68B-36.001         Purpose and Intent
    68B-36.002         Definitions
    68B-36.003         Size Limits; Prohibition of Sale of Larger Black Drum
    68B-36.004         Bag and Commercial Limits
    68B-36.005         Other Prohibitions

    68B-36.001 Purpose and Intent.

    (1) The purpose and intent of this chapter are to protect and conserve Florida's black drum resources and
    assure the continuing health and abundance of the species.
    (2) Black drum are hereby designated as a restricted species, pursuant to Section 379.101(32), F.S.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89,
    Formerly 46-36.001.

    68B-36.002 Definitions.

    As used in this chapter:
    (1) “Black drum” means any fish of the species Pogonias cromis, or any part thereof.
    (2) “Commercial harvest” means the taking or harvesting of any black drum for purposes of sale or with intent
    to sell. Black drum harvested in excess of the recreational bag limit shall constitute commercial harvest.
    (3) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such
    fish to possession. Fish that are caught but immediately returned to the water free, alive, and unharmed are
    not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine
    compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting
    such fish, provided that it is measured immediately after taking, and immediately returned to the water free,
    alive, and unharmed if undersize or oversize.
    (4) “Land”, when used in connection with the harvest of a fish, means the physical act of bringing the
    harvested fish ashore.
    (5) “Total length” means the straight line distance from the most forward point of the head with the mouth
    closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.
    (6) “Vessel” means and includes every description of water craft used or capable of being used as a means
    of transportation on water, including nondisplacement craft and any aircraft designed to maneuver on water.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89,
    Amended 7-15-96, 9-30-96, Formerly 46-36.002, Amended 7-1-06.

    68B-36.003 Size Limits; Prohibition of Sale of Larger Black Drum.

    No person shall harvest, within or without the waters of the state, or land any black drum of total length less
    than 14 inches, nor greater than 24 inches, except that a person not engaged in the commercial harvest of
    black drum may harvest, possess while in or on the waters of the state, and land no more than one black
    drum per day of total length greater than 24 inches. No person engaged in the commercial harvest of black
    drum shall possess, while in or on the waters of the state, land, or sell any black drum of total length greater
    than 24 inches.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89,
    Formerly 46-36.003.

    68B-36.004 Bag and Commercial Limits.
    (1) Bag Limit – Except as provided in subsection (2), no person shall harvest more than 5 black drum per day,
    within or without the waters of the state, nor possess more than 5 black drum while in, on, or above the
    waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.
    (2) Commercial Daily Harvest Limit – A person possessing a valid saltwater products license with a restricted
    species endorsement may harvest, within or without the waters of the state, and possess:
    (a) While in or on the waters of the state, no more than 500 pounds of black drum per vessel per day. The use
    of more than one vessel per such commercial harvester is prohibited for purposes of this rule.
    (b) While fishing state waters from land or any dock, pier, bridge, jetty, or other fishing site adjacent to state
    waters, no more than 500 pounds of black drum per day.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89,
    Amended 8-31-98, Formerly 46-36.004.

    68B-36.005 Other Prohibitions.

    (1) The harvest of black drum within or without the waters of the state by or with the use of any multiple hook in
    conjunction with live or dead natural bait, or the landing of black drum so harvested, is prohibited. Snagging
    (snatch hooking) of black drum within or without the waters of the state is also prohibited.
    (2) All black drum shall be landed in a whole condition. The possession, while in or on state waters, of black
    drum that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited.
    Mere evisceration or "gutting" of black drum, or mere removal of gills, before landing is not prohibited.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89,
    Formerly 46-36.005.


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