reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.103 - Minimum Requirements for Training Facilities and Instructors

Current through Reg. 50, No. 138; July 16, 2024
(1) Training Facility Requirements.
(a) "Training facility" means a school or
				other sponsoring organization that offers to the public boating safety courses
				that meet the minimum standards established by the National Association of
				State Boating Law Administrators.
(b) Each training facility shall require its
				instructors to demonstrate knowledge of boating safety and the current laws and
				regulations pertaining to the operation of vessels, as well as teaching skills
				in the area of boating safety, and shall ensure that all instructors meet the
				qualifications set forth in subsection (2).
(c) Training facilities should make maximum
				use of the existing cadre of qualified instructors who have been trained
				through state boating safety programs, the United States Coast Guard Auxiliary,
				the United States Power Squadrons, the American National Red Cross, the Young
				Men's Christian Association, the United States Coast Guard's National Boating
				Safety Course, and other similar public and private boating safety oriented
				programs.
(d) Each training
				facility is responsible for maintaining an ongoing quality control program.
				Training facilities should periodically update or recertify their instructors.
				Quality of instruction will be assured through this means with each training
				facility, or the training facility's sponsoring organization, auditing its own
				program.
(e) Each training facility
				must teach a course of instruction, the content of which has received the prior
				approval of the National Association of State Boating Law Administrators. This
				approval is valid only for three years. Each training facility or its
				sponsoring organization must ensure that the course materials are resubmitted
				for continuing approval so as to avoid a lapse of approved
				status.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.103 - Minimum Requirements for Training Facilities and Instructors

Current through Reg. 50, No. 138; July 16, 2024
(1) Training Facility Requirements.
(a) "Training facility" means a school or
				other sponsoring organization that offers to the public boating safety courses
				that meet the minimum standards established by the National Association of
				State Boating Law Administrators.
(b) Each training facility shall ensure that
				all instructors meet the qualifications set forth in subsection (2).
(c) Training facilities should make maximum
				use of the existing cadre of qualified instructors who have been trained
				through state boating safety programs, the United States Coast Guard Auxiliary,
				the United States Power Squadrons, the American National Red Cross, the Young
				Men's Christian Association, the United States Coast Guard's National Boating
				Safety Course, and other similar public and private boating safety oriented
				programs.
(d) Each training
				facility is responsible for maintaining an ongoing quality control program.
				Training facilities should periodically update or recertify their instructors.
				Quality of instruction will be assured through this means with each training
				facility, or the training facility's sponsoring organization, auditing its own
				program.
(e) Each training facility
				must teach a course of instruction, the content of which has received the prior
				approval of the National Association of State Boating Law Administrators. This
				approval is valid for three years. Each training facility or its sponsoring
				organization must resubmit course materials for continuing approval so as to
				avoid a lapse of approved status.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.104 - Minimum Standards for Boating Safety Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Each boating safety course taught
				pursuant to Section 327.395 or
				327.731, F.S., must maintain
				current approval from the National Association of State Boating Law
				Administrators and the Florida Fish and Wildlife Conservation
				Commission.
(2) In addition to
				minimum course content adopted by the National Association of State Boating Law
				Administrators, boating safety courses approved for use in the State of Florida
				shall contain state-specific information covering the following topics.
(a) Personal Watercraft Requirements.
1. Mandatory wear of personal flotation
				devices.
2. Age restrictions to
				operate or rent.
3. Hours of
				operation restrictions.
4.
				Wake-jumping concerns and reckless operation.
5. Causes and prevention of personal
				watercraft accidents.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.105 - Proof of Successful Completion of Approved Courses and Equivalency Exams

