Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-23 - RULES RELATING TO FRESHWATER FISH
Section 68A-23.012 - Special Regulations on Lake Okeechobee

(a) Each haul seiner is responsible for tagging his own fish as provided herein. Prior to transporting any untagged game fish within the boundary designated above, the haul seiner shall:

(b) It shall be unlawful to possess commercial quantities of freshwater game fish as defined in Section 379.406, F.S., on the waters of Lake Okeechobee or its tributaries within the boundary delineated in subsection (1), from one-half hour after sunset until one-half hour before sunrise.

(c) The commercial harvest of game fish by any method from any area other than by haul seine as provided herein is prohibited.

(a) The length of the fishing season for all types of commercial gear shall be set by the Commission.

(b) Seines shall be operated only Monday through Friday. The lake is closed to seines on state holidays:

(c) Each permit shall be fished a minimum of 70 days annually, unless otherwise authorized by the assistant executive director due to exigent circumstances. Failure to comply may result in non-renewal of said permit.

(a) Haul seines as specified herein may be used by persons licensed under Sections 379.363 and 379.3635, F.S., for taking non-game fish, bluegill, redear sunfish (shellcracker), and warmouth under authority of a permit from the executive director. A maximum of 10 haul seine permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form - South Region DFFM HSSR-01 (7-14), found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04464, incorporated herein by reference), except as otherwise provided in this rule. In the event of the death or permanent disability of a permittee, the permit may be transferred by the permit holder or the executor of the estate to a member of the immediate family. The Commission must be notified of the transfer prior to renewal of the permit. After all available permits have been issued, the Commission shall maintain the first-come, first-served status of said applicants on a list. As permits become available for issuance, the executive director shall issue said permits to the applicants on said list in chronological order, except as otherwise provided in this rule. Upon being notified that they have been selected for inclusion in the program, the applicants shall, within 60 days, provide evidence that they have purchased and possess all necessary equipment, including boat(s), motor(s) and net(s), and have designated an assistant/captain. Failure to comply will result in denial of said permit. Equipment shall not be shared by permittees.

(b) A permittee shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water or tagging of all game fish taken pursuant to said operation. A permittee shall be responsible for ensuring that the permit is aboard the vessel operating or transporting such equipment.

(c) If fish are transported ashore prior to termination of haul seine operations, the haul seine gear license shall remain with a vessel operating the gear and the Lake Okeechobee haul seine permit shall accompany the fish to a designated tagging station.

(d) The executive director may refuse to issue the permit to any person who has been convicted of a violation of Chapter 379, F.S., or the rules of the Commission.

(e) Such permit shall be subject to revocation as provided in Rule 68-1.010, F.A.C.

(f) No person shall be issued more than one permit for a haul seine. The permittee or his one designated assistant/captain must be aboard the boat whenever fishing. Said designated assistant/captain shall be designated in writing, approved and such written designation maintained on file with the Commission. Said designation may be changed only upon a showing of good cause, in writing, and approved by the assistant executive director or his designate. A designated assistant/captain may work for only one permittee.

(a) Haul seines:

(b) Boats:

(c) Wire catfish traps:

(d) Trotlines: Trotlines shall be marked with a flag every 1, 000 yards and with a gallon-sized buoy every 500 yards between flags when fished at a lake elevation below 11.0 feet NGVD as determined by the United States Army Corps of Engineers.

(a) No person shall possess or transport any freshwater game fish in excess of the possession limit established by Rule 68A-23.005, F.A.C., outside the area of Lake Okeechobee as described in subsection (1), unless each fish has an identifying tag affixed securely to any part of the fish except the fins or tail. Such tags shall be furnished by the Commission in accordance with the provisions of this rule, and the Commission shall be the sole source of supply. It shall be unlawful to produce, manufacture or possess any facsimile or counterfeit tag not supplied by the Commission. Property rights to such tags shall be vested in, and such tags shall remain the property of, the Commission as long as such tags are within the state. No person shall possess any unlocked or unused fish tag which is unattached to a fish outside the area of Lake Okeechobee as described in subsection (1), except as otherwise authorized by the Commission. Tags shall be issued to permittee by lot number and the permittee shall be held responsible for their security.

(b) Each permittee shall be responsible for the tagging of his own fish and only said permittee shall purchase tags. Tags will be provided by the Commission at a cost of five cents per tag. Permittees shall be responsible for the proper tagging of their fish and are strictly liable for any misappropriation thereof. Fish shall be tagged immediately upon arrival at the tagging site and prior to storage or, if a delay is necessary, shall be labeled so as to be readily traceable to the permittee. Permittees shall execute a contract of agreement with the Commission to tag fish at a designated location, and may be required to relinquish all tagging rights upon receipt of verified information and belief by the executive director that the permittee has violated any commercial fishing regulation governing Lake Okeechobee. In determining whether to require a permittee to relinquish his tagging rights, the executive director shall consider the standards and criteria set forth in Rule 68-1.010, F.A.C. Breach of contract shall result in immediate denial of the delivery of fish tags by the Commission to the tagging agent.

(c) No permittee shall transfer, loan or relinquish custody and control of any unused fish tags delivered to him nor shall any tags be transported or removed from the designated tagging station premises without the specific prior approval of an authorized representative of the Commission.

(d) No permittee or his employee shall sell untagged game fish from said permittee's designated tagging station at any time.

(e) Permittees shall be strictly liable for compliance herewith.

(a) Permittees shall maintain records of operation as designated by the Commission, maintain accounting records on forms furnished by the Commission, and report the number and total weight by species of fish harvested to the Commission each week. All such reports shall be made available for inspection by representatives of the Commission at all times. Reports are due no later than 5:00 p.m. on the Wednesday following the week reported. Failure to file said reports will result in failure to issue tags.

(b) Each freshwater fish dealer within the designated area shall forward to the Commission each week a report showing the amount and kinds of fish purchased or handled during the previous week and the license number of the person from whom the fish were purchased on forms furnished by the Commission. Reports are due within 30 days of the reporting periods.

(c) Failure to submit such reports for the reporting period may constitute grounds for revocation of, or denial of renewal of such license, permit or tagging agreement. Such revocation of, or denial of renewal of such license, permit, or tagging agreement shall be in accordance with standards and criteria promulgated in Rule 68-1.010, F.A.C.

(a) No untagged game fish shall be sold for consumption. Any licensed freshwater fish dealer may sell, ship or transport lawfully tagged game fish taken from Lake Okeechobee as provided by Section 379.363, F.S. Legally tagged game fish may be shipped or transported provided that a bill of lading showing the name of the shipper, amounts of species of fish shipped, and the date of the shipment, accompanies the fish. No common carrier shall knowingly ship, transport or receive for transportation any freshwater game fish unless such information accompanies the shipment.

(b) Each fish container shall be available for inspection by a duly authorized employee of the Commission. Untagged game fish undesirable for human consumption because of size or spoilage may be processed for other commercial purposes with prior approval by an authorized agent of the Commission. All non-game fish taken in seines shall be removed from the water. Upon prior approval of an authorized representative of the Commission, non-game fish which have been processed by cooking may be used as bait for haul grounds.