The presence of spiny lobster aboard a vessel within the boundaries of the sanctuary, while one or more persons from such vessel are overboard, is prohibited and constitutes a violation of this chapter by all persons aboard and overboard from such vessel; provided, however, that nothing in this chapter shall prevent any person, while lawfully possessing spiny lobster taken or trapped outside the boundaries of the sanctuary, or any vessel having such lawfully possessed spiny lobster aboard, from:
    (1) Passing through the sanctuary, so long as no one from such vessel is overboard while inside the boundaries of the sanctuary, or
    (2) Seeking temporary safe refuge or anchorage within the sanctuary, so long as no one from such vessel is overboard while inside the boundaries of the sanctuary.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 7-3-84, Formerly 46-11.04, Amended 7-15-96, Formerly 46-11.004.