68A-23.088. Regulations Governing Grass Carp

(1) No person shall take, possess, sell or otherwise transfer, buy or otherwise receive, transport or stock any grass carp without first obtaining a permit therefor from the Commission. Any grass carp inadvertently taken must be immediately returned unharmed to the water.

(2) Permits for grass carp other than triploid grass carp: Grass carp, other than triploid grass carp, may be possessed only as authorized by permit issued by the Commission for the production of triploid grass carp and subject to the following:

(a) Grass carp, other than triploid grass carp, held outdoors may only be held in a water body that has the lowest point of the top edge of its levee, dike or bank or tank at an elevation of at least one foot above the 100-year flood elevation determined by reference to elevation maps issued by the National Flood Insurance Program, U.S. Department of Housing and Urban Development. Such water body shall have no water discharge. Such water body shall be inaccessible to the public at all times by being securely enclosed by fences with locked gates or by the presence of the permittee or his agents guarding such water body and forbidding public access to such water body.

(b) Grass carp, other than triploid grass carp, held indoors may only be held in a container or tank having no water discharge or having a water discharge through a closed drain system that terminates in a dry-bed, waste-water pond. Such dry-bed, waste-water pond shall not be contiguous to any natural water body nor discharge its waters to any other water body at any time.

(c) Grass carp, other than triploid grass carp, may not be possessed in any number exceeding the number authorized by the permit. Grass carp, other than triploid grass carp, that are produced as a by-product in the production of triploid grass carp shall be destroyed, unless such grass carp that are produced as by-product do not cause the permittee to exceed the number of grass carp, other than triploid grass carp, that the permittee is authorized to possess by permit.

(3) Permits for triploid grass carp:

Triploid grass carp may be possessed, stocked, sold, transferred or transported only as authorized by permit issued by the Commission subject to the following:

(a) Triploid grass carp may be held outdoors only in a water body upon which is placed a structure installed in such a manner as to prevent escape of the triploid grass carp from the water body, or in a water body having a natural configuration that forecloses escape of such triploid grass carp. Such structure or configuration shall be maintained by the permittee as long as triploid grass carp remain in the water body.

(b) No person shall sell or otherwise transfer any triploid grass carp, except as authorized by permit from the Commission in addition to any license required for such transfer or sale by Section 379.363, F.S. No person shall sell or otherwise transfer any triploid grass carp unless the recipient of such grass carp has a permit as provided by this section. A copy of such recipient’s permit shall be maintained in the transferor’s records for a period of one year following such transfer and made available for inspection upon request of the Commission. Any grass carp sold or otherwise transferred shall be certified as triploid grass carp as provided in Rule 68A-1.004, F.A.C. prior to such sale or transfer or prior to transporting such grass carp for such sale or transfer. The transferor shall furnish to the Commission a report within 30 days following each calendar quarter indicating the transferor’s permit number; the name, address and permit number of each recipient of such triploid grass carp; the date of each sale or other transfer; and the number of triploid grass carp sold or transferred, for each sale or other transfer made during the calendar quarter.

(c) No person shall transport any triploid grass carp without having a copy of the Commission permit authorizing such transportation accompanying the shipment of triploid grass carp, and without such shipment containing only triploid grass carp, certified as provided in Rule 68A-1.004, F.A.C., and the certificate shall accompany such shipment of triploid grass carp.

(d) The Commission may deny an application for a permit to stock triploid grass carp in any water body, other than a private pond, if such proposed stocking is inconsistent with the principal or planned use of the water body, the optimum sustained use by the public of the water body’s living aquatic resources, or sound biological management principles.

(e) Notwithstanding the provisions of paragraph (3)(d) of this section, the Commission may grant an application for a research permit to possess or stock triploid grass carp for legitimate research purposes, subject to the following:

1. The research permit shall expire 12 months from the date of issuance.

2. A detailed research proposal shall accompany the application for the research permit. Such proposal shall state with particularity the research objectives and justifications, research project schedule, research methodology, and safeguards that shall assure that any detrimental effect upon the water body or its living aquatic resources will not be of a permanent or substantial nature.

3. A detailed annual report of research findings, which shall include a description of activities undertaken in the permit period, progress toward research project objectives and proposed activities to be undertaken in the ensuing months, shall be submitted prior to renewal of the research permit. Receipt and approval by the Commission is a condition precedent to renewal of the research permit.

(4) All places where grass carp are possessed shall be subject to inspection by Commission personnel at any time. Such inspection may include obtaining blood samples from grass carp for purposes of ascertaining ploidy.

Specific Authority Art. IV, Sec. 9, Fla. Const., 369.22 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 369.22, 379.28 FS. History–New 6-1-86, Amended 7-1-89, 7-1-90, 7-1-92, Formerly 39-23.088.