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Florida Natural Resources; Conservation, Reclamation, And Use Code Section 370.1105 - Saltwater Fisheries - Saltwater finfish; fishing traps regulated.Legal Research Home > Florida Lawyer > Natural Resources Conservation Reclamation and Use > Florida Natural Resources; Conservation, Reclamation, And Use Code Section 370.1105 - Saltwater Fisheries - Saltwater finfish; fishing traps regulated. Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USEChapter 370 SALTWATER FISHERIES1370.1105 Saltwater finfish; fishing traps regulated.-- (1) It is unlawful for any person, firm, or corporation to set, lay, place, or otherwise attempt to fish for saltwater finfish with any trap other than: (a) A crab, crawfish, or shrimp trap specifically permitted under s. 370.13, s. 370.135, s. 370.14, or s. 370.15; (b) A pinfish trap not exceeding 2 feet in any dimension, with a throat or entrance not exceeding 3 inches in height by three-quarters of an inch in width; or (c) A black sea bass trap which has a biodegradable panel and a throat or entrance, the narrowest point of which is not more than 5 inches in height by 2 inches in width and the outer dimensions of which do not exceed 2 feet in height, 2 feet in width, and 2 feet in depth. However, such traps may be used only north of latitude 27° N. (2) It is unlawful for any person, firm, or corporation to possess any fish trap other than a trap specified in paragraph (1)(a), paragraph (1)(b), or paragraph (1)(c) or to land, take, sell, or offer to sell any saltwater finfish caught by any trap other than a trap specified in paragraph (1)(a), paragraph (1)(b), or paragraph (1)(c). (3) Any vessel, vehicle, or equipment used in violation of this section, and any fish caught with a trap in violation of this section, shall be seized and may be forfeited. (4) A commercial harvester who violates this section shall be punished under s. 370.021. Any other person who violates this section commits a Level Two violation under s. 372.83. History.--s. 1, ch. 80-63; s. 7, ch. 83-134; s. 2, ch. 84-121; s. 1, ch. 85-163; ss. 16, 17, ch. 85-234; s. 8, ch. 2006-304. 1Note.--Section 7, ch. 83-134, as amended by s. 2, ch. 84-121, and by s. 1, ch. 85-163, repealed the then-existing section effective July 1, 1985, and further provided that if the Governor and Cabinet had not adopted appropriate rules by July 1, 1985, the section would remain in force until such rules were effective. Section 9, ch. 83-134, provided that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 7, the Marine Fisheries Commission would hold a public hearing thereon, and no such amendment, readoption, or repeal would be acted upon until it had been determined, based upon appropriate findings of fact, that such action would not adversely affect the resource. The Marine Fisheries Commission was transferred to the Fish and Wildlife Conservation Commission by s. 3, ch. 99-245. Florida Lawyers
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Last modified: November 21, 2006 |