The purpose of this rulemaking is to improve the operation of the Marine Special Activity License (SAL) program, update and modernize rule language, extend license periods, meet evolving program needs, and support the restoration ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-8.001Introduction and Scope

68B-8.002Definitions

68B-8.003General Conditions and Restrictions

68B-8.004Application Review Process and Evaluation Criteria

68B-8.005Third Party Contractors

68B-8.006Scientific Research Special Activity License

68B-8.007Education/Exhibition Special Activity License

68B-8.008Florida Marine Science Educators Association Certification

68B-8.009Prohibited Species Collection Criteria

68B-8.010Stock Collection and Release Special Activity License

68B-8.011Aquaculture Broodstock Collection Special Activity License

68B-8.012Snook Special Activity License

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

68B-8.014Marine Chemical Special Activity License

68B-8.015Dredge Special Activity License

PURPOSE AND EFFECT: The purpose of this rulemaking is to improve the operation of the Marine Special Activity License (SAL) program, update and modernize rule language, extend license periods, meet evolving program needs, and support the restoration and recovery of coral, oyster, seagrass, and other resources. The effect of these changes would be to reduce administrative burdens on applicants and licensees, provide additional information to increase transparency for applicants, implement changes to meet evolving program needs, and expand the types of activities that may be authorized through the SAL program.

SUMMARY: These proposed rule amendments would update Special Activity License (SAL) eligibility requirements, license periods, and license conditions; remove outdated and unnecessary language; update the SAL program administration process; remove the limit on the number of authorized personnel listed on an SAL; streamline the FWC Law Enforcement notification process for licensees; specify which SAL types allow the use of third party contractors; update and create new definitions to correspond to proposed rule changes; repeal the Dredge SAL; and update the Aquaculture Broodstock Collection and Stock Collection and Release SALs. Updates to the ABC SAL include extending the valid license period to two years and expanding eligibility requirements to include certified marine plant producers to accommodate the collection of rooted marine plants as broodstock for aquaculture research, restoration, or commercial aquaculture. Updates to the SCR SAL include expanding eligibility requirements to ensure applicants have appropriate experience and veterinary support necessary to complete requested activities related to the relocation, production, outplanting, or rehabilitation of marine organisms, and to establish license conditions that will ensure these activities are conducted in a manner that preserves the health and genetic diversity of wild populations and will provide for emergency response activities.

The Marine SAL program issues licenses to accommodate activities requiring exemptions to state marine fisheries regulations, such as scientific research, education, exhibition, the release of marine organisms, collection of broodstock for aquaculture, and testing innovative fishing gear. SAL program rules, which were last updated 15 years ago, include language that is now outdated or unnecessary. Additionally, the rules need to be updated to address a recent expansion in the types of activities requested by practitioners and that are necessary to respond to various environmental events, such as coral disease outbreaks and outplanting of corals for restoration and to accommodate current or new practices. The proposed rules would provide general updates and clarifications to improve the licensing process, accommodate additional requested activities, update license provisions, and provide additional transparency for SAL applicants.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting December 11-12, 2024, 8:30 a.m. – 5:00 p.m. each day.

PLACE: RP Funding Center, Sikes Hall, 701 West Lime Street, Lakeland, Florida 33815.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-8.001 Purpose and Intent Introduction and Scope.

(1) The Florida Fish and Wildlife Conservation Commission recognizes that there are justifiable reasons to allow the harvest, possession, or release of marine organisms that would require the waiver be in violation of one or more of the state’s marine fisheries rules. Such activities include but are not limited to scientific research, restoration, education/exhibition, aquaculture, the use of non-conforming or innovative gear, the use of marine chemicals, and the release of marine organisms, and the use of dredges.

(2) The rules in this chapter establish the Special Activity License (SAL) Program and allow the Commission to enter into agreements. Under this program the Commission will evaluate a proposed activity that requires a waiver of state marine fisheries rules. If the Commission determines that the proposed activity is in the best interest of the public of the State of Florida, it may issue a SAL or FMSEA Certification or enter into an agreement that includes terms, conditions, or restrictions that are necessary to ensure that the activity is consistent, to the maximum extent practicable, with fisheries rules, management plans of the Commission, and the best available scientific information.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 2-1-25.

 

68B-8.002 Definitions.

As used in Chapter 68B-8, F.A.C.:

(1) through (2) No change.

(3) “Bred in Captivity” or “Captive Bred” refers to eggs or organisms, born or otherwise produced in captivity from broodstock that mated or otherwise transferred gametes in captivity (if reproduction is sexual), or from broodstock that were in captivity when development of the progeny began (if development is asexual).

(3)(4) “Broodstock” means any wild or captive marine organism of any life stage collected or held for propagation sexually mature organisms of both genders capable of producing gametes or offspring now or in the future for artificial cultivation purposes. Broodstock includes organisms captured to conduct immediate source spawning or for long-term retention.

(4)(5) “Captivity” means when a marine organism at any life stage is eggs or live organisms are held in a controlled or selected aquatic environment that has boundaries designed to prevent such organism eggs or live organisms from entering or leaving the controlled environment.

(5)(6) No change

(6)(7) “Certified aquaculture facility” means a facility that has a valid aquaculture certificate of registration issued by DOACS pursuant to Section 597.004, F.S., and is constructed and maintained in accordance with Aquaculture Best Management Practices, Rule 5L-3.004, F.A.C.

(8) “DOACS” means Department of Agriculture and Consumer Services.

(9) through (11) renumbered as (7) through (9). No change.

(10)(12) “FMSEA Certification” means documentation validating a person’s the completion of the Florida Marine Science Educators Association Aquatic Species Collection workshop.

(11) “Genetic conservation unit” or “GCU” means a specific population, group of populations, or habitat(s) designated to preserve or maintain genetic diversity, evolutionary potential, and adaptive capacity of a species and/or subspecies.

(12)(13) No change

(13)(14) “Hard bottom” means any living natural or artificial reef (including coral reefs, oyster reefs, and worm reefs) or varying biological assemblage assemblages of marine organisms attached to hard substrate.

(14)(15) “Harvest” or “collect” means the catching, taking, or molesting of a marine organism by any means whatsoever, followed by a reduction of such organism or part thereof to possession. A marine organism that is caught and immediately returned to the water free, alive, and unharmed is not harvested.

(15)(16) “Marine organism” means an organism, including anadromous and catadromous organisms and plants, that has a natural portion of its life cycle that is dependent upon marine or estuarine waters, including anadromous and catadromous organisms and plants but excluding striped bass (Morone saxatilis), American eels (Anguilla Anguila rostrata), non-living shells, marine reptiles, marine mammals, and birds.

