§ 4-54. Regulation of shrimp or prawn.

(a)

Closing of bays or sounds. It is unlawful to fish for, take, possess, buy, sell, transport or destroy shrimp or prawn from any of the bays or sounds of Gulf, Franklin and Wakulla Counties which shall be closed to the taking of shrimp or prawn by law, or by any rule or regulation of the state board of conservation.

(b)

Breeding ground. All of that area of the waters of Franklin County beginning at the southwest end of Cat Point in Apalachicola Bay on a south southeasterly line to flashing light number C(46), north northwest of Bulkhead Shoal, thence south southwest along a straight line to flashing lights C(52), C(58), C(64), C(70), and to a corner at flashing light C(76), thence north northwesterly to the west end of the John Gorrie Memorial Bridge, then following the shoreline all bay areas north of the John Gorrie Memorial Bridge, thence back to the southwest end of Cat Point, is hereby set aside and established as a breeding ground for shrimp and prawn, and it shall be unlawful to fish for, take, possess, deal in, in any manner, or destroy any shrimp or prawn in or from said area at any time, the same being permanently closed to the taking of shrimp or prawn. The operation of any fishing boat or vessel in said closed area with shrimp nets or other shrimp and prawn paraphernalia aboard otherwise than in direct transit to or from areas not closed to fishing for shrimp and prawn, shall be prima facie evidence of the violation of this section.

(c)

[Repealed, as to Franklin County, by Laws of Fla., Ch. 67-1063, § 3].

(d)

Nets—Mesh. After January 1, 1966, it is unlawful to fish for or take shrimp or prawn in any of the bays or sounds of Gulf, Franklin and Wakulla Counties with any net with a mesh smaller than one-inch bar or two-inch stretch. The possession on the fishing grounds of any net designed or rigged for shrimp fishing and of smaller mesh than herein provided, shall be prima facie evidence of the violation of this section by the person so in possession thereof.

(e)

Same—Number. It is unlawful to fish for shrimp or prawn with more than one (1) net or device to any one (1) boat at one (1) time in the bays or sounds of Franklin and Wakulla Counties provided that one (1) try net not longer than fourteen (14) feet as measured at the cork line fished in addition to one (1) other net or device shall not be deemed in violation of this section.

(f)

Undersized shrimp or prawn. It is unlawful at any time or place within Gulf, Franklin and Wakulla Counties to continue fishing for, or taking shrimp or prawn, when at such time and place the average haul produces shrimp or prawn under the minimum size permitted by law to be taken, the purpose of this provision being to prohibit the taking from the waters and consequent destruction of large quantities of undersized shrimp or prawn in the process of taking legal size shrimp or prawn. The agents of the state board of conservation are authorized to enforce this provision by ordering the discontinuance of fishing for shrimp or prawn in the area in the immediate vicinity of which such illegal shrimp or prawn are being taken for such time as may be necessary to prevent the taking and destruction of such illegal shrimp and prawn, and the failure or refusal to comply with any such order of a conservation agent shall be deemed a violation of this law [this division].

(g)

Evidence of violation. The possession aboard any fishing boat or vessel of any net or device designed or rigged for taking shrimp or prawn on the fishing grounds of any bay or sound within the jurisdiction of Gulf, Franklin and Wakulla Counties, at any time when the season for taking shrimp or prawn within said counties is prohibited by law, or by any rule or regulation of the board of conservation, excepting only when such boat or vessel is in direct transit to or from points beyond the limits of said counties where such nets or devices may be lawfully used at such time, shall be prima facie evidence of violation of this act [this division].

(h)

When laws apply. At any time when the open or closed season for taking shrimp or prawn in the bays or sounds of Gulf, Franklin and Wakulla Counties, or in any area thereof, has not been fixed or established by any rule or regulation by the state board of conservation, then such open or closed season shall be governed by existing laws.

