68E-5.001. Introduction, Scope, and Definitions

(1) The Fish and Wildlife Conservation Commission is charged with the promulgation of rules to conserve and manage the marine fishery resources of Florida. These rules must be consistent with certain standards as prescribed by law to include: concern for the continued health and abundance of the resource; measures based upon the best information available, including biological, sociological, economic, and other information deemed relevant; reasonable means and quantities for annual harvest, consistent with maximum practical sustainable stock abundance on a continuing basis; management of stocks of fish as a biological unit as possible and practical; proper quality control of marine resources that enter commerce; management decisions that are fair and equitable to all the people of the state. The Fish and Wildlife Conservation Commission, through its Divisions of Marine Fisheries and Law Enforcement must maintain a marine fisheries information system that can provide the data necessary to apply the above standards to management decisions. As part of these responsibilities, the Commission requires that licensed wholesale dealers maintain records of each purchase of saltwater fish, saltwater products, bait, or marine life from a producer in such detail as required by implementation and administration of this chapter. This chapter sets out the requirements for record keeping, the detail of such records, forms to be used, submission of records to the Commission, penalties for noncompliance, and other requirements.

(2) For the purpose of this chapter, the definitions contained in Sections 379.101, 379.362, F.S., and the following definitions apply:

(a) “Marine Life” – any saltwater fish, saltwater products, or shellfish collected for the purpose of supplying live specimens for public, educational, or hobby aquaria or preserved specimens for scientific or educational institutions.

(b) “Bait” – any saltwater fish, saltwater products, or shellfish used as a lure, attractant, or enticement for the purpose of catching other fish or shellfish.

(c) “Person” – includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(d) “Producer” – any person who catches and lands saltwater fish, saltwater products, bait, or marine life from any waters of the State of Florida, contiguous saltwaters of the Exclusive Economic Zone, or international waters.

(e) “Production” – catching or otherwise obtaining saltwater fish, saltwater products, bait, or marine life from the waters of the State of Florida, contiguous waters of the Exclusive Economic Zone, or international waters, for the purpose of sale, barter, exchange or distribution.

(f) “Marine Fisheries Trip Ticket” – The multiple-part form (FWC 33-610, which is hereby incorporated by reference) provided by the Commission to wholesale dealers and others who are required to report the purchase or production of saltwater fish, saltwater products, bait, or marine life pursuant to Section 379.362, F.S., and this chapter.

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.01, 16B-45.001, 16R-13.001, Amended 12-31-89, Formerly 16R-5.001, 62R-5.001.