(16)(17) No change

(17) “Mitigation” means an action that is taken to avoid, minimize or offset potential negative effects of an activity.

(18) No change.

(19) “Nursery” means a land or water-based central location where holding, propagation, grow out (rearing), acclimation, staging, or restoration research activities occur.

(20) “Organism of opportunity” means a marine organism that has become available for rescue from a construction project area or an area that has been physically damaged, or through natural processes, strandings, or unknown events.

(21) “Outplanting” or “seeding” means the removal of a marine organism from any nursery or temporary holding location, and placing such organism into any in-water location outside of an in-water nursery or in-water temporary holding location.

(22)(19) No change

(23)(20) No change

(24) “Release” means the introduction, liberation, outplanting, placement, reintroduction, relocation, stocking, transfer, translocation, or transplantation of any marine organism into or within any in-water location.

(25) “Relocation” means the movement of a marine organism at any life stage from an in-water location to another in-water location, but excludes outplanting and transfer.

(26) “Restoration” means any activity designed and implemented to cause or assist in the recovery of growth, sustainability, or viability for populations negatively affected by natural or human-caused impacts.

(27)(21) “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.

(28)(22) No change

(29)(23) No change

(30) “Tag” means any internal or external device or other marking, placed in or on an organism for the purpose of identification.

(24) “Stock enhancement” means the process of releasing many organisms into a self-sustaining, naturally reproducing population of the same native species, in order to increase the number of breeders in that population. Stock enhancement represents an attempt to offset harvesting pressure or to expand stock size based upon a presumed underutilized carrying capacity of the environment.

(25) “Stock restoration” means the captive breeding and release of marine organisms to maintain or re-establish the demographic stability and biological diversity of a non self-sustaining (inviable) or locally extirpated natural population (stock) until such time that a naturally self-sustaining stock can be re-established. Restoration includes stock enhancement.

(31)(26) “Third party contractor” is an entity that is paid for services rendered to collect or transport marine organisms on behalf of an a SAL holder, or paid to provide expertise as an agent or consultant for the collection or transport of marine organisms on behalf of an a SAL holder. Salaried staff or faculty, non-salaried volunteers, students, interns, or visiting principal principle investigators who do not receive monetary compensation for their collection assistance are not third party contractors.

(32) “Transfer,” when used in reference to the possession of a marine organism, means the physical conveyance of a marine organism between entities or nurseries.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.003 General Conditions and Restrictions.

(1) An SAL or FMSEA Certification is not transferable. ELIGIBILITY.

(a) A SAL or FMSEA Certification will not be issued to a person and no person shall conduct activities under a SAL if, during the 36-month period prior to the application or activity, that person has been charged with a violation of a rule in Title 68, F.A.C.; Chapter 370, 372 or 379, F.S.; or 50 CFR Parts 622, 635, 640, 648, 654, 660, or 679 unless that person has received a final disposition of acquittal or dismissal of such charged violation.

(b) A Stock Collection and Release SAL, an Aquaculture Broodstock Collection SAL, or a Snook SAL will not be issued to a person and no person shall conduct activities under such SAL, if that person has been charged with a violation of a provision of Section 597.004, F.S., or Chapter 5L-3, F.A.C.

(c) A SAL will not be issued for an activity that is allowed under the marine recreational fishing regulations, with the exception of an Aquaculture Broodstock Collection SAL.

(d) A SAL will not be issued to a third party contractor.

(2) APPLICATION, ISSUANCE, AND LICENSE PERIODS.

(a) A person may apply for and be issued a SAL at any time and a SAL shall be valid for 12 months from the date of issuance with the following exceptions:

1. The period of validity of a Scientific Research SAL will be based on the duration of the proposed activity, provided that the duration is no longer than is necessary to achieve its stated purpose and it does not exceed 36 months from the date of issuance. The period of validity for a Scientific Research SAL issued for prohibited species shall not exceed 12 months from the date of issuance.

2. An Education/Exhibition SAL involving the collection of prohibited species may only be applied for April 1 through April 30 or October 1 through October 31.

3. An Aquaculture Broodstock Collection SAL is only valid so long as the SAL holder also holds a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C.

4. The period of validity of a Governmental Purpose SAL will be based on the duration of the proposed activity, provided that it is no longer than is necessary to achieve its stated purpose.

5. The period of validity of a Nonprofit SAL is 36 months.

(b) A person may apply for and shall be issued a FMSEA Certification upon completion of workshop training and a FMSEA Certification is valid for 36 months.

(3) TRANSFERABILITY OF LICENSE OR CERTIFICATION. A SAL or FMSEA Certification is not transferable. If a SAL or Certificate holder changes his or her affiliation, the SAL or Certificate is no longer valid and must be amended or re-issued.

(4) SCOPE OF AUTHORITY. A SAL or FMSEA Certification does not authorize any activity outside of state waters, within zoned areas of the Florida Keys National Marine Sanctuary, or within the boundaries of any federal park. For purposes of this subsection, “zoned areas of the Florida Keys National Marine Sanctuary” means Sanctuary Preservation Areas, Special Use Areas, Research Only Areas, and Ecological Reserves.

(2)(5) Law Enforcement Notification – A license holder must provide notice to the Commission’s Division of Law Enforcement of their intent to conduct activities authorized by an SAL or FMSEA Certification no less than 24 hours prior to conducting such activities. The content and submission of such notice shall be made in the manner prescribed on the license holder’s SAL or FMSEA Certification LAW ENFORCEMENT NOTIFICATION. The holder of a SAL or FMSEA Certification must notify the nearest Commission Law Enforcement Dispatch Center not later than 24 hours prior to conducting activities under a SAL or FMSEA Certification. Notification shall consist of a float plan detailing locations, dates, and times of activities. Deviations from the float plan are permitted only after 24-hour advance notification to the nearest Commission Law Enforcement Dispatch Center. Float plans are valid for the duration of the SAL or FMSEA Certification unless rescinded by the SAL or FMSEA Certification holder.

(6) AUTHORIZED PERSONNEL.

(a) No more than 10 individuals shall be authorized to conduct activities pursuant to a SAL unless justification for additional personnel is provided by the applicant and additional personnel are necessary to achieve the stated purpose of the SAL.

(b) Authorized personnel on a FMSEA Certification will be limited to the certification holder, teaching assistants, and up to 100 students per collecting trip. Both the teaching assistants and students must be operating under the direct supervision of the Certification holder and there must be at least one adult per ten students.

