Fla. Admin. Code R. 68B-2.001

Current through Reg. 50, No. 217; November 5, 2024

Section 68B-2.001 - General Definitions

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.

Fla. Admin. Code Ann. R. 68B-2.001

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution.

New 9-1-13, Adopted by Florida Register Volume 41, Number 189, September 29, 2015 effective 10/12/2015.

New 9-1-13, 10-12-15.