CHAPTER 68B-33 BILLFISH 68B-33.001 Purpose and Intent.-- The purpose and intent of this chapter are to protect and conserve Florida's billfish resources and increase public awareness of and concern for these resources through promotion of catch-and-release and other conservation practices and prohibition of sale. It is the intent of this chapter to expressly repeal subsections (5) and (6) of Section 370.11, Florida Statutes, relating to sailfish. Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History - New 3-31-88, Formerly 46-33.001. 68B-33.002 Definitions.-- (1) As used in this chapter, "billfish" means any fish of the following species, or any part thereof: (a) Makaira nigricans (blue marlin). (b) Tetrapturus albidus (white marlin). (c) Tetrapturus pfluegeri (longbill spearfish). (d) Tetrapturus belone (Mediterranean spearfish). (e) Tetrapturus georgei (roundscale spearfish). (f) Istiophorus platypterus (sailfish). (2) The term "billfish," for purposes of this chapter, shall not include swordfish (Xiphias gladius). (3) "Hook and line gear" includes any handline, rod and reel, or any pole to which hook and line are attached, as well as any bob, float, weight, lure, plug, spoon, or standard bait attached thereto. (4) "Longline gear" means any single line or series of connected lines to which more than ten hooks are attached and which is used to harvest fish. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-31-88, Formerly 46-33.002. 68B-33.003 Possession Limits; Prohibition of Sale; Exception.-- (1) Except as provided in subsection (3), no person shall possess more than one billfish at any time. Possession of more than one billfish within the state shall constitute a violation of this rule. (2) Except as provided in subsection (3), no person, firm, or corporation shall buy, sell, trade, barter, or exchange billfish in any form or manner, or receive anything of value for any billfish with or without changing possession thereof. This subsection shall not be construed to prohibit billfish tournaments that award monetary or other prizes, so long as all other requirements of this chapter are met. (3) The possession limit and prohibition of sale contained in this rule shall not apply to the following situations: (a) Billfish may be kept on the premises of a wholesale or retail seafood business or restaurant for the limited purpose of smoking billfish for the harvesters thereof, so long as each such fish or part is packaged or otherwise clearly labeled to indicate the name and address of the owner and no portion of the billfish is exchanged for the service. (b) Billfish may be transported by and kept on the premises of a taxidermist for the limited purpose of mounting billfish for the harvesters thereof, so long as each such fish is clearly labeled to indicate the name and address of the owner and no portion of the billfish is exchanged for the service. (4) The possession of any billfish aboard a vessel fishing in state waters with longline gear or any gill or trammel net is prohibited. (5) The taking or attempted taking of billfish in or from state waters is prohibited except by use of hook and line gear. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 3-31-88, Amended 7-15-96, Formerly 46-31.003.