reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-55 - TRAP RETRIEVAL AND TRAP DEBRIS REMOVAL › Section 68B-55.004 - Retrieval of Derelict Traps and Traps Located in Areas Permanently Closed to Trapping

Current through Reg. 50, No. 138; July 16, 2024
(1) During the
				closed season for the harvest of any species for which traps are allowable
				gear, and after any authorized trap retrieval period together with any
				extensions, traps are considered to be derelict and may be retrieved as part of
				coastal cleanup events conducted by local, state, or federal government
				entities, nonprofit nongovernmental organizations, fishery participant
				organizations, or other community or citizens groups. Except as provided in
				subsection (3), such events shall only be undertaken with prior authorization
				from the Commission, to assure that such removal is adequately supervised but
				without the mandatory reporting required in Rule
				68B-55.003, F.A.C.
(2) During the open season for harvest of any
				species for which traps are allowable gear, retrieval of derelict traps may
				occur at any time deemed appropriate by the Commission. Commission employees,
				local, state, or federal personnel, or members of a fishery participant
				organization may retrieve derelict traps. Except as provided in subsection (3),
				retrieval other than by Commission personnel shall only be pursuant to a
				Commission approved plan. The plan shall include the operational area and time
				period proposed, authorized personnel, the number of vessels, methods of
				disposition, and number and qualifications of supervisory personnel. An
				approved plan shall also include notification of the Commission's Division of
				Law Enforcement no less than 24 hours prior to commencement of retrieval under
				this program with final float plan information including contact information,
				vessel registration numbers, trip times, and number of days.
(3) Local, state, or federal government
				personnel may retrieve traps located in areas that are permanently closed to
				trapping without prior authorization from the Commission.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-03, Amended
					 10-15-07.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-55 - TRAP RETRIEVAL AND TRAP DEBRIS REMOVAL › Section 68B-55.005 - Recovery of Traps in Area of Major Natural Disaster