Current through Reg. 50, No. 138; July 16, 2024
Individuals who have successfully completed an approved
				  boating safety education course in accordance with this chapter and Section
				  327.395, F.S. will be issued a
				  boating safety identification card from the Commission, which may be issued in
				  digital, electronic, or paper format, that may be carried on the waters of this
				  state together with photographic identification, as proof of successful
				  completion of the boating safety education course. Alternatively, individuals
				  who have successfully completed an approved course in accordance with Section
				  327.395, F.S., may carry a
				  state-issued identification card or driver license issued by the Florida
				  Department of Highway Safety and Motor Vehicles bearing a symbol established by
				  the Department indicating possession of a boating safety identification card in
				  accordance with Section
				  322.051 or
				  322.14, F.S.
(1) Individuals successfully completing an
				approved boating safety education course in accordance with Section
				327.395, F.S. may submit as
				proof a certificate from the course provider. The certificate must include the
				name of the course provider; date of issue; and the student's first name,
				middle initial, last name, date of birth, and current mailing
				address.
(2) Course providers
				offering approved boating safety education courses, as required by Section
				327.395, F.S., may submit
				student rosters to initiate issuance of boating safety identification cards to
				students who have successfully completed the course. A roster must include the
				name of the course provider, the date of course completion, and the name of the
				primary instructor. In addition, the following information must be provided for
				each student successfully completing the course:
(a) First name, middle initial, and last
				name.
(b) Date of Birth.
(c) Current mailing
				address.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.105 - Proof of Successful Completion of Approved Boating Safety Education Courses

