Fla. Admin. Code Ann. R. 68A-1.004 - [Effective 6/2/2025] Definitions
The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:
(1) Airboat - Any boat, sled,
sea skiff or swamp boat pushed, pulled or propelled by airpower generated by a
motor of more than 25 horsepower.
(2) Alligator exhibit - A facility in which
alligators are confined in such a manner that the general public may view the
reptiles, with or without fee.
(3)
Alligator farm - A facility in which alligators, hatchlings and eggs have been
lawfully reduced to private control, confinement and possession and from which
alligators, their hides, meat and products may be sold.
(4) Alligator hatchling - Any alligator that
is less than nine inches in length measured in a straight line along the belly
from the tip of the snout to the rear margin of the cloacal vent.
(5) All-terrain vehicle - As defined in
Section 317.0003(1),
F.S. (2022).
(6) Amphibians - All
members of the class Amphibia (for example frogs, toads, mudpuppies, newts and
salamanders).
(7) Antlered deer -
Any deer having one or more antlers at least five inches in length visible
above the hairline.
(8) Antlerless
deer - Any deer, except a spotted fawn, that is without antlers or whose
antlers are less than five inches in length visible above the
hairline.
(9) Antler point - Any
antler projection that is at least one inch in length.
(10) Artificial bait - Any fish lure that is
not a natural food for fish.
(11)
Artificially propagated game - Game that is hatched or born and raised in
captivity. The term "artificially propagated" is synonymous with the term "pen
raised."
(12) Bag limit - The
maximum number of individual specimens of fish or wildlife which may lawfully
be taken or possessed by one person in a specified time.
(13) Birds - The various forms of wildlife
belonging to the class Aves, having both feathers and wings.
(14) Bird sanctuary - An area established for
the protection of birds and other wildlife in which hunting is prohibited in
developed areas in the interest of safety, unless otherwise provided by
specific regulation of the Commission.
(15) Black bass - Any bass included in the
genus Micropterus.
(16) Bow - A
device consisting of flexible material having a string connecting its two ends,
either indirectly by cables or pulleys or directly, for the purpose of
discharging arrows; which propels arrows only by the energy stored by the
drawing of the device; and which is hand-held, hand-drawn and
hand-released.
(17) Bush hook - A
single line with a single hook attached to a tree, bush, shore or other
structure.
(18) Captive wildlife -
Any wildlife, specifically birds, mammals, reptiles, and amphibians maintained
in captivity for exhibition, sale, personal use, propagation, preservation,
rehabilitation, protection or hunting purposes.
(19) Closed season - The calendar period
during which the taking of freshwater fish or wildlife is prohibited.
(20) Commission - The Fish and Wildlife
Conservation Commission, established pursuant to Article IV, Section 9, Florida
Constitution.
(21) Common carrier -
Railroad companies, airlines, water carriers, express companies, stage or bus
companies, persons or companies operating stages, buses or airplanes, or any
such person, firm, or corporation certified as a common carrier by the
appropriate state or federal agency.
(22) Critical Incident - Any condition which
results in the release or escape of captive wildlife from its enclosure, cage,
leash, or other constraint.
(23)
Critical wildlife area - An area established by the Commission which is
regulated to minimize the adverse impact on wildlife due to man-caused
disturbance or destruction.
(24)
Crossbow - A device consisting of flexible material having a string connecting
its two ends, either indirectly by cables or pulleys or directly, affixed to a
stock for the purpose of discharging quarrels, bolts, or arrows; which propels
quarrels, bolts, or arrows only by the energy stored by the drawing of the
device; and which utilizes a non-hand-held locking mechanism to maintain the
device in a drawn or ready-to-discharge condition.
(25) Cub bear - A bear that is less than 100
pounds whole (ungutted) or less than 75 pounds eviscerated (gutted)
weight.
(26) Daylight hours - The
time of day from one-half hour before sunrise until one-half hour after
sunset.
(27) Disaster - A sudden
calamitous event that causes great damage, loss or destruction. Examples
include a hurricane, tornado or other severe storm, flood, wildfire, or any
other similar natural disaster, terrorist act, biological or radiological
event, or any other similar manmade disaster.
(28) Executive director - The administrative
head of the Commission.
(29)
Falconry - The sport of taking quarry by means of a trained raptor.
(30) Fawn deer - Any native deer with visible
spots.