Current through Reg. 50, No. 138; July 16, 2024
(1) In the event of an executive order issued
				by the Governor of the State of Florida declaring an emergency resulting from a
				major natural disaster such as a hurricane, tropical storm, or similar weather
				occurance, upon a finding that the disaster has caused massive trap losses in
				any fishery regulated by the Commission, the Executive Director of the Fish and
				Wildlife Conservation Commission will issue an order declaring a trap emergency
				in the affected area or in a specified part thereof. Such order shall serve to
				activate the following provisions of this rule.
(2) The trap emergency will be in the area
				and during the period specified in the activation order.
(3) Each harvester in the affected trap
				fishery may designate persons authorized to recover and possess traps of the
				harvester. Such designation shall be on an Emergency Trap Recovery Designation
				Affidavit (FWC Form DMF-SL5500), which form is hereby incorporated by
				reference. The original of the affidavit shall be retained by the harvester. A
				copy of the affidavit will be filed with the nearest office of the Commission's
				Division of Law Enforcement and also provided to each person authorized to
				recover and possess traps of the harvester. The affidavit shall be valid from
				the date the notarized form is received by the Commission's Division of Law
				Enforcement until the end of that license year.
(4) Persons authorized to recover and possess
				traps of a harvester will be allowed to do so only in the area and during the
				period specified in the activation order. Each such person shall possess and
				maintain available for inspection a copy of the affidavit while the person is
				engaged in recovering or possessing the harvester's traps.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-15-07.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-56 - BALLYHOO › Section 68B-56.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this chapter, except where the context
				  requires otherwise:
(1) "Ballyhoo",
				also commonly known as halfbeaks, means any fish of the genera
Hemiramphus
or
Hyporhamphus
, or any part
				thereof.
(2) "Harvest for
				commercial purposes" means the taking or harvesting of fish for purposes of
				sale or with intent to sell.
(3)
				"Immediate family" refers to an endorsement holder's mother, father, sister,
				brother, spouse, son, daughter, step-father, step-mother, step-son,
				step-daughter, half-sister, or half-brother.
(4) "Lampara net" means a modified purse
				seine that has a section constituting a bag, with rings through which a draw
				rope is used to close the bag.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 5-1-03.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-56 - BALLYHOO › Section 68B-56.002 - Commercial Licensing Requirements; Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1) Beginning September 1, 2003, no person
				shall engage in the directed harvest of ballyhoo for commercial purposes with a
				lampara net unless such person possesses a valid saltwater products license
				with both a purse seine endorsement and a lampara net endorsement.
(2) Application for issuance of a lampara net
				endorsement shall be made on a form provided by the Commission (Form DMF-SL4000
				(5-03), incorporated herein by reference). Persons shall be issued a lampara
				net endorsement on their saltwater products license based on the following
				criteria:
(a) The applicant must possess a
				saltwater products license (SPL) with a purse seine endorsement during the
				2002-2003 license year.
(b) The
				applicant must have documented landings of at least 10, 000 pounds of ballyhoo
				or 55, 000 individual ballyhoo, pursuant to Commission trip ticket records
				generated under the provisions of Rule Chapter 68E-5, F.A.C., during any one
				license year between July 1, 2000, and June 30, 2002, or during the period
				between July 1, 2002, and November 21, 2002. Only trip tickets received by the
				Commission by January 31, 2003, shall be considered for qualification for a
				lampara net endorsement pursuant to this paragraph.
(c) An applicant who possesses both an
				individual SPL and a vessel SPL shall be considered to have only one SPL for
				the purpose of issuing a lampara net endorsement. Landings reported on both the
				applicant's individual SPL and vessel SPL shall be combined for determining if
				the applicant meets the criteria for receiving a lampara net endorsement
				specified in paragraph (b).
(d) In
				lieu of the requirements specified in paragraph (b), a person who has purchased
				another ballyhoo fisher's vessel between July 1, 2001, and May 1, 2003, shall
				receive a lampara net endorsement, provided that the seller's entire ballyhoo
				landing history was specifically part of the sale-purchase agreement and the
				seller's landings are sufficient to meet the criteria in paragraph (b).
				Additional proof of purchased ballyhoo landings history is a copy of a contract
				or bill of sale specifically identifying the seller's ballyhoo landings history
				as one of the items included in the sale of the vessel, or a letter from the
				seller to the Commission describing what specifically was included in the sale
				of the vessel.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-56 - BALLYHOO › Section 68B-56.003 - Allowable Commercial Harvesting Gear

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided for in subsection (2),
				the harvest or attempted harvest of ballyhoo for commercial purposes with any
				gear or method other than the following is prohibited:
(a) Lampara net.
(b) Cast net meeting the requirements of
				subsection 68B-4.0081(3),
				F.A.C.
(c) Hook and line
				gear.
(d) Landing or dip
				net.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-56 - BALLYHOO › Section 68B-56.004 - Commercial Season; Season Closure; Daily Harvest and Possession Limits

Current through Reg. 50, No. 138; July 16, 2024
(1) Commercial Season - The season for
				harvest of ballyhoo for commercial purposes with a lampara net, within or
				without the waters of the State of Florida, shall begin on September 1 of each
				year and continue through July 31 of the following year. During the period
				beginning August 1 and continuing through August 31 of each year, no person
				shall harvest ballyhoo in or from state waters or adjacent federal Economic
				Exclusive Zone (EEZ) waters with a lampara net.
(2) Commercial Vessel Limits.
(a) A person possessing a valid saltwater
				products license with a lampara net endorsement shall harvest and land no more
				than 10 boxes of ballyhoo per vessel per day, and no more than one trip may be
				conducted during a single day. The possession of more than 10 boxes of ballyhoo
				aboard any such vessel is prohibited. All boxes used to store ballyhoo aboard a
				vessel shall have a lid, a base, and four sides that are rectangular or square
				in dimension, and each box shall be no larger in dimension than 4.25 feet, by 2
				feet, by 2 feet, or the volume equivalent (17
				feet3).
(b) Except as provided for in paragraph (c),
				a person possessing a valid saltwater products license without a lampara net
				endorsement shall not harvest or sell more than 5 gallons of ballyhoo per day
				or possess more than 5 gallons of ballyhoo aboard any vessel.
(c) Incidental Take - A person possessing a
				valid saltwater products license with a purse seine endorsement may harvest, as
				an incidental bycatch in a purse seine or lampara net, while fishing for other
				species, and sell, no more than 10 gallons of ballyhoo per day and no more than
				10 gallons of ballyhoo shall be possessed aboard such person's vessel at any
				time.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-57 - WAHOO › Section 68B-57.001 - Designation as a Restricted Species

