CHAPTER 68B-48 FLOUNDER AND SHEEPSHEAD 68B-48.001 Purpose and Intent; Repeal of Section 370.11(2)(a)2., F.S.; Designation as Restricted Species, Aquaculture Exemption. -- (1) The purpose and intent of this chapter are to protect and conserve Florida's flounder and sheepshead resources and assure the continuing health and abundance of these species. (2) It is the intent of this subsection to expressly effect the repeal of 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 flounder. (3) Flounder and Sheepshead are hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes. (4) Provisions of this rule chapter shall not apply to flounder or sheepshead 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 1-1-96, Formerly 46-48.001. 68B-48.002 Definitions.-- As used in this chapter: (1) "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. (2) "Flounder" means any fish of the species Paralichthys albigutta (Gulf flounder), Paralichthys lethostigma (Southern flounder), Paralichthys dentatus (summer flounder), or Etropus crossotus (fringed flounder), or any part thereof. (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 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. (4) "Land", when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore. (5) "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. (6) "Sheepshead" means any fish of the species Archosargus probatocephalus. (7) "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 1-1-96. Amended 1-1-98, Formerly 46-48.002. 68B-48.003 Size and Bag Limits.-- (1) Size Limits - (a) No person shall harvest in or from state waters, possess while in or on state waters, or sell or offer for sale any flounder or any sheepshead with a total length less than 12 inches. (b) All flounder and sheepshead 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 - Except for persons harvesting pursuant to a valid saltwater products license: (a) No person shall harvest in or from state waters more than a total of 10 flounder per day, nor possess while in or on state waters more than 10 such fish. (b) No person shall harvest in or from state waters more than a total of 15 sheepshead per day, nor possess while in or on state waters more than 15 such fish. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 1-1-96, Amended 1-1-97, 8-31-98, Formerly 46-48.003. 68B-48.004 Gear Specifications and Prohibited Gear.-- (1) The harvest of flounder or sheepshead 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 such fish in or on state waters is also prohibited. (2) Allowable Gear - (a) Except as provided in paragraph (b), the harvest or attempted harvest of any flounder or sheepshead by or with the use of any gear other than a beach or haul seine, cast net, hook and line gear, or by spearing, is prohibited. (b) Paragraph (a) shall not apply to a person possessing a valid saltwater products license who harvests flounder or sheepshead using gear not specifically authorized for the respective species by paragraph (a) as an incidental bycatch of other target species lawfully harvested, provided that the number of flounder so harvested and in possession of such person at any time does not exceed 50 lbs., or the number of sheepshead so harvested and in possession of such person at any time does not exceed 50 lbs. Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 1-1-96, Amended 1-1-97, 1-1-98, Formerly 46-48.004.