• TABLE OF CONTENTS
HIDE
 Front Cover
 Title Page
 Table of Contents
 Foreword
 General conservation law
 Related laws
 General shell fish laws
 Special shell fish laws for...
 General shrimp law
 Special shrimp laws
 General crab laws
 Special crab law
 General crayfish law
 General sponge law
 General laws for protection manatee...
 General salt water fish law
 Special salt water fish laws for...
 General fresh water fish and game...
 Special fresh water fish laws for...
 Special game laws for counties
 General geological law
 Special geological law
 Federal migratory game bird...
 Index






Group Title: Laws, etc
Title: The Conservation law relating to general and special conservation, shell fish, salt water fish, fresh water fish, game and geological laws
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00096284/00001
 Material Information
Title: The Conservation law relating to general and special conservation, shell fish, salt water fish, fresh water fish, game and geological laws amended and revised to the close of the legislative session of 1933
Uniform Title: Laws, etc
Physical Description: 221 p., 1 leaf : ; 15 x 11 cm.
Language: English
Creator: Florida
Florida -- State Board of Conservation
Donor: unknown ( endowment )
Publisher: State Board of Conservation
Place of Publication: Tallahassee, Fla.
Manufacturer: Rose Printing Company
Publication Date: 1933
 Subjects
Subject: Fishery law and legislation -- Florida   ( lcsh )
Game laws -- Florida   ( lcsh )
Wells -- Law and legislation -- Florida   ( lcsh )
Genre: legislation   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
non-fiction   ( marcgt )
 Notes
General Note: Cover title.
General Note: At head of title: State of Florida.
General Note: "George W. Davis, Commissioner."
General Note: Issued by the State Board of Conservation.
 Record Information
Bibliographic ID: UF00096284
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 01661687
lccn - 34027450

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Page 1
        Page 2
        Page 3
        Page 4
    Table of Contents
        Page 5
    Foreword
        Page 6
    General conservation law
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
    Related laws
        Page 12
        Page 13
        Page 14
        Page 15
    General shell fish laws
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
    Special shell fish laws for counties
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
    General shrimp law
        Page 53
        Page 54
        Page 55
        Page 56
    Special shrimp laws
        Page 57
        Page 58
    General crab laws
        Page 59
    Special crab law
        Page 60
    General crayfish law
        Page 61
        Page 62
    General sponge law
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
    General laws for protection manatee or sea cow, diamond back terrapin, loggerhead or green turtle
        Page 68
        Page 69
    General salt water fish law
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
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        Page 79
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        Page 81
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        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
    Special salt water fish laws for counties
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
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        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
    General fresh water fish and game law
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
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        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
    Special fresh water fish laws for counties
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
    Special game laws for counties
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
        Page 181
        Page 182
        Page 183
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        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
    General geological law
        Page 204
        Page 205
    Special geological law
        Page 206
        Page 207
        Page 208
        Page 209
    Federal migratory game bird law
        Page 210
        Page 211
        Page 212
        Page 213
        Page 214
    Index
        Page 215
        Page 216
        Page 217
        Page 218
        Page 219
        Page 220
        Page 221
        Page 222
Full Text






UNIVERSITY
OF FLORIDA
LIBRARY







STATE OF FLORIDA


**.* .. ** ..










CONSERVATION DEPARTMENT

George W. Davis, Commissioner


DIVISIONS
Shell Fish
Geological Survey
Game and Fresh Water Fish







Official Publication

State Board of Conservation













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S ** *



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S





HELP CONSERVE

OUR FISH AND

GAME

Obey the law and see that
others obey it


No taxpayer is made to pay a penny to sup-
tprt the Conservation Department, as it is
WAintained exclusively from its sale of licenses.
Purchase your licenses each year. Always
buy the popular state-wide hunting and fresh
water fishing permits.
The measure of success this department can
accomplish depends upon the finances it can
raise and upon your moral support. Without
y0fir aid conservation laws cannot be enforced
and the work of conservation would be cur-
tailed.


PROTECT FLORIDA'S NATURAL
RESOURCES








































ROSE PRINTING COMPANY, TALLAHASSEE, FLORIBA






CONTENTS OF LAWS





Page
Conservation ......... .......... ........ ....... ............. 7
R elated Law s--.... ... ... ................. . .. .......... .......-... 12
General Shell Fish............... ..... .....-- ...................... 16
Special Shell Fish ........ ... ........ ....... ....... ......... 46
General Shrim p ...... ............. ......... ............... 53
Special Shrim p .......... .......... ......... .............. 57
General Crab ................ .................... 59
Special Crab...... ......-----.... ... ...... ............ 60
General Crayfish --... ........................................ 61
General Sponge ........... ... .............. ....... ........... 63
General Manatee, Turtle and Terrapin ................... 68
General Salt Water Fish ................. ................... 70
Special Salt W ater Fish --.............. ....... ........... 91
General Fresh Water Fish and Game ....... ....... 124
Special Fresh W ater Fish ...................... ..... ......... 160
Special Gam e .......------ ..-..-......-- .. ....................... 176
General Geological ..........------.......... .................. 204
Special Geological .... ............. ..... ........ ..... 206
Federal Migratory Game Birds .....................---... 210


712zq











FOREWORD




The State Conservation Department has prepared
this booklet for your information. Laws relating to
fish and game and related subjects coming under the
supervision of the department are contained within
its covers. All laws from 1885 through the 1933 legis-
lative session which are now in effect have been
compiled for your reference.
Simplification has been the keynote of the editor.
When a law repealed part of another law the repeal-
ing section was substituted for the section to be re-
pealed. Unless otherwise specifically stated all laws
in this booklet are assumed to contain the sections,
"All laws or parts of laws in conflict herewith are
hereby repealed," and "This act shall take effect
immediately upon its passage and approval by the
Governor or upon its becoming a law without such
approval."
If you are in doubt about any point of the con-
servation laws information will be furnished promptly
if you write to
COMMISSIONER GEORGE W. DAVIS

STATE CONSERVATION DEPARTMENT
TALLAHASSEE, FLORIDA








GENERAL CONSERVATION LAW

Chapter 16178-(1933)-Creation of State Board of
Conservation, authority and duties.-A State Board
of Conservation is hereby created, which shall be
composed of the Governor of Florida, the Secretary
of State, the Attorney General, the Comptroller, the
State Treasurer, the State Superintendent of Public
Instruction, and the Commissioner of Agriculture.
Section 2. All duties, powers and authority vested
in the State Geologist, the Shell Fish Commissioner
and the State Game Commissioner, at the time of
the passage of this Act, shall be vested in the said
Board of Conservation, except the power of appoint-
ing and employing such help, assistants and agents
as are herein provided for to carry out the provisions
of this Act, which said power shall be vested in the
Governor, and all duties, powers and authority, re-
lating to the above mentioned departments or offi-
cers, vested in the Governor and Commissioner of
Agriculture at the time of the passage of this Act,
shall be vested in said Board of Conservation, except
that the Governor shall appoint the Supervisor of
Conservation who shall be the administrative head
of all work under the Board and the Supervisor shall
employ and appoint all other help, assistants and
agents as may be deemed necessary by the Governor.
Section 3. The Department of State Geologist,
the Department of Game and Fresh Water Fish, the
Office of State Game Commissioner, and the Office
of Shell Fish Commissioner, are hereby abolished.
Section 4. All properties, accounts and obligations
of the several departments or offices abolished by
this Act, shall upon the effective date of this Act,
be transferred to the State Board of Conservation.
Section 5. All moneys in, amounts of money due
and afterwards accruing to the various funds han-
dled or controlled by the departments or offices
abolished by this Act, shall upon the effective date
of this Act, be transferred to one fund, designated






8 GENERAL CONSERVATION LAW

as the State Conservation Fund, and shall be used
exclusively for carrying out the provisions of this
Act as the State Board of Conservation may direct.
The said funds shall be paid out upon warrant of
the Comptroller as-other funds in the State Treasury
are disbursed.
Section 6. All appropriations made for the bien-
nium beginning July 1st, 1933, for the several de-
partments, commissions, offices, agencies and em-
ployees mentioned in Section 3 of this Act, shall
be transferred to the State Conservation Fund to be
used, as far as necessary, for carrying out the pro-
visions of law in relation to the work and duties
mentioned in Section 2 of this Act.
Section 7. The said State Board of Conservation
is hereby authorized to make reasonable rules and
regulations not inconsistent with law for carrying
out the purposes of this Act, and of other laws re-
lating to the powers and duties of said Board, and
may recommend to the Governor the employment of
such help, assistants, and agents as in the judgment
of said Board shall be necessary in performing the
duties devolving upon said Board. The Governor is
authorized and empowered to employ Conservation
Agents in such number as in the judgment of said
Board it shall seem necessary to fully carry out the
provisions of this Act, and of all laws relating to
the conservation of wild life in the State of Florida
and to fix their compensation to be paid from the
State Conservation Fund. The said Conservation
Agents shall have full police power and authority in
connection with the enforcement of all laws relating
to the conservation and protection of wild life in
the State of Florida to the same extent as that of
the Sheriffs of the State of Florida; and, in the
performance of their duties, shall exercise such
powers as are conferred upon wardens and other
officers by the laws hereby transferred to said board
for administration.
Section 8. The said State Board of Conservation
shall have and exercise the exclusive power over the






GENERAL CONSERVATION LAW


water bottoms in the State of Florida not held under
some grant or alienation heretofore made, and any
bottoms heretofore granted, if cancelled or vacated,
may be leased by said Board for the purpose of
giving the exclusive rights to plant oysters or clams
thereon. The said Board may lease any water bot-
toms in the State of Florida to any person or persons,
firm or corporation, irrespective of residence or cit-
izenship, and upon such terms, conditions and re-
strictions as the said Board may impose, and with-
out limitations as to the number of acres of such
water bottoms which any person or persons, firm
or corporation may lease, hold, or control, except in
so far as the said Board in its discretion may fix.
Provided that nothing herein contained shall
change, alter, or modify that part of Section 1243,
Revised General Statutes of Florida, with regard to
the State rent or tax on leased bottoms for the cul-
ture of oysters and clams as to applications hereto-
fore filed with the Shell Fish Commissioner of the
State of Florida, and for which survey deposits were
made prior to January 1st, 1933.
All applications heretofore made and now pending
for the leasing of water bottoms in the State of
Florida, which have not been consummated and
lease executed thereon, prior to the passage of this
Act, are hereby declared valid as to all applications
pending on which the survey fee has been deposited
prior to January 1st, A. D. 1933. Provided nothing
herein contained shall give to said Board authority
to lease any of the Sponge beds of the State.
Provided no lessee of the State shall be permitted
to re-lease, sub-lease, sell or transfer any such bot-
toms or property.
Provided, further nothing herein contained shall
apply to leases heretofore granted or for which ap-
plications have heretofore been filed with the Shell
Fish Commission of the State of Florida, and for
which survey deposits were made prior to January
1st, 1933.







10 GENERAL CONSERVATION LAW

Section 9. That unless and except as permitted
by regulations made as hereinafter provided, it shall
be unlawful to hunt, take, catch, capture, kill, at-
tempt to take, catch, capture or kill, possess, offer
for sale, sell, offer to purchase, deliver for shipment,
ship, cause to be shipped, deliver for transportation,
transport, cause to be transported, carry or cause to
be carried by any means whatever, receive for ship-
ment, transportation or carriage, or export at any
time or in any manner, any game bird or game
animal, non-game bird, fish, sponges, oysters or
other seafood, or fur-bearing animals, as defined by
existing laws of the State of Florida, or any part of
such fish, sponges, birds or animals or the nest or
eggs of such birds.
Section 10. The State Board of Conservation is
authorized and directed, from time to time, having
due regard to the distribution, abundance, economic
value and breeding habits, to determine when, to
what extent, if at all, and by what means, it is
compatible with the safeguarding of the supply to
allow hunting, planting or propagating, taking, cap-
turing, killing, possession, sale, purchase, shipment,
transportation, carriage or export of such birds, fish,
sponges, oysters or other seafood or animals or parts
thereof, or the nests or eggs of such birds, and to
adopt suitable regulations permitting and governing
the same, in accordance with such determinations;
provided, however, nothing herein contained shall
operate to repeal or supersede any existing law con-
cerning the taking, capturing, hunting, killing, pos-
session, sale, or transportation of game, fresh or
salt water fish, or oysters.
Section 11. That any person, association, partner-
ship or corporation who shall violate or fail to com-
ply with any provision of this Act or of any regula-
tions made pursuant to the provisions of this Act,
shall be deemed guilty of a misdemeanor, and upon
conviction thereof, shall be fined not more than
$500.00, or be imprisoned not more than six months,
or both. That in case of conviction for violation of







GENERAL CONSERVATION LAW 11

the provisions of this Act or of any law relating to
the conservation and protection of wild life in the
State of Florida, the State Conservation Agents shall
be entitled to, allowed and paid the same costs and
fees for their services as allowed and paid to Sheriffs
for similar services, said costs and fees to be paid
into the State Conservation Fund.
Section 12. If any section, provision or clause, of
this Act shall be declared invalid or unconstitutional,
or if this Act as applied to any circumstances shall
be declared invalid or unconstitutional, such invalid-
ity shall not be construed to affect the portions of
this Act not so held to be invalid, or the application
of this Act to other circumstances not so held to be
invalid.
Section 13. All laws and parts of laws in conflict
with any of the provisions or purposes of this Act,
are hereby repealed.
Section 14. This Act shall be effective on and
from July 1st, 1933.
Approved June 12, 1933.








RELATED LAWS


Chapter 16299 War Veterans exempted from pay-
ment of license up to twenty-five dollars.-"Section
1. That any bona fide permanent resident elector
of the State of Florida, who served as an officer or
enlisted man in the United States Army, Navy or
Marine Corps during the World War between April
6, 1917, and November 11, 1918, or in the Spanish-
American War between April 21, 1896, and July 4,
1902, and who was honorably discharged from the
service of the United States, and who at the time
of his application for license as hereinafter men-
tioned shall be disabled from performing manual
labor, shall, upon sufficient identification and proof
of being a permanent resident elector in the State
and production of an honorable discharge from the
service of the United States during the World War
or Spanish-American War between the dates afore-
said respecitvely, be granted a license to engage in
any business or occupation in the State of Florida
which may be carried on mainly through the per-
sonal efforts of the licensee as a means of livelihood,
and for which the combined State, County and Mu-
nicipal license does not exceed the sum of Twenty-
five Dollars ($25.00) without payment of any license
tax otherwise provided for by law; or shall be en-
titled to an exemption to the extent of Twenty-five
Dollars ($25.00) on any license to engage in any
business or occupation in the State of Florida which
may be carried on mainly through the personal efforts
of the licensee as a means of livelihood where the
combined State, County and Municipal license for
such business or occupation shall aggregate more
than Twenty-five Dollars ($25.00). The exemption
heretofore referred to shall extend to and include
the right of licensee to operate an automobile for
hire of not exceeding five-passenger capacity, in-
cluding the driver, when it shall be made to appear
that such automobile is bona fide owned, or con-






RELATED LAWS


tracted to be purchased by the licensee, and is being
operated by him as a means of livelihood, and the
proper license tag for the operation of such motor
vehicle for private use has been applied for and
attached to said motor vehicle, and the proper fees
therefore paid by the licensee. It is expressly pro-
vided, however, that under no circumstances shall
the amount of exemption to any veteran under this
Chapter exceed the aggregate sum of Twenty-five
Dollars ($25.00).
When any such person shall apply for a license to
conduct any business or occupation for which the
combined State, County and Municipal license tax
as fixed by law shall exceed the sum of Twenty-five
Dollars ($25.00), the remainder of such license tax
in excess of Twenty-five Dollars ($25.00) shall be
paid by him in cash and shall be divided between
the State, County and Municipality in proportion to
the amount of the license tax of each of such units.
It shall be the duty of each and every tax collect-
ing authority of this State, and of each County
thereof, and of each Municipality therein, to issue
to such persons as may be entitled hereunder a
license in pursuance to the foregoing provision and
subject to the conditions thereof; and such license
when issued shall be marked across the face thereof
'World War Veteran's License' or 'Spanish-Ameri-
can War Veteran's License'-'Not Transferable,' as
the case may be, provided that before issuing the
same, proof shall be duly made in each case that
the applicant is entitled under the conditions of
this law to receive the exemption herein provided
for, which proof may be made by exhibiting a cer-
tificate of Government rated disability to an extent
of 10% or more, or the affidavit or testimony of a
reputable physician who personally knows the ap-
plicant, and who makes oath that the applicant is
disabled from performing manual labor as a means
of livelihood, or by the certificate of any post of
Spanish-American War Veterans or World War Vet-
erans, duly executed under the hand and seal of







RELATED LAWS


the Chief Officer and Secretary thereof attesting the
fact that the applicant is disabled and entitled to
receive a license within the meaning and intent of
this Act, or by the production of a pension certificate
issued to him by the United States of America by
reason of such disability, or by such other reason-
able proof as may be required by the tax collecting
authority to establish the fact that such applicant
is so disabled, and in addition by establishing to the
satisfaction of such tax collecting authority by means
of Certificate of Honorable Discharge or certified
copy thereof that he is a veteran within the purview
of this Act. All licenses issued under this Act shall
be in the same general form, and shall expire at the
same time, as other State, County and Municipal
licenses are fixed by law to expire. All licenses ob-
tained under the provisions of this Act by the com-
mission of fraud upon any issuing authority shall
be deemed null and void, and the person who has
fraudulently obtained any such license, or who has
fraudulently received any transfer of a license issued
to another and has thereafter engaged in any busi-
ness or occupation requiring a license under color
thereof, shall be subject to prosecution as for en-
gaging in a business or occupation without having
the required license under the General Laws of the
State of Florida. Nor shall such license be issued in
any county other than the county wherein said vet-
eran is a bona fide resident citizen elector, unless
such veteran applying therefore shall produce to the
tax collecting authority in such county a certificate of
the tax collector of his home county to the effect
that no exemption from license has been granted to
such veteran in his home county under the authority
of this Act."







RELATED LAWS 15

Chapter 14721-(1929)-Federal Fish Commissioner
given right to conduct hatcheries.-The State of
Florida hereby accords to the U. S. Commissioner of
Fisheries and his duly authorized agents the right
to conduct fish hatching and fish culture and all op-
erations connected therewith in any manner and at
any time that may by said Commissioner of Fisheries
be considered necessary and proper.







