Illegal Snapper and Reef Fish Charges in Miami and the Keys

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Law That Applies

• FWC's reef fish rules, Florida Administrative Code Chapter 68B-14. These cover snappers, groupers and sea basses, amberjacks, hogfish, triggerfish, porgies, tilefish, and related species, which FWC designates as "restricted species." They set the size limits, bag limits, seasons, gear rules, and landing rules.
• Florida Statutes, Chapter 379. Florida has no separate penalty statute just for snapper. Reef fish violations are graded under the general fish and wildlife penalty system in s. 379.401 (Levels One through Four) and s. 379.407 (penalties for marine violations, including "major violations").

We don't list sizes, bag limits, or season dates on this page, because FWC changes them, and it does: FWC's reef fish size-limit and recreational bag-limit rules were amended effective April 1, 2026, and its State Reef Fish Survey reporting rule effective September 1, 2026. FWC publishes the current limits and dates, and the rules are in Chapter 68B-14 of the Florida Administrative Code. Check before every trip.

How Reef Fish Violations Are Graded

Level Two (the most common): a misdemeanor. Violating FWC rules on seasons, bag, possession, and size limits, methods of taking fish, and landing requirements is a Level Two violation.

• First violation (no Level Two or higher conviction in the past 3 years): second-degree misdemeanor.
• Repeat violations: first-degree misdemeanor, with minimum fines of $250, $500, or $750 depending on the number and timing of priors, and suspension of your recreational licenses for 1 or 3 years at the higher repeat levels.

Level Three: first-degree misdemeanor. Violating FWC rules against selling saltwater fish, a "major violation" by someone who isn't a commercial harvester or dealer, and fishing while your license is suspended or revoked. A repeat within 10 years carries a $750 minimum fine and license suspension.

Level One: noncriminal infraction. Fishing without a required recreational license, and failing to file certain reports required of recreational license holders, including the reef fish survey report described below.

For these levels, a "conviction" is any court outcome other than an acquittal or a dismissal. A plea with a withhold can still count as a prior.

The Kinds of Reef Fish Rules People Get Charged Under

• Minimum size limits. Each species has its own minimum, measured the way the rule says (some by total length, some by fork length).
• Bag and possession limits. Per-person daily limits, including an aggregate snapper limit that counts different snapper species together, and special limits for captains and crew on for-hire boats in some waters.
• Seasons. Several reef fish have open and closed seasons, including red snapper, groupers and tilefish, amberjacks, Gulf gray triggerfish, hogfish, and red porgy. Red snapper seasons in the Gulf are announced electronically by FWC.
• Over the limit or undersized on the boat. Having any fish over the bag limit or under the minimum size aboard a vessel fishing in state waters is a violation.
• The captain answers for everyone. Under the reef fish rules, the person operating the boat is treated as having violated any prohibition violated by another person aboard.
• Keep it whole. Reef fish generally must be landed in whole condition. Having them filleted, deheaded, skinned, or otherwise cut up while on the water, or on a pier, bridge, or jetty, is prohibited. Gutting and removing gills is allowed, and so is preparing fish to eat on board. There is a narrow exception for certain fish lawfully caught in the Bahamas.
• Gear. Only certain gear is allowed. Spearing has limits, and powerheads, bangsticks, and other explosive devices may not be used to take listed snapper or grouper in state waters. When fishing for certain reef fish, a descending device or venting tool must be on board, rigged, and ready to use for fish showing signs of barotrauma.
• Goliath grouper. Recreational harvest of goliath grouper is closed in Miami-Dade waters and other South Florida waters.
• The State Reef Fish Survey. Recreational anglers must report their intention to harvest certain reef fish, including mutton, red, vermilion, and yellowtail snapper, several groupers, hogfish, gray triggerfish, and amberjacks, and carry proof while fishing for them from a boat, unless exempt. Under the rule, failing to file the report is a noncriminal infraction.
• Buying and selling. No one may possess, transport, buy, sell, or trade fish harvested in violation of the reef fish rules.

Commercial Fishermen and Dealers

Commercial harvesters and dealers face added penalties for finfish "major violations" under s. 379.407(2): for example, an added $5 per pound on a second conviction within 24 months for the same violation involving more than 100 pounds, an added penalty equal to the wholesale value when more than 1,000 pounds of illegal finfish are involved, and a requirement to show cause why the saltwater products license should not be suspended or revoked after certain finfish violations. Selling without the required licenses is its own major violation, with penalties that climb to felonies and mandatory jail on repeat violations.

What Happens at an FWC Stop

FWC officers measure, count, and identify fish at the ramp, the dock, and on the water. When an officer has probable cause to believe your boat was used for fishing, the law allows inspection of coolers, fish boxes, bait wells, and iced areas, but not containers in the sleeping or living areas of the boat. Expect questions about who caught what, a check of your license and survey proof, and a look at whether the fish are whole. See our Fish & Wildlife Charges page for more on FWC stops, and our Lobster Charges page if lobster was aboard too.

How We Defend Reef Fish Cases

• Species and measurement. Was the fish correctly identified? Was it measured the way the rule requires, with the right length method?
• The count. Bag limits are per person. Who was aboard, who was fishing, and who caught what?
• The rule in effect. Reef fish sizes, limits, and seasons change, and some depend on whether you were in the Atlantic or the Gulf, or in state or federal waters. We check the rule that actually applied.
• The stop and the search. Did the officer have authority to stop, board, and look where he looked?
• Your record and your license. Because repeat violations bring mandatory fines and license suspensions, how a first case ends matters.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is a short snapper a crime?

Usually yes. Violating FWC size limits is generally a Level Two violation, a second-degree misdemeanor the first time.

My friend caught the extra fish, but it was my boat. Am I responsible?

Under FWC's reef fish rules, the person operating the boat is treated as having violated any prohibition violated by someone aboard. Who was operating, and what you knew, matter.

Can I fillet my catch on the way back?

Generally no. Reef fish must be landed whole; gutting and removing gills is allowed. There are narrow exceptions, such as preparing fish to eat on board.

What are the current limits?

FWC publishes them, and they change. The rules are in Florida Administrative Code Chapter 68B-14.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.