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 Know 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.
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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.
- Bag Limit
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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).
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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.
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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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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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(Rule 68B-31, F.A.C.)
License Requirement: Recreational saltwater fishing license (resident or non-resident), unless a recreational saltwater fishing license exemption applies.
Bag limit: 5 gallons heads on per person per day, maximum possession limit of 5 gallons per vessel at any time.
Size limit: None
Closed season: April and May closed to Nassau, Duval, St. Johns, Putnam, Flagler, & Clay counties.
Closed areas: Contact your nearest FWC Law Enforcement office for local restrictions*
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370.1535 Regulation of shrimp fishing in Tampa Bay; licensing requirements.--
(1) No person shall operate as a dead 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.
(2) The Fish and Wildlife Conservation Commission is authorized to issue a dead shrimp production permit to persons qualified pursuant to the following criteria:
(a) The person has submitted an application designed by the commission for such permit.
(b) One permit is required for each vessel used for dead shrimp production in the waters of Tampa Bay. A permit shall only be issued to 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 for a permit shall be accompanied by a fee of $250 for each resident of the state and $1,000 for each nonresident of the state. The proceeds of the fees collected pursuant to this paragraph shall be deposited into the Marine Resources Conservation Trust Fund to be used by the commission for the purpose of enforcement of marine resource laws.
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 If 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 last year) 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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