Chapter 68B-14 Reef Fish Purpose and Intent, Repeal of Section 370.11(2)(a)8., F.S., Designation as Protected Species, Designation as Restricted Species. -- (1) Purpose and intent. (a) The purpose of this chapter is to protect and replenish Florida's reef fish resources by imposing minimum size limits, recreational bag limits, and restrictions on gear used to harvest the families, genera and species listed herein. (b) The prohibitions contained in this chapter are not intended to supersede or conflict with provisions of any federal management plan or regulations operative in Exclusive Economic Zone (EEZ) waters adjacent to Florida waters. (2) Repeal of section 370.11(2)(a)8., F.S. This chapter is intended to repeal and replace Section 370.11(2)(a)8., Florida Statutes, and the remainder of Section 370.11(2)(a) as it pertains to grouper. This chapter is not intended, and shall not be construed, to repeal any other subdivision of Section 370.11, Florida Statutes, or any other existing general or local law applicable to snapper, grouper, or sea bass. (3) Designation as protected species. Pursuant to Section 370.027(2)(f), Florida Statutes, red snapper and jewfish are hereby declared and designated as protected species. The purposes of this designation are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered and to encourage voluntary conservation practices. (4) Designation as restricted species. The following species are hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes: (a) Amberjacks - Genus Seriola: 1. Almaco jack - Seriola rivoliana. 2. Banded rudderfish - Seriola zonata. 3. Greater amberjack - Seriola dumerili. 4. Lesser amberjack - Seriola fasciata. (b) Groupers and Sea Basses - Family Serranidae: 1. Bank sea bass - Centropristis ocyurus. 2. Black grouper - Mycteroperca bonaci. 3. Black sea bass - Centropristis striata. 4. Coney - Epinephelus fulvus. 5. Gag - Mycteroperca microlepis. 6. Graysby - Epinephelus cruentatus. 7. Misty grouper - Epinephelus mystacinus. 8. Red grouper - Epinephelus morio. 9. Red hind - Epinephelus guttatus. 10. Rock hind - Epinephelus adscensionis. 11. Rock sea bass - Centropristis philadelphica. 12. Scamp - Mycteroperca phenax. 13. Speckled hind - Epinephelus drummondhayi. 14. Snowy grouper - Epinephelus niveatus. 15. Tiger grouper - Mycteroperca tigris. 16. Warsaw grouper - Epinephelus nigritus. 17. Yellowedge grouper - Epinephelus flavolimbatus. 18. Yellowfin grouper - Mycteroperca venenosa. 19. Yellowmouth grouper - Mycteroperca interstitialis. (c) Snappers - Family Lutjanidae: 1. Black snapper - Apsilus dentatus. 2. Blackfin snapper - Lutjanus buccanella. 3. Cubera snapper - Lutjanus cyanopterus. 4. Dog snapper - Lutjanus jocu. 5. Gray (mangrove) snapper - Lutjanus griseus. 6. Lane snapper - Lutjanus synagris. 7. Mahogany snapper - Lutjanus mahogoni. 8. Mutton snapper - Lutjanus analis. 9. Queen snapper - Etelis oculatus. 10. Red snapper - Lutjanus campechanus. 11. Schoolmaster - Lutjanus apodus. 12. Silk snapper - Lutjanus vivanus. 13. Vermilion snapper - Rhomboplites aurorubens. 14. Wenchman - Pristipomoides aquilonaris. 15. Yellowtail snapper - Ocyurus chrysurus. (d) Gray triggerfish - Balistes capriscus. (e) Hogfish - Lachnolaimus maximus. (f) Red porgy - Pagrus pagrus. Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History - New 7-29-85, Amended 12-11-86, 2-1-90, 3-1-94, 12-31-98, 1-1-00, Formerly 46-14.001. 68B-14.002 Definitions. For purposes of this chapter, except where the context clearly requires otherwise: (1) "Atlantic Ocean" means that body of water south and east of the line beginning at the point where the Natural Resources Boundary Line intersects 83 deg. W. longitude (24 deg. 29 min. N. latitude), thence north along 83 deg. W. longitude to where it intersects 24 deg. 35 min. N. latitude, (near the Dry Tortugas), thence eastward along that parallel through Rebecca Shoal and the Quicksand Shoal to 82 deg. 13 min. W. longitude, then following the Territorial Sea Boundary south and east to the point it intersects 24 deg. 33 min. N. latitude, thence eastward along that parallel to the point where it intersects Key West, then continuing along a line eastward to the terminus of U.S. Highway 1 to the point where it intersects the mainland at the east end of Florida Bay. (2) "Charter vessel" means a vessel operated by a captain licensed by the United States Coast Guard to carry passengers for hire. (3) "Fork length" means the length of a fish as measured from the tip of the snout to the rear center edge of the tail. (4) "Gulf of Mexico" means that body of water north and west of the line described in the definition of "Atlantic Ocean" contained in subsection (1) of this rule. (5) "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. (6) "Headboat" means a vessel that holds a valid Certificate of Inspection issued from the U.S. Coast Guard to carry passengers for hire when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. (7) "Harvest for commercial purposes" means the taking or harvesting of fish for purposes of sale or with intent to sell or in excess of established bag limits. (8) "Jewfish" means any fish of the species Epinephelus itajara, or any part thereof. (9) "Land," when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore. (10) "Nassau grouper" means any fish of the species Epinephelus striatus, or any part thereof. (11) "Person" means any natural person, firm, entity or corporation. (12) "Recreational harvester" means any person, other than a person harvesting for commercial purposes, who harvests fish in or from the waters of the State of Florida. (13) "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). (14) "Total length" means the length of a fish as measured from the tip of the snout to the tip of the tail. (15) "Trip" means a fishing trip of whatever duration which begins with departure of the fishing vessel from a dock, berth, beach, seawall, or ramp and which terminates with return to a dock, berth, beach, seawall, or ramp. