Section 68B-35.002 - DefinitionsAs 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.Fla. Admin. Code Ann. R. 68B-35.002
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, Amended by Florida Register Volume 43, Number 060, March 28, 2017 effective 4/13/2017.New 7-1-89, Amended 1-1-96, Formerly 46-35.002, Amended 1-1-04, 8-29-11, 4-13-17.