Current through Reg. 50, No. 138; July 16, 2024
Individuals who have successfully completed an approved
				  boating safety education course in accordance with this chapter and Section
				  327.395, F.S. will be issued a
				  boating safety identification card by the Commission, which may be issued in
				  digital, electronic, laminated card, or paper format, to be carried on the
				  waters of this state together with photographic identification, as proof of
				  successful completion of the boating safety education course. Alternatively,
				  individuals who have successfully completed an approved course in accordance
				  with Section 327.395, F.S., may carry a
				  state-issued identification card or driver license issued by the Florida
				  Department of Highway Safety and Motor Vehicles bearing a symbol established by
				  the Department indicating possession of a boating safety identification card in
				  accordance with Section
				  322.051 or
				  322.14, F.S.
(1) To demonstrate successful completion of
				an approved boating safety education course individuals must submit a
				certificate from the course provider which includes the name of the course
				provider; date of issue; and the student's first name, middle initial, last
				name, date of birth, and current mailing address.
(2) Course providers offering approved
				boating safety education courses, as required by Section
				327.395, F.S., may submit
				student rosters to initiate issuance of boating safety identification cards to
				students who have successfully completed the course. A roster must include the
				name of the course provider, the date of course completion, and the name of the
				primary instructor. In addition, the following information must be provided for
				each student successfully completing the course:
(a) First name, middle initial, and last
				name.
(b) Date of Birth.
(c) Current mailing address.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.106 - Violator Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				convicted of two non-criminal boating violations listed in Section
				327.731, F.S., within a
				twelve-month period must successfully complete any boating safety course
				approved by the National Association of State Boating Law Administrators and
				the State of Florida. The course must be successfully completed following the
				date of the second violation. Proof of successful completion must be filed with
				the Commission, as provided in Rule
				68D-36.105, F.A.C., within the
				90 days first following the successful completion of the course.
(2) Any person convicted of a boating
				infraction which resulted in a reportable boating accident or convicted of any
				criminal boating violation must successfully complete any boating safety course
				approved by the National Association of State Boating Law Administrators and
				the State of Florida, as provided in subsection (1), and must also complete an
				approved safe boating course for violators. Violator courses must require
				approximately 4 hours to complete and must cover, at a minimum, the following
				topics:
(a) Florida boating laws.
(b) Causes and prevention of boating
				accidents.
(c) The importance of
				wearing personal flotation devices.
(d) The use of common sense and common
				courtesy.
(e) Operating
				defensively.
The violator course may be taken through an approved
				  electronic, on-line, or home-study program by violators residing in areas where
				  classroom presentation of the course is not
				  available.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.106 - Violator Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				convicted of two non-criminal boating violations listed in Section
				327.731, F.S., within a
				twelve-month period must thereafter successfully complete a boating safety
				course approved by the National Association of State Boating Law Administrators
				and the State of Florida. Proof of successful completion must be filed with the
				Commission, as provided in Rule
				68D-36.105, F.A.C., within 90
				days of completion.
(2) Any person
				convicted of a boating infraction which resulted in a reportable boating
				accident or convicted of any criminal boating violation must successfully
				complete a boating safety course approved by the National Association of State
				Boating Law Administrators and the State of Florida, as provided in subsection
				(1), and must also complete an approved safe boating course for violators. Such
				safe boating courses for violators must, at a minimum, include 4 hours of
				training and cover the following topics:
(a)
				Florida boating laws.
(b) Causes
				and prevention of boating accidents.
(c) The importance of wearing personal
				flotation devices.
(d) The use of
				common sense and common courtesy.
(e) Operating defensively.
The violator course may be taken through an approved
				  electronic, on-line, or home-study program by violators residing in areas where
				  classroom presentation of the course is not available.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.107 - Minimum Training Requirements for Personal Watercraft Rentals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 327.04,
					 327.39,
					 327.54 FS. Law Implemented
					 327.04,
					 327.39,
					 327.54
					 FS.
New 6-9-05, Amended 4-20-09, Repealed
					 1-31-23.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-36 - MINIMUM STANDARDS FOR MANDATORY BOATING SAFETY COURSES › Section 68D-36.109 - Boating Safety Information to be Displayed at Boat Rental Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 327.04,
					 327.39,
					 327.54 FS. Law Implemented
					 327.04,
					 327.39,
					 327.54
					 FS.
New 4-20-09, Repealed
					 1-31-23.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-1 - MARINE TURTLE PERMITS › Section 68E-1.001 - Introduction and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.02,
					 370.021,
					 370.10(2) FS.
					 Law Implemented 370.021,
					 370.10(2)
					 FS.
New 2-11-81, Formerly 16B-40.01, 16B-40.001, 16R-1.001,
					 62R-1.001, Repealed 7-1-04.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-1 - MARINE TURTLE PERMITS › Section 68E-1.0041 - Authorizations for Marine Turtle Research, Conservation, and Educational Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) Conservation
				Permits - Activities that require a conservation permit include, but are not
				limited to, any actions associated with a living or stranded marine turtle, its
				nest, or hatchlings such as:
(a) Any research
				or conservation activities, or
(b)
				Any educational activities, including, but not limited to, educational displays
				or public awareness walks.
(c)
				Hatcheries shall not be approved unless authorized in an incidental take
				authorization from the U.S. Fish and Wildlife Service.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-1 - MARINE TURTLE PERMITS › Section 68E-1.005 - Suspension, Revocation and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Non-compliance with permits issued under the provisions of this chapter is
				subject to the following actions:
(a) For all
				one year permits, failure to fulfill reporting requirements or respond to other
				information requests shall constitute a minor violation of this rule. Such a
				violation shall cause the Commission to issue a notice of noncompliance to the
				permittee, and issuance of subsequent year permits shall not proceed until the
				permittee fulfills all such requirements.
(b) For all two year permits, failure to
				fulfill reporting requirements or respond to other information requests shall
				cause the Commission to issue a notice of noncompliance to the permittee.
				Failure to come into compliance in a timely manner shall subject the permittee
				to suspension or revocation.
(c)
				Permittee shall be subject to permit suspension or revocation by the Commission
				if it finds that the permit holder or qualified individual has violated this
				chapter, Chapter 379, F.S., Title 68, F.A.C., state or federal wildlife
				protection acts or codes, submitted false information in the application, has
				deviated significantly from the approved activity, or has violated conditions
				under which the permit was originally issued.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-1 - MARINE TURTLE PERMITS › Section 68E-1.0061 - Additional Special Requirements for Any and All Marine Turtles (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 379.2431(1),
					 379.244(2),
					 379.407 FS. Law Implemented
					 379.2431(1),
					 379.244(2),
					 379.407
					 FS.
New 2-11-81, Formerly 16B-40.061, 16B-40.0061, 16R-1.0061,
					 62R-1.0061, Repealed 11-23-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.001 - Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.2431(1)(d)4., (h) FS. Law
					 Implemented 320.08058(19), 379.2431(1)(d)4., (h)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented
					 320.08058(19), 379.2431(1)(d)4. FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.003 - Availability of Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented
					 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.004 - Marine Turtle Grant Committee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law
					 Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.005 - Eligibility Criteria (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS.
					 Law Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.006 - General Grant Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS.
					 Law Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.007 - Grant Funding Criteria and Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law
					 Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.008 - Disbursement of Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law
					 Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-2 - MARINE TURTLE GRANTS PROGRAM › Section 68E-2.009 - Reporting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law
					 Implemented 320.08058(19),
					 379.2431(1)(b)
					 FS.
New 5-9-01, Repealed
					 3-17-16.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-3 - PERMIT FOR CATCHING AND POSSESSION OF FISH PROTECTED BY LAW AS STOCK FOR ARTIFICIAL CULTIVATION › Section 68E-3.001 - Introduction and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.2411
					 FS.
New 11-27-80, Formerly 16B-43.01, 16B-43.001, 16R-3.001,
					 62R-3.001, Repealed 7-1-04.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-3 - PERMIT FOR CATCHING AND POSSESSION OF FISH PROTECTED BY LAW AS STOCK FOR ARTIFICIAL CULTIVATION › Section 68E-3.003 - General Permit Application Procedures and Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 379.1025 FS. Law Implemented
					 379.2411(2),
					 (3)
					 FS.
New 11-27-80, Formerly 16B-43.03, 16B-43.003, 16R-3.003,
					 62R-3.003, Repealed 7-1-04.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-3 - PERMIT FOR CATCHING AND POSSESSION OF FISH PROTECTED BY LAW AS STOCK FOR ARTIFICIAL CULTIVATION › Section 68E-3.004 - Review Expiration, Revocation, Penalty (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art.IV, Sec. 9, Fla.Const. Law
					 Implemented Art.IV, Sec. 9, Fla.Const.
New 11-27-80, Amended 8-6-81, Formerly 16B-43.04,
					 16B-43.004, 16R-3.004, 62R-3.004, Amended 5-13-02, Repealed
					 7-1-04.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-5 - REPORTING REQUIREMENTS FOR THE MARINE FISHERIES INFORMATION SYSTEM › Section 68E-5.002 - Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Fisheries
				statistical information on the production of saltwater fish, saltwater
				products, bait, and marine life shall be reported to the Commission whenever
				the product is sold, exchanged, bartered, distributed, or landed for the first
				time. Records of subsequent sales between wholesale dealers or brokers are not
				required by this rule.
(2) The
				following persons shall report fisheries statistical information as described
				in Section 68E-5.003, F.A.C.
(a) Wholesale dealers who purchase or receive
				saltwater fish, saltwater products, bait, or marine life from a producer shall
				report.
(b) Wholesale or retail
				dealers who own, rent or lease vessel(s) intended for the production of
				saltwater fish, saltwater products, bait, or marine life shall report, except
				when the product is sold directly to another wholesale dealer. In such cases
				the purchasing wholesale dealer shall report.
(c) Producers who catch and land saltwater
				fish, saltwater products, bait, or marine life for sale direct to the consumer
				or interstate shipment shall report.
(d) Each producer who sells or otherwise
				provides saltwater fish, saltwater products, bait, or marine life to a
				wholesale dealer shall provide to the dealer, at the time of sale, accurate
				information about such production as required by this
				chapter.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-5 - REPORTING REQUIREMENTS FOR THE MARINE FISHERIES INFORMATION SYSTEM › Section 68E-5.004 - Data Management

