Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-13 - STONE CRABS › Section 68B-13.0015 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The term "stone crab" for purposes of
				this chapter and Section
				379.365, F.S., means any
				crustacean of the species
Menippe mercenaria
or
Menippe adina
or their interbreeding hybrids, or any part of
				such crustacean.
(2) As used in
				this rule chapter:
(a) "A1-certificates" are
				trap certificates that have never been transferred from the original
				certificate holder.
(b)
				"A2-certificates" are trap certificates that have been transferred to or from
				an immediate family member for which no surcharge was collected.
(c) "Active certificates" are those
				certificates for which all license fees, certificate fees, transfer fees and
				surcharges have been paid in full and are current, and the holder's saltwater
				products license (SPL) and stone crab endorsement (X-number) are not
				inactive.
(d) "Allotted
				certificates" and "allocated certificates" mean the number of stone crab trap
				certificates assigned to an individual certificate holder and maintained by the
				Commission after the initial allocation is established for an individual
				saltwater products license number with a stone crab endorsement. The
				certificate balance is that number of certificates as adjusted to reflect
				lawful transfer of certificates into or out of the certificate holder's trap
				certificate account and other adjustments as are lawful and otherwise
				authorized under the program.
(e)
				"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.
(f)
				"Certificate holder" is the individual who holds a valid saltwater products
				license with a current stone crab endorsement and received an initial allotment
				of trap certificates or obtained trap certificates from another trap
				certificate holder, or otherwise lawfully acquired trap certificates and these
				certificates are assigned to his/her saltwater products license/stone crab
				endorsement. The certificates may be active or inactive.
(g) "Checker box" means a container used to
				temporarily possess whole stone crabs on board a vessel at sea for the purpose
				of determining compliance with size requirements.
(h) "Escape ring" means an opening created
				within a stone crab trap that is intended to allow bycatch and undersized stone
				crabs to escape.
(i) "Fair Market
				Value" means the actual price paid for each certificate by the transferee to
				the transferor.
(j) "Harvest" means
				the catching or taking of a stone crab by any means whatsoever, followed by a
				reduction of such stone crab to possession. Stone crabs caught but immediately
				returned to the water free, alive, and unharmed, temporarily possessed to
				determine compliance with size requirements or removed claws, or stored aboard
				a vessel temporarily until claws are removed as authorized by subsection
				68B-13.007(3),
				F.A.C., are not harvested.
(k)
				"Harvest for commercial purposes" means the taking or harvesting of stone crabs
				for purposes of sale, barter, trade or exchange or with intent to sell, barter,
				trade or exchange or in excess of the recreational bag limit.
(l) The term "immediate family" for purposes
				of this chapter and Section
				379.365, F.S., refers to an
				endorsement or certificate holder's mother, father, sister, brother, spouse,
				son, daughter, step-father, step-mother, step-son, step-daughter, half-sister,
				or half-brother.
(m) "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 outstanding license fees, certificate fees or penalty
				assessments and/or the certificate holder's saltwater products license, stone
				crab endorsement, or other required licenses, endorsements or authorizations
				are otherwise under suspension, revocation or inactive.
(n) "Incidental take endorsement" means an
				identification number stamped on a saltwater products license, showing that the
				holder of the license is authorized to harvest a limited amount of stone crab
				claws for commercial purposes as specified in subsection
				68B-13.010(5),
				F.A.C. Such endorsement shall only be valid when used in conjunction with a
				crawfish or blue crab endorsement; also known as an "I-number."
(o) "Initial allocation" of certificates
				means those certificates assigned to an eligible individual pursuant to
				paragraph 68B-13.010(2)(a),
				F.A.C.
(p) "Issued certificates"
				means those certificates which have been paid for, are current, and are
				assigned to a saltwater products license/stone crab endorsement
				account.
(q) "Passive reduction"
				means a decrease in the number of stone crab trap tags, and thus authorized
				traps, through a reduction in the total number of trap certificates available
				to the fishery incorporated into the trap certificate transfer process pursuant
				to subsection 68B-13.010(3),
				F.A.C.
(r) "Stone crab endorsement"
				means an identification number stamped on a saltwater products license showing
				that the holder of the license is authorized to harvest stone crabs for
				commercial purposes; also known as an "X-number."
(s) "Stone crab trap" is any device or gear,
				as defined in Rule 68B-13.008, F.A.C., which is
				used to aid in the taking of stone crab. Only authorized stone crab traps may
				be used, and trap tags obtained from trap certificate allocations do not create
				any authorization whatsoever to use any gear not otherwise lawful to use or aid
				in the taking of stone crab.
(t)
				"Transferred certificates" means those certificates that have changed ownership
				pursuant to subsection
				68B-13.010(3),
				F.A.C.
(u) "Trap certificate
				transfer" is the process whereby ownership of a specified number of
				certificates is changed by the Commission from one person to another pursuant
				to subsection 68B-13.010(3),
				F.A.C.
(v) "Trap tag" is a
				physical, durable, annual stone crab trap identification and authorization
				label, furnished by the Commission to the certificate holder. One trap tag is
				issued for each active trap certificate held.
(w) "Untreated pine" means raw pine wood that
				has not been treated with any preservative or pine wood that has been pressure
				treated with no more than 0.40 pounds of chromated copper arsenate (CCA)
				compounds per cubic foot of wood.
(x) "X-number" is another term for stone crab
				endorsement; derived from the letter "X, " which when used with a number on a
				saltwater products license, represents the license holder's stone crab
				endorsement.