Fla. Admin. Code Ann. R. 68B-8.002 - Definitions
As used in Chapter 68B-8, F.A.C.:
(1) "Anadromous" means species of fish that
live in sea waters and migrate to fresh or estuarine waters to spawn.
(2) "Atlantic Region" for purposes of a Snook
SAL, means all or part of counties encompassed by the St. Johns Water
Management District and the South Florida Water Management District, except
Charlotte County, Collier County, Glades County, Hendry County, Highlands
County, Lee County, and Monroe County.
(3) "Broodstock" means any wild or captive
marine organism of any life stage collected or held for propagation.
(4) "Captivity" means when a marine organism
at any life stage is held in a controlled or selected environment that has
boundaries designed to prevent such organism from entering or leaving the
controlled environment.
(5)
"Catadromous" means species of fish that live in fresh or estuarine waters and
migrate to sea waters to spawn.
(6)
"Certified aquaculture facility" means a facility that has a valid aquaculture
certificate of registration issued pursuant to Section
597.004, F.S., and is
constructed and maintained in accordance with Aquaculture Best Management
Practices, Rule 5L-3.004, F.A.C.
(7) "Educational purpose" means an activity
that uses marine organisms to identify or interpret some aspect of an
organism's taxonomy, behavior, physiology, or ecology; to conduct laboratory
activities; to provide instruction on field techniques; or to explain marine
resource management issues to individuals formally enrolled in an instructional
setting.
(8) "Estuarine" means the
part of a river or stream or other body of water having unimpaired connection
with the open sea, where the sea water is measurably diluted with fresh water,
and extending upstream to where ocean-derived salts measure less than 0.5 parts
per thousand.
(9) "Exhibitional
purpose" means an activity that uses marine organisms for the primary purpose
of display in a facility open to the general public on a scheduled basis, and
whose operational activities have a marine related component.
(10) "FMSEA Certification" means
documentation validating a person's completion of the Florida Marine Science
Educators Association Aquatic Species Collection workshop.
(11) "Genetic conservation unit" or "GCU"
means a specific population, group of populations, or habitat(s) designated to
preserve or maintain genetic diversity, evolutionary potential, and adaptive
capacity of a species and/or subspecies.
(12) "Gulf Region" for purposes of a Snook
SAL, means Charlotte County, Collier County, Glades County, Hendry County,
Highlands County, Lee County, Monroe County, and all or part of counties
encompassed by the Southwest Florida Water Management District, the Suwanee
River Water Management District, and the Northwest Florida Water Management
District.
(13) "Hard bottom" means
any living natural or artificial reef (including coral reefs, oyster reefs, and
worm reefs) or varying biological assemblage of marine organisms attached to
hard substrate.
(14) "Harvest" or
"collect" means the catching, taking, or molesting of a marine organism by any
means whatsoever, followed by a reduction of such organism or part thereof to
possession. A marine organism that is caught and immediately returned to the
water free, alive, and unharmed is not harvested.
(15) "Marine organism" means an organism that
has a natural portion of its life cycle that is dependent upon marine or
estuarine waters, including anadromous and catadromous organisms and plants but
excluding striped bass (Morone saxatilis), American eels
(Anguilla rostrata), marine reptiles, marine mammals, and
birds.
(16) "Marine turtle permit"
means a permit issued pursuant to Section
379.2431, F.S., and Chapter
68E-1, F.A.C.
(17) "Mitigation"
means an action that is taken to avoid, minimize or offset potential negative
effects of an activity.
(18)
"Nonprofit corporation" means a corporation that is designated as non-profit
pursuant to 26 U.S.C.
501(c)3 and
has a current letter of determination of tax exempt status.
(19) "Nursery" means a land or water-based
central location where holding, propagation, grow out (rearing), acclimation,
staging, or restoration research activities occur.
(20) "Organism of opportunity" means a marine
organism that has become available for rescue from a construction project area
or an area that has been physically damaged, or through natural processes,
strandings, or unknown events.
(21)
"Outplanting" or "seeding" means the removal of a marine organism from any
nursery or temporary holding location, and placing such organism into any
in-water location outside of an in-water nursery or in-water temporary holding
location.
(22) "Person" means an
individual, firm, entity, or corporation.
(23) "Prohibited species" means a marine
organism for which harvest, possession, or sale is prohibited in Title 68,
F.A.C., or Chapter 379, F.S.
(24)
"Release" means the introduction, liberation, outplanting, placement,
reintroduction, relocation, stocking, transfer, translocation, or
transplantation of any marine organism into or within any in-water
location.
(25) "Relocation" means
the movement of a marine organism at any life stage from an in-water location
to another in-water location, but excludes outplanting and transfer.
(26) "Restoration" means any activity
designed and implemented to cause or assist in the recovery of growth,
sustainability, or viability for populations negatively affected by natural or
human-caused impacts.
(27)
"Scientific research" means an activity that uses marine organisms to conduct
one or more of the following:
(a) Research
activity that involves the application of rigorous, systematic, and objective
procedures of observation, measurement, and experiment to obtain reliable and
pertinent data using an experimental design, controls, and data analysis to
test a stated hypothesis.
(b)
Monitoring activity that involves making technical and scientific observations
as a means of gathering data according to a predetermined study plan.
(28) "Snook" means any fish of the
genus Centropomus, or any part thereof.
(29) "Special Activity License" or "SAL"
means a license issued pursuant to Chapter 68B-8, F.A.C.
(30) "Tag" means any internal or external
device or other marking, placed in or on an organism for the purpose of
identification.