(31) Florida Endangered and
Threatened Species - species of fish or wild animal life, subspecies or
isolated populations of species or subspecies, whether vertebrate or
invertebrate, that are native to Florida which are endangered and threatened
under Commission rule as either:
(a)
Federally-designated Endangered and Threatened species by virtue of designation
as endangered or threatened by the United States Departments of Interior or
Commerce under the Endangered Species Act, 16 U.S.C. ยง1531, et seq. and
rules thereto, or
(b) As a
State-designated Threatened species. Florida Endangered and Threatened species
retain their status regardless of subsequent changes in scientific nomenclature
or subsequent identification of species or subspecies within the species
listed.
(32) Freshwater
fish - All of the species that are indigenous to fresh water.
(33) Freshwater game fish:
(a) The following members of the Genus
Micropterus:
1. Florida bass
(Micropterus salmoides).
2. Largemouth bass (Micropterus
nigricans).
3. Shoal bass
(Micropterus cataractae).
4. Suwannee bass (Micropterus
notius).
5. Spotted bass
(Micropterus punctulatus).
6. Choctaw bass (Micropterus haiaka
(nom. prov.)
(b) The following members of the Genus
Pomoxis:
1. Black crappie (Pomoxis
nigromaculatus).
2. White
crappie (Pomoxis
annularis).
(c) The following fishes commonly
called panfish:
1. Bluegill
(Lepomis
macrochirus).
2. Redear (Lepomis
microlophus).
3. Redbreast
(Lepomis auritus).
4. Flier (Centrarchus
macropterus).
5. Warmouth
(Lepomis gulosus).
6. Longear (Lepomis
megalotis).
7. Mud sunfish
(Acantharchus pomotis).
8. Shadow bass (Ambloplites
ariommus).
9. Spotted
sunfish (Lepomis punctatus).
(d) Freshwater white bass (Morone
chrysops).
(e) Striped
bass (Morone saxatilis).
(f) White bass-striped bass hybrid and its
reciprocal known locally as sunshine bass.
(g) All members of the genus Cichla commonly
known as peacock bass including the butterfly peacock (Cichla
ocellaris) and speckled peacock (Cichla
temensis).
(34)
Fish management area - A pond, lake, or other body of water established for the
management of freshwater fish, on which public fishing or other outdoor
recreation is permitted in accordance with regulations specifically provided
for each individual area.
(35)
Furbearers - Raccoon, opossum, skunk, nutria, beaver, coyote, fox, bobcat,
otter, mink, weasel, and round-tailed muskrat.
(36) Game - Game mammals and game
birds.
(37) Game birds - Those
species of turkey, quail, rail, snipe, woodcock, duck, goose, brant, dove,
coot, and gallinule with open seasons established by Rule
68A-13.003,
68A-13.004 or
68A-13.008, F.A.C., and
non-native species generally considered game such as pheasant, chukar
partridge, and coturnix quail.
(38)
Game farm - An area set aside for possession of captive-reared native or
non-native game birds or game mammals of the families Cervidae, Suidae, and
Bovidae for the purpose of breeding, sale, or food.
(39) Game mammals - Those species of deer,
squirrel, bear, and rabbit with open seasons established by Rule
68A-13.004, F.A.C., and
non-native species generally considered game such as elk, antelope, and
buffalo.
(40) Gun - Shotgun, rifle,
pistol, revolver, muzzleloading gun (including muzzleloading long gun with
rifled or smoothbore barrel, shotgun, pistol, and revolver), air gun, gas gun,
blow gun, bow, crossbow, or any other device mechanically propelling an arrow,
spear, or other projectile.
(41)
Hunting preserve - An area set aside by a commercial or private entity on which
captive-reared native or non-native game birds or game mammals of the families
Cervidae, Suidae, and Bovidae may be released or bred for the primary purpose
of take.
(42) Legal game - Game
birds, game mammals, crows (during open seasons established by Rule
68A-13.008, F.A.C.),
non-protected birds, non-protected mammals, and wild hog unless otherwise
stipulated for a particular species in a regulation established for a specific
wildlife management area, wildlife and environmental area, public small game
hunting area or public use area.
(43) Light - Any artificial light for use in
taking wildlife or freshwater fish.
(44) Mammals - Wildlife belonging to the
class Mammalia, having hair and feeding their young on milk.
