House Bill 3673
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Florida House of Representatives - 1998 HB 3673
By Representative Bronson
1 A bill to be entitled
2 An act relating to aquaculture; amending s.
3 253.72, F.S.; establishing wild harvest
4 setbacks from shellfish leases; amending s.
5 370.06, F.S.; authorizing issuance of special
6 activity licenses for the use of special gear
7 or equipment and the importation and possession
8 of sturgeon and nonindigenous saltwater
9 species; authorizing permit consolidation
10 procedures; providing activity license terms;
11 amending s. 370.081, F.S.; revising provisions
12 relating to the importation of nonindigenous
13 marine plants and animals; amending s. 370.10,
14 F.S.; authorizing the harvesting or possession
15 of saltwater species for experimental,
16 scientific, education, and exhibition purposes;
17 amending s. 370.16, F.S.; establishing wild
18 harvest setbacks from shellfish leases;
19 amending s. 370.26, F.S.; defining the term
20 "marine aquaculture facility" and revising
21 definition of the term "marine aquaculture
22 product"; authorizing delegation of regulatory
23 authority for certain aquaculture facilities;
24 amending s. 373.046, F.S.; clarifying
25 jurisdiction over aquaculture activities;
26 amending s. 403.814, F.S.; clarifying
27 provisions relating to aquaculture general
28 permits; amending s. 597.005, F.S.; providing
29 for a list of prioritized research needs;
30 providing an effective date.
31
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Florida House of Representatives - 1998 HB 3673
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (3) is added to section 253.72,
4 Florida Statutes, to read:
5 253.72 Marking of leased areas; restrictions on public
6 use.--
7 (3) To assist in protecting shellfish aquaculture
8 products produced on leases authorized pursuant to this
9 chapter and chapter 370, harvesting shellfish is prohibited
10 within a distance of 25 feet surrounding lawfully marked lease
11 boundaries or within setback and access corridors within
12 specifically designated high-density aquaculture lease areas
13 and aquaculture use zones.
14 Section 2. Subsection (4) of section 370.06, Florida
15 Statutes, is amended to read:
16 370.06 Licenses.--
17 (4) SPECIAL ACTIVITY LICENSES.--
18 (a) A special activity license is required for any
19 person to use gear or equipment not authorized in this chapter
20 or rule of the Marine Fisheries Commission for harvesting
21 saltwater species. In accordance with this chapter, s. 16,
22 Art. X of the State Constitution, and rules of the Marine
23 Fisheries Commission, the department may issue special
24 activity licenses for the use of nonconforming gear or
25 equipment, including, but not limited to, trawls, seines and
26 entangling nets, traps, and hook and line gear, to be used in
27 harvesting saltwater species for scientific and governmental
28 purposes, and where allowable, for innovative fisheries. The
29 department may prescribe by rule application requirements and
30 terms, conditions, and restrictions to be incorporated into
31 each special activity license. This subsection does not apply
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1 to gear or equipment used by certified marine aquaculturists
2 to harvest marine aquaculture products. Any person who seeks
3 to use special gear or equipment in harvesting saltwater
4 species must purchase a special activity license as specified
5 by law to engage in such activities. The department may issue
6 special activity licenses, in accordance with s. 370.071, to
7 permit the cultivation of oysters, clams, mussels, and crabs
8 when such aquaculture activities relate to quality control,
9 sanitation, and public health regulations. The department may
10 prescribe by rule special terms, conditions, and restrictions
11 for any special activity license.
12 (b) The department is authorized to issue special
13 activity licenses in accordance with this section and s.
14 370.31, to permit the importation, possession, and aquaculture
15 of anadromous sturgeon. The special activity license shall
16 provide for specific best management practices to prevent the
17 release and escape of cultured anadromous sturgeon and to
18 protect indigenous populations of saltwater species from
19 sturgeon-borne disease.
20 (c) The department is authorized to issue special
21 activity licenses in accordance with this section, s. 370.081,
22 and aquaculture permit consolidation procedures in s.
23 370.26(3)(a) to permit the importation and possession of
24 nonindigenous saltwater species for the production of marine
25 aquaculture products in marine aquaculture facilities. The
26 license shall provide specific management practices to prevent
27 the release and escape of cultured species and to protect
28 indigenous populations of saltwater species and aquaculture
29 facilities.
30 (d) The conditions and specific management practices
31 established in this section may be set forth in special
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Florida House of Representatives - 1998 HB 3673
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1 activity licenses or may be incorporated into permits and
2 authorizations issued pursuant to chapter 253, chapter 370,
3 chapter 373, or chapter 403, when incorporating such
4 provisions is in accordance with the aquaculture permit
5 consolidation procedures. Implementation of this section to
6 consolidate permitting actions does not constitute rules
7 within the meaning of s. 120.52.
8 (e) Notwithstanding the provisions of subsection (6),
9 special activity licenses issued pursuant to this section
10 shall be for terms not to exceed 5 years.
