CHAPTER 68B-41 DOLPHIN 68B-41.002 Definitions.-- As used in this rule chapter: (1) "Dolphin" means any fish of the species Coryphaena hippurus, or any part thereof. (2) "Fork length" means the length of a fish as measured from the tip of the snout to the rear center edge of the tail. (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 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. (4) "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 shall constitute harvest for commercial purposes. (5) "Land," when used in conjunction with the harvest of a fish, means the physical act of bringing the harvested fish ashore. (6) "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). 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 46-41.002. 68B-41.003 Size Limit, Prohibition of Sale.-- (1) No person shall buy, sell, or exchange 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, or land any dolphin with a fork length less than 20 inches. (3) No person harvesting for commercial purposes shall land any dolphin in other than a whole condition. The possession by such a person, while in or on state waters, of dolphin that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of dolphin, 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. 68B-41.004 Bag Limits.-- Except for a person possessing a valid saltwater products license, 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. 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. 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. 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.