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 7-29-85, Amended 12-11-86, 2-1-90, 12-31-92, 3-1-94, 1-1-98, 12-31-98, 1-1-00, Formerly 46-14.002. 68B-14.0035 Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper.- - No person shall harvest in or from state waters at any time, land, possess, unnecessarily destroy, or sell or offer for sale (except as provided in Rule 68B-14.0045), any of the following species, of a length less than set forth as follows: (1) Amberjacks (measured in terms of fork length) (a) Banded rudderfish no less than 14 inches, no greater than 22 inches (b) Greater amberjack 28 inches (c) Lesser amberjack no less than 14 inches, no greater than 22 inches (2) Black sea bass 10 inches total length. (3) Gray triggerfish 12 inches total length. (4) Grouper (measured in terms of total length) (a) Black grouper harvested from the Atlantic Ocean and all waters of Monroe County 24 inches. (b)1. Black grouper harvested recreationally from the Gulf of Mexico except from all waters of Monroe County 22 inches. 2. Black grouper harvested commercially from the Gulf of Mexico except from all waters of Monroe County 24 inches. (c) Gag (gray) grouper harvested from the Atlantic Ocean and all waters of Monroe County 24 inches. (d)1. Gag (gray) grouper harvested recreationally from the Gulf of Mexico except from all waters of Monroe County 22 inches. 2. Gag (gray) grouper harvested commercially from the Gulf of Mexico except from all waters of Monroe County 24 inches. (e) Red grouper 20 inches. (f) Scamp 20 inches. (g) Yellowfin grouper 20 inches. (h) Yellowmouth grouper 20 inches. (5) Hogfish 12 inches fork length. (6) Red porgy harvested in waters of the Atlantic Ocean 14 inches total length. (7) Snapper (measured in terms of total length) (a) Blackfin snapper 12 inches. (b) Cubera snapper 12 inches. (c) Dog snapper 12 inches. (d) Gray (mangrove) snapper 10 inches. (e) Lane snapper 8 inches. (f) Mahogany snapper 12 inches. (g) Mutton snapper 16 inches. (h) Queen snapper 12 inches. (i) Red snapper harvested from the Atlantic Ocean 20 inches. (j) Red snapper harvested from the Gulf of Mexico 16 inches. (k) Silk snapper 12 inches. (l) Schoolmaster snapper 10 inches. (m) Vermilion snapper 10 inches. (n) Yellowtail snapper 12 inches. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 12-31-98. Amended 3-1-99, 1-1-00, 1-1-01, Formerly 46-14.0035. 68B-14.0036 Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Exception, Wholesale / Retail Purchase Exemption. (1) Snapper. (a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than a total of 10 snapper per day, in any combination of species. (b) Gray (mangrove) snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 gray (mangrove) snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a). (c) Red snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 2 red snapper per day, nor shall a recreational harvester harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, more than four 4 red snapper per day. Such bag and possession limit shall be counted for purposes of the aggregate snapper bag and possession limit prescribed in paragraph (a). (d) Atlantic vermilion snapper. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 10 vermilion snapper per day. Such bag and possession shall not be counted for purposes of the aggregate snapper bag and possession limits prescribed in paragraph (a). (e) Gulf lane and Gulf vermilion snapper. Lane snapper and vermilion snapper harvested in state waters of the Gulf of Mexico shall not be subject to nor counted for purposes of determining compliance with the bag and possession limits established in paragraph (a). (f) Cubera snapper. 1. Cubera snapper of a length less than 30 inches shall be included in the aggregate snapper bag and possession limit established in paragraph (a), and the exception provided in subsection (6). 2. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 2 cubera snapper 30 inches in total length or larger per day, and no more than 2 such cubera snapper shall be possessed aboard any vessel in or on state waters at any time. Such larger cubera snapper shall not be included in the aggregate snapper bag and possession limit prescribed in paragraph (a). (2) Grouper. (a) Aggregate bag limit. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than a total of 5 grouper per day, in any combination of species. (b) Gag and black grouper. Except as provided elsewhere in this rule, in all state waters of the Atlantic Ocean and all state waters of Monroe County, within the aggregate bag and possession limit established in paragraph (a), no more than 2 fish may be gag or black grouper, either individually or in combination. No recreational harvester may harvest in or from state waters of the Atlantic Ocean or in or from state waters of Monroe County, nor possess while in or on the waters of the Atlantic Ocean or in or on state waters of Monroe County, more than 2 such fish. (c) Speckled hind and warsaw grouper. No recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than one speckled hind or more than one warsaw grouper per day, and no more than one of each species shall be possessed aboard any vessel in or on state waters, at any time. Such fish shall be counted for purposes of the aggregate grouper bag and possession limit prescribed in paragraph (a). (d) Nassau grouper and jewfish. No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper or jewfish. The purchase, sale, or exchange of any Nassau grouper or jewfish is prohibited. (3) Hogfish. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters, nor possess while in or on state waters, more than 5 hogfish per day. (4) Black sea bass. Except as provided elsewhere in this rule, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, more than 20 black sea bass per day. (5) Red porgy. Beginning March 6, 2000, no recreational harvester shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, any red porgy. (6) Amberjacks. Except as allowed for those persons harvesting for commercial purposes pursuant to Rule 68B-14.0045: (a) Greater amberjack. No person shall harvest from state waters, more than 1 greater amberjack per day, nor possess more than 1 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or any fishing site adjacent to such waters. (b) Banded rudderfish and lesser amberjack. No person shall harvest from state waters, more than an aggregate bag limit of 5 banded rudderfish and lesser amberjack per day either individually or in combination, nor possess more than 5 such fish while in, on, or above the waters of the state or on any dock, pier, bridge, beach or any fishing site adjacent to such waters. (7) Exception. (a) Any person harvesting pursuant to the bag limits established in paragraphs (a), (b), (c), (d), and (f)1., of subsection (1), paragraphs (a) and (b) of subsection (2), and subsections (3), (4), (5), and (6) (a) and (b) of this rule, who has fished for more than one day, may possess double the bag limit once such person has landed the fish, departed the fishing site and is no longer within 100 yards of any state waters, docks, fishing piers, or other fishing sites. (b) Any person harvesting pursuant to the bag limits established in paragraphs (a), (b), (c), (d), and (f)1., of subsection (1), paragraphs (a) and (b) of subsection (2), and subsections (3), (4), (5), and (6) (a) and (b) of this rule, who has fished aboard a charter vessel or headboat on a trip that spans more than 24 hours may possess and land double the bag limit if the vessel has a sleeping berth for each passenger aboard the vessel and each such passenger possesses a receipt issued on behalf of the vessel that verifies the length of the trip. (8) Wholesale / retail purchase exemption. Except as provided in paragraph (2)(c), the possession limits of this rule do not apply to any licensed seafood dealer or to any fish purchased from a licensed wholesale or retail seafood dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail seafood dealer. Failure to maintain such receipts, bills of sale, or other appropriate documentation shall constitute a violation of this rule. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 12-31-98. Amended 3-1-99, 10-22-99, 1-1-00, 3-6-00, Formerly 46-14.0036. 68B-14.0038 Recreational red snapper season. In all state waters of the Gulf of Mexico, the season for the recreational harvest and possession of red snapper shall be from April 15 through October 31, each year. Except for persons harvesting red snapper for commercial purposes pursuant to Rule 68B-14.0045, F.A.C., from November 1 through April 14, no person shall harvest in or from state waters of the Gulf of Mexico, nor possess while in or on state waters of the Gulf of Mexico, any red snapper. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 10-20-98, Formerly 46-14.0038, Amended 12-30-99. 68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Special Restrictions.-- (1) Licenses. (a) Each person harvesting any of the species listed in Rule 68B-14.001(4) for commercial purposes in state waters shall possess a valid saltwater products license with a restricted species endorsement and 1. If fishing in state waters of the Atlantic Ocean, either a valid transferable commercial permit or a trip-limited commercial permit for South Atlantic snapper-grouper; 2. If fishing in state waters of the Gulf of Mexico, a valid commercial vessel permit for Gulf reef fish, and if fishing for red snapper, a Class 1 or Class 2 Gulf red snapper license. (b) No person harvesting for commercial purposes pursuant to this subsection shall sell or attempt to sell any of the indicated species, or any part of the indicated species, without possessing and presenting to