(1) Where required on a regional basis by rule of this chapter, no person shall operate or fish any trawl, or possess any trawl that is rigged for fishing aboard any vessel, which trawl does not have a bycatch reduction device (BRD) installed therein meeting the requirements of this rule.

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    (2) No person shall rig or alter the BRD installed in any trawl in any manner so as to render the BRD nonfunctioning or ineffective in excluding species other than shrimp from the trawl.
    (3) One of the following types of BRDs must be used to comply with the requirements of this subsection:
    (a) BRDs currently certified or currently provisionally certified by the National Marine Fisheries Service as defined in 50 C.F.R §622 Appendix D and pursuant to 50 C.F.R. § 622.41 (g).
    (b) The Florida Finfish Excluder meets the BRD requirements of this subsection only when fishing in nearshore or inshore Florida waters. The Florida Finfish Excluder device shall consist of at least one rigid exit opening frame made of no smaller than 1/4-inch steel or aluminum rod sewn into each trawl. Each exit opening frame shall be at least 12 inches in length and have an apex of three bars pointing forward to orient the exit opening in the direction of the mouth of the trawl. The opening thus created shall be in the shape of a parallelogram or oval and no smaller than 36 square inches in area and 5 inches across the opening in the shortest dimension. The opening formed by each frame shall be no further forward in the cod end than 70% of the distance between the draw string (tie-off rings) and the beginning of the tail bag (excluding any extension). The frame shall be installed on the top side of the cod end, no more than 15 meshes to the side of the centerline.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 6-3-96, Amended 8-17-98, Formerly 46-31.0045, Amended 1-19-10.