Fla. Admin. Code Ann. R. 68B-13.0015 - Definitions

(1) The term "stone crab" for purposes of this chapter and Section 379.365, F.S., means any crustacean of the species Menippe mercenaria or Menippe adina or their interbreeding hybrids, or any part of such crustacean.

(2) As used in this rule chapter:

(a) "A1-certificates" are trap certificates that have never been transferred from the original certificate holder.

(b) "A2-certificates" are trap certificates that have been transferred to or from an immediate family member for which no surcharge was collected.

(c) "Active certificates" are those certificates for which all license fees, certificate fees, transfer fees and surcharges have been paid in full and are current, and the holder's saltwater products license (SPL) and stone crab endorsement (X-number) are not inactive.

(d) "Allotted certificates" and "allocated certificates" mean the number of stone crab trap certificates assigned to an individual certificate holder and maintained by the Commission after the initial allocation is established for an individual saltwater products license number with a stone crab endorsement. The certificate balance is that number of certificates as adjusted to reflect lawful transfer of certificates into or out of the certificate holder's trap certificate account and other adjustments as are lawful and otherwise authorized under the program.

(e) "B-certificates" are trap certificates that have been transferred outside a trap certificate holder's immediate family and for which a surcharge is due or has been collected.

(f) "Certificate holder" is the individual who holds a valid saltwater products license with a current stone crab endorsement and received an initial allotment of trap certificates or obtained trap certificates from another trap certificate holder, or otherwise lawfully acquired trap certificates and these certificates are assigned to his/her saltwater products license/stone crab endorsement. The certificates may be active or inactive.

(g) "Checker box" means a container used to temporarily possess whole stone crabs on board a vessel at sea for the purpose of determining compliance with size requirements.

(h) "Escape ring" means an opening created within a stone crab trap that is intended to allow bycatch and undersized stone crabs to escape.

(i) "Fair Market Value" means the actual price paid for each certificate by the transferee to the transferor.

(j) "Harvest" means the catching or taking of a stone crab by any means whatsoever, followed by a reduction of such stone crab to possession. Stone crabs caught but immediately returned to the water free, alive, and unharmed, temporarily possessed to determine compliance with size requirements or removed claws, or stored aboard a vessel temporarily until claws are removed as authorized by subsection 68B-13.007(3), F.A.C., are not harvested.

(k) "Harvest for commercial purposes" means the taking or harvesting of stone crabs for purposes of sale, barter, trade or exchange or with intent to sell, barter, trade or exchange or in excess of the recreational bag limit.

(l) The term "immediate family" for purposes of this chapter and Section 379.365, F.S., refers to an endorsement or certificate holder's mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, or half-brother.

(m) "Inactive Certificates" are those certificates which are allocated to a certificate holder but are not available for transfer or issuance of trap tags because the certificate holder has outstanding license fees, certificate fees or penalty assessments and/or the certificate holder's saltwater products license, stone crab endorsement, or other required licenses, endorsements or authorizations are otherwise under suspension, revocation or inactive.

(n) "Incidental take endorsement" means an identification number stamped on a saltwater products license, showing that the holder of the license is authorized to harvest a limited amount of stone crab claws for commercial purposes as specified in subsection 68B-13.010(5), F.A.C. Such endorsement shall only be valid when used in conjunction with a crawfish or blue crab endorsement; also known as an "I-number."

(o) "Initial allocation" of certificates means those certificates assigned to an eligible individual pursuant to paragraph 68B-13.010(2)(a), F.A.C.

(p) "Issued certificates" means those certificates which have been paid for, are current, and are assigned to a saltwater products license/stone crab endorsement account.

(q) "Passive reduction" means a decrease in the number of stone crab trap tags, and thus authorized traps, through a reduction in the total number of trap certificates available to the fishery incorporated into the trap certificate transfer process pursuant to subsection 68B-13.010(3), F.A.C.

(r) "Stone crab endorsement" means an identification number stamped on a saltwater products license showing that the holder of the license is authorized to harvest stone crabs for commercial purposes; also known as an "X-number."

(s) "Stone crab trap" is any device or gear, as defined in Rule 68B-13.008, F.A.C., which is used to aid in the taking of stone crab. Only authorized stone crab traps may be used, and trap tags obtained from trap certificate allocations do not create any authorization whatsoever to use any gear not otherwise lawful to use or aid in the taking of stone crab.

(t) "Transferred certificates" means those certificates that have changed ownership pursuant to subsection 68B-13.010(3), F.A.C.

(u) "Trap certificate transfer" is the process whereby ownership of a specified number of certificates is changed by the Commission from one person to another pursuant to subsection 68B-13.010(3), F.A.C.

(v) "Trap tag" is a physical, durable, annual stone crab trap identification and authorization label, furnished by the Commission to the certificate holder. One trap tag is issued for each active trap certificate held.

(w) "Untreated pine" means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

(x) "X-number" is another term for stone crab endorsement; derived from the letter "X, " which when used with a number on a saltwater products license, represents the license holder's stone crab endorsement.

Notes

Fla. Admin. Code Ann. R. 68B-13.0015

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 8-25-87, Amended 10-4-95, Formerly 46-13.0015, Amended 7-1-00, 7-22-01, Amended by Florida Register Volume 46, Number 185, September 22, 2020 effective 10/1/2020, Amended by Florida Register Volume 49, Number 234, December 5, 2023 effective 12/18/2023.

New 8-25-87, Amended 10-4-95, Formerly 46-13.0015, Amended 7-1-00, 7-22-01, 10-1-20, 12-18-23.