Are Frame Nets No Longer Legal ???? Updated Info

Members, I received an email this morning from someone concerned about frame nets,

please read this thread.
Thanks
EMAIL
-------Original Message-------

From: thomashorn
Date: 9/14/2015 1:53:41 PM
To: info@shrimpnfishflorida
Subject: You have an email request, From ShrimpNFishFlorida Contacting Form

On your frame nets what your cost on them now sence its been bamd in Fla. Please call me for and order 912-*********


MY RESPONCE
Name: Thomas Horn
Email: thomashorn
Location: Ga
Phone: *************
Sorry but they are not banned in Florida
That is a rumor
We do not sell frame nets
Ron O'brien makes them
See link




THIS IS STILL POSTED ON THE FWC SITE
Says nothing about frame nets being illegal


http://myfwc.com/fishing/saltwater/recreational/shrimp/
Allowable recreational nets for the harvest of shrimp:

• Landing or dip net with an opening no larger than 96 inches around the perimeter.
• Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.
• Push net - "Push net" means a mesh net or bag attached to the outer edges of a triangular or rectangular rigid frame with a handle attached that is fished by being pushed across the bottom by a person wading.
• A beach or haul seine with a mesh area no larger than 500 square feet, mesh size no large than 2 inches stretched mesh, and may not be made of monofilament.
• One frame net with an opening no larger than 16 feet around the perimeter, if deployed from a vessel or from a structure other than an operational bridge or causeway or catwalk attached to such bridge or causeway. "Frame net" means a net in the form of an elongated bag kept open by a rigid frame that is buoyed by floats and is not fished or dragged along the bottom. A Frame net that is dragged or towed is considered to be a trawl, which is not allowed for the recreational harvest of shrimp. Frame nets cannot be used to harvest shrimp in any waters off of Dade County.

 

KEN WROTE

Nailed it !!!

"Nothing makes a fish bigger than almost being caught"

 

why would someone want make and spread false rumors and deceive people into believing this nonsense.

and even after we proved this to be false, they continue to spread the same rumor, over and over again.

 

PALEOMAN WROTE

The only reason is underlaying profit somewhere, for someone! $$$$$$$$$$$$$$$$$$

 

CRAIG WROTE

Not only underlying profits, but it appears to me that this entire issue was totally
misinterpreted by a very small group of people who didn't take the time to determine
the true reason this man was ticketed. It appears to me that he was cited for using
the frame net while his boat was under power, that turns the frame net in to a trawl
no matter if it's monofilament or nylon, that's what he did WRONG!! as Bogman says
sometimes you just can't fix stupid.

Gone feeshin, as often as I can, but not as much as I'd like to!!!

 

GRENZIE WROTE

This whole issue is bizarre for sure. I mean think about it, a box net is clearly allowable per the law. The issue I'm seeing is that some are saying it cannot be made out of monofilament. Then someone says it can be made out of nylon or poly. If that is true, then it is still monofilament. (Mono) meaning "one" filament... Why would it mater if it was poly or nylon or copolymer? I have no clue what type of chemical compound makes up my nets or my line for that matter...maybe FWC will be conducting surprise mass spectrom analysis while we are shrimping... Lol

 

KEN WROTE

The very person who is responsible for spreading this rumor is quoted as say "we won" when this rumor was first spread. Now why is it back ??

"Nothing makes a fish bigger than almost being caught"

 

Went up to the Oak hill flea market this morning and talked to Ron O'Brien about his Frame Nets, here is a photo of his new sign...



Ron O'Brien is the Inventor and innovator or the original collapsible Frame net and meets the Florida Fresh Water Commission FWC regulations and exceeds recreational standards.

Anyone else making any collapsible Frame nets are infringing upon Ron O'Briens invention and are steeling his design. And we ask that you do not support the low life's that have done so.

Ron O'Brien has been personally serving anglers and shrimpers exclusively at the Oak Hill Flea Market since 2007. all of his nets are hand build from start to Finnish.

ShrimpNFishFLorida™ only recommends the best shrimping equipment to all its members... and Ron O'Brien Shrimp dip nets and frame nets are by far the best we have ever found anywhere.


For more information on Ron O'Brien Shrimp dip nets and frame nets click on the below link.

 

SHRIMP GRITTER WROTE

Ditto

 

LES WROTE

I am using mine tell told otherwise. Certain people seem to be trying to scare novice shrimpers into spending more money.
And Ron is a stand-up guy. Years ago when he was at that other picnic and was displaying his innovation. I asked him, hey you think I can convert my old box net Ron? and he said sure, and showed me what to do, and what knots to tie. I have been using it ever since. You know where I will go the next time I need any net? No question.

