68B-8.009. Prohibited Species Collection Criteria

(1) 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. A SAL request involving the harvest of prohibited species will be authorized only for the following SAL applicants:

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

(3) PRIORITIZATION. When the requested harvest of a prohibited species exceeds an established 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 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 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 supports or sponsors conferences and symposia that promote the sharing of information related to captive breeding, husbandry, and management of prohibited species.

(b) If an established 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 paragraph (3)(a), of this rule.

(4) EVALUATION CRITERIA.

(a) In addition to the evaluation criteria set forth in subsection 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. The credentials of the principal investigator, including publications and professional accomplishments.

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

3. A review of how the research project is designed to minimize the mortality or total harvest levels of the prohibited species to be collected.

4. Disposition plan for any prohibited species permanently removed from the system.

5. Whether or not prohibited species collection from Florida waters or the adjacent 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 listed by the FWC as Endangered, Threatened, or a Species of Special Concern, additional evaluation criteria for such species 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-8.004(2), F.A.C., an application for an Education/Exhibition SAL involving prohibited species will be evaluated based on the following criteria:

1. Professional aquarium facility accreditation.

2. Existence of a prohibited species captive breeding program or of a prohibited species-related husbandry or prohibited species research program.

3. Financial or material support of prohibited species research conducted by other entities.

4. Hosted conferences, workshops, or symposia addressing prohibited species husbandry, conservation, or management within the previous year.

5. Educational media and programs accompanying the displays for prohibited species, as well as the conservation message relating to the prohibited species.

6. Whether or not acquisition of the prohibited species is in compliance with the facility’s collecting plan or acquisition policy, including any facility disposition or deaccession policies that are relevant to the requested prohibited species in the future.

7. The current inventory of all prohibited species located at the facility.

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 waters or the adjacent 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.

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.