Section 68B-17.0061 - Specifications and Requirements for Allowed gear and Methods of Harvest; Required Equipment; Time of Day when Harvest and Transport is Prohibited(1) Specifications and Requirements for Allowed Gear -(a) Specifications for Rakes - A person may not harvest a hard clam with a rake that has less than 7/8 inch of clear space between the teeth on the horizontal harvesting surface of the rake. A person may not harvest a hard clam with a rake that has less than 7/8 inch clear space between the bars or dividers of any basket attached to the rake.(b) Specifications for Tongs - A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the teeth on the horizontal harvesting surface of the tongs. A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the bars or dividers of any basket attached to the tongs.(c) A person may not use a rake, dredge or other mechanical device manually to harvest hard clams if the engine of any vessel used in connection with the harvest of the hard clams is running. A person using a rake, dredge or other mechanical device manually to harvest hard clams shall turn off the engine of any vessel used in connection with the harvest of the hard clams prior to using any of the gear and may not restart the engine while the gear is in use.(2) Required Equipment for Harvest of Hard Clams -(a) A person may not use a vessel in connection with harvest or transport of hard clams unless the vessel is equipped with a shade. A person who is using a vessel in connection with the harvest or transport of hard clams shall use the shade to shield the hard clams onboard the vessel from the sun at all times.(b) A person may not use a vessel in connection with harvest of hard clams unless the vessel is equipped with at least one cull board or cull rack that meets the following specifications: 1. All cull boards, cull racks, and other devices used shall have a clear space between the bars or other dividers, 2. The clear space between the bars or dividers shall remain unobstructed at all times; and,3. A person may not use wire, netting, or other material over or between the bars or dividers that would prevent clams less than 1 inch in size from falling through the clear space between the bars or dividers.(3) Time of Day when Harvest and Transport is Prohibited -(a) A person may not harvest or attempt to harvest a hard clam from Florida Waters during the period of prohibited harvest. A person may not possess or transport a hard calm in or on Florida Waters during the period of prohibited harvest. The period of prohibited harvest begins 30 minutes after official sunset and ends 30 minutes before official sunrise. The U.S. Weather Service establishes and publishes the time of official sunset and official sunrise for each day of the year.(b) Paragraph (3)(a) does not apply to a dredge operation permitted under paragraph 68B-17.006(2)(b), F.A.C.Fla. Admin. Code Ann. R. 68B-17.0061
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.