MULLET 68B-39.001 Purpose and Intent; Repeal of Certain General and Special Acts; Designation as Restricted Species.-- (1) The purpose and intent of this chapter are to protect and conserve Florida's mullet 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 Section 370.11(2)(a)7., Florida Statutes, and the remainder of Section 370.11(2)(a), Florida Statutes, as it pertains to mullet. (3) It is the intent of this chapter to repeal and replace the following special acts (local laws), which are rules of the Department of Natural Resources pursuant to subsection (5) of section 2 of Chapter 83-134, as amended by Chapter 84-121, Laws of Florida. (a) Chapter 21429, Laws of Florida (1941), which regulates the taking of mullet in Okaloosa County. (b) Chapter 26115, Laws of Florida (1949), which regulates the taking of mullet in Palm Beach County. (c) Chapter 57-1320, Laws of Florida (1957), which allows the taking of mullet smaller than 12 inches in length for bait and provides for the licensing of mullet dealers, in Flagler County. (d) Chapter 61-1998, Laws of Florida (1961), which regulates the taking of mullet in Citrus County. (e) Chapter 69-948, Laws of Florida (1969), which allows the taking of mullet smaller than 12 inches in length for bait and provides for the licensing of mullet dealers, in Clay County. (4) Mullet are hereby designated as a restricted species pursuant to Section 370.01(20), Florida Statutes. Specific 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 Florida, as amended by Chapter 84-121, Laws of Fla. History - New 10-19-89, Amended 9-1-91, 11-16-98, Formerly 46-39.001. 68B-39.002 Definitions. -- As used in this rule chapter: (1) "Fork length" means the length of a fish as measured from the tip of the snout to the rear center edge of the tail. (2) "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 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. (3) "Harvest for commercial purposes" means the taking or harvesting of any mullet for purposes of sale or with intent to sell. Mullet harvest in excess of the recreational bag limit, shall constitute harvest for commercial purposes. (4) "Land," when used in conjunction with the harvest of fish, means the physical act of bringing the harvested fish ashore. (5) "Mullet", also commonly known as black or striped mullet, means any fish of the species Mugil cephalus, or any part thereof. (6) "Skimmer net" means a net in the form of an elongated bag kept open by a rigid L-shaped frame together with a weight. Such nets are deployed in tandem on either side of a vessel and are not towed or dragged along the sea bottom. (7) "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). (8) "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 or any aircraft designed to maneuver on water. (9) "Weekend" means that portion of a week commencing at 4:00 p.m. on Friday and ending at 8:00 a.m. the following Monday. Specific 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. 68B-39.003 Size Limit; Exception.-- (1) A person harvesting pursuant to Rules 68B-39.005 through 68B-39.008, shall not harvest or possess, while in or on the waters of the state, a quantity of mullet smaller in size than 11 inches fork length, which quantity exceeds 10 percent of the total whole weight of all mullet in possession of the harvester at any time. (2) All mullet harvested for commercial purposes within or without the waters of the state shall be landed in a whole condition. The possession, while in or on state waters, of a mullet harvested for commercial purposes that has been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of such mullet, or mere removal of gills before landing is not prohibited. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 10-19-89, 10-5-92, Formerly 46-39.003. 68B-39.004 Bag Limit.-- Except as provided in Rules 68B-39.0045 - 68B-39.008: (1) No person shall harvest, within or without the waters of the state, more than 50 mullet per day; provided, however, that two or more harvesters aboard a single vessel in or on the waters of the state shall be subject to the vessel possession limit specified in subsection (2). (2) (a) During the period beginning September 1 each year and continuing through January 31 of the following year, the possession of more than 50 mullet aboard a vessel in or on the waters of the state 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 mullet aboard a vessel in or on the waters of the state at any time is prohibited. Specific 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, 3-30-00, Formerly 46-39.004. 68B-39.0045 Seasonal Bag Limit for Portion of Pinellas County.-- (1) During the period beginning October 1 and continuing through the following January 31 each year, no person, including those harvesting pursuant to Rules 68B-39.005 and 68B-39.008, shall harvest within the areas described in subsection (3), more than five mullet per day. However, if there are two or more harvesters aboard a single vessel in the areas described in subsection (3), the vessel possession limit specified in subsection (2) shall apply. (2) The possession of more than 5 mullet aboard a vessel in the areas described in subsection (3) is prohibited. (3) The closure area shall include the following described areas: (a) 1. Riveria Bay and Bayou Grande, commonly known as Papy's Bayou, together with their interconnecting waters, the entrance to which is defined by a line running from the southeast (SE) corner of the west half (W1/2) of the southwest quarter (SW1/4) to the northwest (NW) corner of said west half (W1/2) of the southwest quarter (SW1/4) of Section thirty-four (34), Township thirty (30) south, Range seventeen (17) east. 2. Placido Bayou, commonly known as Smack's Bayou, Snell Isle