Current through Reg. 50, No. 138; July 16, 2024
(1) All data
				received by the Commission pursuant to the requirements of Chapter 68E-5,
				F.A.C., shall be edited by Commission staff for accuracy and stored in the
				marine fisheries information system.
(2) Due to the editorial and computerization
				process, accurate trip ticket data will not be available for access or
				inquiries for at least 60 days following the month for which it is
				reported.
(3) Trip ticket data
				shall be summarized for publication as monthly and annual fishery landings
				bulletins. Bulletins will be available upon request to all interested
				parties.
(4) All requests for other
				than fishery landings bulletins must be submitted in writing to the Executive
				Director of the Commission or his designee for approval.
(5) Dealers are subject to being audited by
				the Commission pursuant to Section
				379.362(6),
				F.S., for compliance with the landing reporting
				requirements.
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.361,
					 379.362
					 FS.
New 10-17-84, Formerly 16B-45.04, 16B-45.004, Amended
					 3-30-87, Formerly 16B-13.004, Amended 12-31-89, Formerly 16R-5.004, Amended
					 1-5-95, Formerly 62R-5.004.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-5 - REPORTING REQUIREMENTS FOR THE MARINE FISHERIES INFORMATION SYSTEM › Section 68E-5.005 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commission may revoke, suspend or
				deny the renewal of the license of any wholesale or retail dealer for failure
				to make required reports, for failure or refusal to permit the examination of
				required records, or for falsifying any such record pursuant to Section
				379.362, F.S.
(2) Any person violating or otherwise failing
				to comply with Chapter 68E-5, F.A.C., or its sections shall be guilty of a
				misdemeanor of the second degree, punishable as provided in Section
				775.082,
				775.083, or
				775.084,
				F.S.
Rulemaking Authority Article IV, Section 9 Fla. Const.,
					 379.407,
					 379.414 FS. Law Implemented
					 379.407,
					 379.414
					 FS.
New 10-17-84, Formerly 16B-45.05, 16B-45.005, 16R-13.005,
					 Amended 12-31-89, Formerly 16R-5.005,
					 62R-5.005.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-5 - REPORTING REQUIREMENTS FOR THE MARINE FISHERIES INFORMATION SYSTEM › Section 68E-5.900 - Forms

