Fla. Admin. Code R. 68B-35.005

Current through Reg. 50, No. 217; November 5, 2024
Section 68B-35.005 - Pompano Endorsement Regulations
(1) POMPANO ENDORSEMENT - No person shall be issued a pompano endorsement on their saltwater products license without first meeting each of the following criteria:
(a) The applicant must possess a Vessel Saltwater Products License with a Restricted Species Endorsement.
(b) The applicant must own a commercially registered vessel no smaller than 22 feet in documented length, except in the case of a vessel with the primary power mounted forward of the center point of the vessel, in which case the vessel shall not be smaller than 25 feet in documented length.
(c) No applicant shall receive a pompano endorsement who, in the previous three license years, has been charged with violating any provision of Article X, Section 16 of the State Constitution, Section 379.2423 or 379.2422, F.S., or subsection 68B-4.0081(2), F.A.C., and who has received a judicial disposition other than acquittal or dismissal on such charges.
(2) Pompano Endorsement Zone.
(a) Boundaries - Regulations for Pompano Endorsement Holders established in Rule 68B-35.005, F.A.C., apply only in federal EEZ waters between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County).
(b) Transport and Landings - Transport through state waters of pompano harvested pursuant to paragraph 68B-35.005(2)(a), F.A.C., must be between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County) and landed within these boundaries.
(c) Simultaneous Possession of Pompano and Gill or Entangling Nets - Simultaneous possession of any pompano together with any gill or entangling net aboard any vessel is only allowed within or without state waters, between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County) by persons who have harvested pompano within the boundaries established in paragraph 68B-35.005(2)(a), F.A.C., and who possess a valid saltwater products license with a restricted species endorsement and a Pompano Endorsement issued pursuant to subsection 68B-35.005(1), F.A.C., or pursuant to paragraph 68B-35.004(5)(a), F.A.C.
(d) The exemption established in paragraph 68B-35.005(2)(d), F.A.C., shall not apply to any person or vessel which does not return from federal EEZ waters directly, continuously, and expeditiously from the place where the 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, or otherwise fails to meet all requirements of Section 379.2423, F.S.
(3) GEAR FOR POMPANO ENDORSEMENT ZONE - Persons harvesting pursuant to a Pompano Endorsement and within the Pompano Endorsement Zone established in paragraph 68B-35.005(2)(a), F.A.C., are permitted to use gill or entangling nets to target pompano in addition to allowable gears for pompano listed in Rule 68B-35.004, F.A.C. Each gill or entangling net shall meet the following specifications:
(a) Such net shall not be less than 400 yards in length, along the cork line and along the lead line.
(b) Such net shall be at least 70 meshes deep at its shallowest point.
(c) Such net shall have a mesh size of at least 4 1/2 inches stretched mesh, throughout the net.

Fla. Admin. Code Ann. R. 68B-35.005

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS.

New 11-1-01, Amended 1-1-04, 8-29-11, 11-15-12, Amended by Florida Register Volume 43, Number 060, March 28, 2017 effective 4/13/2017.

New 11-1-01, Amended 1-1-04, 8-29-11, 11-15-12, 4-13-17.