Section 68E-1.002 - Introduction, Scope and Definitions(1) Florida Statutes restrict the take, possession, disturbance, mutilation, destruction, selling, transference, molestation, and harassment of marine turtles, nests, or eggs. Protection is also afforded to marine turtle habitat. A specific authorization from Commission staff is required to conduct scientific, conservation, or educational activities that directly involve marine turtles in or collected from Florida, their nests, hatchlings or parts thereof, regardless of the applicant's possession of any federal permit. The authorization may be in the form of a conservation permit, a loan agreement, or a consent permit, as described in Rule 68E-1.0041, F.A.C.(2) Whenever the Commission determines that a request to conduct research, conservation, or educational activities with marine turtles, their nests, or hatchlings is in the public interest and will advance marine turtle recovery or protect marine turtles, their nests, or habitat, it shall issue authorizations, upon such terms, conditions, or restrictions as are necessary to ensure that the intentions of Sections 379.2431(1)(c) and (d), F.S., are not violated.(3) Under agreement with the federal government, the issuance of a permit or other authorization by the Commission may satisfy U.S. Fish and Wildlife Service permit requirements for research, conservation, or educational activities involving Florida marine turtles. An additional permit from the National Oceanographic and Atmospheric Administration might be required for in-water work.(4) Permits may not be issued for head starting, the practice of collecting marine turtle eggs or hatchlings solely for the purpose of raising them until they attain a larger size and then releasing them.(5) For the purposes of this rule, the following definitions apply: (a) "Applicant" means the individual, firm or corporation who applies for a Marine Turtle Permit from the Commission.(b) "Authorized personnel" means all individuals listed under a permit holder, named on their permit, and who are authorized to conduct marine turtle conservation activities at the direction of the permit holder or the lead qualified individual.(c) "Conservation purpose" means an act carried out solely for the purpose of maintaining life or habitat of any marine turtle, their nests, hatchlings, or promoting the recovery of marine turtle populations.(d) "Educational facility" means public or non-public colleges or universities, or nature centers, museums, zoos, aquaria, or similar institutions. Educational facilities must be regularly opened to the public for the primary purpose of providing an educational experience.(e) "Educational purpose" means to hold marine turtles to exhibit, inform and instruct the public in their biology, habitat, or conservation needs.(f) "Handbook" means the FWC Marine Turtle Conservation Handbook.(g) "Hatchery" means an area of beach where authorized individuals have placed marine turtle nests in aggregated clusters in one location, with or without restraining or protective walls.(h) "Hatchling" means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.(i) "Marine turtle" means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle), and Lepidochelys kempii (Kemp's ridley turtle) or hybrids of these species. For purposes of this rule, marine turtle is synonymous with sea turtle.(j) "Monitoring" means either gathering information using a predetermined sampling plan to collect baseline information on marine turtle distributions, nesting, and productivity or assessing impacts from a state-authorized activity as required by a state or federal regulatory permit.(k) "Nest" means an area where marine turtle eggs have been naturally deposited or subsequently relocated.(l) "Nest relocation" means the practice of collecting eggs or excavating a nest following deposition and reburying all intact eggs.(m) "Permit Holder" means the individual, firm or corporation authorized to conduct marine turtle conservation activities under the provisions of this chapter.(n) "Prudent peer review standards" means criteria or processes arising from scientific methods established or generally accepted by the scientific community to evaluate deductive models, experiments, research proposals, and results that are directed toward the validation of hypotheses or advancement of scientific knowledge.(o) "Qualified individual" means the individual who has been approved by FWC as having the appropriate experience and knowledge as specified in this chapter for the authorized activity.(p) "Regulatory permit or authorization" means a permit, water quality certificate, or authorization issued pursuant to Chapter 161 or 373, F.S.(q) "Scientific purpose" means for the purposes of conducting research or analysis using prudent experimental protocols to gain scientific knowledge and to advance conservation, population management, or biological understanding of marine turtles.(r) "Scientific research" means an activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data.(s) "Special Activity License" or "SAL" means a license issued pursuant to Chapter 68B-8, F.A.C.Fla. Admin. Code Ann. R. 68E-1.002
Rulemaking Authority 379.2431(1), 379.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS.
New 12-9-07, Amended by Florida Register Volume 42, Number 218, November 8, 2016 effective 11/23/2016.New 12-9-07, Amended 11-23-16.