(i)

Cork lines; lead lines. It is unlawful for any person, firm or corporation to take shrimp in any of the bays or sounds of Franklin and Wakulla Counties with a seine, net or other device having a cork line length of more than fifty (50) feet (wet or dry), said cork line length being a distance of fifty (50) feet from the place where the net ties onto the cork line on one (1) end, to the place where the net ties onto the cork line on the other end; the said cork line, being the top line of the net or device, shall not have a lead line to exceed sixty-two (62) feet in length, such sixty-two (62) feet to extend from the place where the net ties onto the lead line on one (1) end, to the place where the net ties onto the lead line on the other end. In the St. Joseph Bay, Gulf County, it shall be unlawful under this subsection to employ any nets (measured at cork line), other than one (1) sixty-foot or two (2) thirty-foot nets.

(j)

Devices rigged for shrimping. In any bays or sounds of Franklin and Wakulla Counties, it is unlawful for any person, firm or corporation to drag or take shrimp upon any vessel or water-borne craft employing or equipped to employ more than one (1) net or device rigged for shrimping. The term "rigged for shrimping" means that the net is shackled, tied and connected to trawl boards and tow cables and is therefore in a condition ready to fish or trawl.

(k)

Try net; lines. In addition to one (1) net per vessel, as allowed in subsection [j], it is permissible to have available and to operate one (1) try net per vessel, for sampling only. Such try net or sampling net shall not have a cork line to exceed fourteen (14) feet in length; such fourteen (14) feet to extend from the place where the net ties onto the cork line on the other end and shall not have a lead line to exceed twelve (12) feet in length, such twelve (12) feet to extend from the place where the net ties onto the lead line on one (1) end, to the place where the net ties onto the lead line on the other end.

(l)

[Repealed, as to Franklin County, by Laws of Fla., Ch. 67-1063, § 3; also repealed by Laws of Fla., Ch. 68-77, § 1]

(m)

Shrimp; samples; live bait procedures.

(1)

For the purpose of this subsection, and to facilitate the regulation of shrimp undertaken herewith, the following definitions are established:

a.

A "sample" consists of one (1) or more shrimp taken from an accurately defined part of the costal waters of such counties referred to in section 1 [section 4-51].

b.

A "series" consists of ten (10) or more samples taken within a period of not more than one (1) week, each sample being taken at a different station within the pattern.

c.

A "pattern" consists of ten (10) or more stations set up at appropriate places on the shrimping grounds of such counties referred to in section 1 [section 4-51].

d.

A "station" is the location, on the shrimping grounds of such counties referred to in section 1 [section 4-51] where a shrimp sample is taken.

e.

"Director" means the director of conservation as provided for in section 370.02(3)(a), Florida Statutes.

(2)

The director shall have a complete series of shrimp samples taken at established stations within the pattern at reasonable frequent intervals.

(3)

Whenever the samples so taken indicate that the shrimp in any particular area are undersized, the director shall announce those findings in a newspaper of general circulation. Such announcement shall carry with it a statement that pursuant to law the area having small shrimp is closed to shrimp catching of any kind. These facts shall also be posted in the county courthouse. Any area so closed shall be closed to all types of nets whether large commercial type trawls or small try nets.

(4)

["]Undersized shrimp["] are defined as shrimp or prawn that require more than fifty-five (55) with the heads and seventy (70) without the heads to make a pound.

(5)

Whenever an area which is closed due to [the] presence of undersized shrimp is shown by later sampling to have shrimp which are not undersized, the director shall make these findings public in a newspaper of general circulation. He shall also announce that, pursuant to law, the area is open to the taking of shrimp. These facts shall also be posted in the county courthouse.

(6)

Whenever it appears that they will thereby not cause harm to shrimp productivity, live bait shrimp producers may continue to operate in areas not closed to the taking of shrimp. Said live bait shrimp producer shall, while shrimping, use some method to prevent harm to those shrimp in his possession as directed by the department of natural resources or its duly authorized agents; and further, said live bait shrimp producer shall not have more than ten (10) pounds of dead shrimp in his possession at any time.

(Laws of Fla., Ch. 65-905, § 4; Laws of Fla., Ch. 76-380, § 2)

Editor's note

See editor's note following § 4-52.