B-31.0156 Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition

(1) It is the intent of this rule to effect the repeal of and replace Section 370.156, F.S. (1995). The Marine Fisheries Commission has determined that the repeal and replacement of this statutory provision will not adversely affect the shrimp resources of the counties of the Florida East Coast Shrimp Bed or of the State of Florida.

(2)(a) Except as provided in paragraph (b), no person shall operate as a food shrimp producer during the months of April or May each year in any waters of the Florida East Coast Shrimp Bed.

(b) Paragraph (a) shall not apply to any person operating as a food shrimp producer during these two months in state waters east of 81°20' 00" West Longitude and north of 30°20' 00" North Latitude.

(3) For purposes of this rule the term “Florida East Coast Shrimp Bed” means all state waters of Nassau, Duval, Clay, Putnam, St. Johns, Flagler, Volusia, Seminole, Brevard, Indian River, and St. Lucie Counties.

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.

68B-31.0157 East Coast: Night Trawling Prohibited; Exception.

No person shall harvest or attempt to harvest shrimp in or from Florida waters in any county whose coastal boundary borders solely on the Atlantic Ocean by use of a trawl during night hours except during the months of June, July, and August.

For purposes of this rule and Section 379.246, F.S., Tortugas Shrimp Beds are described as follows: 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°34.741'N, 82°35.113'W (Rebecca Shoals Light); 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 Territorial Sea boundary to a point located at 24°27.200'N, 81°58.900'W; thence proceed due east to a point located at 24°27.236'N, 81°52.650'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.

(3) No person shall operate as a food shrimp producer within the area known as the Tortugas Shrimp Beds, except as may be specifically authorized by federal regulations for the portion of the area lying in federal Exclusive Economic Zone (EEZ) waters. Within state 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.

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.

68B-31.017 Big Bend Region Closed Areas; Seasonal Closures.

(1) Beginning January 1, 1994, no person shall harvest shrimp in 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 flashing channel marker #1 in St. Marks Channel; thence northerly to the St. Marks Lighthouse. Points B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, and S are expressed as follows by longitude and latitude:

North West

Point Latitude Longitude

B 28°16.68' 82°47.21'

C 28°18.28' 82°45.68'

D 28°26.93' 82°45.95'

E 28°28.43' 82°44.49'

F 28°43.53' 82°45.22'

G 28°44.38' 82°46.71'

H 28°57.91' 82°47.53'

I 28°59.41' 82°50.41'

J 29°03.28' 82°50.66'

K 29°06.91' 82°57.81'

L 29°03.38' 83°01.42'

M 29°07.30' 83°08.78'

N 29°22.98' 83°15.89'

O 29°29.58' 83°26.72'

P 29°38.25' 83°26.66'

Q 29°43.36' 83°34.39'

R 29°52.40' 83°40.11'

S 30°00.04' 84°07.63'

(2) No person shall harvest shrimp in the Big Bend Region as a food shrimp producer during the period beginning July 1 and continuing through August 31 of each year.

(1) Pursuant to public hearings held in the affected counties on June 26, 27, and 29, 1989, as required by paragraph (5)(d) of section (2) of Chapter 83-134, Laws of Florida, and after making specific findings of fact required by the same provision, the Marine Fisheries Commission hereby repeals the following special acts, or portions thereof, which were made rules of the Department of Environmental Protection (formerly the Department of Natural Resources) by section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida:

(a) Subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), and (13) of section 4 of Chapter 65-905, Laws of Florida, as amended by Chapters 68-77 and 76-380, Laws of Florida. Applicable to Wakulla, Franklin, and Gulf Counties, these provisions of the special acts deal with prescribed shrimp count, shrimping gear specifications, State Board of Conservation authority to close areas to shrimping, and a prescribed shrimp sampling regime.

(b) Chapter 67-1063, Laws of Florida, as amended by Chapter 81-377, Laws of Florida. Applicable to Franklin County, these special acts deal with prescribed shrimp count, sampling regime, and areas and times for shrimping.

(c) Chapter 72-546, Laws of Florida, as amended by Chapter 79-460, Laws of Florida. Applicable to Franklin County, these special acts provide for open and closed seasons for shrimp harvest east of the Bryant Patton Bridge in Apalachicola Bay and St. George Sound.

(2) The following described waters of Franklin County are closed to the harvest of shrimp year-round:

(a) All inland waters north of the John Gorrie Bridge in Apalachicola Bay, beginning at the west end of the John Gorrie Memorial Bridge (US Highway 98), then following the shoreline, including all bays and tributaries north of the bridge, northerly, easterly, then southerly back to the east end of John Gorrie Memorial Bridge, then westerly across the bridge to the point of beginning.

