Section 68B-44.003 - Size Limit; Landing in Whole Condition Requirement(1) Size Limits - (a) Shortfin mako - 1. A recreational harvester may not harvest or land from Florida Waters a shortfin mako that is less than 83 inches fork length. Except as provided in subparagraph (1)(a)2., a recreational harvester may not possess in or on Florida Waters a shortfin mako that is less than 83 inches fork length.2. The possession limit established in subparagraph (1)(a)1. will not apply to shortfin mako lawfully harvested in federal waters by recreational harvesters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct and continuous from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored.(b) Except as provided in paragraph (1)(a), a person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a shark that is less than 54 inches fork length, with the exception of the following species, for which there shall be no minimum size limit: 1. Atlantic sharpnose shark.(2) Landed in Whole Condition Requirement - A person harvesting a shark shall land each shark in whole condition. A person may not possess in or on Florida Waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, a shark that has been beheaded, sliced, divided, filleted, ground, skinned, finned, or had the caudal fin (tail) removed. This provision will not be construed to prohibit the evisceration (gutting) of a shark or slicing the base of the caudal fin to bleed the carcass as long as the caudal fin remains attached.(3) Possession of Separated Shark Fins - (a) A person may not possess in or on Florida Waters a shark fin that has been separated from a shark.(b) A person may not land a shark fin that has been separated from a shark.(4) The size limits and landing in whole condition requirement of this rule will not apply to sharks lawfully harvested commercially 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 section 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.Fla. Admin. Code Ann. R. 68B-44.003
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 4-8-92, Amended 1-1-98, Formerly 46-44.003, Amended 1-19-10, Amended by Florida Register Volume 45, Number 069, April 9, 2019 effective 7/1/2019, Amended by Florida Register Volume 45, Number 191, October 1, 2019 effective 1/1/2020.New 4-8-92, Amended 1-1-98, Formerly 46-44.003, Amended 1-19-10, 7-1-19, 1-1-20.