House Bill 1143c1

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    Florida House of Representatives - 1999             CS/HB 1143

        By the Committee on Agriculture and 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         370.1107, F.S.; providing a penalty for illegal

15         possession of live bait traps or cages;

16         amending s. 370.26, F.S.; revising definitions;

17         amending ss. 372.0225 and 372.65, F.S.;

18         clarifying respective responsibilities of the

19         Division of Fisheries of the Game and Fresh

20         Water Fish Commission and the Department of

21         Agriculture and Consumer Services with respect

22         to freshwater organisms, aquaculture products,

23         and regulation of holders of aquaculture

24         certificates of registration; deleting

25         authority of the commission to require a tag

26         and fee for cultured game fish sold; amending

27         s. 597.0015, F.S.; revising a definition;

28         amending s. 597.004, F.S.; revising provisions

29         relating to aquaculture certificates of

30         registration and sale of aquaculture products;

31         amending s. 597.0041, F.S., relating to

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  1         prohibited acts and penalties; creating s.

  2         597.0045, F.S.; providing a program of rewards

  3         for information regarding illegal possession or

  4         harvest of cultured shellfish; providing for

  5         rules; providing for funding; providing

  6         severability of provisions or applications of

  7         this act; providing an effective date.

  8

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

10

11         Section 1.  Subsection (4) of section 370.027, Florida

12  Statutes, 1998 Supplement, is amended to read.

13         370.027  Rulemaking authority with respect to marine

14  life.--

15         (4)  Marine aquaculture producers shall be regulated by

16  the Department of Agriculture and Consumer Services. Marine

17  aquaculture products produced by a marine aquaculture

18  producer, certified pursuant to s. 597.004, are exempt from

19  Marine Fisheries Commission resource management rules, with

20  the exception of such rules governing any fish of the genus

21  Centropomus (snook), the genus Sciaenops (red drum), or the

22  genus Cynoscion (spotted sea trout).  Marine Fisheries

23  Commission rules relating to the aquacultural production of

24  red drum and spotted sea trout must be developed and adopted

25  by the commission no later than 1 year from October 1, 1996.

26         Section 2.  Paragraphs (b), (d), and (e) of subsection

27  (4) of section 370.06, Florida Statutes, 1998 Supplement, are

28  amended to read:

29         370.06  Licenses.--

30         (4)  SPECIAL ACTIVITY LICENSES.--

31

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  1         (b)  The department is authorized to issue special

  2  activity licenses in accordance with this section and s.

  3  370.31, to permit the importation and, possession, and

  4  aquaculture of wild anadromous sturgeon.  The special activity

  5  license shall provide for the protection of specific

  6  management practices to prevent the release and escape of

  7  cultured anadromous sturgeon and to protect indigenous

  8  populations of saltwater species.

  9         (d)  The conditions and specific management practices

10  established in this section shall may be incorporated into

11  permits and authorizations issued pursuant to chapter 253,

12  chapter 373, chapter 403, or this chapter, when incorporating

13  such provisions is in accordance with the aquaculture permit

14  consolidation procedures. No separate issuance of a special

15  activity license is required when conditions and specific

16  management practices are incorporated into permits or

17  authorizations under this paragraph. Implementation of this

18  section to consolidate permitting actions does not constitute

19  rules within the meaning of s. 120.52.

20         (e)  The department is authorized to issue special

21  activity licenses in accordance with ss. 370.071, 370.101, and

22  this section; aquaculture permit consolidation procedures in

23  s. 370.26(2)(3)(a); and rules of the Marine Fisheries

24  Commission to permit the capture and possession of saltwater

25  species protected by law and used as stock for artificial

26  cultivation and propagation.

27         Section 3.  Subsection (6) is added to section 370.081,

28  Florida Statutes, 1998 Supplement, to read:

29         370.081  Illegal importation or possession of

30  nonindigenous marine plants and animals; rules and

31  regulations.--

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  1         (6)  Aquaculture producers certified pursuant to s.

  2  597.004 may import and possess nonindigenous marine plants and

  3  marine animals, except those specifically listed in subsection

  4  (2) or prohibited by rule of the department.

