68B-14.006. Other Prohibitions and Exception

(1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter. Vessels for-hire that possess aboard the vessel a valid federal Gulf of Mexico Charter/Headboat Permit for Reef Fish pursuant to 50 C.F.R. §622.20(b), while fishing for other species in or on state waters, may be in possession of red snapper that were legally harvested in adjacent EEZ waters during the federal season for recreational harvest by the federal for-hire component established by the National Marine Fisheries Service and published in the Federal Register.

(2) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any fish harvested in violation of this chapter.

(3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.

(4) Landed in Whole Condition Requirement – Except as provided elsewhere in this rule, all fish harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters pursuant to the requirements of this chapter shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of fish, or mere removal of gills from fish, before landing is not prohibited. Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited.

(5) Landed in Whole Condition Exception – Recreational anglers that lawfully harvest species listed as South Atlantic Snapper-Grouper in Table 4 of Appendix A to 50 C.F.R. §622 (as of June 22, 2016), in waters of the Commonwealth of the Bahamas are exempt from the requirement to land such fish in whole condition under the following conditions:

(a) Skin must remain intact on the entire fillet of any fish carcass as specified in 50 C.F.R. §622.186 (as of January 27, 2016).

(b) A person or vessel that lawfully harvests fish in Bahamian waters and transits through Florida waters must comply with the bag and possession limits specified in 50 C.F.R. §622.187 (as of January 27, 2016), and the seasons specified in 50 C.F.R. §622.183-184 (as of January 27, 2016). Two fillets of fish, 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.

(f) Fish harvested from Bahamian waters and transited to Florida pursuant to the requirements specified in this rule may not be sold or purchased.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006, Amended 9-13-16, 4-1-20.