 

PALEOMAN WROTE

ALWAYS support local and honest small businesses! Quality DOES make a difference.

 

KEN WROTE

Ask Lynnae about her frame net.
She had purchased one of the other frame nets that are out there and she and Dick could hardly get it back in the boat to check it due to the solid lead filled pipe on the bottom, I could hardly get it back in the boat.
She was going to convert hers and spoke to Ron about it, he built her a new frame net and gave to her.
Sam and Ron got together and gave her and Dick A nice surprise out on the water.
She loves the new net.
And dont forget how many nets Ron has given away at the club all you can eat ShrimpNFishFlorida™ fries. Custom nets!


"Nothing makes a fish bigger than almost being caught"
Edited 1 time by Keep it reel Sep 29 15 4:36 AM.

 

Our club arranged to get her an original Ron O'Brien Frame Nets FREE so she did not have to struggle with the poorly designed one

 

LYNNAE WROTE

What a surprise that was. Ya'll made me cry! I love my new Capt Ron net!

 

UPDATED 10/12/2015
OK here the reel scoop

I did my research for our club members

YES Frame Nets are Still legal to use

Allowable recreational nets for the harvest of shrimp:

• Landing or dip net with an opening no larger than 96 inches around the perimeter.
• Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.
• Push net - "Push net" means a mesh net or bag attached to the outer edges of a triangular or rectangular rigid frame with a handle attached that is fished by being pushed across the bottom by a person wading.
• A beach or haul seine with a mesh area no larger than 500 square feet, mesh size no large than 2 inches stretched mesh, and may not be made of monofilament.
• One frame net with an opening no larger than 16 feet around the perimeter, if deployed from a vessel or from a structure other than an operational bridge or causeway or catwalk attached to such bridge or causeway. "Frame net" means a net in the form of an elongated bag kept open by a rigid frame that is buoyed by floats and is not fished or dragged along the bottom. A Frame net that is dragged or towed is considered to be a trawl, which is not allowed for the recreational harvest of shrimp. Frame nets cannot be used to harvest shrimp in any waters off of Dade County.

http://myfwc.com/fishing/saltwater/recreational/shrimp/



68B-4.0081 Statewide Net Gear Specifications; Soaking Requirements; Definitions; Cast Net Specifications.

(1) This rule is intended to implement prohibitions and restrictions of Article X, Section 16 of the Florida Constitution. As used there and in this rule, the term “net” or “netting” shall be broadly construed to include all manner or combination of mesh or webbing or any other solid or semisolid fabric or other material used to comprise a device that is used to take or harvest marine life.

(2) The following gear specifications shall apply in all state waters:

(a) The use or placement in the water of any gill or entangling nets of any size is prohibited.

(b) Any net constructed wholly or partially of monofilament or multistrand monofilament material, other than a hand thrown cast net, or a handheld landing or dip net, shall be considered an entangling net prohibited by Article X, Section 16 of the Florida Constitution, and this rule, unless otherwise authorized by rule of the Commission. The term“multistrand monofilament” does not include braided or twisted twines made of nylon, cotton, linen, or polypropylene.

(c) No person shall take or harvest, or attempt to take or harvest, any marine life in Florida waters with any net that is larger than 500 square feet in mesh area that has not been authorized by rule of the Commission. The use of a shrimp trawl, purse seine, jellyfish paired trawl, or calico scallop otter trawl that is larger than 500 square feet in mesh area, outside nearshore and inshore waters, shall be considered so authorized for purposes of this paragraph.

(d) No person shall fish with, set, or place in the water any net, other than a cast net, landing or dip net, jellyfish paired trawl, or calico scallop otter trawl with a mesh size greater than 2 inches stretched mesh. Any such net, with a mesh size greater than 2 inches stretched mesh shall be considered an entangling net for purposes of paragraph (a).

(e) No person shall soak a net for more than one hour, beginning when the first mesh is placed in the water and ending when the first mesh is retrieved back aboard the vessel or on shore. Once the first mesh is retrieved, the net operation shall be continuous until the net is completely removed from the water. This prohibition shall not apply to shrimp trawls, purse seines, jellyfish paired trawls, or calico scallop otter trawls.

(3) The following net gear specifications shall apply in nearshore and inshore Florida waters:

(a) No person shall fish with, set, or place in the water any net with a mesh area greater than 500 square feet.

