House Bill 3673c1

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    Florida House of Representatives - 1998             CS/HB 3673

        By the Committee on Agriculture and 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, the importation and possession of

  8         sturgeon and nonindigenous saltwater species,

  9         the harvest of certain shellfish, and the

10         capture of certain saltwater species;

11         authorizing permit consolidation procedures;

12         providing activity license terms; amending s.

13         370.081, F.S.; revising provisions relating to

14         the importation of nonindigenous marine plants

15         and animals; amending s. 370.10, F.S.;

16         authorizing the harvesting or possession of

17         saltwater species for experimental, scientific,

18         education, and exhibition purposes; amending s.

19         370.16, F.S.; establishing wild harvest

20         setbacks from shellfish leases; amending s.

21         370.26, F.S.; defining the term "marine

22         aquaculture facility" and revising definition

23         of the term "marine aquaculture product";

24         authorizing delegation of regulatory authority

25         for certain aquaculture facilities; amending s.

26         372.6672, F.S.; removing obsolete language

27         relating to state-sanctioned sales of alligator

28         hides; amending s. 372.6673, F.S.; providing

29         for a portion of the fees assessed for

30         alligator egg collection permits to be

31         transferred to the General Inspection Trust

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  1         Fund to be used for certain purposes; amending

  2         s. 372.6674, F.S.; providing for a portion of

  3         the fees assessed for alligator hide validation

  4         tags to be transferred to the General

  5         Inspection Trust Fund to be used for certain

  6         purposes; amending s. 373.046, F.S.; clarifying

  7         jurisdiction over aquaculture activities;

  8         amending s. 403.814, F.S.; clarifying

  9         provisions relating to aquaculture general

10         permits; amending s. 597.005, F.S.; providing

11         for a list of prioritized research needs;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (3) is added to section 253.72,

17  Florida Statutes, to read:

18         253.72  Marking of leased areas; restrictions on public

19  use.--

20         (3)  To assist in protecting shellfish aquaculture

21  products produced on leases authorized pursuant to this

22  chapter and chapter 370, harvesting shellfish is prohibited

23  within a distance of 25 feet outside lawfully marked lease

24  boundaries or within setback and access corridors within

25  specifically designated high-density aquaculture lease areas

26  and aquaculture use zones.

27         Section 2.  Subsection (4) of section 370.06, Florida

28  Statutes, is amended to read:

29         370.06  Licenses.--

30         (4)  SPECIAL ACTIVITY LICENSES.--

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  1         (a)  A special activity license is required for any

  2  person to use gear or equipment not authorized in this chapter

  3  or rule of the Marine Fisheries Commission for harvesting

  4  saltwater species. In accordance with this chapter, s. 16,

  5  Art. X of the State Constitution, and rules of the Marine

  6  Fisheries Commission, the department may issue special

  7  activity licenses for the use of nonconforming gear or

  8  equipment, including, but not limited to, trawls, seines and

  9  entangling nets, traps, and hook and line gear, to be used in

10  harvesting saltwater species for scientific and governmental

11  purposes, and where allowable, for innovative fisheries. The

12  department may prescribe by rule application requirements and

13  terms, conditions, and restrictions to be incorporated into

14  each special activity license. This subsection does not apply

15  to gear or equipment used by certified marine aquaculturists

16  to harvest marine aquaculture products. Any person who seeks

17  to use special gear or equipment in harvesting saltwater

18  species must purchase a special activity license as specified

19  by law to engage in such activities. The department may issue

20  special activity licenses, in accordance with s. 370.071, to

21  permit the cultivation of oysters, clams, mussels, and crabs

22  when such aquaculture activities relate to quality control,

23  sanitation, and public health regulations.  The department may

24  prescribe by rule special terms, conditions, and restrictions

25  for any special activity license.

26         (b)  The department is authorized to issue special

27  activity licenses in accordance with this section and s.