Current through Reg. 50, No. 138; July 16, 2024
Closed Season Crawfish Declaration Form (DEP# 30-208), is
				  hereby incorporated by reference, and copies can be obtained by contacting the
				  Fish and Wildlife Conservation Commission, Division of Marine Fisheries, 620
				  South Meridian Street, Tallahassee, Florida 32399. This form will be effective
				  on 5-10-99.
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.245
					 FS.
New 5-10-99, Formerly
					 62R-5.900.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.001 - Introduction and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the
				intent of the Florida Fish and Wildlife Conservation Commission pursuant to
				statutory authority under Section
				379.249, F.S., to establish a
				program to provide grant funding and technical assistance to coastal local
				governments and nonprofit corporations qualified under section 501 (c)(3) of
				the U.S. Internal Revenue Code for the development of artificial reefs and the
				monitoring and evaluation of their recreational, economic, and biological
				effectiveness in the predominantly marine waters of Florida and adjacent
				federal waters. The program is intended to accomplish the following objectives:
1) promote coordinated and effective efforts
				to develop artificial reefs;
2)
				locally enhance fishery resources;
3) increase hard bottom reef fish habitat
				where appropriate;
4) increase
				saltwater fishing and diving opportunities, and
5) facilitate artificial reef related
				research and monitoring.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.003 - Artificial Reef Program Application

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applicant Eligibility. Program financial assistance is available only to
				coastal local governments as defined in subsection
				68E-9.002(3),
				F.A.C., and nonprofit corporations as defined in subsection
				68E-9.002(10),
				F.A.C. To meet project funding eligibility requirements, a nonprofit
				corporation must also:
(a) State in its
				articles of incorporation or bylaws that one of its objectives is the
				development or monitoring of artificial reefs;
(b) Demonstrate coordination with the
				appropriate coastal local government, including conceptual project approval by
				the local government;
(c) Have
				written authorization from the permit holder to use a permitted site if the
				permit holder is an entity other than the nonprofit corporation; and,
(d) Have filed Articles of Incorporation with
				the Department of State prior to applying for financial assistance under this
				grant program and furnish the Commission with a valid letter of authorization
				or similar documentation of 501 (c)(3) status from the Internal Revenue
				Service.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.004 - Program Criteria for Allocating Funds

Current through Reg. 50, No. 138; July 16, 2024
The following criteria establish minimum standards for the
				  funding of artificial reef development and monitoring projects.
(1) Project Activity Eligibility. The
				following activities are eligible for funding under the program: engineering
				activities, transportation of artificial reef material, cost of project
				advertising, purchase or construction prefabricated modules, materials
				preparation, monitoring or evaluation of artificial reefs, development or
				updating of local, regional or state artificial reef plans, and associated
				studies or research needed to gather and analyze data necessary for the
				development or revision of such plans or to improve artificial reef management
				processes in Florida.
(a) Engineering
				activities. No more than $5, 000 or 10% (whichever is less) of project funds
				granted under the program may be expended for engineering services. Any funds
				required in excess of this amount must be provided by the applicant. For
				purposes of this program, engineering activities may include but need not be
				limited to the following:
1. Post deployment
				mapping of the orientation and position of the reef materials in relation to
				each other,
2. Observation of
				deployment operations including observation vessel charter, camera film and
				film development, video and video media, and duplication,
3. Material stability analysis; and,
4. When necessary to assure
				accurate placement of material, costs of anchors, chain, shackles, temporary
				buoys, line, etc.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.005 - Project Application Review and Ranking Application Review