11 Section 3. Subsections (1), (2), and (5) of section
12 370.081, Florida Statutes, are amended to read:
13 370.081 Illegal importation or possession of
14 nonindigenous marine plants and animals; rules and
15 regulations.--
16 (1) It is unlawful to import or possess any marine
17 plant or marine animal, not indigenous to the state, which,
18 due to the stimulating effect of the waters of the state on
19 procreation, may endanger or infect the marine resources of
20 the state or pose a human health hazard, except as provided in
21 this section subsection (4).
22 (2) Marine animals not to be imported shall include,
23 but are not limited to, all species of the following:
24 (a) Sea snakes (Family Hydrophiidae), except as
25 provided in subsection (4);
26 (b) Rabbitfishes (Family Siganidae);
27 (b)(c) Weeverfishes (Family Trachinidae); and
28 (c)(d) Stonefishes (Genus Synanceja).
29 (5) It is unlawful to release into the waters of the
30 state any nonindigenous saltwater species marine plant or
31 marine animal whether or not included in subsection (2) or
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1 prohibited by rules and regulations adopted pursuant to
2 subsection (3) or authorized by subsection (4).
3 Section 4. Subsection (2) of section 370.10, Florida
4 Statutes, is amended to read:
5 370.10 Crustacea, marine animals, fish; regulations;
6 general provisions.--
7 (2) TAKING SALTWATER SPECIES ANIMALS FOR EXPERIMENTAL,
8 SCIENTIFIC, EDUCATION, AND EXHIBITION EXHIBITIONAL
9 PURPOSES.--Notwithstanding any other provisions of general or
10 special law to the contrary, the department may authorize
11 issue permits, upon such terms, conditions, and restrictions
12 as it may prescribe by rule, to any properly accredited person
13 to harvest or permitting him or her to collect and possess
14 indigenous or nonindigenous saltwater species animals for
15 experimental, scientific, education, and exhibition
16 exhibitional purposes. Such authorizations permits may allow
17 collection of specimens without regard to, and not limited to,
18 size, seasonal closure, collection method, reproductive state,
19 or bag limit. Authorizations Permits issued under the
20 provisions of this section may be suspended or revoked by the
21 department if it finds that the person permitholder has
22 violated this section, department rules or orders, or terms or
23 conditions of the authorization permit or has submitted false
24 or inaccurate information in his or her application.
25 Section 5. Subsection (12) of section 370.16, Florida
26 Statutes, is amended to read:
27 370.16 Oysters and shellfish; regulation.--
28 (12) PROTECTION OF OYSTER AND CLAM REEFS AND
29 SHELLFISH.--
30 (a) The Division of Marine Resources shall improve,
31 enlarge, and protect the natural oyster and clam reefs of this
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1 state to the extent it may deem advisable and the means at its
2 disposal will permit.
3 (b) The division shall also, to the same extent,
4 assist in protecting shellfish aquaculture products produced
5 on the leased or granted reefs in the hands of lessees or
6 grantees from the state. Harvesting shellfish is prohibited
7 within a distance of 25 feet surrounding lawfully marked lease
8 boundaries or within setback and access corridors within
9 specifically designated high-density aquaculture lease areas
10 and aquaculture use zones.
11 (c) The division shall provide the Legislature
12 annually with recommendations for the development and the
13 proper protection of the rights of the state and private
14 holders therein with respect to the oyster and clam business.
15 Section 6. Subsections (1) and (6) of section 370.26,
16 Florida Statutes, are amended to read:
17 370.26 Aquaculture definitions; marine aquaculture
18 products, and producers, and facilities.--
19 (1) As used in this section, the term:
20 (a) "Marine aquaculture facility" means a facility
21 built and operated for the purpose of producing marine
22 aquaculture products. Marine aquaculture facilities contain
23 culture systems such as, but not limited to, ponds, tanks,
24 raceways, cages, and bags used for commercial production,
25 propagation, growout, or product enhancement of marine
26 aquaculture products. Marine aquaculture facilities
27 specifically do not include:
28 1. Facilities that maintain marine aquatic organisms
29 exclusively for the purpose of shipping, distribution,
30 marketing, or wholesale and retail sales;
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1 2. Facilities that maintain marine aquatic organisms
2 for noncommercial, education, exhibition, or scientific
3 purposes;
4 3. Facilities that do not require an aquaculture
5 certification pursuant to s. 597.004; or
6 4. Facilities used by marine aquarium hobbyists.
7 (b)(a) "Marine aquaculture producer" means a person
8 holding an aquaculture certificate pursuant to s. 597.004 to
9 produce marine aquaculture products for sale.
10 (c)(b) "Marine aquaculture product" means any product
11 derived from marine aquatic organisms that are owned and
12 propagated and grown or produced under controlled conditions
13 by a person holding an aquaculture certificate pursuant to s.
