From
http://fac.dos.state.fl.us/faconline/chapter68.pdf
68B-16.001 Queen Conch, Purpose and Intent.
(1) The purpose and intent of this chapter are to repeal and replace Section 370.113, Florida Statutes in its entirety. Prior to the effective date of this chapter, Section 370.113, Florida Statutes, regulated the taking of queen conch from waters of the State of Florida. In recent years, a combination of habitat destruction, overfishing and other causes has resulted in a severe decline in the abundance of queen conch, to the point that the resource cannot support any further harvest level until existing stocks have been able to replenish themselves. Accordingly, this chapter prohibits taking, harvesting, or harming queen conch, species Strombus gigas.
(2) Pursuant to Section 370.027(2)(f), Florida Statutes, the queen conch, species Strombus gigas, is hereby declared and
designated a protected species. The purposes of designation as a protected species are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered, to encourage voluntary conservation practices, and to enlist the assistance of the general public in enforcing the stringent measures imposed by this chapter.
3) This chapter is not intended to prohibit collectors from taking dead or empty queen conch shells, so long as no living queen is mutilated or removed from its shell in connection with such taking. The Commission recognizes the common
practice of drilling or tapping a hole through the spire of the queen conch shell to facilitate removing the live conch or conch meat from such shell, and further recognizes that this method is the only practical means, while on the water, of separating the live queen conch or conch meat from its shell. In order to provide for effective enforcement of the prohibition against killing live queen conch, subsection 68B-16.003(5), F.A.C of this chapter provides that possession of such a shell while in or on the water constitutes a violation of this chapter.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. Historyâ€"œNew 6-17-85, Amended 12-11-86, 1-1-91, 7-15-96, Formerly 46-16.001.
68B-16.002 Definitions.
For the purpose of this chapter, except where the context clearly requires otherwise:
(1) "Commission" means the Florida Fish and Wildlife Conservation Commission.
(2) "Land," when used in conjunction with the harvest of queen conch, means the physical act of bringing a harvested queen
conch ashore.
(3) "Queen conch" means any queen conch of the species Strombus gigas, or any part thereof.
(4) "Person" means any natural person, firm, entity of corporation.
(5) "Vessel" means and includes every description of water craft used or capable of being used as a means of transportation on
water, including nondisplacement craft and any aircraft designed to maneuver on water.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. Historyâ€"œNew 6-17-85, Amended 6-21-90, Formerly
46-16.002.
68B-16.003 Queen Conch, Regulation.
(1) No person shall take or harvest any queen conch from the land or waters of the State of Florida, or possess, transport, or
land any queen conch, wherever harvested, except as provided in subsections (3), (4), and (5) below.
(2) No person shall kill, molest, harm, or mutilate any queen conch anywhere within the borders of the State of Florida.
(3) The provisions of this chapter shall not be applicable to queen conch imported from another country; provided, however,
that any wholesale or retail dealer in queen conch meat, queen conch shells or products made from queen conch shells shall
maintain invoices, receipts, bills of sale, bills of lading, or other documentation affirmatively showing that all queen conch meat,
queen conch shells or parts of queen conch shells in such dealer's inventory were imported from a foreign country.
(4) In accordance with Section 370.10(2), Florida Statutes, the Commission may issue permits to collect and possess queen
conch for experimental, scientific and exhibitional purposes.
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(5) It is not unlawful for any person to take or possess queen conch shells from the land or waters of the State of Florida , so long as such shells do not contain any living queen conch at the time of taking, and so long as a living queen conch is not killed,
mutilated, or removed from its shell prior to taking such shell; provided further, that possession by any person, while in or on the waters of the State of Florida, of conch meat or of any queen conch shell having an off-center hole larger than 1/16 inch in diameter through its spire shall constitute a violation of this chapter.
(6) The presence of queen conch aboard a vessel in, on or above the waters of the State of Florida, while one or more persons
from such vessel are overboard, shall constitute prima facie evidence that such queen conch were harvested from state waters in violation of this chapter