GENERAL SHELL FISH LAWS


(Governing Oysters, Clams and Wilks)
Open Season-October 1 to April 15
(Revised General Statutes of Florida)

1230. Bottoms of certain waters and shell fish
thereon property of State; supervision of commis-
sioner of agriculture; "shell fish" defined, etc.-That
all beds and bottoms of the rivers, bayous, lagoons,
lakes, bays, sounds and inlets bordering on or con-
necting with the Gulf of Mexico and the Atlantic
ocean and the beds or bottoms of the Gulf of Mexico
and the Atlantic ocean within the jurisdiction of the
State of Florida, and all oyster, clams, and other
shell fish naturally growing thereon shall continue
and remain the property of the State of Florida, and
shall be under the control of the Commissioner of
Agriculture of the State of Florida which said com-
missioner may permit of their use by residents of the
State of Florida, firms composed of residents of the
State of Florida, and Florida corporations and foreign
corporations which have received permits to do busi-
ness in this State, for the purpose of fishing, taking,
catching, bedding and raising oysters, clams and other
shell fish subject to the reservations and restrictions
hereinafter imposed by this article.
No grant, sale or conveyance of the lands forming
the bottoms or beds of said bodies or streams of water,
except conditional leases and dispositions hereinafter
provided for, shall hereafter be made by the State,
the internal improvement fund, the Commissioner of
Agriculture, or by any other official or political cor-
poration. Persons and corporations which have re-
ceived, or may hereafter receive permit to do business
in this State, with their factories, shucking plants
and shipping depots located in this State, may enjoy
the right of fishing oysters and clams from the nat-
ural reefs and of bedding oysters and clams on leased
bedding grounds, and shall have the right to employ






GENERAL SHELL FISH LAWS


such boats, vessels, or labor and assistance as they
may need: Provided, such oysters and clams are
canned, shucked or packed in this State, or shipped
raw in shell from a shipping depot in this State for
consumption either in or out of the State; but no
person, firm or corporation shall ship oysters or clams
out of the State for canning or packing, or carry them
out of the State for shipping. The words shell fish
shall be construed to be oysters, clams and wilks, and
the powers and authority herein conferred upon the
Shell Fish Commissioner, as named herein, shall only
relate to oysters, clams and wilks.
1231. Confirmation of former grants; proviso.-
That all grants prior to June 1, 1913, made in pur-
suance of heretofore existing laws, where the per-
son, firm or corporation receiving such grant, his
heirs or assigns, have bona fide compiled with the re-
quirements of said law, be and the same are hereby
confirmed as under said laws provided for: Provided,
That if any maternal or natural oyster or clam reefs
or beds on such granted premises are one hundred
square yards in area and contained natural oysters
and clams (coon oysters not included) in sufficient
quantity to have been resorted to by the general
public for the purposes of gathering oysters or clams
to sell for a livelihood at the time they were planted
by such grantee, his heirs or assigns, such reefs or
beds are hereby declared to be the property of the
State; and when such beds or reefs exist within the
territory heretofore granted as above set forth, or
that may hereafter be leased, such grantee or lessees
shall mark the boundaries of such oyster and clam
reefs or beds as may be designated by the Shell Fish
Commissioner as natural oyster or clam reefs or beds,
clearly defining the boundaries of the same, and shall
post notice or other device, as shall be required by
the Shell Fish Commissioner, giving notice to the pub-
lic that such oyster or clam bed or reef is the prop-
erty of the State, which said notice shall be main-
tained from September 1st to June 1st of each and
every year, on each oyster bed or reef and on each
clam bed for such period of each year as the Shell






18 GENERAL SHELL FISH LAWS

Fish Commissioner may direct, at the expense of the
grantee or lessee. The said Shell Fish Commissioner
shall investigate all grants heretofore made, and
where, in his opinion, the lessee or grantee has not
bona fide complied with the law under which he
received his grant or lease, he shall report the same
to the Commissioner of Agriculture, who is hereby
authorized and required to institute legal proceedings
to vacate the same, in order to use such lands for
the benefit of the public, subject to the same disposi-
tions as other bottoms.
1232. Appointment, term of office, compensation
and powers of Shell Fish Commissioner; employees
not to be interested in oyster industry.-The Gov-
ernor shall appoint one competent person, who shall
fill the office of Shell Fish Commissioner of the State
of Florida, and who shall not be financially interested
in the oyster or clam industry, who shall hold the
office for a period of four years and until his suc-
cessor is appointed and qualified, and he shall be
under the general direction and supervision of the
Commissioner of Agriculture, and shall receive a sal-
ary of $6,000.00 per annum, payable monthly out of
any funds in the State Treasury not otherwise appro-
priated, and actual traveling expenses while engaged
in the discharge of his official duties, not to exceed
$1,200.00 per annum, which salary and expenses for
the previous month shall be payable on the 15th of
each and every succeeding month. Said Shell Fish
Commissioner shall be and he is hereby vested with
full and complete police power and authority on be-
half of the State, to such an extent as his powers and
discretion shall be authorized by the provisions of this
Article and subsequent acts of the Legislature. Said
Shell Fish Commissioner shall be removed by the Gov-
ernor for cause. The said Shell Fish Commissioner
shall permit no clerks, agents, deputies or employees
of his to be interested in the oyster industry, or to be
in the employ of any person, firm or corporation en-
gaged in the oyster industry, under penalty of for-
feiture of all rights sought to be acquired by said







GENERAL SHELL FISH LAWS


clerks, agents, deputies, or employees. Said Shell
Fish Commissioner shall have his domicile at such a
place within this State as lie may select, and at which
said office, the records of the Shell Fish Commissioner
shall be kept.
1233. Powers and duties of Commissioner of Agri-
culture.-The Commissioner of Agriculture shall have
authority, in the name of and for the State, to buy,
sell, hold, lease and hypothecate property, real, per-
sonal and mixed, in connection with the shell fish in-
dustry; to make and execute all contracts, and gen-
erally to do and perform all things necessary to carry
out the provisions of this Article, subject to all lim-
itations and duties herein provided. Copies of all reg-
ulations of said Commissioner of Agriculture and
copies of his proceedings, or leases, papers and other
records, certified to by him under his seal, concerning
any matter touching on the oyster and clam industry
or business, shall lie received in all courts as prima
facie evidence of the acts, documents, records and pro-
ceedings of said Commissioner of Agriculture con-
cerning the same. Said Commissioner of Agriculture
shall adopt rules and regulations for a comprehensive
accomplishment of this Article and the control of the
oyster and clam industry, and he is hereby authorized
to suspend, close or prevent the catching of oysters
or clams for a period at any one time not exceeding
two years, from any natural or artificial reefs or beds,
or from any bed, planted by the State or county.
Any person in interest who feels aggrieved by any
such rule or regulation of the Commissioner of Agri-
culture concerning any oyster or clam matter, shall
have the right to test the legality, justice or reason-
ableness of the same in the chancery courts.
It shall be the duty of the said Commissioner of
Agriculture to examine all accounts, and determine,
together with the Shell Fish Commissioner, what
work shall be undertaken. The Shell Fish Commis-
sioner shall, under the direction of the Commissioner
of Agriculture, improve, enlarge and protect the nat-
ural oyster reefs of this State as the means at their







20 GENERAL SHELL FISH LAWS

disposal will permit, and they may deem advisable.
Said Shell Fish Commissioner and his deputies shall
assist and give the same attention and as great effort
in protecting the leases and grants of persons holding
grants or leases in the enjoyment of their rights as he
does in protecting the natural oyster reefs or beds of
the State, and he shall make to the Commissioner of
Agriculture a detailed report of his acts and doings
as such Shell Fish Commissioner, and of the condition
of the Shell Fish Industry, and the oyster, clam and
shell fish territory belonging to the State, and the
Commissioner of Agriculture shall make to each ses-
sion of the Legislature a detailed report of his acts
and doings in the shell fish business hereunder, and
such recommendations for the development of the
shell fish industry and the proper protection of the
rights of the State, and private holdings as he may
deem advisable.
1234. Duties of Attorney-General and State Attor-
neys; may employ additional counsel.-It shall be the
duty of the Attorney-General to do and perform the
legal business of said Commissioners, but if at any
time any question of law or any litigation arises, and
the Attorney-General is otherwise occupied and can-
not give the time and attention necessary to such
question of law or litigation as the occasion demands,
it shall be the duty of the several State attorneys to
attend to any such question of law or litigation aris-
ing within their respective circuits, and if such State
Attorney is otherwise occupied and cannot give the
time and attention necessary which such question of
court or litigation as the case may demand, the said
Commissioner of Agriculture may employ additional
counsel for that particular cause, with the advice and
consent of the Attorney-General, which additional
counsel's fees shall be paid out of any funds to the
credit of the Shell Fish Industry.
1235. Employment and compensation of chief sur-
veyor; use of government surveys; employment and
duties of other surveyors; appointment and com-
pensation of deputies.-The said Commissioner of







GENERAL SHELL FISH LAWS


Agriculture may employ a civil engineer and surveyor
to be known as the chief surveyor, whose compensa-
tion shall be not more than $125.00 per month and
actual traveling expenses, and whose services shall be
devoted exclusively to the work of the said Commis-
sioner of Agriculture, under the direction of the Shell
Fish Commissioner, when, in his opinion, the same is
necessary: Provided, There are sufficient funds to
the credit of the Shell Fish Industry to provide for
payment of his salary and expenses. The said Com-
missioners shall accept, adopt and use the official re-
ports, surveys and maps of oyster, clam or other shell
fish grounds that may hereafter be made, under the
direction of the U. S. Fish Commission as prima facie
evidence of any natural oyster reefs for the purposes
and intents of this Article. The Commissioner of
Agriculture may employ other surveyors as may be
necessary to have any other bottoms surveyed when
deemed necessary. It shall be the duty of said chief
surveyor and said other surveyors to survey the bed-
ding grounds of applicants. Said surveyors shall re-
ceive as pay or compensation for such work, such
sums as may be agreed upon by said surveyors and
the said Commissioner of Agriculture, not to exceed
five dollars per day and actual traveling expenses.
The cost of all surveys shall be paid by the applicant,
which cost shall include five dollars a day and actual
traveling expenses of the chief surveyor, when the
survey is made by him, to be placed to the credit of
the Shell Fish Industry, with the State Treasurer.
The said Shell Fish Commissioner shall have author-
ity to appoint deputies to act as collectors, patrolmen,
and to do and perform other duties imposed upon the
Shell Fish Commissioner by this Article, as he may
deem proper, at salaries, wages, hire or commission,
to regulate the oyster and clam industry, and carry
into effect the provisions of this Article, and the rules
and regulations of the Commissioner of Agriculture,
as may be agreed upon between them: Provided, No
such deputy shall receive as compensation more than
10 per cent of all moneys collected by him. and which







22 GENERAL SHELL FISH LAWS


such compensation not to exceed $50.00 per month.
All deputies of the Shell Fish Commissioner may be
removed by him at any time for cause.
1236. Collection and disposition of funds collected;
disbursements; fiscal year; duties of carriers as to
transportation and privilege tax; official bond of
Commissioner and deputies; closed season.-All
funds collected under the provisions of this Article
by any deputy or agent of the said Shell Fish Com-
missioner shall by such deputy or agent be remitted
daily to the Commissioner of Agriculture, or he shall
daily deposit the same in any P. 0. Depository or
Bank, designated for this purpose by the said Com-
missioner of Agriculture: Provided, The collections
amount to $5.00 or more, and at the end of each and
every week he shall make a detailed report and remit
or deposit as aforesaid, as he may be directed, any
moneys on hand collected under the provisions of this
Article for that week to the said Commissioner of
Agriculture. The said Commissioner of Agriculture
shall at the end of each and every month for the
previous month, make a detailed report in triplicate,
of all moneys collected, showing when collected, and
from what source, one copy of which he shall file in
his office, one copy shall be by him mailed or delivered
to the Governor of the State of Florida, and one copy,
together with all moneys received by him from said
Shell Fish Industry for the previous month shall be
deposited by him with the State Treasurer. The State
Treasurer shall receive the same and place said
amount to the credit of the Shell Fish Industry in a
book kept by him for that purpose. All accounts,
claims and bills of every nature against the Shell
Fish Industry shall be examined by the Commis-
sioner of Agriculture, and if found correct, he shall
0. K. the same and deliver it to the Comptroller. The
Comptroller, upon receipt of any account, claim or bill
against the Shell Fish Industry when 0. K. by the
Commissioner of Agriculture, shall issue his warrant
drawn on the State Treasurer, against the Shell Fish
Industry, to pay such account, claim or bill. All war-
rants drawn on said Shell Fish Industry fund by the






GENERAL SHELL FISH LAWS


Comptroller shall specify the indebtedness said war-
rants are intended to liquidate, in whole or in part,
which warrants the State Treasurer shall honor and
pay out of any moneys to the credit of said Shell Fish
Industry.
The fiscal year shall begin July 1st and end June
30th of each and every year.
The funds for all licenses, rents and other sources,
inclusive of the two-cent privilege tax hereinafter
required, shall be collected by the said Shell Fish
Commissioner under such rules and regulations as the
Commissioner of Agriculture may prescribe, and he
shall remit or deposit the same as the Commissioner
of Agriculture may direct.
No railroad, steamboat or other common carrier,
shall knowingly transport any raw oysters or clams
during the closed season, or knowingly receive any
oysters or clams subject to the privilege tax herein
provided, and upon which the privilege has not been
paid, without entering the tax on the bill of lading
and collecting the same, and it shall be their duty to
remit the amount of tax so collected to the Commis-
sioner of Agriculture at such times and in such man-
ner as he may direct, and it shall be unlawful for
any common carrier to transport any raw oysters be-
tween the 15th day of April and the first day of
October of each year. Any common carrier so trans-
porting or failing to collect said privilege tax as
herein provided for, and failing to remit the same to
the Commissioner of Agriculture, as herein provided
for, shall be deemed guilty of a violation of the pro-
visions of this Article. Oysters and clams may be
taken at any time for the home consumption only by
such persons taking them and not exceeding one bar-
rel in shell or two gallons of opened or shucked oysters
or clams in any one day.
Bonds for the faithful performance of his duties
shall be furnished by the Shell Fish Commissioner,
made payable to the Governor of the State of Florida,
in the sum of one thousand dollars. The Shell Fish
Commissioner shall have the right to require all his






24 GENERAL SHELL FISH LAWS

deputies, agents or employees, employed in carrying
out the provisions of this Article, to give bond in
such sum as in his judgment he may deem fit. All
bonds shall be made payable to the Governor of the
State of Florida. No one interested in the oyster or
clam industry shall be competent security on said
bonds.
1237. Employment of clerical assistance; Com-
missioner may acquire boats, etc.; ports of entry for
payment of privilege tax; records and returns by
canners and dealers.-The said Commissioner may
employ necessary clerical assistance, and the Com-
missioner of Agriculture, at the request of the Shell
Fish Commissioner, may acquire such boats, vessels
and other property as in his opinion may be neces-
sary to regulate and control the oyster and clam in-
dustry, as soon as sufficient funds become available
and said Shell Fish Commissioner, with the consent
of the Commissioner of Agriculture, may establish
and maintain by means of vessels, the necessary pa-
trol of the waters herein stated, with authority to
use such force as may be necessary to capture any
vessel or person violating the provisions of this
Article. The said Commissioner of Agriculture shall
have the power to establish ports of entry at such
points as he may deem convenient, where the privilege
tax hereinafter levied on oysters and clams shall be
paid, and he shall have the power to make such rules
and regulations as may be necessary to enforce the
collection of the privilege tax or license hereinafter
levied on oysters and clams subject thereto, and upon
boats, persons, firms and corporations engaged in the
oyster and clam industry.
Each packer, canner, corporation, firm, commission
man or dealer in shell fish shall keep a record on
blanks of forms prescribed by said Commissioner of
Agriculture, of all oysters, clams and shell fish pur-
chased, used or handled by him or them, with the
name of the parties from whom purchased, the quan-
tity and the date, and shall keep an itemized account
of all oysters, clams and shell fish caught by such
packer, corporation, firm, dealer or other person, when






GENERALL SHELL FISH LAWS


caught and taken by boat controlled by them, and
shall exhibit said account at all times when requested
so to do by the Shell Fish Commissioner, or by any
of his deputies, or agent, or person authorized by him
in writing so to do, and shall on the first day of each
month make a return under oath to the said Com-
missioner of Agriculture, as to the number of oysters,
clams and shell fish purchased, caught or handled
during the preceding month. The Commissioner of
Agriculture shall be authorized to require detailed
returns whenever he deems same necessary.
1238. Privilege Tax Levied.-(Revised by Chapter
8588, Acts of 1921.)-The words shell fish shall be
construed to include oysters and clams. For the pur-
pose of improving and enlarging the natural oyster
and clam reefs and protecting both the natural reef
and private bedding grounds, and to carry out the
purpose of this Article, as one of the conditions on
which the State consents to the fishing, gathering, or
removal of oysters and clams from her natural reefs,
and the use or rental of her water bottoms for oyster
and clam propagating purposes, there shall be and is
hereby levied a special assessment forced contribution
or privilege tax of two cents per barrel on each and
every barrel of oysters or clams gathered from the
waters of this State, whether from natural or arti-
ficial reefs, bedding or propagating grounds, for sale,
and on all oysters and clams that are opened before
they are measured in the shell for sale, a privilege
tax of one cent per gallon or fraction thereof, shall
be imposed.
Oysters or clams taken from any natural reef for
bedding purposes, shall not pay this privilege tax
until again taken up for sale. All moneys derived
from this special privilege tax shall be set aside as
a planting fund for the county in which collected and
shall be spent in planting the public oyster and clam
reefs.
NOTE-Section 7 of Chapter 9388, Act of 1923, provides
for the collection of three cents per barrel on all oysters
taken from the natural reefs of the State for raw stock






26 GENERAL SHELL FISH LAWS

purposes, in addition to the two-cent tax provided for In
Section 1238. Section 2 of Chapter 10131, Act of 1925,
provides for the collection of three cents per barrel on
steam or canned stock oysters, in addition to the above
quoted privilege taxes.
1239. Wholesale and Retail License, Commis-
sioner authorized to enter boats and buildings.-
(Revised by Chapter 8588, Acts of 1921.)-No person
firm or corporation shall engage in the business of
wholesale or retail dealer in oysters, or clams, or
operate any oyster or clam canning factory until they
have procured from the Commissioner of Agriculture
a license to operate such a business. A wholesale
dealer shall be considered anyone who sells or ships
oysters or clams by the barrel or gallon to a retail
dealer. A retail dealer shall be considered anyone
who sells oysters or clams raw direct to the consumer
except restaurants or hotels, serving as a meal. A
wholesale dealer shall pay a license of ten ($10.00)
dollars per annum and a retail dealer shall pay a
license tax of five ($5.00) dollars per annum, and
oyster and clam canning factories shall pay a license
tax of fifty dollars per annum. Any and all boats
or vessels, engaged in the shell fish industry before
beginning operations, the owner or person operating
such boat or vessel, shall procure from the Commis-
sioner of Agriculture a license based on the follow-
ing schedule: Boats not over sixteen feet long or
over four feet wide, a charge of one dollar shall be
made. Boats over sixteen feet long and over four
feet wide, an additional charge of twenty cents for
each additional foot of length or beam shall be
charged in addition to the base rate of one ($1.05)
dollar and five cents. Provided, however, that any
person paying a license on any boat or vessel engaged
in the fishing industry, shall not be required to pay
an additional license tax on such boat for engaging in
the shell fish industry. Application for such licenses
shall be made on blanks to be furnished by the Shell
Fish Commissioner and all such licenses shall be col-
lected by the Shell Fish Commissioner or his duly
authorized deputies as provided by law.