(b) The mesh area of a net of uniform construction, other than a cast net or net in the form of an elongated bag, is determined by multiplying the maximum length by the maximum width of the net. The maximum length of such a net is determined by multiplying the number of meshes along the corkline of the net by the bar measurement of the mesh in the net. The number of meshes along the corkline is determined by counting the number of meshes per tie and multiplying that by the total number of ties along the corkline. The maximum width, or depth, of such a net is determined by multiplying the number of meshes between the corkline and leadline of the net by the bar measurement of the mesh in the net. If a net, other than a cast net or net in the form of an elongated bag, is constructed in a nonuniform manner, the mesh area shall be determined by adding together the mesh area of the component parts.

(c) No more than two nets shall be fished with, set, or placed in the water from a single vessel at any one time. No more than one net shall be fished with, set, or placed in the water by any person not on a vessel.

(d) No person shall connect, tie, or otherwise fasten together two or more nets in any manner so as to fish with, set, or place in the water a net exceeding the 500 square feet limit specified in paragraph (a). Two nets sharing the same corkline or leadline with a combined mesh area exceeding 500 square feet shall be considered connected and a violation of Article X, Section 16 of the Florida Constitution and this rule.

(e) No net may have more meshes attached per foot of corkline or leadline than 14 divided by the bar measurement of the mesh in the net. A net with more than this number of meshes attached per foot of corkline or leadline shall be considered an entangling net for purposes of this rule and Article X, Section 16 of the State Constitution.

(4) Cast Nets.

(a) The Fish and Wildlife Conservation Commission finds that the maximum specifications established for cast nets in paragraph (b) are appropriate to allow the largest cast nets that can be reasonably, practically, and effectively thrown by hand to take marine species in nearshore and inshore Florida waters, within the 500-square foot limit imposed by Article X, Section 16(b) of the State Constitution.

(b) No person shall fish with, set, or place in nearshore and inshore Florida waters any cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) greater than 14 feet. No more than two cast nets shall be fished in such waters from a single vessel at any time.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 11-26-92, Amended 4-12-93, 1-1-97, 4-27-98, Formerly 46-4.0081, Amended 12-2-99., 7-1-05


https://www.flrules.org/gateway/RuleNo.asp?ID=68B-4.0081



CONSTITUTION

OF THE

STATE OF FLORIDA

AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED

ARTICLE X MISCELLANEOUS

SECTION 16. Limiting marine net fishing.

http://www.leg.state.fl.us/statutes/index.cfm?submenu=3




http://myfwc.com/fishing/saltwater/commercial/

Net Limitations

Food fish caught in any net and not kept due to

bag, size, or other reason must be immediately

returned to the water alive.

The use of gill and entangling nets is prohibited

in all state waters (nine nautical miles from

the Gulf coast and three nautical miles from

the Atlantic coast). Any net (other than a

hand thrown cast net) with a stretched mesh

size larger than two inches is considered an

entangling net. Any net (other than a hand

thrown cast net or handheld landing or dip net)

constructed wholly or partially of monofilament

or multistrand monofilament material is also

considered an entangling net.

The use of a cast net with a stretched length

(the distance from the horn to the lead line with

the net pulled tight) of more than 14 feet and

fishing with more than two cast nets per vessel

are also prohibited in state waters.


pdf Version

http://myfwc.com/media/2617018/commercial_regulations_magazine.pdf


68B-4.0081 Statewide Net Gear Specifications; Soaking Requirements; Definitions; Cast Net Specifications.

(1) This rule is intended to implement prohibitions and restrictions of Article X, Section 16 of the Florida Constitution. As used there and in this rule, the term “net” or “netting” shall be broadly construed to include all manner or combination of mesh or webbing or any other solid or semisolid fabric or other material used to comprise a device that is used to take or harvest marine life.

(2) The following gear specifications shall apply in all state waters:

(a) The use or placement in the water of any gill or entangling nets of any size is prohibited.

(b) Any net constructed wholly or partially of monofilament or multistrand monofilament material, other than a hand thrown cast net, or a handheld landing or dip net, shall be considered an entangling net prohibited by Article X, Section 16 of the Florida Constitution, and this rule, unless otherwise authorized by rule of the Commission. The term“multistrand monofilament” does not include braided or twisted twines made of nylon, cotton, linen, or polypropylene.

(c) No person shall take or harvest, or attempt to take or harvest, any marine life in Florida waters with any net that is larger than 500 square feet in mesh area that has not been authorized by rule of the Commission. The use of a shrimp trawl, purse seine, jellyfish paired trawl, or calico scallop otter trawl that is larger than 500 square feet in mesh area, outside nearshore and inshore waters, shall be considered so authorized for purposes of this paragraph.

(d) No person shall fish with, set, or place in the water any net, other than a cast net, landing or dip net, jellyfish paired trawl, or calico scallop otter trawl with a mesh size greater than 2 inches stretched mesh. Any such net, with a mesh size greater than 2 inches stretched mesh shall be considered an entangling net for purposes of paragraph (a).