Current through Reg. 50, No. 138; July 16, 2024
Wahoo is hereby designated as a 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-57 - WAHOO › Section 68B-57.002 - 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) "Wahoo" means a fish of the species
Acanthocybium solandri
, or any part
				thereof.
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-57 - WAHOO › Section 68B-57.003 - Landed in Whole Condition Requirement and Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Landed in Whole Condition Requirement -
				Except as provided elsewhere in this rule, a person harvesting wahoo shall land
				each wahoo in whole condition. A person may not possess in or on Florida Waters
				a wahoo that has been beheaded, sliced, divided, filleted, ground, skinned,
				scaled, or deboned. This provision will not be construed to prohibit
				evisceration (gutting) of a wahoo, or removal of gills from a wahoo.
(2) Landed in Whole Condition Exception -
				Recreational anglers that lawfully harvest wahoo in waters of the Commonwealth
				of the Bahamas are exempt from the requirement to land wahoo in whole condition
				under the following conditions:
(a) Skin must
				remain intact on the entire fillet of any wahoo carcass.
(b) A person or vessel that lawfully harvests
				wahoo in Bahamian waters and transits through Florida waters must comply with
				the bag and posession limits specified in 50 C.F.R. §622.277 (as of
				January 27, 2016). Two fillets of wahoo, regardless of the length of each
				fillet, is equivalent to one fish.
(c) Valid Bahamian fishing and cruising
				permits are on board the vessel.
(d) Each person on the vessel has a valid
				government passport with current stamps and dates from the Commonwealth of the
				Bahamas.
(e) 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-57 - WAHOO › Section 68B-57.004 - Bag and Vessel Limits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Limits -
Bag Limit - A recreational harvester may not harvest or land
				  per day from Florida Waters or possess in or on Florida Waters more than 2
				  wahoo.
(2) Commercial Limits
				-
(a) Bag Limit - A commercial harvester may
				not harvest or land per day from Florida Waters or possess in or on Florida
				Waters more than 500 pounds of wahoo.
(b) Vessel Limit - The commercial harvesters
				aboard a vessel in or on Florida Waters may not collectively possess more than
				500 pounds of wahoo, regardless of the number of licensed persons onboard. This
				provision will not be construed to authorize harvest or possession of wahoo in
				excess of the applicable bag limits.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-57 - WAHOO › Section 68B-57.007 - Prohibited Sale

Current through Reg. 50, No. 138; July 16, 2024
Wahoo harvested from Bahamian waters and transited to Florida
				  pursuant to the requirements specified in subsection
				  68B-57.003(2),
				  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 9-13-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-57 - WAHOO › Section 68B-57.009 - License Requirements for Commercial Harvest

Current through Reg. 50, No. 138; July 16, 2024
A person may not harvest a wahoo 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) (as of
				  January 3, 2005) 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-58 - SWORDFISH › Section 68B-58.001 - Designation as a Restricted Species

Current through Reg. 50, No. 138; July 16, 2024
Swordfish 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 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 68B-58, F.A.C.:
(1) "Swordfish" means any fish of the species
Xiphias gladius
, or any part thereof.
(2) "Cleithrum to keel length" means the
				length of a fish measured along the body contour, i.e., a curved measurement,
				from the point of the cleithrum that provides the shortest possible measurement
				along the body contour to the anterior portion of the caudal keel. The
				cleithrum is the semicircular bony structure at the posterior edge of the gill
				opening.
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-58 - SWORDFISH › Section 68B-58.003 - Size Limits