  5         Section 4.  Subsection (2) of section 370.10, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         370.10  Crustacea, marine animals, fish; regulations;

  8  general provisions.--

  9         (2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

10  AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

11  PURPOSES.--Notwithstanding any other provisions of general or

12  special law to the contrary, the department may authorize,

13  upon such terms, conditions, and restrictions as it may

14  prescribe by rule, any properly accredited person to harvest

15  or possess indigenous or nonindigenous saltwater species for

16  experimental, aquacultural for reasonable quantities of brood

17  stock, scientific, education, and exhibition purposes. Such

18  authorizations shall allow persons harvesting species for

19  aquacultural purposes to use special gear. Such authorizations

20  may allow collection of specimens without regard to, and not

21  limited to, size, seasonal closure, collection method,

22  reproductive state, or bag limit. Authorizations issued under

23  the provisions of this section may be suspended or revoked by

24  the department if it finds that the person has violated this

25  section, department rules or orders, or terms or conditions of

26  the authorization or has submitted false or inaccurate

27  information in his or her application.

28         Section 5.  Subsections (3) and (4) of section

29  370.1107, Florida Statutes, are renumbered as subsections (4)

30  and (5), respectively, and a new subsection (3) is added to

31  said section to read:

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  1         370.1107  Definition; possession of certain licensed

  2  traps prohibited; penalties; exceptions; consent.--

  3         (3)  It is unlawful for any person, firm, corporation,

  4  or association to possess, attempt to possess, interfere with,

  5  attempt to interfere with, or remove live bait from a live

  6  bait trap or cage of another person, firm, corporation, or

  7  association.  Unlawful possession of one or more live bait

  8  traps or cages is a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083.

10         Section 6.  Paragraphs (a) and (b) of subsection (1) of

11  section 370.26, Florida Statutes, 1998 Supplement, are amended

12  to read:

13         370.26  Aquaculture definitions; marine aquaculture

14  products, producers, and facilities.--

15         (1)  As used in this section, the term:

16         (a)  "Marine aquaculture product facility" means a

17  facility built and operated for the purpose of producing

18  marine aquaculture products. Marine aquaculture product

19  facilities contain culture systems such as, but not limited

20  to, ponds, tanks, raceways, cages, and bags used for

21  commercial production, propagation, growout, or product

22  enhancement of marine products. Marine aquaculture product

23  facilities specifically do not include:

24         1.  Facilities that maintain marine aquatic organisms

25  exclusively for the purpose of shipping, distribution,

26  marketing, or wholesale and retail sales;

27         2.  Facilities that maintain marine aquatic organisms

28  for noncommercial, education, exhibition, or scientific

29  purposes;

30         3.  Facilities in which the activity does not require

31  an aquaculture certification pursuant to s. 597.004; or

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  1         4.  Facilities used by marine aquarium hobbyists.

  2         (b)  "Marine aquaculture producer" means a person

  3  holding an aquaculture certificate pursuant to s. 597.004 to

  4  produce marine aquaculture products for sale.

  5         Section 7.  Subsection (2) of section 372.0225, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         372.0225  Freshwater organisms.--

  8         (2)  The responsibility with which the Division of

  9  Fisheries is charged under subsection (1) shall in no way

10  supersede or duplicate the responsibilities of the Department

11  of Agriculture and Consumer Services under chapter 500, the

12  Florida Food Safety Act, or under chapter 597, the Florida

13  Aquaculture Policy Act, and the rules adopted thereunder under

14  that chapter.

15         Section 8.  Paragraph (g) of subsection (1) of section

16  372.65, Florida Statutes, 1998 Supplement, is amended to read:

17         372.65  Freshwater fish dealer's license.--

18         (1)  No person shall engage in the business of taking

19  for sale or selling any frogs or freshwater fish, including

20  live bait, of any species or size, or importing any exotic or

21  nonindigenous fish, until such person has obtained a license

22  and paid the fee therefor as set forth herein.  The license

23  issued shall be in the possession of the person to whom issued

24  while such person is engaging in the business of taking for

25  sale or selling freshwater fish or frogs, is not transferable,

26  shall bear on its face in indelible ink the name of the person

27  to whom it is issued, and shall be affixed to a license

28  identification card issued by the commission.  Such license is

29  not valid unless it bears the name of the person to whom it is

30  issued and is so affixed. The failure of such person to

31  exhibit such license to the commission or any of its wildlife

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  1  officers when such person is found engaging in such business

  2  is a violation of law.  The license fees and activities

  3  permitted under particular licenses are as follows:

  4         (g)  Any individual or business issued an aquaculture

  5  certificate, pursuant to s. 597.004, shall be exempt with

  6  respect to aquaculture products authorized under such

  7  certificate from the requirements of this chapter. The

  8  commission is authorized to require that cultured game fish

  9  sold be tagged and to assess a fee of not more than 5 cents

10  for each tag, which shall be furnished by the commission.