28  370.31, to permit the importation, possession, and aquaculture

29  of anadromous sturgeon.  The special activity license shall

30  provide for specific best management practices to prevent the

31  release and escape of cultured anadromous sturgeon and to

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  1  protect indigenous populations of saltwater species from

  2  sturgeon-borne disease.

  3         (c)  The department is authorized to issue special

  4  activity licenses, in accordance with s. 370.071, to permit

  5  the harvest or cultivation of oysters, clams, mussels, and

  6  crabs when such activities relate to quality control,

  7  sanitation, public health regulations, innovative technologies

  8  for aquaculture activities, or the protection of shellfish

  9  resources provided in this chapter.

10         (d)  The department is authorized to issue special

11  activity licenses in accordance with this section and ss.

12  370.071 and 370.101, aquaculture permit consolidation

13  procedures in s. 370.26(3)(a), and rules of the Marine

14  Fisheries Commission to permit the capture and possession of

15  saltwater species protected by law and used as stock for

16  artificial cultivation and propagation.

17         (e)  The department is authorized to issue special

18  activity licenses in accordance with this section, s. 370.081,

19  and aquaculture permit consolidation procedures in s.

20  370.26(3)(a) to permit the importation and possession of

21  nonindigenous saltwater species for the production of marine

22  aquaculture products in marine aquaculture facilities. The

23  license shall provide specific management practices to prevent

24  the release and escape of cultured species and to protect

25  indigenous populations of saltwater species and aquaculture

26  facilities.

27         (f)  The conditions and specific management practices

28  established in this section may be set forth in special

29  activity licenses or may be incorporated into permits and

30  authorizations issued pursuant to chapter 253, chapter 370,

31  chapter 373, or chapter 403, when incorporating such

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  1  provisions is in accordance with the aquaculture permit

  2  consolidation procedures. No separate issuance of a special

  3  activity license is required when conditions and specific

  4  management practices are incorporated into permits or

  5  authorizations under this paragraph. Implementation of this

  6  section to consolidate permitting actions does not constitute

  7  rules within the meaning of s. 120.52.

  8         (g)  Notwithstanding the provisions of subsection (6),

  9  special activity licenses issued pursuant to this section

10  shall be for terms not to exceed 20 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 outside 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 in which the activity does not require

  5  an aquaculture 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 to licensed wholesale dealers.

26  Income from the sales of marine aquaculture products shall not

27  be eligible for the purpose of acquiring a new restricted

28  species endorsement. The holder of an aquaculture certificate

29  must purchase and possess a saltwater products license in

30  order to possess, transport, or and sell saltwater products

31  not specifically provided for 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 (3) of section 372.6672, Florida

17  Statutes, is amended to read:

18         372.6672  Alligator management and trapping program

19  implementation; commission authority.--

20         (3)  The commission shall provide adequate notice of

21  state-sanctioned sales and may maintain a list of known hide

22  buyers and provide notice of state sales by mail.  Nothing

23  herein shall authorize the commission to engage in marketing

24  or promotion of the sale of alligator hides or products other

25  than by providing the public notice described herein. The

26  commission is authorized to market alligator hides or products

27  obtained as a result of its law enforcement actions or its

28  nuisance alligator control programs.

29         Section 8.  Subsection (4) of section 372.6673, Florida

30  Statutes, is amended to read:

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  1         372.6673  Taking and possession of alligators; trapping

  2  licenses; fees.--

  3         (4)  No person shall take any alligator egg occurring

  4  in the wild or possess any such egg unless such person has

  5  obtained, or is a licensed agent of another person who has

  6  obtained, an alligator egg collection permit.  The alligator

  7  egg collection permit shall be required in addition to the

  8  alligator farming license provided in paragraph (2)(d).  The

  9  commission is authorized to assess a fee for issuance of the

10  alligator egg collection permit of up to $5 per egg authorized

11  to be taken or possessed pursuant to such permit, of which $1

12  per egg, excluding eggs collected on private wetland

13  management areas, shall be transferred to the General

14  Inspection Trust Fund, to be administered by the Department of

15  Agriculture and Consumer Services for the purpose of providing

16  marketing and education services with respect to alligator

17  products produced in this state, notwithstanding other

18  provisions in this chapter.

