Section 68B-13.008 - Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer(1) Gear. It is unlawful to use any device in the taking of stone crabs that can puncture, crush, or injure the crab body, such as spears, grains, grabs, hooks, or similar devices.(2) Trap Construction. No person, firm, or corporation shall transport on the water, fish with, or cause to be fished with, set, or placed, in the harvest of stone crabs, any trap which does not meet the following requirements: (a) Each trap shall be constructed of either wood, plastic, or wire.(b) Traps shall have a maximum dimension of 24 inches, by 24 inches, by 24 inches or a volume of 8 cubic feet.(c)1. The throat or entrance to all wood and plastic traps shall be located on the top horizontal section of the trap. a. The use of round throats is prohibited in state and federal waters off Collier, Monroe, and Miami-Dade counties. In state and federal waters off Collier, Monroe, and Miami-Dade counties, the smallest inside opening of the throat shall not exceed 5 1/2 inches in the longer dimension and shall not exceed 3 1/8 inches in the shorter dimension.b. For traps fished anywhere other than state or federal waters off Collier, Monroe, or Miami-Dade counties, if the throat is longer in one dimension, the throat size in the longer dimension shall not exceed 5 1/2 inches and in the shorter dimension shall not exceed 3 1/2 inches. If the throat is round, the throat size shall not exceed 5 inches in diameter.2. Each throat (entrance) in any wire trap used to harvest stone crabs shall be horizontally oriented. The width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, shall be greater than the height of any such opening. No such throat shall extend farther than 6 inches into the inside of any trap, measured from where the throat opening meets the vertical wall of the trap to the throat opening at its farthest point from the vertical wall, inside the trap.3. Each wire trap used to harvest stone crabs shall have at least three unobstructed escape rings, each with a minimum opening diameter of 2 3/8 inches. One such escape ring shall be located adjacent to each crab retaining chamber.4. Each plastic and wood trap used to harvest stone crabs must have at least one unobstructed escape ring with a minimum opening diameter of 2 3/16 inches, and by October 5, 2024, such escape ring must be located within a vertical exterior trap wall.5. Each plastic or wire trap used to harvest stone crabs shall have a degradable panel.a. A plastic trap shall be considered to have a degradable panel if it contains at least one sidewall with a rectangular opening no smaller in either dimension than that of the throat. This opening must be obstructed with a cypress or untreated pine slat or slats no thicker than 3/4 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.b. A wire trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:(I) The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed.(II) The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed.(III) The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2 inches in length by 3/8 inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed.(IV) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed.(V) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.(VI) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed.(VII) The trap contains at least one sidewall with a rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by galvanized staples 16 gauge or thinner, rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed.(3) Commercial Trap Marking Requirements. (a) Each trap used must have the trap owner's stone crab endorsement number permanently attached. In addition, the stone crab endorsement number shall be affixed in legible figures at least two inches high on each buoy used. A valid commercial saltwater products license with the corresponding stone crab endorsement number must be on the boat and the license and stone crab claws shall be subject to inspection at all times. Except as provided in paragraph (4)(c), of this rule, no more than two stone crab endorsement numbers shall be used on a single vessel.(b) A buoy or time release buoy shall be attached to each trap or at each end of a weighted trap trotline. The buoy shall be constructed of styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of sufficient strength and buoyancy to float, and be of such color, hue, and brilliancy as to be easily distinguished, seen, and located. Buoys shall be either spherical in shape with a diameter no smaller than 6 inches or some other shape so long as it is no shorter than 10 inches in the longest dimension and the width at some point exceeds 5 inches. No more than 5 feet of any buoy line attached to a buoy used to mark a stone crab trap or attached to a trotline shall float on the surface of the water.(c) The buoy color and endorsement number shall also be permanently and conspicuously displayed on any vessel used by a person harvesting for commercial purposes for setting and collecting said traps and buoys, so as to be readily identifiable from the air and water, in the following manner:1. From the Air - The buoy design approved by the Commission shall be displayed and be permanently affixed to the uppermost structural portion of the vessel and displayed horizontally with the painted design up. The display shall exhibit the harvester's approved buoy design, unobstructed, on a circle 20 inches in diameter, outlined in a contrasting color, together with the endorsement number permanently affixed beneath the circle in numerals no smaller than 10 inches in height.2. From the Water - The buoy design approved by the Commission shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the harvester's approved buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the endorsement number permanently affixed beneath the circle in numerals no smaller than 4 inches in height.(4) Trap Working Regulations. (a) It is unlawful for any person to place traps in the navigation channels of the intracoastal waterways, or in navigation channels maintained and marked by the Corps of Engineers, Coast Guard, State of Florida, or any county or municipal government.(b) Traps may be worked during daylight hours only, and the pulling of traps from one hour after official sunset until one hour before official sunrise is prohibited.