Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-24 - SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER › Section 68B-24.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Artificial habitat" means any material
				placed in the waters of the state that is reasonably suited to providing cover
				and habitat for spiny lobster. Such material may be constructed of, but is not
				limited to, wood, metal, fiberglass, concrete, or plastic, or any combination
				thereof, and may be fabricated for this specific purpose or for some other
				purpose. The term does not include fishing gear allowed by rule of the
				Commission, legally permitted structures, or artificial reef sites constructed
				pursuant to permits issued by the United States Army Corps of Engineers or by
				the Florida Department of Environmental Protection.
(2) "Biscayne National Park" means all state
				waters lying within the boundaries of Biscayne National Park, a legal
				description of which can be found in Rule
				68B-2.001, F.A.C.
(3) "Bully net" means a circular frame
				attached at right angles to the end of a pole and supporting a conical bag of
				webbing. The webbing is usually held up by means of a cord which is released
				when the net is dropped over a lobster.
(4) "Commercial harvester" means a person who
				holds a valid crawfish license or trap number, lobster trap certificates if
				traps are used to harvest spiny lobster, or a valid commercial dive permit if
				harvest is by diving, or a valid bully net permit if harvest is by bully net,
				and a valid saltwater products license with a restricted species endorsement
				issued by the Fish and Wildlife Conservation Commission.
(5) "Diving" means swimming at or below the
				surface of the water.
(6) "Harvest"
				means the catching or taking of spiny lobster by any means whatsoever, followed
				by a reduction of such spiny lobster to possession. Spiny lobster that are
				caught but immediately returned to the water free, alive and unharmed are not
				harvested. In addition, temporary possession of a spiny lobster for the purpose
				of measuring it to determine compliance with the minimum size requirements of
				this chapter shall not constitute harvesting such lobster, provided that it is
				measured immediately after taking, and immediately returned to the water free,
				alive and unharmed if undersized.
(7) "Hoop net" means a frame, circular or
				otherwise, supporting a shallow bag of webbing and suspended by a line and
				bridles. The net is baited and lowered to the ocean bottom, to be raised
				rapidly at a later time to prevent the escape of lobster.
(8) "Immediate family" refers to a commercial
				harvester'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.
(9)
				"Land, " when used in connection with the harvest of a spiny lobster, means the
				physical act of bringing the harvested lobster ashore.
(10) "Lobster trap certificates" means those
				certificates allotted by the Fish and Wildlife Conservation Commission pursuant
				to Section 379.3671(2),
				F.S.
(11) "Person" means any
				natural person, firm, entity, or corporation.
(12) "Recreational harvester" means any
				person other than a commercial harvester.
(13) "Spiny lobster" or "crawfish" means any
				crustacean of the species
Panulirus argus
, or any part
				thereof.
(14) "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.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.361
New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95,
					 Formerly 46-24.002, Amended 7-7-03, 4-1-04, 7-1-08, 7-1-15,
					 5-1-17.