Current through Reg. 50, No. 138; July 16, 2024
The review of project applications will be conducted by a
				  three person application review team designated by the Division Director. The
				  review process will be as follows:
(1)
				Reef Construction Project Ranking. The application review team will
				competitively rank eligible artificial reef construction projects according to
				the following factors based upon information provided by the Applicant:
(a) Project site selection and environmental
				assessment.
1. Submit a bottom survey and
				discuss these results (up to four points),
2. An environmental assessment that justifies
				the project and project site based upon minimum environmental impact (up to
				five (5) points),
3. Discussion of
				the range of wave height, current velocity, temperature, salinity, visibility,
				tidal range, and other physical oceanography conditions and how those factors
				may affect the project (up to four points); and,
4. Availability of relevant prior biological,
				or environmental data associated with the proposed reef site or general site
				vicinity (up to five (5) points).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.006 - Project Funding

Current through Reg. 50, No. 138; July 16, 2024
Project funding limits. The Commission may provide up to $60,
				  000 per state fiscal year for an artificial reef project, based on the criteria
				  set forth in Rule 68E-9.003, F.A.C., above. During
				  any given funding year the combined funding available to all the applicants
				  applying from a given county shall not exceed twenty percent of the total
				  artificial reef project funds available. The Commission may consider project
				  funding in excess of $60, 000 for a single project depending on the
				  availability of funds, the total number of applications received, and the
				  nature and scope of project applications which provide the following:
(1) Expanded economic opportunities,
				particularly in depressed areas.
(2) Research and evaluation projects on
				traditional or new artificial reef materials or designs.
(3) Experimental artificial reef construction
				designed to:
(a) Provide improvements in
				habitat quality, durability or stability over that of conventional reuse
				material; and,
(b) Provide reefs
				which enhance the conservation/preservation of fisheries resources through
				design and placement resulting in reduction of directed fishing pressure and
				over fishing.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.007 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
(1) Project
				Administration Forms. Information required by the Commission must be placed on
				the prescribed forms, titles and numbers of which are listed below. Such forms
				and instructions may be obtained without cost by writing:
Florida Fish and Wildlife Conservation Commission, Division
				  of Marine Fisheries, 620 South Meridian Street Box MF-MFM, Tallahassee, Florida
				  32399-1600.
(2) This list of
				forms includes:
(a) FWCC-AR01 Artificial Reef
				Program Construction Grant Application.
(b) FWCC-AR02 Artificial Reef Program
				Monitoring Grant Application.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.001 - Introduction: Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
The Legislature amended Chapter 370, F.S., to establish the
				  Florida Spiny Lobster Trap Certificate Program, to promote stabilization,
				  efficiency and resource protection in the lobster fishery by reducing the
				  number of permitted traps. The following requirements, standards and
				  regulations are established to implement and comply with the intent of Section
				  379.3671, F.S.
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.3671
					 FS.
New 5-16-95, Formerly
					 62R-18.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.003 - Certificate Allocations and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				number of allotted certificates is determined upon an initial allocation
				pursuant to establishment of the program to certificate holders that had a SPL
				with a C-number during the benchmark years (i.e., the 1988-1989, 1989-1990, or
				the 1990-1991 lobster fishing seasons) and maintained it through 1992, and/or
				other lawful acquisition of certificates by a certificate holder.
The initial allocation was determined pursuant to Section
				  379.3671(2)(a)1., F.S., by using a certificate holder's highest year landings
				  of lobster from one of the three designated benchmark years to calculate the
				  number of certificates based on the poundage landed and reported to the
				  Commission during the best (e.g., highest reported poundage of lobster)
				  benchmark year.
(a) The initial
				allocation may be adjusted through an appeal process to the Lobster Trap
				Certificate Technical Advisory and Appeals Board as established in Section
				379.3671(2)(a)1., F.S. Subsequent adjustment of the initial allocation number
				of certificates by the Commission may be made based on a recommendation by the
				Appeals Board, or other administrative or judicial proceeding.
(b) A certificate allocation may be adjusted
				by transfer of certificates to or from any certificate holder to another as
				further described in this rule.
(c)
				After the initial allocations have been made to current SPL/C-number holders in
				the first year of the program, a person wishing to enter the fishery may
				acquire an SPL/C-number and obtain a certificate allocation through the
				transfer or other lawful acquisition of trap certificates to his or her
				license.
1. The allocation and number of
				certificates is administered and maintained by the Commission.
2. The certificate holder will be advised
				annually as to the number of certificates assigned to his or her C-number, the
				amount due to the Commission for the certificates in the current year, and any
				arrearage of costs or fees due.
3.
				Certificates will only be issued in whole numbers of certificates; there are no
				fractional certificates.
4. There
				must be one or more certificates allocated to a certificate holder in order for
				the certificate holder to have an allocation. A person may have an SPL/C-number
				with no trap certificates; a person may not have a certificate allocation
				without certificates assigned to their C-number.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.004 - Spiny Lobster Trap Tags

