House Bill 1143
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Florida House of Representatives - 1999 HB 1143
By Representative Bronson
1 A bill to be entitled
2 An act relating to aquaculture; amending s.
3 370.027, F.S.; revising rulemaking authority
4 relating to marine aquaculture products;
5 amending s. 370.06, F.S.; revising provisions
6 relating to issuance of certain special
7 activity licenses and consolidation of permits;
8 amending s. 370.081, F.S.; providing an
9 exemption from provisions relating to
10 importation or possession of nonindigenous
11 marine plants and animals; amending s. 370.10,
12 F.S.; authorizing taking saltwater species from
13 the wild for certain purposes; amending s.
14 370.26, F.S.; revising definitions; amending
15 ss. 372.0225 and 372.65, F.S.; clarifying
16 respective responsibilities of the Division of
17 Fisheries of the Game and Fresh Water Fish
18 Commission and the Department of Agriculture
19 and Consumer Services with respect to
20 freshwater organisms, aquaculture products, and
21 regulation of holders of aquaculture
22 certificates of registration; deleting
23 authority of the commission to require a tag
24 and fee for cultured game fish sold; amending
25 s. 597.0015, F.S.; revising a definition;
26 amending s. 597.004, F.S.; revising provisions
27 relating to aquaculture certificates of
28 registration and sale of aquaculture products;
29 amending s. 597.0041, F.S., relating to
30 prohibited acts and penalties; creating s.
31 597.0045, F.S.; providing a program of rewards
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1 for information regarding illegal possession or
2 harvest of shellfish; providing for rules;
3 providing for funding; providing an effective
4 date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsection (4) of section 370.027, Florida
9 Statutes, 1998 Supplement, is amended to read.
10 370.027 Rulemaking authority with respect to marine
11 life.--
12 (4) Marine aquaculture producers shall be regulated by
13 the Department of Agriculture and Consumer Services. Marine
14 aquaculture products produced by a marine aquaculture
15 producer, certified pursuant to s. 597.004, are exempt from
16 Marine Fisheries Commission resource management rules, with
17 the exception of such rules governing any fish of the genus
18 Centropomus (snook), the genus Sciaenops (red drum), or the
19 genus Cynoscion (spotted sea trout). Marine Fisheries
20 Commission rules relating to the aquacultural production of
21 red drum and spotted sea trout must be developed and adopted
22 by the commission no later than 1 year from October 1, 1996.
23 Section 2. Paragraphs (b), (d), and (e) of subsection
24 (4) of section 370.06, Florida Statutes, 1998 Supplement, are
25 amended to read:
26 370.06 Licenses.--
27 (4) SPECIAL ACTIVITY LICENSES.--
28 (b) The department is authorized to issue special
29 activity licenses in accordance with this section and s.
30 370.31, to permit the importation and, possession, and
31 aquaculture of wild anadromous sturgeon. The special activity
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1 license shall provide for the protection of specific
2 management practices to prevent the release and escape of
3 cultured anadromous sturgeon and to protect indigenous
4 populations of saltwater species.
5 (d) The conditions and specific management practices
6 established in this section shall may be incorporated into
7 permits and authorizations issued pursuant to chapter 253,
8 chapter 373, chapter 403, or this chapter, when incorporating
9 such provisions is in accordance with the aquaculture permit
10 consolidation procedures. No separate issuance of a special
11 activity license is required when conditions and specific
12 management practices are incorporated into permits or
13 authorizations under this paragraph. Implementation of this
14 section to consolidate permitting actions does not constitute
15 rules within the meaning of s. 120.52.
16 (e) The department is authorized to issue special
17 activity licenses in accordance with ss. 370.071, 370.101, and
18 this section; aquaculture permit consolidation procedures in
19 s. 370.26(2)(3)(a); and rules of the Marine Fisheries
20 Commission to permit the capture and possession of saltwater
21 species protected by law and used as stock for artificial
22 cultivation and propagation.
23 Section 3. Subsection (6) is added to section 370.081,
24 Florida Statutes, 1998 Supplement, to read:
25 370.081 Illegal importation or possession of
26 nonindigenous marine plants and animals; rules and
27 regulations.--
28 (6) Aquaculture producers certified pursuant to s.
29 597.004 may import and possess nonindigenous marine plants and
30 marine animals, except those specifically listed in subsection
31 (2) or prohibited by rule of the department.