GENERAL SHELL FISH LAWS


It shall be unlawful for any person to catch or take
with a trawl net or any kind of net or device any
shrimp in the waters of the Gulf of Mexico, or its
tributaries, in the jurisdiction of the State of Florida,
either by trawl net or any kind of net or device, from
the first day of January to the fifteenth day of March
of any year. All persons, firms or corporations en-
gaging in or operating such business or vessel, with-
out previously securing the required license herein
provided for shall be deemed guilty of a violation of
this Article.
The Shell Fish Commissioner and his duly author-
ized deputies are hereby authorized to enter upon any
boat or enter any building or warehouse where oysters
or clams are stored or kept for the purpose of ex-
amining such oysters.
1240. Leasing bottoms for oyster culture to cit-
izens; regulations.-That the Commissioner of Agri-
culture shall have power to lease any water bottoms
in the State of Florida not claimed under some grant
or alienation heretofore made, and any bottoms here-
tofore granted, if cancelled or vacated, may be leased
by the Commissioner of Agriculture, for the purpose
of giving the exclusive rights to plant oysters or clams
thereon. No natural oyster or clam reefs, bars or
beds shall be leased except as provided for herein.
These leases can only be made to citizens of the State
of Florida, and Florida firms composed of citizens
of the State of Florida, and Florida corporations
domiciled in this State, and foreign corporations which
have received permits to do business in this State.
No one person or firm shall hold or own stock in more
than one oyster or clam corporation or firm leasing
oyster or clam bottoms in this State.
1241. Form of application for lease; notice to
riparian owner; lands leased to be as compact as
possible.-When any qualified person, firm or cor-
poration, desiring to lease a part of the bottom or
bed of any of the water of this State, for the purpose
of growing oysters or clams, as provided for herein,





28 GENERAL SHELL FISH LAWS

he shall present to the said Commissioner of Agri-
culture a written application setting forth the name
and address of the applicant, a reasonably definite
description of the location and amount of the land
covered by water desired, and shall pray that the
application be filed; that the water bottoms be sur-
veyed and a plat or map of the survey thereof be
made if no plat or map of such bottoms should in the
opinion of the said commissioner have been so made,
and that the water bottoms described be leased to the
applicant under the provisions of this Article, which
applicant shall accompany with his written applica-
tion a sufficient sum to defray the estimated expenses
of the survey; thereupon the Commissioner of Agri-
culture shall file such application and shall direct the
Shell Fish Commissioner to have the same surveyed
and platted forthwith at the expense of the applicant.
When applications are made by two or more persons
for the same lands, they shall be leased to the appli-
cant who first filed application for same; but to all
applications for leases of any of the bottoms of said
waters owned under the riparian Acts of the laws
of Florida, heretofore enacted, notice of such applica-
tion shall be given the riparian owner, when known,
and when not known, notice of such application shall
be given by publication for four weeks in some news-
paper published in the county in which the waters lie,
and when there is no newspaper published in such
county, then by posting such notice for four weeks at
the court house door of said county, and preference
shall be given to such riparian owners under the terms
and conditions herein created, when such riparian
owner makes application for such water bottoms for
the purpose of planting oysters or clams before the
same are leased to another.
The said Commissioners shall require the bodies of
lands leased to be as compact as possible, taking into
consideration the shape of the body of water and the
condition of the bottom as to hardness, or soft mud






GENERAL SHELL FISH LAWS


or sand, or other conditions which would render the
bottoms desirable or undesirable for the purpose of
oyster or clam cultivation.
1242. Execution of leases; lessee to stake off
boundaries; penalty for failure to comply with reg-
ulations.-That as soon as the survey shall have
been made and the plat or map thereof shall have
been filed with the said Commissioner of Agriculture,
and the cost thereof paid by the applicant, the said
Commissioner of Agriculture shall execute in dupli-
cate a lease of the water bottoms to the applicant.
One duplicate, with a plat or map of the water bot-
toms so leased, to be delivered to the applicant, and
the other, with a plat or map of the bottom so leased,
to be retained by the said Commissioner of Agricul-
ture, and registered in a lease book which shall be
kept exclusively for that purpose by the said Com-
missioner of Agriculture, and thereafter such lessees
shall enjoy the exclusive use of said lands, and all
oysters and clams, shell and cultch grown or placed
thereon shall be the exclusive property of such lessee
as long as he shall comply with the provisions herein.
The Shell Fish Commissioner shall require the lessee
to stake off and mark the water bottoms leased, by
such ranges, monuments, stakes, buoys, etc., so placed
and made as not to interfere with the navigation, as
he may deem necessary to locate the same to the end
that the location and limits of the lands embraced
in such lease be easily and accurately found and fixed,
and such lessee shall keep the same in good condi-
tion during the open oyster or clam season. Failure
on the part of the lessee to comply with the orders of
the Shell Fish Commissioner to this effect within the
time fixed by him, and to keep the same in good con-
dition during the open oyster or clam season, shall
subject such lessee to a fine not exceeding twenty-five
dollars for each and every such offense. All lessees
shall cause the area of the leased water bottoms and
the names of the lessees to be shown by signs as may
be determined by the Shell Fish Commissioner, if so
required by him.





30 GENERAL SHELL FISH LAWS

1243. Leases to continue in perpetuity; payment
of rent; no person to control over certain acreage;
other stipulations in leases; taxes; when cultivation
to begin.-All leases shall be made under the pro-
visions of this Article, and shall begin on the day that
lease is signed, and shall continue in perpetuity under
such restrictions as shall herein be stated. The rent
shall be fifty cents per acre or any fraction of an acre
per year. This rent shall be paid in advance at the
time of signing the lease up to the first day of Jan-
uary following, and annually thereafter in advance
on or before the first day of January of each year,
whether the lease be held by the original lessee or by
an heir, assignee or transfer.
No person, firm or corporation shall lease, hold or
control more than five hundred acres of such water
bottoms, and any person, firm or corporation which
holds or controls, or seeks or attempts to hold or con-
trol by partnership or otherwise, except under the
conditions herein named, more than this amount by
any scheme, agreement or understanding or combina-
tion whatsoever, or by any right whatsoever, shall
forfeit all leases held by him or it.
The said Commissioner of Agriculture shall have the
power to make such stipulations in the leases as he
shall deem necessary or proper, not conflicting with
the provisions of this Article, for the purpose of carry-
ing out the provisions of this Article. No taxes, assess-
ments or other license than those imposed in this
Article shall be levied or imposed on said leases or
said leased lands, but the annual rental exacted and
paid shall be held and considered all that can or shall
be exacted by the State or county, subordinate politi-
cal corporations or municipalities.
Each tenant leasing from the State, water bottoms
under the provisions of this Article, shall within one
year from the date of such lease, begin bona fide the
cultivation of the same, and shall by the end of the
second year from the commencement of his lease,
have placed under cultivation at least one-tenth of






GENERAL SHELL FTSH LAWS


the water bottom leased, and shall each year thereafter
place in cultivation at least one-tenth of the water
bottom leased, until the whole suitable for bedding
oysters or clams, shall have been put in cultivation
by the planting thereon not less than two hundred
barrels of oysters, shell, or its equivalent in cultch
to the acre. Where leases are granted or where grants
have heretofore been made under existing laws for
the planting of oysters or clams, such lessee or grantee
is authorized to plant the leased or granted bottoms
both in oysters and clams.
1244. Leases transferable, proviso; leases may be
mortgaged; subject to seizure for debt; transfers to
be registered, etc.-Said leases shall be heritable
and shall be transferable in whole or in part (pro-
vided the heirs or transferees be residents of this
State, or firms composed of residents of this State, or
Florida corporations operating in this State and for-
eign corporations which have received permits to do
business in this State. Non-residents of this State
acquiring, by inheritance or at forced sale, or persons
already holding five hundred acres, shall be permitted
to hold for two years, during which time, under pen-
alty of forfeiture; non-residents shall sell to some
qualified person, firm or corporation of this State such
bedding or propagating grounds as may be acquired
by them.) And those holding more than five hundred
acres shall sell to some qualified person, firm or cor-
poration of this State, such bedding or propagating
grounds as he may have acquired in excess of 500
acres. These leases shall also be subject to mortgage,
pledge or hypothecation, and shall be subject to seizure
and sale for debts as any other property, rights and
credits in this State, and this provision shall also
apply to all buildings, betterments and improvements
thereon. No such inheritance or transfer shall be
valid or of any force or effect whatever unless evi-
denced by an authentic act, judgment or proper judi-
cial deed, registered in the office of the Commissioner
of Agriculture, in a book to be provided for said pur-
pose. The Commissioner of Agriculture shall keep






32 GENERAL SHELL FISH LAWS

proper indices, so that all original leases and all sub-
sequent changes and transfers can be easily and
accurately ascertained.
1245. Stipulations in leases as to payment of rent;
forfeiture for non-payment; notice; sale of forfeited
leases to highest bidder, etc.-All leases shall stipu-
late for the payment of the annual rent in advance on
or before the first day of January of each year, and
the further stipulation that the failure of the tenant
to pay the rent punctually on or before said day, or
within thirty days thereafter, shall ipso facto, and
upon demand, terminate and cancel said lease and
forfeit to the State all the works, improvements, bet-
terments, oysters and clams on the said leased water
bottoms, and authorize the said Commissioner to at
once enter on said water bottom and take possession
thereof, and such water bottom shall then be open
for lease as herein provided; and the said Commis-
sioner of Agriculture shall within ten days thereafter
enter such termination, cancellation and forfeiture
on his books and shall give such public notice thereof,
and of the fact that the water bottoms are open to
lease, as he shall deem proper: Provided, That the
said Commissioner of Agriculture may, in his discre-
tion, waive such termination, cancellation and for-
feiture when the rent due, with ten per cent addi-
tional, and all costs and expenses growing out of such
failure to pay, be tendered to him within sixty days
after the same became due: Provided, That in all
cases of cancellation of lease, the said Commissioner
of Agriculture shall after sixty days' notice by pub-
lication in some newspaper published in the State,
having a general State-wide circulation, which said
notice shall contain a full description of the leased
waters and beds and any parts thereof, sell such lease
to the highest and best bidder, and all moneys re-
ceived over and above the rents due to the State,
under the terms of the lease and provisions herein,
and costs and expenses growing out of such failure to
pay, shall be paid to the lessee forfeiting his rights
therein. No leased water bottoms shall be forfeited






GENERAL SHELL FISH LAWS


for non-payment of rent under the provisions of this
section, unless there shall previously have been mailed
by the said Commissioner of Agriculture to the last
known address of such tenant according to the books
of the said Commissioner of Agriculture, thirty days'
notice of the maturity of such lease. Whenever any
leased water bottom is forfeited for non-payment of
rent, and there is a plat or survey thereof in the
archives of the said Commissioner of Agriculture,
when such bedding grounds are released, no new sur-
vey thereof shall be made, but the original stakes,
monuments and bounds shall be preserved, and the
new lease shall be based upon the original survey.
1246. Increase of rentals after ten years.-After
a period of ten years from date the lease is first
signed, the rentals shall be increased to a minimum
of one dollar per acre per annum, the said Commission-
er of Agriculture, by and with the assistance of the
Shell Fish Commissioner, shall assess rental value on
the leased water bottoms, taking into consideration
their value as oyster or clam growing water bottoms,
their nearness to factories, transportation and other
conditions adding value thereto, and placing such val-
uation upon them in shape of annual rental to be paid
thereunder as said condition shall warrant. Should the
tenant or lessee be dissatisfied with the rental so fixed
by the said Commissioners, he shall have the right to
bring an action by bill in chancery in the circuit court
of the county in which the leased lands or any por-
tion thereof, is situated, against the said Commis-
sioners, to have said valuation passed upon by said
court, and made to conform to justice and equity.
Both parties shall have the right of appeal from the
judgment of the circuit court to the supreme court.
1247. Natural oyster bar defined; cancellation of
leases to natural bars; review by court; when nat-
ural bars may be included in lease.-A natural oyster
or clam reef, or bed, or bar, shall be considered and
defined as an area containing not less than one hun-
dred square yards of the bottom where oysters or
clams are found in a stratum.







34 GENERAL SHELL FISH LAWS

Should anyone within six months after the passage
of this Act claim that a natural oyster or clam reef
or bed exists within territory heretofore granted un-
der existing laws, having an area of one hundred
square yards, upon which there were natural or
maternal oysters or clams (not including coon oysters)
in sufficient quantities to constitute a stratum, and had
oysters in sufficient quantities to have at the time of
issuing the grant, and at the time the particular bed
was planted, to have been resorted to by the public
generally for the purpose of gathering oysters to sell
for a livelihood, and has oysters in sufficient quanti-
ties to form a stratum, or on such granted bottoms
not claimed to have been planted by such person, firm
or corporation, or on bottoms of riparian owners, he
shall address a written application to the said Com-
missioner of Agriculture, verified under oath, in which
he shall concisely set forth his claim and state the
location and approximate areas of the natural reef,
and shall request the Commissioner of Agriculture
to cancel the lease as to said reef or bed. Each such
petition shall be accompanied by a deposit of ten dol-
lars to defray the cost of examining into the matter.
and no petition shall be considered unless accompanied
by this deposit. The petition may include in the pro-
test several contemporaneous beds or bars at the same
time, and one deposit shall suffice. Upon receipt of
such claim, the Commissioner of Agriculture shall
require the Shell Fish Commissioner to go in person
and investigate the same, and the Shell Fish Com-
missioner shall thoroughly investigate the charge and
make a written report of his doings and findings to
the Commissioner of Agriculture, and should the
Commissioner of Agriculture determine that the charge
is untrue, the ten dollars deposited by the petitioner
shall go to defray the expenses, otherwise the same
shall be returned to the petitioner. Should the said
Commissioner of Agriculture determine that the said
leased area contains a natural reef of the above de-
scription, the lessee, grantee or riparian owner shall
pay all costs and expenses of the investigation, and






GENERAL SHELL FISH LAWS


the said natural reef shall be marked with buoys and
stakes and notices placed thereon, showing that it is
a public reef, at the expense of the lessee, grantee or
riparian owner. In all cases, said lessee, grantee or
riparian owner, must be notified of the charge and of
the time and place of the investigation and be given
full and reasonable opportunity to be heard. No such
petition shall be received and acted upon unless
presented within six months after the date of the
lease as to all leases that may be made under the pro-
visions of this Article, or within six months from the
passage of this Act, and its approval by the Governor
as to all grants heretofore made under heretofore ex-
isting laws, or to any oyster reef claimed to have
been made heretofore by any riparian owner or his
grantor on his riparian bottoms, and after such time
shall have elapsed the lessee, grantee or riparian own-
ers shall be secure against attacks on such account.
In every case the decision of the said Commissioner
of Agriculture shall be subject to appeal or review by
the chancery courts of the county within which the
alleged natural reef is situated, who shall dispose of
the matter as rapidly as possible. The decision of
the circuit court shall be subject to appeal to the
Supreme Court. as now provided by law. In the event
that an application for oyster or clam bedding
grounds is filed and upon survey of such bedding
ground, it should develop that the area applied for
contains natural oyster or clam reefs or beds less in
size than one hundred square yards, or oyster or clam
reefs or bars of greater size, but not of sufficient
quantity to constitute a stratum, and it should further
be made to appear by the affidavit of the applicant,
and such other proof as the Commissioner of Agri-
culture may require, and the Shell Fish Commissioner
should be of the opinion, after a personal investiga-
tion, that the natural reef, bed or bar could not be
excluded, and the territory applied for properly pro-
tected or policed. The Commissioner of Agriculture
may, if he deems it best for the interest of the State,
and the oyster industry, so to do, permit the including







36 GENERAL SHELL FISH LAWS

of such natural reefs, beds or bars, and he shall fix a
reasonable value on the same, to be paid by the appli-
cant for such bedding ground.
1248. License number to be painted on boat and
displayed.-The said Commissioner of Agriculture
shall give to each licensed vessel or boat a license
number, and the captain of each vessel shall at once
cause to be painted on each side of the bow of such
vessel or boat, in figures at least six inches long and
of proportional width, in a color distinct and differ-
ent from the body color of the hull, and also shall dis-
play said number on the peek of the mainsail of such
vessel, if the same be a sailing craft, and each figure
on said sail shall be at least twelve inches long, of
proportionate width, and four inches apart.
1249. Culling oysters and clams taken from nat-
ural bars; regulations; "coon oyster" and "reef
bunch oyster" defined; fishing for bedding purposes,
etc.-All oysters and clams taken from the natural
reefs of this State shall be culled, unless otherwise
herein provided for, upon their natural reefs as taken.
All oysters which measure less than three inches from
hinge to mouth, and all bedding shells shall be imme-
diately replaced and scattered broadcast upon the
natural reefs from which they are taken. All clams
under two inches, measured from hinge across at
widest point, shall be returned to the bottom of the
bed from where taken. In the determining what
oysters shall be removed from marketable oysters,
no oyster under three inches from hinge to mouth
shall be included in the percentage of oysters under
size: Provided they adhere to the marketable oysters
so closely that to remove the same would destroy
either the oyster under size or the marketable oyster.
No captain or person in charge of any vessel, and no
canner, packer, commission man, dealer, or other per-
son shall have in his possession off the natural reefs
any natural reef oysters not culled according to law,
unless permitted by the said Commissioner of Agri-
culture for the purpose of planting as herein provided
for, nor shall he have any clams less than two inches







GENERAL SHELL FISH LAWS


as herein described, in his possession off of any clam
bed. An excess of over five per cent of bed shells
and small oysters and clams estimated as above pro-
vided for in any cargo or lot of oysters or clams
shall be considered a violation of this Article, and
the Shell Fish Commissioner or any of his deputies
or any police officer of the State of Florida, are hereby
authorized to cause to be measured up the whole or a
part of said cargo or lot of oysters or clams at the
expense of such person or vessel, to determine said
percentage when found necessary.
A "coon" oyster is defined to be such oysters that
may be found growing in bunches along the shore
between high and low water mark. A "reef bunch"
oyster is defined to be such oysters as are found grow-
ing on the bars or reefs in the open bay and exposed
to the air between high and low tides.
The Shell Fish Commissioner may permit lessees
of oysters or clam bedding grounds located more than
two miles from a known natural oyster or clam reef
or bed, to fish for bedding purposes from the natural
reefs, unculled oysters and clams as seed, without tax
or charge: Provided, This shall only lie done when
oysters or clams are not in full milk or spawn, to-
wit: between February first, and April first of each
year for oysters, and from May first to July first of
each year for clams, after obtaining from the said
Shell Fish Commissioner a written permit so to do:
and Provided, No lessee shall fish more than two hun-
dred barrels of seed oysters per acre of his lease;
and the gathering of more than two hundred barrels
per acre will be a violation of this Article; Provided,
further, that in the event of the destruction of the
oysters or clams on said leased bearing grounds by an
unavoidable accident or natural calamity, upon satis-
factory proof of the same, made to the Shell Fish
Commissioners, said lessee may obtain a similar sec-
ond supply of seed oysters, or clams without tax or
charge.
1250. Removing oysters from natural reefs; li-
cense for use dredges; annual police license on