Current through Reg. 50, No. 138; July 16, 2024
(1) Size Limit - A
				person may not harvest or land from Florida Waters, or possess in or on Florida
				Waters, a swordfish that is less than 47 inches in lower jaw fork length, or 25
				inches in cleithrum to keel length.
(2) A swordfish that is damaged by shark
				bites may be retained only if the remainder of the carcass is at least 47
				inches lower jaw fork length with its head naturally attached or 25 inches
				cleithrum to keel length if its head has been removed.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.004 - Bag and Vessel Limits; Exceptions for Commercial Harvest

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Limits -
(a) Except as provided in subsections (2) and
				(3), a recreational harvester may not harvest or land from Florida Waters more
				than one swordfish per day or possess in or on Florida Waters more than one
				swordfish (consistent with the Federal Standard established in 50 C.F.R.
				§635.22(f) as of September 20, 2013).
(b) Private Vessel Limit - The persons aboard
				a private vessel in or on Florida Waters may not collectively possess more than
				four swordfish, regardless of the number of licensed or license-exempt persons
				onboard. This provision will not be construed to authorize harvest or
				possession of swordfish in excess of the applicable bag limits.
(c) Vessel for Hire Limit - Possession of
				more than the daily bag limit of swordfish multiplied by the number of
				customers fishing, or 15 swordfish, whichever is less, aboard any vessel for
				hire is prohibited. This provision will not be construed to authorize harvest
				or possession of swordfish in excess of the applicable bag
				limits.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.005 - Commercial Seasons

Current through Reg. 50, No. 138; July 16, 2024
(1) If at any time
				adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial
				harvest of swordfish, corresponding state waters shall also be closed to
				commercial harvest of swordfish, beginning from the date of such closure until
				federal waters are reopened to the commercial harvest.
(2) During the period of any state waters
				closure pursuant to subsection (1), the harvest, possession, or landing for
				commercial purposes, and the purchase, sale or exchange, of swordfish, is
				prohibited. These prohibitions shall not apply to trade of swordfish that were
				harvested, offloaded, and purchased, sold, or exchanged prior to the
				closure.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.006 - Allowed and Prohibited Gear and Method of Harvest

Current through Reg. 50, No. 138; July 16, 2024
(1) The harvest or attempted harvest of any
				swordfish in or from state waters is prohibited except by use of hook and line
				gear.
(2) The landing requirements
				contained in this section shall not apply to lawful commercial harvest in
				federal waters when such harvest is transported directly through state waters
				with gear appropriately stowed. Transit shall be direct, continuous and
				expeditious from the place where lawful harvest occurred to the place where the
				vessel is regularly docked, moored, or otherwise stored or to the place of the
				licensed wholesale dealer where the catch is to be sold. For the purpose of
				this section appropriately stowed means a longline may be left on the drum if
				all gangions and hooks are disconnected and stowed below deck. Hooks cannot be
				baited. All buoys must be disconnected from the gear; however buoys may remain
				on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks,
				leaders, sinkers, flashers, or baits) must be disconnected and stowed
				separately from the fishing apparatus. Sinkers must be disconnected from the
				down rigger and stowed separately.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.007 - Requirements for Sale

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who
				harvests a swordfish within or without Florida Waters may not sell a swordfish
				unless the harvester possesses a valid saltwater products license, a valid
				restricted species endorsement, and either a valid federal Limited Access
				Permit (LAP) for swordfish, valid federal Swordfish General Commercial permit,
				or federal HMS Charter/Headboat permit (swordfish may not be harvested on a
				vessel-for-hire trip) issued pursuant to
				50 C.F.R.
				635.4(f) (as of September
				20, 2013), and presents the saltwater products license, restricted species
				endorsement, and one of these federal permits to the buyer of the
				swordfish.
(2) No wholesale dealer,
				as defined in Section
				379.362(1),
				F.S., shall purchase swordfish, or any part thereof, unless such dealer is in
				possession of a valid federal Atlantic swordfish dealer permit. No wholesale
				dealer shall purchase swordfish, or any part thereof without confirming that
				the seller possesses a valid Florida saltwater products license, valid
				restricted species endorsement, and the federal licenses and permits specified
				in subsection (1). This subsection applies only when a swordfish, or any part
				thereof is sold, exchanged, bartered, distributed, or landed for the first
				time.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-58 - SWORDFISH › Section 68B-58.011 - Reporting Requirement for Non-tournament Landings

