reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.0041 - Commercial Limits: Seasonal, Regional, and Weekend Limits

Current through Reg. 50, No. 138; July 16, 2024
(1) Striped mullet -
(a) Except as provided in paragraph (1)(b)
				and rule 68B-39.0045,
				68B-39.0046, or
				68B-39.008, F.A.C., a commercial
				harvester is not subject to a daily bag limit for striped mullet.
(b) During the period beginning November 1
				each year and continuing through January 31 of the following year, a commercial
				harvester may not harvest striped mullet in excess of the recreational bag and
				vessel limits established by rule
				68B-39.004, F.A.C., from the
				following waters:
1. In Manatee County, all
				waters of the Manatee River upstream of a line extending from a point at the
				eastern side of the mouth of Warner East Bayou (27°30.588'N,
				82°37.098'W) in a northeasterly direction to a point at the eastern side of
				the mouth of Snead Island Cut (27°31.424'N, 82°36.637'W).
2. In Charlotte County, on the Peace River,
				upstream of a line extending from Mangrove Point (26°53.590'N,
				82°05.510'W) in a northwesterly direction to a point on the shoreline at
				the northern bank of the eastern mouth of Myakka Cutoff (26°56.018'N,
				82°08.018'W).
3. In Charlotte
				County, all of Coral Creek upstream of its mouth on Gasparilla Sound, defined
				as a straight line between a point at 26°49.797'N, 82°15.742'W and a
				point at 26°49.797'N, 82°15.661'W.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.0045 - Striped Mullet: Seasonal Recreational and Commercial Bag Limit for Portion of Pinellas County

Current through Reg. 50, No. 138; July 16, 2024
(1) During the period
				beginning October 1 each year and continuing through January 31 of the
				following year, no recreational or commercial harvester may harvest or possess
				within the areas described in subsection (2), more than five striped mullet per
				day. During this period, the possession of more than five striped mullet aboard
				a vessel in these areas is prohibited, regardless of the number of recreational
				or commercial harvesters aboard.
(2) The closure area shall include all of the
				following waters:
(a)
1. Riveria Bay and Bayou Grande, commonly
				known as Papy's Bayou, together with their interconnecting waters.
2. Placido Bayou, commonly known as Smack's
				Bayou, Snell Isle Harbour, and Coffee Pot Bayou, together with the portion of
				Tampa Bay lying between said Bayous.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.0046 - Striped Mullet: Seasonal Night Harvest Prohibition for Portion of Charlotte County (Punta Gorda)

Current through Reg. 50, No. 138; July 16, 2024
(1) During the
				period beginning on November 1 each year and continuing through the last day of
				February of the following year, no recreational or commercial harvester shall
				harvest or attempt to harvest any striped mullet within the area described in
				subsection (2), during the period beginning 6:00 p.m. each evening and
				continuing until 6:00 a.m. the following morning. No person may possess any
				striped mullet in or on the waters of the area during this nightly
				closure.
(2) The provisions of
				subsection (1) apply within the following described area of Punta Gorda,
				Charlotte County, Florida:
Beginning at 26°55.578'N, 82°04.232'W, then
				  proceeding due north to 26°55.618'N, 82°04.232'W, then proceeding
				  westerly, southerly, and easterly along a line parrallel to and 300 feet
				  seaward of the shoreline to 26°52.437'N, 82°03.618'W, then proceeding
				  easterly to 26°52.405'N, 82°01.427'W, then proceeding northerly to
				  26°53.466'N, 82°01.394'W at the western right-of-way of U.S. Highway
				  41, then proceeding northwesterly along the western right-of-way of U.S.
				  Highway 41 to 26°55.455'N, 82°02.847'W, then proceeding westerly to
				  26°55.473'N, 82°03.751'W, then proceeding due north to 26°55.578'N,
				  82°03.751'W, then proceeding due west to the point of
				  beginning.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 2-24-98, Formerly 46-39.0046, Amended 7-1-03,
					 5-16-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.0047 - Allowable Harvesting Gear (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-3-97, Amended 1-1-98, 11-16-98, 12-31-98, Formerly
					 46-39.0047, Amended 12-2-99, 7-1-01, 7-1-03, Repealed
					 5-16-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.005 - Silver Mullet: Commercial Closed Season

