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    68B-41.002         Definitions
    68B-41.003         Size Limit, Prohibition of Sale
    68B-41.004         Recreational Bag and Possession Limits; Commercial Trip Limits
    68B-41.005         Gear Specifications and Prohibited Gear; Bycatch Allowance
    68B-41.006         Commercial Permit Requirements
    68B-41.002 Definitions.
    As used in this rule chapter:
    (1) “Atlantic Ocean” means all state waters along the east coast of Florida lying between the Florida-Georgia
    border and 83° West Longitude (near the Dry Tortugas Islands).
    (2) “Commercial quantities” means any amount of marine life harvested or possessed for the purposes of
    sale or with intent to sell or in excess of the recreational bag limit.
    (3) “Dolphin” means any fish of the species Coryphaena hippurus or Coryphaena equiselis, or any part
    thereof.
    (4) “Fork length” means the length of a fish as measured from the tip of the snout to the rear center edge of
    the tail.
    (5) “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 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.
    (6) “Harvest for commercial purposes” means the taking or harvesting of any dolphin for purposes of sale or
    with intent to sell. The harvest of any dolphin in excess of the bag limit specified in Rule 68B-41.004, F.A.C.,
    shall constitute harvest for commercial purposes.
    (7) “Land,” when used in conjunction with the harvest of a fish, means the physical act of bringing the
    harvested fish ashore.
    (8) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device
    used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a
    hook with hook and line gear, or by snagging (snatch hooking).
    (9) “Wahoo” means any fish of the species Acanthocybium solandri, or any part thereof.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91,
    Amended 7-15-96, 1-1-98, Formerly 46-41.002, Amended 1-3-05.

    68B-41.003 Size Limit, Prohibition of Sale.
    (1) In the Atlantic Ocean, no person shall harvest any dolphin with a fork length less than 20 inches.
    (2) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the
    state, land, sell, or exchange any dolphin with a fork length less than 20 inches.
    (3) No person shall land any dolphin or wahoo in other than a whole condition. The possession by such a
    person, while in or on state waters, of dolphin or wahoo that have been deheaded, sliced, divided, filleted,
    ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of dolphin or wahoo, 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 1-1-91,
    Formerly 46-41.003, Amended 1-3-05.

    68B-41.004 Recreational Bag and Possession Limits; Commercial Trip Limits.
    (1) Except for a person harvesting for commercial purposes and in possession of the licenses required by
    Rule 68B-41.006, F.A.C., no person shall harvest or land more than 10 dolphin per day, nor possess more
    than 10 dolphin at any time while in or on the waters of the state. Additionally, no more than 60 dolphin may be
    possessed aboard any vessel from which dolphin are harvested pursuant to this bag limit, except that 10
    dolphin per paying passenger may be possessed aboard a for-hire vessel licensed pursuant to Section
    379.354(7), F.S.
    (2) Except for a person harvesting for commercial purposes and in possession of the licenses required by
    Rule 68B-41.006, F.A.C., no person shall harvest or land more than 2 wahoo per day, nor possess more than
    2 wahoo at any time while in or on the waters of the state.
    (3) A person harvesting for commercial purposes is limited to harvest or possession of 500 pounds of wahoo
    per day. No more than 500 pounds of wahoo shall be possessed aboard any vessel from which wahoo is
    harvested for commercial purposes.
    (4) Any dolphin or wahoo harvested pursuant to the limits established in subsection (1) or (2) may not be
    sold, except that the captain of a for-hire vessel possessing the licenses required by Rule 68B-41.006, F.A.C.,
    may sell dolphin harvested aboard the for-hire vessel pursuant to subsection (1).

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91,
    Formerly 46-41.004, Amended 1-3-05.

    68B-41.005 Gear Specifications and Prohibited Gear; Bycatch Allowance.
    (1) Except as provided in subsection (2), dolphin shall only be harvested, within or without waters of the State
    of Florida, by:
    (a) Hook and line gear.
    (b) Longline gear (outside state waters only).
    (c) Spearing.
    (2) Dolphin shall not be harvested with any type of gear other than one specified in subsection (1); provided,
    however, that dolphin harvested as an incidental bycatch of other species lawfully harvested with other types
    of gear shall not be deemed in violation of subsection (1) if the quantity of dolphin so harvested does not
    exceed the recreational bag limit established in Rule 68B-41.004, F.A.C.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91,
    Amended 1-1-98, Formerly 46-41.005.

    68B-41.006 Commercial Permit Requirements.
    (1) Dolphin and wahoo are designated as restricted species. Each person harvesting dolphin or wahoo for
    commercial purposes must possess a valid Saltwater Products License with a restricted species
    endorsement issued pursuant to Section 379.361(2)(b), F.S.
    (2) Each person harvesting dolphin or wahoo for commercial purposes in the Atlantic Ocean shall also
    possess a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii).
    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-05.



CHAPTER 68B-41
DOLPHIN AND WAHOO
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