11         Section 9.  Subsection (2) of section 597.0015, Florida

12  Statutes, is amended to read.

13         597.0015  Definitions.--For purposes of this chapter,

14  the following terms shall have the following meanings:

15         (2)  "Aquaculture producers" means those persons

16  engaging in the production and sale of aquaculture products

17  and certified pursuant to s. 597.004.

18         Section 10.  Paragraphs (b), (c), (d), and (h) of

19  subsection (2), subsection (4), paragraph (a) of subsection

20  (5), and paragraph (a) of subsection (6) of section 597.004,

21  Florida Statutes, 1998 Supplement, are amended, and paragraph

22  (c) is added to subsection (6) of said section, to read:

23         597.004  Aquaculture certificate of registration.--

24         (2)  NONSHELLFISH CERTIFICATION.--

25         (b)  The department, in consultation with the

26  Department of Environmental Protection, the water management

27  districts, environmental groups, and representatives from the

28  affected farming groups, shall adopt rules to:

29         1.  Specify the requirement of best-management

30  practices to be implemented by holders of aquaculture

31  certificates of registration property owners and leaseholders.

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  1         2.  Establish procedures for holders of aquaculture

  2  certificates of registration property owners and leaseholders

  3  to submit the notice of intent to comply with best-management

  4  practices.

  5         3.  Establish schedules for implementation of

  6  best-management practices, and of interim measures that can be

  7  taken prior to adoption of best-management practices. Interim

  8  measures may include the continuation of regulatory

  9  requirements in effect on June 30, 1998.

10         4.  Establish a system to assure the implementation of

11  best-management practices, including recordkeeping

12  requirements.

13

14  Rules adopted pursuant to this paragraph subsection shall

15  become effective pursuant to the applicable provisions of

16  chapter 120, but must be submitted to the President of the

17  Senate and the Speaker of the House of Representatives for

18  review by the Legislature.  The rules shall be referred to the

19  appropriate committees of substance and scheduled for review

20  during the first available regular session following adoption.

21  Except as otherwise provided by operation of law, such rules

22  shall remain in effect until rejected or modified by act of

23  the Legislature.

24         (c)  Notwithstanding any provision of law, the

25  Department of Environmental Protection is not authorized to

26  institute proceedings against any person certified under this

27  section to recover any costs or damages associated with

28  contamination of groundwater or surface water, or the

29  evaluation, assessment, or remediation of contamination of

30  groundwater or surface water, including sampling, analysis,

31  and restoration of potable water supplies, where the

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  1  contamination of groundwater or surface water is determined to

  2  be the result of aquaculture practices, provided the holder of

  3  an aquaculture certificate of registration property owner or

  4  leaseholder:

  5         1.  Provides the department with a notice of intent to

  6  implement applicable best-management practices adopted by the

  7  department;

  8         2.  Implements applicable best-management practices as

  9  soon as practicable according to rules adopted by the

10  department; and

11         3.  Implements practicable interim measures identified

12  and adopted by the department which can be implemented

13  immediately, or according to rules adopted by the department.

14         (d)  There is a presumption of compliance with state

15  groundwater and surface water standards if the holder of an

16  aquaculture certificate of registration property owner or

17  leaseholder implements best-management practices that have

18  been verified by the Department of Environmental Protection to

19  be effective at representative sites and complies with the

20  following:

21         1.  Provides the department with a notice of intent to

22  implement applicable best-management practices adopted by the

23  department;

24         2.  Implements applicable best-management practices as

25  soon as practicable according to rules adopted by the

26  department; and

27         3.  Implements practicable interim measures identified

28  and adopted by the department which can be implemented

29  immediately, or according to rules adopted by the department.

30         (h)  Any alligator producer with an alligator farming

31  license and permit to establish and operate an alligator farm

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  1  shall be issued an aquaculture certificate of registration

  2  pursuant to subsection (1) above. Nothing in this chapter

  3  shall be construed to supersede the authority under chapter

  4  372, chapter 373, or chapter 403 to regulate alligator farms

  5  and alligator farmers.

