Salt Water Fisheries and Conservation - three pages

This line is highlighted in yellow: PROTECTION OF MARINE TURTLES, NESTS AND EGGS; PENALTY.— ...misdemeanor of the first degree. ---------------------------- ...and released where the same are caught. No common carrier in the state shall knowingly receive for transportation or transport, within or without the state, from any one person for shipment more than two sailfish except as hereinafter provided. It is expressly provided that any lawful established taxidermist in the conduct of taxidermy, may be permitted to move or transport any reasonable number of sailfish at any time and in any manner he may desire, as specimens for mounting; provided, however, satisfactory individual ownership of the fish so moved or transported can be established by such taxidermist at any time upon demand. Common carriers shall accept for shipment sailfish from a taxidermist when statement of individual ownership involved accompanies bill of lading or other papers controlling the shipment. (6) SAILFISH, TRANSPORTING.—Sailfish being transported shall be kept intact and flesh shall not be removed from the skeleton; provided, however, sailfish after having been delivered to a bona fide taxidermist or smoking establishment, may be dismembered. History.—82. ch. 28145, 1953; SB. chs. 29869, 29877, 881, 2, ch. 29945 and 824. ch. 29615. 1955; 81. ch. 57-372; 81. ch. 57-127; 81. ch. 59-384; 81, ch. 59-473; 81. ch. 61-169; 8825. 35. ch. 09106; §1, ch. 70-96; §286. ch. 71-11*; §1. ch. 71-154; §81. 'A, 2. ch. 71-156. Note.—Similar provisions in former 58371.07, 374.02, 374.04374.07, 374.19, 374.23, 374.24. 370.111 Snook, regulation.— (1) It shall be unlawful to take or attempt to take any snook from any of the salt, fresh, or tidal waters of the state, by means of any device except pole and line, bob, spinner lure, or troll manually. (2) It shall be unlawful for any person, firm or corporation while fishing any net, seine or any other device prohibited by this section to have in his possession any snook; any snook taken by any trap, seine, net, or any other device prohibited by this section shall be immediately returned to the water alive. (3) It shall be unlawful for any person to have in his possession more than four snook, none of which shall measure less than eighteen inches in length. (4) It shall be unlawful for any wholesale or retail fish dealer to possess, buy, sell or store any snook or permit any snook to be possessed, bought, sold or stored on, in or about the premises where such wholesale or retail fish business is carried on or conducted. It shall be unlawful for any person, firm or corporation to buy and sell snook in any form. (5) Any person, firm or corporation found guilty of violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. History.—§§1-5. ch. 57-275; §286. ch. 71-136; §1, ch. 155. 370.112 Striped bass, regulation.— tl) It is unlawful for any person, firm or corporation to take or attempt to take any striped bass from any of the salt, fresh or tidal waters of Florida, by means of any device except pole and line, bob, spinner lure, or manual troll. (2) It is unlawful for any person, firm or corporation to have in their possession more than six striped bass taken from any of the salt, fresh or tidal waters of Florida, by means of any of the devices permitted in subsection (1) of this section. (3) It is unlawful for any person, firm or corporation while fishing with any trap, net, seine or any other device prohibited by this section to have in his possession any striped bass. Any striped bass taken or attempted to be taken by trap, net, seine or any other device prohibited by this section shall be immediately returned to the water alive. (4) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, to offer to sell, sell, barter or transport for sale any striped bass, or permit any striped bass to be stored, possessed, offered for purchase, purchased, offered for sale or sold in or about the premises where such wholesale or retail fish business is carried on or conducted. (5) It is unlawful for any person, firm or corporation to offer to purchase, purchase, offer to sell or sell striped bass in any form. _ (6) Any person, firm, or corporation violating the provisions of this act shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. History.—§1. rh. 6.3-84; §287. ch. 71-136. 370.113 Queen conchs of the species strombus gigas; regulation.— (1) It is unlawful for any person to take from any salt, fresh, or tidal waters of this state more than ter: queen conchs of the species strombus gigas in any calendar day, or to have in his possession at any time more than twenty such conchs. (2) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, to offer to sell, sell, barter or transport for sale any queen conchs of the species strombus gigas for purposes other than for use as food. (3) The provisions of subsections (1) and (2) shall not be applicable to any species of queen conchs imported from another country. (4) Any person, firm, or corporation violating the provisions of this act shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. History.—§], rh. 65-488; §1. ch. 69-22.3: §288, ch. 7M36. 370.12 Marine animals; regulation.— (1) PROTECTION OF MARINE TURTLES, NESTS AND EGGS; PENALTY.