(3)(7) Release of Marine Organisms – RELEASE OF MARINE ORGANISMS. No marine organism that has been maintained in captivity shall be released unless the release is authorized by an a SAL or FMSEA Certification and 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 and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. However, the release restrictions in paragraph (a) of this subsection do not apply to:

(a) Catch-and-release activities that occur during the course of recreational fishing.

(b) The use of a marine organism for bait.

(c) The temporary possession of bycatch or of a marine organism that is temporarily retained in order to conduct directed commercial fishing activities, provided that the marine organism is not retained any longer than is necessary to accomplish the directed harvest.

(4)(8) Tagging of Marine Organisms – TAGGING OF MARINE ORGANISMS. No marine organism shall be tagged unless such tagging activity has been authorized pursuant to an a SAL or FMSEA Certification. The tagging restrictions of this subsection do not apply to directors of a fishing tournament or their designee, who may tag up to five (5) fish per tournament for purposes of awarding prizes to tournament participants. For purposes of this section, a “tag” means any internal or external device or other marking, placed in or on an organism for the purpose of identification.

(9) REPORTING REQUIREMENTS. Required reporting documentation must be submitted within 30 days after expiration of the SAL.

(5)(10) Transferability of Marine Organisms – TRANSFERABILITY OF MARINE ORGANISMS.

(a) An A SAL or FMSEA Certification is not required if a marine organism harvested pursuant to an a SAL or FMSEA Certification is being moved through formal transfer or loan between facilities that meet the eligibility requirements for individual Special Activity Licenses as established in Chapter 68B-8, F.A.C. subsection 68B-8.003(1), F.A.C., and that are certified aquaculture facilities or are conducting scientific research, education, or exhibition activities. A marine organism authorized for sale under subsection  68B-8.003(11), F.A.C., is not considered a transfer or loan. In lieu of an a SAL or FMSEA Certification, the recipient facility must permanently maintain documentation of the transfer or loan for documentation must be permanently maintained by a facility that possesses a marine organism in their possession that was harvested pursuant to an a SAL or FMSEA Certification and transferred or loaned to that facility. The documentation must include the following:

1. through 3. No change.

4. A detailed description of each marine organism being transferred or loaned including common name, scientific name, size, and sex.

5. Quantity Number of each species type of marine organism being transferred or loaned.

6. Date of transfer, or dates of beginning and ending date of loan.

7. No change.

8. Signatures from representatives of the transferring and receiving facilities acknowledging that the transfer was completed or the loan was initiated.

(b) No change.

(c) A marine organism authorized for sale under subsection 68B-8.003(7), F.A.C., is not eligible for a transfer or loan.

(6)(11) Possession of Marine Organisms After Expiration of a License or Certification – POSSESSION AFTER LICENSE OR CERTIFICATION EXPIRATION. The Commission recognizes that a marine organism harvested, possessed, or produced collected pursuant to an a SAL or FMSEA Certification may need to be retained for a period of time that extends beyond the expiration date of the SAL or FMSEA Certification issued for its harvest. For this purpose, the following conditions must be met for marine organisms collected pursuant to an a SAL or FMSEA Certification to be legally possessed beyond the expiration of an a SAL or FMSEA Certification:

(a) All documentation required for reporting must be submitted to the Commission within 30 days after of expiration of the SAL.

(b) The SAL or FMSEA Certification, or a copy thereof, that authorized the harvest or possession of the marine organism must be promptly produced at the request of the Commission or an authorized law enforcement officer Following the expiration date of the SAL or FMSEA Certification, the original SAL or FMSEA Certification or a copy is sufficient documentation to authorize possession of a marine organism harvested pursuant to a SAL or FMSEA Certification. Such documentation must be promptly produced at the request of an authorized law enforcement officer.

(7)(12) Sale of Marine Organisms – SALE OF MARINE ORGANISMS. A marine organism harvested pursuant to an a SAL or FMSEA Certification shall not be sold or consumed unless it was harvested pursuant to a Gear Innovation SAL, Governmental Purpose SAL, Snook SAL, Marine Chemical SAL, Dredge SAL, or a Nonprofit Corporation SAL, and the sale was conducted in accordance with any condition of sale required by such SAL.

(8)(13) Consumption of Marine Organisms – CONSUMPTION OF MARINE ORGANISMS. A marine organism harvested pursuant to an a SAL or FMSEA Certification shall not be consumed unless the marine organism was harvested pursuant to a Gear Innovation SAL or a, Governmental Purpose SAL, or Dredge SAL.

(9) General Application Evaluation Criteria – The Commission will review an SAL application and grant or deny an SAL based on the following criteria:

(a) Completeness of information submitted to the Commission through the application process.

(b) Consistency of the requested activities with the license type requested.

(c) Potential impacts of the type, size, and method of harvesting gear requested for use.

(d) Biological status of the species requested, based on the best available information.

(e) Life history strategies, genetic structure, and ecology of the targeted species.

(f) Degree of variation from management regulations.

(g) The extent of the requested harvest beyond the known total annual commercial and recreational harvest of the stock.

(h) Established harvest limits for the species requested.

(i) Locations of proposed activities and facilities.

(j) Intensity of localized harvest and harvest frequency.

(k) Any additional evaluation criteria specific to the SAL applied for, as established by this chapter.

(14) ISSUANCE AND RENEWAL. A SAL or FMSEA Certification issued pursuant to this chapter will not be issued or renewed unless all conditions of a prior SAL or FMSEA Certification held by the applicant were met, and the reporting requirements for the prior SAL were submitted.

(15) SUSPENSION AND REVOCATION. The Commission will suspend or revoke a SAL or FMSEA Certification if it finds that the SAL or FMSEA Certification holder has violated any provision in Chapter 379, F.S., Commission rules or orders, or terms or conditions of the SAL or FMSEA Certification, or has submitted false or inaccurate information in his or her application. Suspensions and revocations will be imposed in accordance with Chapters 120 and 379, F.S.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.004 Application Review Process and Evaluation Criteria.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Repealed 2-1-25.

 

68B-8.005 Third Party Contractors.

(1) In order for a third party contractor to conduct activities pursuant to an a SAL, the following requirements must be met:

(a) through (b) No change.

(2) A third party contractor may not serve as an agent for an a SAL applicant during the application process.

(3) An SAL will not be issued directly to any person or entity acting as a third party contractor.

(4) The Commission will only approve the use of a third party contractor for Scientific Research SALs, Education/Exhibition SALs, or Governmental Purpose SALs.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 2-1-25.

 

68B-8.006 Scientific Research Special Activity License.

