68B-8.002. Definitions

(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.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09.