19         Section 9.  Subsection (2) of section 372.6674, Florida

20  Statutes, is amended to read:

21         372.6674  Required tagging of alligators and hides;

22  fees; revenues.--The tags provided in this section shall be

23  required in addition to any license required under s.

24  372.6673.

25         (2)  The commission may require that an alligator hide

26  validation tag be affixed to the hide of any alligator taken

27  from the wild and that such hide be possessed, purchased,

28  sold, offered for sale, or transported in accordance with

29  commission rule.  The commission is authorized to assess a fee

30  of up to $30 for each alligator hide validation tag issued, of

31  which $5 per validated hide, excluding those validated from

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  1  public hunt programs, shall be transferred to the General

  2  Inspection Trust Fund, to be administered by the Department of

  3  Agriculture and Consumer Services for the purpose of providing

  4  marketing and education services with respect to alligator

  5  products produced in this state, notwithstanding other

  6  provisions in this chapter.

  7         Section 10.  Subsection (5) of section 373.046, Florida

  8  Statutes, is amended to read:

  9         373.046  Interagency agreements.--

10         (5)  Notwithstanding the provisions of s. 403.927, when

11  any operating agreement is developed pursuant to subsection

12  (4):

13         (a)  The department shall have regulatory

14  responsibility under part IV of this chapter for:

15         1.  All saltwater aquaculture activities located on

16  sovereignty submerged land or in the water column above such

17  land and adjacent facilities directly related to the

18  aquaculture activity.

19         2.  Marine and estuarine aquaculture activities that do

20  not require a consumptive use permit under part II of this

21  chapter.

22         2.3.  Aquaculture activities that exceed the thresholds

23  or do not meet all the criteria for aquaculture general

24  permits authorized pursuant to ss. 370.26 and 403.088.

25         3.4.  Aquaculture activities within the Northwest

26  Florida Water Management District.

27         (b)  Water management districts shall have regulatory

28  responsibility under part IV of this chapter for aquaculture

29  activities not retained by the department in paragraph (a).

30         (c)  Upon agreement by the applicant, the department,

31  and the applicable water management district, the department

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  1  and water management district may reassign deviate from the

  2  regulatory responsibilities described in paragraphs (a) and

  3  (b), based on the specific aquaculture operation, to achieve a

  4  more efficient and effective permitting process.

  5         Section 11.  Subsections (8), (9), and (10) of section

  6  403.814, Florida Statutes, are amended to read:

  7         403.814  General permits; delegation.--

  8         (8)  An aquaculture general permit under s. 403.088

  9  shall be established for the saltwater cultivation of fish and

10  other marine organisms, except alligators, in upland

11  aquaculture facilities.

12         (8)(9)  An aquaculture general permit under s. 403.088

13  shall be established for the freshwater cultivation of fish

14  and other aquatic species animals, except alligators, in

15  upland aquaculture facilities.

16         (9)(10)  The authority to issue or deny general permits

17  developed by the department pursuant to subsection subsections

18  (8) and (9) for aquaculture facilities is hereby delegated to

19  the water management districts when they have regulatory

20  responsibility for the facility pursuant to s. 373.046

21  project.

22         Section 12.  Paragraph (i) is added to subsection (3)

23  of section 597.005, Florida Statutes, to read:

24         597.005  Aquaculture Review Council.--

25         (3)  RESPONSIBILITIES.--The primary responsibilities of

26  the Aquaculture Review Council are to:

27         (i)  Provide the Governor, the President of the Senate,

28  the Speaker of the House of Representatives, and the chairs of

29  legislative committees having primary jurisdiction over either

30  the subject of aquaculture or the budget of the Department of

31  Agriculture and Consumer Services, by August 1 of each year, a

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  1  list of prioritized research needs critical to development of

  2  the aquaculture industry.

  3         Section 13.  This act shall take effect July 1 of the

  4  year in which enacted.

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