38 GENERAL SHELL FISH LAWS

vessel using dredge; use of implements by lessee;
permit and bond.-That it shall be unlawful to use
a dredge or any means or implements other than hand
tongs in removing oysters from the natural or artifi-
cial State reefs, except in bodies of water over a
general depth of twelve feet, or where in the opinion
of the Shell Fish Commissioner, the body of water,
regardless of its depth, is too open and exposed to lie
ordinarily fished with hand tongs, in which event the
said Commissioner of Agriculture shall be authorized
to issue a license for .the use of scrapers or dredges:
Provided, The applicant shall pay an annual police
license fee of twenty-five dollars for each sailing or
power vessel using scrapers or dredges, in addition to
its other license, and shall give bond in favor of
the Governor of the State of Florida. with good se-
curity, to be approved by the Commissioner of Agri-
culture, in the sum of three thousand dollars, condi-
tioned that said implements shall not be used on the
State reefs contrary to law. Upon the payment of
twenty-five dollars annually, for each vessel or boat
using a dredge or machinery in the gathering of
clams, a license may be issued for such use to such
person.
Lessees of bedding grounds shall have the right to
use in such liedding grounds any implements or ap-
pliances that they may desire. The Commissioner
of Agriculture shall require that such lessees procure
a permit from him to use such implements, and shall
require of such lessees that they shall furnish a bond
payable to the Governor of the State of Florida, to
lie approved by the Commissioner of Agriculture, in
the sum of three thousand dollars, that such imple-
ments or appliances shall not be used on the natural
oyster reefs contrary to law. When such implements
or appliances are used exclusively on private pro-
pagating or bedding grounds, no charge shall be made
for said permit.
1251. Trespass on leased beds; gathering oysters
between sunset and sunrise from natural reefs, etc.
-Any person, firm or corporation who shall willfully







GENERAL SHELL FISH LAWS


take oysters, shells, cultch or clams bedded or planted
by a licensee under this Article, or grantee under the
provisions of heretofore existing laws, or riparian
owner who may have heretofore planted the same on
his riparian bottoms, or any oysters or clams de-
posited by anyone making up a cargo for market,
or who shall willfully carry or attempt to carry away
the same without permission of the owner thereof,
or who shall willfully or knowingly remove, break off,
destroy, or otherwise injure or alter any stakes,
bounds, monuments, buoys, notices or other designa-
tions of any natural oyster or clam reefs or beds or
private bedding or propagating grounds, or who shall
willfully injure, destroy or remove any other pro-
tection around any oyster or clamn beds, or who shall
willfully move any bedding ground, stakes, buoys,
marks or designations placed by the Shell Fish Com-
missioner, or who shall gather oysters between sunset
or sunrise from the natural reefs or from private
bedding grounds, unless lie shall have lights attached
to the rigging of said boat or vessel, if the same be a
sailing vessel, or placed in some conspicuous place
on said boat or vessel, if the same be a power boat or
vessel, in such a manner that it may be seen from
every direction, shall be guilty of a violation of the
provision of this Act.
1252. Violators may be arrested without war-
rant; rules of Commissioner to be published.-That
for the purpose of carrying into effect the provisions
of this Article, the said Shell Fish Commissioner and
his deputies are hereby constituted police officers, with
power to arrest on view, without warrant, anyone
violating the provisions of this Article, and it shall
be the duty of such Shell Fish Commissioner and his
deputies to lend their assistance in making arrests to
any other police officer of this State.
The Commissioner of Agriculture shall, as soon as
possible, and sufficient funds are to the credit of the
Shell Fish Industry, have copies of this Act printed
for free distribution, and lie shall publish his rules
and regulations from time to time as promulgated,







40 GENERAL SHELL FISH LAWS

and shall publish his rules and regulations in pam-
phlet form for free distribution, and shall make an
annual report to the Governor of his operations and
doings hereunder.
1253. Settlement of disputes as to boundaries; re-
view by courts; annual expenditure authorized for
betterment of industry; counties may make expendi-
ture, etc.-The Commissioner of Agriculture, with
the assistance of the Shell Fish Commissioner, shall
be authorized to determine and settle all disputes as
to boundaries between lessees of bedding grounds
heretofore granted, or to be henceforth granted, the
proceedings to be conducted under such rules and
regulations as the Commissioner of Agriculture may
prescribe, reserving to each party the right to appeal
to the courts. The Shell Fish Commissioner shall in
all cases be the judge as to whether any particular
bottom is or is not a natural reef or bed, when it is
suitable bottom for bedding oysters or clams.
The Shell Fish Commissioner shall, under the su-
pervision of the Commissioner of Agriculture, for the
best interest of the Shell Fish Industry of this State.
spend not exceeding ten thousand dollars per annum
in creating, improving, enlarging and protecting nat-
ural oyster reefs or beds in this State, and in carrying
on experiments for the enlargement and betterment
of the Shell Fish Industry, as said Commissioners
may determine: Provided, There is at such time re-
maining to the credit of the Shell Fish Industry with
the State Treasurer above current expenses, such
sum of money as is proposed to be used for that pur-
pose. The board of county Commissioners of the sev-
eral counties of this State, in order to accomplish
the purposes of this Article, are hereby authorized
and permitted to appropriate and expend such sum or
sums as they may deem proper for the purpose of
planting or transplanting oyster shell or cultch, out
of any sum in the county treasury not otherwise ap-
propriated.
1254. Standard measure for oysters and clams;
stamping measures; fees; oyster and clam measure






GENERAL SHELL FISH LAWS


record.-(Revised by Chapter 8588, Acts of 1921.)
As a standard measure, a half barrel of oysters shall
consist of a tub or other round vessel of the following
dimensions, or the cubical equivalent thereof, to-wit:
It shall measure eighteen and one-half inches inside
at the top, and seventeen inches from the bottom to
top, and twenty-five and one-half inches diagonal, the
unit of such tub or measure may be in the shape of an
inverted frustrum of a cone. Two of these measures
filled, rounded and banked shall make one barrel, and
all oysters or clams bought and sold in this State in
the shell shall be measured in a measure of this
equivalent, or measure holding a fraction or multiple
thereof; and it shall be unlawful for any person to
have in his possession any measure for oysters or
clams in the shell that shall differ in equivalent size
from the measure herein provided for; or demand or
require a cargo of less or greater measure in buying
or selling; and no vessel or measure shall be used
in buying or selling oysters or clams until it has been
measured and stamped by the Shell Fish Commis-
sioner, his agents or deputies, with a metal tag or
stamp, showing the quantity of oysters or clams such
measure will hold.
It shall be the duty of the Commissioner of Agri-
culture to make, or have made, to be paid out of any
funds to the credit of the Shell Fish Industry, such
measures, to lie sold at actual cost, and to have the
Shell Fish Commissioner visit, or have his agents or
deputies visit, for the purpose of measuring all ves-
sels used in the buying or selling of oysters or
clams; each place where oysters or clams are bought
or sold, and the Shell Fish Commissioner shall keep
a book in which shall be recorded the dimensions of
all measures so measured. For each stamp or tag
the Commissioner of Agriculture shall charge the sum
of twenty-five cents from the person, firm or corpora-
tion to whom it is issued, and such moneys shall be
deposited in the Shell Fish Fund.
The Commissioner of Agriculture shall keep a book,
to be known as the Oyster and Clam Measure Record,
in which he shall register the name of each person,






42 GENERAL SHELL FISH LAWS

firm or corporation to whom was issued such stamp
or tag, and the date of issuance and its number, and
said record shall be open for the inspection of the
public.
1255. Seizure of vessels and cargoes; liable to
forfeiture; disposition of cargoes; sale of vessels;
disposition of funds arising from sale; license.-
Vessels with their cargoes violating the provisions of
this law shall be seized by anyone duly and lawfully
authorized to make arrests under this Article, or
by any sheriff or his deputies, or any constable and
taken into custody, and when not arrested by the
sheriff or his deputies, or a constable, delivered to the
sheriff of the county in which the seizure is made,
and shall be liable to forfeiture, on appropriate pro-
ceedings being instituted by the Shell Fish Commis-
sioner, when authorized so to do by the Commissioner
of Agriculture, before the courts of that county. In
such case the cargo shall at once be disposed of by
the sheriff or constable, for account of whom it may
concern. Should the master or any of the crew of
said vessel be found guilty of using dredges or other
instruments in fishing oysters on natural reefs, con-
trary to law, or fishing on the natural oyster or clam
reefs out of season, or unlawfully taking oysters or
clams belonging to a lessee, such vessel shall be de-
clared forfeited by the court, and ordered sold and
the proceeds of the sale shall be deposited with the
State Treasurer to the credit of the Shell Fish In-
dustry, and such person, firm or corporation as are
guilty of such violations of this law shall not be per-
mitted to have other privileged tax herein provided
for within a period of one year from the date of con-
viction. Pending proceedings such vessel may be re-
leased upon the owner furnishing bond, with good and
solvent security in double the value of the vessel,
conditional upon its being returned in good condition
to the sheriff or constable to abide the judgment of
Ihe court.
Any person to whom any license under this Article
may have been given, found guilty of violating the







GENERAL SHELL FISH LAWS


provisions of this Act shall at once forfeit all license
that he may have; and no more shall be issued to him
for a period of one year from such conviction.
1256. Fees of Commissioner of Agriculture.-The
Commissioner of Agriculture shall charge and receive
a fee of two dollars for each lease granted, and in all
other cases not herein specifically provided for, the
same fees as are allowed the clerks of the court for
like service. All fees shall be paid by the party
served. The Commissioner of Agriculture shall re-
ceive no compensation for his services from the Shell
Fish Industry Fund, and all fees paid to the Com-
missioner of Agriculture shall be converted into the
general revenue fund of the State.
1257. Rights of riparian owners under Act.-Ri-
parian owners shall not, under the provisions of this
Article, be disturbed in the use of the land a reason-
able distance out from medium tide for the purpose
of erecting wharves, docks, piers, warehouses or other
permanent improvements; and such riparian owners
shall have the right to fill up from the shore, bank
or beach, as far as may be desired, not obstructing
the channel, but leaving full space for the require-
ments of commerce, and shall have all the rights
given them by Section 1227 of these Revised General
Statutes of this State, anything in this Article to the
contrary notwithstanding.
5836. Making false returns as to number of oys-
ters or clams handled by packer or dealer.-Each
packer, canner, corporation, firm, commission man or
dealer in shell fish shall on the first day of each
month make a return under oath to the Commissioner
of Agriculture, as to the number of oysters, clams
and shell fish purchased, caught. or handled during
the preceding month, and the making of any false
affidavit to any return shall be perjury, punishable
as provided in case of perjury.
5837. Failure of lessee to comply with order of
commissioner as to staking off leased bottoms.-
Failure on the part of the lessee, of any water bottom
for oyster or clam purposes, to comply with the or-






44 GENERAL SHELL FISH LAWS

ders of the Shell Fish Commissioner as to staking off
and marking the water bottoms leased, by such
ranges, monuments, stakes, buoys, etc., so placed and
made as not to interfere with navigation, within the
time fixed by him, and to keep the same in good con-
dition during the open oyster or clam season, shall
subject such lessee to a fine not exceeding twenty-five
dollars for each and every such offense.
5838. Staking off water bottoms, or bedding oys-
ters without obtaining lease.-Any person, firm or
corporation staking off the water bottoms of this State,
or bedding oysters on the bottoms of the waters of
this State, without previously leasing same as re-
quired by law, shall be guilty of a misdemeanor, and
shall upon conviction, pay a fine not exceeding one
hundred dollars, or shall suffer punishment not exceed-
ing six months, or both such fine and imprisonment,
in the discretion of the court, and shall acquire no
rights by reason of such staking off. This provision
does not apply to grants heretofore made under the
provisions of any heretofore existing laws, or to arti-
ficial beds made heretofore by riparian owners or his
grantees on his riparian bottoms.
5839. Closed season for oysters; rule of evidence;
proviso.-That it shall not be lawful for any person,
firm or corporation to take, gather or catch oysters
on the natural reefs of this State, or to have such
oysters in their possession for sale between the fif-
teenth day of April and the first day of October of
each year, except from private leased or granted
grounds, or artificial beds of riparian owners as
herein described, and except as herein further pro-
vided; and the possession of oysters during said
closed season shall be prima face a violation of this
Section, and the burden shall be on the possessor of
oysters, to prove that they were fished or gathered
beyond the jurisdiction of the State of Florida, or
from private oyster beds. The Commissioner of Agri-
culture shall, however, have authority to permit the
fishing of unculled oysters from the natural oyster
reefs as herein provided, from the first day of April






GENERAL SHELL FISH LAWS 45

until the first day of October, but only for bedding
purposes, and then only under such rules and regu-
lations as said Commissioner may adopt to carry out
the provisions of. law.
5840. Using dredge, etc., for oysters.-Anyone
operating on the natural reefs a dredge, scraper or
similar instruments in gathering oysters or clams
contrary to the provisions of law, shall upon con-
viction, be fined in a sum not exceeding one thousand
dollars, or imprisonment not exceeding two years, or
both, in the discretion of the court.
5841. Punishment for violation of regulations not
otherwise provided for.-Any person found guilty of
willfully violating any of the provisions of Article 7,
Chapter 5, Title 7, First Division of these Revised
General Statutes, or of Section 5839, shall, upon con-
viction, unless otherwise provided, be fined in a sum
not more than one hundred dollars or imprisonment
not more than six months, or both, in the discretion
of the court.








SPECIAL SHELL FISH LAWS FOR
COUNTIES

(Counties not included do not have special laws)


FRANKLIN COUNTY

Chapter 16429-(1933)-Lawful to gather and
transport oysters in Florida during September with
certain restrictions.-From and after the passage of
this Act it shall be lawful to tong, take and gather
oysters of the size now permitted by law from the
natural and artificial or planted beds, bars and reefs
in Franklin County, Florida, during the month of
September in each and every year and to possess,
transport, and sell such oysters in the State of Flor-
ida. Provided, however, such oysters so taken, pos-
sessed, sold or transported during the month of Sep-
tember shall be taken, possessed, sold and trans-
ported subject to and under all the provisions, re-
striction and limitations now imposed by law for the
taking, possessing, transporting and sale during the
open season of to-wit: October 1st to April 15th of
each year.
Chapter 16092-(1933)-Lawful to plant and trans-
fer shells on certain bottoms.-In all coastal counties
of the State having a population of not less than
6280 or more than 6300, lessees of water bottoms or
submerged lands now or hereafter leased from the
State may for the purpose of planting or propagating
the growth of oysters on said bottom so leased in
lieu of the method now provided by law, plant or
propagate ten barrels of seed oysters or the equiv-
alent in other cultch in a seed bed of 868 square feet
or more for each acre of bottom now or hereafter
leased, and may transfer the increase of half shells
taken from each harvest of such beds annually to






SPECIAL SHELL FISH LAWS


each such acre or bottom leased until the bottoms
so leased shall contain not less than 200 barrels per
acre as now required by law.
Chapter 16093-(1933)--Lessee must acquire 500
acres.-From and after the passage of this Act,
lessees of water bottoms or submerged lands, or ap-
plicants for such leases, who have made application
for lease and made deposits of moneys necessary to
defray the estimated cost of the survey of such bot-
toms prior to January 1st, 1933, for the culture of
oysters or clams in coastal counties having a popu-
lation of not less than 6280 nor more than 6300 ac-
cording to the last official census, shall be and they
are hereby authorized to acquire, own, control or as-
sign more than 500 acres for each lessee regardless
of the acreage leased or for which application for
lease was filed and deposit to defray the estimated
cost of survey made prior to January 1st, 1933, and
regardless of whether such lessee or applicant was
or was not a resident of the State of Florida when
such lease was made or application filed and deposit
made prior to January 1st, 1933 for the survey of
the bottoms sought to be leased.
Chapter 16094-(1933)-Lessees must provide 10
barrels of oysters for planting purposes.-From and
after the passage of this Act all lessees who have
leased, or who have applied for leases of water bot-
toms or submerged land for the culture of oysters
and clams in coastal counties having a population
of not less than 6280 nor more than 6300, according
to the last official census, shall be and they are hereby
authorized to take free of any privilege tax thereon
ten barrels of seed oysters for the purpose of plant-
ing and propagation from the natural oyster beds
in such counties, for planting purposes only, for each
acre of bottom leased or for which lease has been
applied for, and deposit made for the survey of the
bottoms to be leased, at any time during the year for
the purpose of planting or propagation and without
restriction with regard to the distance of the natural






48 SPECIAL SHELL FISH LAWS

bed from which said seed oysters are taken to the
bottoms so leased or for which application for lease
has been made, of the seed bed to which the said ten
barrels of seed oysters are to be planted whenever
and wherever such lessee or lessees have heretofore
secured a lease or have prior to January 1st, 1933,
filed with the Shell Fish Commissioner of the State
of Florida an application for lease and made deposit
with him pursuant to statute of the moneys necessary
to defray the estimated cost of the survey of the bot-
toms sought to be leased.
Section 2. Any person using oysters taken from
the natural bars under the guise of using the same
for the purposes permitted by this act, lut diverting
the use of same to any other purpose, shall be deemed
guilty of a misdemeanor and punished accordingly.
Chapter 16431-(1933)-Use of dredges on bottoms
permitted under certain conditions.-From and after
the passage of this act the Shell Fish Commissioner
of the State of Florida, or the person or board that
may then be charged with the administration of the
powers and duties now imposed upon the Shell Fish
Commission shall and he or they is and are hereby
authorized and empowered to permit, upon certain
bars, beds or reefs, at certain times and under cer-
tain conditions to be imposed, the use of dredges in
the taking and gathering of oysters from the natural
beds, bars or reefs in Franklin County, Florida.
Section 2. Before any dredging authorized by the
preceding section may be permitted or done it shall
be the duty of the Shell Fish Commissioner, or the
person or Board charged with the administration and
enforcement of the law relating to shell fish, to desig-
nate by public order or proclamation from what nat-
ural beds, bars or reefs in Franklin County, Florida.
oysters may be dredged, the time during which such
beds, bars or reefs so designated may be dredged and
the condition, restriction and limitation upon which
such dredging may be done.