(b) 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.

(c) All waters of Sheepshead Bayou internal to St. Vincent Island.

(d) 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.

(3) All waters of Apalachicola Bay and St. Vincent Sound in Franklin County are closed to the harvest of shrimp between the hours of official sunrise and official sundown, beginning on July 15 and continuing through September 14 each year.

(4) The waters of Franklin County within the following described boundaries are closed to the harvest of shrimp beginning on September 15 and continuing through December 31 each year:

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°44.566'N, 84°45.766'W; thence along the south boundary of the ICW Channel to St. George Sound Light 21, located at 29°43.362'N, 84°48.478'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.

(5) The waters of Franklin County within the following described boundaries are closed to the harvest of shrimp beginning on March 1 and continuing through May 31 each year:

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°0.755'W; thence southeasterly to Apalachicola River Entrance Light 2, located at 29°40.167'N, 84°58.127'W; thence northerly along the eastern boundary of the Apalachicola Shipping Channel to the western landfall of the John Gorrie Memorial Bridge (US Highway 98); thence westerly along the shoreline of Apalachicola Bay to the point of beginning.

(6) All waters of Indian Lagoon and St. Vincent Sound in Gulf County are closed to the harvest of shrimp year-round.

(7) All waters of Ochlockonee Bay and the Ochlockonee River and its tributaries in Franklin and Wakulla Counties west of the US Highway 98 Bridge across the bay and all waters of Chaires Creek south of its mouth on Ochlockonee Bay in Franklin County are closed to the harvest of shrimp year-round.

(8) All waters of Apalachee Bay and all tributaries, bays, or bayous in Wakulla County landward of the following described line are closed to food shrimp production and live bait shrimp production year-round:

Beginning at the St. Marks Lighthouse, located at 30°04.428'N, 84°10.779'W, proceed southerly on a straight line to flashing St. Marks River Lighted Buoy 1, located at 30°01.515'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°01.67'N, 84°20.24'W; thence southwesterly to a point located at 29°59.90'N, 84°21.80'W; thence southeasterly to a point at 29°58.60'N, 84°20.23'W, at the Colregs Demarcation Line; thence southerly along the Colregs Demarcation Line to the shoreline at Ochlockonee Point.

(9) It is unlawful to engage in food shrimp production in the following area: that portion of Santa Rosa Sound lying in Escambia, Santa Rosa, and Okaloosa Counties and between Brooks Bridge as the east boundary and Bascule Bridge in Santa Rosa County as the west boundary.

(1) No person shall operate as a food shrimp producer in any waters of Tampa Bay unless such person has procured from the Fish and Wildlife Conservation Commission a dead shrimp production permit issued pursuant to this rule.

(2) No permit will be issued and no permit will be renewed except those permits issued in the base year of 1992. A food shrimp production permit will be renewed and issued to persons qualified pursuant to the following criteria:

(a) Each applicant for renewal shall make application prior to June 30 each year on a form provided by the Commission (DMF-SL3100 (3-05), Food Shrimp Production Permit Application, incorporated herein by reference).

(b) One permit is required for each vessel used for food shrimp production in the waters of Tampa Bay. A permit shall be renewable only 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 permits shall be issued to any individual.

(c) Each application shall be accompanied by fees as provided in Section 379.369, F.S.

(d) Each applicant for renewal shall make application prior to June 30 each year, and shall hold any other license or registration required to operate a commercial fishing vessel in Tampa Bay on the date of application.

(e) The number of permits outstanding in any one year shall not exceed the number issued in 1992.

(f) No permit shall be transferable by any method, including devise or inheritance, and a permit shall be renewable only by the initial holder thereof.

(3) All permits not renewed pursuant to subsection (2), by June 30 in each year for any reason shall expire and shall not be renewable under any circumstances.

(4) No person harvesting food shrimp from Tampa Bay shall sell such shrimp to any person unless such seller is in possession of a food shrimp production permit issued pursuant to this rule. Except for purchases from other wholesale dealers, no wholesale dealer, as defined in Section 379.362(1)(a)3., F.S., shall purchase food shrimp harvested in Tampa Bay, unless the seller produces his or her food shrimp production permit prior to the sale of the shrimp.

(5) The operator of any vessel used in Tampa Bay for food shrimp production shall possess while in or on the waters of the bay and produce upon the request of any duly authorized law enforcement officer a current food shrimp production permit issued for the vessel pursuant to this rule.

(6) Each person harvesting shrimp in Tampa Bay pursuant to the permit required by this section shall comply with all rules of the Commission regulating such harvest.

(7) For purpose of this section, “Tampa Bay” means all the waters of the bay east and north of the Sunshine Skyway Bridge (U.S. 19 and Interstate 275).