Harbour, and Coffee Pot Bayou, together with certain inlets and shore indentions of Tampa Bay, and a portion of Tampa Bay lying between said Bayous, the entrance of which is defined by a line running from the intersection of the east (E) line of the west half (W1/2) of the west half (W1/2) of the northeast quarter (NE1/4) of Section nine (9) with the shore line of Tampa Bay, thence south (S) to the south (S) line of the north half (N1/2) of the north half (N1/2) of the unsurveyed Section sixteen (16) thence west (W) to the intersection of the south (S) line of the north half (N1/2) of the north half (N1/2) of Section seventeen (17) with the shore line of Tampa Bay, being in and a part of Township thirty-one (31) south, Range seventeen (17) east. (b) Beginning at the end point of Second Avenue NE (at the point that Second Avenue NE intersects with the Municipal "Pierhead"), proceed north to Marker 3 -- 27' 47. 33N 082' 36. 65W -- in St. Petersburg Small Boat Channel "L" (better known as "Coffee Pot Channel"); then proceed north to Marker 3 -- 27' 47.46N 082' 36.13W -- in St. Petersburg Small Boat Channel "N" (better known as "Snell Isle Channel"); then proceed north following the shoreline 200 yards offshore to a point approximately 750' north of the southern edge of Weedon's Island. Then proceed south following the shoreline of Weedon Island to Tampa Bay to the entrance of the waters of Bayou Grande (commonly known as Papy's Bayou) running south along the entrance which is defined by a line running from the southeast (SE) corner of the west half (W 1/2) of the southwest quarter (SW 1/4) to the northwest (NW) corner of said west half (W 1/2) of the southwest quarter (SW 1/4) of Section thirty-four (34), Township thirty (30) south, Range seventeen (17) east. Then proceed southeast along the shoreline legally described as Venetian Isles Subdivision, Unit 6, Block 14, Lots 1 - 13; then proceed south across Tampa Bay to a point that intersects with the shoreline legally described as Venetian Isles Subdivision, Unit 4, Block 11, Lots 24 and 25; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles, Unit 2, Block 7, Lot 17; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles Subdivision, Block 8, Lots 16 and 17; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles Subdivision, Unit Five, Block 12, Lot 16; then proceed southeast in Tampa Bay to the point of intersection legally described as Venetian Isles Subdivision, Unit Seven, Block 16, Lot 15; then proceed southeast in Tampa Bay to a point of intersection legally described at the shoreline as Venetian Isles Subdivision, Unit 8, Block 17, Lots 47 and 48; then proceed south along the shoreline of the Venetian Isles Subdivision, Unit 8, Block 17, Lots 16 - 46; then proceed west along the property line of Venetian Isles Subdivision, Unit 8, Block 17, Lot 15; then proceed west in Tampa Bay to a point of intersection legally described as Venetian Isles Subdivision, Unit 3, Block 9, Lot 17; then proceed southwest in Tampa Bay to a point of intersection at the shoreline legally described as the Revised Plat of Overlook Section of Shore Acres, Block 1, Lot 1; then proceed southwest along the shoreline legally described as the Revised Plat of the Overlook Section of Shore Acres, Block 1 and Block 2, Lots 1 - 34; proceed in Tampa Bay to the entrance of Placido Bayou (commonly known as Smack's Bayou), Snell Isle Harbour, and Coffee Pot Bayou, together with certain inlets and shore indentions of Tampa Bay, and a portion of Tampa Bay lying between said Bayous, the entrance of which is defined by a line running from the intersection of the east (E) line of the west half (W 1/2) of the west half (W 1/2) of the northeast quarter (NE 1/4) of Section nine (9) with the shoreline of Tampa Bay, thence south (S) to the south (S) line of the north half (N 1/2) of the north half (N 1/2) of the north half (N1/2) of Section seventeen (17) with the shore line of Tampa Bay, being in and a part of Township thirty-one (31) south, range seventeen (17) east; then proceed south along the shoreline of the City-owned property identified as Flora Wylie, North Shore and Vinoy Parks; then proceed west along the shoreline of Fifth Avenue NE to the intersection with Bayshore Drive NE; then proceed south along the shoreline of Tampa Bay adjacent to Bay Shore Drive NE; then proceed east along the northern shoreline adjacent to Second Avenue NE from Locust St. NE (extended) for a distance of 2200' to the point of beginning (POB). Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 10-5-92, Formerly 46-39.0045. 68B-39.0046 Seasonal Night Closure 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 person, including those harvesting pursuant to Rules 68B-39.005 through 68B-39.008, shall harvest or attempt to harvest, within the area described in subsection (2), any mullet during the period beginning 6:00 p.m. each evening and continuing until 6:00 a.m. the following morning. No person shall possess any mullet in, on, or above the waters of the area during this nightly closure. (2) The provisions of subsection (1) shall apply within the following described area of Punta Gorda, Charlotte County, Florida: Commence at a point 300 feet north of the intersection of the eastern boundary of Section 11, T41S, R22E, with the mean high water line of the Peace River; thence, run westerly, southerly, and easterly along a line parallel to and 300 feet waterward of the mean high water line of the Peace River and Charlotte Harbor to the intersection of said line with the southern boundary of Section 25, T41S, R22E; thence, run easterly, along the southern boundary of said Section 25 and the southern boundary of Sections 30 and 29, T41S, R23E, to the southeast corner of said