Section 68B-3.008 - Repeal, Amendment, and Readoption of Sections of Chapter 70-973, Laws of Florida (1970), as Amended by Chapter 73-652, Laws of Florida (1973), Volusia County Special Act(1) The Marine Fisheries Commission has determined that repeal and readoption of portions of chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), a Volusia County Special Act, will not adversely affect the marine resources of Volusia County or of the State of Florida. The law provides for the regulation of fishing and fisheries-related activities in the saltwaters of Volusia County.(2) Chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to paragraph (5)(c) of section 2 of chapter 83-134, Laws of Florida, is hereby repealed.(3) This section intended to readopt certain provisions of chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as a Commission rule. As of the effective date of this section, the aforesaid chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as readopted, shall read as follows:(a) It is unlawful for any person, firm or corporation to harvest or attempt to harvest marine species of fish in the inland salt waters of Volusia County in any way or with any appliance other than with the ordinary cast net, rod and reel, pinfish trap meeting the specifications of paragraph 68B-4.020(1)(f), F.A.C., or hook and line except as provided otherwise in rule 68B-3.008, F.A.C. Legal size flounders and sheepshead may be taken by the means of a barbed spear, with not more than three (3) prongs.(b) It is unlawful for any person, firm or corporation to fish or cause to be fished with any haul seine, in any of the salt waters of Volusia County.(c) It is unlawful to set or place any beach or haul seine within one hundred (100) yards of any bridge, pier, dock or other establishment.(d) It is unlawful to dump any foul or refuse fish or any other litter of any type on the land or in the inland salt waters of Volusia County.(e) It is unlawful, except as provided otherwise in this section, for any person to use any beach or haul seine in the catching of fish within five hundred (500) feet of the high water mark on the ocean beaches, in or adjacent to any municipality or within five hundred (500) feet of the jetties of any inlet, or within five hundred (500) feet of the line connecting the seaward ends of the jetties of any inlet or between the jetties of any inlet in Volusia County.(f) Shrimp harvest in Volusia County shall be conducted pursuant to Chapter 68B-31, F.A.C.(g) No person may stockpile on a lease oysters taken from approved public bars.(h) No person, firm or corporation shall set or place, or cause to be set or placed, any trap for the taking of crabs for any purpose in the inland salt waters of Volusia County, unless such trap meets all the requirements of rule chapter 68B-45, F.A.C. A person may use traps for taking crabs for personal consumption if such person meets all the requirements for blue crab harvest with a trap for other than commercial purposes as established by rule chapter 68B-45, F.A.C. No trap may be abandoned or discarded in or along the shore of the waters of Volusia County. Not more than two hundred (200) crab traps shall be fished under one (1) permit. No buoyed crab traps shall be left unattended for more than seventy-two (72) hours, weather permitting. No buoyed crab traps shall be placed within one hundred (100) yards of any bridge or dock where fishing is legal from that bridge or dock except that persons with written permission of the owner of a dock may place legal traps closer to that dock.Fla. Admin. Code Ann. R. 68B-3.008
Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const.
New 10-19-89, Amended 1-9-91, 1-1-92, 7-1-92, 11-26-92, 10-3-94, 9-30-96, 7-30-97, Formerly 46-3.008, Amended 10-16-02, 1-1-05, 3-1-05, Amended by Florida Register Volume 50, Number 148, July 30, 2024 effective 8/14/2024.New 10-19-89, Amended 1-9-91, 1-1-92, 7-1-92, 11-26-92, 10-3-94, 9-30-96, 7-30-97, Formerly 46-3.008, Amended 10-16-02, 1-1-05, 3-1-05.