(46) Migratory game birds - Those species of
game birds included in the Migratory Bird Treaty Act,
16 U.S.C.
703 -
711.
(47) Muzzleloading gun - A firearm designed
to have projectiles loaded through the muzzle, or the muzzle end of the
cylinder chamber, and is fired by wheel lock, flintlock, percussion cap, or
centerfire primer.
(48) Non-game
fish - All freshwater fish species, except grass carp, not listed in subsection
68A-1.004(32),
F.A.C., as freshwater game fish.
(49) Non-performing wildlife - Wildlife which
is exhibited to the public in a mobile cage or enclosure and is not removed
from such enclosure for regular exercise or performing activities.
(50) Non-protected birds - African and
Eurasian collared-doves, common pigeon (rock dove), Egyptian goose, house
sparrow, and common starling.
(51)
Non-protected mammals - armadillo, black or Norway rat, and house
mouse.
(52) Nuisance wildlife -
Wildlife that causes or is about to cause property damage, presents a threat to
public safety, or wildlife causing an annoyance within, under or upon a
building.
(53) Open season - The
calendar period during which freshwater fish or wildlife may be lawfully
taken.
(54) Performing wildlife -
Wildlife that is rehearsed, controlled, or monitored by a trainer and can
accomplish a consistent routine conducted under the discipline of the
trainer.
(55) Permanent blind -
anything that provides shelter, cover, or place of concealment for a person,
but does not include any rooted vegetation or a shelter, cover, or place of
concealment remaining in place only while the person is present.
(56) Person - The word "person" as used in
these rules shall have the same meaning as in Section
1.01, F.S.
(57) Personal pet - Wildlife maintained in
captivity primarily for personal use or enjoyment.
(58) Possession - The word "possession"
whenever used in these rules shall mean any one of the following:
(a) Manual possession.
(b) Physical possession.
(c) Control or custody.
(d) Possession in one's clothing, attire or
equipment.
(e) Possession in or
about a vessel, vehicle or beast of burden under one's custody or control,
including but not limited to compartments, drawers, pockets, trunks, and
similar places in and about such vessel, vehicle, or beast of burden.
(59) Possession limit - The
maximum number of individual specimens of freshwater fish or wildlife which may
be lawfully possessed.
(60)
Pre-charged pneumatic air gun - A commercially-manufactured air gun that is
charged from an external high compression source such as an air compressor, air
tank, or external hand pump and is specifically designed to propel a bolt,
arrow, or other projectile commonly used for hunting.
(61) Prepared alligator meat - Alligator meat
that is cooked or cured in a manner allowing it to be consumed by humans
without further preparation.
(62)
Private lands - Lands not owned by, or under any contractual use agreement
with, any governmental body.
(63)
Private pond - Any man-made body of water that is located entirely within the
property of the owner of the water body and has no surface water connection to
public waters.
(64) Raptor - A bird
which is a member of the Accipitridae (except the bald eagle) or Falconidae
family; or a great horned owl.
(65)
Regions - The following geographical portions of the state:
(a) Southwest Region: Charlotte, DeSoto,
Hardee, Hernando, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk
and Sarasota counties.
(b) North
Central Region: Alachua, Baker, Bradford, Citrus, Clay, Columbia, Dixie, Duval,
Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau, Suwannee, Taylor and
Union counties.
(c) Northwest
Region: Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson,
Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton and Washington
counties.
(d) South Region:
Broward, Collier, Dade, Glades, Hendry, Martin, Monroe, Okeechobee, Palm Beach
and St. Lucie counties.
(e)
Northeast Region: Brevard, Flagler, Indian River, Lake, Marion, Orange,
Osceola, Putnam, Seminole, Sumter, St. Johns and Volusia counties.
(66) Relative - An individual who
is related as: father, mother, son, daughter, brother, sister, uncle, aunt,
first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepsister, stepbrother, half brother, or
half sister.
(67) Reptiles - All
members of the class Reptilia (for example, alligators, caimans, crocodiles,
turtles, lizards and snakes).
(68)
Reptiles of Concern - As designated by the Commission, any member of the class
Reptilia, including subspecies, taxonomic successors or hybrids thereof, which
due to its nature, has habits or the potential to impact the environment, may
be possessed and housed only in accordance with the regulations provided for
reptiles of concern.
(69) Resident
game birds - Wild turkey and quail.
(70) Restricted hunting area - An area
established in which hunting is prohibited in developed areas in the interest
of safety unless otherwise provided by specific permit.