Current through Reg. 50, No. 138; July 16, 2024
A person who harvests a swordfish from Florida Waters
				  pursuant to subsection
				  68B-58.004(1),
				  F.A.C. shall report the landing of the swordfish as required by 50 C.F.R.
				  §635.5(c)(2) (as of September 20, 2013) unless the person harvested the
				  swordfish as a participant in a fishing competition in which participants must
				  register or an award is offered for catching or landing a
				  swordfish.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 2-13-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-59 - SHEEPSHEAD › Section 68B-59.001 - Designation as Restricted Species; Applicability of Rules to State and Federal Waters

Current through Reg. 50, No. 138; July 16, 2024
(1) Sheepshead are
				hereby designated as restricted species pursuant to section
				379.101(32),
				F.S.
(2) The regulations in this
				chapter apply in all Florida Waters and in adjacent federal
				waters.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 7-1-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-59 - SHEEPSHEAD › Section 68B-59.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
"Sheepshead" means a fish of the species
Archosargus
				  probatocephalus
, or any part thereof.
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-59 - SHEEPSHEAD › Section 68B-59.003 - Size Limit; Landed in Whole Condition Requirement

Current through Reg. 50, No. 138; July 16, 2024
(1) Size Limit - A person may not harvest or
				possess within or without Florida Waters or land, a sheepshead that is less
				than 12 inches in total length.
(2)
				Landed in Whole Condition Requirement - A person harvesting sheepshead shall
				land each sheepshead in whole condition. A person may not possess within or
				without Florida Waters a sheepshead that has been beheaded, sliced, divided,
				filleted, ground, skinned, scaled, or deboned. This provision will not be
				construed to prohibit evisceration (gutting) of a sheepshead or removal of
				gills from a sheepshead.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 9-1-13, Amended
					 7-1-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-59 - SHEEPSHEAD › Section 68B-59.004 - Bag and Vessel Limits; Bycatch Allowance

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Limits -
(a) Recreational Bag Limit - A recreational
				harvester may not harvest or possess within or without Florida Waters or land
				more than 8 sheepshead per day.
(b)
				Seasonal Recreational Vessel Limit - During the months of March and April, no
				more than 50 sheepshead may be collectively possessed by recreational
				harvesters aboard a vessel within or without Florida Waters, regardless of the
				number of persons onboard. This provision will not be construed to authorize
				harvest or possession of sheepshead in excess of the applicable bag
				limits.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-59 - SHEEPSHEAD › Section 68B-59.006 - Allowed and Prohibited Gear and Methods 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 sheepshead within or without Florida
				Waters only by or with the use of beach or haul seine, cast net, hook and line
				gear, or by spearing.
(2)
				Prohibited Gear and Method of Harvest -
(a) A
				person may not harvest or attempt to harvest a sheepshead within or without
				Florida Waters with gear or methods that are not expressly permitted in
				subsection (1).
(b) A person may
				not use a multiple hook in conjunction with live or dead natural bait to
				harvest or attempt to harvest sheepshead within or without Florida
				Waters.
(c) A person may not
				harvest or attempt to harvest a sheepshead within or without Florida Waters by
				snagging the sheepshead or land a sheepshead so harvested.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-59 - SHEEPSHEAD › Section 68B-59.011 - Aquaculture Exemption

