As used in Chapter 68B-8, F.A.C.:

1. (1) “Anadromous” means species of fish that live in sea waters and migrate to fresh or estuarine waters to spawn.
2. (2) “Broodstock” means any wild or captive marine organism of any life stage collected or held for propagation.
3. (3) “Captivity” means when a marine organism at any life stage is held in a controlled or selected environment that has boundaries designed to prevent such organism from entering or leaving the controlled environment.
4. (4) “Catadromous” means species of fish that live in fresh or estuarine waters and migrate to sea waters to spawn.
5. (5) “Certified aquaculture facility” means a facility that has a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and is constructed and maintained in accordance with Aquaculture Best Management Practices, Rule 5L-3.004, F.A.C.
6. (6) “Contractor” is an entity that is paid for services rendered to collect, relocate, or transport marine organisms, or paid to provide expertise as an agent or consultant for the collection, relocation, or transport of marine organisms. Salaried staff or faculty, non-salaried volunteers, students, interns, or visiting principal investigators who do not receive monetary compensation for their collection assistance are not contractors.
7. (7) “Educational purpose” means an activity that uses marine organisms to identify or interpret some aspect of an organism’s taxonomy, behavior, physiology, or ecology; to conduct laboratory activities; to provide instruction on field techniques; or to explain marine resource management issues to individuals formally enrolled in an instructional setting.
8. (8) “Estuarine” means the part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water, and extending upstream to where ocean-derived salts measure less than 0.5 parts per thousand.
9. (9) “Exhibitional purpose” means an activity that uses marine organisms for the primary purpose of display in a facility open to the general public on a scheduled basis, and whose operational activities have a marine related component.
10. (10) “FMSEA Certification” means documentation validating a person’s completion of the Florida Marine Science Educators Association Aquatic Species Collection workshop.
11. (11) “Genetic conservation unit” or “GCU” means a specific population, group of populations, or habitat(s) designated to preserve or maintain genetic diversity, evolutionary potential, and adaptive capacity of a species and/or subspecies.
12. (12) “Hard bottom” means any living natural or artificial reef (including coral reefs, oyster reefs, and worm reefs) or varying biological assemblage of marine organisms attached to hard substrate.
13. (13) “Harvest” or “collect” means the catching, taking, or molesting of a marine organism by any means whatsoever, followed by a reduction of such organism or part thereof to possession. A marine organism that is caught and immediately returned to the water free, alive, and unharmed is not harvested.
14. (14) “Marine organism” means an organism that has a natural portion of its life cycle that is dependent upon marine or estuarine waters, including anadromous and catadromous organisms and plants but excluding striped bass (Morone saxatilis), American eels (Anguilla rostrata), marine reptiles, marine mammals, and birds.
15. (15) “Marine Organism of Opportunity” or “MOO” means a marine organism that has become available for rescue from a construction project area or an area that has been physically damaged, or through natural processes, strandings, or unknown events.
16. (16) “Marine turtle permit” means a permit issued pursuant to Section 379.2431, F.S., and Chapter 68E-1, F.A.C.
17. (17) “Mitigation” means an action that is taken to avoid, minimize or offset potential negative effects of an activity.
18. (18) “Non-conforming gear” means a harvesting gear that is prohibited or is otherwise not allowed for the recreational or commercial harvest of marine organisms pursuant to Division 68B, F.A.C., Chapter 379, F.S., or the Florida Constitution.
19. (19) “Nursery” means a land or water-based central location where holding, propagation, grow out (rearing), acclimation, staging, or restoration research activities occur.
20. (20) “Outplanting” or “seeding” means the removal of a marine organism from any nursery or temporary holding location, and placing such organism into any in-water location outside of an in-water nursery or in-water temporary holding location. Outplanting excludes relocation and transfer.
21. (21) “Person” means an individual, firm, entity, or corporation.
22. (22) “Prohibited species” means a marine organism for which harvest, possession, or sale is prohibited in Title 68, F.A.C., or Chapter 379, F.S.
23. (23) “Release” means the introduction, liberation, outplanting, placement, reintroduction, relocation, stocking, transfer, translocation, or transplantation of any marine organism into or within any in-water location.
24. (24) “Relocation” means the movement of a marine organism at any life stage from an in-water location to another in-water location, but excludes outplanting and transfer.
25. (25) “Restoration” means any activity designed and implemented to cause or assist in the recovery of growth, sustainability, or viability for populations negatively affected by natural or human-caused impacts.

26. (26) “Scientific research” means an activity that uses marine organisms to conduct one or more of the following:

    1. (a) Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data using an experimental design, controls, and data analysis to test a stated hypothesis.
    2. (b) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.
27. (27) “Snook” means any fish of the genus Centropomus, or any part thereof.
28. (28) “Special Activity License” or “SAL” means a license or certificate issued pursuant to Chapter 68B-8, F.A.C.
29. (29) “Tag” means any internal or external device or other marking, placed in or on an organism for purposes of identification or data collection.
30. (30) “Transfer,” when used in reference to the possession of a marine organism, means the physical conveyance of a marine organism between entities or locations, but excludes outplanting and relocation.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26.