(71) Rough fish - Common carp, gars, gizzard
shad, threadfin shad, suckers, tilapia and bowfin.
(72) Sell - The transfer of property or other
things to a buyer for an agreed price. The term shall include all lesser acts
related thereto, such as attempting to sell, offering to sell, to barter,
exchange, or trade.
(73) Set line -
See bush hook.
(74) Small game -
Game species other than deer, bear or wild turkey.
(75) Small game season - The calendar period
during which small game may be taken, provided that migratory game birds may be
taken only during seasons established under Rules
68A-13.003 and
68A-13.008, F.A.C.
(76) Snare - A trapping device consisting of
a noose designed to capture wildlife.
(77) Snatch hook - Any device which includes
one or more hooks used for the purpose of hooking fish other than in the mouth.
A gaff hook used for landing fish taken by hook and line or rod and reel shall
not be included in the meaning of the term.
(78) Special season - The calendar period
during which specified game species may be hunted only by the use of a
designated hunting device at a time other than the general hunting season for
that species.
(79) Spring turkey
season - The designated spring period during which only gobblers or bearded
turkeys may be taken.
(80) Steel
trap - Any mechanical device (other than a snare or a device commonly used to
take nuisance moles, pocket gophers or household rodents) that is designed and
used to take wildlife by seizing and holding a part of the body.
(81) Take - The term shall include taking,
attempting to take, pursuing, hunting, molesting, capturing, or killing any
wildlife or freshwater fish, or their nests or eggs by any means whether or not
such actions result in obtaining possession of such wildlife or freshwater fish
or their nests or eggs.
(82) To
close - To prohibit the taking of wildlife or freshwater fish.
(83) To open - To permit the taking of
wildlife or freshwater fish during the open season.
(84) Total length - In freshwater fish means
the straight line distance from the most forward point of the head with the
mouth closed to the farthest tip of the tail with the tail compressed or
squeezed, while the fish is lying on its side.
(85) Transport - Shipping, transporting,
carrying, importing, exporting, receiving or delivering for shipment,
transportation or carriage or export.
(86) Triploid grass carp - Freshwater fish
also called white amur, belonging to the family Cyprinidae and known
scientifically as Ctenopharyngodon idella, which have been genetically altered
to contain three sets of chromosomes, thus rendering them functionally sterile.
Only such fish as have been determined to be triploid by the producer using
scientifically accepted methods and verified by the use of a Coulter Counter by
the Commission or by the U.S. Fish and Wildlife Service are included in this
definition.
(87) Trotline - A
multiple hook and line device consisting of a main line to which shorter lines
are attached at intervals.
(88)
Untanned skin - Any skin or hide that has not been processed beyond the
fleshed, salted or stretched stage.
(89) Venomous reptile - All members of the
class Reptilia including their taxonomic successors, subspecies, or any hybrid
thereof, regardless of surgical alteration, determined to have the potential to
cause serious human injury due to the toxic effects of its venom or poison.
Including all venomous reptiles of the class Reptilia belonging to the families
Elapidae, Crotalidae, Viperidae, and Hydrophiidae; all reptiles in the genus
Heloderma; and all reptiles in the family Colubridae belonging
to the genera: Rhabdophis, Boiga, Dispholidus, Thelatornis, and
Atractapsis.
(90) Wild hog
- A hog that is free-roaming and which cannot be legally claimed as a domestic
hog in private ownership.
(91)
Wildlife - All wild or non-domestic birds, mammals, fur-bearing animals,
reptiles and amphibians.
(92)
Wildlife and environmental area - Endangered or environmentally unique habitats
which shall have as their primary management objective the protection and
conservation of their endangered or unique resources. Outdoor recreation will
be specifically provided for in regulations established for each area when such
use does not conflict with the primary management objectives.
(93) Wildlife management area - An area of
private or public ownership established for the management of wildlife or
freshwater fish on which hunting, fishing or other outdoor recreation may be
permitted only at such times and under such regulations as are specifically
provided for each individual area.
Wildlife management area - Such an area upon which the users are subject to the management area stamp requirements of Section 379.354, F.S., excluding lands owned by the United States of America, Department of Defense.
(94) Wildlife refuge - An area within which
the taking of wildlife is prohibited and the taking of freshwater fish is
prohibited when so provided by the order establishing the refuge.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
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