Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.001 - General Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Division 68B, F.A.C.:
(1) "Biscayne National Park" means all waters
				lying within the boundaries of Biscayne National Park, whether within or
				without the waters of the State of Florida, as depicted on NOAA nautical charts
				for coastal Florida waters and as described as follows:
Beginning at the northwest corner of Section 35, Township 55
				  South, Range 40 East, Tallahassee Meridian;
Thence easterly 1, 978.35 feet, more or less, along the north
				  line of said Section 35 to a point on the center line of Old Cutler Road, as
				  shown on Sheet 11 of 14 Sheets of Part Three of the drawings titled
				  Metropolitan Dade County, Florida, Bulkhead Line, and recorded in Plat Book No.
				  74, Page 3 of the Public Records of Dade County, Florida, February 23,
				  1962;
Thence southwesterly 2, 700 feet, more or less, along the
				  center line of said Old Cutler Road to a point, said point being the
				  intersection with the center line of S.W. 176 Street;
Thence easterly along the extension of the center line of
				  S.W. 176 Street bearing North 87°39'08" East, 700 feet, more or less, to
				  the Point of Beginning;
Thence South 80°53'53" East, 30, 000 feet, more or less,
				  to a point on the Intracoastal Waterway;
Thence northeasterly along the Intracoastal Waterway 28, 950
				  feet, more or less, to a point of intersection with Latitude 25°40'16"
				  North;
Thence east along the Parallel at Latitude 25°40'16"
				  North 6, 600 feet, more or less, to a point on the southwest side of a cable
				  area lying generally South of Cape Florida (said cable area shown on the
				  National Oceanic and Atmospheric Administration Nautical Chart 11451);
Thence southeasterly along the southwest side of the cable
				  area 18, 000 feet, more or less, to a point where the southwest line of said
				  cable area deflects to the right (said point being approximately at Latitude
				  25°38'40" North);
Thence east 14, 000 feet, more or less, to a point of
				  intersection with the 10 fathom line (water depth of 60 feet);
Thence southerly along the 10 fathom line (60 foot depth
				  curve line), 133, 000 feet, more or less, to a point on the North line of the
				  Key Largo Coral Reef Marine Sanctuary (also known as John Pennekamp Coral Reef
				  State Park), at Latitude 25°17'36" North, Longitude 80°10'00"
				  West;
Thence northwesterly along the boundary of the Preserve and
				  State Park 21, 000 feet, more or less, to Latitude 25°20'06" North,
				  Longitude 80°12'36" West;
Thence southwesterly 9, 400 feet, more or less, to a point on
				  the Monroe-Dade County line at Latitude 25°19'55" North, Longitude
				  80°14'18" West;
Thence northwesterly 11, 100 feet, more or less, along the
				  meanderings of said County line to a point in Broad Creek, located about
				  mid-channel between Swan Key and the easternmost tip of Broad Key, Latitude
				  25°21'04" North, Longitude 80°15'25" West;
Thence northwesterly 10, 350 feet, more or less, to a point
				  adjacent to flashing red light marker "14" in Card Sound at the south end of
				  the Intracoastal Waterway Channel through Cutter Bank, Latitude 25°21'58"
				  North, Longitude 80°17'01" West;
Thence continue across the open waters of Card Sound North
				  77°00'00" West 16, 400 feet, more or less, to a point on the west line of
				  Section 15, Township 58 South, Range 40 East. Said west line also being a
				  portion of the western boundary of the Turkey Point Wilderness Area as
				  established by an agreement entitled "Deed, " recorded in Book 7624, Page
				  457-464 of the Official Records of Dade County, Florida, March 22, 1972;
Thence northerly along the west line of Section 15, Section
				  10, and Section 3 to a point, said point being the northwest corner of Section
				  3, all in Township 58 South, Range 40 East. The west line of Section 15,
				  Section 10, and Section 3 also being a portion of the western boundary of the
				  Turkey Point Wilderness Area;
Thence easterly along the north line of Section 3, Township
				  58 South, Range 40 East, passing Turtle Point, over the waters of Biscayne Bay,
				  passing the Metropolitan Dade County, Florida, Bulkhead Line to a point on a
				  line 350 feet easterly of and parallel to the Metropolitan Dade County,
				  Florida, Bulkhead Line as shown on Sheet 6 of 12 Sheets of Part Five of the
				  drawings titled Metropolitan Dade County, Florida, Bulkhead Line, and recorded
				  in Plat Book No. 74, Page 5 of the Public Records of Dade County, Florida, May