Current through Reg. 50, No. 138; July 16, 2024
During the period beginning February 1 and continuing through
				  the last day of February each year, the harvest for commercial purposes of
				  silver mullet in the East Region is prohibited. During this period in this
				  region, all harvesters are subject to the recreational bag, possession, and
				  landing limits specified in rule
				  68B-39.004,
				  F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-19-89, Amended 10-1-90, 9-1-91, 11-16-93, 3-3-97,
					 11-16-98, Formerly 46-39.005, Amended 7-1-03, 7-13-08, 4-13-17,
					 5-16-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.006 - Allowable Gear; Prohibited Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				person may harvest or attempt to harvest striped mullet or silver mullet only
				by or with the use of the following gear:
(a)
				Cast net with a stretched length (the distance from the horn at the center of
				the net, with the net gathered and pulled taut, to the lead line) no greater
				than 14 feet, provided that no more than two such nets shall be fished from any
				vessel at any time.
(b) Beach or
				haul seine with a total area (the mesh area plus the area of any other attached
				material that adds to the fishing surface of the net) no larger than 500 square
				feet, provided that no more than two such nets unconnected shall be fished from
				any vessel at any time.
(c) Hook
				and line gear.
(d) Snagging or
				snatch hooking.
(e) Spearing;
				except spearfishing is prohibited in fresh water.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.007 - Prohibited Purchase and Sale

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				person may not purchase or sell any silver mullet harvested on any weekend
				during the period beginning on July 1 each year and continuing through January
				31 of the following year.
(2) A
				person may may not purchase or sell any silver mullet harvested from waters of
				the East Region during the period beginning February 1 and continuing through
				the last day of February each year.
(3) A person may not purchase or sell any
				striped or silver mullet harvested in waters of the Atlantic Ocean or Gulf of
				Mexico offshore of the three nautical mile line or offshore of the Everglades
				National Park Line, as described in rule
				68B-39.008,
				F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 5-16-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-39 - MULLET › Section 68B-39.008 - Striped and Silver Mullet: Areas Closed to Commercial Harvest

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest or possess striped or silver mullet
				  for commercial purposes in waters of the Atlantic Ocean or Gulf of Mexico
				  offshore of the three nautical mile line (formerly known as the territorial sea
				  line) or offshore of the Everglades National Park Line, which shall commence at
				  a point on the three nautical mile line at 25°47.342'N, 81°33.184'W,
				  thereafter going due northeast to 25°49.209'N, 81°31.099'W, thereafter
				  going in a southerly direction following the Western boundary of the Everglades
				  National Park to the lighted buoy #2 at 24°52.294'N, 80°53.184'W,
				  thereafter going in a southwesterly direction to a point on the three nautical
				  mile line at 24°51.664'N, 80°53.836'W, at which point it shall
				  terminate.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-19-89, Amended 10-1-90, 10-5-92, 9-1-93, 11-29-93,
					 3-3-97, Formerly 46-39.008, Amended 7-1-03,
					 5-16-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.001 - Designation as a Resticted Species

Current through Reg. 50, No. 138; July 16, 2024
Dolphin are hereby designated as restricted species pursuant
				  to Section 379.101(32),
				  F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 68B-41, F.A.C.
(1) "Atlantic Ocean" means all state waters
				along the east coast of Florida lying between the Florida-Georgia border and
				83° West Longitude (near the Dry Tortugas Islands).
(2) "Dolphin" means a fish of the species
Coryphaena hippurus
or
Coryphaena equiselis
,
				or any part thereof.
(3) "Gulf of
				Mexico" means that body of water north and west of the line described in the
				definition of "Atlantic Ocean" contained in subsection (1) of this
				rule.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-91, Amended 7-15-96, 1-1-98, Formerly 46-41.002,
					 Amended 1-3-05, 9-1-13, 5-1-22.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.003 - Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Conditional Requirement and Exception

