person shall take any food fish from the waters under the jurisdiction of the state, for the purpose of making oil, fertilizer or compost therefrom. Purse seines may be used, for the taking of nonfood fish for the purpose of making oil, fertilizer or compost.

2. (2) LENGTH OF SALTWATER FISH REGULATED.--

   1. (a) No person shall take, have in his or her possession, buy, offer for sale, sell, or unnecessarily destroy, at any time, any of the following saltwater fish, of less length than that set forth as follows:

      1. Bluefish of less length than 10 inches from tip of nose to rear center edge of tail.

      2. Fluke or flounder of less than 11 inches from tip of nose to rear center edge of tail.

      3. Mackerel and saltwater speckled trout or spotted weakfish of less than 12 inches from tip of nose to rear center edge of tail.

      4. Black mullet of less length than 11 inches from tip of nose to rear center edge of tail, except:

      a. In waters located west of the Aucilla River to the Alabama line, 9 inches from tip of nose to rear center edge of tail, and

      b. In waters northwesterly of the Citrus-Hernando County line to the Aucilla River, 10 inches from tip of nose to rear center edge of tail. No more than 10 percent of the individuals of any particular species may be undersized according to legal lengths established for that species.

   2. (b) It shall not be unlawful for any person, firm, or corporation to receive, possess, buy, offer for sale, sell, or transport fluke or flounder of a size smaller than indicated in paragraph (a) if proof satisfactory to the Department of Environmental Protection can be furnished showing these fish were received in legitimate interstate commerce transactions, were caught in waters other than the territorial waters of Florida, or were caught in a depth of water so great that they could not be returned to the water alive. The Department of Environmental Protection shall enact such rules as are necessary relating to the method of providing the proof required for the above exceptions.

3. (3) REGULATION; FISH; SHAD, PROTECTION DURING SPAWNING SEASON.--No person may use any purse or drag seine, or build or maintain any dike or pound in any stream, river, or waters of this state, whereby shad may be prevented from running or passing up or through during their spawning season, between December 31 and March 1 of every year.

   1. (a) Fishing for shad between Saturday afternoon and Monday morning; penalty.--Whoever fishes for shad between sundown on Saturday afternoon and sunrise on Monday morning shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083 and by confiscation of the boat and fishing tackle used in such unlawful acts.
   2. (b) Shad; closed season.--It is unlawful for any person to take, have in his or her possession, buy, sell, offer for sale, or ship or for any common carrier to transport any fresh or freshly salted shad, or any fresh or freshly salted shad roe between March 15 and November 15 of each year.
   3. (c) Use of certain gill net for capture of shad; penalty.--No person may place in the rivers of this state any gill net, for the capture of shad, of a less size than 21/2 inches bar from knot to knot, or 5 inches stretched mesh from knot to knot. Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
   4. (d) Fishing for shad with hook and line.--Nothing in this section shall prevent the taking of shad at any time by means of pole and line, rod and reel, plug, bob, spinner, spoon, fly, troll or other natural or artificial bait used with hook and line. However, no person is permitted to take, in 1 day, more than 10 shad by the above methods.

   5. (e) Shad; limitation on taking.--

      1. As used in this paragraph, "anadromous shad" includes American shad (Alosa sapidissima), Hickory shad (Alosa mediocris), and Alabama shad (Alosa Alabamae).

      2. Commercial fishing for anadromous shad shall be for the period from sunup on December 31 until sundown on March 1. Nets or seines shall be clearly marked in such a manner that the identity of the commercial fisher's boat registration number may be readily determined. The commercial fishing period established herein shall be closed in the streams and rivers of the state for 48 consecutive hours each week, and nets shall be removed from the water during this period. The Department of Environmental Protection shall have the authority to set the closed hours each year.

      3. It is unlawful for any person other than those listed in subparagraph 2. to use any nets and seines, including haul seines, drift gill nets, and stake or set gill nets, except for handheld landing nets, for the taking of shad. However, no boat shall contain in excess of 1,000 yards of gill nets of any kind for the taking of shad, and it shall be unlawful for anyone to use stop nets, as defined in s. 370.08(2), for any purpose.

      4. It is unlawful for any person other than those listed in subparagraph 2. to take in 1 day and have in his or her possession more than 10 anadromous shad.

4. (4) REGULATION; FISH; TARPON, ETC.--No person may sell, offer for sale, barter, exchange for merchandise, transport for sale, either within or without the state, offer to purchase or purchase any species of fish known as tarpon (Tarpon atlanticus) provided, however, any one person may carry out of the state as personal baggage or transport within or out of the state not more than two tarpon if they are not being transported for sale. The possession of more than two tarpon by any one person is unlawful; provided, however, any person may catch an unlimited number of tarpon if they are immediately returned uninjured to the water and released where the same are caught. No common carrier in the state shall knowingly receive for transportation or transport, within or without the state, from any one person for shipment more than two tarpon, except as hereinafter provided. It is expressly provided that any lawful established taxidermist, in the conduct of taxidermy, may be permitted to move or transport any reasonable number of tarpon at any time and in any manner he or she may desire, as specimens for mounting; provided, however, satisfactory individual ownership of the fish so moved or transported can be established by such taxidermist at any time upon demand. Common carriers shall accept for shipment tarpon from a taxidermist when statement of individual ownership involved accompanies bill of lading or other papers controlling the shipment. The Division of Marine Resources may, in its discretion, upon application issue permits for the taking and transporting of tarpon for scientific purposes.

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

History.--s. 2, ch. 28145, 1953; ss. 1, chs. 29869, 29877, ss. 1, 2, ch. 29945, s. 24, ch. 29615, 1955; s. 1, ch. 57-372; s. 1, ch. 57-127; s. 1, ch. 59-384; s. 1, ch. 59-473; s. 1, ch. 61-169; ss. 25, 35, ch. 69-106; s. 1, ch. 70-96; s. 285, ch. 71-136; s. 1, ch. 71-154; ss. 1, 1A, 2, ch. 71-156; s. 1, ch. 73-38; s. 1, ch. 74-220; s. 1, ch. 77-95; s. 7, ch. 83-134; s. 2, ch. 84-121; s. 1, ch. 85-163; ss. 9, 17, ch. 85-234; ss. 2, 12, ch. 89-98; s. 224, ch. 94-356; s. 989, ch. 95-148.