Section 68A-23.015 - Regulations Governing the Taking and Possession of Freshwater Mussels(1) No person shall take or possess alligator gar (Atractosteus spatula) without having obtained a permit from the Commission. Permits to take alligator gar shall be issued subject to criteria in Rule 68A-9.002, F.A.C.(2) Persons licensed in accordance with Section 379.363(1), F.S., may take eels as specified in Rule 68A-23.002, 68A-23.003, 68A-23.004 or 68A-23.005, F.A.C., only under permit from the Commission. The Commission shall impose upon the permit any reasonable conditions necessary to assure protection of the fishery and other natural resources. Permits shall be issued, denied, renewed or revoked as provided in Rule 68-1.010, F.A.C. Eel harvest permits shall be issued to applicants who have submitted a completed eel harvest permit application. AMERICAN EEL (Anguilla rostrata) COMMERCIAL HARVEST PERMIT APPLICATION DFFM_Permit_AE-01 (09/2014) (found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04756) is incorporated herein by reference.(3) Taking living or dead freshwater mussels for the purpose of sale or selling living or dead freshwater mussels, is prohibited.(4) No person shall take more than 10 freshwater mussels or 20 half-shells of the families Unionidae and Margaritiferidae (Phylum Mollusca, Class Pelecypoda) per day. No person shall possess more than two days' bag limit (20 individual mussels or 40 half-shells) of any mussels of these families. Permits for taking or possession of freshwater mussels of the families Unionidae and Margaritiferidae in excess of prescribed bag or possession limits shall be issued in accordance with Rule 68A-9.002, F.A.C.(5) Except as provided in Rule 68A-23.008, F.A.C., freshwater mussels from families other than Unionidae and Margaritiferidae, such as the Asian clam Corbicula fluminea, may be taken for bait or personal use.(6) Mussels shall be taken by hand-picking only. Use of brailles, crowfoot bars, or other mechanical methods for taking freshwater mussels is prohibited.Fla. Admin. Code Ann. R. 68A-23.015
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 7-1-96, Formerly 39-23.015, Amended 3-9-06, 3-24-13, 11-26-14.New 7-1-96, Formerly 39-23.015, Amended 3-9-06, 3-24-13, 11-26-14.