ipfw , mac match

[hugle]

hello all
i have a rulset like:
03990         39         5189 skipto 5999 ip from 192.168.1.83 to not 192.168.0.0/16 MAC any 00:40:f4:70:8c:87 in via fxp0
05001         14          650 count ip from 192.168.1.83 to not 192.168.0.0/16 in via fxp0

but where does those packets appear in rule 5001 ?
they were not supposed to be there
it means but there is some other traffic going from IP 192.168.1.83
with MAC not 00:40:f4:70:8c:87 ?
or how should I understand this?

hopefully I only have a mistake here somewhere in my rule.
could anyone look here for errors ?

Thx
ps. in rule 5001 there should be fwd rule.. count rule is only for
testing, if count works - I'd change it to one i need.