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions
				of Chapter 68B-59, F.A.C., do not apply to sheepshead artificially spawned and
				raised in a commercial aquaculture facility.
(2) A person who is in possession of or
				offering for sale a sheepshead that was artificially spawned and raised in a
				commercial aquaculture facility shall maintain and be able to produce the
				appropriate receipts, bills of sale, and bills of lading to establish the chain
				of possession of the sheepshead beginning with the initial transaction after
				harvest at the commercial aquaculture facility.
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-60 - BARRACUDA › Section 68B-60.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
"Great barracuda" means a fish of the species
Sphyraena barracuda
, or any part thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 11-1-15.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-60 - BARRACUDA › Section 68B-60.003 - Regional Size Limits

Current through Reg. 50, No. 138; July 16, 2024
Minimum and Maximum Size Limits - The following size limits
				  apply to recreational and commercial harvesters in all state and adjacent
				  federal waters of the Gulf of Mexico south of a line extended due west from the
				  Collier-Lee County Line (26°19.823'N. Latitude) and all state and adjacent
				  federal waters of the Atlantic Ocean south of a line extended due east from the
				  Martin-St. Lucie County Line (27°15.781'N. Latitude) including the waters
				  off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin
				  Counties.
(1) Except as provided in
				subsection (2), a person may not harvest or land a great barracuda from the
				above described region or possess in or on the waters of the described region a
				great barracuda that is less than 15 inches in fork length or greater than 36
				inches in fork length.
(2) A person
				may harvest and land within the above described region and possess in or on the
				waters of the described region only 1 great barracuda per day, per person or
				per vessel, whichever is less, that is greater than 36 inches in fork length.
				This provision will not be construed to authorize harvest or possession of
				great barracuda of any size in excess of the applicable bag limits described in
				Rule 68B-60.004,
				F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-17.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-60 - BARRACUDA › Section 68B-60.004 - Regional Bag and Vessel Limits

Current through Reg. 50, No. 138; July 16, 2024
The following bag and vessel limits apply in all state and
				  adjacent federal waters of the Gulf of Mexico south of a line extended due west
				  from the Collier-Lee County Line (26°19.823'N. Latitude) and all state and
				  adjacent federal waters of the Atlantic Ocean south of a line extended due east
				  from the Martin-St. Lucie County Line (27°15.781'N. Latitude) including the
				  waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin
				  Counties.
(1) Recreational Limits -
(a) Recreational Bag Limit - A recreational
				harvester may not harvest, possess, or land more than two great barracuda per
				day within the above described region.
(b) Recreational Vessel Limit - The
				recreational harvesters aboard a vessel may not collectively harvest, possess,
				or land more than six great barracuda per day within the above described
				region, regardless of the number of persons onboard.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-61 - BLUE RUNNER › Section 68B-61.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
"Blue runner" means a fish of the species
Caranx
				  crysos
, or any part thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-3-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-61 - BLUE RUNNER › Section 68B-61.004 - Bag Limits

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Bag
				Limits - A recreational harvester may not harvest within or without Florida
				Waters or land more than 100 blue runner per day or possess within or without
				Florida Waters more than 100 blue runner.
(2) Commercial Limits - A commercial
				harvester is not subject to a harvest or possession limit for blue
				runner.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-3-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-61 - BLUE RUNNER › Section 68B-61.009 - License Requirements

Current through Reg. 50, No. 138; July 16, 2024
No person shall harvest within or without Florida Waters or
				  land more than 100 blue runner per day, possess within or without Florida
				  Waters more than 100 blue runner, or harvest blue runner for commercial
				  purposes unless such person possesses a valid saltwater products
				  license.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-3-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-62 - BLACKFIN TUNA › Section 68B-62.001 - Applicability of Rules to State and Federal Waters

