Section 68B-45.004 - Regulation and Prohibition of Certain Harvesting Gear(1) Except as provided in subsections (2), (3), (4), (5) and (6), below, the following types of gear shall be the only types of gear allowed for the harvest of blue crab in or from state waters: (a) Traps meeting the following specifications:1. Traps shall be constructed of wire with a minimum mesh size of 1 1/2 inches and have throats or entrances located only on a vertical surface. Beginning on January 1, 1995, traps shall have a maximum dimension of 24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a degradable panel that meets the specifications of subsection (7) of this rule.2. All traps shall have a buoy or a time release buoy attached to each trap or at each end of a weighted trotline which 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 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 blue crab trap or attached to a trotline shall float on the surface of the water.3. Each trap used for harvesting blue crab for commercial purposes shall have the harvester's blue crab endorsement number permanently affixed to it. Each buoy attached to such a trap shall have the number permanently affixed to it in legible figures at least two inches high. The buoy color and license number shall also be permanently and conspicuously displayed on any vessel used for setting the traps and buoys, so as to be readily identifiable from the air and water, in the following manner: a. 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. If the vessel is an open design (such as a skiff boat), in lieu of a separate display, one seat shall be painted with buoy assigned color with permit numbers, unobstructed and no smaller than 10 inches in height, painted thereon in contrasting color. Otherwise, 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 permit numbers permanently affixed beneath the circle in numerals no smaller than 10 inches in height.b. 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 permit numbers permanently affixed beneath the circle in numerals no smaller than 4 inches in height.4.a. In addition to the requirements of subparagraph (1)(a)2., the buoy attached to each trap used to harvest blue crab, other than those used to harvest for commercial purposes, shall have a legible "R", at least two inches high, permanently affixed to it. A buoy is not required on a trap fished from a dock.b. Each trap used to harvest blue crab, other than those used to harvest for commercial purposes, shall have the harvester's full name, address, and unless exempt pursuant to subsection 68B-45.011(3), F.A.C., a valid recreational blue crab trap identification number assigned by the annual Recreational Blue Crab Trap Registration pursuant to Rule 68B-45.011, F.A.C., permanently affixed to it in legible letters.5. Each trap with a mesh size of 1 1/2 inches or larger shall have at least three unobstructed escape rings installed, each with a minimum inside diameter of 2 3/8 inches. One such escape ring shall be located on a vertical outer surface adjacent to each crab retaining chamber.6. Each throat (entrance) in any trap used to harvest blue crabs shall be horizontally oriented, i.e., 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, is 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 the opening where the throat meets the vertical wall of the trap to the opening of the throat at its farthest point from the vertical wall, inside the trap. Beginning March 1, 2023, each throat or entrance in a trap used to harvest blue crabs, other than those used to harvest for commercial purposes, shall comply with terrapin bychatch reduction requirements as provided in subsection (8).7. Subparagraphs 1. through 6. shall not apply to any trap used to harvest blue crabs for other than commercial purposes, which trap has a volume of no more than 1 cubic foot and is fished from a vessel, a dock, or from shore.(2)(a) Peeler crabs may be harvested in traps constructed of wire with a minimum mesh size of one inch and with the throats or entrances located only on a vertical surface. Such traps shall have a maximum dimension of 24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a degradable panel.(b) Each trap used to harvest peeler crabs shall have buoys and be identified as described in subparagraph (a)2., and (a)3. or (a)4., of this subsection.(c) All peeler crabs harvested must be kept in a container separate from other blue crabs.(d) Each trap used to harvest peeler crabs shall only be baited with live male blue crabs. Male crabs so used as bait to attract female blue crabs into peeler traps may be periodically fed with no more than a single bait fish. Any trap used to harvest blue crabs that is baited with anything other than live male blue crabs shall meet the requirements of paragraph (1)(a), of this rule.(e) Beginning March 1, 2023, each entrance or throat in a trap used to harvest peeler crabs, other than those used to harvest for commercial purposes, shall comply with terrapin bycatch reduction requirements as provided in subsection (8).(3) In addition to the allowable gear provided for in subsections (1) and (2), above, blue crabs harvested in fresh water may be harvested with gear permitted by the Commission.(4) Blue crabs may be harvested as an incidental bycatch of shrimp trawls lawfully harvesting shrimp, provided the amount of blue crabs so harvested does not exceed 200 pounds of blue crabs per vessel per trip.(5) Blue crabs not meeting the size requirements contained in Rule 68B-45.003, F.A.C., may be harvested as a directed catch by or with a dip or landing net or as bycatch of live bait shrimp trawls, provided the total amount of blue crab harvested in either case does not exceed 10 gallons per person or per vessel per day, whichever is less. Undersized blue crabs so harvested shall be maintained alive and shall be sold, bought, bartered, or exchanged solely for use as live bait. Blue crabs harvested as bycatch of live bait shrimp trawls shall be counted for purposes of determining compliance with subsection (4), above, and subsection (6), below. No person harvesting blue crabs as a directed catch by or with a dip or landing net shall, on the same trip, harvest blue crabs using any other gear.(6) Blue crabs may be harvested as an incidental bycatch of other species lawfully harvested with other types of gear so long as the amount does not exceed the bag limit specified in Rule 68B-45.005, F.A.C., and does not violate any other applicable provision of law.