Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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.
New 5-16-95, Formerly 62R-18.002, Amended 7-1-01, 4-11-04,
					 7-15-04, 5-1-11, 4-17-18.