Shrimping Laws

Police BoatKnow the law before you hit the water.

Shrimping, like all forms of hunting or fishing is regulated by the State and Federal government.  Licences, catch limits and sizes may apply in your jurisdiction.  Make sure you know what the laws are so that you don't end up in an uncomfortable or expensive situation.

The laws are designed to ensure that we all can enjoy our natural resources and protect them for future generations.



The Four Commercial Shrimp Boats Authorized to Operate in Tampa Bay (2011-2012)

A Commercial Shrimp BoatIf you want to shrimp commercially in Tampa Bay, you had better have had secured a license before June 30th, 1992 and renewed it every single year since.  If not, you are out of luck.

On that date, a moratorium on the issuance of new commercial shrimping licenses in Tampa Bay was issued.  This was an effort to protect Tampa Bay from the damaging effects of commercial shrimping and help to rebuild the environmental balance in the estuary.  We at Ozello Shrimper remember fighting commercial shrimpers for space out on the flats, at times coming within feet of the passing boats dragging their chains.

Well, 18 years have passed since this law went into effect and the numbers of shrimpers have dwindled significantly, down to four (from six two years ago) authorized vessels divided among three total license holders in a total of two families.  As a result, each year recreational shrimpers ask the same basic question when they see one of our commercial counterparts go by:

"Is that shrimp boat I saw out there legally allowed to shrimp?"
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Florida's Five Gallon Recreational Shrimping Bag Limit

The Florida Constitution implements laws that regulate recreational shrimping in the State of Florida and gives powers to the Fish and Wildlife Commission to enforce the laws in Article IV, Section 9.  Effective January 1st, In 2001, the State designated shrimp as a restricted species, placing its regulation underneath the power of the Fish and Wildlife Commission.

According to their role in enforcing the laws, the Fish and Wildlife Commission have published several administrative rules that clearify what we are and are not allowed to do when we go shrimping. These generally define the bag limits (maximum amount of shrimp we are allowed to catch) and the rules about when we are allowed to catch them.

Florida Administrative Rule 6B-31.007 (1) (Statewide Recreational Shrimping Restrictions) specifies statewide bag limits and conditions for recreational shrimpers.  The following paragraph is taken directly from the rule and we have taken the liberty of highlighting the key sections and definitions in green:

Except for persons harvesting shrimp commercially as either a food shrimp producer or a live bait shrimp producer, each person harvesting shrimp in or on the waters of the state shall comply with the requirements specified in this rule.

  1. Bag Limit

    1. No person shall harvest more than five gallons of shrimp, heads on, 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 paragraph (b).

    2. The possession of more than five gallons of shrimp, heads on, aboard a vessel in or on the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, at any time is prohibited.

    3. All shrimp harvested pursuant to this rule shall be landed in a whole condition. The deheading of such shrimp before landing is prohibited.

As you can see, this simple paragraph can come with a few complexities.  Accordingly, this article is going to address these three different sections and provide some examples of how to comply with recreational shrimping bag limits A.K.A "The Five Gallon Rule." It will examine what the Florida Fish and Wildlife Commission interprets as maximum catches state wide and how their definititions impact your ability to catch shrimp.

Keep in mind that this article will not focus on the impact of shrimping seasons or regional restrictions on recreational shrimping that may be in effect. For this information, please consult the Florida Fish and Wildlife Commission website.
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2007 Florida Statutes on Shrimping
1370.15 Shrimp; regulation.--

(1) GENERAL AUTHORITY; CONSERVATION.--The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. The commission shall encourage the production of the maximum sustained yield consistent with the preservation and protection of breeding stock, taking into consideration the recommendations of the various marine laboratories, as well as those of interested and experienced groups of private citizens. Rules shall control the method, manner, and equipment used in the taking of shrimp or prawn, as well as limiting and defining the areas where taken.

(2) CATCHING SHRIMP AT NIGHT.--It is unlawful to catch or attempt to catch shrimp or prawn in the territorial waters of the state in any county whose coastal boundary borders solely on the Atlantic Ocean, by use of trawl nets during night hours except during the months of June, July, and August.
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Florida Statewide Recreational Shrimping Restrictions

Taken from Florida Administrative Code Rule 68B-31.007 - Statewide Recreational Shrimping Restrictions.

Except for persons harvesting shrimp commercially as either a food shrimp producer or a live bait shrimp producer, each person harvesting shrimp in or on the waters of the state shall comply with the requirements specified in this rule.

(1) Bag Limit –

(a) No person shall harvest more than five gallons of shrimp, heads on, 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 paragraph (b).

(b) The possession of more than five gallons of shrimp, heads on, aboard a vessel in or on the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, at any time is prohibited.

(c) All shrimp harvested pursuant to this rule shall be landed in a whole condition. The deheading of such shrimp before landing is prohibited.

(2) Allowable Gear – No person subject to the requirements of this rule shall use any type of gear to harvest shrimp other than those types of gear specified herein:

(a) Landing or dip net with an opening no larger than 96 inches around the perimeter.

(b) Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.

(c) Push net.

