The Florida Senate

372.001  Definitions.--In construing these statutes, when applied to saltwater and freshwater fish, shellfish, crustacea, sponges, wild birds, and wild animals, where the context permits, the word, phrase, or term:

(1)  "Authorization number" means a number issued by the commission, or its authorized agent, which serves in lieu of a license or permit and affords the privilege purchased for a specified period of time.

(2)  "Closed season" means that portion of the year during which the laws of Florida forbid the taking of particular species of game or varieties of fish.

(3)  "Commission" means the Fish and Wildlife Conservation Commission.

(4)  "Common carrier" includes any person, firm, or corporation which undertakes for hire, as a regular business, the transportation of persons or commodities from place to place, offering its services to all who may choose to employ it and pay its charges.

(5)  "Fish and game" includes all fresh and saltwater fish, shellfish, crustacea, sponges, wild birds, and wild animals.

(6)  "Fish management area" means 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 commission and 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.

(7)  "Fish pond" means a body of water that does not occur naturally and that has been constructed and is maintained primarily for the purpose of fishing.

(8)  "Fresh water," except where otherwise provided by law, includes all lakes, rivers, canals, and other waterways 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 order of the commission by and with the consent 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.

(9)  "Freshwater fish" includes all classes of pisces that are indigenous to fresh water.

(10)  "Fur-bearing animals" includes muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, and opossum.

(11)  "Game" means deer, bear, squirrel, rabbits, and, where designated by commission rules, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail, and doves.

(12)  "Nongame" includes all species and populations of indigenous wild vertebrates and invertebrates in the state that are not defined as game.

(13)  "Open season" means that portion of the year during which the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish.

(14)  "Private hunting preserve" includes any area set aside by a private individual or concern on which artificially propagated game or birds are taken.

(15)  "Resident" means:

(a)  Any person who has continually resided in this state for 6 months; or

(b)  Any member of the United States Armed Forces who is stationed in this state.

(16)  "Saltwater fish" means any saltwater species of finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes and marine invertebrates of the classes Gastropoda, Bivalvia, or Crustacea, or of the phylum Echinodermata, but does not include nonliving shells or echinoderms.

(17)  "Take" means taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater or saltwater fish, or their nests or eggs, by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater or saltwater fish or their nests or eggs.

(18)  "Transport" includes shipping, transporting, carrying, importing, exporting, or receiving or delivering for shipment, transportation, carriage, or export.

History.--s. 7, ch. 3147, 1879; ss. 1, 2, 3, ch. 3292, 1881; RS 2761, 2762; ss. 1, 18, 21, ch. 6532, 1913; ss. 11, 17, ch. 6877, 1915; RGS 1230, 1247, 1249, 1272, 5830; s. 1, ch. 8588, 1921; s. 1, ch. 11838, 1927; CGL 1788, 1805, 1807, 1840, 1902, 8063; s. 1, ch. 13644, 1929; CGL 1936 Supp. 1977(1); s. 1, ch. 19226, 1939; CGL 1940 Supp. 1977(1-a); s. 1, ch. 59-73; s. 1, ch. 63-30; s. 1, ch. 69-166; s. 222, ch. 81-259; s. 28, ch. 83-216; s. 1, ch. 85-235; s. 10, ch. 96-300; s. 112, ch. 99-245; s. 7, ch. 2002-46; s. 1, ch. 2003-151; s. 35, ch. 2004-5.

Note.--Former s. 371.01.