68-5.002. Definitions

(1) Closed tank system – enclosed recirculating systems having no water discharge, or systems having water discharge through a closed drain system, or other system designed to prevent discharge of water containing adults, juveniles, eggs, or disease vectors from the permittee’s property.

(2) Commercial import or export business – a business whose activity includes the commercial purchase, sale, or trade through importing and/or exporting nonnative fish and wildlife.

(3) Educational exhibit – an organized presentation or display of a nonnative fish or wildlife species along with a selection of educational materials to include interpretive signs, presentations, brochures, handouts, or other materials which impart knowledge about the displayed species. Such materials shall include information about the species’ range, habitat, biology, and threats the species poses to Florida’s ecology, economy, or human health and safety.

(4) Eradication and Control – a targeted, systematic effort to remove an entire population of a nonnative species or to contain or otherwise manage the population of an invasive species so as to minimize its spread and impacts.

(5) Escape-proof – all potential escape routes, to include but not limited to drains, gates, windows, vents, gaps, cracks and doors, are secured in a manner to prevent escape.

(6) Export – to depart from, to send from, to ship from, or to carry out of, or attempt to depart from, send from, ship from, or carry out of, or to consign to a carrier any nonnative fish or wildlife species in any place in Florida with an intended destination of any place outside of Florida.

(7) Import – to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce any nonnative fish or wildlife species into any place subject to the jurisdiction of the State of Florida.

(8) Personal possession – possession of fish or wildlife maintained in captivity for personal use or enjoyment.

(9) Public aquaria – permanent, fixed aquaria in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(10) Public exhibitor – a permanent, fixed facility in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, either through scheduled tours or general admission, with or without a fee.

(11) Public zoological park – a permanent, fixed zoological park in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(12) Research – means any activity that uses nonnative 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 or management activity that facilitates the control or removal of nonnative fish or wildlife species and includes subsequent monitoring to measure the success of the effort.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10, 8-23-10, 3-14-17, 12-27-18, 5-2-19, 4-29-21.