(1) PURPOSE. The purpose of a Scientific Research SAL is to accommodate the need for the scientific community to conduct research and, monitoring, and hard bottom restoration or mitigation activities that enhance the greater body of knowledge in support of fisheries management, resource conservation and enhancement, and public health. If conducting research, the proposed activity must ensure that study results will be presented in sufficient detail and clarity to allow for replication, or at a minimum, offer the opportunity to build systematically on findings. If conducting monitoring, the proposed activity must ensure that collected data will be analyzed to detect physical or biological changes over time in marine organisms, their populations, or communities. If conducting restoration or mitigation, the proposed activity must ensure that species such as oysters, corals, sponges, sea fans, sea whips, and other hard bottom marine organisms are repaired in the event that they are damaged, and the effectiveness of the restoration or mitigation activity is evaluated by subsequent monitoring.

(2) Eligibility – ELIGIBILITY. A Scientific Research SAL may be issued only to the following:

(a) through (b) No change.

(c) A member of the scientific or technical staff of a marine research institute, laboratory, corporation, or organization with demonstrated experience conducting successful hard bottom restoration or mitigation activities.

(c)(d) No change.

(d)(e) No change

(3) Fees and Application – 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 (December 2024 9/09)), which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9), F.A.C., 68B-8.004(2), F.A.C., an application for a Scientific Research SAL will be evaluated based on the following criteria as applicable to the request:

(a) Project specifications and methodologies. Proposed methodologies must include sufficient detail and clarity to provide for replication or offer the opportunity to build systematically on findings.

(b) Monitoring strategies. The applicant must ensure that monitoring data can and will be analyzed to detect physical or biological changes over time in marine organisms, their populations, or communities.

(c) Documented experience conducting successful hard bottom restoration or mitigation activities.

(5) License Periods –

(a) Except as provided in paragraph (b), the license period for a Scientific Research SAL will be based on the duration of the proposed activity, provided that the duration is no longer than is necessary to achieve its stated purpose, and may not exceed 5 years (60 months).

(b) The license period for a Scientific Research SAL issued for activities involving a prohibited species may not exceed 1 year (12 months).

(6)(5) Reporting Requirements – An REPORTING REQUIREMENTS. A SAL holder must submit the following documentation within 30 days after expiration of an SAL or upon application for renewal, whichever occurs first:

(a) An activity report detailing all SAL-related harvest or sampling activities that resulted in the permanent retention of marine organisms. The activity report is a report other than any publications or technical, monitoring, or final reports. The activity report must include the following information on marine organisms harvested (both targeted and incidental) pursuant to the SAL: common and scientific names of the marine organisms harvested (both targeted and incidental), numbers, and sizes harvested, locations of harvest by county, and disposition of all marine organisms harvested. The activity report for a Scientific Research SAL involving prohibited species must also include the specific harvesting gear used. If mortality of a prohibited species occurred during harvest or subsequent possession, the report must indicate the cause of death if known. If SAL-related activities did not result in the permanent retention or mortality of any marine organism, the SAL holder must submit a statement to that effect.

(b) Any A copy of any publications, technical, monitoring, or final reports that were generated as a result of work conducted pursuant to the SAL. These reports must include a the notation that activities were authorized pursuant to a Florida Fish and Wildlife Conservation research was conducted pursuant to the specific Commission Special Activity License and identify the relevant Special Activity License(s) authorizing such activities. If these reports are not available within 30 days after expiration of an SAL or upon application for renewal, such report(s) must be submitted upon completion or publication.

(c) An A SAL holder who is conducting biomedical research activities involving the collection of horseshoe crabs to remove blood and return the animal to the area of collection alive, must file his or her annual report pursuant to sub-subparagraph 68B-46.002(3)(b)3.e., F.A.C.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.007 Education/Exhibition Special Activity License.

(1) PURPOSE. The purpose of an Education/Exhibition SAL is to accommodate the need for the harvest of marine organisms and conduct activities with such organisms to that will increase the public’s knowledge and awareness of Florida’s marine resources.

(2) Eligibility – ELIGIBILITY. An Education/Exhibition SAL may be issued only to the following:

(a) An instructor employed by, or under the sponsorship of, a university, college, secondary school, or governmental entity, or a private institution or organization that has an established marine or environmental education curriculum.

(b) A curator or director employed by or under sponsorship of a public or private aquarium, museum, university, governmental entity, or business establishment that displays marine organisms for viewing by the public and whose activities have a marine-related component.

(3) INELIGIBLE APPLICANTS. The Commission shall deny an application for an Education/Exhibition SAL by an applicant who can reasonably be expected to qualify for a FMSEA Certification. Such person must pursue FMSEA Certification.

(3)(4) Fees and Application – 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 (December 2024 9/09)), which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(c) An application for an Education/Exhibition SAL involving the collection of prohibited species may only be submitted from April 1 through April 30 or from October 1 through October 31 each year.

(4)(5) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9), F.A.C., 68B-8.004(2), F.A.C., an application for an Education/Exhibition SAL will be evaluated based on the following criteria as applicable to the request:

(a) No change.

(b) Qualifications of the educator(s) educators requesting to conduct activities pursuant to an a SAL.

(c) Conservation and education benefits of presentations, displays, and other informational materials designed to educate the public about the marine organisms requested for harvest and display.

(d) Current facility inventory of each the species requested for harvest.

(e) The physical environment in which the species will be maintained and any potential maintenance or husbandry concerns. This includes consideration of the expected life span and maximum anticipated size of the species, and whether or not the facility is adequate to accommodate the marine organism for the remainder of its life.

(5) License Periods –

(a) Except as provided in paragraph (b), an Education/Exhibition SAL may be valid for up to 3 years (36 months).

(b) The license period for an Education/Exhibition SAL issued for the collection of a prohibited species shall not exceed 1 year (12 months).

(6) Reporting Requirements – REPORTING REQUIREMENTS. An A SAL holder must submit an activity report detailing all SAL-related harvest or sampling activities that resulted in the permanent retention of marine organisms within 30 days after expiration of an SAL or upon application for renewal, whichever occurs first. The activity report is a report other than any publications or technical, monitoring, or final reports. The activity report must include the following information on marine organisms harvested (both targeted and incidental) pursuant to the SAL: common and scientific names of the marine organisms harvested (both targeted and incidental), numbers, and sizes harvested, locations of harvest by county, and disposition of all marine organisms harvested. The activity report for an a Education/Exhibition SAL involving prohibited species must also include the specific harvesting gear used. If mortality of a prohibited species occurred during harvest or subsequent possession, the report must indicate the cause of death if known. If SAL-related activities did not result in the permanent retention or mortality of any marine organism, the SAL holder must submit a statement to that effect.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.008 Florida Marine Science Educators Association Certification.