Current through Reg. 50, No. 138; July 16, 2024
(1) No
				lobster trap shall be used on or in the waters of the state without a current
				year trap tag firmly affixed thereto. Traps with tags that are not firmly
				affixed by nails, staples, or otherwise securely fastened as may be provided by
				the Commission, shall be considered untagged for enforcement
				purposes.
(2) Lost or damaged tags
				may be replaced upon proper verification of loss, as defined in subsection (3),
				below, and payment of the replacement tag fee designated for that year have
				been made. Damaged tags must be turned in to the Commission. Payment for
				replacement tags must be made before the replacement tags are issued to the
				certificate holder.
(3) Cost of
				replacement tags will reasonably reflect the actual cost charged to the
				Commission by the vendor manufacturing the tags, plus a fee of three dollars
				per order to cover processing and handling.
(4) Notification of lost or damaged tags
				shall be a written report made to the Commission of the tag numbers lost or
				damaged ("Spiny Lobster Trap Tag Replacement form"), Form No. FWC 30-203,
				September 1995, hereby incorporated by reference, may be obtained by contacting
				the local Division of Law Enforcement Office. In addition, a report must be
				filed concurrently with the local Division of Law Enforcement Office stating
				the location of where the traps were lost and the circumstances of the
				loss.
Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law
					 Implemented Art IV, Sec. 9, Fla.
					 Const.
New 5-16-95, Amended 2-11-96, Formerly 62R-18.004, Amended
					 7-1-01.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.006 - Rental or Leasing of TrapTags (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.3671
					 FS.
New 5-16-95, Formerly 62R-18.006, Repealed
					 4-17-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.007 - Trap Reduction