Current through Reg. 50, No. 138; July 16, 2024
The regulations in this chapter apply in all Florida Waters
				  and in adjacent federal waters.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-62 - BLACKFIN TUNA › Section 68B-62.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
"Blackfin tuna" means a fish of the species
Thunnus
				  atlanticus
, or any part thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-62 - BLACKFIN TUNA › Section 68B-62.004 - Recreational Vessel and Bag Limits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Bag Limit - Except when harvesting pursuant to the 10-fish vessel
				limit provided in subsection (2) below, a recreational harvester harvesting
				blackfin tuna may not harvest or possess within or without Florida Waters or
				land more than 2 blackfin tuna per day.
(2) Recreational Vessel Limit - A
				recreational harvester or harvesters aboard a vessel harvesting blackfin tuna
				may not collectively harvest or possess within or without Florida Waters or
				land more than 10 blackfin tuna per day or 2 per harvester per day, whichever
				is greater.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 1-1-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-63 - SPOT › Section 68B-63.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "East Coast Region" means all Florida
				Waters along the east coast north of the Miami-Dade/Monroe County line at Card
				Sound.
(2) "Spot" means a fish of
				the species
Leiostomus xanthurus
, or any part
				thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-1-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-63 - SPOT › Section 68B-63.004 - Bag and Vessel Limits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Bag Limit - A recreational harvester may not harvest or land from
				the East Coast Region more than 50 spot per day, or possess in or on waters of
				the East Coast Region more than 50 spot.
(2) Commercial Vessel Limit - Commercial
				harvesters aboard a vessel in or on the East Coast Region may not collectively
				harvest or possess more than 2, 200 pounds of spot per day, or land within the
				East Coast Region more than 2, 200 pounds of spot per day.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-1-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-64 - ATLANTIC CROAKER › Section 68B-64.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "East Coast Region" means all Florida
				Waters along the east coast north of the Miami-Dade/Monroe County line at Card
				Sound.
(2) "Atlantic croaker" means
				a fish of the species
Micropogonias undulatus
, or any part
				thereof.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-1-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-64 - ATLANTIC CROAKER › Section 68B-64.004 - Bag and Vessel Limits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recreational Bag Limit - A recreational harvester may not harvest or land from
				the East Coast Region more than 50 Atlantic croaker per day, or possess in or
				on waters of the East Coast Region more than 50 Atlantic croaker.
(2) Commercial Vessel Limit - Commercial
				harvesters aboard a vessel in or on the East Coast Region may not collectively
				harvest or possess more than 1, 200 pounds of Atlantic croaker per day, or land
				within the East Coast Region more than 1, 200 pounds of Atlantic croaker per
				day.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 12-1-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.001 - Scope and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				chapter implements Section
				379.2431(2),
				F.S., (the Florida Manatee Sanctuary Act) by establishing restrictions to
				protect manatees from harmful collisions with motorboats and from harassment;
				to protect manatee habitat, such as seagrass beds, from destruction by boats or
				other human activity; and to provide limited safe havens where manatees can
				rest, feed, reproduce, give birth or nurse undisturbed by human activity. The
				Commission shall only regulate motorboat speed and operation in areas where
				manatees are frequently sighted and the best available scientific information,
				as well as other available, relevant, and reliable information supports the
				conclusion that manatees inhabit such areas on a regular or periodic basis.
				Information considered by the Commission may include but is not limited to
				manatee surveys, observations, available studies of food sources, and water
				depths.
(2) When establishing
				manatee protection zones as provided above, the Commission shall utilize the
				standards provided under paragraph (2)(a), below, in determining whether
				restrictions are necessary to protect manatees or manatee habitat. The
				Commission shall not establish restrictions that result in undue interference
				with the rights of fishers, boaters, and water skiers (as they apply under
				Section 379.2431(2)(k),
				F.S.).
(a) The Commission utilizes the
				following standards in determining whether restrictions are necessary to
				protect manatees or manatee habitats in areas of regular or periodic manatee
				use:
1. Restrictions are necessary if the
				absence of adequate restrictions will likely result in:
a. Injury or death to manatees, or
b. Harassment of manatees, or
c. Destruction of essential manatee
