Senate Bill 1118

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    Florida Senate - 1999                                  SB 1118

    By Senator Laurent





    17-880-99

  1                      A bill to be entitled

  2         An act relating to aquaculture; amending s.

  3         370.027, F.S.; providing that marine

  4         aquaculture products are exempt from Fish and

  5         Wildlife Conservation Commission rules;

  6         amending s. 370.06, F.S.; deleting the

  7         aquaculture of anadromous sturgeon from

  8         licensure; requiring that specific management

  9         practices be incorporated into special activity

10         licenses; amending s. 370.10, F.S.; authorizing

11         the taking of saltwater species for

12         aquacultural purposes; amending s. 370.26,

13         F.S.; redefining the terms "marine product

14         facility" and "marine aquaculture producer";

15         amending s. 372.0025, F.S.; providing for

16         regulatory responsibilities over the Florida

17         Aquaculture Policy Act; amending s. 372.65,

18         F.S.; providing for an exemption; amending s.

19         597.0015, F.S.; redefining the term

20         "aquaculture producers"; amending s. 597.004,

21         F.S.; providing for restrictions on aquaculture

22         certificates; amending s. 597.0041, F.S.;

23         providing for the revocation of certificates;

24         providing an effective date.

25

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

27

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

29  Statutes, 1998 Supplement, is amended to read:

30         370.027  Rulemaking authority with respect to marine

31  life.--

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    Florida Senate - 1999                                  SB 1118
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  1         (4)  Marine aquaculture producers shall be regulated by

  2  the Department of Agriculture and Consumer Services. Marine

  3  aquaculture products produced by a marine aquaculture

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

  5  Fish and Wildlife Conservation Marine Fisheries Commission

  6  resource management rules, with the exception of such rules

  7  governing any fish of the genus Centropomus (snook), the genus

  8  Sciaenops (red drum), or the genus Cynoscion (spotted sea

  9  trout).  Marine Fisheries Commission rules relating to the

10  aquacultural production of red drum and spotted sea trout must

11  be developed and adopted by the commission no later than 1

12  year from October 1, 1996.

13         Section 2.  Paragraphs (b) and (d) of subsection (4) of

14  section 370.06, Florida Statutes, 1998 Supplement, are amended

15  to read:

16         370.06  Licenses.--

17         (4)  SPECIAL ACTIVITY LICENSES.--

18         (b)  The department is authorized to issue special

19  activity licenses in accordance with this section and s.

20  370.31, to permit the importation and, possession, and

21  aquaculture of wild anadromous sturgeon.  The special activity

22  license shall provide for the protection of specific

23  management practices to prevent the release and escape of

24  cultured anadromous sturgeon and to protect indigenous

25  populations of saltwater species.

26         (d)  The conditions and specific management practices

27  established in this section shall may be incorporated into

28  permits and authorizations issued pursuant to chapter 253,

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

30  such provisions is in accordance with the aquaculture permit

31  consolidation procedures. No separate issuance of a special

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    Florida Senate - 1999                                  SB 1118
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  1  activity license is required when conditions and specific

  2  management practices are incorporated into permits or

  3  authorizations under this paragraph. Implementation of this

  4  section to consolidate permitting actions does not constitute

  5  rules within the meaning of s. 120.52.

  6         Section 3.  Subsection (2) of section 370.10, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         370.10  Crustacea, marine animals, fish; regulations;

  9  general provisions.--

10         (2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

11  AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

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

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

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

15  prescribe by rule, any properly accredited person to harvest

16  or possess indigenous or nonindigenous saltwater species for

17  experimental, scientific, education, and exhibition purposes

18  or to harvest or possess reasonable quantities of aquacultural

19  species for brood stock. Such authorizations may allow

20  collection of specimens without regard to, and not limited to,

21  size, seasonal closure, collection method, reproductive state,

22  or bag limit. Authorizations issued under the provisions of

23  this section may be suspended or revoked by the department if

24  it finds that the person has violated this section, department

25  rules or orders, or terms or conditions of the authorization

26  or has submitted false or inaccurate information in his or her

27  application.