SPECIAL SHELL FISH LAWS


Section 3. The dredging permitted under the
authority of this act shall be done under the super-
vision of the Shell Fish Commission and subject to
such regulations as may be imposed with regard
thereto.
Section 4. Any person dredging oysters from any
of the beds, bars or reefs in Franklin County, Flor-
ida, in violation of any rule, regulation or restriction
imposed pursuant to the terms of this act, or dredging
oysters from any bed, bar or reef not designated pur-
suant to the terms of this act, shall be guilty of a
misdemeanor and upon conviction shall be punished
by fine of not more than Five Hundred Dollars or
imprisonment in the county jail not less than six
months, or both, in the discretion of the court.
Chapter 12750-(1927)-To regulate the taking of
Oysters.-Chapter 10553 of the Laws of Florida of
1925, entitled "An Act to regulate the taking of
oysters in Franklin County, Florida," be and the same
is hereby amended so as to read as follows:
Section 1. No person, firm or corporation shall
take, gather, remove, purchase, receive or have in pos-
session for sale or for canning purposes from the
natural oyster bars or reefs in Franklin County, Flor-
ida, any oysters measuring less than three and one-
half inches in length from tip to tip of shell. Pro-
vided that any boat load or cargo of oysters may con-
tain undersized oysters in the proportion of not more
than ten oysters to the one hundred when counted
and measured by the official half barrel measure, and
if any one such official measure out of any one cargo
or boat load shall contain more than ten of such
undersized oysters to the one hundred based upon
the entire contents of such measure, the taking or
possessing thereof shall be deemed to be a violation
of this Act.
Section 2. Any person, firm or corporation found
in possession of any oysters in violation of this Act
may be required by Shell Fish Commissioner or his
duly authorized deputy to return all of such under-






50 SPECIAL SHELL FISH LAWS


sized oysters to the oyster bar or reef from which
they were taken, and any person, flrih or corporation
who shall fail, neglect or refuse when so required
to return any such undersized oysters to the bars or
reefs from which such oysters were taken within
twenty-four hours after being so required by written
order of such Shell Fish Commissioner or deputy shall
be deemed guilty of a separate and distinct violation
of this Act.
Section 3. The State Shell Fish Commissioner is
hereby authorized and empowered to designate each
year and from time to time such natural oyster bars
or reefs in said County of Franklin as may be stocked
with oysters of such size and quality as to be unsuit-
able for the raw stock trade, but which may be fit and
suitable for canning purposes; and to provide a stated
period within which oysters may be taken from such
designated bars or reefs for canning purposes. It
shall be lawful from February 1st to April 15th of
each year during the time or period so designated by
the Shell Fish Commissioner to take, remove and sell
and to have, possess and use, for canning purposes
only oysters from the oyster bars or reefs so desig-
nated by the State Shell Fish Commissioner not less
than three inches in length over all from tip to tip of
shell, and ten per cent of oysters under said size shall
be allowable to take care of the difficulties of culling.
It shall be unlawful to take such three-inch oysters
from any natural bar or reef other than an oyster
bar or reef so designated by the Shell Fish Commis-
sioner, or to take such oysters from such designated
reefs or bars at any time when the same shall not be
open for said purposes by order of the Shell Fish
Commissioner.
Section 4. Whoever shall be convicted of a viola-
tion of any of the provisions of this Act shall be pun-
ished by fine not exceeding One Hundred Dollars
or by imprisonment not exceeding three months.






SPECIAL SHELL FISH LAWS


GULF COUNTY

Chapter 16445-(1933)-Lawful to take and sell
oysters from April 15 to September 30.-On and after
the passage of this Act it shall be lawful for any
person to take or gather oysters from the public
oyster bars or reefs in Gulf County, Florida, from
April 15th, to September 30th, of each year for sale in
said county and sale of such oysters solely in said
county shall be considered lawful, provided, that no
oyster taken from April 15th and September 30th,
shall be canned or shipped beyond the limits of Gulf
County.
Section 2. Any person, firm, or corporation that
shall can or ship any raw oysters beyond the limits
of Gulf County from April 15th, to September 30th,
of any year shall be considered guilty of misdemeanor
and punished as provided by law.



WAKULLA COUNTY

Chapter 7616-(1917)-To define what constitutes
a natural oyster bar, and to prohibit the leasing of
the same.-Any oyster bar in the County of Wakulla,
State of Florida, which contains any live oysters, re-
gardless of size, shall be deemed a natural oyster bar,
and shall not be subject to lease by the Shell Fish
Commissioner or any other official of the State of
Florida.
Section 2. Nothing in this Act shall be so construed
as to prohibit the leasing of oyster bottoms in the salt
waters in the County of Wakulla, State of Florida,
or taking from any bar any oysters known and desig-
nated as "raccoon oysters" for planting said oysters
in oyster bottoms under the authority of the State
of Florida.
Chapter 8207-(1919)-Permitting the taking and
sale of oysters during closed season.-That on and






52 SPECIAL SHELL FISH LAWS

after the passage of this Act it shall be lawful for
any person to take or gather oysters from the public
oyster bars or reefs in Wakulla County, Florida, from
April 20th to September 30th of each year, for sale
in said County, and the sale of such oysters solely
within said County shall be considered lawful. Pro-
vided, however, that no oysters taken from April 20th
to September 30th shall be canned or shipped beyond
the limits of Wakulla County, Florida.
Section 2. Any person, persons, firm or corporation
that shall can or ship any raw oysters beyond the
limits of Wakulla County from April 20th to Sep-
tember 30th of any year, shall be considered guilty
of a misdemeanor and punished as provided by law.







GENERAL SHRIMP LAW


Chapter 13799-(1929)-Restrictions on taking of
shrimp and prawn.-No shrimp or prawn shall be
fished for or caught in the waters of the Atlantic
Ocean within the jurisdiction of the State of Florida
except as hereinafter provided for; by non-residents or
aliens who have not had a continual residence in the
State of Florida for one year, and in the county for
six months before fishing for or catching shrimp or
prawn. It is hereby made the duty of the State Shell
Fish Commissioner and/or his deputies and the sheriff
and/or his deputy of the several counties of the State
of Florida to enforce the provisions of this Act.
Section 2. The Shell Fish Commissioner of the
State of Florida shall have authority to enter into an
agreement of reciprocity with the Fish Commissioners
or other departments or other proper officials of other
states, whereby the citizens of the State of Florida
may be permitted to take or to catch shrimp or prawn
from the waters under the jurisdiction of such other
states, upon similar agreement to allow such non-resi-
dents or aliens fish for or catch shrimp or prawn
within the jurisdiction of the State of Florida regard-
less of residence.
Section 3. That any person, firm or corporation
violating the provisions of the Act shall be guilty of a
misdemeanor, and upon conviction thereof, shall be
fined in the sum of not exceeding Five Hundred
($500.00) Dollars, or by imprisonment in the county
jail not exceeding six months, or by both such fine
and imprisonment in the discretion of the court.
Chapter 8590-(1921)-To restrict aliens and non-
residents in taking or catching shrimp and prawn for
commercial purposes in the waters of the Atlantic
coast within the jurisdiction of the State of Florida.
-That aliens and non-residents are hereby prohibited
from taking or catching shrimp or prawn for com-
53






GENERAL SHRIMP LAWS


mercial purposes in the waters of the Atlantic Coast
within the jurisdiction of the State of Florida, except
where acting as a member of the crew of a boat or
Vessel owned wholly by citizens and residents of this
State, or as a member of the crew, or master, or
owner or part owner of a boat or vessel which has
been licensed to take or catch shrimp or prawn in
such waters, as provided in the next section of this
Act.
Section 2. That every boat or vessel which is
owned in whole or in part by an alien or non-resident,
whether as an individual, partner or stockholder, or
in any other capacity, is hereby prohibited from being
used in the taking or catching shrimp or prawn for
commercial purposes in the waters of the Atlantic
Coast within the jurisdiction of the State of Florida,
umess such vessel has been licensed by the Commis-
sioner of Agriculture of Florida to take shrimp or
prawn in such waters, and to obtain such license the
owner or owners of such boat or vessel, shall be
required to make written application therefore, and in
such application to give the name of the boat or ves-
sel, and of the owner or owners thereof, and to pay
an annual license tax of two thousand dollars, and
upon payment of such amount the Commissioner of
Agriculture shall issue a license to such boat or vessel
by name, authorizing it to be used for taking or
catching shrimp or prawn for commercial purposes in
such waters, and shall also give the name in such
license of the principal owner of said boat or vessel,
and such license shall not be transferable. Provided,
the money from the sale of licenses under this Act
shall be credited to the Shell Fish Fund, and pro-
vided further that such licenses shall be subject to
the inspection of the Shell Fish Commissioner or his
authorized deputy.
Section 3. A non-resident, within the meaning of
this Act, is defined to be any person other than an
alien who has not resided bona fide and continuously
in this State for one year.







GENERAL SHRIMP LAWS


Section 4. That any alien or non-resident, who
shall take or catch shrimp or prawn contrary to the
provisions of this Act, shall upon conviction thereof
be fined not more than one thousand dollars, or be
imprisoned in the county jail not longer than one
year.
Section 5. That the owner or owners of any boat
or vessel owned wholly or in part by any alien or
non-resident, who shall knowingly use, or permit to be
used, such boat or vessel in violation of the provisions
of this Act shall upon conviction be fined not less
than five hundred dollars, nor more than one thousand
dollars, or be imprisoned in the county jail not less
than three months nor longer than one year.
Section 6. That any boat or vessel which is by this
Act required to obtain a license for taking or catching
shrimp or prawn in the waters aforesaid that shall
be used for such purposes without a license having
been first procured, as herein provided, shall be sub-
ject to a penalty of five hundred dollars, which may
be recovered in a suit by attachment, to be brought
in the name of the State of Florida, in which the
writ shall issue without bond upon the prosecuting
officer of the court having jurisdiction of such action
filing with the Clerk of such court an affidavit that
he has reason to believe and does believe that such
boat or vessel has been used for taking or catching
shrimp or prawn without first having obtained a li-
cense for such purpose, and contrary to the provisions
of this Act. Notice or summons in such action may
be served by delivering a true copy thereof to the
owner or master, or to any person in charge or control
of such boat or vessel.
Section 7. That any citizen or resident of this
State, or other person, who shall allow the use of his
name as owner, agent, trustee, lessee, assignee, or
transferee of any boat or vessel owned in whole or in
part by any alien or non-resident, or who shall be-
come trustee, lessee, assignee, or transferee, of any
such boat or vessel, or of the interest of any alien or
non-resident therein, with the intention and purpose






GENERAL SHRIMP LAWS


of aiding, abetting, assisting or furthering such alien
or non-resident in evading any of the provisions of
this Act shall be guilty of a misdemeanor, and upon
conviction thereof shall be subject to a fine of not less
than one hundred dollars nor more than one thousand
dollars, or to be imprisoned in the county jail for not
less than one month nor longer than one year.
Section 8. That prosecutions and actions to re-
cover penalties under this Act may be instituted in
any county along the shores or in the waters of which
the shrimp or prawn have been taken or caught, or
the boat or vessel has been used for such purpose, or
in any county into which the shrimp or prawn may
have been brought to be marketed, or in which the
boat or vessel which has been used in taking such
shrimp or prawn may come.
Section 9. That where shrimp or prawn are found
in the possession of any person or persons hereby
prohibited from taking or catching the same, or
aboard any boat or vessel which is hereby prohibited
from being used for such purpose, in any port or har-
bor of this State, or on the waters within its juris-
diction, along the Atlantic Coast, in greater quantity
than one bushel, such possession shall be prima facie
evidence that such shrimp or prawn were taken or
caught for commercial purposes and within the waters
where such taking or catching is hereby prohibited.








SPECIAL SHRIMP LAWS



DUVAL COUNTY

Chapter 9434-(1923)-Manner in which shrimp
may be taken.-It shall be unlawful for any person,
association or persons, firm or corporation to take
shrimp from the waters of Duval County, by the use
of any device other than that known as and com-
monly called a cast net.
Section 2. Any person convicted of the violation of
any of the provisions of this Act shall be punished by
a fine of not more than $100.00 and not less than
$10.00 or by imprisonment in the county jail for not
more than thirty days, or by both such fine and im-
prisonment.



ESCAMBIA COUNTY
Chapter 10016-(1923)-Providing for taking of
shrimp at any time from the waters of Pensacola
Bay.-That from and after the passage of this Act
it shall be lawful for any person, or corporation, to
catch and take shrimp from the waters of Pensacola
Bay, In the County of Escambia in said State at any
time and in any way, manner or means, except dyna-
miting or shooting.
Section 2. That any person, or corporation, asso-
ciation of persons, firm of corporation, convicted of
shooting or dynamiting shrimp in said Pensacola Bay
shall be punished by a fine of not more than $100.00
and not less than $10.00, or by Imprisonment in the
county jail for not more than 30 days, or by both fine
and Imprisonment.







58 SPECIAL SHRIMP LAWS

NASSAU COUNTY

Chapter 8120-(1919)-Lawful to use trawl nets in
outside waters.-On and after the passage of this
Act it shall be lawful for any person, persons, firm or
corporation to fish or cause to be fished in the outside
waters of Nassau County, Florida, a trawl net of any
size mesh for the purpose of catching shrimp.
Chapter 8777-(1921)-Unlawful to take or catch
shrimp or prawn for commercial purposes.-That it
shall be unlawful for any person, firm or corporation
to take or catch any shrimp or prawn for commercial
purposes in any bay, sound, inlet, or river in the
County of Nassau, in the State of Florida.
Section 2. That anyone violating the provisions of
this Act shall be deemed guilty of a misdemeanor.








GENERAL CRAB LAW

Open Season-July 21 to March 21



Chapter 13616-(1929)-Regulation of shipment and
catching of stone crabs.-It shall be unlawful for
any person, persons, firm or corporation to catch or to
have in their possession for their own use, or to sell,
or offer for sale any stone crab smaller than ten
inches (10") long with claws extended.
Section 2. It shall be unlawful for any person,
persons, firm or corporation to catch or to have in
their possession for their own use, or otherwise
sell or offer to sell any stone crab whatsoever
of any size between the 21st day of March and the
21st day of July, of each and every year. Provided
that stone crabs may be taken within the waters of
Levy County and St. Johns County for the use and
personal consumption of the person or persons catch-
ing said stone crabs.
Section 3. Any person convicted of any violation
under this Act shall be guilty of a misdemeanor, and
shall be fined not less than Twenty-five ($25.00) Dol-
lars, nor more than One Hundred ($100.00) Dollars,
or by imprisonment in the county jail, for not less
than (30) days, nor more than ninety (90) days, for
each offense, or by both such fine and imprisonment in
the discretion of the court.








SPECIAL CRAB LAW


MANATEE, PINELLAS AND HILLSBOROUGH
COUNTIES
Chapter 7600-(1917)-To regulate the shipment
and catching of stone crabs and to provide a closed
season.-That it shall be unlawful for any person,
persons, firm or corporation to catch or have in their
possession for their own use or to sell or offer for sale
any stone crab smaller than ten inches long when
claws are extended.
Section 2. It shall be unlawful for any person, per-
sons, firm or corporation at any time to ship stone
crabs out of the State of Florida from the Counties
of Manatee, Pinellas and Hillsborough, or to accept
for transportation any such stone crabs.
Section 3. It shall be unlawful for any person, per-
sons, firm or corporation to catch or to have in their
possession for their own use or otherwise sell or offer
to sell any stone crab whatsoever of any size between
the first day of May and the thirtieth day of Sep-
tember of each and every year.
Section 4. It shall be unlawful for any person, per-
sons, firm or corporation to sell, offer for sale any
dead stone crab or any stone crab the claws of which
have been removed or the claws of any stone crab
that have been removed from the body of such crab;
that in all cases where crabs are offered for sale, the
whole live crab shall be sold or offered for sale, un-
less they have been thoroughly cooked and are served
for immediate consumption.
Section 5. Any person convicted of any violation
under this Act shall be guilty of a misdemeanor and
shall be fined not less than twenty-five dollars nor
more than one hundred dollars, or imprisonment not
less than thirty days nor more than ninety days for
each offense, or both such fine and imprisonment in
the discretion of the Court.








GENERAL CRAYFISH LAW

Open Season-July 21 to March 21



Chapter 14702-(1931)-Closed season for crayfish.
-It shall be unlawful for any person, firm or cor-
poration, or association of persons, to take or catch
any salt water crayfish from the waters of the State
of Florida for commercial purposes or to have in their
possession, regardless of where caught or taken be-
tween the 21st day of March and 21st day of July,
of any year, provided that salt water crayfish may be
caught at any time for purposes of bait by persons
using same, for fishing, or for purposes of propaga-
tion, or research by any State or biological station.
Provided, however, that it shall be unlawful for any
person, firm or corporation, or association of persons
at any time to take or catch, or have in its or their
possession, regardless of where taken or caught, any
salt water crayfish weighing less than one pound
avoirdupois, for any purpose whatsoever."
Section 2. It shall be unlawful for any carrier or
employee of such carrier to carry or knowingly to re-
ceive for carriage or permit the carriage of any cray-
fish, regardless of where said crayfish may have been
caught or taken, between the 21st day of March and
the 21st day of July, of any year.
Section 3. This Act shall be construed and it is
hereby the intent of the Legislature that this Act
shall apply to all crayfish caught, transported or
possessed during the closed season, except crayfish
lawfully imported from a foreign country for reship-
ment outside of the territorial limits of the State of
Florida, but in no case will such shipments be per-
mitted to pass through the territorial limits of the







62 GENERAL CRAYFISH LAWS

State of Florida, unless accompanied by certified in-
voice, and same must be shipped from the port of
entry.
Section 4. Any person, persons, firm or corpora-
tion, or association of persons violating any provi-
sions of this Act shall be deemed guilty of a misde-
meanor and upon conviction shall be punished by a
fine of not more than Two Hundred and Fifty Dollars
($250.00) or by'imprisonment in the county jail for
not more than six (6) months, or both.








GENERAL SPONGE LAW


Revised General Statutes of Florida
1282. Titles to sponges vested in State.-That all
sponges within the jurisdiction of the State of Florida
are hereby declared and shall continue and remain the
property of the State of Florida, and may be taken
and used by the citizens of the State of Florida and
persons not citizens of this State, subject to the re-
strictions and reservations hereinafter imposed by this
article.
1283. Police license on vessels engaged In sponge
industry.-Any and all boats or vessels engaged in
the sponge industry in the waters of the State, before
beginning operations must first procure a police license
from the Commissioner of Agriculture, and for this
purpose the owner, captain or agent of such vessel
or boat must present, in writing to the Commissioner
of Agriculture, an application setting forth the name
and description of such vessel or boat, the name and
post office of the owner, whether such boat or vessel is
to be used for diving or hooking, and any such other
information as the Commissioner of Agriculture shall
deem necessary, on blanks to be furnished by the
Commissioner of Agriculture, and thereupon the Com-
missioner of Agriculture shall register such boat or
vessel and issue necessary license on payment of the
tax herein provided for. Such licenses shall be pro-
cured on or before the first day of October of each
year.
All licenses shall be granted to the boats or vessels
according to the following schedule:
All boats, schooners or dinghies, for the purpose of
gathering sponges by the use of hooks only, shall pay
a tax of one dollar annually.