(1) The Florida Marine Science Educators Association (FMSEA) Certification provides a streamlined process to accommodate members of the educational community with smaller collecting needs to allow them to conduct educational activities with aquatic organisms. PURPOSE. This section describes a Commission partnership with the Florida Marine Science Educators Association (FMSEA) that provides an alternative to the formal SAL application process to conduct educational activities with aquatic organisms. The FMSEA Certification is a more streamlined process designed to cater to the smaller collecting needs of the educational community as opposed to the larger and more complex collecting needs of SAL holders. A FMSEA Certification holder is exempt from a number of saltwater and freshwater resource regulations to allow the holder him or her to collect and possess aquatic organisms for educational purposes.

(2) Eligibility – ELIGIBILITY. FMSEA Certification may be issued only to the following:

(a) through (d) No change.

(3) Workshop Curriculum – WORKSHOP CURRICULUM. FMSEA Certification requires successful completion of a training workshop. The primary workshop objective must be is to promote best practices in the collection and maintenance of aquatic organisms for educational activities. The A curriculum must include has been established to achieve the primary workshop objective and includes but is not limited to:

(a) through (i) No change.

(4) Certification Documentation – CERTIFICATION DOCUMENTATION. Upon successful completion of the training workshop, a participant receives a certification that is authorized by both FMSEA and Commission representatives. The certification:

(a) through (d) No change.

(5) Certification Period – The certification period for a FMSEA Certification may not exceed 3 years (36 months).

(6) Authorized Personnel –

(a) The number of authorized personnel on a FMSEA Certification will be limited to the Certification holder, teaching assistants, and up to 100 students per collecting trip. Both the teaching assistants and students must be operating under the direct supervision of the Certification holder and there must be at least one adult per ten students.

(b) A third party contractor may not conduct activities authorized pursuant to a FMSEA Certification.

(7)(5) General Conditions and Restrictions – GENERAL CONDITIONS AND RESTRICTIONS. The holder of a FMSEA Certification is subject to the General Conditions and Restrictions in subsections 68B-8.003(1) through (8) paragraphs 68B-8.003(1)(a), (2)(b), subsections (3), (4), (5), paragraph (6)(b), subsections (7), (8), (10), (11), (12), (13), (14), and (15), F.A.C.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.009 Prohibited Species Collection Criteria.

(1) The purpose of establishing prohibited species collection criteria is to monitor and regulate harvest and possession of prohibited species from Florida Waters and adjacent federal waters while ensuring that such activities do not adversely affect the stocks of such species. PURPOSE. This section establishes criteria for the issuance of a Scientific Research, Education/Exhibition, or Stock Collection and Release SAL involving the harvest of prohibited species from Florida waters and the possession of species legally harvested from the adjacent Exclusive Economic Zone (EEZ) for scientific research, educational, exhibitional, stock enhancement, or stock restoration purposes. The Commission utilizes the criteria established in this section to monitor and regulate harvest levels of prohibited species harvested from Florida waters and the adjacent EEZ while ensuring that such harvest activities do not adversely affect the stocks of such species.

(2) Eligibility – ELIGIBILITY. An A SAL request involving the harvest or possession of prohibited species may only will be authorized only for the following SALs SAL applicants:

(a) A An applicant for a Scientific Research SAL pursuant to Rule 68B-8.006, F.A.C.

(b) An applicant for an Education/Exhibition SAL pursuant to Rule 68B-8.007, F.A.C.

(c) A An applicant for a Stock Collection and Release SAL pursuant to Rule 68B-8.010, F.A.C.

(3) Prioritization – PRIORITIZATION. When the requested harvest of a prohibited species exceeds an established harvest limit quota, in-state and out-of-state scientific research activities will take priority over in-state education/exhibition activities, which in turn will take priority over out-of-state education/exhibition activities.

(a) Among eligible Florida-based education/exhibition applicants, priority will be given to those applicants who that meet one or more of the following criteria:

1. The applicant has an established protocol that allows for outside independent evaluation of its husbandry operations, programs, and facilities, or meets equivalent professional review standards of the American Zoo and Aquarium Association of Zoos and Aquariums or other equivalent professional organizations.

2. The applicant conducts captive breeding programs or husbandry studies related to the targeted prohibited species, or provides for the financial and/or physical support of research projects that seek to enhance the understanding of one or more prohibited species.

3. The applicant provides financial and/or physical support for research projects that seek to enhance the understanding of one or more prohibited species.

4.3. The applicant supports or sponsors conferences or and symposia that promote the sharing of information related to captive breeding, husbandry, and management of prohibited species.

(b) If an established harvest limit quota for a specific prohibited species has not been met through scientific research activities or through in-state educational/exhibitional activities, priority will be given to eligible out-of-state educational/exhibitional applicants that meet the criteria established in subparagraphs paragraph (3)(a)1. through (3)(a)4., of this rule.

(4) Evaluation Criteria – EVALUATION CRITERIA.

(a) In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 68B-8.004(2), F.A.C., an application for a Scientific Research SAL involving prohibited species will be evaluated based on the following criteria:

1. No change.

2. The novelty of the proposed work, based on a A review of relevant literature and a determination of whether the proposed work is new or is replicating prior published findings.

3. The proposed work includes measures A review of how the research project is designed to minimize the mortality or total harvest levels of the targeted prohibited species to be collected.

4. No change.

5. Whether or not prohibited species collection from Florida Wwaters or the adjacent federal waters EEZ is the only option for successful completion of the research project.

6. Whether or not published project results will contribute to one or more of the following: improved management of prohibited species in captivity or in the wild, increased understanding of prohibited species population dynamics or ecology, benefits to Florida’s marine conservation and resource management interests, and contributions to basic and applied science.

7. If any species requested on an SAL application form is designated as a Florida Endangered and Threatened Species pursuant to Chapter 68A-27, F.A.C. listed by the FWC as Endangered, Threatened, or a Species of Special Concern, additional evaluation criteria for such species as set forth in Chapter 68A-27, F.A.C., or Chapter 379, F.S., if applicable, will be applied.

(b) In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 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. No change.

2. Whether the applicant’s facility has Existence of a prohibited species captive breeding program or of a prohibited species-related husbandry research program related to the targeted prohibited species, or conducts research projects related to one or more prohibited species research program.

3. through 7. No change.

8. Whether or not non-prohibited species could be utilized in lieu of prohibited species to meet educational or exhibitional objectives.

9. Whether or not prohibited species collection from Florida Wwaters or the adjacent federal waters EEZ is the only option for acquiring the prohibited species, or if the prohibited species may be acquired from areas where the stock is not prohibited from harvest, from captive breeding programs, through loan from another aquarium, or from an aquaculture facility.

