returning to dock after midnight on thursday night

[jpaul]

A family friend of ours was checked at the dock when arriving back, after bulley netting Thursday night, just after midnight and got arrested for lobstering out of season. He had got his limit and finished lobstering at 11:30 and headed in. They said because he was on the water with lobster and lobstering gear after midnight he was in violation. I have been doing this for thirty years and have never heard of having to be off the water by midnight, just no harvesting after midnight. Does anybody know where, if it even exists, that states in the rules that you have to bee off the water by midnight?

[chuck]

I've never heard of it either. I just called FWC Law Enforcement @ 305-956-2500 and was told that transportation after 11:59PM Thurs of mini season is ok so long as you are not harvesting. Does he have a GPS unit on his boat that would be able to prove that he was in motion at all times after midnight? I'm not sure if it would help or not, but it certainly couldn't hurt. The rules below seem like they may contradict what I was told, but there may be other rules specifically regarding the transportation just after mini season. Obviously it's best to rely on what the rules say and not what an individual says. I would definitely seek legal counsel. Please keep us up to date on what happens.

Here are the rules regarding Lobstering. https://www.flrules.org/gateway/Chapter ... ter=68B-24
Here are the rules specifically for the seasons. https://www.flrules.org/gateway/RuleNo.asp?title=SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER&ID=68B-24.005

Here is something that seems to apply.

68B-24.005 Seasons.
(1) Except as provided in subsection (2) of this rule, the season for harvest of spiny lobster in state waters shall be August 6 of each year through March 31 of the following year. No person shall harvest, attempt to harvest, or have in his possession, regardless of where taken, any spiny lobster during the closed season of April 1 through August 5 of each year, except pursuant to subsection (2), for storage and distribution of lawfully possessed inventory stocks as provided by special permit issued by the Commission pursuant to Section 379.367, F.S.
(2) There shall be a sport season for recreational harvesters of spiny lobster, which season shall occur during the last Wednesday and successive Thursday of July each year. During this sport season, the following special restrictions shall apply:
(a) No person shall harvest spiny lobster by any means other than by diving or with the use of a bully net or hoop net.
(b) In Monroe County only, no person shall harvest spiny lobster:
1. By diving at night (from 1 hour after official sunset until 1 hour before official sunrise).
2. In or from the waters of John Pennekamp Coral Reef State Park, pursuant to Rule 68B-24.0065, F.A.C.