Definitions, General Conditions and Restrictions, Scientific Research Special Activity License, Education/Exhibition Special Activity License, Prohibited Species Collection Criteria, Stock Collection and Release Special Activity License, Aquaculture ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-8.002: Definitions
68B-8.003: General Conditions and Restrictions
68B-8.006: Scientific Research Special Activity License
68B-8.007: Education/Exhibition Special Activity License
68B-8.009: Prohibited Species Collection Criteria
68B-8.010: Stock Collection and Release Special Activity License
68B-8.011: Aquaculture Broodstock Collection Special Activity License
68B-8.012: Snook Special Activity License
68B-8.013: Non-Conforming Gear Special Activity Licenses and Exemptions

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 53, December 31, 2008 issue of the Florida Administrative Weekly.

These changes are being made to delete language that was developed to clarify aquaculture activities that needed to be licensed and update new incorporation dates for policies and application forms.

New subsection (21) was deleted and subsequent subsections have been renumbered, and incorporation dates have been updated to read:

68B-8.002 Definitions.

(1) through (20) No change.

(21) “Release” means the intentional or unintentional introduction, reintroduction or relocation of eggs or organisms that have been held in captivity, into waters of the state, including municipal waters.

(21)(22) “Scientific research” means an activity that uses marine organisms to conduct one or more of the following:

(a) through (b) No change.

(c) Restoration activity that facilitates mitigation or recovery of hard bottom marine organisms and includes subsequent monitoring to measure the success of the restoration effort. Restoration activities do not include oyster relay activities authorized pursuant to Section 597.010, F.S.

(22) through (26) No change.

Subsection (7) has been amended to read:

68B-8.003 General Conditions and Restrictions.

(7) RELEASE OF MARINE ORGANISMS. No marine organism that has been maintained in captivity shall be released unless the release is authorized by a SAL or FMSEA Certification or the release is conducted in accordance with the “Florida Fish and Wildlife Conservation Commission Policy on the Release of Marine Organisms, September 2009” which is hereby adopted as a rule of the Commission and is incorporated herein by reference. However, the release restrictions of this subsection do not apply to:

(a) No change.

(b) The use of a marine organism for bait, provided that the bait is not an aquacultured product.

(c) No change.

(d) Releases associated with aquaculture activities or aquacultured products that have the potential to impact wild stocks (e.g. net pens, aquacultured bait), provided that the FWC has entered into a written agreement with the Department of Agriculture and Consumer Services that addresses how the conduct of such activities will be governed in a manner that preserves the health and genetic diversity of the wild stock native to Florida waters and the adjacent EEZ.

Paragraph (3)(b) has been amended to reflect the new application incorporation date as follows:

68B-8.006 Scientific Research Special Activity License.

(3) FEES AND APPLICATION.

(a) No change.

(b) An applicant for a Scientific Research SAL must complete and submit a Scientific Research SAL application form provided by the Commission (Form DMF-SRSAL (9/09 2/09)).

Paragraph (4)(b) has been amended to reflect the new application incorporation date as follows:

68B-8.007 Education/Exhibition Special Activity License.

(4) FEES AND APPLICATION.

(a) No change.

(b) An applicant for an Education/Exhibition SAL must complete and submit an Education/Exhibition SAL application form provided by the Commission (Form DMF-ESAL (9/09 2/09)).

Subparagraph (4)(b)10. has been amended to reflect a new incorporation date as follows:

68B-8.009 Prohibited Species Collection Criteria.

(4) EVALUATION CRITERIA.

(b) In addition to the evaluation criteria set forth in subsection 68B-8.004(2), F.A.C., an application for an Education/Exhibition SAL involving prohibited species will be evaluated based on the following criteria:

1. through 9. No change.

10. Whether or not the requested collection is consistent with the “Florida Fish and Wildlife Conservation Commission Marine Prohibited Species Policy, September February 2009” which is hereby adopted as a rule of the Commission and is incorporated herein by reference.

