SALT WATER FISHERIES AND CONSERVATION - Florida State ...

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Ch. 372 GAME AND FRESH WATER FISH Ch. 372 372.971 St. Mary's river; reciprocity agreements. 372.98 Possession of nutria, license, inspection, penalty for violation. 372.99 Illegal taking and possession of deer and wild turkey; evidence; penalty. 372.001 Definitions.-In construing these statutes, when applied to salt and fresh water fish, shell fish, crustacea, sponges, wild birds and wild animals, where the context permits, the word, phrase or term: (1) "Residents of Florida" includes citizens of the United States who have continuously resided in the state for one year and in the county for six months; provided, however, members of the armed services stationed in Florida are deemed residents of this state. (2) "Fish and game" shall include all fresh and salt water fish, shell fish, crustacea, sponges, wild birds and wild animals. (3) "Game animals" shall include deer and squirrels. (4) "Fur-bearing animals" shall incl ude muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, bear, panther and opossum. (5) "Game birds" shall include the anatidae, commonly known as swans, geese, brant and river and sea ducks; rallidae, commonly known as rails or marsh hens, coots and gallinules; limcolae, commonly known as shore bird/!, plovers, surf birds, snipe, woodcocks. sand'pipers, tattlers and curlews; gallinae commonly known as wild turkeys, grouse, pheasants and quail; and the species of columbae, known as mourning doves (commonly called turtle doves). (6) "Non-game birds" shall include all wild birds other than game birds. (7) "Fresh water fish" shall include all classes of pisces that are indigenous to fresh water. (8) "Salt water fish" shall include all classel'l of pisces, shell fish, sponges and crustacea indigenous to salt water. (9) "Open season" shall be that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish. (10) "Closed season" shall be that portion of the year wherein the laws of Florida forbid the taking of particular species of game or varieties of fish. (11) "Fresh water," except where otherwise provided by law, includes all lakes, rivers, caDals, and other water ways of Florida, to such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable and unfit for human consumption, because of the saline content, or to such point or points as may be fixed by the commission of game and fresh water fish, by and with the CODsent of the board of county commissioners of the county or counties to be affected by such order. The Steinhatchee river shall be considered fresh water from its source to mouth. (12) "Salt water" shall include all bodies of 1882 372.9901 Seizure of illegal devices; disposition; appraisal; forfeiture. 372.9902 Inapplicability of §§372.99 and 372.- 9901. water, streams, rivers, canals and water ways not defined as fresh water. (13) Wherever it is made "lawful to take" game, non-game birds, fresh water fish or fur bearing animals or parts thereof or birds' nests or eggs, it shall mean the pursuit, hunting, capturing or killing thereof in the manner and at the time and by means specifically permitted. (14) Wherever it is made "unlawful to take" game, non-game birds, fresh water fish or furbearing animals or parts thereof or birds' nests or eggs, the phrase shall include pursuing, shooting, hunting, killing, trapping, capturing, snaring, netting, gigging, and collecting and all lesser acts such as worrying the same or placing or using any net or other device for the purpose of taking same, whether or not they result in the intended taking. (15) The phrase "common carrier" shall include any person, firm or corporation, who undertakes for hire, as a regular business, to transport persons or commodities from place to place offering his services to all such as may choose to employ him and pay his charges. (16) "Transport" shall Include shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export. (17) The word "guide" shall include any person engaged in the business of guiding hunters or hunting parties, fishermen or fishing parties, for compensation. (18) "Shell fish" shall include oysters, clams and whelks. (19) "Coon oysters" are oysters found growing in bunches along the shore between high and low water mark. (20) "Reef bunch oysters" are oysters found growing on the bars or reefs in the open bay and exposed to the air between high and low tide. (21) "Food fish" shall include mUllet, trout, red fish, sheephead, pompano, mackerel, bluefish, red snapper, grouper and all other fish generally used for human consumption. (22) A "natural" oyster or clam reef, or bed, or bar, shall be considered and defined as an area containing not less than one hundred square yards of the bottom where oysters or clams are found in a stratum. (23) "Private hunting preserve" shall include any area set aside by a private individual or concern on which artificially propagated game or birds are taken. (24) "A fish management area" is a pond, lake or other water within a county or within several counties designated to improve fishing for public use and established and specifically circumscribed for authorized management by the game and fresh water fish commission and
