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 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 a SAL as follows:

(a) Gear Innovation SAL.

(b) Governmental Purpose SAL.

(c) Governmental Purpose Gear Exemption.

(d) Nonprofit Corporation SAL.

(3) GEAR MARKING/TENDING. If the proposed gear use includes an in-water set time, 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.

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

1. An individual who holds all of the applicable commercial harvesting licenses, permits, or endorsements required for the fishery requested for harvest pursuant to the SAL and,

a. Has at least five years experience as a commercial harvester in Florida and has landings of the species targeted for harvest with the innovative gear and,

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

2. An applicant eligible to receive a Scientific Research SAL pursuant to Rule 68B-8.006, F.A.C.

(c) FEES AND APPLICATION.

1. The processing fee for a Gear Innovation SAL is $25.00. A processing fee is non-refundable.

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)).

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

1. Construction of the proposed gear.

2. Intended use of the proposed gear and any potential impacts on the marine environment.

3. Impact on the species targeted for harvest with the proposed gear and any species that may be harvested incidentally.

4. Benefits to the state through the use of the innovative gear.

(e) GENERAL CONDITIONS AND RESTRICTIONS.

1. The SAL holder shall only operate in areas designated by the SAL. The gear shall not be used in areas that would otherwise be closed to the commercial harvest of the targeted species.

2. The SAL holder must conform to gear marking or tending requirements specified in the SAL.

3. The individual to whom the SAL is issued must provide on-site supervision of all activities conducted pursuant to the SAL.

4. All marine organisms harvested pursuant to the SAL must be in compliance with any commercial regulations established for the species being harvested, including but not limited to seasons, commercial limits on harvest and sale, area closures, commercial size limits, and documentation requirements for the commercial sale of marine organisms.

(f) 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 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.

(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 a prohibited species.

(b) 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.

1. There is no fee for a Governmental Purpose SAL.

2. An applicant for a Governmental Purpose SAL must submit a written request that contains the following information:

a. The need for the use of non-conforming gear in furtherance of the public health, safety, or welfare.

b. A detailed description of the proposed gear, an explanation of how it will be used, and any anticipated impacts of the gear on the marine environment.

c. A list of species targeted for harvest with the proposed gear and any anticipated species that may be harvested incidentally.

d. The quantity of targeted species to be harvested necessary to achieve the stated purpose.

e. The center point and corner coordinates of each area where the non-conforming gear will be used.

f. The time period when the non-conforming gear will be used.

(d) GENERAL CONDITIONS AND RESTRICTIONS.

1. The use of non-conforming gear must be limited to the minimum area and time necessary to achieve the governmental purpose.

2. A marine organism harvested and sold pursuant to a Governmental Purpose SAL must be in compliance with any documentation requirements for the commercial sale of that species.

(e) 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 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.

(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. A Governmental Purpose Gear Exemption may be issued only to a person who:

1. Holds an Endangered Species Permit or other such authorization issued by the National Marine Fisheries Service for purposes of marine turtle harvest and relocation, marine turtle research, testing of experimental devices designed to exclude turtles from commercial harvesting gear, or conducting marine turtle population assessments in a specified area.

2. Serves as a support unit for the Florida Department of Education who operates a facility on behalf of the State of Florida to provide marine services support for state agencies and institutions.

3. Is required by a federal agency to conduct stock enhancement activities for mitigation purposes.

(c) FEES AND APPLICATION.

1. There is no fee for a Governmental Purpose Gear Exemption.

2. An application for a Governmental Purpose Gear Exemption must be submitted in the form of a written request from an eligible applicant. The written request for an exemption must be accompanied by a copy of a Marine Turtle Permit, an Education/Exhibition SAL, or a Stock Collection and Release SAL.

(8) 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 will not be issued for a prohibited species.

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

1. The bylaws of the nonprofit corporation must provide for, and its activities must include, the harvest of marine organisms for purposes of research, education, and exhibition that further the knowledge of marine biology, marine life, and the marine environment; and,

2. The nonprofit corporation must hold the applicable wholesale and retail dealers licenses and hold the applicable commercial harvesting licenses, permits, or endorsements required for the fishery requested for harvest and sale pursuant to the SAL.

(c) FEES AND APPLICATION.

1. The processing fee for a Nonprofit Corporation SAL is $25.00. A processing fee is non-refundable.

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 (9/09)).

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

1. A marine organism harvested pursuant to a Nonprofit Corporation SAL shall only be sold to an entity conducting activities for scientific research, educational, or exhibitional purposes, and cannot be sold for human consumption.

2. Marine shellfish harvested pursuant to a Nonprofit Corporation SAL must be harvested from an area that is closed to the public for the harvest of shellfish.

(e) REPORTING REQUIREMENTS. A Nonprofit Corporation SAL holder must submit the following documentation during the 12th month, 24th month, 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 (MFTT) system, by the marine organism’s common name and scientific classification, amount harvested, and, if sold, the entity to whom sold.

2. Marine Fisheries Trip Tickets, except that a marine organism must not be reported via a trip ticket if one or more of the following apply:

a. The marine organism is specifically named in the Nonprofit Corporation SAL.

b. The marine organism has no species code in the MFTT system.

c. The marine organism is subject to a seasonal restriction on its commercial harvest and sale.

d. The commercial licensing requirements for the marine organism have not been met.

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.