Subsection (1) has been amended, new subsection (2) was deleted and subsequent subsections have been renumbered, and incorporation dates have been updated to read:

68B-8.010 Stock Collection and Release Special Activity License.

(1) PURPOSE. The purpose of a Stock Collection and Release SAL is to ensure that activities which involve the collection of broodstock or wild stock and the release of captive-bred offspring or captive-reared wild stock for scientific research, stock enhancement, or stock restoration, put-and-take fisheries, purposeful introductions or aquaculture purposes are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida waters and the adjacent EEZ. Scientific research, stock enhancement, or stock restoration, put-and-take fisheries, purposeful introductions or aquaculture activities that are conducted to fulfill mitigation requirements established by other state or federal agencies are not exempt from the provisions and requirements of this rule.

(2) EXEMPTIONS. Releases associated with aquaculture activities or aquacultured products that have the potential to impact wild stocks (e.g. net pens, aquacultured bait) will not require authorization pursuant to a Stock Collection and Release SAL provided that the FWC has entered into a written agreement with the Department of Agriculture and Consumer Services that addresses how the conduct of such activities will be governed in a manner that preserves the health and genetic diversity of the wild stock native to Florida waters and the adjacent EEZ.

(2)(3) FEES AND APPLICATION.

(a) No change.

(b) An applicant for a Stock Collection and Release SAL must complete and submit a Stock Collection and Release SAL application provided by the Commission (Form DMF-SCRSAL (9/09 2/09)).

(3)(4) EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.004(2), F.A.C., an application for a Stock Collection and Release SAL will be evaluated via genetic risk assessment using the flowchart entitled, “Decision Process for the Genetic Risk Assessment of Release Activities Involving Marine Organisms, September February 2009” (which is hereby adopted as a rule of the Commission and is incorporated herein by reference) and based on information contained in the applicant’s Hatchery and Genetic Management Plan (HGMP) that must be submitted as part of the application process. The information requested in the HGMP is designed to address four primary genetic concerns: potential impacts from translocations of non-indigenous genes, potential impacts from propagation-related genetic changes in cultured fish, potential impacts from excessive genetic input into natural populations, and indirect genetic impacts.

(5) through (6) renumbered (4) through (5) No change.

Paragraph (3)(b) has been amended to reflect the new application incorporation date as follows:

68B-8.011 Aquaculture Broodstock Collection Special Activity License.

(3) FEES AND APPLICATION.

(a) No change.

(b) An applicant for an Aquaculture Broodstock Collection SAL must complete and submit an Aquaculture Broodstock Collection SAL application provided by the Commission (Form DMF-ABCSAL (9/09 2/09)).

Paragraph (3)(b) has been amended to reflect the new application incorporation date as follows:

68B-8.012 Snook Special Activity License.

(3) FEES AND APPLICATION.

(a) No change.

(b) An applicant for a Snook SAL must complete and submit a Snook SAL application form provided by the Commission (Form DMF-SSAL (9/09 2/09)).

Paragraphs (5)(c) and (8)(c) have been amended to reflect the new application incorporation date as follows:

68B-8.013 Non-Conforming Gear Special Activity Licenses and Exemptions.

(5) GEAR INNOVATION SPECIAL ACTIVITY LICENSE.

(c) FEES AND APPLICATION.

1. No change.

2. An applicant for a Gear Innovation SAL must complete and submit a Gear Innovation SAL application form provided by the Commission (Form DMF-GISAL (9/09 2/09)).

(8) NONPROFIT CORPORATION SPECIAL ACTIVITY LICENSE.

(c) FEES AND APPLICATION.

1. No change.

2. An applicant for a Nonprofit Corporation SAL must complete and submit a Nonprofit Corporation SAL application form provided by the Commission (Form DMF-NPSAL (9/09 2/09)).

No other changes were made to the rule amendments as proposed.