Florida’s regulations on invasive freshwater fish split restricted non-native species into two tiers — Prohibited and Conditional — bar live possession of either without a Florida Fish and Wildlife Conservation Commission (FWC) permit, and tell anglers to kill rather than release most non-natives they catch. A handful of species carry opposite rules and must be released, and breaking any of these rules is a second-degree misdemeanor under state law, with federal penalties layered on if the fish is moved across state lines.
What You Can and Can’t Keep Alive
Chapter 68-5 of the Florida Administrative Code is the controlling framework. Prohibited species, listed in Rule 68-5.006, are the ones the state considers most ecologically dangerous: all snakeheads (family Channidae), all piranhas (subfamily Serrasalminae), the entire air-breathing catfish family Clariidae except the walking catfish, most tilapias in the genera Tilapia, Sarotherodon, Alcolapia, and Oreochromis (with four named exceptions), freshwater electric eels, lampreys, African electric catfishes, African tigerfishes, and green sunfish.1Florida Fish and Wildlife Conservation Commission. Prohibited Nonnative Species List
Conditional species, listed in Rule 68-5.004, include the walking catfish, several Asian carp species, and other freshwater fish and aquatic invertebrates.2Legal Information Institute. Florida Code 68-5.004 – Conditional Non-Native Species
Both tiers require a permit from the FWC’s Executive Director before anyone can legally possess live specimens, eggs, or hybrids.2Legal Information Institute. Florida Code 68-5.004 – Conditional Non-Native Species There is no personal-use exception for Prohibited species. If you hook one while fishing, you cannot legally keep it alive.
What To Do With a Non-Native Fish You Catch
Florida generally imposes no bag limits and no size limits on non-native nongame fish.3Florida Fish and Wildlife Conservation Commission. Freshwater Recreational Regulations – General Statewide Bag and Length Limits The policy is deliberate: the state wants anglers removing Mayan cichlids, oscars, and other established non-natives in whatever numbers they can.
Releasing non-native species into Florida waters is illegal. The practical consequence is simple. If you catch a non-native fish, kill it. Keep it for the table or dispose of it on the bank. Do not toss it back.
A sharp blow to the head is the standard field method. Placing the fish directly on ice also works, though it takes longer.
The Three Exceptions Anglers Miss
Three species break the kill-don’t-release default, and getting them wrong is where otherwise careful anglers end up in trouble.
Butterfly peacock bass. This South American import carries a daily bag limit of two fish, only one of which can exceed 17 inches. Florida stocked peacock bass deliberately to control other non-native cichlids, and the species now supports a sport fishery in Miami-Dade and Broward County canals.4Florida Fish and Wildlife Conservation Commission. Butterfly Peacock
Grass carp and alligator gar. Possessing either without a permit is illegal, and both must be released immediately if caught. Grass carp are stocked by the state for aquatic weed control, and killing one undermines that program.3Florida Fish and Wildlife Conservation Commission. Freshwater Recreational Regulations – General Statewide Bag and Length Limits
When in doubt, check the FWC’s current species regulations before you launch.
Moving Live Fish Between Waters
Transporting live specimens of any restricted species is illegal without the proper FWC or federal permit. Even for non-restricted non-natives, carrying live fish between water bodies risks spreading populations into previously unaffected areas and can trigger enforcement.
Federal law adds a second layer. Under the Lacey Act, moving live injurious wildlife across state lines is a federal crime. The injurious wildlife list overlaps heavily with Florida’s own restricted lists and includes walking catfish, all snakeheads, several Asian carp species, and zebra mussels.5eCFR. Injurious Wildlife Interstate permits are issued only for scientific, educational, medical, or zoological purposes, not for commercial sale or personal use.6U.S. Fish & Wildlife Service. Summary of Species Currently Listed as Injurious Wildlife under (18 U.S.C. 42) Lacey Act
Penalties for Breaking the Rules
Violating Florida’s non-native species rules is a second-degree misdemeanor. The maximum punishment is 60 days in jail and a $500 fine.7Online Sunshine. Florida Statutes 775.082 – Penalties8Florida Senate. Florida Statutes 775.083 – Fines Common violations include possessing a live Prohibited species without a permit, transporting live restricted fish, and failing to pay a noncriminal infraction citation within 30 days.9Justia. Florida Code 379.4015 – Noncriminal Infractions
If the fish is also listed as injurious wildlife under 18 U.S.C. § 42, federal penalties apply on top of any state charges. A federal violation carries up to six months in prison and a fine set under federal sentencing guidelines.10Office of the Law Revision Counsel. 18 USC 42 – Importation or Shipment of Injurious Mammals, Birds, Fish Federal enforcement typically targets commercial smuggling and deliberate interstate transport rather than individual anglers, but the statute applies to anyone who knowingly moves a listed species across state lines.
Reporting a New Sighting
If you encounter a non-native species in an area where it has not been documented before, the FWC wants to know. The Invasive Species Hotline at 888-IVE-GOT1 (888-483-4681) handles reports of high-priority species, which the FWC defines as non-native snakes, monitor lizards, and tegus.11Florida Fish and Wildlife Conservation Commission. Report Sightings of Nonnative Species For other non-natives, including fish, the FWC prefers reports through the IveGot1 app or website. A photo and GPS coordinates give biologists what they need to track whether a population is spreading into new canal systems or river basins.
The License You Still Need
You still need a valid Florida freshwater fishing license to target non-native fish, even though the state wants them removed. A resident annual freshwater license costs $17; non-residents pay $47 per year.12Florida Fish and Wildlife Conservation Commission. Freshwater Recreational Licenses and Permits Standard exemptions apply for children under 16, residents 65 and older, and certain disabled or military personnel. Licenses are sold online, at county tax collector offices, and through authorized retail agents.