68B-42.002. Definitions

As used in this rule chapter:

(1) “Barrier net,” also known as a “fence net,” means a seine used beneath the surface of the water by a diver to enclose and concentrate tropical fish and which may be made of either nylon or monofilament.

(2) “Colony” means a continuous group of octocoral polyps forming a single unit.

(3) “Commercial quantities” means any amount of marine life harvested or possessed for the purposes of sale or with intent to sell or in excess of the recreational bag limit.

(4) “Diving” means swimming at or below the surface of the water.

(5) “Drop net” means a small, usually circular, net with weights attached along the outer edge and a single float in the center, used by a diver to enclose and concentrate tropical fish.

(6) “Fork Length” means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail.

(7) “Hand held net” means a landing or dip net as defined in subsection 68B-4.002(4), F.A.C., except that a portion of the bag may be constructed of clear plastic material, rather than mesh.

(8) “Harvest” means the catching or taking of a marine organism by any means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a marine animal for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such animal, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize.

(9) “Harvest for commercial purposes” means the taking or harvesting of any tropical ornamental marine life species or tropical ornamental marine plant for purposes of sale or with intent to sell. The harvest of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limit shall constitute a violation of this rule.

(10) “Immediate family” refers to a license holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(11) “Land,” when used in connection with the harvest of marine organisms, means the physical act of bringing the harvested organism ashore.

(12) “Live rock” means rock with living marine organisms attached to it and includes any formations created by tube worms of the family Sabellariidae.

(13) “Octocoral” means any erect, nonencrusting species of the Subclass Octocorallia, except the species Gorgonia flabellum and Gorgonia ventalina.

(14) “Power tool” means anything other than a hand-powered tool. Prohibited devices include but are not limited to electric, gas, hydraulic or air-powered tools.

(15) “Slurp gun” means a self-contained, handheld device that captures tropical fish by rapidly drawing seawater containing such fish into a closed chamber.

(16) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(17) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom. “Roller frame trawl” means a trawl with all of the following features and specifications:

(a) A rectangular rigid frame to keep the mouth of the trawl open while being towed.

(b) The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any obstructions while being towed.

(c) The trawl opening is shielded by a grid of vertical bars spaced no more than 3 inches apart.

(d) The trawl is towed by attaching a line or towing cable to a tongue located above or at the center of the upper horizontal beam of the frame.

(e) The trawl has no doors attached to keep the mouth of the trawl open.

(18) “Tropical fish” means any species included in subsection (2) of Rule 68B-42.001, F.A.C., or any part thereof.

(19) “Tropical ornamental marine life species” means any species included in subsection (2) or (3) of Rule 68B-42.001, F.A.C., or any part thereof.

(20) “Tropical ornamental marine plant” means any species included in subsection (4) of Rule 68B-42.001, F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.002, Amended 2-1-05, 7-1-06, 7-1-09, 10-31-11, 11-1-12.