68B-8.012. Snook Special Activity License

(1) 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.

(a) A Snook SAL for the harvest of broodstock and production, possession, transport, transfer or sale of the broodstock progeny may be issued only to an owner, director, or manager of a certified aquaculture facility that does not directly discharge production unit water to surface waters of the state.

(b) A Snook SAL for the receipt, purchase and possession of broodstock progeny may be issued only to the following:

1. An owner, director, or manager of a certified aquaculture facility that does not directly discharge production unit water to surface waters of the state, is located in Florida, and is located in the region of the state where the supplier’s broodstock originated.

2. An owner of a private pond located in Florida and in the region of the state where the supplier’s broodstock originated. The private pond must have no connection to surface waters of the state and the lowest point of the top edge of its levee, dike, or bank must be at least one foot above the 100-year flood plain by reference to elevation maps issued by the National Flood Insurance Program of the Federal Emergency Management Agency.

3. An owner, director, or manager of a fully contained facility located in Florida and in the region of the state where the supplier’s broodstock originated. Such facility must be open to the public and conduct activities for exhibitional purposes.

(3) FEES AND APPLICATION.

(a) The processing fee for a Snook SAL is $25.00. A processing fee is non-refundable.

(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)).

(4) EVALUATION CRITERIA. In addition to the evaluation criteria set forth in subsection 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) The number and sex of snook requested for broodstock harvest.

(b) The area of broodstock harvest.

(c) Proposed harvesting gears and methods.

(d) Anticipated time period of harvest.

(e) Proposed spawning strategy.

(f) Broodstock disposition plan.

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

(h) Valid DOACS aquaculture certificate of registration.

(5) TRANSFER OR SALE OF BROODSTOCK PROGENY.

(a) A holder of a Snook SAL issued for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny may transfer or sell broodstock progeny only to a holder of a valid Snook SAL for the receipt, purchase and possession of broodstock progeny.

(b) A holder of a Snook SAL issued for the harvest of broodstock, and production, possession, transport, transfer or sale of the broodstock progeny must provide transfer documentation, a bill of sale or other documentary evidence to each receiver or purchaser of broodstock progeny, and must maintain a record of each transaction. The transfer documentation, bill of sale or other documentary evidence must include the name, address, and aquaculture certificate number of the certified aquaculture facility conducting the transaction, the name and address of the entity receiving or purchasing the broodstock progeny, the transaction date, the quantity of progeny transferred or purchased, the receiver’s Snook SAL number, and the exact location where the progeny are being stocked or maintained.

(6) 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) Snook are not sold on a per-pound or per-fish basis.

(b) Snook removed from the private property on which the pay-to-fish pond is located conform to regional size limits, bag limits, and closed seasons, as specified in Division 68B, F.A.C.

(7) 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:

(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 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) Documentation of each transfer or sale of progeny, as specified in paragraph 68B-8.012(5)(b), F.A.C.

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.