SPOTTED SEATROUT 68B-37.002 Definitions. -- As used in this rule chapter: (1) "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. (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 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. (3) "Harvest for commercial purposes" means the taking or harvesting of any spotted seatrout for purposes of sale or with intent to sell. The harvest of spotted seatrout in excess of the applicable recreational bag limit shall constitute harvest for commercial purposes. (4) "Land", when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore. (5) "Northeast Region" means all state waters lying north of the Flagler-Volusia County Line to the Florida-Georgia border, and adjacent federal Exclusive Economic Zone (EEZ) waters. (6) "Northwest Region" means all state waters north and west of a line running due west from the westernmost point of Fred Howard Park Causeway (289.35'N., 8248.398'W.), which is approximately 1.17 miles south of the Pasco-Pinellas County Line, to the Florida-Alabama border, and adjacent federal Exclusive Economic Zone (EEZ) waters. (7) "South Region" means state waters lying between the Flagler-Volusia County Line on the Atlantic Ocean and the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (6), and adjacent federal Exclusive Economic Zone (EEZ) waters. (8) "Spotted seatrout" means any fish of the species Cynoscion nebulosus, or any part thereof. (9) "Total length" means the length of a fish as measured from the most forward point of the head to the hindmost point of the tail. Specific 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, 7-1-00, Formerly 46-37.002. 68B-37.003 Size Limits. -- (1)(a) Recreational Size Limits - Except as provided in paragraph (b), a person subject to a regional bag limit specified in Rule 68B-37.004(1) shall not harvest, possess while in or on the waters of the state, or land any spotted seatrout with a total length less than 15 inches or greater than 20 inches. (b) A person harvesting under a regional bag limit established in Rule 68B-37.004 (1) may harvest, possess while in or on the waters of the state, and land no more than one spotted seatrout per day with a total length greater than 20 inches. (2) Commercial Size Limit - A person harvesting for commercial purposes shall not harvest, possess while in or on the waters of the state, or land any spotted seatrout with a total length less than 15 inches or greater than 24 inches. No person shall buy, sell, or exchange any spotted seatrout with a total length less than 15 inches or greater than 24 inches. (3) All spotted seatrout harvested in or from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters 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 a spotted seatrout that has been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of spotted seatrout, 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 11-1-89, Amended 1-1-96, 8-1-96, 7-1-00, Formerly 46-37.003. 68B-37.004 Regional Bag Limits; Closed Seasons. -- (1) Regional bag limits. - Except as provided in Rule 68B-37.005 and subject to the closed seasons specified in subsection (2), no person shall harvest more spotted seatrout per day or possess at any time, 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, more spotted seatrout than the specified bag limit established in this subsection within the following identified regions: (a) South Region - Four (4) spotted seatrout. (b) Northwest and Northeast Regions - Five (5) spotted seatrout. (2) Regional season closures - No person shall harvest any spotted seatrout within the specified region during the closed seasons established in this subsection. During the specified closed season, the possession of spotted seatrout while in or on the waters of the specified region or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters is prohibited. (a) South Region - Beginning on November 1 and continuing through December 31 each year, the season for the harvest of spotted seatrout is closed in the South Region. During this closed season, no person shall land any spotted seatrout harvested in the Northeast or Northwest Region in the South Region. (b) Northwest and Northeast Regions - Beginning on February 1 and continuing through the last day of February each year, the harvest of spotted seatrout is closed in the Northwest and Northeast Regions. During this closed season, no person shall land any spotted seatrout harvested in the South Region in the Northwest or Northeast Region. Specific 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, 7-1-00, Formerly 46-37.004. 68B-37.004 Regional Bag Limits; Closed Seasons. (1) Regional bag limits - Except as provided in Rule 68B-37.005, F.A.C. and subject to the closed seasons specified in subsection (2), no person shall harvest more spotted seatrout per day or possess at any time, 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, more spotted seatrout than the specified bag limit established in this subsection within the following identified regions: (a) South Region - Four (4) spotted seatrout. (b) Northwest and Northeast Regions - Five (5) spotted seatrout. (2) Regional season closures - No person shall harvest any spotted seatrout within the specified region during the closed seasons established in this subsection. During the specified closed season, the possession of spotted seatrout while in or on the waters of the specified region or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters is prohibited. (a) South Region - Beginning on November 1 and continuing through December 31 each year, the season for the harvest of spotted seatrout is closed in the South Region. During this closed season, no person shall land any spotted seatrout harvested in the Northeast or Northwest Region in the South Region. (b) Northwest and Northeast Regions - Beginning on February 1 and continuing through the last day of February each year, the harvest of spotted seatrout is closed in the Northwest and Northeast Regions. During this closed season, no person shall land any spotted seatrout harvested in the South Region in the Northwest or Northeast Region. Specific 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. 68B-37.005 Commercial Season and Daily Harvest Limit. (1) Commercial Season - The harvest of spotted seatrout for commercial purposes shall be limited each year to the period beginning June 1 and continuing through August 31. Such harvest is limited to persons possessing a valid saltwater products license with a restricted species endorsement. (2) Prohibition of Sale - Once the commercial season specified in subsection (1) is closed, the purchase, sale, or exchange of spotted seatrout harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters is prohibited, beginning on the date specified in paragraph (a) and continuing through the following May 31. (a) This prohibition shall be effective beginning 5 days after the season specified in subsection (1) is closed. (b) This prohibition shall not apply to spotted seatrout legally harvested outside Florida or adjacent federal Exclusive Economic Zone (EEZ) waters, which spotted seatrout have entered the State of Florida in interstate commerce. The burden shall be upon any person possessing spotted seatrout during the period sale is prohibited 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 or adjacent federal Exclusive Economic Zone (EEZ) waters, and entered the state in interstate 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) Commercial Daily Harvest Limit - Each person harvesting spotted seatrout for commercial purposes pursuant to subsection (1) of this rule shall be governed by a daily harvest limit of 75 spotted seatrout per day. No such harvester shall possess while in or on state waters more than 75 spotted seatrout; provided, however, that the possession of more than 75 spotted seatrout aboard any vessel in or on state waters, irrespective of the number of commercial licensees aboard, is prohibited. The landing of more than 75 spotted seatrout from a single vessel in any single day is prohibited. The towing of any vessel in order to exceed the commercial daily harvest limit established by this subsection is prohibited. Specific 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. 68B-37.006 Gear Specifications and Prohibited Gear; Bycatch Allowance. (1) The harvest of any spotted seatrout, within or without the waters of the state, by or with the use of any multiple hook in conjunction with live or dead natural bait is prohibited. Snagging (snatch hooking) of spotted seatrout in or from state waters is prohibited. (2) The harvest or attempted harvest of any spotted seatrout by or with the use of any gear other than a cast net or hook and line gear is prohibited. (3) The simultaneous possession aboard a vessel of any gill net or entangling net together with any spotted seatrout is prohibited. Specific 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.