Fla. Admin. Code Ann. R. 68B-41.003 - Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Conditional Requirement and Exception

(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.

Notes

Fla. Admin. Code Ann. R. 68B-41.003

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 1-1-91, Formerly 46-41.003, Amended 1-3-05, 9-1-13, Amended by Florida Register Volume 42, Number 169, August 30, 2016 effective 9/13/2016.

New 1-1-91, Formerly 46-41.003, Amended 1-3-05, 9-1-13, 9-13-16.