— 1843 (a) No person may take, possess, disturb, mutilate, destroy, cause to be destroyed, sell, offer for sale, transfer, molest, or harass any marine turtle nest or eggs at any time. Any person violating this paragraph shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. (b) 1. It is unlawful for any person to take, kill, possess, mutilate, or in any way destroy any loggerhead, trunkback, leatherback, hawksbill, or ridley, or take or possess any part thereof, while such turtle is on the beaches, sand dunes, or territorial waters of the east coast of Florida from the Georgia line through and including Dade County, during the months of May, June, July, and August. *" 2. It is unlawful for any person at any time to take, kill, possess, mutilate, or in any way destroy any green turtle, or take or possess any part thereof, while such turtle is on the beaches, sand dunes, or territorial waters of the east coast of Florida from the Georgia line through and including Dade County. 3. It is unlawful for any person to take, kill, possess, mutilate, or in any way destroy any turtle, or take or possess any part thereof, while such turtle is on the beaches or sand dunes of the west coast of Florida between the boundary between Monroe and Collier Counties and the western boundary of the state, excepting turtles in the territorial waters thereof having a carapace measurement of more than twenty-six inches. 4. It is unlawful for any person to take, kill, possess, mutilate, or in any way destroy any green turtle, or take or possess any part thereof, while such turtle is on the beaches, sand dunes, or territorial waters of Monroe County unless such turtle has a carapace measurement of more than forty-one inches, unless such person has a certified invoice that said turtle was shipped into Monroe County from a foreign country or outside the territorial waters of the state. 5. The carapace (shell) measurement shall be determined by beginning at the anterior-most edge (front) of the carapace, then proceeding along the middorsal line (middle of the back) to the posterior-most edge (rear) of the carapace. 6. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. (c) A program of active conservation shall be undertaken by the department of natural resources for the purpose of establishing controlled nesting preserves, free from all predators. Such preserves shall be maintained until the department feels that the dangers of extinction are abated. (d) Beginning January 1, 1971, the department of natural resources shall establish minimum sizes of such turtles which may be taken. Thereafter, the taking of turtles not meeting such size requirements shall be prohibited. (2) PROTECTION OF MANATEES OR SEA COWS; PENALTY.— (a) Whenever the division of marine resources shall be satisfied that the interest of science will be subserved, and that the application for a permit to capture a manatee or sea cow is for a scientific or educational purpose and should be granted, it may grant to any person making application a special permit to capture a manatee or sea cow, which permit shall specify the exact number which shall be captured and maintained in captivity. Any person who shall kill, capture, or possess a manatee or sea cow (trichechus latirostris), without having obtained a permit shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. (b) It shall be unlawful for any person, firm or corporation to annoy, injure, rnoiest or torture a manatee or sea cow by any instrument, process or procedure. Any person who shall annoy, injure, molest or torture a manatee or sea cow shall be guilty of a misdemeanor of the second degree, punishable as provided in §775 -082 or §775.083. (3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES); PENALTY.- (a) It is unlawful to catch, attempt to catch, molest, injure, kill, or annoy, or otherwise interfere with the normal activity and well-being of, mammalian dolphins (porpoises), except as hereinafter provided. (b) Any person, firm, or corporation desiring to take one or more mammalian dolphins from the waters of this state for scientific, educational, or exhibitional purposes shall apply for a permit to the division of marine resources. Upon determining that the interests of science or education will be served thereby, the division may issue a permit specifying the number of mammalian dolphins to be taken. (c) Any person, firm, or corporation desiring to hold one or more mammalian dolphins in captivity shall provide and maintain facilities which meet the requirements of the division. (d) No mammalian dolphin shall be shipped within or outside the state without a special permit from the division, which may require such information as it deems necessary relative to the adequacy of holding facilities of the recipients, and a permit for such shipment shall be granted only when the division determines the facilities are adequate. (e) Notwithstanding the other provisions of this section, it is unlawful to capture at anytime any nursing female mammalian dolphin or her calf, or both. (f) Any person, firm, or corporation violating the provisions of this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. (4) PROTECTION OF MANTA RAYS.— (a) It is unlawful for any person, firm, or corporation intentionally to destroy a manta ray. (b) Any person violating this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. History.—82. ch. 28145. 1053; Jll. 2. ch. 57-771; 81, ch. 50-483; 81, ch. 87-2198; 8825, 35, ch. 09-106; 81, Ch. 70-48; 81, ch. 70-357; St ch. 71-120; §289, ch. 71-136; §§1. 1A. ch. 71-M5. Note.—Similar provisions in former §§374.16, 374.18. 1844