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Size Limit in the Atlantic Ocean - A recreational harvester may
				not harvest or land from the Atlantic Ocean or possess in or on the Atlantic
				Ocean a dolphin that is less than 20 inches in fork length.
(2) Commercial Size Limit in Florida Waters -
				A commercial harvester may not harvest or land from Florida Waters or possess
				in or on Florida Waters a dolphin that is less than 20 inches in fork
				length.
(3) Landed in Whole
				Condition Requirement - Except as provided elsewhere in this rule, a person
				harvesting dolphin shall land each dolphin in whole condition. A person may not
				possess in or on Florida Waters a dolphin that has been beheaded, sliced,
				divided, filleted, ground, skinned, scaled, or deboned. This provision will not
				be construed to prohibit evisceration (gutting) of a dolphin, or removal of
				gills from a dolphin.
(a) Landed in Whole
				Condition Exception - Recreational anglers that lawfully harvest dolphin in
				waters of the Commonwealth of the Bahamas are exempt from the requirement to
				land dolphin in whole condition under the following conditions:
1. Skin must remain intact on the entire
				fillet of any dolphin carcass.
2. A
				person or vessel that lawfully harvests dolphin in Bahamian waters and transits
				through Florida waters must comply with the bag and possession limits specified
				in 50 C.F.R. §622.277 (as of January 27, 2016). Two fillets of dolphin,
				regardless of the length of each fillet, is equivalent to one fish.
3. Valid Bahamian fishing and cruising
				permits are on board the vessel.
4.
				Each person on the vessel has a valid government passport with current stamps
				and dates from the Commonwealth of the Bahamas.
5. The vessel is in transit through state
				waters with fishing gear appropriately stowed. For the purpose of this rule, a
				vessel is in transit when it is on a direct and continuous course through state
				waters and no one aboard the vessel fishes in state waters. For the purpose of
				this rule, fishing gear appropriately stowed means that terminal gear (i.e.,
				hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit
				gear, buoy gear, handline, or rod and reel must be disconnected and stowed
				separately from such fishing gear. Sinkers must be disconnected from the down
				rigger and stowed separately.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.004 - Bag and Vessel Limits; Bycatch Allowance

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Limits -
(a) Bag Limit -
1. Gulf of Mexico. A recreational harvester
				may not harvest or land per day from Florida Waters or possess in or on Florida
				Waters more than 10 dolphin.
2.
				Atlantic Ocean. A recreational harvester may not harvest or land per day from
				Florida Waters or possess in or on Florida Waters more than 5
				dolphin.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.005 - Seasons

Current through Reg. 50, No. 138; July 16, 2024
There is no closed season for dolphin.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-91, Amended 1-1-98, Formerly 46-41.005, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.006 - Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Allowed Gear and Method of Harvest - A
				person may harvest or attempt to harvest a dolphin within or without Florida
				Waters only by or with the use of hook and line gear and spearing.
(2) Prohibited Gear and Method of Harvest -
(a) A person may not harvest or attempt to
				harvest a dolphin from Florida Waters with gear or methods that are not
				expressly permitted in subsection (1).
(b) A person may not use longline gear to
				harvest or attempt to harvest a dolphin from Florida
				Waters.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.007 - Prohibited Sale; Vessel for Hire Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) The captain of a Vessel for Hire may sell
				a dolphin that was harvested aboard a charter vessel pursuant to subsection
				68B-41.004(1),
				F.A.C., if the captain is properly licensed (by both state and federal
				authorities) to harvest dolphin for commercial purposes.
(2) Dolphin harvested from Bahamian waters
				and transited to Florida pursuant to the requirements specified in paragraph
				68B-41.003(3)(a),
				F.A.C., may not be sold or purchased.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 9-13-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-41 - DOLPHIN › Section 68B-41.009 - License Requirements for Commercial Harvest

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest a dolphin for commercial purposes
				  from the Atlantic Ocean, unless they possess a valid federal commercial permit
				  issued pursuant to 50 C.F.R.
				  622.4(a)(2)(xii) in addition
				  to a valid Saltwater Products License with a Restricted Species Endorsement
				  issued pursuant to Section
				  379.361(2)(b),
				  F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.001 - Purpose and Intent; Designation of Restricted Species; Definition of "Marine Life Species"

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The purpose and intent of this chapter
				are to protect and conserve Florida's tropical marine life resources and assure
				the continuing health and abundance of these species. The further intent of
				this chapter is to assure that harvesters in this fishery use nonlethal methods
				of harvest and that the fish, invertebrates, and plants so harvested be
				maintained alive for the maximum possible conservation and economic
				benefits.
(b) It is the express
				intent of the Fish and Wildlife Conservation Commission that landing of live
				rock propagated through aquaculture will be allowed pursuant to the provisions
				of this chapter.
(c) The Commission
				may issue Special Activity Licenses pursuant to Chapter 68B-8, F.A.C., to
				authorize activities that are otherwise prohibited by this
				chapter.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.003 - Prohibition of Harvest: Longspine Urchin, Bahama Starfish