  6         (4)  IDENTIFICATION OF AQUACULTURE

  7  PRODUCTS.--Aquaculture products shall be identified while

  8  possessed, processed, transported, or sold as provided in this

  9  subsection, except those subject to the requirements of

10  chapter 372 and the rules of the Game and Fresh Water Fish

11  Commission as they relate to alligators only.

12         (a)  Aquaculture products shall be identified by an

13  aquaculture certificate of registration number from harvest to

14  point of sale.  Any person who possesses aquaculture products

15  must show, by appropriate receipt, bill of sale, bill of

16  lading, or other such manifest where the product originated.

17         (b)  Marine aquaculture products shall be transported

18  in containers that separate such product from wild stocks, and

19  shall be identified by tags or labels that are securely

20  attached and clearly displayed.

21         (c)  Each aquaculture registrant who sells food

22  products labeled as "aquaculture or farm raised" must have

23  such products containerized and clearly labeled in accordance

24  with s. 500.11.  Label information must include the name,

25  address, and aquaculture certification number.  This

26  requirement is designed to segregate the identity of wild and

27  aquaculture products.

28         (5)  SALE OF AQUACULTURE PRODUCTS.--

29         (a)  Aquaculture products, except shellfish and

30  prohibited freshwater species identified by, snook, spotted

31  sea trout, red drum, and freshwater aquatic species identified

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  1  in chapter 372 and rules of the Game and Fresh Water Fish

  2  Commission, may be sold by an aquaculture producer without

  3  restriction so long as product origin can be identified.

  4         (6)  REGISTRATION AND RENEWALS.--

  5         (a)  Each aquaculture producer must apply for an

  6  aquaculture certificate of registration with the department

  7  and submit the appropriate fee. Upon department approval, the

  8  department shall issue the applicant an aquaculture

  9  certificate of registration for a period not to exceed of 1

10  year. Beginning July 1, 1997, and each year thereafter, each

11  aquaculture certificate of registration must be renewed with

12  fee, pursuant to this chapter, on July 1.

13         (c)  Any person who has had an aquaculture certificate

14  of registration revoked or suspended must reapply to the

15  department for certification.

16         Section 11.  Subsection (3) of section 597.0041,

17  Florida Statutes, is amended to read.

18         597.0041  Prohibited acts; penalties.--

19         (3)  Any person certified under this chapter who has

20  been convicted of taking aquaculture species raised at a

21  certified facility shall have his or her certificate license

22  revoked for 5 years by the Department of Agriculture and

23  Consumer Services pursuant to the provisions and procedures of

24  s. 120.60.

25         Section 12.  Section 597.0045, Florida Statutes, is

26  created to read:

27         597.0045  Cultured shellfish theft reward

28  program.--There is created a cultured shellfish theft reward

29  program, to be administered by the department, for the purpose

30  of granting rewards to persons who provide information leading

31  to the arrest and conviction of individuals illegally

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  1  possessing, harvesting, or attempting to harvest cultured

  2  shellfish.

  3         (1)  Each person who provides information leading to

  4  the arrest and conviction of an individual or individuals for

  5  illegally possessing, harvesting, or attempting to harvest

  6  cultured shellfish and for whom the respective state attorney

  7  notifies the department of such assistance, in writing, shall

  8  be eligible for a reward of up to $2,500; except that law

  9  enforcement officers and department personnel, and members of

10  their immediate families, shall not be eligible for rewards

11  under the program. The department shall, by rule, establish a

12  graduated reward payout schedule.

13         (2)  There is established in the General Inspection

14  Trust Fund of the department a Cultured Shellfish Theft Reward

15  Account for deposit of general revenue funds designated for

16  the program and donations received from interested individuals

17  and organizations. Funds in this account shall be used for the

18  sole purpose of granting rewards to persons who provide

19  information leading to the arrest and conviction of

20  individuals illegally possessing, harvesting, or attempting to

21  harvest cultured shellfish. The granting of rewards shall be

22  subject to legislative appropriations to fund the program.

23         (3)  The department may promote the cultured shellfish

24  theft reward program to provide for public recognition of the

25  rewards and to improve compliance with laws prohibiting

26  illegal possession and harvesting of cultured shellfish.

27         Section 13.  If any provision of this act or the

28  application thereof to any person or circumstances is held

29  invalid, the invalidity does not affect other provisions or

30  applications of the act which can be given effect without the

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  1  invalid provision or application, and to this end the

  2  provisions of this act are declared severable.

  3         Section 14.  This act shall take effect July 1, 1999.

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