(d) 1. Except as provided in subparagraph 2., one frame net with an opening no larger than 16 feet around the perimeter, if deployed from a vessel or from a structure other than an operational bridge or causeway or catwalk attached to such bridge or causeway.

2. Frame nets shall not be considered an allowable gear for persons harvesting shrimp pursuant to this rule in any waters of the Southeast Region in Dade County.

(e) Shrimp traps not exceeding 36 inches in length (from the rear of the heart to the leading edge of the trap), 24 inches in width (between the leading edges of the trap, or heart opening), and 12 inches in height and not containing external or unattached wings, weirs or other devices intended to funnel shrimp to the trap heart.

1. A shrimp trap meeting these specifications, regardless of configuration, shall not be considered a pound net.

2. The user’s name and address must be securely affixed to each trap; any trap lacking proper identification will be confiscated by the Commission.

3. No more than four shrimp traps shall be used at any one time.

4. Unattended shrimp traps are prohibited on or attached to beaches, causeways, seawalls, bridges, or any other structures open for use by the public. Any such trap which is not attended by the person whose name is affixed to the trap will be considered abandoned and may be seized.

(f) Beach or haul seine with a mesh area no larger than 500 square feet.

(3) Baiting – A person harvesting shrimp pursuant to this rule may use a cast net in conjunction with nonmetal poles to bait shrimp if such use is in compliance with the following restrictions.

(a) No more than 5 poles shall be set at any one time by any person.

(b) Each pole may not exceed one inch in diameter.

(c) Poles shall be driven into the bottom, set no closer than 10 yards apart, and the distance between the first and last pole shall not exceed 50 yards.

(d) Poles shall only be set, fished, and retrieved during daylight hours. The term “daylight hours” means the period beginning 1/2 hour before official sunrise and continuing through 1/2 hour after official sunset, each day. All poles shall be removed each day by 1/2 hour after official sunset.

(e) Each pole shall be marked with white reflective tape.

(f) No pole shall be set within 50 yards of any dock, pier, public boat landing or ramp, seawall, jetty, or bridge.

(g) Poles shall be tended at all times. The term “tend” means that the harvester is within 100 yards of the nearest pole at all times.

(h) Persons harvesting shrimp by this method shall be subject to the bag limit specified in subsection (1).

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 6-3-96, Formerly 46-31.007, Amended 12-2-99, 3-1-05.


 
Tampa Bay Commercial Shrimping Regulations / Licensing Requirements

Taken from Florida Administrative CodRule 68B-31.019 Regulation of Shrimp Fishing in Tampa Bay; License Requirements

(1) No person shall operate as a food shrimp producer in any waters of Tampa Bay unless such person has procured from the Fish and Wildlife Conservation Commission a dead shrimp production permit issued pursuant to this rule.

(2) No permit will be issued and no permit will be renewed except those permits issued in the base year of 1992. A food shrimp production permit will be renewed and issued to persons qualified pursuant to the following criteria:

(a) Each applicant for renewal shall make application prior to June 30 each year on a form provided by the Commission (DMF-SL3100 (3-05), Food Shrimp Production Permit Application, incorporated herein by reference).

(b) One permit is required for each vessel used for food shrimp production in the waters of Tampa Bay. A permit shall be renewable only by an individual who is the principal owner of the vessel or of the business entity owning the vessel and utilizing the permit. No more than three permits shall be issued to any individual.

(c) Each application shall be accompanied by fees as provided in Section 379.369, F.S.

(d) Each applicant for renewal shall make application prior to June 30 each year, and shall hold any other license or registration required to operate a commercial fishing vessel in Tampa Bay on the date of application.

(e) The number of permits outstanding in any one year shall not exceed the number issued in 1992.

(f) No permit shall be transferable by any method, including devise or inheritance, and a permit shall be renewable only by the initial holder thereof.

(3) All permits not renewed pursuant to subsection (2) by June 30 in each year for any reason shall expire and shall not be renewable under any circumstances.

(4) No person harvesting food shrimp from Tampa Bay shall sell such shrimp to any person unless such seller is in possession of a food shrimp production permit issued pursuant to this rule. Except for purchases from other wholesale dealers, no wholesale dealer, as defined in Section 379.362(1)(a)3., F.S., shall purchase food shrimp harvested in Tampa Bay, unless the seller produces his or her food shrimp production permit prior to the sale of the shrimp.

(5) The operator of any vessel used in Tampa Bay for food shrimp production shall possess while in or on the waters of the bay and produce upon the request of any duly authorized law enforcement officer a current food shrimp production permit issued for the vessel pursuant to this rule.

(6) Each person harvesting shrimp in Tampa Bay pursuant to the permit required by this section shall comply with all rules of the Commission regulating such harvest.

(7) For purpose of this section, “Tampa Bay” means all the waters of the bay east and north of the Sunshine Skyway Bridge (U.S. 19 and Interstate 275).

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05.


 
Do You Have Your Fishing License?
A Fishing License is Necessary
A Fishing License is Necessary

According to the State Law, a Fishing License is required in most circumstances in order to shrimp in the State of Florida. There are exceptions to this requirement, as noted below but for most people, a fishing license will be required.

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