Fla. Admin. Code Ann. R. 68B-41.004 - Bag and Vessel Limits; Bycatch Allowance

(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.

(b) Private Vessel Limit -

1. Gulf of Mexico. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 60 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

2. Atlantic Ocean. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 30 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

(c) Vessel for Hire Limit - Possession of more than the daily bag limit of dolphin multiplied by the number of customers fishing aboard any Vessel for Hire is prohibited. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limit. In all Florida Waters of the Gulf of Mexico and Atlantic Ocean, the daily bag and possession limit for captains and crew on for-hire vessels is zero.

(2) Commercial Limits -

(a) Atlantic Ocean - Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from the Atlantic Ocean pursuant to 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. In the Atlantic Ocean, a commercial harvester must comply with all federal dolphin limits that would otherwise apply to the commercial harvester in federal waters.

(b) Other Florida Waters - Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from Florida Waters other than the Atlantic Ocean.

(c) Bycatch Allowance - A commercial harvester may not harvest or land per day or possess more than 10 dolphin that were harvested pursuant to subsection 68B-41.006(3), F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species.

Notes

Fla. Admin. Code Ann. R. 68B-41.004

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

New 1-1-91, Formerly 46-41.004, Amended 1-3-05, 9-1-13, Amended by Florida Register Volume 48, Number 056, March 22, 2022 effective 5/1/2022.

New 1-1-91, Formerly 46-41.004, Amended 1-3-05, 9-1-13, 5-1-22.