68E-18.002. Definitions

(1) “A1-certificates” are trap certificates that have never been transferred from the original certificate holder.

(2) “A2-certificates” are trap certificates that have been transferred to or from an immediate family member for which no surcharge has been collected.

(3) “Active Certificates” are those certificates for which all licenses, certificate fees, and surcharges have been paid in full and are current, and the holder’s Saltwater Product License (SPL), Crawfish Endorsement (C-number), and certificates are not inactive.

(4) “Allotted certificates” and “allocated certificates” mean the number of lobster trap certificates assigned to an individual certificate holder and maintained by the Commission after the initial allocation is established for an individual SPL number with a C-number. The certificate balance is that number of certificates as adjusted from time to time by program reductions pursuant to Fish and Wildlife Conservation Commission (FWC) rule, lawful acquisition or transfer of certificates to or from other certificate holders, and other adjustments as are lawful or otherwise appropriate under the program.

(5) “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.

(6) “C-number” refers to the Crawfish Endorsement on a SPL.

(7) “Certificate holder” is an individual who holds a valid SPL with a current C-number and who received an initial allotment of trap certificates, or obtained trap certificates transferred from another trap certificate holder, or otherwise has acquired trap certificates and these certificates are assigned to his or her SPL/C-number. The certificates may be active or inactive.

(8) “Commission” means the Fish and Wildlife Conservation Commission.

(9) “Fair market value” means the actual price paid for each certificate.

(10) “Immediate Family” for purposes of the Lobster Trap Certificate Program means mother, father, sister, brother, spouse, son, daughter, step-son, step-daughter, step-father, step-mother, half sister, half brother, son-in-law, or daughter-in-law of the individual certificate holder.

(11) “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 not paid all required license fees, certificate fees, and surcharges and/or the certificate holder’s SPL, C-number, or other required licenses, endorsements or authorizations are otherwise under suspension, revocation, or inactive.

(12) “Initial allocation” of certificates is the number of certificates established in 1993 for SPL/C-number holders at the beginning of the Lobster Trap Certificate Program based on the best benchmark year landings made by that licenseholder.

(13) “Issued Certificates” means those certificates which have been paid for, are current, and are assigned to an SPL/C-number account.

(14) “Lobster trap” is any device or gear, as defined in Rule 68B-24.006, Florida Administrative Code (F.A.C.), which is used to aid in the taking of lobster. Only authorized lobster traps may be used, and trap tags obtained from trap certificate allocations may only be affixed to authorized lobster traps. The use of a trap tag does not create any authorization whatsoever to use any gear not otherwise lawful to use or aid in the taking of lobster.

(15) “Spiny lobster” or “crawfish” or “lobster” means any crustacean of the species Panulirus argus, or any part thereof.

(16) “Standardized trap reduction” and “annual trap reduction” means the 4 percent annual trap reduction established pursuant to Rule 68B-24.009, F.A.C.

(17) “Transferred certificates” means a change in title from one certificate holder to another SPL and C-number holder. A transfer is a final transaction and is accomplished by submittal of a completed application, payment of all necessary fees, recording of the transfer in the Commission records, and documentation of the transfer furnished to the previous and new owner of the certificates.

(18) “Trap reduction schedule” means the reduction schedule established by the FWC in Rule 68B-24.009, F.A.C., as provided for in Section 379.3671(3), F.S.

(19) “Trap tag” or “lobster trap tag” is a physical, durable, annual lobster trap identification and authorization label, furnished annually by the Commission to the certificate holder. One trap tag may be obtained by the certificate holder for each trap certificate held. The trap tag must be firmly affixed to the lobster trap each fishing season in order to place the trap in the water and use the trap to aid in the taking of lobster.

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Formerly 62R-18.002, Amended 7-1-01, 4-11-04, 7-15-04, 5-1-11, 4-17-18.