Current through Reg. 50, No. 138; July 16, 2024
No person shall harvest or possess within or without the
				  waters of the state, or land any of the following species:
(1) Longspine urchin,
Diadema
				antillarum.
(2) Bahama
				starfish,
Oreaster reticulatus.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-91, Amended 7-1-92, Formerly 46-42.003, Amended
					 10-31-11.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.0035 - Live Landing and Live Well Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person harvesting any tropical
				ornamental marine life species or any tropical ornamental marine plant within
				or without state waters shall land such marine organism alive.
(2) Each person harvesting any tropical
				ornamental marine life species or any tropical ornamental marine plant within
				or without state waters shall have aboard the vessel being used for such
				harvest a continuously circulating live well or aeration or oxygenation system
				of adequate size and capacity to maintain such harvested marine organisms in a
				healthy condition.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-92, Formerly 46-42.0035, Amended
					 10-31-11.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.0036 - Closed Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				harvest any tropical ornamental marine life species or any tropical ornamental
				marine plant within Biscayne National Park, unless such person possesses a
				valid collecting permit issued by the superintendent of the park.
(2) For purposes of this rule, the term
				"Biscayne National Park" shall mean all waters lying within the boundaries of
				the park as described in subsection
				68B-28.004(2),
				F.A.C.
(3) Except as provided in
				paragraphs (b) and (c), a person may not harvest or possess any tropical
				ornamental marine life species or any tropical ornamental marine plant within
				the Blue Heron Bridge Special Marine Life Area.
(a) For the purposes of this subsection,
				"Blue Heron Bridge Special Marine Life Area" means Phil Foster County Park in
				Palm Beach County and all waters lying within the following geographical
				boundary:
Point
Latitude
Longitude
1
26°46.917'N
80°2.713'W
2
26°46.917'N
80°2.388'W
3
26°47.161'N
80°2.382'W
4
26°47.161'N
80°2.713'W
(b)
				Tropical ornamental marine life species and tropical ornamental marine plants
				lawfully harvested outside the Blue Heron Bridge Special Marine Life Area may
				be transported directly through the Blue Heron Bridge Special Marine Life Area
				aboard a motorized vessel, provided that the vessel is in continuous and direct
				transit through the described area.
(c) Tropical ornamental marine life species
				and tropical ornamental marine plants lawfully harvested outside of the Blue
				Heron Bridge Special Marine Life Area may be landed within the described area
				only by motorized vessel at the public boat ramp or public docks located at
				Phil Foster County Park or at a private residence within the described area.
				Any tropical ornamental marine life species or tropical ornamental marine plant
				possessed within Phil Foster County Park pursuant to this paragraph must be
				maintained alive in a continuously circulating live well or aeration or
				oxygenation system of adequate size and capacity to maintain such harvested
				marine organisms in a healthy condition.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.004 - Size Limits

Current through Reg. 50, No. 138; July 16, 2024
(1) The regulations in
				this section apply in all state waters and, in absence of any regulations for
				the species in federal waters, apply in adjacent federal Exclusive Economic
				Zone (EEZ) waters.
(2) Angelfishes:
(a) No person shall harvest, possess, or land
				any of the following species of angelfish (Family Pomacanthidae), of total
				length outside of the limits specified below:
1. A minimum of one-and-one-half (1 1/2)
				inches and a maximum of eight (8) inches for any species (including hybrids) of
				the Genus
Pomacanthus.
2. A minimum of one-and-three-quarters (1
				3/4) inches and a maximum of eight (8) inches for species (including hybrids)
				of the Genus
Holacanthus
, except for the species rock beauty
				(
Holacanthus tricolor
).
3. A minimum of two (2) inches and a maximum
				of five (5) inches for rock beauty (
Holacanthus
				tricolor
).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.005 - Recreational Bag Limit

