Section 68B-16.004 - Harvest of Queen Conch Prohibited(1) A person may not harvest, kill, molest, harm or mutilate a queen conch within or without Florida Waters, or possess, transport or land a queen conch regardless of where harvested.(2) A person may harvest a queen conch shell if the shell does not contain a live queen conch at the time of harvest and a live queen conch is not killed, mutilated, or removed from the shell prior to the harvest of the shell. A person may not possess within or without Florida Waters a queen conch shell that has an off-center hole larger than 1/16 inch in diameter through its spire.(3) The presence of queen conch aboard a vessel in or on Florida Waters, while one or more persons from the vessel are overboard, constitutes prima facie evidence that the queen conch was harvested from Florida Waters in violation of this chapter.(4) Rules 68B-16.004 and 68B-16.0041, F.A.C., will not be construed to prohibit the unintentional capture of a queen conch in the course of another lawful fishing activity. A person who unintentionally catches a queen conch shall immediately return the queen conch to the water unharmed.Fla. Admin. Code Ann. R. 68B-16.004
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.