Fla. Admin. Code Ann. R. 68B-44.009 - License Requirements

(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.

(b) Shore-based shark fishing by persons under 16 years of age -

1. Except as provided in subparagraph (3)(b)2., a person under 16 years of age may not participate in shore-based shark fishing unless such person has successfully completed within the previous 12 months a shore-based shark fishing education course as provided in paragraph (3)(c) and is in possession of valid Commission-issued proof of completion of a shore-based shark fishing education course as provided in paragraph (3)(c).

2. A person under 16 years of age who has not successfully completed a Commission-approved shore-based shark fishing education course as provided in paragraph (3)(c) may participate in shore-based shark fishing only if such person is fishing under the supervision of, and in the presence of, a person 16 years of age or older who holds a valid shore-based shark fishing permit issued pursuant to paragraph (3)(a).

(c) Education course requirement -

1. The Commission shall provide a shore-based shark fishing education course, available at: https://learningmyfwc.remote-learner.net. Instructions for completing the shore-based shark fishing education course are contained in a document titled "Shore-Based Shark Fishing Education Course Instructions, " Form SBSF-1 (effective July 1, 2019), incorporated herein by reference and available at http://www.flrules.org/gateway/reference.asp?No=Ref-10775, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

2. The Commission shall issue proof of completion to a person who has successfully completed a Commission-approved shore-based shark fishing education course. Such proof of completion shall be valid for 12 months from the date of issuance.

Notes

Fla. Admin. Code Ann. R. 68B-44.009

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

Adopted by Florida Register Volume 45, Number 118, June 18, 2019 effective 7/1/2019.

New 7-1-19.