Section 68B-35.004 - Gear Specifications and Prohibited Gear(1) The harvest of pompano, African pompano, or permit within or without state waters by or with the use of any multiple hook in conjunction with live or dead natural bait, or the landing of such fish so harvested, is prohibited. Snagging (snatch hooking) of pompano, African pompano, or permit within or without state waters is also prohibited.(2) African Pompano Gear - (a) Recreational Gear - The harvest or attempted harvest of any African pompano in or from state waters while harvesting recreationally, by or with the use of any gear other than hook and line gear is prohibited. In adjacent federal EEZ waters, the harvest or attempted harvest of any African pompano by or with the use of any gear other than hook and line gear or spearing is prohibited, while harvesting recreationally.(b) Commercial Gear - The harvest or attempted harvest of any African pompano in or from state waters while harvesting for commercial purposes by or with the use of any gear other than hook and line gear is prohibited.(3) Permit Gear - The harvest or attempted harvest of any permit in or from state waters by or with the use of any gear other than hook and line gear is prohibited. Except as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any permit in adjacent federal EEZ waters by or with the use of any gear other than hook and line and spearing gear is prohibited.(4) Pompano Gear - Except as provided in subsection 68B-35.005(3), F.A.C., or as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any pompano within or without state waters by or with the use of any gear other than a beach or haul seine, a cast net, or hook and line gear is prohibited.(5) Except as provided in paragraph 68B-35.005(2)(d), F.A.C., and in this subsection, no person shall simultaneously possess aboard any vessel in state waters any pompano or permit together with any gill or entangling net.(a) Possession of pompano or permit is allowed by persons who have harvested pompano or permit in adjacent federal EEZ waters as an incidental bycatch in gill or entangling nets while fishing for other species, as long as such persons possess a valid saltwater products license with a restricted species endorsement, and provided that the amount of pompano or permit does not exceed the harvest, possession, and landing limit specified in subparagraphs 68B-35.0035(2)(b) 2. and 68B-35.0035(1)(b) 2., F.A.C.(b) Possession of pompano or permit harvested pursuant to this subsection is allowed only when the person or vessel returns from federal EEZ waters directly, continuously, and expeditiously through state waters from the place where the 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, and the vessel must comply with all requirements of Section 379.2423, F.S.Fla. Admin. Code Ann. R. 68B-35.004
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.40 FS.
New 7-1-89, Amended 1-1-96, Formerly 46-35.004, Amended 11-1-01, 1-1-04, 8-29-11, 11-15-12.New 7-1-89, Amended 1-1-96, Formerly 46-35.004, Amended 11-1-01, 1-1-04, 8-29-11, 11-15-12.