14 597.004. Such product does not include organisms harvested
15 from the wild for depuration, wet storage, or relayed for the
16 purpose of controlled purification. Marine aquaculture
17 products are considered saltwater products for the purposes of
18 this chapter, except the holder of an aquaculture certificate
19 is not required to purchase and possess a saltwater products
20 license in order to possess, transport, or sell marine
21 aquaculture products pursuant to s. 370.06. To renew an
22 existing restricted species endorsement, marine aquaculture
23 producers possessing a valid saltwater products license with a
24 restricted species endorsement may apply income from the sales
25 of marine aquaculture products. Income from the sales of
26 marine aquaculture products shall not be eligible for the
27 purpose of acquiring a new restricted species endorsement. The
28 holder of an aquaculture certificate must purchase and possess
29 a saltwater products license in order to possess, transport,
30 or and sell saltwater products not specifically provided for
31 in s. 597.004.
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1 (6) Until such time that aquaculture general permits
2 under s. 403.088 can be expanded and developed, the department
3 shall establish criteria to temporarily permit aquaculture
4 activities that may be presumed not to result in adverse
5 environmental impacts. The criteria developed pursuant to this
6 subsection do not constitute rules within the meaning of s.
7 120.52. Permit application fees under this subsection shall be
8 no more than that established for a general permit. The
9 department may delegate to the water management districts the
10 regulatory authority for aquaculture facilities subject to the
11 temporary general permitting criteria of this subsection.
12 During the period prior to development of a general permit
13 under s. 403.088, the department shall establish a compliance
14 plan based on monitoring results that will assist in the
15 development of the general permit.
16 Section 7. Subsection (5) of section 373.046, Florida
17 Statutes, is amended to read:
18 373.046 Interagency agreements.--
19 (5) Notwithstanding the provisions of s. 403.927, when
20 any operating agreement is developed pursuant to subsection
21 (4):
22 (a) The department shall have regulatory
23 responsibility under part IV of this chapter for:
24 1. All marine and estuarine aquaculture activities
25 located entirely in wetlands or other surface waters on
26 sovereignty submerged land or in the water column above such
27 land and adjacent facilities directly related to the
28 aquaculture activity.
29 2. Marine and estuarine aquaculture activities that do
30 not require a consumptive use permit under part II of this
31 chapter.
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1 2.3. Aquaculture activities that exceed the thresholds
2 or are otherwise ineligible for aquaculture general permits
3 authorized pursuant to ss. 370.26 and 403.088.
4 3.4. Aquaculture activities within the Northwest
5 Florida Water Management District.
6 (b) Water management districts shall have regulatory
7 responsibility under part IV of this chapter for aquaculture
8 activities not retained by the department in paragraph (a).
9 (c) Upon agreement by the applicant, the department,
10 and the applicable water management district, the department
11 and water management district may reassign deviate from the
12 regulatory responsibilities described in paragraphs (a) and
13 (b), based on the specific aquaculture operation, to achieve a
14 more efficient and effective permitting process.
15 Section 8. Subsections (8), (9), and (10) of section
16 403.814, Florida Statutes, are amended to read:
17 403.814 General permits; delegation.--
18 (8) An aquaculture general permit under s. 403.088
19 shall be established for the saltwater cultivation of fish and
20 other marine organisms, except alligators, in upland
21 aquaculture facilities.
22 (8)(9) An aquaculture general permit under s. 403.088
23 shall be established for the freshwater cultivation of fish
24 and other aquatic species animals, except alligators, in
25 upland aquaculture facilities.
26 (9)(10) The authority to issue or deny and ensure
27 compliance with general permits developed by the department
28 pursuant to subsection subsections (8) and (9) for aquaculture
29 facilities is hereby delegated to the water management
30 districts when they have regulatory responsibility for the
31 facility pursuant to s. 373.046 project.
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1 Section 9. Paragraph (i) is added to subsection (3) of
2 section 597.005, Florida Statutes, to read:
3 597.005 Aquaculture Review Council.--
4 (3) RESPONSIBILITIES.--The primary responsibilities of
5 the Aquaculture Review Council are to:
6 (i) Provide the President of the Senate, the Speaker
7 of the House of Representatives, the chairs of legislative
8 committees having primary jurisdiction over either the subject
9 of aquaculture or the budget of the Department of Agriculture
10 and Consumer Services, by August 1 of each year, a list of
11 prioritized research needs critical to development of the
12 aquaculture industry.
13 Section 10. This act shall take effect July 1 of the
14 year in which enacted.
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17 HOUSE SUMMARY
18
Establishes wild harvest setbacks from shellfish leases.
19 Authorizes issuance of special activity licenses for use
of special gear or equipment and the importation and
20 possession of sturgeon and nonindigenous saltwater
species. Authorizes permit consolidation procedures.
21 Authorizes harvesting or possession of saltwater species
for experimental, scientific, education, and exhibition
22 purposes. Authorizes delegation of regulatory authority
for certain aquaculture facilities. Clarifies
23 jurisdiction over aquaculture activities and provisions
relating to aquaculture general permits. Provides for a
24 list of prioritized research needs for development of the
aquaculture industry.
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