(7) A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:(a) 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.(b) 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.(c) 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.(d) 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.(e) 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.(f) 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.(g) 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.(8) Terrapin bycatch reduction requirements. (a) Recreational harvesters. Beginning March 1, 2023, each trap used to harvest blue crabs, other than those used to harvest for commercial purposes, must contain a bycatch reduction device that meets the specifications of paragraph (8)(b) installed in each entrance or throat.(b) A trap shall be considered to meet the requirements of paragraph (8)(a) if each entrance or throat:1. Contains a bycatch reduction device measuring no larger than 2 inches in height by 6 inches in width; or, 2. Is constructed completely of rigid wire such that the narrowest does not exceed 2 inches in height by 6 inches in width.(9) No person shall harvest or attempt to harvest blue crabs with any trap seaward of nine nautical miles from shore on the Gulf of Mexico or seaward of three nautical miles from shore on the Atlantic Ocean.(10)(a) Except as provided in paragraph (c), no person shall harvest any blue crabs for commercial purposes with any trap unless such person possesses a valid saltwater products license to which is affixed both a blue crab endorsement and a restricted species endorsement.(b) Notwithstanding Section 370.135(2)(a), F.S. (2006); effective July 1, 2006, and until July 1, 2007, no blue crab endorsements, except those endorsements that were active during the 2005-2006 fiscal year, shall be renewed or replaced. Persons or corporations holding a blue crab endorsement that was active in the 2005-2006 fiscal year or an immediate family member of that person must request renewal of the blue crab endorsement before September 30, 2006. All provisions of Sections 379.366(2)(a), (b), F.S., shall continue to apply to the issuance and renewal of blue crab endorsements with the applicable dates specified in this paragraph.(c) Notwithstanding the requirements of paragraph (a), any aquaculture producer, as defined in Section 597.0015(2), F.S., authorized to produce marine aquaculture products and engaged in the culture of shellfish may possess and use up to 75 blue crab traps for the sole purpose of taking destructive or nuisance blue crabs within 1 mile of the producer's aquaculture shellfish beds if they first obtain a depredation permit from the Commission. Blue crabs taken under this subsection may not be sold, bartered, exchanged, or offered for sale, barter, or exchange.(11) During any time of the year when it is legal to transport blue crab traps, a harvester shall seek permission from the Division of Law Enforcement to allow the use of another vessel owned by the same harvester or another person to transport, deploy, pull, or retrieve his or her traps. (a)1. Permission shall be granted upon receipt of a written statement signed by the commercial harvester seeking to have his or her traps pulled and by the person designated to pull the traps, if applicable, which statement also shall contain the following:a. The reason the harvester needs to have his or her traps pulled,b. The numbers of the saltwater products license and blue crab endorsement of both the harvester seeking to have the traps pulled and the person or other vessel who will be pulling the traps, c. The buoy colors of the harvester seeking such permission,d. The name and number of the vessel to be used by the person who will be pulling the traps,e. The general locations of the pulling activity of the vessel to be engaged in pulling the traps; and,f. The dates the other person or vessel will be transporting, deploying, pulling or retrieving the traps.2. 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.(b) Permission to have traps pulled using another vessel owned by the same harvester or 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-SL4590 (02-13) (Blue Crab Trap Pulling Petition), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02669 herein incorporated by reference, and shall be granted upon such conditions as the Division deems appropriate for the protection of the resource. 1. It shall be the responsibility of the commercial harvester, or a member of the harvester's immediate family, to petition the Division.2. The petition shall include:a. A complete description of the extraordinary circumstances with corroborating documentation,b. The amount of additional time requested,c. The number of traps to be pulled; and,d. 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 blue crab fishery.(c) 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.(d) If the person designated to pull the petitioner's traps does not possess a saltwater products license with restricted species and a blue crab endorsement, 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 blue crab fishery.(e) If designating another vessel, the vessel must be commercially registered and the following vessel marking requirements apply: The buoy color and license number shall be conspicuously displayed on the vessel used for setting the 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 shall be displayed on the uppermost structural portion of the vessel and displayed horizontally, unobstructed, with the painted design up on a circle 20 inches in diameter, outlined in a contrasting color, together with the permit numbers beneath the circle in numerals no smaller than 10 inches in height.2. From the Water - The buoy design shall be displayed and affixed vertically to both the starboard and port sides of the vessel near amidship. The display shall exhibit the buoy design, unobstructed, on a circle 8 inches in diameter, outlined in a contrasting color, together with the permit numbers beneath the circle in numerals no smaller than 4 inches in height.Fla. Admin. Code Ann. R. 68B-45.004
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06, 10-15-07, 1-26-11, Amended by Florida Register Volume 44, Number 222, November 14, 2018 effective 1/20/2020, Amended by Florida Register Volume 48, Number 016, January 25, 2022 effective 3/1/2022.New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06, 10-15-07, 1-26-11, 6-19-13, 1-1-20, 3-1-22.