				  10, 1963. The north line of Section 3, Township 58 South, Range 40 East, also
				  being the north boundary of the Turkey Point Wilderness Area;
Thence northerly along line a 350 feet easterly of and
				  parallel to the Metropolitan Dade County, Florida, Bulkhead Line (as shown on
				  Sheets 5 and 6 of 12 Sheets of Part Five of the drawings titled Metropolitan
				  Dade County, Florida, Bulkhead Line, and recorded in Plat Book No. 74, Page 5
				  of the Public Records of Dade County, Florida, May 10, 1963), passing and going
				  around Turkey Point to the intersection with a line being the extension
				  eastward of the south boundary of Homestead Bayfront Park;
Thence westerly along the south line of Homestead Bayfront
				  Park to the southwest corner thereof;
Thence northerly along the west line of Homestead Bayfront
				  Park to the northwest corner of said park, also being the southwest corner of
				  Section 9, Township 57 South, Range 40 East;
Thence easterly along the north line of Homestead Bayfront
				  Park (also the south line of Section 9, Township 57 South, Range 40 East), 1,
				  870 feet, more or less, to a point;
Thence North 00°35'00" West, 4, 080 feet, more or less,
				  to a point;
Thence North 04°35'00" West, 3, 360 feet, more or less,
				  to a point;
Thence North 17°05'00" East, 1, 995 feet, more or less,
				  to a point;
Thence North 39°10'00" East, 2, 260 feet, more or less,
				  to a point;
Thence North 18°25'00" West, 1, 080 feet, more or less,
				  to a point;
Thence North 17°20'00" East, 2, 820 feet, more or less,
				  to a point;
Thence North 03°00'00" East, 3, 500 feet, more or less,
				  to a point;
Thence North 17°45'00" East, 3, 380 feet, more or less,
				  to a point on the southwesterly bank of Goulds Canal;
Thence southeasterly along the southwesterly bank of Goulds
				  Canal 2, 200 feet, more or less, to a point;
Thence northeasterly crossing Goulds Canal to a point on a
				  tip of land being the southeasterly-most tip of a triangular shaped parcel of
				  land lying between Goulds Canal and Black Creek (also known as C-1
				  Canal);
Thence northwesterly following the northeastern shoreline of
				  the above-mentioned triangular shaped parcel of land 300 feet, more or less, to
				  a point;
Thence North 45°15'00" East, 525 feet, more or less, to a
				  point;
Thence North 32°00'00" West, 2, 980 feet, more or less,
				  to a point;
Thence North 0°30'00" West, 640 feet, more or less, to a
				  point;
Thence northeasterly to a point on the north line of Section
				  22, Township 56 South, Range 40 East, said point being 3, 330 feet east of the
				  northwest corner of Section 22, Township 56 South, Range 40 East;
Thence easterly along the north line of Section 22 to the
				  Northwest corner of Section 23, Township 56 South, Range 40 East;
Thence easterly along the north line of said Section 23, 460
				  feet, more or less, to a point;
Thence North 17°54'00" East, 2, 780 feet, more or less,
				  to a point on the north line of the south half of Section 14, Township 56
				  South, Range 40 East;
Thence North 14°25'00" East, 320 feet, more or less, to a
				  point;
Thence North 09°25'00" East, 980 feet, more or less, to a
				  point;
Thence North 00°50'00" West, 1, 045 feet, more or less,
				  to a point;
Thence North 14°00'00" East, 255 feet, more or less, to a
				  point;
Thence North 25°45'00" East, 600 feet, more or less, to a
				  point;
Thence North 16°50'00" East, 495 feet, more or less, to a
				  point;
Thence North 27°00'00" East, 255 feet, more or less, to a
				  point;
Thence North 26°25'00" East, 1, 050 feet, more or less,
				  to a point;
Thence North 22°25'00" East, 640 feet, more or less, to a
				  point;
Thence North 08°15'00" East, 410 feet, more or less, to a
				  point;
Thence North 07°10'00" West, 460 feet, more or less, to a
				  point;
Thence North 14°45'00" West, 440 feet, more or less, to a
				  point;
Thence North 19°50'00" West, 260 feet, more or less, to a
				  point;
Thence North 30°06'00" West, 1, 235 feet, more or less,
				  to a point;
Thence North 00°06'00" West, 1, 410 feet, more or less,
				  to a point;
Thence North 55°52'30" West, 590 feet, more or less, to a
				  point;
Thence North 05°45'00" East, 1, 980 feet, more or less,
				  to a point;
Thence North 16°45'00" West, 950 feet, more or less, to a
				  point;
Thence North 88°40'00" East, 470 feet, more or less, to a
				  point;
Thence North 05°00'00" West, 2, 035 feet, more or less,
				  to a point on the south line of Section 35, Township 55 South, Range 40
				  East;
Thence North 06°07'30" East, 2, 900 feet, more or less,
				  to a point, the Point of Beginning.