(c) During any time of the year when it is legal to transport stone crab traps, a harvester shall obtain permission from the Division of Law Enforcement to allow another person to transport, deploy, pull, or retrieve his or her traps.1. Permission shall be granted upon receipt of a written statement signed by both the commercial harvester seeking to have his or her traps pulled and the person designated to pull the traps.a. Such written statement shall contain the following:(I) The reason the harvester needs to have his or her traps pulled,(II) The numbers of the saltwater products license and stone crab endorsement of both, the harvester seeking to have the traps pulled and the person who will be pulling the traps,(III) The buoy colors of the harvester seeking such permission,(IV) The name and number of the vessel to be used by the person who will be pulling the traps,(V) The general locations of the pulling activity of the vessel to be engaged in pulling the traps; and, (VI) The dates the other person will be transporting, deploying, pulling or retrieving the traps.b. Permission to pull traps in this manner shall be obtained daily by telephone from the Division of Law Enforcement for a maximum of 5 days without renewal or extension of the request.2. Permission to have traps pulled by another person for a longer period of time, must be based on extraordinary circumstances such as severe personal or family illness or accident or major equipment problem, and shall be obtained through petition to the Division of Law Enforcement on Commission Form DMF-SL3030 (02-13) (Stone Crab Trap Pulling Petition) found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02667, herein incorporated by reference, and shall be granted upon such conditions as the division deems appropriate for the protection of the resource. a. It shall be the responsibility of the commercial harvester, or a member of the harvester's immediate family, to petition the division.b. The petition shall include:(I) A complete description of the extraordinary circumstances with corroborating documentation,(II) The amount of additional time requested,(III) The number of traps to be pulled; and,(IV) A notarized statement from the other person, attesting to his/her willingness and ability to pull these traps during this time period as well as an awareness of all rules governing the stone crab fishery.3. The person designated to pull the petitioner's traps is required to establish a float plan with Division of Law Enforcement Dispatch for each day traps will be pulled prior to pulling traps.4. If the person designated to pull the petitioner's traps does not possess a saltwater products license with restricted species and stone crab endorsements, the petitioner, as the license holder of record must possess a vessel saltwater products license and shall be held accountable for the designee's compliance with all regulations governing the stone crab fishery.(d) Except as provided in paragraph (e), of this subsection, it shall be unlawful to transport on the water, fish with, set, or place, or cause to be fished with, set, or placed, any trap or part thereof during the closed stone crab season, except that traps may be placed in the water and baited 10 days prior to the opening of the stone crab season and shall be removed within five days after the close of the stone crab season. However, the Division of Law Enforcement of the Fish and Wildlife Conservation Commission will grant an extension for the retrieval of traps for up to a maximum of ten days after the expiration of the five-day grace period, or a total of up to 15 days after the close of the stone crab season, upon the following conditions:1. The trap owner or the owner's lawfully designated agent shall request, in writing, permission for an extension of the grace period for retrieval of traps. The request shall specify the owner's name and trap number, the name of the boat to be used for trap retrieval, the boat owner's name, the period of additional time needed for trap retrieval, and the reason(s) for the request.2. On the day that trap retrieval commences, and on each subsequent day that trap retrieval continues, the Division of Law Enforcement must be advised in person or by telephone of the trap locations and landing site.3. Reasons for granting an extension shall be limited to:a. Hazardous weather at the end of the season or during the trap retrieval period.b. Medical emergencies which make it impossible for the owner to operate a boat.4. Nothing herein shall authorize the landing or sale of any stone crab or stone crab claw during the closed season.(e) Any traps, floats or ropes in the water more than ten days prior to the opening of the stone crab season or remaining in the water or otherwise abandoned during the closed season (following the grace period and any extensions thereof for retrieval of traps) are declared to be public nuisances and shall be disposed of in a manner approved by the Division of Law Enforcement. This provision shall be in addition to any penalty imposed by law.(5) Trap Transfer. Ownership of stone crab traps may be transferred to other persons, firms or corporations, so long as the following conditions are met:(a) The person or entity acquiring ownership of such stone crab traps must notify the Division of Law Enforcement within five days of acquiring ownership and prior to placing or setting the traps in the water, as to the number of traps purchased, the vendor and the endorsement number currently displayed on the traps, and in addition, shall request issuance of a stone crab endorsement if such person or entity does not currently have one.(b) Buoys must be renumbered and recolored at the first pulling of traps.(c) The new endorsement number must be permanently attached to the traps prior to setting such traps in the following open season.(d) The new owner must retain a valid bill of sale.Fla. Admin. Code Ann. R. 68B-13.008
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const.
New 7-1-00, Amended 7-22-01, 7-15-04, 7-13-08, 6-19-13, Amended by Florida Register Volume 41, Number 199, October 13, 2015 effective 10/25/2015, Amended by Florida Register Volume 46, Number 185, September 22, 2020 effective 10/1/2020, Amended by Florida Register Volume 49, Number 234, December 5, 2023 effective 12/18/2023.New 7-1-00, Amended 7-22-01, 7-15-04, 7-13-08, 6-19-13, 10-25-15, 10-1-20, 12-18-23.