Fla. Admin. Code Ann. R. 68B-46.002 - Horseshoe Crabs Harvest Restrictions: License Requirements, Gear Specifications, Daily Bag and Possession Limits

(1) No person shall harvest, possess, or sell any horseshoe crab unless that person possesses a valid saltwater products license. Horseshoe crabs shall be considered saltwater products for purposes of Section 379.362, F.S.

(2) The harvest or attempted harvest of any horseshoe crab by or with the use of any means or gear other than by hand or gig is prohibited.

(3)

(a) Except as provided in paragraph (b), no person shall harvest in any day, within or without the waters of the state, land, or possess while in or on the waters of the state more than 25 horseshoe crabs. No such person shall possess more than 25 horseshoe crabs while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

(b)

1. The following bag and possession limits apply to a person with a valid saltwater products license with a marine life endorsement:

a. No such person shall harvest in any one day, within or without the waters of the state, land, or possess while in or on the waters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoe crabs while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

2. The following bag and possession limits apply to a person with a valid saltwater products license and a valid permit to harvest eels commercially in the freshwaters of the state:

a. No such person shall harvest in any one day, within or without the waters of the state, land, or possess while in or on the saltwaters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoe crabs while in, on, or above the saltwaters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

3. The following provisions apply to each person collecting horseshoe crabs for biomedical purposes:

a. No person shall collect horseshoe crabs for biomedical purposes without possessing a valid Horseshoe Crab Biomedical Collecting Permit. This is not a harvesting permit, but rather allows the holder to temporarily possess horseshoe crabs for the purpose of collecting the blood of the animal.

b. Horseshoe crabs collected for biomedical purposes shall be handled so as to minimize injury, maintained alive, and released alive in the area where collected.

c. Persons possessing a valid Horseshoe Crab Biomedical Collecting Permit are exempted from bag and possession limits specified in paragraph (a), of this subsection if the horseshoe crabs collected are maintained and released alive.

d. The Horseshoe Crab Biomedical Collection Permit shall be renewed each year if the holder files the report required in sub-subparagraph e.

e. Each person holding a Horseshoe Crab Biomedical Collection Permit shall file with the Division of Marine Fisheries by May 1 each year a report detailing the use of horseshoe crabs. Such reports will be filed on forms provided by the Division (Form DMF-HSC001 (7-02)) and will include a monthly account of the number of crabs collected, areas where horseshoe crabs were collected, statement of percent mortality up to the point of release, and a certification that collected horseshoe crabs are solely used by the biomedical facility for biomedical purposes and not for other purposes.

Notes

Fla. Admin. Code Ann. R. 68B-46.002

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

New 3-30-00, Amended 7-9-02.

New 3-30-00, Amended 7-9-02.