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1 Section 4. Subsection (2) of section 370.10, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 370.10 Crustacea, marine animals, fish; regulations;
4 general provisions.--
5 (2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,
6 AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION
7 PURPOSES.--Notwithstanding any other provisions of general or
8 special law to the contrary, the department may authorize,
9 upon such terms, conditions, and restrictions as it may
10 prescribe by rule, any properly accredited person to harvest
11 or possess indigenous or nonindigenous saltwater species for
12 experimental, aquacultural for reasonable quantities of brood
13 stock, scientific, education, and exhibition purposes. Such
14 authorizations shall allow persons harvesting species for
15 aquacultural purposes to use special gear. Such authorizations
16 may allow collection of specimens without regard to, and not
17 limited to, size, seasonal closure, collection method,
18 reproductive state, or bag limit. Authorizations issued under
19 the provisions of this section may be suspended or revoked by
20 the department if it finds that the person has violated this
21 section, department rules or orders, or terms or conditions of
22 the authorization or has submitted false or inaccurate
23 information in his or her application.
24 Section 5. Paragraphs (a) and (b) of subsection (1) of
25 section 370.26, Florida Statutes, 1998 Supplement, are amended
26 to read:
27 370.26 Aquaculture definitions; marine aquaculture
28 products, producers, and facilities.--
29 (1) As used in this section, the term:
30 (a) "Marine aquaculture product facility" means a
31 facility built and operated for the purpose of producing
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1 marine aquaculture products. Marine aquaculture product
2 facilities contain culture systems such as, but not limited
3 to, ponds, tanks, raceways, cages, and bags used for
4 commercial production, propagation, growout, or product
5 enhancement of marine products. Marine aquaculture product
6 facilities specifically do not include:
7 1. Facilities that maintain marine aquatic organisms
8 exclusively for the purpose of shipping, distribution,
9 marketing, or wholesale and retail sales;
10 2. Facilities that maintain marine aquatic organisms
11 for noncommercial, education, exhibition, or scientific
12 purposes;
13 3. Facilities in which the activity does not require
14 an aquaculture certification pursuant to s. 597.004; or
15 4. Facilities used by marine aquarium hobbyists.
16 (b) "Marine aquaculture producer" means a person
17 holding an aquaculture certificate pursuant to s. 597.004 to
18 produce marine aquaculture products for sale.
19 Section 6. Subsection (2) of section 372.0225, Florida
20 Statutes, 1998 Supplement, is amended to read:
21 372.0225 Freshwater organisms.--
22 (2) The responsibility with which the Division of
23 Fisheries is charged under subsection (1) shall in no way
24 supersede or duplicate the responsibilities of the Department
25 of Agriculture and Consumer Services under chapter 500, the
26 Florida Food Safety Act, or under chapter 597, the Florida
27 Aquaculture Policy Act, and the rules adopted thereunder under
28 that chapter.
29 Section 7. Paragraph (g) of subsection (1) of section
30 372.65, Florida Statutes, 1998 Supplement, is amended to read:
31 372.65 Freshwater fish dealer's license.--
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1 (1) No person shall engage in the business of taking
2 for sale or selling any frogs or freshwater fish, including
3 live bait, of any species or size, or importing any exotic or
4 nonindigenous fish, until such person has obtained a license
5 and paid the fee therefor as set forth herein. The license
6 issued shall be in the possession of the person to whom issued
7 while such person is engaging in the business of taking for
8 sale or selling freshwater fish or frogs, is not transferable,
9 shall bear on its face in indelible ink the name of the person
10 to whom it is issued, and shall be affixed to a license
11 identification card issued by the commission. Such license is
12 not valid unless it bears the name of the person to whom it is
13 issued and is so affixed. The failure of such person to
14 exhibit such license to the commission or any of its wildlife
15 officers when such person is found engaging in such business
16 is a violation of law. The license fees and activities
17 permitted under particular licenses are as follows:
18 (g) Any individual or business issued an aquaculture
19 certificate, pursuant to s. 597.004, shall be exempt with
20 respect to aquaculture products authorized under such
21 certificate from the requirements of this chapter. The
22 commission is authorized to require that cultured game fish
23 sold be tagged and to assess a fee of not more than 5 cents
24 for each tag, which shall be furnished by the commission.
25 Section 8. Subsection (2) of section 597.0015, Florida
26 Statutes, is amended to read.
27 597.0015 Definitions.--For purposes of this chapter,
28 the following terms shall have the following meanings:
29 (2) "Aquaculture producers" means those persons
30 engaging in the production and sale of aquaculture products
31 and certified pursuant to s. 597.004.