GENERAL SPONGE LAWS


All other boats or vessels, whether diving boats or
schooners, used in the sponge fishing industry, shall
pay a license tax of four dollars annually.
The Commissioner of Agriculture shall issue to each
licensed vessel or boat, at actual cost, a metal tag, on
which shall be printed the license year for which the
same is issued. Such metal tag shall be prominently
displayed on such boat or vessel.
1284. License year.-All licenses shall date from
October 1st of each year, and shall expire on Septem-
ber 30th of the next succeeding year, and shall be
issued on blanks or metal tags provided by the Com-
missioner of Agriculture and issued from his office.
1285. Licenses subject to inspection.-All licenses
shall always be subject to inspection by the Shell Fish
Commissioner and shall not be good for any vessel or
owner other than for which Issued.
1286. Collection of tax and administration of laws
under Shell Fish Commissioner.-The collection of
the tax imposed by this article and the administration
of all laws regulating the sponge fishing industry shall
be under the Shell Fish Commissioner, who shall have
power to appoint such deputies and hire such em-
ployes as may be necessary in the enforcement of the
provisions of this article.
1287. Powers of Shell Fish Commissioner; dispo-
sition of funds.-The Shell Fish Commissioner shall
have authority, without warrant, to board and search
any vessel or boat or enter any sponge house, ware-
house, or other building in which sponges are kept, in
which he may have cause to believe sponges under
size are stored, and the said Shell Fish Commissioner
or his deputies are hereby constituted State police
officers with full authority to arrest without warrant
anyone violating any of the provisions of this article.
The moneys collected for license taxes as herein im-
posed shall be deposited with the State Treasurer.
who shall place the same to the credit of the Shell
Fish Commissioner's fund.






GENERAL SPONGE LAWS


1288. Unlawful for persons to interfere with Com-
missioner.-It shall be unlawful for any person or
persons to resist or in any manner to interfere with
the Shell Fish Commissioner or any other deputies
while engaged in the performance of the duties im-
posed upon the Shell Fish Commissioner by this
article.
1289. Duty of Attorney General and State Attor-
neys.-It shall be the duty of the Attorney General
of the State of Florida, and of the State Attorneys
or prosecuting attorneys for the various counties in
which violations of this law may take place to attend
to all legal business arising in connection with the en-
forcement of this law.
1290. (3792.) Non-residents to pay tax for sponge
fishing.-Any person not a permanent resident of
the State of Florida who shall engage in the business
or occupation of sponge fishing, either for himself or
any other person, shall, before entering into said busi-
ness or occupation, pay an annual State license of
fifty dollars.
5842. (3792.) Non-residents to pay tax for sponge
fishing.-Any person not a permanent resident of
the State of Florida, who shall engage in the business
or occupation of sponge fishing, either for himself or
any other person shall, before entering into said busi-
ness or occupation, pay an annual State license of
fifty dollars. Any person violating the provisions of
this section shall be fined in a sum not to exceed one
hundred dollars or be imprisoned not exceeding three
months. One-half of any fine collected in any case
shall be paid to the party or parties furnishing the
necessary proofs of the violation of this section.
5843. Catching, sale, etc., of commercial sponges
less than five inches in diameter prohibited.-It shall
be unlawful for any person, persons, firm or corpora-
tion to take or catch by any means or method in the
waters of the Gulf of Mexico, or the Straits of Flor-
ida, or other waters within the territorial limits of






GENERAL SPONGE LAWS


this State, any commercial sponges measuring when
wet less than five inches in their maximum diameter,
or for any person, persons, firm or corporation to
land, deliver, cure, offer for sale or have possession
of at any port or place or upon any boat or vessel
any such commercial sponges.
Anyone violating any of the provisions of this sec-
tion shall be fined in the sum not exceeding five hun.
dred dollars or by imprisonment not exceeding one
year, or by both such fine and imprisonment.
5844. Possession of sponges less than five inches
prima facie evidence of violation.-That the presence
of sponges of the diameter of less than five inches on
any vessel or boat engaged in sponging in the waters
of the Gulf of Mexico, the Straits of Florida or other
waters within Florida, or the possession of any sponges less than the
said diameter sold and delivered by such person, per-
sons, firm or corporation, shall be prima facie evidence
of the violation of this Article.
5845. Shell Fish Commissioner authorized to make
search and arrests without warrant.-The Shell Fish
Commissioner shall have authority without warrant
to board and search any vessel or boat or enter any
sponge house, warehouse, or other building in which
sponges are kept, which he may have cause to believe
sponges under size are stored, and the Shell Fish
Commissioner or his deputies are hereby constituted
State police officers with full authority to arrest with-
out warrant anyone violating any of the provisions
of this Article.
5846. Diving suits, helmets, etc., used by deep sea
divers, prohibited.-It shall be unlawful for any per-
son, persons, firm or corporation to maintain and use
for the purpose of catching or taking commercial
sponges from the Gulf of Mexico, or the Straits of
Florida or other waters within the territorial limits
of the State of Florida, diving suits, helmets or other
apparatus used by deep sea divers.







GENERAL SPONGE LAWS


Anyone violating any of the provisions of this sec-
tion shall be fined in the sum not exceeding five hun-
dred dollars or by imprisonment not exceeding one
year, or by both such fine and imprisonment.
5847. (3795.) Prima facie evidence.-The fact of
having one or more diving suits or armors on board of
any vessel or boat in and upon any of the grounds
known as sponging grounds along the coast of Flor-
ida, shall be prima face evidence of the violation of
the preceding section.
5848. Use and size of hooks authorized.-Every
person engaged in the gathering of sponges shall use
a hook or hooks five inches wide for the purpose of
removing sponges from the bottom and no hook or
hooks of other dimensions shall be used.
Anyone violating any of the provisions of this sec-
tion shall be fined in the sum not exceeding five hun-
dred dollars or by imprisonment not exceeding one
year, or by both such fine and imprisonment.
5849. Resisting or interfering with Shell Fish
Commissioner.-It shall be unlawful for any person
or persons to resist or in any manner to interfere
with the Shell Fish Commissioner or any of his depu-
ties while engaged in the performance of the duties
imposed upon the Shell Fish Commissioner as provided
in this Article or in Article 9, Chapter 5, Title 7, First
Division of these Revised General Statutes.
Anyone violating any of the provisions of this sec-
tion shall be fined in the sum not exceeding five hun-
dred dollars or by imprisonment not exceeding one
year, or by both such fine and imprisonment.
5850. Failure of owner, captain or agent of boat
to take out police license.-Anyone violating any of
the provisions of Section 1283 shall be fined in the
sum not exceeding five hundred dollars or by im-
prisonment not exceeding one year, or by both such
fine and imprisonment.








GENERAL LAWS FOR PROTECTION MAN-
ATEE OR SEA COW, DIAMOND BACK
TERRAPIN, LOGGERHEAD OR
GREEN TURTLE


Revised General Statutes of Florida

5803. (3762.) Protection of manatee or sea cow.
-Any person who shall kill or capture in the waters
of the State of Florida a manatee or sea cow (Triche-
chus latirostris), without having obtained the permit
hereinafter mentioned, shall be fined not exceeding
five hundred dollars or imprisoned not exceeding three
months.
5804. (3763.) Permit to kill.-Whenever the
county commissioners of any county shall be satisfied
that the interest of science will be subserved, and
that the application for a permit to kill or capture
a manatee or sea cow in that county is for a scientific
purpose and should be granted, they may grant to
such person making the application a special permit to
kill or capture a manatee or sea cow, which permit
shall only extend to the capturing or killing of one
of such animals.
5805. (3764.) Protection of diamond back terra-
pin.-It shall be unlawful for any person to fish for
or catch any diamond back terrapin found in the salt
waters of this State, except in the waters of the gulf,
during the months of May, June and July. Any per-
son found guilty of this offense shall be fined not less
than five dollars nor more than fifty dollars for each
offense, or be imprisoned for not more than thirty
days.
5806. Closed season for loggerhead or green turtle
while out of the water.-That it shall be unlawful
for any person or persons, firm or corporation to take,







GENERAL MANATEE AND TURTLE LAWS 69

kill or mutilate or in anywise destroy any loggerhead
or green turtle while any such turtle is laying or
found out of the waters or upon the beaches of the
State of Florida during the months of May, June,
July and August of any year. That any person vio-
lating the provisions of this section shall be punished
by a fine not to exceed one hundred dollars or im-
prisonment in the county jail not to exceed sixty days,
or both such fine and imprisonment, in the discretion
of the court.









GENERAL SALT WATER FISH LAW


Revised General Statutes of Florida

1258. Ownership of fish vested in State.-That all
fish in the rivers, bayous, lagoons, lakes, bays, sounds
and inlets bordering on or connected with the Gulf of
Mexico and the Atlantic Ocean, or in the Gulf of
Mexico or Atlantic Ocean, within the jurisdiction of
the State of Florida, are hereby declared and shall
continue and remain the property of the State of
Florida, and may be taken and used by citizens of
this State and persons not citizens of this State, sub-
ject to the restrictions and reservations hereinafter
imposed by this article.
1259. License tax on wholesale and retail fish
dealers; terms defined.-No person, persons, firm or
corporation shall engage in the business of whole-
sale fish dealer until such person, persons, firm or cor-
poration shall have first procured from the Commis-
sioner of Agriculture of the State of Florida an an-
nual fish dealer's license, for which a charge of fifty
dollars shall be made. All retail fish dealers shall pay
a license tax of five dollars per annum. A wholesale
fish dealer shall be considered any one who sells fish
to a retail dealer other than the person who catches
the fish, and a retail dealer shall be considered any
one who sells fish directly to the consumer: Provided,
however, That anyone holding a merchandise license
may sell salt cured fish without payment of such
retail dealer's license.
NOTE-Act of 1025 provides that non-resident or alien
retail dealers shall pay a license tax of $50.00 and non-
resident or alien wholesale dealers shall pay a license tax
of $500.00.
1260. License tax on fishing boats; proviso.-Any
and all boats or vessels engaged in the fishing in-







GENERAL SALT WATER FISH LAWS 71

dustry in the salt waters of the State, before begin-
ning operations must first procure a police license
from the Commissioner of Agriculture, and for this
purpose the owner, captain or agent of such vessel
must present in writing to the said Commissioner of
Agriculture an application setting forth the name and
description of such vessel, name and post office of the
owner, the number of nets carried by such boat and
any such further data as said Commissioner of Agri-
culture shall deem necessary, on blanks to be fur-
nished by the Commissioner of Agriculture, and there-
upon the Commissioner of Agriculture shall register
such boat or vessel, and shall issue necessary license
on payment of cost thereof. All licenses shall be
granted to the boat or vessel according to the follow-
ing schedule:
Boats under 16 feet long and under 4 feet beam,
$1.05; boats over 16 feet long and over 4 feet beam,
20 cents for each additional foot or fraction thereof
of length or beam.
1261. Additional license tax on non-residents' fish-
ing boats.-An additional license tax of ten dollars
shall be required of all aliens or non-residents of the
State of Florida on each boat or vessel engaged in the
fishing industry in this State, operated in whole or
in part by such alien or non-resident, in addition to
the boat license tax required in this section. The fail-
ure of any alien or non-resident to secure such addi-
tional license for such boats, before engaging in the
fishing industry in this State will be considered a
violation of this article.
1262. License tax on non-resident fishermen.-
Whoever being an alien or non-resident of this State,
and who shall engage in taking fish from the salt
waters of this State for any purpose other than his
own individual use, shall be required to pay a license
tax of five dollars per annum. Such alien or non-
resident shall make application to the Commissioner
of Agriculture for such license on blanks furnished
by the Commissioner of Agriculture, which shall set







72 GENERAL SALT WATER FISH LAWS

forth the nationality of such alien or non-resident,
local address and such other information as may be
required by the Commissioner of Agriculture.
1263. License number and tag to be displayed on
boat.-The said Commissioner of Agriculture shall
give to each licensed vessel or boat a license number,
and the owner of such boat or vessel shall at once
cause to be painted on each side of the bow of such
boat or vessel, in figures at least six inches long and
proportionate width, in a color distinct and different
from the body color of the hull, and shall also dis-
play said number on the peak of the mainsail of such
vessel if the same be a sailing craft, and each figure
on said sail shall be at least twelve inches long, of
proportionate width, and four inches apart.
The Commissioner of Agriculture shall give to each
licensed vessel or boat, at actual cost, a metal tag,
on which shall be printed the license year for which
the same is issued. Such metal tag to be prominently
displayed on such boat or vessel.
1264. License required of all boats engaged in
fishing industry.-Payment of this police license and
the compliance with the provisions and regulations
shall be required of any and all vessels and boats en-
gaged in fishing or freighting fish or otherwise engaged
in the fish industry, and all such license tax shall be
collected by the Shell Fish Commissioner or his duly
authorized deputies.
1265. License on additional nets in excess of one;
pound nets prohibited.-Every boat or vessel shall
be entitled to carry and fish one net, and for every ad-
ditional net carried by any boat or vessel, in excess
of one net, the owner of such boat or vessel shall be
required to pay a license tax on such excess net of
$1.00 per annum, and such excess net shall have at-
tached to the cork line a metal license tag, provided
for that purpose, bearing the number of such excess
license. The use of pound nets shall be unlawful in
the salt waters of the State of Florida.
NOTE-See Special Laws for Counties, permitting pound
nets.







GENERAL SALT WATER FISH LAWS 73

1266. Licenses collected by Shell Fish Commis-
sioner; monthly report of licenses to Governor.-All
license taxes shall be collected by the Shell Fish Com-
missioner or a duly authorized deputy, and deposited
in some bank designated by the Commissioner of Agri-
culture until the end of each month, at which time
a check shall be drawn against such deposit by the
Commissioner of Agriculture in favor of the State
Treasurer, who will place same to the credit of the
Shell Fish Fund. A monthly report shall be made to
the Governor of such report and deposit, setting forth
the various sources from which such revenues are
derived, and a copy of such report shall be delivered
to the State Terasurer with such remittance.
1267. Surplus in Shell Fish Fund transferred to
general fund.-At the end of each calendar month
all moneys in the Shell Fish Fund in excess of $10,000
shall be transferred by the State Treasurer from the
Shell Fish Fund to the general fund in the State
Treasury, and the State Treasurer shall notify the
Commissioner of Agriculture of the transfer of such
excess funds.
1268. Municipalities not to impose additional li-
cense tax.-The licenses provided by this section
being police licenses exacted by the State in the con-
trol of her own property, over which a police control
is necessary, no county, city, town or municipality
shall impose any further license tax than herein pro-
vided. This provision does not, however, prevent State,
county and municipal tax on personalty and realty as
now provided by law.
1269. License tax not required for hook and line
fishing.-The payment of a license tax or the procur-
ing of any license, shall not be required of persons
fishing only with hook and line, or with rod and reel,
or similar device, except as herein otherwise provided.
1270. License year.-All licenses shall date from
the first day of October of each year, and shall expire
on the thirtieth day of September of the next succeed-







74 GENERAL SALT WATER FISH LAWS

ing year, and shall be issued on blanks or metal tags
provided by the Commissioner of Agriculture and
issued from his office.
1271. Licenses subject to inspection by Shell Fish
Commissioner; license not good for vessel or owner
other than for which issued.-These licenses shall
always be subject to inspection by the Shell Fish Com-
missioner, his deputies or agents, and shall not be
good for any vessel or owner, other than that for
which issued.
1272. Who deemed residents.-No person shall be
deemed a resident of this State, in the meaning of
this article, who has not maintained a continuous resi-
dence therein for one year and actually resided there-
in for six months next preceding the time when he
makes application for a-fishing license.
1273. Duties of Shell Fish Commissioner.-The
Shell Fish Commissioner, or his duly authorized de-
puties, shall enforce the provisions of this law, and
for this purpose they are constituted State police of-
ficers, with full police powers to arrest without war-
rant anyone violating any of the provisions of this
article. The said Shell Fish Commissioner, or his
deputies, shall have authority, without warrant, to
board and search any vessel or boat, or enter any fish
house, warehouse or other building in which fish or
nets are -kept, which they may have cause to believe
that fish'taken out of season are stored, or that con-
tains illegal nets.
1274. Necessary boats, etc., to be acquired by
Shell Fish Commissioner.-That the Shell Fish Com-
missioner shall acquire, subject to the approval of
the Commissioner of Agriculture, in the name of the
State of Florida, such boats, vessels and other prop-
erty as may be necessary to regulate and supervise
the enforcement of this law and the law relating to
the oysters and clams.
1275. Unlawful to interfere with Shell Fish Com-
missioner or deputies.-It shall be unlawful for any






GENERAL SALT WATER FISH LAWS 75

person or persons to resist or in any manner inter-
fere with the Shell Fish Commissioner, or any of his
duly authorized deputies, while engaged in the per-
formance of the duties imposed upon such Shell Fish
Commissioner, or his duly authorized deputies, by the
provisions of law.
1276. Bond of Shell Fish Commissioner.-The
Shell Fish Commissioner shall give a good and suf-
ficient bond in the sum of ten thousand dollars, said
bond to be approved by the Attorney General of the
State.
1277. Auditing accounts against fishing industry;
warrants on Shell Fish Fund to specify indebtedness.
-All accounts, claims and bills of any nature against
the fishing industry shall be examined by the Shell
Fish Commissioner, and if found correct, same shall
be approved and delivered to .the Comptroller, who,
upon receipt of any account, claim or bill against the
fish industry, approved by the Shell Fish Commis-
sioner, shall issue a warrant drawn on the State
Treasury against the Shell Fish Fund, to pay such
account, claim or bill. All warrants drawn on said
Shell Fish Fund by the Comptroller shall specify tho
indebtedness such warrants are intended to liquidate
in whole or part, which warrant the State Treasurer
shall honor and pay out of any monies to the credit
of the Shell Fish Fund.
1278. Duties of Attorney General, State Attorneys,
etc.-It shall be the duty of the Attorney General of
the State of Florida and the various State Attorneys
or prosecuting attorney for such county to attend to
all legal business arising in connection with the en-
forcement of this law.
1279. Courts of equity may enjoin, etc.-The
courts of equity of the State of Florida shall have
jurisdiction to enforce the provisions of this article
and of Article 7, Chapter 5, Title 7, First Division of
these Revised General Statutes, by writ of injunction.
1280. All local laws repealed.-All laws and parts
of laws, whether general or local in their nature, in







76 GENERAL SALT WATER FISH LAWS

conflict with this article, be and the same are hereby
repealed.
1281. Exemptions.-That Confederate Veterans of
the Civil War who are entitled to receive a pension
under the laws of this State, shall be exempt from
payment of a license to fish within the county in
which they reside.
(Penalty for violation as to salt water fishing in-
dustry, and for failure to obtain license, see Section
5833.)
Section 5817. (Revised by Chapter 14720 (1931).
Certain nets prohibited within one mile on Atlantic
Ocean.-"No seine, gill-net or other nets, except a
common cast-net shall be set or used for the taking
of food fish within one mile of any pass or inlet, or
continuation thereof, from the Atlantic Ocean to any
inland waters of this State, or in any of the tribu-
taries of the rivers emptying into the Atlantic Ocean,
and person found guilty of the violation of this
section shall be punished by fine not exceeding one
hundred dollars, or by imprisonment not exceeding
ninety days: provided, that nothing in this section
shall be so construed as to effect in any manner the
right of fishermen on the gulf coast, including rivers
and bays, in the capture of mullet and other fish,
from using any seines or other nets they may think
proper."
5818. (3776.) Protection of shad during spawn-
ing season.-It shall be unlawful for any person, firm
or corporation to use any purse or drag-seine, or to
build or maintain any dike or pound in any stream,
river or salt waters of this State, whereby shad may
be prevented from running or passing up or through
during their spawning season, between December 1st
and April 1st of every year; and whoever shall violate
any part of this section shall be punished by a fine not
exceeding three hundred dollars, or by imprisonment
not exceeding ninety days.






