Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-35 - POMPANO, AFRICAN POMPANO, AND PERMIT › Section 68B-35.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "African pompano" means any fish of the
				species Alectis ciliaris, or any part thereof.
(2) "Fishing pier" means a platform extending
				from shore over water, used primarily to provide a means for persons to harvest
				or attempt to harvest fish therefrom. The term shall not be construed to
				include any residential dock, marina, or facility at which vessels are launched
				or moored, but shall include any abandoned bridge serving the function of a
				fishing pier.
(3) "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.
(4) "Harvest" means the catching or taking of
				a fish by any means whatsoever, followed by a reduction of such fish to
				possession. Fish that are caught but immediately returned to the water free,
				alive, and unharmed are not harvested. In addition, temporary possession of a
				fish for the purpose of measuring it to determine compliance with the minimum
				or maximum size requirements of this chapter shall not constitute harvesting
				such fish, provided that it is measured immediately after taking, and
				immediately returned to the water free, alive, and unharmed if undersize or
				oversize.
(5) "Harvest for
				commercial purposes" means the taking or harvesting of fish for purposes of
				sale, barter, trade, or exchange, or with intent to sell, barter, trade, or
				exchange, or in excess of established bag limit.
(6) "Land, " when used in connection with the
				harvest of a fish, means the physical act of bringing the harvested fish
				ashore.
(7) "Permit" means any fish
				of the species
Trachinotus falcatus
, or any part
				thereof.
(8) "Person" means any
				natural person, firm, entity or corporation.
(9) "Pompano" means any fish of the species
Trachinotus carolinus
, or any part thereof.
(10) "Pompano Endorsement Zone" means federal
				Exclusive Economic Zone (EEZ) waters lying between 25°09' North Latitude
				(Cape Sable) and 26°00' North Latitude (Hurricane Pass in Collier County)
				in the Gulf of Mexico.
(11)
				"Recreational harvester" means any person, other than a person harvesting for
				commercial purposes, who harvests fish within or without state
				waters.
(12) "Snagging" or "snatch
				hooking" means the intentional catching of a fish by any device intended to
				impale or hook the fish in any part of its body other than the mouth.
(13) "Spearing" means the catching or taking
				of a fish by bow hunting, gigging, spearfishing, or by any device used to
				capture a fish by piercing the body. Spearing does not include the catching or
				taking of a fish by a hook with hook and line gear or by snagging (snatch
				hooking).
(14) "Special Permit
				Zone" means state and adjacent federal Exclusive Economic Zone (EEZ) waters
				lying south of a line running due east from Cape Florida at 25° 40' North
				Latitude, waters of Biscayne Bay south of Rickenbacker Causeway, and state and
				adjacent federal EEZ waters lying south of a line just south of Cape Sable
				running due west through federal waters at 25° 09' North
				Latitude.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-89, Amended 1-1-96, Formerly 46-35.002, Amended
					 1-1-04, 8-29-11, 4-13-17.