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1 Section 9. Paragraphs (b), (c), (d), and (h) of
2 subsection (2), subsection (4), paragraph (a) of subsection
3 (5), and paragraph (a) of subsection (6) of section 597.004,
4 Florida Statutes, 1998 Supplement, are amended, and paragraph
5 (c) is added to subsection (6) of said section, to read:
6 597.004 Aquaculture certificate of registration.--
7 (2) NONSHELLFISH CERTIFICATION.--
8 (b) The department, in consultation with the
9 Department of Environmental Protection, the water management
10 districts, environmental groups, and representatives from the
11 affected farming groups, shall adopt rules to:
12 1. Specify the requirement of best-management
13 practices to be implemented by holders of aquaculture
14 certificates of registration property owners and leaseholders.
15 2. Establish procedures for holders of aquaculture
16 certificates of registration property owners and leaseholders
17 to submit the notice of intent to comply with best-management
18 practices.
19 3. Establish schedules for implementation of
20 best-management practices, and of interim measures that can be
21 taken prior to adoption of best-management practices.
22 4. Establish a system to assure the implementation of
23 best-management practices, including recordkeeping
24 requirements.
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26 Rules adopted pursuant to this paragraph subsection shall
27 become effective pursuant to the applicable provisions of
28 chapter 120, but must be submitted to the President of the
29 Senate and the Speaker of the House of Representatives for
30 review by the Legislature. The rules shall be referred to the
31 appropriate committees of substance and scheduled for review
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1 during the first available regular session following adoption.
2 Except as otherwise provided by operation of law, such rules
3 shall remain in effect until rejected or modified by act of
4 the Legislature.
5 (c) Notwithstanding any provision of law, the
6 Department of Environmental Protection is not authorized to
7 institute proceedings against any person certified under this
8 section to recover any costs or damages associated with
9 contamination of groundwater or surface water, or the
10 evaluation, assessment, or remediation of contamination of
11 groundwater or surface water, including sampling, analysis,
12 and restoration of potable water supplies, where the
13 contamination of groundwater or surface water is determined to
14 be the result of aquaculture practices, provided the holder of
15 an aquaculture certificate of registration property owner or
16 leaseholder:
17 1. Provides the department with a notice of intent to
18 implement applicable best-management practices adopted by the
19 department;
20 2. Implements applicable best-management practices as
21 soon as practicable according to rules adopted by the
22 department; and
23 3. Implements practicable interim measures identified
24 and adopted by the department which can be implemented
25 immediately, or according to rules adopted by the department.
26 (d) There is a presumption of compliance with state
27 groundwater and surface water standards if the holder of an
28 aquaculture certificate of registration property owner or
29 leaseholder implements best-management practices that have
30 been verified by the Department of Environmental Protection to
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1 be effective at representative sites and complies with the
2 following:
3 1. Provides the department with a notice of intent to
4 implement applicable best-management practices adopted by the
5 department;
6 2. Implements applicable best-management practices as
7 soon as practicable according to rules adopted by the
8 department; and
9 3. Implements practicable interim measures identified
10 and adopted by the department which can be implemented
11 immediately, or according to rules adopted by the department.
12 (h) Any alligator producer with an alligator farming
13 license and permit to establish and operate an alligator farm
14 shall be issued an aquaculture certificate of registration
15 pursuant to subsection (1) above. Nothing in this chapter
16 shall be construed to supersede the authority under chapter
17 372, chapter 373, or chapter 403 to regulate alligator farms
18 and alligator farmers.
19 (4) IDENTIFICATION OF AQUACULTURE
20 PRODUCTS.--Aquaculture products shall be identified while
21 possessed, processed, transported, or sold as provided in this
22 subsection, except those subject to the requirements of
23 chapter 372 and the rules of the Game and Fresh Water Fish
24 Commission as they relate to alligators only.
25 (a) Aquaculture products shall be identified by an
26 aquaculture certificate of registration number from harvest to
27 point of sale. Any person who possesses aquaculture products
28 must show, by appropriate receipt, bill of sale, bill of
29 lading, or other such manifest where the product originated.
30 (b) Marine aquaculture products shall be transported
31 in containers that separate such product from wild stocks, and
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1 shall be identified by tags or labels that are securely
2 attached and clearly displayed.