				habitat.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in these rules, the following words shall have the
				  indicated meanings unless the context clearly indicates otherwise:
(1) "Idle Speed" and "Idle Speed No Wake" may
				be used interchangeably and mean that a vessel must proceed at a speed no
				greater than that which will maintain steerageway and headway. At no time is
				any vessel required to proceed so slowly that the operator is unable to
				maintain control over the vessel or any other vessel or object that it has
				under tow.
(2) "Miles" means
				statute miles.
(3) "Motorboats
				prohibited zone" as used in Chapter 68C-22, F.A.C., is synonymous with the
				definition of the "no power-driven vessels" zone defined in paragraph
				68D-23.103(2)(d),
				F.A.C., and means that all vessels equipped with any mechanical means of
				propulsion are prohibited from entering the marked area unless the mechanical
				means of propulsion is not in use and, if possible to do so, is tilted or
				raised out of the water.
(4) "Slow
				Speed" and "Slow Speed Minimum Wake" may be used interchangeably and mean that
				a vessel must be fully off plane and completely settled into the water. The
				vessel must then proceed at a speed which is reasonable and prudent under the
				prevailing circumstances so as to avoid the creation of an excessive wake or
				other hazardous condition which endangers or is likely to endanger other
				vessels or other persons using the waterway. Due to the different speeds at
				which vessels of different sizes and configurations may travel while in
				compliance with this definition, there is no specific numerical speed assigned
				to Slow Speed. A vessel that is:
(a)
				Operating on plane is not proceeding at this speed;
(b) In the process of coming off plane and
				settling into the water or coming up onto plane is not proceeding at this
				speed;
(c) Operating at a speed
				that creates an excessive wake or other hazardous condition which unreasonably
				or unnecessarily endangers other vessels or other persons using the waterway,
				or is likely to do so, is not proceeding at this speed;
(d) Completely off plane and which has fully
				settled into the water and is proceeding at a reasonable and prudent speed with
				little or no wake is proceeding at this speed.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.003 - Regulated Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				Guidelines and Application Procedures: This rule sets forth criteria pertaining
				to the regulation of the speed and operation of vessel traffic and other
				activities which are otherwise prohibited by Chapter 68C-22, F.A.C. Permits for
				such regulated activities shall be issued only as provided hereunder. Permits
				shall be issued only upon a finding by the Commission that activities as
				described in this section will not pose a serious threat to manatees, and that
				such activities are justified. Determinations of justification of need will be
				made based on the criteria given under each specific subsection.
Permits shall not be granted for activities within
				  "Motorboats Prohibited" or "No Entry" zones, except as explicitly provided for
				  in this section.
(a) In considering
				applications for permits under this section, a "serious threat to manatees"
				exists if, due to the nature, location, or frequency of the activity proposed,
				its conduct can be reasonably expected to result in either (1) injury or death
				to manatees, (2) a significant disruption of the manatee's normal use, behavior
				or migratory patterns, or (3) disturbance which would lead to or cause
				destruction of essential manatee habitat. In making its determination, the
				Commission's examination will include an evaluation of the following factors:
1. Patterns of manatee use of the area, both
				seasonal and year-round,
2. The
				number of manatees known or assumed to occur in or seasonally use the area,
3. The manatee mortality trends
				within the area,
4. The existence
				of features within the area which are essential to the survival of, or are
				known to attract, manatees, such as seagrasses or other food sources, favorable
				water depths, and fresh or warm water sources,
5. The cumulative effect of the requested
				activities in light of other permits previously granted or currently being
				considered by the Commission and known vessel traffic patterns and densities in
				the area; and,
6. The
				characteristics of the waterway and of the vessel(s)/motor(s) which would be
				operated by the applicant.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.004 - Management Provisions

Current through Reg. 50, No. 138; July 16, 2024
Regulations established pursuant to Section
				  379.2431(2),
				  F.S., and Rule 68C-22.001, F.A.C., shall be
				  marked by regulatory markers that conform to Chapter 68D-23, F.A.C., Uniform
				  Waterway Markers in Florida Waters. Where conflicting speed or operational
				  restrictions are established by law or pursuant to law, the more restrictive
				  shall be posted and shall apply.
Rulemaking Authority
					 379.2431(2) FS.
					 Law Implemented 379.2431(2)
					 FS.
New 3-19-79, Formerly 16N-22.04, Amended 12-30-86,
					 12-25-91, Formerly 16N-22.004, 62N-22.004, Amended
					 12-23-03.