Ch. 372 GAME AND FRESH WATER FISH Ch. 372 the board of county commissioners of the county in which such waters lie under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie. HI.torT.-17, ch. 3147, 1879; Ill, 2, 3, ch. 3292, 1881; RS 2761, 2762; Ill, 18, 21, ch. 6532, 1913; 1111, 17. ch. 6877, 1916; RGS 1230; 1247, 1249, 1272, 6830; 11, ch. 8688, 1921; II, ch. 11838, 1927; CGL 1788, 1806, 1807, 1840, 1902, 8063; §t, ch. 13644, 1929; CGL 1936 SuPp. 1977(1); II, ch. 19226, 1939; CGL 1940 Supp. 1977(l-a); (23) n . fl. ch. 59-73; (24) n . 11. ch. 63-30 ; II. ch. 69-166. Note.-Formerly §371.01. 372.01 Game and fresh water fish commis· sion.- (1) The game and fresh water fish commission shall consist of five members, one from each congressional district, as existed on January 1, 1941, who shall be appointed by the governor, subject to confirmation by the senate. (2) Members so appointed shall annually select one of their members as chairman. Such chairman may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chairman becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members. (3) Commission members shall receive no compensation for their services as such, but shall be reimbursed for traveling expenses as provided in §1l2.061. HlatorT.-§2, ch. 13644, 1929; 11. ch. 17016, 1936; CGL 1936 Supp. 1977(2) ; §l. cn. 26766. 1951; (3) f19. ch. 63-400. Note.-Attorney General Opinion 069-36. May 27. 1969. cf.-§9. Art. IV. con st. 372.02 Powers of commission and conserva· tion officers.-The game and fresh water fish commission shall have power: to adopt and enforce rules and regulations for the government of its meetings and proceedings and for the transaction of its business; to appoint chief conservation officer for each congressional district, who shall reside therein during his employment, at an annual salary, payable in monthly installments from the state game trust fund, to be fixed by said commission not to exceed one thousand eight hundred dollars; to appoint as many conservation officers as may be required to efficiently enforce the game and fresh water fish laws of this state, said officers to be paid such salary, not less than nine hundred dollars per annum, as may be fixed by said commission, payable in monthly installments from the state game trust fund; to appoint honorary game wardens, who shall serve without compensation and who shall not be empowered to carry arms; and to enforce all laws relating to game, non-game birds, fresh water fish and fur-bearing ani· mals. The chief conservation officers and the conservation officers shall be reimbursed for traveling expenses as provided in §1l2.061. Each chief conservation officer and each con- 1888 servation officer shall be covered by a public employee's faithful performance of duty bond, with two good and sufficient sureties, or one corporate blanket surety authorized to do business in this state, in the sum of one thousand dollars, to be approved by the commission, conditioned upon the faithful performance of his ffuties and payable to the governor and hls SUCCflssors in office. It shall be cause for removal fc.r any conservation officer to hunt during the open season provided by law for taking game or to act as guide to any person at any time. Hlatory.-§3, ch. 13644, 1929; 11. ch. 17016. 1935; CGT. 1936 Supp. 1977(3); fl. ch. 59-485; f2. ch. 61-ll9; §l9. ch. 63-400. 372.021 Powers, duties and authority of commission; rules, regulations and orders; effective date and notice.-The game and fresh water fish commission may exercise the powers, duties and authority granted by §9, Art. IV, of the constitution of Florida, by the adoption of rules, regulations and orders, or otherwise in its discretion, which said rules, regulations and orders shall be promulgated in the manner following: (1) All general codes of rules. regulations and orders, and all revisions thereof and amendments and additions thereto, of state-wide application, made and adopted by the commission shall be promulgated by the director of the commission. by filing a certified copy thereof with the department of state and a certified copy thereof in the office of each county judge of this state, and by the publication of a notice one time in each of the congressional districts of the state in a newspaper published in and having general circulation in such district, notifying and advising the people of the state such code of rules, regulations and orders, or revisions, amendments or additions thereto, have been made and adopted by the commission and a certified copy thereof is on file with the department of state and also in the office of each county judge in the state, and a copy thereof may be obtained from the commission at its office in Tallahassee. (2) Such general code of rules, regulations and orders, and all revisions, amendments and additions thereto, shall become effective thirty days after the filing of a certified copy with the department of state. (3) All rules, regulations and orders. and all revisions thereof and amendments and additions thereto, of less than state-wide application, made and adopted by the commission, shall be filed with the department of state and notice thereof shall be published by the director of the commission, one time in a newspaper of general circulation published in the area or areas affected by such rule or regulation, within ten days from the date of the adoption thereof. Such rules. regulations and orders, and all revisions thereof and amendments and additions thereto shall become effective twenty days after being filed with the department of state, and by publication as aforesaid the director of game and fresh water fish commission shall give
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