Current through Reg. 50, No. 138; July 16, 2024
(1) Beginning July
				1, 2001, and in each subsequent year until such time as only 400, 000 trap
				certificates are available to the fishery, the number of trap certificates
				shall be reduced pursuant to Rule
				68B-24.009, F.A.C.
(2) If the percentage reduction results in a
				fractional number, that partial trap represented in the fraction will be
				rounded off. For example, a calculation of an annual or standardized reduction
				percentage times the certificate allocation yields the product 18.5; in this
				application, the certificate allocation would be reduced by 18 certificates. If
				a calculation of an annual or standardized reduction percentage times the
				certificate allocation yields the product 18.6; in this application, the
				certificate allocation would be reduced by 19 certificates. For all certificate
				holders, any reduction will never be less than one (1) certificate.
(3) Any certificate allocation reduced to
				zero trap certificates will be deleted from the Commission's active certificate
				allocation records. The certificate allocation may only be reduced to zero by
				sale or transfer of certificates out of the certificate holder's allocation,
				forfeiture, or other lawful process.
(4) During trap reduction, B-certificates
				will be reduced prior to the reduction of any A-certificates.
(5) Certificates allocated but not issued
				shall be included in an active reduction, should an active reduction be
				necessary in a given year pursuant to Rule
				68B-24.009, F.A.C. Each
				allocation will be reduced whether the tags are purchased and issued or
				not.
(6) Failure to pay certificate
				fees and other charges in any year will not exempt a certificate holder from
				having their certificates reduced as part of the annual reduction. All charges
				and fees on active and inactive certificates must be paid, including charges
				and fees on certificates lost to reduction.
(7) If an individual has more than one
				C-number and the additional C-numbers have allocated certificates, the
				reduction shall apply to certificates allocated to each C-number; that is, each
				C-number allocation shall be reduced according to the percentage reduction
				authorized for that year.
Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law
					 Implemented Art IV, Sec. 9, Fla.
					 Const.
New 5-16-95, Formerly 62R-18.007, Amended
					 7-1-01.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.008 - Suspension of Certificates and Crawfish Endorsement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.3671
					 FS.
New 5-16-95, Formerly 62R-18.008, Repealed
					 4-17-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-18 - SPINY LOBSTER TRAP CERTIFICATE PROGRAM › Section 68E-18.010 - Commission Policy Regarding the Assessment of Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
It shall be the policy of the Commission to assess
				  administrative penalties pursuant to section 379.3671(2)(c)4., F.S., for a
				  violation involving use of spiny lobster traps without current year trap tags
				  as required by section
				  379.3671(2)(b),
				  F.S.
(1) For a first violation of the
				referenced regulation, a penalty of up to $1, 000 shall be assessed. The
				Commission shall assess these penalties as follows:
(a) $25 per untagged trap for the possession
				or use of up to and including 20 untagged lobster traps;
(b) $1, 000 for possession or use of 21 or
				more untagged lobster traps.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-19 - NON-REFUNDABLE PROCESSING FEE FOR THE REPLACEMENT OF SALTWATER FISHING LICENSES, PERMITS, RETAIL DEALER LICENSES AND WHOLESALE DEALER LICENSES › Section 68E-19.001 - Introduction

Current through Reg. 50, No. 138; July 16, 2024
This rule will provide a non-refundable processing fee for
				  the replacement of saltwater fishing licenses, permits, and retail or wholesale
				  dealers licenses, as referenced on Form FWC 30-215 (1/25/99), during any given
				  license year.
Rulemaking Authority
					 379.361 FS. Law Implemented
					 379.361
					 FS.
New 6-7-99, Formerly
					 62R-19.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-19 - NON-REFUNDABLE PROCESSING FEE FOR THE REPLACEMENT OF SALTWATER FISHING LICENSES, PERMITS, RETAIL DEALER LICENSES AND WHOLESALE DEALER LICENSES › Section 68E-19.002 - Replacement License or Permit Fees

Current through Reg. 50, No. 138; July 16, 2024
(1)
				There will be a non-refundable $10.00 fee assessed for each license or permit
				that is replaced.
(2) Any request
				for such a replacement license or permit may be denied, if the application form
				is not completely and accurately completed and signed, or if the $10.00 fee per
				application is not submitted with the application.
(3) Any request for such a replacement
				license or permit may be denied, if there are any outstanding fees, fines or
				civil penalty assessments charged against the applicant's original license or
				permit.
Rulemaking Authority
					 379.361(7), (8)
					 FS. Law Implemented 379.361
					 FS.
New 6-7-99, Formerly
					 62R-19.002.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-19 - NON-REFUNDABLE PROCESSING FEE FOR THE REPLACEMENT OF SALTWATER FISHING LICENSES, PERMITS, RETAIL DEALER LICENSES AND WHOLESALE DEALER LICENSES › Section 68E-19.003 - Saltwater Fishing License or Permit Replacement Application

Current through Reg. 50, No. 138; July 16, 2024
The application shall be incorporated and hereby referenced
				  to and entitled "Saltwater Fishing License or Permit Replacement Application"
				  and may be obtained by request to the Fish and Wildlife Conservation
				  Commission, 620 South Meridian Street, Tallahassee, Florida
				  32399.
Rulemaking Authority Article IV, Section 9 Fla. Const. Law
					 Implemented 379.361
					 FS.
New 6-7-99, Formerly
					 62R-19.003.