Florida’s Shark Fishing Regulations: An Overview
Shark fishing in Florida is regulated in a number of ways in order to protect sharks and their populations. All sharks are classified as either large-scale or small-scale, which determines what the regulations for fishing them are. Large-scale sharks include all species of requiem sharks (with the exception of blacktips), hammerheads, makos, porbeagles, threshers, bluefin tunas, swordfish, and marlins. Small-scale sharks almost always include the alpha and spheroides shark families—the blacktips are usually in the requiem family. Small-scale sharks have open season all year, while there are seasons for large-scale sharks: -Sandbar Sharks: The only sharks prohibited by Florida’s 2015 ban from October 1 through April 30 -Bonnethead, Atlantic sharpnose , blacktip, and blacktip reef sharks: Nov. 1 through March 31 -Nurse, hammerhead (all species), mackerel, dog, and gulf of Mexico and gulf coasts of southeastern U.S porbeagle sharks: April 1 through July 30 -Greater hammerhead: April 1 through Jan. 31. All shark fishers must have the appropriate fishing permit or license. For state waters, a recreational saltwater fishing license is necessary. For those who want to fish commercially, they need to obtain a commercial saltwater license or a Limited Entry Commercial Fisheries License if it is a species that is limited entry only. You will also need to have a state-specific Commercial Fisheries Hook-and-Line Endorsement to be legally compliant if you want to commercially fish shark in the state of Florida.
Legal Sharks You Can Catch & Lawfully Release
Certain species of sharks are permitted to be caught in the waters off of the coast of Florida, but with that privilege comes the responsibility of making sure that conservation efforts are honored. Sharks caught in Florida waters include the blacktip, Atlantic sharpnose, bonnethead, Florida hammerhead, smooth hammerhead, and spiny dogfish species types. Two species of sharks — the Atlantic sharpnose and the spiny dogfish — may be harvested legally. Issues of conservation, however, must be carefully considered, and many judges place greater value on ecological conditions than they do on any traditional fishing practices. The following requirements shall be followed while fishing in local waters near Boca Raton, Florida:
Any shark that is caught in one of the above-mentioned species types must be released and not kept. Only two species of sharks may be legally kept: the Atlantic sharpnose and the spiny dogfish. Any species type of shark that is protected or restricted under federal law must be handled in keeping with all requirements set forth by state law.
The Illegal Species of Sharks in Florida Waterways
While most shark species are regulated in the Florida waters, there are currently 4 species that are completely protected. This means it is illegal for fishermen to target the species or "incidentally" catch the species as bycatch. These species are protected because they are currently listed as endangered or threatened under the Endangered Species Act (ESA). The policy reasons for protecting these species stem from the realization that they are critically endangered; therefore, we must take every effort to prevent their extinction.
The four prohibited species are as follows:
- Sawfish – The sawfish is both a state and federally listed endangered species. Along with other sawfishes in similar genus, sawfishes are often confused with sharks as they belong to the order priciproidei. Sawfishes have long flattened rostrums covered with pointed teeth called rostral teeth. Due to their rostrum, they are occasionally referred to as "carpet sharks". Sawfishes are the only elasmobranch that are protected by Florida law. Caution amongst fishermen is necessary as the species is often misidentified by the common name.
- Smalltooth sawfish – Similar to the sawfish, the smalltooth sawfish is both a state and federally listed endangered species. The smalltooth sawfish can reach lengths of up to 20 feet. Although the species was native to Florida waters, the stock appears to be extinct in the Gulf. Therefore, it is illegal to engage in any activities relating to their capture and possession.
- Guitarfish, Gulf and Atlantic subspecies – Although the Gulf and Atlantic subspecies are separate, the Florida Fish and Wildlife Conservation Commission (FWC) recognizes the two species as one for the purposes of the rules. A recent regulatory revision has updated the FWC to include the guitarfish in prohibitory actions. Guitarfish, along with some other ray-like species such as the electric ray, poison ray, stingray, and skates, fall under this prohibition. Guitarfish are known to inhabit shallow coastal waters which can at times overlap with commercial and recreational fishing.
- Atlantic Blacktip Shark – The ESA listing of the Atlantic blacktip shark is a reminder of its vulnerability in the wild. Blacktips are probably the most commonly fished species in both the Atlantic and Gulf coasts. However, the proliferation of this species also has affected its population. For example, the South Atlantic Fisheries Management Council in 2009 released a report detailing that blacktips had been accidently caught in numerous quantity over the last few years. This report led to a number of state regulations to help control blacktip harvesting.
Requiring A Permit To Fish For a Florida Shark
Whether fishing from shore or a boat in Florida, a specific license is required for any person over the age of 16 to fish for any species of sharks. Two special endorsements are also required, and these endorsements are known as the State Shark fisheye permit and the Federal Highly Migratory Species (HMS) Card. The SSRP and HMS permit are required for all Florida fishermen targeting sharks. These two must be obtained when purchasing a saltwater fishing license, as the saltwater fishing license acquired in Florida will not automatically allow the fishing of shark species.