GENERAL SALT WATER FISH LAWS 77

5819. (3778.) Fishing for shad between Saturday
night and Monday morning.-Whoever fishes for
shad between sundown on Saturday afternoon and
sunrise on Monday morning of every week shall be
punished by a fine not exceeding one hundred dollars,
and by confiscation of the boat and fishing tackle used
in such unlawful acts.
5820. Failure to return small fish to water.-It
shall be unlawful for any person catching or taking
mullet or any other food fish, in or from any of the
waters of this State, and not using such fish because
of its small size or other cause, to put or leave such
fish on any bank, shore, beach or other place out of
water, but such person shall immediately return such
fish to the water. Any person violating or failing to
comply with the provisions of this section shall be
deemed guilty of a misdemeanor, and shall be pun-
ished by a fine of not more than one hundred dollars
or imprisonment not more than sixty days, or by both
such fine and imprisonment.
5821. Catching fish with net less than three-inch
stretched mesh; proviso.-It shall be unlawful for
any person, persons, firm or corporation to catch any
fish in any of the salt waters of the State of Florida
with any seine, gill-net, pocket-net or any other kind
of net of less size than one and one-half-inch bar,
measured from knot to knot, or a stretched mesh of
three inches from knot to knot after being tarred or
shrunk: Provided, That the provisions of this section
shall not apply to the catching of minnows for bait,
or to the catching of shrimp or prawn. Any one vio-
lating any of the provisions of this section shall be
fined in the sum of not exceeding six hundred dollars,
or by imprisonment not exceeding one year, or by both
such fine and imprisonment.
NOTE-See Special Acts for Counties.
5822. Length of net allowed; proviso.-It shall be
unlawful for any seine, gill-net, stop-net, haul-nets or
any other kind of nets of a greater length than three
hundred and fifty yards, to be set, fished or used in






78 GENERAL SALT WRITER FISH LAWS

the salt waters of this State, or for any seine, gill-net,
stop-net, haul-net or any other kind of net, to be at-
tached together in any manner, making a length of
more than three hundred and fifty yards, or for any
seine, gill-net, stop-net, haul-net or any other kind of
net, to be fastened by stakes or otherwise with ends
nearer each other than one hundred yards, for the
purpose of making a stretch or length of more than
three hundred and fifty yards, to be used for the pur-
pose of catching or taking fish from the rivers, creeks.
bays, bayous, lagoons, sounds, inlets or other salt
waters on the coast of the State of Florida; Provided,
however, That a net or nets of a length of more than
three hundred and fifty yards may be used in regular
mullet or mackerel fishing. Any one violating any of
the provisions of this section shall be fined in the
sum of not exceeding six hundred dollars, or by im-
prisonment not exceeding one year, or by both such
fine and imprisonment.
5823. Use of gill-net for capture of shad, with less
than four-inch stretched mesh, prohibited.-No per-
son shall place out in the rivers of the State of Flor-
ida any gill-net for the capture of shad, of a less size
than two-inch bar from knot to knot, or four-inch
stretched mesh from knot to knot. Any one violating
any of the provisions of this section shall be fined
in the sum of not exceeding six hundred dollars, or
by imprisonment not exceeding one year, or by both
such fine and imprisonment.
5824. Stop-netting prohibited.-It shall be unlaw-
ful for any person, persons, firm or corporation to
place or set any seine, net or other set device across
or in any of the rivers, creeks, bayous or passes in the
State of Florida for the purpose of stop-netting such
rivers, creeks, bayous or passes for the purpose of
catching fish. Anyone violating any of the provisions
of this section shall be lined in the sum of not exceed-
ing six hundred dollars, or by imprisonment not ex-
ceeding one year, or by both such fine and imprison-
ment.







GENERAL SALT WATER FISH LAWS 79

5825. Closed season for shad.-It shall be unlaw-
ful for any person, persons, firms or corporations to
catch or capture any shad, or to use any gill-net or
seine for the capture of shad, or to transport or be
in possession of any fresh shad, in this State, between
the first day of April and the first day of December of
any year, or be in possession of or transport any iced
shad between the seventh day of April and the first
day of December of any one year; and anyone vio-
lating any of the provisions of this section shall be
fined in the sum of not exceeding six hundred dollars,
or by imprisonment not exceeding one year, or by
both such fine and imprisonment.
5826. Destruction of illegal nets.-In all cases of
arrest and conviction for the use of illegal nets, as
provided in Sections 5821, 5822, 5823, 5824, 5825 and
5832, such illegal nets shall be considered a nuisance,
and the court shall order the bunts of such illegal
nets to be destroyed immediately after such trial and
conviction, and the leads, corks and lines belonging
to such nets shall be returned to the owner.
5827. Closed season for mullet.-That it shall be
unlawful for any person, persons, firm or corporation
to catch or to capture, or have in their possession, or
ship any of the fish known as mullet, or any fresh or
freshly salted mullet roe, in this State, between the
first day of December of any year and the 20th day
of January of the next succeeding year. Anyone
violating any of the provisions of this section shall
be fined in the sum of not exceeding six hundred dol-
lars, or by imprisonment not exceeding one year, or by
both such fine and imprisonment. The possession
of any fresh or freshly salted mullet, or any fresh
or freshly salted mullet roe, by any person, persons,
firm or corporation during the closed season shall be
prima facie evidence of the violation of this law.
NOTE-Act of 1925 provides as follows: Provided, how-
ever, that anyone having any fresh or unsplit mullet, or roe
on hand at the beginning of the closed season may have
five days in which to dispose of same.







80 GENERAL SALT WATER FISH LAWS

5828. Common carrier not to receive for shipment
mullet caught during closed season; provisos.-It
shall be unlawful for any common carrier, agent or
employee of such common carrier to knowingly receive
for carriage, or permit the carriage of any fresh or
unsalted or freshly salted mullet caught during the
closed season mentioned in the foregoing section;
Provided, however, That any person having any mullet
on hand at the beginning of the closed season shall
have the right to ship or dispose of same; Provided,
however, That the time of such disposal and shipment
shall not extend beyond five days after the beginning
of such closed season.
Anyone violating any of the provisions of this sec-
tion shall be fined in the sum of not exceeding six
hundred dollars, or by imprisonment not exceeding
one year, or by both such fine and imprisonment.
5829. Seizure of boats engaged in unlawful catch-
ing of mullet; confiscation proceedings.-That any
owner, captain, person, agent, officer, crew or member
thereof, of any vessel or boat, violating the provisions
of Section 5827, shall subject the vessel and cargo
thereof to seizure by the Shell Fish Commissioner,
or any of his authorized deputies, and taken into
custody and delivered to the sheriff of the county in
which the seizure is made, and shall be liable to for-
feiture on appropriate proceedings being instituted by
the Shell Fish Commissioner before the courts. The
following rules to cover the proceedings in each such
case:
The proceedings shall be by ordinary suit instituted
in the name of the State of Florida, setting forth the
cause of action and praying for the forfeiture of said
vessel, and after due trial, and judgment obtained,
said vessel shall be sold at public auction by the
sheriff at the dock nearest to or on deck of said
vessel, after such sale shall have been advertised for
thirty days in some newspaper published in the
county, as provided by law, and the proceeds of such
sale shall be paid to the Shell Fish Commissioner, to
be deposited in the State Treasury to the credit of







GENERAL SALT WATER FISH LAWS 81

the Shell Fish Fund, after deducting costs and fees
prescribed by law in judicial sales. The cargo of
the seized vessel, if perishable, shall at once be sold
to the best advantage by the sheriff and the prcoeeds
disposed of in the same manner as the proceeds from
the sale of the vessel. Pending these proceedings,
such vessel may be released upon the owner furnish-
ing bond, with good and solvent security, in double the
value of the vessel, which bond shall remain in lieu
of said vessel and cargo, in the hands of the sheriff, to
insure its being returned in good condition to the
sheriff, and have same subjected to the judgment of
the court, or to pay the amount of judgment and
costs rendered in the suit.
5830. Catching food fish for purpose of making
oil prohibited.-No person, persons, firm or corpora-
tion shall catch or capture any of the following fish:
Mullet, trout, redfish, sheephead, pompano, mackerel,
bluefish, red snapper, grouper or any other food fish
when in the waters under the jurisdiction of the
State of Florida, for the purpose of making oil, fer-
tilizer or compost therefrom. Anyone violating any
of the provisions of this section shall be fined in the
sum of not exceeding six hundred dollars, or by im-
prisonment not exceeding one year, or by both such
fine and imprisonment.
5831. Throwing explosives in water for purpose
of killing fish prohibited.-No person, persons, firm
or corporation shall throw, or cause to be thrown, into
any of the waters of this State, any dynamite, lime
or other explosive whatever, for the purpose of killing
the fish therein. Anyone violating any of the pro-
visions of this section shall be fined in the sum of
not exceeding six hundred dollars, otr by imprison-
ment not exceeding one year, or by both such fine and
imprisonment.
5832. Haul seines or drag-nets prohibited in cer-
tain counties.-(Revised by Chapter 8589, Acts of
1921.)-It shall be unlawful for any person, persons,
firm or corporation to fish, or cause to be fished, any







82 GENERAL SALT WATER FISH LAWS

haul-seine or drag-net in any of the inside salt waters
of the Counties of Brevard, St. Lucie, Palm Beach,
Broward, and all inside salt waters in Dade County
north of Biscayne Bay. Anyone violating any of
the provisions of this section shall be fined in the sum
of not to exceed Six Hundred Dollars ($600.00) or
by imprisonment not to exceed one (1) year, or by
both such fine and imprisonment.
5833. Violation of regulations as to salt water
fishing industry; failure to obtain license, etc.-Any-
one violating any of the provisions of Article 8, Chap-
ter 5, Title 7, First Division of these Revised General
Statutes shall be fined in the sum of not exceeding
six hundred dollars, or by imprisonment not exceed-
ing one year, or by both such fine and imprisonment.
5834. Courts of equity given jurisdiction to en-
force certain provisions of fish laws.-The courts of
equity of the State of Florida shall have jurisdiction
to enforce the provisions of Sections 5821 and 5833
inclusive by writ of injunction.
Chapter 10123-(1925)-Protection and regulation
of the Florida salt water fishing industry, declaring
certain waters as salt waters, describing lengths of
fish that may be lawfully taken.-It shall be unlaw-
ful for any person, persons, firm or corporation to
take, have in his or their possession, buy, sell, or
offer for sale at any time, or unnecessarily destroy
any of the fish known as bluefish of less length than
ten inches from tip of nose to fork of tail, or pom-
pano of less length than nine inches from tip of nose
to fork of tail, or mullet, mackerel, redfish and salt
water trout of less length than twelve inches from
tip of nose to fork of tail; provided, however, that
mullet of ten inches can be taken in the waters at
points located' west of Aucilla River to the Ala-
bama line. Provided, however, that silver mullet of
a less length than twelve inches may be caught and
possessed during the open season.
Section 2. Closed season on mullet.-That from
and after the passage of this Act it shall be unlawful
for any person, persons, firm or corporation to take,






GENERAL SALT WATER FISH LAWS 83

have in his or their possession, buy, sell, offer for sale
or ship any fresh or freshly salted mullet or mullet
roe, in this State between the first day of December
of any year and the twentieth day of January of the
next succeeding year. The possession of any fresh
or freshly salted mullet, or any fresh or freshly
salted mullet roe, by any person, persons, firm or cor-
poration, during the closed season shall be prima facie
evidence of the violation of this Act. Provided, how-
ever, that anyone having any fresh or unsplit mullet,
or roe on hand at the beginning of the closed season
may have five days in which to dispose of same.
Section 3. Unlawful to transport mullet after
season closes.-It shall be unlawful for any common
carrier, agent or employee of such common carrier,
after five days from beginning of the closed season
to receive for carriage, or permit the carriage of any
fresh or freshly salted mullet or mullet roe caught
during the closed season mentioned in Section 2.
Section 4. Closed season on trout.-It shall be
unlawful for any person, persons, firm or corporation
to take, have in his or their possession, buy, sell,
offer for sale or ship, or for any express company,
railroad or common carrier to transport any of the
fish known as salt water trout from the fifteenth of
June to the fifteenth day of July of each year.
Section 5. Closed season on shad.-It shall be un-
lawful for any person, persons, firm or corporation
to take, have in his or their possession, buy, sell,
offer for sale, or ship, or for any express company,
railroad or common carrier to transport any fresh or
freshly salted shad, or any fresh or freshly salted
shad roe from the first day of April until the first
day of December of each year.
Section 6. Open waters for taking shrimp.-It
shall be unlawful for any person, persons, firm or
corporation to take shrimp or prawn from any of the
inside waters of the State of Florida, by the use of
any device, other than that known and commonly
called a cast net; provided, however, for the purpose






84 GENERAL SALT WATER FISH LAWS

of this Act, that St. George's Sound and Apalachicola
Bay in Franklin County and Pensacola Bay in Es-
cambia County are considered and shall be outside
waters.
Section 7. Dealers license.-A resident wholesale
fish dealer shall be required to pay an annual license
tax of fifty dollars ($50) and a resident retail dealer
shall be required to pay an annual license tax of
five dollars ($5) instead of the amounts now pro-
vided by law. A non-resident or alien wholesale fish
dealer shall be required to pay an annual license tax
of five hundred dollars ($500). A non-resident or
alien retail fish dealer shall be required to pay an
annual license tax of fifty dollars ($50). All aliens
or non-residents who engage in taking salt water
fish in this State, other than for personal use, shall
be required to pay an annual license tax of five dol-
lars ($5) before engaging in taking salt water fish
from the waterways of the State of Florida, provided
that any citizen may sell without license fish that he
or she catch with hook and line. Application for all
licenses shall be made to the Shell Fish Department
on blanks to be furnished by that department and all
licenses shall be collected by the Shell Fish Commis-
sioner or his duly authorized deputies and deposited
in the State Treasury to the credit of the Shell Fish
Fund.
Section 8. Licenses date from October.-The li-
cense year on all licenses on fish and oyster dealers,
boats, aliens and non-residents, shall begin on the
first day of October. of each year and shall end on
the thirtieth day of September of the next. succeed-
ing year, and all licenses shall be so dated instead
of as now provided by law.
Section 9. Authorized to establish hatcheries.-
The Shell Fish Commissioner shall be authorized to
establish and maintain fish hatcheries in the State of
Florida and all monies in the Shell Fish Fund in ex-
cess of ten thousand dollars ($10,000) shall be trans-
ferred by the State Treasurer at the end of each






GENERAL SALT WATER FISH LAWS 85

calendar month to a fund known as a "Fish Hatchery
Fund," which may be used for the establishment and
maintenance of such fish hatcheries.
Section 10. Appointment of Hatchery Commission.
-The Governor shall appoint a Fish Hatchery Com-
mission of three, who shall have an intimate knowl-
edge of the fishing industry and who shall serve with-
out compensation. The duty of this Commission shall
be to advise and assist the Shell Fish Commissioner
in the establishment of fish hatcheries as provided
in the foregoing Section. The actual traveling ex-
penses of the Fish Hatchery Commission shall be
paid from the Fish Hatchery Fund not to exceed
twelve hundred dollars ($1200) per annum.
Section 11. Amended by Chapter 10123-(1925)-
St. Johns River designated as salt waters, use of
nets and traps prohibited, unlawful to discharge oil
in salt waters.-It shall be unlawful for any person,
persons, firm or corporation to discharge, flow, drain
or deposit oil, or to suffer or permit oil to be dis-
charged, flowed, drained or deposited upon or into
any of the salt waters of the State of Florida, either
from or out of any vessel, barge or other floating
craft, or from any wharf, mill, mine, factory or other
establishment, or place whatever.
For the purpose of this Act the St. Johns River,
including Doctors Lake as far south as Volusia Bar
shall be and is considered salt water and fish may be
taken and used by the citizens of this State and
persons not citizens thereof subject to the restrictions
and reservations hereinafter imposed by this Act or
otherwise.
No seine of greater length than 1,000 yards shall
be fished in the waters of St. Johns River, including
Doctors Lake as far south as Volusia Bar.
It shall be unlawful for any person, persons, firm
or corporation to have in his or their possession, fish
or cause to be fished in St .Johns River as far south
as Volusia Bar, any seine, gill-net or any other kind
of fish net or trap, for the purpose of catching any
fish of a less size than a stretched mesh of four inches,






86 GENERAL SALT WATER FISH LAWS

except the footing circle and bag of such seine may
be three and three quarters inches stretched mesh
after being tarred and shrunk; Provided, however,
that mullet nets may be used for catching mullet
only, during open season as prescribed in other salt
waters for the purpose of catching mullet, and nets
of a less size may be fished for herring on established
herring hauls which are designated by the Shell Fish
Commissioner. The possession of any haul or drag
seine other than a gill-net of less size mesh than pre-
scribed herein shall be prima facie evidence that the
seine or net is being used contrary to law.
No person, persons, firm or corporation shall take,
have in his or their possession, buy, sell or offer for
sale at any time or unnecessarily destroy any of the
following fish of a less length than that set forth
as follows: Caught in the waters covered by this
Act. Catfish, rough, ten (10) inches from end of nose
to fork of tail; Crappie and Perch, eight (8) inches
from end of nose to fork of tail; Bream, six (6)
inches from end of nose to fork of tail; Black Bass,
eleven (11) inches from end of nose to fork of tail.
If any such fish measuring less than the above size
is caught, either with net or trap, hook and line or
rod and reel, such fish shall be immediately returned
to the water while alive from which it was taken
by the person or persons catching them.
No person shall at any time place in any bass or
bream bed within the waters covered by this Act any
set or baited hook for the purpose of catching any
bass or bream while bedding, and no set hook shall
be placed in such river or creek for the purpose of
hooking sturgeon, provided, however, nothing in this
Section shall prohibit the catching of catfish by trot
line or hook and line at any time, nor the shipment
thereof.
It shall be unlawful for any person, association of
persons, firm or corporation to catch any fish except
mullet from the waters of St. Johns River as far
south as Volusia Bar with any seine, net, trap or
other fishing device except a hook and line or rod







