To allow the culture and sale of Florida largemouth bass as a food fish while providing protections to genetic integrity.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-23.009Sale and Transportation of Freshwater Fish

PURPOSE AND EFFECT: To allow the culture and sale of Florida largemouth bass as a food fish while providing protections to genetic integrity.

SUMMARY: FWC staff coordinated with the Legislature and worked closely with the Florida Department of Agriculture and Consumer Services (FDACS) staff to develop reasonable and appropriate genetic safeguards related to the aquaculture of Florida largemouth bass. These safeguards will be incorporated into FWC rule and FDACS Best Management Practices (BMPs), and both agencies will continue to work together on enforcement as the industry develops. FWC staff are confident the rules and BMPs combined with an ongoing, close working relationship with FDACS staff will provide strong genetic protections for Florida’s iconic freshwater gamefish.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Thomas Graef, Director, Division of Freshwater Fisheries Management, 620 South Meridian St., Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-23.009 Sale and Transportation of Freshwater Fish.

 

(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.

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

(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 or quantity of each species of fish shipped, and the date of the shipment. 

(c) The importation into or transportation within the state of any live Micropterus species is prohibited, except Micropterus salmoides floridanus that 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. Micropterus salmoides floridanus may be imported into or transported within this state under a FWC import and transport permit, or a permit issued pursuant to Rules 68-5.005 or 68A-9.002, F.A.C. An import and transport permit application may be found at Myfwc.com/fl-lmb-genetic-authentication.

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

(e) Micropterus species being transported in Florida must be accompanied with documentation providing the date of the shipment, total weight or quantity of each species of Micropterus shipped, Micropterus salmoides floridanus Genetic Authentication documentation if transporting live Micropterus, appropriate 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 Rules 68-5.005 or 68A-9.002, F.A.C. These documents must be available for immediate inspection upon request by Commission personnel.

(2) Persons possessing a valid Aquaculture Certificate of Registration from the Department of Agriculture and Consumer Services as required in Section 597.004, F.S.

(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.

(b) May sell game fish commonly called panfish as defined in Rule 68A-1.004, F.A.C., as bait provided the fish are four inches or less in total length.

(c) May import, transport, culture and sell as food fish, game fish as defined in Rule 68A-1.004(33)(b) – (g), and Micropterus salmoides floridanus.

(b) Game fish commonly called panfish as defined in Rule 68A-1.004, F.A.C., may be sold live as bait provided fish are less than four inches in total length.

(c) Game fish, except members of the genus Micropertus, may be cultured and sold as food.

(d) Must confirm genetics of Micropterus salmoides floridanus in a manner consistent with Florida Fish and Wildlife Conservation Commission’s Genetic Authentication Standards of Micropterus salmoides floridanus (Myfwc.com/fl-lmb-genetic-authentication.), which is adopted and incorporated herein by reference effective March 2022. Documentation of genetic authentication must be maintained and available for immediate inspection upon request by Commission personnel. 

(3) through (6) No change

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas Graef, Director, Division of Freshwater Fisheries Management, 620 South Meridian St., Tallahassee, Florida 32399, [e-mail].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2021