The SSRP requires the angler to adhere to the following recommendations: The shark must not be from the following prohibited species: Prohibitions against the harvesting of prohibited species of sharks appear on the Florida Fish & Wildlife Conservation website. The two species of sharks which are prohibited from harvest by the state of Florida are the hammerhead and great hammerhead, irrespective of the size of the species . The following six species of sharks are allowed to be harvested however, the angler is prohibited from harvesting any pupping females and these sharks must be a minimum of two to three inches above the maximum slot length and any secondary finning is prohibited: It is important to note that any bag limits, closure of a species of a shark or any variation of these two regulations at any time during the open season will terminate this type of fishing year round. It is also illegal for any fisherman to fish for the species of sharks that are prohibited from harvest during open season. Any other species of fish which may be caught by an angler during the targeted fishing season for the remaining shark species may be harvested provided the fisherman abides by the specific regulations set out by the FWC.
The following gear is not permitted for the harvesting of any shark, regardless of the species: Each species of permitted shark has its own closure periods. The angler must check on available closures and the status of his or her desired species before planning a fishing trip. Regulations governing the harvesting of sharks in Florida by commercial fishermen is separate from the above and can be found [email protected].
The Penalty For Violating Florida’s Shark Fishing Laws
Shark fishing, whether from shore or from a boat, is not a matter to be taken lightly. In addition to the fact that certain species of sharks are protected depending on size, location, and time of year, there are strict requirements regarding how to properly handle and release protected species once caught. Those who do not comply with these requirements face stiff penalties including substantial fines and possible incarceration.
First and foremost, anyone who intends to engage in shark fishing, either from the shore or from a boat, should familiarize themselves with the current Florida fishing regulations. These regulations include size, bag, and seasonal limits as well as seasonal restrictions for both shore and boat fishing. The Florida regulatory schedule can be found at Recreational Saltwater Fishing Rules. The National Oceanic and Atmospheric Administration also has a comprehensive up-to-date list of prohibited species, protected species, size, bag, and seasonal limits for different coastal regions. This site can be reached at Prohibited and Protected Species Information.
Anyone who violates any of the Florida fish and game laws faces significant penalties. Under Section 379.401(1), Florida Statutes, an individual violating the provisions of the fish and game laws which result in taking of endangered species is guilty of committing a felony of the third degree, punishable by no more than five years in prison and/or a fine of not more than $5,000.00. Any violation of the remaining provisions of the fish and game law is considered a first degree misdemeanor punishable by up to one year in jail and/or a $1,000.00 fine.
Anyone charged with the penalties identified above must consider also that the State Attorney General is required by law to impose an automatic payment to the state fund for endangered species at ten times the amount of the fine imposed. For example, if someone is fined $10,000.00 for killing a Florida Manatee, he or she will be ordered to pay $100,000.00 to the Florida Marine Turtle Protection Fund, the Marine Resources Conservation Trust Fund, and the Florida Endangered Species Trust Fund.
Finally, an individual found guilty of violating any of the provisions of the Florida fish and game statutes may have their fishing license suspended as well as have any and all fish and tackle seized and/or forfeited.
Whether for an endangered species or any protected species, fish or animal, it is important that anyone who plans to engage in sport fishing or hunting review the Florida fish and game laws prior to any activity to insure full compliance. Avoiding costly fines and incarceration is the name of the game.
Good Practices When Fishing for Sharks
Consistent with the State Policy of "passive abundance" of sharks, respecting, conserving and enhancing stocks of sharks and protecting them from overfishing, the most important consideration in responsible shark fishing is management of "catch and release." Learn the law, follow the law and fish responsibly.
To avoid violation of Florida Regulations and turnover of your great catch (for research purposes), all sharks must be handled in such a way as to ensure a proper release. Once caught, keep the shark submerged at all times in the water while fishing, unless the shark is larger than the vessel’s available space and cannot be brought onboard without removing it from the water (no dragging the shark onto the vessel’s surface). Observe the mouth and gill area and the position of the dorsal hook to ensure that the catch is properly handled and not excessively stress or injured . Do not use gaffs (i.e., landing hooks) or tail ropes or other gear to remove the shark from the water. In addition, "dehooking tools," should be used to remove hooks caught in sharks to avoid injury and stress to the animal, since many types of hooks cause minimal injury to harvested fish. It also is important to place the shark back in the water carefully, holding the animal by the tail and/or head only. Never place any part of your body in the mouth of the shark or lift the shark by its gills, gill covers or from the jaw. Never participate in "yank and yank" behavior, or other activities that alter position of their internal organs and sensitive body turbans. While tag placement knowledge is best gained from a local shark fishing expert-proper tagging techniques is essential to the Shark Person Study and Reference Systems and population studies which track shark migration.