(1) Except as provided for in subsection (2), the harvest or attempted harvest of ballyhoo for commercial purposes with any gear or method other than the following is prohibited:
    (a) Lampara net.
    (b) Cast net meeting the requirements of subsection 68B-4.0081(3), F.A.C.
    (c) Hook and line gear.
    (d) Landing or dip net.
    (2) Incidental Take – A person without a lampara net endorsement may harvest ballyhoo as an incidental bycatch in purse seines, or in lampara nets while fishing for other species, provided that the person possesses a valid saltwater products license with a purse seine endorsement, and provided that no more than the amount of ballyhoo allowed by Fl. Admin. Code R. 68B-56.004(2)(c), is possessed aboard the vessel at any time.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 5-1-03.