68B-44.004. Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

(1) Recreational Bag and Vessel Limit –

(a) A recreational harvester may not harvest or land from Florida Waters more than one shark per day. A recreational harvester may not possess in or on Florida Waters more than one shark.

(b) Two or more recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than two sharks, regardless of the number of persons aboard. This provision will not be construed to authorize harvest or possession of sharks in excess of the bag limit.

(c) Shortfin mako bag and vessel limits. Consistent with Federal Standards for adjacent federal waters, at the start of each calendar year, the default shortfin mako bag limit of zero sharks will apply (consistent with requirements established in 50 C.F.R. 635.22(c)(8) as of October 13, 2022). If at any time the recreational retention limit for shortfin mako in adjacent federal waters is adjusted, the Commission shall give notice of changes to shortfin mako bag and vessel limits in or on all Florida Waters electronically, pursuant to Section 120.81(5), F.S., at: www.myfwc.com/fishing/saltwater/recreational/sharks/.

(2) Commercial Bag and Vessel Limit –

(a) A commercial harvester may not harvest or land from Florida Waters more than one shark per day. A commercial harvester may not possess in or on Florida Waters more than one shark.

(b) Two or more commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than two sharks, regardless of the number of persons aboard. This provision will not be construed to authorize harvest or possession of sharks in excess of the bag limit.

(3) Prohibited Species –

(a) For the purposes of this rule, “prohibited species” shall include:

1. Atlantic angel shark.

2. Basking shark.

3. Bigeye sand tiger.

4. Bigeye sixgill shark.

5. Bigeye thresher.

6. Bignose shark.

7. Bluntnose sixgill shark.

8. Caribbean reef shark.

9. Caribbean sharpnose shark.

10. Dusky shark.

11. Galapagos shark.

12. Great hammerhead.

13. Lemon shark.

14. Longfin mako.

15. Narrowtooth shark.

16. Night shark.

17. Sandbar shark.

18. Sand tiger.

19. Scalloped hammerhead.

20. Sharpnose sevengill shark.

21. Shortfin mako, only when targeted or harvested for commercial purposes.

22. Silky shark.

23. Smalltail shark.

24. Smooth hammerhead.

25. Spiny dogfish.

26. Tiger shark.

27. Whale shark.

28. White shark.

29. Largetooth sawfish (Pristis pristis).

30. Smalltooth sawfish (Pristis pectinata).

31. Manta ray (species of the genera Manta and Mobula).

32. Spotted eagle ray (Aetobatus narinari).

(b) A person may not harvest or land from Florida Waters any prohibited species or any part thereof. A person may not possess in or on Florida Waters any prohibited species or any part thereof.

(c) A person may not unnecessarily harm or destroy any prohibited species from Florida Waters.

(d) A person who catches a prohibited species while fishing from shore must release such prohibited species immediately at the site of capture, without unnecessary harm. Delaying the release of a prohibited species for any period of time longer than necessary to remove the hook or other fishing tackle is prohibited. If the hook cannot be removed quickly, either the hook must be cut or the leader must be cut as close to the hook as possible in order to remove as much fishing tackle as possible without delaying release. The permissible temporary possession provisions provided for by paragraph 68B-2.002(2)(a), F.A.C., do not apply to prohibited species.

(e) A person may not remove a prohibited species from Florida Waters. The gills of a prohibited species must remain submerged and the entire length of the organism must remain in the water. This subparagraph shall not be construed to prohibit temporarily lifting the head of a prohibited species from the water in order to speed removal of a hook or other fishing tackle or to require unsafe practices while fishing from shore.

(4) The bag, possession, landing, and prohibited species requirements of this rule do not apply to sharks lawfully harvested in federal waters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this subsection appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.004, Amended 10-15-07, 1-19-10, 7-1-19, 1-1-20, 3-6-23.