Section 68B-44.007 - Sale and Purchase Requirements(1) A commercial harvester may only sell a shark, or any part thereof, to a holder of a valid federal Atlantic shark dealer permit issued pursuant to 50 C.F.R. §635.4, as of January 1, 2019.(2) No wholesale dealer, as defined in section 379.362(1), F.S., may purchase a shark, or any part thereof, unless such dealer is in possession of a valid federal Atlantic shark dealer permit. No wholesale dealer may purchase a shark, or any part thereof, without confirming that the seller possesses a valid Florida saltwater products license and any applicable federal permit or authorization required in subsection 68B-44.009(1), F.A.C. This subsection applies only when a shark, or any part thereof is sold, exchanged, bartered, distributed, or landed for the first time.(3) During any period when Florida Waters are closed pursuant to rule 68B-44.005, F.A.C., the purchase or sale of any shark to which the closure applies is prohibited. These prohibitions shall not apply to sale of sharks that were harvested, landed, and purchased or sold prior to the closure, or sale of sharks that were harvested outside of the closure area during the closure period. The burden shall be upon any person possessing such sharks to establish the chain of possession from the initial transaction after harvest by appropriate receipt(s), bill(s) of sale, or bill(s) of lading. Failure to maintain such documentation or failure to promptly produce such documentation at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.(4) No person may purchase or sell a prohibited species specified in subsection 68B-44.004(3), F.A.C., or any part thereof, unless possession and landing is authorized pursuant to subsection 68B-44.004(4), F.A.C.Fla. Admin. Code Ann. R. 68B-44.007
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 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 1-19-10, Amended 7-1-19, 1-1-20.