Florida's Fishing and Diving Laws

The Marine Fisheries Commission creates the fishing regulations with the final approval of the governor and cabinet. The information shown below is a brief summary of the regulations governing the taking of saltwater species for personal use. These rules are subject to change.

State boundaries - Florida's state waters consist of all waters within 9 nautical miles of the shoreline in the Gulf of Mexico and 3 nautical miles in the Atlantic ocean.

Federal waters - For fisheries purposes, the federal waters are those 200 miles seaward of state waters.

Florida Dive Flag Law - the dive flag MUST be displayed when diving and/or snorkeling.

Bay Scallops: Unlawful to use mechanical harvesting gear in water less than 3 feet deep.

Blue Crabs: Illegal to use more than 5 traps for taking Blue Crabs without a permit from the DEP. Traps may be worked during daylight hours only.

Coral: Unlawful to take, possess or destroy sea fans, hard corals or fire corals unless it can be shown by a certified invoice that it was imported from a foreign country.

Crawfish: Lobster must remain in a whole condition at all times while being transported on or below the waters of the state. No egg-bearing females may be taken. Use of grains, spears, grabs, hooks or similar devices is prohibited. The molesting, taking or trapping of spiny lobster within the Biscane Bay Card Sound Crawfish Sanctuary within Dade and Monroe Counties is prohibited. Divers are required to have a carapace measuring device in their possession and to perform each measurement in the water.

Sportsman season is the last consecutive Wednesday and Thursday in July.

Hard Clams: Unlawful to take, possess or transport clams on the water from one-half hour before official sunrise. Unlawful to use any rake, dredge or other mechanical devices to harvest clams in any grass bed.

Marine Mammals (Manatees, Sea Cows, Porpoises and Whales): Manatees or Sea Cows and whales are endangered species. All marine mammals or parts thereof are protected by both state and federal law. It is unlawful to take, kill, injure, annoy or molest a marine mammal. Report any harassment, distress, injury or death of a marine mammal to the nearest Florida Maine Patrol office or call 1-800-DIAL-FMP.

Marine Turtles, nests and eggs: It is unlawful to take, kill, molest, disturb, harass, mutilate, destroy, cause to be destroyed, sell, offer for sale or transfer any marine turtle, marine turtle nest or marine turtle egg. Marine turtles accidentally caught must be immediately returned to the water alive.

Queen Conch: It is unlawful to take or harvest any queen conch form the land or waters or to possess or transport any queen conch so taken or harvested.

Drugs, poisons: It is illegal to place drugs or poisons in the marine waters except by permit from the Florida Department of Natural Resources.

Explosives: The use of explosive or the discharge of firearms into the water to kill food fish is prohibited. The landing ashore or the possession on the water by any person of any food fish that has been damaged by explosives, or the landing of headless jewfish or grouper, if the grouper is taken for commercial use, is prohibited.

Oysters: May only be taken from approved shellfish harvesting areas.

Snook: It is unlawful to take by any means other than hook-and-line. It is unlawful to take with live or dead bait in conjunction with a treble hook. Snatching is prohibited.

Stone Crab Claws: No trapping except under permit from the Florida Department of Natural Resources. Use of spears, grains, grabs, hooks or similar devices which can puncture, crush or injure the crab body is prohibited. Legal claw or claws may be taken but live crab must be released. It is unlawful to remove claws form egg-bearing females.

Shrimp: No person shall harvest more than five gallons of shrimp, heads on, per day, with a maximum of one 5 gallon bucket per vessel per day.

Spearfishing: It is unlawful to spearfish as follows:

Within 100 yards of all public bathing beaches, commercial or public fishing piers, and that portion of any bridge where public fishing is permitted.

Within 100 feet of that portion of any jetty that is above the sea surface, except along the last 500 yards of the exposed portion of any jetty extending more than 1,500 yards from the shoreline.

For the taking of species of ornamental reef fishes, i.e. surgeonfish, trumpetfish, angelfish, butterflyfish, porcupine fish, cornet fish, squirrelfish, trunkfish, damselfish, parrot fish, pipefish, sea horses and puffers.

In Collier County and that part of Long Key north to the Dade County line.

In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Florida Department of natural Resources. (The possession of spearfishing equipment is prohibited in these areas.)

For the taking of any species whereby the taking by spear is prohibited.

You are required to have a valid Florida Saltwater Fishing license to take fish in the state.

Resident License

10 day - $10

1 year - $12

5 year - $60

Nonresident

3 day - $5

7 day - $15

1 year - $30

You DO NOT need a saltwater fishing license if you meet any of the following criteria:

You are under the age of 16

You are a Florida resident fishing in saltwater from land or a structure fixed to land

You are fishing from a boat that has a valid saltwater fishing license. FDU's charter boat Giant Stride has a license.

You hold a valid saltwater products license, unless you are the owner, operator or custodian of a vessel for which a saltwater fishing license is required. Only one individual may claim this exemption at any given time.

You are a Florida resident 65 years of age or older.

You are a Florida resident who is a member of the Armed Forces and not stationed in Florida while home on leave for 30 days or less, with valid orders in your possession.

You have been accepted by the Florida Department of Health and Rehabilitative Services ( HRS ) for developmental services.

You are fishing from a pier that has been issued a saltwater fishing license.

You have been assigned by a court to a HRS authorized rehabilitation program involving Florida aquatic resources.

You are a Florida resident fishing for mullet in freshwater and have a valid Florida freshwater fishing license.

You are a Florida resident fishing for a saltwater species in freshwater from land or from a structure fixed to the land.

If you are a Florida resident and are certified as totally and permanently disabled, you are entitled to receive, without charge from the county tax collector, a permanent saltwater fishing license.