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Is it legal?



  • jimmy06jimmy06 Posts: 1,241 Officer
    ok so I sent fwc an email asking specifically about culling fish and this was there response.( 68B-2.002 Return of Marine Organisms to Water; Permissible Temporary Possession.

    (1) This subsection applies to all marine finfish and any marine invertebrate regulated by Division 68B, F.A.C., with the exception of Chapter 68B-26, F.A.C. All persons catching or taking but not retaining for use any such marine organism shall immediately release such marine organism at the site of capture. No person may unnecessarily harm or destroy any such organism. No such organism may be placed or deposited on any bank, shore, beach or other place out of the water.

    (2) Permissible Temporary Possession

    (a) Unless possession is expressly prohibited for a particular species, a person may temporarily possess an organism for purposes of identifying the species, photographing, or determining compliance with applicable regulations.

    (b) A person who temporarily possesses an organism pursuant to paragraph (2)(a) must immediately return the organism to the water unharmed.

    (c) A person must also comply with other restrictions on temporary possession that may be established for a particular species.

    Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13.

    The activity of culling would constitute "possession" and would not meet the definition of "temporary possession" because the fish was not "immediately" returned to the water free, alive, and unharmed.

    Catch and immediate release constitutes "temporary possession" and that is why you can have your limit in the box and then catch and release a hundred more if you want to.)
    so according to fwc, if you go by the rule in part (a) keeping said fish in the live well to be measured should be ok but to keep fish in live well to cull for bigger fish it would be considered possession which would count against your bag limit.
  • Sea SnakeSea Snake Posts: 5,521 Admiral
    So you stated my case...they were kept in the livewell to be measured and released....for as long as it took to drift 100 feet.

    I claim "temporary possession", your honor....:willynilly

    CULLING...to me, means like you would a largemouth bass...where you keep a limit of bass in your livewell, and keep fishing all day, replacing smaller fish with bigger fish....which is what I wasn't doing at all.
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