Current through Reg. 50, No. 138; July 16, 2024
(1) The regulations
				in this section apply in all state waters and, in absence of any regulations
				for the species in federal waters, apply in adjacent federal Exclusive Economic
				Zone (EEZ) waters.
(2) Except as
				provided in Rule 68B-42.006, F.A.C., or
				subsection (3) or (4), of this rule, no person shall harvest, possess, or land
				more than 20 individuals per day of tropical ornamental marine life species. No
				more than 5 of any one species, as defined in subsection
				68B-42.001(2) and
				(3), F.A.C., can be harvested within the 20
				organism bag limit. No person shall possess more than 40 total marine life
				organisms anywhere at any time.
(3)
				Except as provided in Rule
				68B-42.006, F.A.C., no person
				shall harvest, possess, or land more than one (1) gallon per day of tropical
				ornamental marine plants, in any combination of species. No person shall
				harvest or possess more than 2 gallons of tropical ornamental plants anywhere
				at any time.
(4) Except as provided
				in Rule 68B-42.006, F.A.C., no person
				shall harvest, possess, or land more than 5 angelfishes (Family Pomacanthidae)
				per day. Each angelfish shall be counted for purposes of the 20 individual bag
				limit specified in subsection (1), of this rule.
(5)
(a)
				Except as provided in Rule
				68B-42.006, F.A.C., unless the
				season is closed pursuant to paragraph (b), no person shall harvest, possess,
				or land more than 6 colonies per day of octocorals. Each colony of octocorals
				or part thereof shall be considered an individual of the species for purposes
				of subsection (2), of this rule, and shall be counted for purposes of the 20
				individual bag limit specified therein. Each person harvesting any octocoral as
				authorized by this rule may also harvest substrate within 1 inch of the
				perimeter of the holdfast at the base of the octocoral, provided that such
				substrate remains attached to the octocoral.
(b) If the octocoral quota established in
				Rule 68B-42.006, F.A.C., is projected
				to be met prior to September 30 of any year, the season for harvest of
				octocorals shall close until the following October 1, upon notice given by the
				Executive Director of the Fish and Wildlife Conservation Commission, in the
				manner provided in Section
				120.81(5),
				F.S.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.0065 - Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Beginning in the 2005/2006 license year,
				in addition to a valid saltwater products license with a valid restricted
				species endorsement, a marine life tiered endorsement is required to harvest
				marine life species within or without state waters in quantities greater than
				the recreational bag limit or to sell marine life species as defined by Rule
				68B-42.001, F.A.C.
(b) A marine life endorsement is not required
				to harvest live rock from a certified state aquaculture lease or federally
				permitted aquaculture site.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.007 - Gear Specifications and Prohibited Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) The following types of gear shall be the
				only types allowed for the harvest of any tropical fish, whether from state
				waters or from federal Exclusive Economic Zone (EEZ) waters adjacent to state
				waters:
(a) Hand held net.
(b) Barrier net, with a total length not
				exceeding 60 feet, a depth not exceeding 8 feet at any point along the net, and
				a mesh size not exceeding 3/4 inch stretched mesh.
(c) Drop net, with a maximum dimension not
				exceeding 12 feet and a mesh size not exceeding 3/4 inch stretched
				mesh.
(d) Slurp gun.
(e) Quinaldine may be used for the harvest of
				tropical fish if the person using the chemical or possessing the chemical in or
				on the waters of the state meets each of the following conditions:
1. The person or corporation must hold a
				valid MLD or MLN endorsement.
2.
				The person also possesses and maintains aboard any vessel used in the harvest
				of tropical fish with quinaldine a special activity license authorizing the use
				of quinaldine, issued by the Fish and Wildlife Conservation Commission pursuant
				to Section 379.2421(6),
				F.S.
3. The quinaldine possessed or
				applied while in or on the waters of the state is in a diluted form of no more
				than 2% concentration in solution with seawater. Prior to dilution in seawater,
				quinaldine shall only be mixed with isopropyl alcohol or
				ethanol.
(f) A roller
				frame trawl operated by a person possessing a valid live bait shrimping license
				issued by the Fish and Wildlife Conservation Commission pursuant to Rule
				68B-31.008, F.A.C. and Section
				379.361, F.S., if such tropical
				fish are taken as an incidental bycatch of shrimp lawfully harvested with such
				trawl.
(g) A trawl meeting the
				following specifications used to collect live specimens of the dwarf seahorse,
Hippocampus zosterae
, if towed by a vessel no greater than 15
				feet in length at no greater than idle speed:
1. The trawl opening shall be no larger than
				12 inches by 48 inches.
2. The
				trawl shall weigh no more than 5 pounds wet when weighed out of the
				water.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.008 - Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				shall harvest or possess for sale any live rock in or from state waters or land
				any live rock harvested in or from state waters, except as may be provided in
				subsection (3).
(2) No person shall
				sell, within the State of Florida, any live rock harvested in or from federal
				Exclusive Economic Zone (EEZ) waters adjacent to state waters unless such
				person possesses an Aquaculture Certificate issued by the Florida Department of
				Agriculture and Consumer Services pursuant to Chapter 597, F.S., and a federal
				Live Rock Aquaculture Permit issued by the National Marine Fisheries Service
				under 50 C.F.R. Part 638.
(3)
				Subsection (1) shall not apply to:
(a) Any
				person possessing an Aquaculture Certificate issued by the Florida Department
				of Agriculture and Consumer Services pursuant to Chapter 597, F.S., harvesting
				and landing live rock cultured on state submerged lands leased from the State
				of Florida. Rock used for such culture shall be of a readily distinguishable
				geologic character from rock native to the area or be securely marked or tagged
				so as to differentiate the cultured rock from naturally occurring live rock.
				The rock shall be placed on leased submerged lands by the lease-holder or a
				person possessing written authorization from the lease-holder.
(b) Any person lawfully harvesting substrate
				as part of the harvest of octocorals or ornamental sponges pursuant to
				subsection 68B-42.005(5),
				paragraph 68B-42.006(3)(f),
				subsection 68B-42.005(7),
				or paragraph 68B-42.006(3)(n),
				F.A.C.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-43 - BLUEFISH › Section 68B-43.001 - Purpose and Intent; Designation as a Restricted Species