(e) No person shall soak a net for more than one hour, beginning when the first mesh is placed in the water and ending when the first mesh is retrieved back aboard the vessel or on shore. Once the first mesh is retrieved, the net operation shall be continuous until the net is completely removed from the water. This prohibition shall not apply to shrimp trawls, purse seines, jellyfish paired trawls, or calico scallop otter trawls.

(3) The following net gear specifications shall apply in nearshore and inshore Florida waters:

(a) No person shall fish with, set, or place in the water any net with a mesh area greater than 500 square feet.

(b) The mesh area of a net of uniform construction, other than a cast net or net in the form of an elongated bag, is determined by multiplying the maximum length by the maximum width of the net. The maximum length of such a net is determined by multiplying the number of meshes along the corkline of the net by the bar measurement of the mesh in the net. The number of meshes along the corkline is determined by counting the number of meshes per tie and multiplying that by the total number of ties along the corkline. The maximum width, or depth, of such a net is determined by multiplying the number of meshes between the corkline and leadline of the net by the bar measurement of the mesh in the net. If a net, other than a cast net or net in the form of an elongated bag, is constructed in a nonuniform manner, the mesh area shall be determined by adding together the mesh area of the component parts.

(c) No more than two nets shall be fished with, set, or placed in the water from a single vessel at any one time. No more than one net shall be fished with, set, or placed in the water by any person not on a vessel.

(d) No person shall connect, tie, or otherwise fasten together two or more nets in any manner so as to fish with, set, or place in the water a net exceeding the 500 square feet limit specified in paragraph (a). Two nets sharing the same corkline or leadline with a combined mesh area exceeding 500 square feet shall be considered connected and a violation of Article X, Section 16 of the Florida Constitution and this rule.

(e) No net may have more meshes attached per foot of corkline or leadline than 14 divided by the bar measurement of the mesh in the net. A net with more than this number of meshes attached per foot of corkline or leadline shall be considered an entangling net for purposes of this rule and Article X, Section 16 of the State Constitution.

(4) Cast Nets.

(a) The Fish and Wildlife Conservation Commission finds that the maximum specifications established for cast nets in paragraph (b) are appropriate to allow the largest cast nets that can be reasonably, practically, and effectively thrown by hand to take marine species in nearshore and inshore Florida waters, within the 500-square foot limit imposed by Article X, Section 16(b) of the State Constitution.

(b) No person shall fish with, set, or place in nearshore and inshore Florida waters any cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) greater than 14 feet. No more than two cast nets shall be fished in such waters from a single vessel at any time.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 11-26-92, Amended 4-12-93, 1-1-97, 4-27-98, Formerly 46-4.0081, Amended 12-2-99., 7-1-05

https://www.flrules.org/gateway/RuleNo.asp?ID=68B-4.0081

Notice of Proposed Rule


FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-4.002Gear Definitions

PURPOSE AND EFFECT: The purpose of this rule amendment is to consolidate and clarify the definitions for various legal fishing gears by moving gear descriptions currently located in some of the species-specific chapters of Divisions 68B, F.A.C. into the existing Gear Definitions rule in the Florida Fish and Wildlife Conservation Commission’s (Commission) marine fisheries rules and clarifying several of the definitions currently found in the rule. These definitions for gears used in multiple species chapters will apply to all marine fisheries, unless otherwise stated in species-specific rules. The proposed rule will add the following definitions to Rule 68B-4.002, F.A.C.: Frame Net, Paired Trawl, Otter Trawl, Snagging, Spearing, and Trawl. The definitions of Hook and Line Gear and Multiple Hook will be clarified.

The effects of this rule will be simplified rule language and improved rule clarity and enforceability.

SUMMARY: Rule 68B-4.002, F.A.C. (Gear definitions) will be amended to clarify existing gear definitions and relocate gear descriptions previously found in other chapters.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

A HEARING WILL BE HELD AT THE DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. –5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850)487-0554


THE FULL TEXT OF THE PROPOSED RULE IS:



OK So what does all this mean for the Recreation Shrimper?
It means that FRAME NETS ARE STILL LEGAL TO USE...

So go out and shrimp. Sam

 

.

 

KEN WROTE

Recreational frame nets constructed of monofilament are still legal to use!!

"Nothing makes a fish bigger than almost being caught"

 

PALEOMAN WROTE

OH HELL YEAH!

 

GRENZIE WROTE

Good news for sure! Gonna be buying mine from Ron for sure! Thank you all for getting to the bottom of all this. Can't wait to start shrimping again this coming season.

 

ZAK WROTE

Sam you the man getting all sraighten out for members.