(31) "Third party
contractor" is an entity that is paid for services rendered to collect or
transport marine organisms on behalf of an SAL holder, or paid to provide
expertise as an agent or consultant for the collection or transport of marine
organisms on behalf of an SAL holder. Salaried staff or faculty, non-salaried
volunteers, students, interns, or visiting principal investigators who do not
receive monetary compensation for their collection assistance are not third
party contractors.
(32) "Transfer,"
when used in reference to the possession of a marine organism, means the
physical conveyance of a marine organism between entities or
nurseries.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 7-1-04, Amended 11-19-09.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) "Anadromous " means species of fish that live in sea waters and migrate to fresh or estuarine waters to spawn.
(2) "Atlantic Region " for purposes of a Snook SAL , means all or part of counties encompassed by the St. Johns Water Management District and the South Florida Water Management District, except Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, and Monroe County.
(3) "Bred in Captivity " or "Captive Bred " refers to eggs or organisms, born or otherwise produced in captivity from broodstock that mated or otherwise transferred gametes in captivity (if reproduction is sexual), or from broodstock that were in captivity when development of the progeny began (if development is asexual).
(4) "Broodstock " means sexually mature organisms of both genders capable of producing gametes or offspring now or in the future for artificial cultivation purposes. Broodstock includes organisms captured to conduct immediate source spawning or for long-term retention.
(5) "Captivity " means when eggs or live organisms are held in a controlled or selected aquatic environment that has boundaries designed to prevent such eggs or live organisms from entering or leaving the controlled environment.
(6) "Catadromous " means species of fish that live in fresh or estuarine waters and migrate to sea waters to spawn.
(7) "Certified aquaculture facility " means a facility that has a valid aquaculture certificate of registration issued by DOACS pursuant to Section 597.004, F.S., and is constructed and maintained in accordance with Aquaculture Best Management Practices, Rule 5L-3.004, F.A.C.
(8) "DOACS " means Department of Agriculture and Consumer Services.
(9) "Educational purpose " means an activity that uses marine organisms to identify or interpret some aspect of an organism's taxonomy, behavior, physiology, or ecology; to conduct laboratory activities; to provide instruction on field techniques; or to explain marine resource management issues to individuals formally enrolled in an instructional setting.
(10) "Estuarine " means the part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water, and extending upstream to where ocean-derived salts measure less than 0.5 parts per thousand.
(11) "Exhibitional purpose " means an activity that uses marine organisms for the primary purpose of display in a facility open to the general public on a scheduled basis, and whose operational activities have a marine related component.
(12) "FMSEA Certification " means documentation validating the completion of the Florida Marine Science Educators Association workshop.
(13) "Gulf Region " for purposes of a Snook SAL , means Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, Monroe County, and all or part of counties encompassed by the Southwest Florida Water Management District, the Suwanee River Water Management District, and the Northwest Florida Water Management District.
(14) "Hard bottom " means any living natural or artificial reef (including coral reefs, oyster reefs, and worm reefs) or varying biological assemblages of marine organisms attached to hard substrate.
(15) "Harvest " means the catching, taking, or molesting of a marine organism by any means whatsoever, followed by a reduction of such organism or part thereof to possession . A marine organism that is caught and immediately returned to the water free, alive, and unharmed is not harvested.
(16) "Marine organism" means an organism, including anadromous and catadromous organisms and plants, that has a natural portion of its life cycle that is dependent upon marine or estuarine waters, but excluding striped bass ( Morone saxatilis ), American eels ( Anguila rostrata ), non-living shells, marine reptiles, marine mammals, and birds.
(17) "Marine turtle permit " means a permit issued pursuant to Section 379.2431, F.S., and Chapter 68E-1, F.A.C.
(18) "Nonprofit corporation " means a corporation that is designated as non-profit pursuant to 26 U.S.C. 501(c)3 and has a current letter of determination of tax exempt status.
(19) "Person " means an individual, firm, entity, or corporation.
(20) "Prohibited species " means a marine organism for which harvest , possession , or sale is prohibited in Title 68, F.A.C., or Chapter 379, F.S.
(21) "Scientific research " means an activity that uses marine organisms to conduct one or more of the following:
(a) Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data using an experimental design, controls, and data analysis to test a stated hypothesis.
(b) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.
(c) Restoration activity that facilitates mitigation or recovery of hard bottom marine organisms and includes subsequent monitoring to measure the success of the restoration effort. Restoration activities do not include oyster relay activities authorized pursuant to Section 597.010, F.S.
(22) "Snook " means any fish of the genus Centropomus, or any part thereof.
(23) "Special Activity License " or "SAL " means a license issued pursuant to Chapter 68B-8, F.A.C.
(24) "Stock enhancement " means the process of releasing many organisms into a self-sustaining, naturally reproducing population of the same native species, in order to increase the number of breeders in that population. Stock enhancement represents an attempt to offset harvesting pressure or to expand stock size based upon a presumed underutilized carrying capacity of the environment.
(25) "Stock restoration " means the captive breeding and release of marine organisms to maintain or re-establish the demographic stability and biological diversity of a non self-sustaining (inviable) or locally extirpated natural population (stock) until such time that a naturally self-sustaining stock can be re-established.
(26) "Third party contractor " is an entity that is paid for services rendered to collect or transport marine organisms on behalf of a SAL holder, or paid to provide expertise as an agent or consultant for the collection or transport of marine organisms on behalf of a SAL holder. Salaried staff or faculty, non-salaried volunteers, students, interns, or visiting principle investigators who do not receive monetary compensation for their collection assistance are not third party contractors.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 7-1-04, Amended 11-19-09.