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose and intent of this chapter
				are to protect and conserve Florida's bluefish resources and assure the
				continuing health and abundance of the species. It is also the intent of the
				Commission to manage bluefish in such a manner as to permit an equitable
				statewide commercial harvest of the species.
(2) Bluefish are hereby designated as a
				restricted species pursuant to Section
				379.101(32),
				F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter
					 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of
					 Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla.
New 7-1-93, Formerly 46-43.001, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-43 - BLUEFISH › Section 68B-43.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Bluefish" means any fish of the species
Pomatomus saltatrix
, or any part thereof.
(2) "Atlantic Region" means all Florida
				Waters of the Atlantic Ocean north and east of the Miami-Dade/Monroe county
				line at Card Sound.
(3) "Gulf
				Region" means all Florida Waters except those included in the Atlantic Region,
				and adjacent federal waters. The Gulf Region does not include federal waters
				adjacent to the Atlantic Region.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 6-17-93, Formerly 46-43.002, Amended 9-1-13,
					 10-26-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-43 - BLUEFISH › Section 68B-43.003 - Size Limit; Landed in Whole Condition Requirement

Current through Reg. 50, No. 138; July 16, 2024
(1) Size Limit -
(a) Altantic Region - A person may not
				harvest or land from the Atlantic Region, or possess in or on the Atlantic
				Region, a bluefish that is less than 12 inches in fork length.
(b) Gulf Region - A person may not harvest or
				possess within or without waters of the Gulf Region or land a bluefish that is
				less than 12 inches in fork length.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-43 - BLUEFISH › Section 68B-43.004 - Bag and Vessel Limits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Bag Limit -
(a) Atlantic Region -
				A recreational harvester may not harvest or land from the Atlantic Region more
				than 3 bluefish per day. A recreational harvester may not possess in or on the
				Atlantic Region more than 3 bluefish.
(b) Gulf Region - A recreational harvester
				may not harvest or possess from the Gulf Region or land more than 10 bluefish
				per day.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-43 - BLUEFISH › Section 68B-43.005 - Commercial Season

Current through Reg. 50, No. 138; July 16, 2024
Commercial harvest for bluefish is permitted between January
				  1 and December 31 each year unless closed earlier as follows:
(1) If the total commercial harvest of
				bluefish from the Atlantic Region is projected to reach the annual quota
				provided to Florida by the Mid-Atlantic Fisheries Management Council and NOAA
				Fisheries pursuant to 50 C.F.R. §648.162 (2/13), the season for commercial
				harvest of bluefish in such waters shall be closed by the Executive Director of
				the Fish and Wildlife Conservation Commission upon notice and in the manner
				provided in Section 120.81(5), F.S.
				If the season is closed pursuant to this paragraph, it shall not reopen until
				the following January 1.
(2) During
				any season closure pursuant to subsection (1), no person shall purchase or sell
				any bluefish harvested during the closure from the Atlantic
				Region.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 6-17-93, Amended 10-4-95, Formerly 46-43.005, Amended
					 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Finned" means one or more fins,
				including the caudal fin (tail), are no longer naturally attached to the body
				of the shark. A shark with fins naturally attached, either wholly or partially,
				is not considered finned.
(2)
				"Shark" means any species of the orders Carcharhiniformes, Lamniformes,
				Hexanchiformes, Orectolobiformes, Pristiophoriformes, Squaliformes,
				Squatiniformes, including but not limited to any of the following species or
				any part thereof:
(a) Large coastal species:
1. Blacktip shark - (
Carcharhinus
				limbatus).
2. Bull shark -
				(
Carcharhinus leucas).
3. Nurse shark - (
Ginglymostoma
				cirratum).
4. Spinner
				shark - (
Carcharhinus brevipinna).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.003 - Size Limit; Landing in Whole Condition Requirement