3 (c) Each aquaculture registrant who sells food
4 products labeled as "aquaculture or farm raised" must have
5 such products containerized and clearly labeled in accordance
6 with s. 500.11. Label information must include the name,
7 address, and aquaculture certification number. This
8 requirement is designed to segregate the identity of wild and
9 aquaculture products.
10 (5) SALE OF AQUACULTURE PRODUCTS.--
11 (a) Aquaculture products, except shellfish and
12 prohibited freshwater species identified by, snook, spotted
13 sea trout, red drum, and freshwater aquatic species identified
14 in chapter 372 and rules of the Game and Fresh Water Fish
15 Commission, may be sold by an aquaculture producer without
16 restriction so long as product origin can be identified.
17 (6) REGISTRATION AND RENEWALS.--
18 (a) Each aquaculture producer must apply for an
19 aquaculture certificate of registration with the department
20 and submit the appropriate fee. Upon department approval, the
21 department shall issue the applicant an aquaculture
22 certificate of registration for a period not to exceed of 1
23 year. Beginning July 1, 1997, and each year thereafter, each
24 aquaculture certificate of registration must be renewed with
25 fee, pursuant to this chapter, on July 1.
26 (c) Any person who has had an aquaculture certificate
27 of registration revoked or suspended must reapply to the
28 department for certification.
29 Section 10. Subsection (3) of section 597.0041,
30 Florida Statutes, is amended to read.
31 597.0041 Prohibited acts; penalties.--
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1 (3) Any person certified under this chapter who has
2 been convicted of taking aquaculture species raised at a
3 certified facility shall have his or her certificate license
4 revoked for 5 years by the Department of Agriculture and
5 Consumer Services pursuant to the provisions and procedures of
6 s. 120.60.
7 Section 11. Section 597.0045, Florida Statutes, is
8 created to read:
9 597.0045 Shellfish theft reward program.--There is
10 created a shellfish theft reward program, to be administered
11 by the department, for the purpose of granting rewards to
12 persons who provide information leading to the arrest and
13 conviction of individuals illegally possessing, harvesting, or
14 attempting to harvest shellfish.
15 (1) Each person who provides information leading to
16 the arrest and conviction of an individual or individuals for
17 illegally possessing, harvesting, or attempting to harvest
18 shellfish and for whom the respective state attorney notifies
19 the department of such assistance, in writing, shall be
20 eligible for a reward of up to $2,500; except that law
21 enforcement officers and department personnel, and members of
22 their immediate families, shall not be eligible for rewards
23 under the program. The department shall, by rule, establish a
24 graduated reward payout schedule.
25 (2) There is established in the General Inspection
26 Trust Fund of the department a Shellfish Theft Reward Account
27 for deposit of general revenue funds designated for the
28 program and donations received from interested individuals and
29 organizations. Funds in this account shall be used for the
30 sole purpose of granting rewards to persons who provide
31 information leading to the arrest and conviction of
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1 individuals illegally possessing, harvesting, or attempting to
2 harvest shellfish. The granting of rewards shall be subject to
3 legislative appropriations to fund the program.
4 (3) The department may promote the shellfish theft
5 reward program to provide for public recognition of the
6 rewards and to improve compliance with laws prohibiting
7 illegal possession and harvesting of shellfish.
8 Section 12. This act shall take effect July 1, 1999.
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11 HOUSE SUMMARY
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Revises an exemption from marine fisheries commission
13 resource management rules, for marine aquaculture
products produced by a certified marine aquaculture
14 producer. Revises provisions relating to issuance of
special activity licenses with respect to anadromous
15 sturgeon. Requires, rather than authorizes incorporation
of certain licensure conditions into permits issued under
16 separate statutory authority, to consolidate aquaculture
permit procedures. Authorizes aquaculture producers to
17 import and possess certain nonindigenous marine plants
and animals. Authorizes taking reasonable quantities of
18 saltwater species from the wild for aquacultural brood
stock, and use of specialized gear therefor. Clarifies
19 respective responsibilities of the Division of Fisheries
of the Game and Fresh Water Fish Commission and the
20 Department of Agriculture and Consumer Services, relating
to freshwater organisms, aquaculture products, and
21 regulation of holders of aquaculture certificates of
registration. Removes authority of the commission to
22 require a tag and fee for cultured game fish sold.
Provides that a person who has had an aquaculture
23 certificate of registration suspended or revoked must
reapply to the department for certification. Creates the
24 shellfish theft reward program within the department, to
provide rewards of up to $2,500 for information leading
25 to convictions for illegal possession or harvest of
shellfish. Provides for funding through appropriations
26 and donations.
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