10. Whether or not the requested collection is consistent with the “Florida Fish and Wildlife Conservation Commission Marine Prohibited Species Policy, (September 2009),” which is hereby adopted as a rule of the Commission and is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

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 involving which involve the collection or of broodstock or wild stock and the release of marine organisms for purposes including but not limited to mitigation, rehabilitation, rescue, restoration, or captive-bred offspring or captive-reared wild stock for scientific research, stock enhancement, or stock restoration purposes are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Wwaters and the adjacent federal waters EEZ. Scientific research, stock enhancement, or stock restoration 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) Eligibility – ELIGIBILITY. A Stock Collection and Release SAL may be issued only to the following:

(a) through (b) No change.

(c) An owner, director, or manager of a plant nursery facility who holds a valid Certificate of Nursery Registration issued pursuant to Section 581.131, F.S., and Chapter 5B-2, F.A.C.

(d) A marine contractor with documented experience conducting successful relocation activities with marine organisms relating to the subject matter of the proposed activity, including subsequent monitoring following such relocation activities.

(e) A restoration practitioner with a minimum of 2 years’ experience in the long-term husbandry, welfare, and system management of marine vertebrate or invertebrate taxa that is relevant to the species of marine organism that is the subject of the proposed activity. If land-based nursery-related activities are requested, the applicant must also establish and maintain a veterinarian-client-patient relationship (VCPR) with a United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Category II accredited veterinarian who is trained to conduct health certification examinations and visual health assessments relating to the subject matter of the proposed activity.

(3) Fees and Application – 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 form provided by the Commission (Form DMF-SCRSAL (December 2024) (9/09)), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 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 titled entitled, “Decision Process for the Genetic Risk Assessment of Release Activities Involving Marine Organisms, September 2009” (which is hereby adopted as a rule of the Commission and is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX) 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) License Period – A Stock Collection and Release SAL may be valid for up to 1 year (12 months). RELEASE REQUIREMENTS.

(a) A Stock Collection and Release SAL holder must coordinate all release activities with the Commission and obtain written authorization prior to conducting any release. A release shall not be conducted without written authorization from the Commission.

(b) A marine organism will not be authorized for release unless it has been maintained in accordance with the Captivity Requirements set forth in the “Florida Fish and Wildlife Conservation Commission Policy on the Release of Marine Organisms.”

(c) Captive-bred or captive-reared marine organisms authorized for release must be distinguishable from wild marine organisms so that estimates of project success may be obtained through monitoring. The method used to identify captive-bred or captive-reared marine organisms is at the discretion of the SAL holder conducting the release. Potential distinguishing methods include but are not limited to internal or external mechanical tags, chemical marks, or genetic tags. All costs incurred in the fulfillment of this provision or any other provision of Rule 68B-8.010, F.A.C., will be the responsibility of the SAL holder.

(d) Prior to release, a representative sample of the marine organisms targeted for release must be submitted for a health examination. This examination must be conducted under the direction of a United States Department of Agriculture-certified veterinarian with fish health experience, or an American Fisheries Society-certified fish pathologist or fish health inspector. Exam results must be summarized in a USDA Health Certificate or a letter. The certificate or letter must state that the organisms are suitable for release into the wild.

(6) License Conditions – REPORTING AND MONITORING REQUIREMENTS. A Stock Collection and Release SAL holder must submit the following:

(a) A licensee must comply with all conditions set forth under a Stock Collection and Release SAL. An activity report detailing all SAL-related harvest and release activities. The activity report is a report other than any publications or technical, monitoring, or final reports. The activity report must include common and scientific names of the marine organisms harvested and released (both targeted and incidental), numbers and sizes harvested and released, locations of harvest and release by county, and disposition of all marine organisms harvested. The activity report for a Stock Collection and Release SAL involving prohibited species must also include the specific harvesting gear used. If mortality of a prohibited species occurred during harvest or subsequent possession, the report must indicate the cause of death if known.

(b) The Commission may include license conditions or restrictions under a Stock Collection and Release SAL related to the following subjects, as they apply to activities authorized under such license: A copy of any publications, technical, monitoring, or final reports that were generated as a result of work conducted pursuant to the SAL. These reports must include the notation that research was conducted pursuant to the specific Commission Special Activity License.

1. Conditions ensuring consistency with the “Decision Process for the Genetic Risk Assessment of Release Activities Involving Marine Organisms (September 2009),” which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

2. Conditions requiring health certification examinations and/or visual health assessments prior to the release of marine organisms.

3. Conditions providing for release activities in accordance with recommendations or certifications provided by the licensee’s veterinarian of record.

4. Conditions establishing threshold criteria related to environmental conditions that if exceeded may require immediate response or corrective action to prevent health decline or disease, including, but not limited to, water temperature, dissolved oxygen levels, light levels, biofouling, and prevalence of disease, infestations, overgrowth, predators, or competitors.

5. Conditions establishing transportation requirements for marine organisms to prevent health decline or disease, including, but not limited to length of transport, container size, spacing, temperature, or dissolved oxygen levels.

6. Conditions establishing maintenance requirements to prevent health decline or disease, including but not limited to control of biofouling, overgrowth, overcrowding, and/or removal of predators, competitors, or dead or diseased organisms.

7. Conditions requiring a licensee to provide for inspection by the Commission to determine compliance with terms and conditions of the license.

8. Conditions establishing monitoring requirements appropriate to the licensed activity.

9. Conditions establishing reporting requirements appropriate to the licensed activity.

10. Any other condition that may be necessary to ensure licensed activities are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Waters and adjacent federal waters.

(c) A third party contractor may not conduct activities authorized pursuant to a Stock Collection and Release SAL. A post-release genetic monitoring program shall be required if there was insufficient information to determine the genetic impact of activities under the SAL, or if evaluation of the proposed activity determines that the genetic risks have not been minimized.

(7) Emergency Response – Under certain emergency conditions, such as disease outbreaks, die-off or stranding events of unknown origin, oil spills, hurricanes, floods, and other natural or manmade disasters, the Commission may impose additional restrictions or provide for permit exemptions to safeguard affected marine organisms such as, but not limited to, the coordination and direction of rescue, rehabilitation, and release activities.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.011 Aquaculture Broodstock Collection Special Activity License.

(1) PURPOSE. The purpose of an Aquaculture Broodstock Collection SAL is to allow for the harvest and possession of marine organisms, with the exception of the harvest of snook, as broodstock for aquaculture research, restoration, or commercial aquaculture.

(2) Eligibility – ELIGIBILITY. An Aquaculture Broodstock Collection SAL may be issued only to the following:

(a) through (b) No change.

