68A-23.009. Sale and Transportation of Freshwater Fish  


Effective on Sunday, May 15, 2022
  • 1(1) No person shall sell, purchase, attempt to purchase or sell, or transport any freshwater game fish unless otherwise authorized by specific rule of the Commission. Any person transporting game fish in excess of legal possession limits shall possess documentation that said fish have been acquired legally and are being legally transported.

    53(a) Holders of valid fishing licenses or persons exempt from such licenses may transport their legal possession limit.

    71(b) No common carrier shall knowingly transport or receive for transportation any freshwater game fish unless such shipment is accompanied by a bill of lading showing the name of the shipper, aquaculture certificate of registration number issued by the Department of Agriculture and Consumer Services if an aquaculture product, total weight of or quantity of each species of fish shipped, and the date of the shipment.

    137(c) The importation into or transportation within the state of any live Micropterus species is prohibited, except 154Micropterus salmoides floridanus 157that meet Florida Fish and Wildlife Conservation Commission’s Genetic Authentication Standards listed in subsection (2) of this rule. Recreational anglers may transport their legally caught bag limit for personal use, which does not include the release of their catch into another waterbody. 199Micropterus salmoides floridanus 202may be imported into or transported within this state under a FWC import and transport permit, or a permit issued pursuant to Rule 22568-5.005 226or 22768A-9.002, 228F.A.C. An import and transport permit application may be found at Myfwc.com/fl-lmb-genetic-authentication.

    240(d) Persons authorized to possess, import and transport 248Micropterus salmoides floridanus 251shall collect and provide samples of stock in the presence of Commission personnel upon request.

    266(e) 267Micropterus 268species being transported in Florida must be accompanied with documentation providing the date of the shipment, total weight or quantity of each species of 292Micropterus 293shipped, 294Micropterus salmoides floridanus 297Genetic Authentication documentation if transporting live 303Micropterus, 304appropriate bill of lading showing the name of the shipper, Aquaculture Certificate of Registration number issued by the Department of Agriculture and Consumer Services or an FWC import and transport permit, except as permitted pursuant to Rule 34168-5.005 342or 34368A-9.002, 344F.A.C. These documents must be available for immediate inspection upon request by Commission personnel.

    358(2) Persons possessing a valid aquaculture certificate of registration from the Department of Agriculture and Consumer Services as required in Section 379597.004, F.S.381:

    382(a) May sell and transport live game fish produced in private ponds or private hatcheries as brood stock, to stock private ponds, or for aquarium display.

    408(b) May sell game fish commonly called panfish as defined in Rule 42068A-1.004, 421F.A.C., as bait provided the fish are four inches or less in total length.

    435(c) May import, transport, culture and sell as food fish, game fish as defined in Rules 45168A-1.004(33)(b)-452(g), and 454Micropterus salmoides floridanus457.

    458(d) Must confirm genetics of 463Micropterus salmoides floridanus 466in a manner consistent with Florida Fish and Wildlife Conservation Commission’s Genetic Authentication Standards of 481Micropterus salmoides floridanus 484(Myfwc.com/fl-lmb-genetic-authentication), which is adopted and incorporated herein by reference at 494http://www.flrules.org/Gateway/reference.asp?No=Ref-14143 496effective March 2022. Documentation of genetic authentication must be maintained and available for immediate inspection upon request by Commission personnel.

    516(3) Freshwater non-game fish may be taken and sold as provided by law and these rules.

    532(4) No person shall sell or possess for the purpose of sale any freshwater fish without having in his possession a bill of sale or other documentary evidence showing the name and address of the supplier of any such fish.

    572(5) The foregoing shall not prohibit the sale or purchase of mounted specimens of lawfully taken freshwater fish.

    590(6) Any person transporting fish or frogs for a holder of any commercial license issued under provisions of Section 609379.363, F.S., 611shall be in possession of documentation that such license has been issued and is valid.

    626Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 642379.363 FS. 644History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-23.09, Amended 9-30-86, 4-11-90, 6-20-90, 4-12-98, Formerly 39-23.009, Amended 7-1-05, 5-15-22.