Thousands of divers and snorkelers head into Florida waters each summer in search of spiny lobster. Officers from Florida Fish and Wildlife Conservation Commission (FWC) inspect boats and coolers at ramps and marinas to enforce catch sizes and limits.
An extra lobster or two may seem like a minor issue, but in Florida it is a criminal offense that can bring fines, jail time, and a criminal record. An experienced criminal defense attorney can review the facts of your stop, explain the charges you face, and discuss options for resolving the charges.
Know the Seasons and Limits
There are two seasons for spiny lobster each with specific rules.
- Mini-season (also called sport season) lasts two days and is always scheduled for the last consecutive Wednesday and Thursday of July. The bag limit is six lobsters per person in Monroe County and Biscayne National Park, and 12 per person elsewhere in Florida.
- The regular season runs from August 6 through March 31. The bag limit is six per person statewide.
- Physical possession rules limit you to one day’s limit on the first day and two days’ limit on the second.
- Size limits require every person harvesting lobster to carry a measuring device. Lobster must be measured while still in the water, and the carapace must be longer than three inches.
- Egg bearing females must be released.
- A Florida saltwater fishing license and spiny lobster permit are required for most harvesters.
- Night diving for lobster is banned in Monroe County during mini-season.
- Participants are expected to understand the laws and rules that apply, including the areas that are off-limits, such as John Pennekamp Coral Reef State Park and in no-take zones within the Florida Keys National Marine Sanctuary during mini-season.
Penalties for Exceeding the Bag Limit
Significant criminal penalties are possible for those who violate FWC’s marine resource rules. A first conviction can bring up to 60 days in jail, a fine of $100 to $500, or both. A second conviction within 12 months raises the maximum to six months in jail and a fine of $250 to $1,000. The court must report the outcome to FWC, which maintains a record of wildlife violations.
Related Violations Carry Stiffer Penalties
An over-the-limit stop by FWC officers may uncover other problems resulting in harsher consequences. These include:
- The first offense of possessing an undersized lobster is a second-degree misdemeanor. Subsequent offenses are first-degree misdemeanors. Each undersized lobster is a separate charge, with total penalties capped at four years’ imprisonment and $4,000 in fines. Possessing 100 or more undersized lobsters is a third-degree felony that carries a mandatory civil fine of at least $500.
- It is a major violation to possess lobster during the closed season or to have wrung tails (tails separated from the body) while on the water. A first offense is a second-degree misdemeanor, or a first-degree misdemeanor if 25 or more lobsters are involved. Repeat offenders face mandatory jail time, license suspensions, and eventually, felony charges.
Visitors Are Not Exempt
The same rules and laws apply to Florida residents and visitors. A visitor who receives a citation may need to return to Florida for court or retain a Florida attorney for representation. FWC opens mini-season to residents and non-residents alike.
How to Stay Within the Law
- Measure every lobster in the water before bagging.
- Keep a running count for each person on the boat, and stop when each reaches the limit.
- Keep lobsters whole while on the water.
- Carry your license, lobster permit, and measuring device at all times.
- Check whether you are in Monroe County or Biscayne National Park, where the limit is six in both seasons.
What to Do If You’re Cited
A wildlife citation is a criminal matter. A defense attorney from Brian Casey Law can review the officer’s count and measurements, and may be able to negotiate a reduced charge. Call for a consultation today.