(c) An owner, director, or manager of a plant nursery facility that holds a valid Certificate of Nursery Registration issued pursuant to Section 581.131, F.S., and Chapter 5B-2, F.A.C.

(3) Fees and Application – 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 form provided by the Commission (Form DMF-ABCSAL (December 2024 9/09)), which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 68B-8.004(2), F.A.C., an application for an Aquaculture Broodstock Collection SAL will be evaluated based on the following criteria:

(a) Species The species, number, and sex of broodstock marine organisms requested for harvest.

(b) Area where The area ofbroodstock will be harvested harvest.

(c) through (f) No change.

(g) Documented Information indicating the training and experience of the applicant to successfully engage in aquaculture activities.

(h) Valid DOACS aquaculture certificate of registration

(h)(i) Economic The economic impact and cost effectiveness of the proposed artificial cultivation of the target species.

(i)(j) Biological or The biological and ecological impact of the proposed aquaculture operation.

(j) Project specifications and methodologies for proposed aquaculture research activities must include sufficient detail and clarity to provide for replication or offer the opportunity to build systematically on findings.

(k) Intended use of offspring to be produced from broodstock requested for collection.

(5) A third party contractor may not conduct activities authorized pursuant to an Aquaculture Broodstock Collection SAL.

(6) License Period – An Aquaculture Broodstock Collection SAL may be valid for up to 2 years (24 months), provided the licensee maintains the valid certification(s) required for eligibility under 68B-8.011(2)(b) and (c).

(7)(5)Reporting Requirements – An REPORTING REQUIREMENTS. A SAL holder must submit an activity report detailing all SAL-related harvest or sampling activities that resulted in the permanent retention of marine organisms within 30 days after expiration of an SAL or upon application for renewal, whichever occurs first. The activity report is a report other than any publications or technical, monitoring, or final reports. The activity report must include the following information on marine organisms harvested (both targeted and incidental) pursuant to the SAL: common and scientific names of the marine organisms harvested (both targeted and incidental), numbers, and sizes harvested, locations of harvest by county, and disposition of all marine organisms harvested. The activity report for an a Aquaculture Broodstock Collection SAL involving prohibited species must also include the specific harvesting gear used. If mortality of a prohibited species occurred during harvest or subsequent possession, the report must indicate the cause of death if known. If SAL-related activities did not result in the permanent retention or mortality of any marine organism, the SAL holder must submit a statement to that effect.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.012 Snook Special Activity License.

(1) The purpose of a Snook SAL is to allow the harvest of snook as broodstock for commercial aquaculture production purposes and the possession, transport, transfer, sale, receipt, or purchase of snook broodstock progeny, as well as to ensure these activities are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida Waters and adjacent federal waters. PURPOSE. Unless authorized by the Commission pursuant to a Snook SAL, the harvest of snook as broodstock for commercial aquaculture production purposes, or the possession, transport, transfer, sale, receipt or purchase of snook broodstock progeny is prohibited. The purpose of a Snook SAL is to allow such activities to occur, and to ensure that they are conducted in a manner that preserves the health and genetic diversity of the wild stock native to Florida waters and the adjacent EEZ.

(2) Eligibility – ELIGIBILITY.

(a) through (b) No change.

(3) Fees and Application – 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)), which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 68B-8.004(2), F.A.C., an applicant for a Snook SAL for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny will be evaluated based on the following criteria:

(a) Number The number and sex of snook requested for broodstock harvest.

(b) Area The area of broodstock harvest.

(c) through (f) No change.

(g) Documented The training and experience of the applicant to successfully engage in snook aquaculture.

(h) Valid DOACS aquaculture certificate of registration issued pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C.

(5) Transfer or Sale of Broodstock Progeny – TRANSFER OR SALE OF BROODSTOCK PROGENY.

(a) through (b) No change.

(6) Pay-to-fish Ponds – PAY-TO-FISH PONDS. A Snook SAL holder who is an owner of a private pond, operates it as a pay-to-fish facility, and whose pond is stocked with progeny obtained from a certified aquaculture facility that is a Snook SAL holder may charge a fee to harvest snook in such ponds, provided:

(a) through (b) No change.

(7) A third party contractor may not conduct activities authorized pursuant to a Snook SAL.

(8)(7) Reporting Requirements – REPORTING REQUIREMENTS. A Snook SAL holder for the harvest of broodstock and production, possession, transport, transfer or sale of broodstock progeny must submit the following documentation within 30 days after expiration of an SAL or upon application for renewal, whichever occurs first:

(a) An activity report detailing all SAL-related harvest or sampling activities that resulted in the permanent retention of marine organisms. The activity report must include the following information on marine organisms harvested (both targeted and incidental) pursuant to the SAL: common and scientific names of the marine organisms harvested (both targeted and incidental), numbers, and sizes harvested, locations of harvest by county, and disposition of all marine organisms harvested. If SAL-related activities did not result in the permanent retention or mortality of any marine organism, the SAL holder must submit a statement to that effect.

(b) No change.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

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

(1) BACKGROUND. No person shall use any gear or equipment to harvest a marine organism if the gear is not allowed by rule of the Commission, Chapter 379, F.S., or the Constitution of the State of Florida unless such person has first obtained authorization for such gear via an a SAL or an exemption. The use of non-conforming gear shall be authorized in a Scientific Research SAL or a Stock Collection and Release SAL for scientific research purposes if the use of non-conforming gear is specifically requested in an application for such SAL and the use is justified.

(2) OTHER AUTHORIZATIONS FOR USE OF NON-CONFORMING GEAR. The use of non-conforming gear may also be authorized under an a SAL as follows:

(a) through (d) No change.

(3) GEAR MARKING/TENDING. If the proposed gear use includes an in-water set time, an a SAL or exemption issued for non-conforming gear shall contain special gear marking or tending requirements so that the Commission may responsibly monitor gear use and ensure that activities are restricted to the minimum amount necessary to achieve the stated purpose of the SAL or exemption.

(4) NET GEAR EXEMPTION. Exemption from the net gear restrictions set forth in Article X Section 16 of the Florida Constitution may be included only in a Scientific Research SAL, Stock Collection and Release SAL for scientific research purposes, Governmental Purpose SAL, or Governmental Purpose Gear Exemption.

(5) Gear Innovation Special Activity License GEAR INNOVATION SPECIAL ACTIVITY LICENSE.