(2) "Coastline" means the territorial sea
				base line for the State of Florida established pursuant to the laws of the
				United States of America.
(3)
				"Commercial harvester" means a person who is harvesting or in possession of an
				organism or part of an organism for the purpose of selling or with the intent
				to sell the organism or part of the organism.
(4) "Commission" means the Florida Fish and
				Wildlife Conservation Commission.
(5) "Crew member" means an individual onboard
				a vessel who is compensated (monetarily or otherwise) for any service performed
				in relation to the operation of the vessel or the activities carried out by
				those onboard the vessel.
(6)
				"Diving" means swimming at or below the surface of the water.
(7) "F.A.C." means the Florida Administrative
				Code.
(8) "F.S." means the Florida
				Statutes.
(9) "Florida Waters"
				means the waters of the Atlantic Ocean, the Gulf of Mexico, the Straits of
				Florida, and any other bodies of water under the jurisdiction of the State of
				Florida, whether coastal, intracoastal or inland, and any part
				thereof.
(10) "For commercial
				purposes" means engaging in an activity regulated by Division 68B, F.A.C., for
				the purpose of selling an organism or part of an organism or with the intent to
				sell an organism or part of an organism. For Commercial Purposes includes
				harvest or possession of marine organisms in an amount that is at least two
				times the recreational bag limit for the organism being taken or
				harvested.
(11) "Fork length" means
				the straight-line distance from the most forward point of the fish with the
				mouth closed, to the rear center edge of the tail.
(12) "Harvest" means the catching or taking
				of an organism followed by a reduction of the organism to possession. Harvest
				includes the unnecessary harming or killing of an organism regardless of
				possession.
(13) "Inside waters"
				means all state waters landward of the COLREGS Demarcation Line, as depicted or
				described on NOAA nautical charts for coastal Florida waters.
(14) "Land, " when used in connection with
				the harvest of an organism, means the physical act of bringing the harvested
				organism ashore.
(15) "Lower jaw
				fork length" means the straight-line measurement of a fish from the tip of the
				lower jaw to the fork of the caudal fin. The measurement is not made along the
				curve of the body.
(16) "Monetary
				value" means sale price or cash equivalent of value received for
				landings.
(17) "Nearshore and
				inshore Florida waters" means all Florida waters inside a line three nautical
				miles seaward of the coastline along the Gulf of Mexico and inside a line one
				nautical mile seaward of the coastline along the Atlantic Ocean.
(18) "Organized tournament" means a fishing
				competition that involves ten or more registered participants, has written
				rules and regulations, requires an entry fee, and awards prizes to
				competitors.
(19) "Person" includes
				a natural person, firm, corporation or other entity.
(20) "Purchase" means to receive an organism
				or part of an organism in exchange for any form of consideration (money,
				objects, services, or otherwise) with or without a transfer in possession.
				Purchase includes offering to purchase an organism or part of an
				organism.
(21) "Recreational
				harvester" means a person who is engaging in an activity regulated by Division
				68B, F.A.C., or Chapter 379, F.S., who is not a commercial harvester as defined
				in Rule 68B-2.001, F.A.C.
(22) "Seafood dealer" means a wholesale
				seafood dealer, a retail seafood dealer, or a restaurant licensed by the
				state.
(23) "Sell" means to receive
				any form of consideration (money, objects, services, or otherwise) in exchange
				for an organism with or without a transfer in possession. Sell includes
				offering to sell an organism or part of an organism.
(24) "Snagging" or "snatch hooking" means the
				intentional catch of a fish by any device intended to impale or hook the fish
				by any part of its body other than the mouth.
(25) "Total length" means the straight-line
				distance from the most forward point of the fish with the mouth closed, to the
				farthest tip of the tail with the tail compressed or squeezed, while the fish
				is lying on its side.
(26) A "trip"
				begins when a vessel departs from a dock, berth, beach, seawall, or ramp, and
				terminates when the vessel returns to a dock, berth, beach, seawall, or ramp,
				regardless of the amount of time between the departure and return of the
				vessel.
(27) "Vessel" includes any
				water craft used or capable of being used as a means of transportation on
				water. Vessel includes nondisplacement craft and any aircraft designed to
				maneuver on water.
(28) "Vessel for
				hire" means a vessel that is operated by a captain licensed by the United
				States Coast Guard and pursuant to Section
				379.354(7),
				F.S., to carry passengers for hire and has one or more passengers onboard who
				are paying a fee (directly or indirectly) to take or pursue an organism
				regulated by Division 68B, F.A.C.
Rulemaking Authority Article IV, Section 9, Florida
					 Constitution. Law Implemented Article IV, Section 9, Florida
					 Constitution.
New 9-1-13,
					 10-12-15.