Current through Reg. 50, No. 138; July 16, 2024
(1) Size Limits -
(a) Shortfin mako -
1. A recreational harvester may not harvest
				or land from Florida Waters a shortfin mako that is less than 83 inches fork
				length. Except as provided in subparagraph (1)(a)2., a recreational harvester
				may not possess in or on Florida Waters a shortfin mako that is less than 83
				inches fork length.
2. The
				possession limit established in subparagraph (1)(a)1. will not apply to
				shortfin mako lawfully harvested in federal waters by recreational harvesters
				when such sharks are transported directly through Florida Waters with gear
				appropriately stowed. Transit shall be direct and continuous from the place
				where lawful harvest occurred to the place where the vessel is regularly
				docked, moored, or otherwise stored.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.004 - Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Bag and Vessel Limit -
(a) A recreational harvester may not harvest
				or land from Florida Waters more than one shark per day. A recreational
				harvester may not possess in or on Florida Waters more than one
				shark.
(b) Two or more recreational
				harvesters aboard a vessel in or on Florida Waters may not collectively possess
				or land more than two sharks, regardless of the number of persons aboard. This
				provision will not be construed to authorize harvest or possession of sharks in
				excess of the bag limit.
(c)
				Shortfin mako bag and vessel limits. Consistent with Federal Standards for
				adjacent federal waters, at the start of each calendar year, the default
				shortfin mako bag limit of zero sharks will apply (consistent with requirements
				established in 50 C.F.R.
				635.22(c)(8) as of October
				13, 2022). If at any time the recreational retention limit for shortfin mako in
				adjacent federal waters is adjusted, the Commission shall give notice of
				changes to shortfin mako bag and vessel limits in or on all Florida Waters
				electronically, pursuant to Section
				120.81(5),
				F.S., at:
www.myfwc.com/fishing/saltwater/recreational/sharks/
.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.005 - Commercial Closures

Current through Reg. 50, No. 138; July 16, 2024
(1) If at any time
				the harvest of any species of shark for commercial purposes in adjacent federal
				waters is closed, adjacent Florida Waters will be closed to commercial harvest
				of the species affected by the federal closure, from the date of such closure
				until federal waters are reopened to the commercial harvest of such
				species.
(2) If at any time the
				harvest of any species of shark is closed in state waters of the Atlantic Ocean
				for commercial purposes by the Atlantic States Marine Fisheries Commission,
				Florida Waters of the Atlantic Ocean from the Florida-Georgia border to the
				border between Miami-Dade and Monroe counties will be closed from the date of
				such closure until the Atlantic States Marine Fisheries Commission reopens the
				fishery to commercial harvest. For the purposes of this section the border
				between Miami-Dade and Monroe counties is defined as a line beginning on the
				east coast of Florida at the mainland at 25°20.400' North Latitude,
				proceeding due east.
(3) During any
				period when Florida Waters are closed pursuant to subsection (1) or (2), a
				commercial harvester may not harvest, possess in or on Florida Waters, or land,
				within the closure area, any species to which the closure applies, regardless
				of where harvested.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 4-8-92, Amended 2-14-94, Formerly 46-44.005, Amended
					 10-15-07, 1-19-10, 7-1-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.006 - Allowed Gear; Prohibited Gear and Methods of Harvest; Required Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) A person may harvest or attempt to
				harvest a shark from Florida Waters only by or with the use of hook-and-line
				gear.
(2) The harvest of any shark
				from Florida Waters by or with the use of any multiple hook in conjunction with
				live or dead natural bait is prohibited. Snagging (snatch hooking) of a shark
				in or from Florida Waters is prohibited.
(3) Required gear -
(a) Non-stainless-steel circle hooks. A
				person targeting or harvesting sharks from Florida Waters must use
				non-stainless-steel circle hooks when fishing with live or dead natural bait.
				"Circle hook" means a fishing hook designed and manufactured so that the point
				is not offset and is turned perpendicularly back to the shank to form a general
				circular or oval shape.
(b) Cutting
				devices. A person targeting or harvesting sharks from Florida Waters must have
				in his or her possession at least one device capable of quickly cutting either
				the leader or the hook used. A person catching but not retaining a shark must
				quickly remove the hook or use such cutting device to quickly remove as much
				tackle and fishing gear as possible in order to release the shark immediately
				without unnecessary harm.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.007 - Sale and Purchase Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				commercial harvester may only sell a shark, or any part thereof, to a holder of
				a valid federal Atlantic shark dealer permit issued pursuant to 50 C.F.R.
				§635.4, as of January 1, 2019.
(2) No wholesale dealer, as defined in
				section 379.362(1),
				F.S., may purchase a shark, or any part thereof, unless such dealer is in
				possession of a valid federal Atlantic shark dealer permit. No wholesale dealer
				may purchase a shark, or any part thereof, without confirming that the seller
				possesses a valid Florida saltwater products license and any applicable federal
				permit or authorization required in subsection
				68B-44.009(1),
				F.A.C. This subsection applies only when a shark, or any part thereof is sold,
				exchanged, bartered, distributed, or landed for the first time.
(3) During any period when Florida Waters are
				closed pursuant to rule
				68B-44.005, F.A.C., the purchase
				or sale of any shark to which the closure applies is prohibited. These
				prohibitions shall not apply to sale of sharks that were harvested, landed, and
				purchased or sold prior to the closure, or sale of sharks that were harvested
				outside of the closure area during the closure period. The burden shall be upon
				any person possessing such sharks to establish the chain of possession from the
				initial transaction after harvest by appropriate receipt(s), bill(s) of sale,
				or bill(s) of lading. Failure to maintain such documentation or failure to
				promptly produce such documentation at the request of any duly authorized law
				enforcement officer shall constitute a violation of this rule.
(4) No person may purchase or sell a
				prohibited species specified in subsection
				68B-44.004(3),
				F.A.C., or any part thereof, unless possession and landing is authorized
				pursuant to subsection
				68B-44.004(4),
				F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-19-10, Amended 7-1-19,
					 1-1-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.008 - Open and Closed Areas