(a) PURPOSE. The purpose of a Gear Innovation SAL is to allow for harvesting gear not historically or traditionally used within Florida to be evaluated, monitored, and tested. The Commission may will use the information collected pursuant to a Gear Innovation SAL to evaluate the impact that a proposed gear type would have on the stock of the species targeted, species not targeted but incidentally harvested, and the marine environment, as well as and to determine if the gear could be responsibly introduced into general use. However, a Gear Innovation SAL will not be issued for the harvest of sponges in state waters, for oysters in Apalachicola Bay, or for prohibited species.

(b) Eligibility – ELIGIBILITY. A Gear Innovation SAL may be issued only to the following an individual meeting the criteria under subparagraph 1. or 2., below:

1. No change.

a. Has at least five years’ experience as a commercial harvester in Florida,

b. Has and has landings of the species targeted for harvest with the innovative gear and,

c. b. Has working knowledge of the area where the gear will be tested.

2. No change.

(c) Fees and Application – 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)), which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(d) Evaluation Criteria – EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 68B-8.003(9) 68B-8.004(2), F.A.C., an applicant for a Gear Innovation SAL will be evaluated based on the following criteria:

1. through 4. No change.

(e) General Conditions and Restrictions – GENERAL CONDITIONS AND RESTRICTIONS.

1. through 4. No change.

(f) A third party contractor may not conduct activities authorized pursuant to a Gear Innovation SAL.

(g)(f) Reporting Requirements – REPORTING REQUIREMENTS. A log of activities that includes area fished, time fished, catch composition, and any other information required by the Commission to properly evaluate the specific gear being tested, must be maintained for the duration of the SAL and submitted to the Commission on a schedule specified in the SAL. All documentation required by the Commission pursuant to an a SAL or pursuant to any regulation for commercial harvesting activities, including logs and trip tickets, must be available for inspection by the Commission and its employees at any reasonable time.

(6) Governmental Purpose Special Activity License GOVERNMENTAL PURPOSE SPECIAL ACTIVITY LICENSE.

(a) PURPOSE. The purpose of a Governmental Purpose SAL is to allow government agencies to use non-conforming gear to meet the needs of public health, safety, or welfare. However, a Governmental Purpose SAL will not be issued for activities related to a prohibited species.

(b) Eligibility – ELIGIBILITY. A Governmental Purpose SAL may be issued only to a state or federal agency or to a municipal or county government.

(c) Fees and Application – FEES AND APPLICATION.

1. through 2. No change.

(d) General Conditions and Restrictions – GENERAL CONDITIONS AND RESTRICTIONS.

1. through 2. No change.

(e) License Period –The valid license period for a Governmental Purpose SAL will be based on the duration of the proposed activity, provided that it is no longer than is necessary to achieve its stated purpose.

(f)(e) Reporting Requirements – REPORTING REQUIREMENTS. A log of activities including area fished, time fished, catch composition, and any other information deemed necessary to properly evaluate the requested activity must be maintained for the duration of the SAL and submitted to the Commission on a schedule established in the SAL. All documentation required by the Commission pursuant to an a SAL or pursuant to any regulation for commercial harvesting activities, including logs and trip tickets, must be available for inspection by the Commission or its employees at any reasonable time.

(7) Governmental Purpose Gear Exemption GOVERNMENTAL PURPOSE GEAR EXEMPTION.

(a) PURPOSE. The purpose of a Governmental Purpose Gear Exemption is to allow for the use of net gear that does not conform to Article X, Section 16 of the Florida Constitution to conduct activities permitted, provided, or required by a governmental agency. A Governmental Purpose Gear Exemption shall only be issued in conjunction with a Marine Turtle Permit, an Education/Exhibition SAL, or a Stock Collection and Release SAL.

(b) Eligibility – ELIGIBILITY. A Governmental Purpose Gear Exemption may be issued only to a person who:

1. through 3. No change.

(c) Fees and Application – FEES AND APPLICATION.

1. through 2. No change.

(8) Nonprofit Corporation Special Activity License NONPROFIT CORPORATION SPECIAL ACTIVITY LICENSE.

(a) PURPOSE. The purpose of a Nonprofit Corporation SAL is to allow for a nonprofit corporation to use non-conforming gear to harvest marine organisms and to sell them to scientific research, education, or exhibition entities to financially support research, educational, and exhibitional activities conducted by such nonprofit corporation. However, a Nonprofit Corporation SAL may will not be issued for a prohibited species.

(b) Eligibility – ELIGIBILITY. To obtain a Nonprofit Corporation SAL, a nonprofit corporation must meet the following criteria:

1. through 2. No change.

(c) Fees and Application – 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 (September 2009 9/09)) , which is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(d) License Conditions – LICENSE CONDITIONS. A Nonprofit Corporation SAL holder will be subject to the following conditions for operation:

1. through 2. No change.

(e) License Period – The valid license period for a Nonprofit Corporation SAL shall not exceed 3 years (36 months).

(f) A third party contractor may not conduct activities authorized pursuant to a Nonprofit Corporation SAL.

(g)(e) Reporting Requirements – REPORTING REQUIREMENTS. A Nonprofit Corporation SAL holder must submit the following documentation during the 12th month, and 24th month of the valid license period, and within 30 days of the expiration of the SAL or during the renewal application process if the SAL is requested for renewal:

1. An activity report documenting the harvest of all specifically named marine organisms authorized for harvest pursuant to a Nonprofit Corporation SAL, and of all marine organisms not reported via the Marine Fisheries Trip Ticket Program (MFTT) system, by the marine organism’s common name and scientific classification, amount harvested, and, if sold, the entity that purchased the marine organism to whom sold.

2. No change.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.014 Marine Chemical Special Activity License. 

(1) PURPOSE. The purpose of a Marine Chemical SAL is to monitor the use of marine chemicals for the live harvest of marine organisms.

(2) Eligibility – ELIGIBILITY. A Marine Chemical SAL may be issued to:

(a) through (b) No change.

(3) Fees and Application – FEES AND APPLICATION.

(a) through (b) No change.

(4) License Conditions – LICENSE CONDITIONS. A Marine Chemical SAL holder is subject to the following conditions and restrictions:

(a) through (c) No change.

(5) Reporting Requirements – REPORTING REQUIREMENTS.

(a) No change.

(b) The holder of a Marine Chemical SAL issued for commercial marine life harvesting activities must report all landings of live marine life species harvested with a marine chemical via the Marine Fisheries Trip Ticket system pursuant to Chapter 68E-5, F.A.C., and Sections 379.361, and 379.362 and 379.414, F.S.

(6) A third party contractor may not conduct activities authorized pursuant to a Marine Chemical SAL.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 2-1-25.

 

68B-8.015 Dredge Special Activity License.

Proposed Effective Date: February 1, 2025

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Repealed 2-1-25.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 4, 2024