68B-2.006. Restricted Species Endorsement

(1) A restricted species endorsement on the saltwater products license is required to sell to a licensed wholesale dealer those species which the state, by law or rule, has designated as “restricted species.” This endorsement shall be issued only to a person who is at least 16 years of age, or to a firm, each of which must certify that over 25% percent of their income or $5,000 of their income, whichever is less, is attributable to the sale of saltwater products pursuant to a saltwater products license issued under Section 379.361(2), F.S., or a similar license from another state. This endorsement may also be issued to a for-profit corporation if it certifies that at least $5,000 of its income is attributable to the sale of saltwater products pursuant to a saltwater products license or a similar license from another state. However, if at least 50% percent of the annual income of a person, firm, or for-profit corporation is derived from charter fishing, the person, firm, or for-profit corporation must certify that at least $2,500 of the income of the person, firm, or corporation is attributable to the sale of saltwater products pursuant to a saltwater products license issued or a similar license from another state, in order to be issued the endorsement. Such income attribution must apply to at least 1 of the last 3 years. For the purpose of this rule, “income” means that income that is attributable to work, employment, entrepreneurship, pensions, retirement benefits, and social security benefits.

(2) To renew an existing restricted species endorsement, a marine aquaculture producer possessing a valid saltwater products license with a restricted species endorsement may apply income from the sale of marine aquaculture products to licensed wholesale dealers.

(3) The commission may require verification of such income for all restricted species endorsements issued pursuant to this rule.

(a) Acceptable proof of income earned from the sale of saltwater products shall be one or more of the following:

1. Copies of trip ticket records generated pursuant to Chapter 68E-5, F.A.C. (marine fisheries information system), documenting qualifying sale of saltwater products to a licensed wholesale dealer,

2. Copies of sales records and commercial fishing license from locales other than Florida documenting qualifying sale of saltwater products to a licensed dealer, or

3. Crew share statements verifying income earned from the sale of saltwater products to a licensed wholesale dealer.

(b) Acceptable proof of income shall be one of the following:

1. A complete copy of the applicable federal income tax return, including any Form 1099 or W2 attachments, or

2. A certified public accountant’s notarized statement on Commission Form DMF-SL1010 (02-15) (CPA Statement, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05214, incorporated herein by reference) attesting to income during the qualifying period.

(4) Exceptions from income requirements shall be as follows:

(a) A permanent restricted species endorsement shall be available to those persons age 62 and older who have qualified for such endorsement for at least 3 of the last 5 years.

(b) Active military duty time shall be excluded from consideration of time necessary to qualify and shall not be counted against the applicant for purposes of qualifying.

(c) A licensed commercial fisher shall be exempted from the qualifying income requirements for the purpose of obtaining a restricted species endorsement for a complete license year after purchase of a used commercial fishing vessel provided that:

1. The qualifying vessel shall be no less than 16' feet in length. For the purposes of this subparagraph, “length” means the measurement from end to end over the deck parallel to the centerline, excluding sheer.

2. The buyer must be the registered owner of the vessel at the time of application.

3. The vessel must be commercially registered by the seller at the time of sale and by the buyer at the time of application for restricted species endorsement.

4. The seller must possess or be eligible for a valid restricted species endorsement.

5. The seller must have qualified or be eligible for a restricted species endorsement based upon verified income earned from the sale of saltwater products to a licensed wholesale dealer or qualified for a restricted species endorsement based upon a qualifying method other than the vessel purchase exemption.

6. The restricted species endorsement shall be attached only to the vessel SPL on the vessel purchased until such time that the vessel holder qualifies for a restricted species endorsement based upon a qualifying method other than the vessel purchase exemption, except that the restricted species endorsement may be transferred to another vessel SPL if the puchased vessel becomes inoperable.

(d) Upon the death or permanent disablement of a person possessing a valid restricted species endorsement, an immediate family member wishing to carry on the fishing operation who makes the application within 3 years after the death or disablement shall be exempted from the qualifying income requirement for the purpose of obtaining a restricted species endorsement for a complete license year. For the purposes of this paragraph, “immediate family” means the endorsement holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(e) A restricted species endorsement shall, upon application, be issued on an individual saltwater products license to a person age 62 or older who documents that at least $2,500 of such person’s income is attributable to the sale of saltwater products in at least 1 of the last 3 years.

(f) A permanent restricted species endorsement shall, upon application, also be issued on an individual saltwater products license to a person age 70 or older who has held a saltwater products license for at least 3 of the last 5 license years.

(g) Any resident who is certified to be totally and permanently disabled by the Railroad Retirement Board, by the United States Department of Veterans Affairs or its predecessor, by any branch of the United States Armed Forces, by the United States Social Security Adminstration, by a licensed physician on Commission Form DMF-SL1020 (10-16) (Physician Certification of Disability, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07675, and incorporated herein by reference), or for the purposes of workers’ compensation under Chapter 440, F.S., as verified by an order of a judge of compensation claims or written confirmation by the carrier providing workers’ compensation benefits, or who holds a valid identification card issued by the Department of Veterans’ Affairs pursuant to Section 295.17, F.S., upon proof of the same, shall be exempted from the income requirements if he or she also has held a saltwater products license for at least 3 of the last 5 license years before the date of the disability. A restricted species endorsement issued under this paragraph may be issued only on an individual saltwater products license.

(h) An honorably discharged resident military veteran certified by the United States Department of Veterans Affairs or its predecessor or by any branch of the United States Armed Forces to be at least 10% permanently service-connected disabled, upon proof of the same, shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption. A restricted species endorsement shall be issued on an individual saltwater products license thereafter where such disabled resident veteran documents that at least $2,500 of such person’s income is attributable to the sale of saltwater products.

(i) A resident military veteran who applies to the Commission within 48 months after an honorable discharge from any branch of the United States Armed Forces, the Reserves, the Florida National Guard, or the U.S. Coast Guard shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption per military enlistment.

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 11-11-12, Amended 9-1-13, 10-16-14, 7-1-15, 12-28-16, 7-11-23.