the purchaser the state and federal licenses and permits specified in paragraph (a). No wholesale dealer, as defined in Section 370.07(1), Florida Statutes, shall purchase any of these species, or any part thereof, without confirming that the seller thereof possesses the state and federal licenses and permits specified in this rule. (2) Season closures. (a) Persons harvesting any of the species listed in Rule 68B-14.001(4) for commercial purposes shall have a season that begins on January 1 and continues through December 31 each year. (b) If at any time, adjacent federal Exclusive Economic Zone (EEZ) waters are closed to commercial harvest of any of the species listed in Rule 68B-14.001(4), corresponding state waters shall also be closed to commercial harvest of the species affected by the federal closure, beginning from the date of such closure until federal waters are reopened to the commercial harvest of such species. (c) During the period of any closure pursuant to paragraph (b), the harvest, possession, or landing in quantities greater than the bag limits specified in Rule 68B-14.0036, and the purchase, sale or exchange, of any species to which the closure applies, is prohibited. (d) Notice of any closure for state waters required by paragraph (b), and notice of any resulting prohibition as required by paragraph (c), shall be given by the Executive Director of the Fish and Wildlife Conservation Commission in the manner provided in s. 120.81(5), Florida Statutes. (e) The closure specified in paragraph (b), and the prohibitions specified in paragraph (c), shall not apply when the species to which the closure applies is legally harvested outside the waters of the closed area. Any person possessing such species during the time period of a closure shall establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, to show that such species originated from a point outside the closed area. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this subsection. (f)1. During the months of March and April each year, the harvest, possession, or landing in quantities greater than the recreational bag limits specified in Rule 68B-14.0036, and the purchase, sale, or exchange, of gag grouper, or black grouper harvested from state waters of the Atlantic Ocean and from all state waters of Monroe County, is prohibited. 2. Beginning February 15 and continuing through March 14 of each year, the harvest, possession, or landing in quantities greater than the recreational bag limits specified in Rule 68B-14.0036, and the purchase, sale, or exchange, of gag grouper, black grouper, or red grouper harvested from state waters of the Gulf of Mexico, except from all waters of Monroe County, is prohibited. (g) During the months of March, April and May of each year, the harvest and possession in quantities greater than the recreational bag limits specified in Rule 68B-14.0036, and the purchase, sale and exchange of any species of amberjack harvested from state waters, is prohibited. (h) Beginning March 6, 2000, no person harvesting for commercial purposes shall harvest in or from state waters of the Atlantic Ocean, nor possess while in or on state waters of the Atlantic Ocean, any red porgy. (3) Special restrictions. (a) Snapper. 1. Cubera snapper. No person harvesting for commercial purposes shall harvest in or from state waters more than 2 cubera snapper 30 inches in total length or larger per day and no more than 2 such cubera snapper shall be possessed aboard any vessel in or on state waters, at any time. 2. Gray (mangrove) snapper. No person shall buy, sell, or exchange any gray (mangrove) snapper of a total length less than 12 inches. 3. Mutton snapper. No person harvesting for commercial purposes shall harvest in or from state waters more than 10 mutton snapper per day during the months of May or June each year. During this period each year, no such person shall possess more than 10 mutton snapper while in or on state waters. 4. Red snapper. No person harvesting for commercial purposes shall harvest in or from state waters of the Atlantic Ocean, more than 2 red snapper per day. No person harvesting for commercial purposes shall harvest in or from state waters of the Gulf of Mexico, more than 4 red snapper per day. 5. Vermilion snapper. No person shall buy, sell, or exchange any vermilion snapper harvested from state waters of the Atlantic Ocean of a total length less than 12 inches. (b) Grouper. 1. Nassau grouper and jewfish. No person harvesting for commercial purposes shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper, or jewfish. The purchase, sale, or exchange of any Nassau grouper or jewfish is prohibited. 2. Speckled hind and warsaw grouper. No person shall harvest in or from state waters any speckled hind or warsaw grouper for commercial purposes and the purchase, sale, or exchange of such fish is prohibited. (c) Amberjack. 1. No person harvesting for commercial purposes shall harvest or land any amberjack with a fork length less than 36 inches. No person shall purchase, sell, or exchange any amberjack with a fork length less than 36 inches. 2. No person harvesting for commercial purposes shall, on the same trip, harvest or possess greater amberjack pursuant to the bag limit specified in Rule 68B-14.0036(6). Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, 1-1-00, 3-6-00, 1-1-01, Formerly 46-14.0045. 68B-14.005 Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation, Black Sea Bass Traps.-- (1) Allowable gear. Except as provided in subsection (2), the following shall be the only gear types and methods allowed for the harvest in or from state waters of any of the species specified in Rule 68B-14.001(4): (a) Hook and line gear. (b) A black sea bass trap meeting the requirements of Section 370.1105(1)(c), Florida Statutes. (c) Spearing. This provision shall not be construed to allow the use of any powerhead, bangstick, or handheld device employing an explosive charge for the harvest in state waters of any snapper or grouper listed in Rule 68B-14.001(3). (2) Incidental bycatch. No person shall harvest in or from state waters any of the species specified in Rule 68B-14.001(4), by or with the use of any gear other than those types of gear specified in subsection (1); provided, however, that such fish harvested as an incidental bycatch of other species lawfully harvested with other types of gear shall not be deemed to be unlawfully harvested in violation of this section, if: (a) The quantity of such fish so harvested does not exceed the bag and possession limits established in Rule 68B-14.0036, and (b) The harvesting of such fish would not violate any other provision of applicable law. (3) Violation. Possession of any of the species specified in Rule 68B-14.001(4) beyond the bycatch allowance in paragraph (2)(a), aboard a vessel fishing in state waters, while also in possession of unauthorized gear, constitutes a violation of subsections (1) and (2). (4) Black sea bass traps. All black sea bass traps shall be constructed of wire and shall meet the dimensions established in Section 370.1105(1)(c), Florida Statutes. Additionally, each such trap shall comply with the following specifications: (a) Biodegradable panel. For purposes of Section 370.1105(1)(c), Florida Statutes, a black sea bass trap shall be considered to have a "biodegradable panel" or a "degradable panel" if one of the following methods is used in construction of the trap: 1. The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine. The trap lid must be secured so that when the jute degrades, the lid will no longer be securely closed. 2. The trap lid tie-down strap is secured to the trap at one end with a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner. The trap lid must be secured so that when the loop degrades, the lid will no longer be securely closed. 3. The trap lid tie-down strap is secured to the trap at one end by an untreated pine dowel no larger than 2-inches in length by 3/8-inch in diameter. The trap lid must be secured so that when the dowel degrades, the lid will no longer be securely closed. 4. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be laced, sewn, or otherwise obstructed by a single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar. When the jute degrades, the opening in the sidewall of the trap will no longer be obstructed. 5. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. This opening must be obstructed with an untreated pine slat or slats no thicker than 3/8 inch. When the slat degrades, the opening in the sidewall of the trap will no longer be obstructed. "Untreated pine" means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood. 6. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may either be laced, sewn, or otherwise obstructed by non-coated steel wire measuring 24 gauge or thinner or be obstructed with a panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire. When the wire or wire mesh degrades, the opening in the sidewall of the trap will no longer be obstructed. 7. The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches in height by 3 inches in width. The opening may be obstructed with a rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the corner fasteners degrade, the panel will fall away and the opening in the sidewall of the trap will no longer be obstructed. (b) Escape vents. All black sea bass traps shall have an unobstructed escape vent opening on at least two opposite vertical sides, excluding top and bottom, that complies with one of the following minimum sizes: 1. A rectangular vent, 1.125 inches (2.9 cm) by 5.75 inches (14.6 cm). 2. A circular vent, 2 inches (5.1 cm) in diameter. 3. A square vent with sides of 1.75 inches (4.4 cm) measured inside the square. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 12-11-86, Amended 2-1-90, 3-1-94, 10-4-95, 7-15-96, 1-1-98, 12-31-98, 6-1-99, Formerly 46-14.005. 68B-14.006 Other Prohibitions.-- (1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter. (2) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any fish harvested in violation of this chapter. (3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel. (4) All fish harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters pursuant to the requirements of this chapter, shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or "gutting" of fish, or mere removal of gills from fish, before landing is not prohibited. Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006.