Current through Reg. 50, No. 138; July 16, 2024
This rule is held for future open and closed
				  areas.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 4-8-92, Amended 1-1-98, Formerly 46-44.008, Amended
					 7-1-03, 3-9-06, 1-19-10, 3-21-10, 1-1-12,
					 7-1-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-44 - SHARKS AND RAYS › Section 68B-44.009 - License Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				commercial harvester may not harvest from Florida Waters, possess, or land a
				shark or sell a shark, unless such person possesses both a valid saltwater
				products license, and any applicable federal permit for sharks required by 50
				C.F.R. §635.4 (as of January 1, 2019) or written authorization from the
				National Marine Fisheries Service pursuant to 50 C.F.R. §635.32 (as of
				January 1, 2019).
(2) No wholesale
				dealer, as defined in section
				379.362(1),
				F.S., may purchase a shark, or any part thereof, unless such dealer is in
				possession of a valid federal Atlantic shark dealer permit. No wholesale dealer
				may purchase a shark, or any part thereof, without confirming that the seller
				possesses a valid Florida saltwater products license and any applicable federal
				permit or authorization required in subsection (1). This subsection applies
				only when a shark, or any part thereof, is sold for the first time.
(3) Shore-based shark fishing.
(a) Shore-based shark fishing permit - A
				person may not participate in shore-based shark fishing unless such person has
				been issued and is in possession of a valid Commission-issued shore-based shark
				fishing permit. A person who is under 16 years of age is exempt from the
				shore-based shark fishing permit requirement.
1. A person may not be issued a shore-based
				shark fishing permit unless such person has first successfully completed within
				the previous 12 months a Commission-approved shore-based shark fishing
				education course as provided in paragraph (3)(c).
2. Shore-based shark fishing permits shall be
				valid for 12 months from the date of issue.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-45 - BLUE CRAB › Section 68B-45.001 - Purpose and Intent; Repeal of Statutory Provisions; Designation as Restricted Species

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				and intent of this chapter is to protect and conserve Florida's blue crab
				resources and assure the continuing health and abundance of the
				species.
(2) It is the intent of
				this chapter to expressly effect the repeal of and replace the second distinct
				sentence of subsection (1) of Section
				370.135, F.S. (1993).
(3) It is the intent of this chapter to
				repeal and replace Chapter 63-1217, Laws of Florida (1963), a rule of the
				Department of Natural Resources pursuant to subsection (5) of section 2 of
				Chapter 83-134, as amended by 84-121, Laws of Florida. This Special Act,
				applicable to Citrus County, establishes a minimum size for blue crabs
				harvested in the county. The Marine Fisheries Commission has determined that
				repeal of Chapter 63-1217, Laws of Florida (1963), a Citrus County Special Act,
				will not adversely affect the marine resources of Citrus County or of the State
				of Florida.
(4) Chapter 63-1217,
				Laws of Florida (1963), a rule of the Department of Natural Resources pursuant
				to subsection (5) of section 2 of Chapter 83-134, as amended by 84-121, Laws of
				Florida, is hereby repealed.
(5)
				Blue crabs are designated as a restricted species pursuant to Section
				379.101(32),
				F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter
					 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of
					 Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of
					 Fla.
New 12-14-93, Amended 6-1-94, 10-4-95, Formerly 46-45.001,
					 Amended 6-1-99.