GENERAL SALT WATER FISH LAWS 87

and reel, or gill-net for mullet only, between the
first day of May and the thirty-first day of August
of each year.
Section 11-A. Lake Okeechobee designated as salt
waters; use of certain size nets prohibited, lawful to
take certain length fish.-For the purpose of this
Act Lake Okeechobee shall be and is considered salt
water and fish may be taken and used by the citizens
of this State and persons not citizens thereof subject
to the restrictions and reservations herein imposed
by this Act or otherwise.
No seine of greater length than a 1,000 yards shall
be fished in the waters of Lake Okeechobee.
It shall be unlawful for any person, persons, firm
or corporation to have in his or their possession, fish
or cause to be fished in Lake Okeechobee any seine,
gill-net or any other kind of fish net or trap, for the
purpose of catching any fish, of a less size than two
inches bar, measured from knot to knot, or a stretched
mesh of four inches, except the footing circle and
bag of such seines and traps may be one and one-
half inches bar or three inches stretched mesh; pro-
vided, however, that nets of a less size may be fished
for herring on established herring hauls which are
designated by the Shell Fish Commissioner. The pos-
session of any fish net or fish trap of a less size mesh
than prescribed herein shall be prima face eivdence
that the seine or net is being used contrary to law.
No person, persons, firm or corporation shall take,
have in his or their possession, buy, sell or offer for
sale at any time or unnecessarily destroy any of the
following fish of a less length than that set forth as
follows: Caught in the waters covered by this Act.
Catfish, rough, ten (10) inches from end of nose to
fork of tail; Crappie and Perch, eight (8) inches from
end of nose to fork of tail; Bream, six (6) inches
from end of nose to fork of tail; Black Bass, eleven
(11) inches from end of nose to fork of tail. If any
such fish measuring less than the above size is







88 GENERAL SALT WATER FISH LAWS

caught with net or trap, such fish shall be immediately
returned to the water while alive from which it was
taken, by the person or persons catching them.
No person shall at any time place in any bass or
bream bed within the waters covered by this Act any
set or baited hook for the purpose of catching any
bass or bream while bedding, provided, however, noth-
ing in this Section shall prohibit the catching of cat-
fish by trot line or hook and line at any time, nor
the shipment thereof.
It shall be unlawful for any person, association of
persons, firm or corporation to catch any fish from
the waters of Lake Okeechobee with any seine, net,
trap or other fishing device except a hook and line
or rod and reel, between the first day of May and
the thirty-first day of August of each year.
Section 12. Authorized to prepare data.-It shall
be the duty of the Shell Fish Commissioner to gather
data of the commercial fisheries and prepare the data
biennially so as to show the real abundance of the
most Important commercial fish and to make investi-
gations of the various species of fish as will guide
in the collection and preparation of the statistical
information necessary to determine evidence of over-
fishing.
Section 13. Authorized to confiscate nets.-That
all illegal nets captured by the Shell Fish Commis-
sioner without prisoners, prior to this Act, are here-
by declared confiscated by the State and the Shell
Fish Commissioner is authorized to destroy the bunts
of such nets and to sell the corks, leads and lines
for best possible cash price and deposit the proceeds
in the State Treasury. All illegal nets captured while
being fished without prisoners shall be disposed of in
a like manner.
Section 14. Fixing penalties.-Anyone violating
any of the provisions of this Act shall be fined in the
sum of not exceeding six hundred dollars ($600), or
by imprisonment not exceeding one year, or by both
such fine and imprisonment.






GENERAL SALT WATER FISH LAWS 89

Section 15. No conflicts.-All laws and parts of
laws whether general or local in their nature in con-
flict with this Act be and the same are hereby re-
pealed. But no special or local law placing further
restrictions upon fishing than in this Act contained
shall be construed to be in conflict with the terms
hereof. If any part of this Act shall be declared in-
valid or unconstitutional, whether line, sentence or
paragraph, it shall not affect the remainder thereof.
Chapter 7908. Unlawful to possess unlawful fish-
ing nets.-That it shall be unlawful for any person
to have in his custody or possession in any County in
the State of Florida, any fishing seine or net, the use
of which for fishing purposes in such County is pro-
hibited by the laws of this State: Provided, That the
provisions of this Act shall not apply to shrimp nets,
pound nets, purse nets when used in taking menhaden
fish or seine where used exclusively for taking herring.
Any person violating the provisions of this Act
shall be guilty of a misdemeanor and punished as
provided by law.
Chapter 7907. Regulations governing taking of
mackerel and mullet and providing for a tax on
seines.-Mackerel may be taken in any size mesh
purse seine or any other kind of seine.
Section 2. Silver Mullet not less than ten inches
long may be taken with any size mesh gill-net.
Section 3. Mullet of no kind may be taken with
purse seines.
Section 4. There shall be a license tax of twenty-
five ($25.00) dollars on each purse seine. This tax
shall be in addition to any other tax now imposed
by law. All provisions of this Act shall be enforced
by the Fish Commissioner.
Chapter 16072-(1933). License to peddle fish un-
necessary if fish sold in same county where caught.
-Any natural person holding a fresh of salt water
fish dealer's license, whether it be a license to sell at
wholesale or at retail, shall be entitled thereunder to






90 GENERAL SALT WATER FISH LAWS

sell or dispose of fish direct to consumer only,
caught or acquired by him, in the county where
caught or acquired, by selling or disposing of same
or offering same for sale from vehicles from place
to place in the county where the fish disposed of
were caught or acquired by the dealer, without being
subject to the special peddling tax provided for by
Section 12, paragraph (f), Chapter 14491, Acts of
1929, Laws of Florida, or subject to the general
peddlers' license tax provided for by Section 1222,
Compiled General Laws of Florida, which is Section
950, Revised General Statutes, anything in any
statute of the State of Florida, or in any depart-
mental ruling of any department of the State of
Florida, to the contrary notwithstanding.
Chapter 16025-(1933). Unlawful to capture or
possess fish caught with purse-seine or purse-gill-net.
-It shall be unlawful for any person, persons, firm
or corporation to catch or capture or have in their
possession for sale or shipment any fish known as
food fish, with a purse-seine, purse-gill-net, or any
other net using rings or any other device on the
lead line thereof, through which a purse line is
drawn. Anyone violating any of the provisions of
this Act shall be fined in the sum of not less than
Two Thousand Dollars and not more than Five
Thousand Dollars or by imprisonment of not less
than one year and not more than five years or by
both such fine and imprisonment. Provided, that
the provisions of this Act shall not apply to shrimp
nets, pound nets, or purse-seines when used in the
taking of menhaden fish only.








SPECIAL SALT WATER FISH LAWS FOR
COUNTIES

(Counties not included, do not have special laws)


BAKER COUNTY
Chapter 15635-(1931). Lawful to take salt water
trout the year round.-It shall be lawful to fish for
and catch, salt water trout during twelve months of
each year, in each county having a population of
more than five thousand four hundred sixty-five
(5,465) and less than six thousand two hundred and
eighty (6,280), according to the last official State
census.

BAY COUNTY
Chapter 7421-(1917). To provide for the size of
bar and mesh and length of seines.-That on and
after the passage of this Act, seines of one and one-
quarter-inch bar, measured from knot to knot, or a
stretched mesh of two and one-half inches length,
measured from knot to knot, and of a greater length
than three hundred fifty yards, may be used or fished
in the salt waters of the County of Bay, State of
Florida.
Section 2. Anyone found guilty of fishing or using
a seine of a smaller bar or mesh than described in
Section one (1) of this Act, shall be fined in a sum of
not to exceed six hundred ($600.00) dollars or by im-
prisonment not exceeding one year, or by both such
fine and imprisonment. Provided, however, that
seines or nets may be of smaller bar or mesh that
are fished and used exclusively for taking and catch-
ing shrimp. Provided, also, that a pocket funnel of
three-quarter-inch bar, measured from knot to knot,







92 SPECIAL SALT WATER FISH LAWS

or a stretched mesh of one and one-half inch, meas-
ured from knot to knot, may be used in seines, for
the purpose of taking and catching bait.
Section 3. That the Shell Fish Commissioner of
the State of Florida or his duly authorized deputies
shall enforce the provisions of this Act.
Chapter 7859-(1917). Authorizing issuance of
permits allowing use of pound-nets under certain
conditions, to impose an annual tax thereon.-The
Shell Fish Commissioner of the State of Florida may
issue permits to citizens of Florida and Florida cor-
porations allowing pound-nets to be set or used in the
salt or brakish waters of Bay County, Florida, under
such regulations as said Shell Fish Commissioner
may prescribe; provided, that mullet (mugil
cephalus) and sea trout under twelve inches in
length, red bass under fourteen inches in length,
and sheephead under eight inches in length, caught in
said pound-nets shall be immediately returned to the
water while yet alive.
Section 2. Any citizen of Florida or Florida cor-
poration desiring to obtain a permit to set and use a
pound-net in such waters shall before placing such
net make application to the Shell Fish Commissioner
of the State of Florida setting forth the name and
address of the applicant, the place where it is in-
tended to set such net and such other information as
the Shell Fish Commissioner may require.
Section 3. An annual license tax of Twenty-five
($25.00) Dollars is hereby imposed upon each and
every net set or used in said waters, payable to the
Shell Fish Commissioner for the credit of the Shell
Fish Fund.
Section 4. Any person obstructing or interfering
with any pound-net established under the provisions
of this Act shall be Suilty of a misdemeanor and
punished accordingly.
Chapter 15081-(1931). Unlawful to fish with net
or seine in Lake Ocala.-From and after the passage
of this Act it shall be unlawful for any person or







SPECIAL SALT WATER FISH LAWS 93

persons to fish with any seine or net or to use fish
seine or fish net for the catching or taking of fish
from Lake Ocala, sometimes referred to as Inlet
Lake at and near Phillips Inlet in Bay County, Flor-
ida; provided, however, that it shall not be unlawful
to use and fish with a cast net in said lake.
Section 2. Any person or persons violating the
provisions of this Act, shall be deemed and held
guilty of a misdemeanor, and upon conviction, shall
be punished by the fine not exceeding $300.00 or im-
prisonment in the county jail not exceeding three
months, or by both such fine and imprisonment in
the discretion of the court.


BROWARD COUNTY
Chapter 8636-(1921). To protect the fish in the
rivers, creeks, canals and inside waters.-It shall be
unlawful for any person, persons, firm or corporation
to take or catch any of the food fish from any of the
rivers, creeks, canals and inside salt waters of Brow-
ard County, Florida, by or with any other means than
a hook and line, or a common cast net, not to exceed
a length of nine (9) feet, or a spread of eighteen
(18) feet.
Section 2. It shall be unlawful for any person, per-
sons, firm or corporation to throw or place dynamite,
lyddite, gunpowder, cartridge, cannon cracker or any
other explosive, or to throw or place acids or lime,
which has not been used in manufacturing or for
commercial purposes, India berries, sawdust, green
walnuts, walnut leaves, or any other deleterious sub-
stance into the salt waters of the County of Broward,
State of Florida, whereby the fish therein may be
injured.
Section 3. This section abrogated by Section 75
of Chapter 11838, Act of 1927.
Section 4. Any person violating any of the pro-
visions of this Act shall be guilty of a misdemeanor,
and punishable as prescribed by law.







94 SPECIAL SALT WATER FISH LAWS

CALHOUN COUNTY

NOTE--Account of creation of Gulf County from terri-
tory originally covered by Calhoun County, these laws now
apply to the salt waters covered by Gulf County.
Chapter 7442-(1917). To regulate the size of bar
and mesh and length of seines.-From and after the
passage and approval of this Act, seines of one and
one-quarter-inch bar, measured from knot to knot,
or a stretched mesh of two and one-half Inches
length, measured from knot to knot, and seines of
greater length than three hundred and fifty yards,
may be used in the salt waters of Calhoun County,
Florida; provided, that seines or nets may be used
of smaller mesh when the same is used exclusively
for taking and catching of shrimp; and, provided
further, that a pocket funnel or three-quarter-inch
bar, measured from knot to knot, or a stretched mesh
of one and one-half inches, measured from knot to
knot, may be used in seines for the purpose of taking
and catching bait.
Section 2. Any person found fishing or using a
seine of a smaller mesh than described, and per-
mitted, in this Act shall be deemed guilty of com-
mitting a misdemeanor.
Section 3. The State Shell Fish Commissioner
shall enforce the provisions of this Act.
Chapter 10441-(1925). To permit the use of
pound-nets in salt waters.-Pound-nets may be set
or used in the salt waters of Calhoun County,
Florida.


CITRUS COUNTY

Chapter 15123-(1931). Closing certain portions
of Crystal and Homasassa Rivers.-It is hereby de-
clared to be and shall be unlawful to fish in or take
fish from the waters of Crystal River, and its tribu-
taries, Citrus County, Florida, above or upstream






SPECIAL SALT WATER FISH LAWS 95

from where "Salt River" enters or joins said Crystal
River, at or near where the west boundary line of
Township eighteen (18) South, Range seventeen (17)
East in said county crosses the said Crystal River,
except by hook and line, rod and reel, spear, gig, or
grain, and at lawful periods; that below or down-
stream from said point on said Crystal River it shall
be lawful to fish in and take fish from the waters
of said Crystal River by any lawful means at any
lawful period, under the general laws of the State
relating to fishing.
Section 2. It is hereby declared to be and it shall
be unlawful to fish in or take fish from the waters
of Homasassa River, and its tributaries, in Citrus
County, Florida, above or upstream from where "Salt
River" enters, connects with or crosses said
Homasassa River at or near where the western
boundary line of Township nineteen (19) South,
Range seventeen (17) East, crosses said Homasassa
River, except by hook and line, rod and reel, and
spear, gig or grain, and at lawful periods; that it
shall be lawful to fish in and take fish from the
waters of said Homasassa River below or down-
stream from said point by any lawful methods and
at lawful periods, under the general laws of the State
relative to fishing.
Section 3. Any person, firm or corporation vio-
lating any of the provisions of this Act shall be
guilty of a misdemeanor and punished and dealt with
according to the provisions of the General Laws
relative to unlawful fishing, seining, netting or other-
wise violating the general laws relative thereto.



CLAY COUNTY

Chapter 15125-(1931). Providing for closed sea-
son in salt waters.-It shall be unlawful to fish with






96 SPECIAL SALT WATER FISH LAWS

seines in the salt waters of Clay County, except dur-
ing the months commencing on September first of
any year until July first of the following year.
Section 2. For the purpose of this Act, that part
of the St. Johns River, including Doctors Lake, bor-
dering on Clay County, is and shall be considered
as salt waters.
Section 3. Any person or persons, firm or cor-
poration violating any of the provisions of this Act,
the penalty of which shall be considered a misde-
meanor, shall be punished accordingly.


DADE COUNTY

Chapter 16384-(1933). Unlawful to fish with
purse-seine or purse-gill-net.-It shall be unlawful
for any person, persons, firm or corporation to catch
or capture or have in their possession for sale or
shipment any fish known as food fish, with purse-
seine, purse-gill-net, or any other net using rings on
the lead line thereof, through which a purse line is
drawn, in Dade County, State of Florida. Anyone
violating any of the provisions of this Act shall be
fined in the sum of not less than Two Thousand Dol-
lars ($2,000.00) and not more than Five Thousand
Dollars ($5,000.00) or by imprisonment of not less
than one year and not more than five years, or by
both such fine and imprisonment.


DIXIE COUNTY

Chapter 16398-(1933). Unlawful to use nets or
netting less than three miles from shore.-From and
after the passage of this Act, and upon its becoming
a law, it shall be unlawful for any person, persons,
firm or corporation to use, stake out, put down, net,
pull or in any manner use stop nets or netting or






SPECIAL SALT WATER FISH LAWS 97

drag seines of any kind or nature whatsoever for
the purpose of catching food fish, within the salt
waters of Dixie County, Florida, provided this Act
shall not apply to nets used more than three miles
from the shore line to the nearest point of grass.
Section 2. Any person, persons, firm or corpora-
tion violating any of the provisions of this Act, shall
be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be punished by a fine of not
more than two hundred dollars ($200.00) or by im-
prisonment of not more than three (3) months or
both in the discretion of the court.
Chapter 10478-(1925). To permit the use of
pound-nets.-Pound-nets may be set or used in the
salt waters of Dixie County, Florida.


ESCAMBIA COUNTY

Chapter 7009-(1915). To protect and regulate the
salt water fishing industry in the waters of Bayou
Chico, Bayou Grande and Bayou Texar.-It shall be
unlawful for any person, persons, firm or corporation
to fish, haul, drag or set any seine, gill-net, stop-net,
haul-net or any other kind of net or device, for the
purpose of catching fish, in the waters of Bayou
Chico, Bayou Grande and Bayou Texar in Escambia
County, Florida: Provided, however, that nothing
herein shall be so construed as to prohibit fishing in
said waters during the season allowed by the laws
of the State with cast-net or the gigging of flounders,
or the use of grab-nets for catching crabs, or fishing
with hook and line.
Section 2. The Shell Fish Commissioner of the
State of Florida or his duty authorized deputies or
the sheriff of Escambia County, or any of his deputies
shall enforce the provisions of this Act.
Section 3. Any person violating any of the provi-
sions of this Act, shall be guilty of a misdemeanor
and punished accordingly.






98 SPECIAL SALT WATER FISH LAWS

Section 4. All local laws and parts of local laws,
in conflict with the provisions of this Act, be and
the same are hereby repealed. Provided, however,
that nothing in this Act shall repeal any provisions
of the General Act, as passed by the session of the
Legislature of 1915, for the protection and regulation
of the salt water fishing industry of the State except
wherein said General Act is in conflict with this Act.
Chapter 7471-(1917). To regulate the size of bar
and mesh, and length of seines.-From and after the
passage and approval of this Act, seines of one-quar-
ter-inch bar, measured from knot to knot, or a
stretched mesh of two and one-half inches length,
measured from knot to knot, and seines of greater
length than three hundred and fifty yards, may be
used in the salt waters of Escambia County, Florida.
Section 2. Mesh of all nets, except cast or minnow
nets, two and one-half inches stretched, or one and
a quarter-inch square, except seine bag, which should
be one and one-half-inch stretched or three-quarters of
an inch square.
Section 3. Closed season for mullet from Decem-
ber 1st to January 20th.
Section 4. Closed season for trout from June 1st
to July 31st.
Section 5. Any person found fishing or using a
seine of a smaller mesh than described and permitted,
in this Act shall be deemed guilty of committing a
misdemeanor.
Section 6. The State Shell Fish Commissioner
shall enforce the provisions of this Act.
Chapter 14029-(1929). Possession of salt water
fish lawful except during closed season.-It shall be
lawful for any person or persons, firm or corpora-
tion to take, have in his or their possession, transport,
buy, sell, offer for sale, any fish known as mullet,
trout, and all other salt water fish, regardless of
the length of said fish, except during closed season
as fixed in this Act; provided, however, that no per-
son shall take from the salt waters of said county




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