POMPANO, AFRICAN POMPANO, AND PERMIT 68B-35.001 Purpose and Intent; Repeal of Certain Laws; Designation as Restricted Species, Aquaculture Exemption for Pompano. -- (1) The purpose and intent of this chapter are to protect and conserve Florida's pompano, African pompano, and permit resources and assure the continuing health and abundance of these species. (2) It is the intent of this chapter to expressly repeal and replace Section 370.11(2)(a)2., Florida Statutes, and the remainder of Section 370.11(2)(a), Florida Statutes, as it pertains to pompano, and Section 370.1125, Florida Statutes pertaining to permit. (3) Pompano, African pompano, and permit, are hereby designated as a restricted species pursuant to Section 370.01(20), Florida Statutes. (4) Provisions of this rule chapter shall not apply to pompano artificially spawned and raised in commercial aquaculture facilities. However, anyone possessing such fish or offering such fish for sale or exchange shall maintain and be able to produce documentation, such as appropriate receipt(s), bill(s) of sale, or bill(s) of lading, to establish the chain of possession from the initial transaction after harvest at the facility. Failure to maintain such documentation shall constitute a violation of this rule chapter. 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 7-1-89, Amended 1-1-96, Formerly 46-35.001. 68B-35.002 Definitions. -- As used in this rule chapter: (1) "African pompano" means any fish of the species Alectis ciliaris, or any part thereof. (2) "Fishing pier" means a platform extending from shore over water, used primarily to provide a means for persons to harvest or attempt to harvest fish therefrom. The term shall not be construed to include any residential dock, marina, or facility at which vessels are launched or moored, but shall include any abandoned bridge serving the function of a fishing pier. (3) "Length" means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail. (4) "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 or maximum 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 or oversize. (5) "Land", when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore. (6) "Pompano" means any fish of the species Trachinotus carolinus, or any part thereof. (7) "Permit" means any fish of the species Trachinotus falcatus, or any part thereof. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 7-1-89, Amended 1-1-96, Formerly 46-35.002. 68B-35.003 Size and Bag Limits; Prohibition of Sale. -- (1) Size Limits - (a) No person shall harvest in or from state waters, or possess while in or on state waters, any pompano or permit, with a fork length less than 10 inches, or greater than 20 inches. No person shall purchase, sell, or exchange any pompano or permit with a length less than 10 inches, or greater than 20 inches. (b) No person shall harvest in or from state waters, or possess while in or on state waters, any African pompano with a length less than 24 inches. (c) All pompano, African pompano, and permit shall be landed in whole condition. The possession, while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of such fish, or mere removal of gills, before landing is not prohibited. (2) Bag Limits - (a) Except for persons harvesting pursuant to a valid saltwater products license, no person shall harvest in or from state waters more than a total of 10 pompano or permit per day, in any combination of species, nor possess while in or on state waters more than 10 such fish. No more than one (1) of such fish shall exceed 20 inches length. (b) Each harvester of African pompano is subject to a bag limit of 2 African pompano per day, however, no more than 2 African pompano shall be possessed aboard any vessel while in or on state waters at any time. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 7-1-89, Amended 1-1-96, Formerly 46-35.003. 68B-35.004 Gear Specifications and Prohibited Gear. -- (1) The harvest of pompano, African pompano, or permit in or from 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 in or on state waters is also prohibited. (2)(a) The harvest or attempted harvest of any African pompano or permit in or from state waters, by or with the use of any gear other than a hook and line gear is prohibited. (b) The harvest or attempted harvest of any pompano 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. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 7-1-89, Amended 1-1-96, Formerly 46-35.004.