28         Section 4.  Paragraphs (a) and (b) of subsection (1) of

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

30  to read:

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    Florida Senate - 1999                                  SB 1118
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  1         370.26  Aquaculture definitions; marine aquaculture

  2  products, producers, and facilities.--

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

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

  5  facility built and operated for the purpose of producing

  6  marine aquaculture products. Marine aquaculture product

  7  facilities contain culture systems such as, but not limited

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

  9  commercial production, propagation, growout, or product

10  enhancement of marine products. Marine aquaculture product

11  facilities specifically do not include:

12         1.  Facilities that maintain marine aquatic organisms

13  exclusively for the purpose of shipping, distribution,

14  marketing, or wholesale and retail sales;

15         2.  Facilities that maintain marine aquatic organisms

16  for noncommercial, education, exhibition, or scientific

17  purposes;

18         3.  Facilities in which the activity does not require

19  an aquaculture certification pursuant to s. 597.004; or

20         4.  Facilities used by marine aquarium hobbyists.

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

22  holding an aquaculture certificate pursuant to s. 597.004 to

23  produce marine aquaculture products for sale.

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

25  Statutes, 1998 Supplement, is amended to read:

26         372.0225  Freshwater organisms.--

27         (2)  The responsibility with which the Division of

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

29  supersede or duplicate the responsibilities of the Department

30  of Agriculture and Consumer Services under chapter 500, the

31  Florida Food Safety Act, chapter 597, the Florida Aquaculture

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    Florida Senate - 1999                                  SB 1118
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  1  Policy Act, and the rules adopted thereunder under that

  2  chapter.

  3         Section 6.  Paragraph (g) of subsection (1) of section

  4  372.65, Florida Statutes, 1998 Supplement, is amended to read:

  5         372.65  Freshwater fish dealer's license.--

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

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

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

  9  nonindigenous fish, until such person has obtained a license

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

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

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

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

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

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

16  identification card issued by the commission.  Such license is

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

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

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

20  officers when such person is found engaging in such business

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

22  permitted under particular licenses are as follows:

23         (g)  Any individual or business issued an aquaculture

24  certificate, pursuant to s. 597.004, shall be exempt from the

25  requirements of this chapter with respect to aquaculture

26  products authorized under such certificate. The commission is

27  authorized to require that cultured game fish sold be tagged

28  and to assess a fee of not more than 5 cents for each tag,

29  which shall be furnished by the commission.

30         Section 7.  Subsection (2) of section 597.0015, Florida

31  Statutes, is amended to read:

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    Florida Senate - 1999                                  SB 1118
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  1         597.0015  Definitions.--For purposes of this chapter,

  2  the following terms shall have the following meanings:

  3         (2)  "Aquaculture producers" means those persons

  4  engaging in the production and sale of aquaculture products

  5  and certified under s. 597.004.

  6         Section 8.  Paragraph (h) of subsection (2), subsection

  7  (4), paragraph (a) of subsection (5), and subsection (6) of

  8  section 597.004, Florida Statutes, 1998 Supplement, are

  9  amended to read:

10         597.004  Aquaculture certificate of registration.--

11         (2)  NONSHELLFISH CERTIFICATION.--

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. This chapter does not

16  supercede the authority under chapter 372, chapter 373, or

17  chapter 403 to regulate alligator farms and alligator farmers.

18         (4)  IDENTIFICATION OF AQUACULTURE

19  PRODUCTS.--Aquaculture products shall be identified while

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

21  subsection, except those subject to the requirements of

22  chapter 372 and the rules of the Fish and Wildlife

23  Conservation Game and Fresh Water Fish Commission as they

24  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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    Florida Senate - 1999                                  SB 1118
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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  restricted freshwater species identified by snook, spotted sea

13  trout, red drum, and freshwater aquatic species identified in

14  chapter 372 and rules of the Fish and Wildlife Conservation

15  Game and Fresh Water Fish Commission, may be sold 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         (b)  The department shall send notices of registration

27  to all aquaculture producers of record requiring them to

28  register for an aquaculture certificate. Renewal notices shall

29  be sent to the registrant 60 days preceding the termination

30  date of the certificate of registration.  Prior to the

31  termination date, the registrant must return a completed

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  1  renewal form with fee, pursuant to this chapter, to the

  2  department.

  3         (c)  Any person whose certificate of registration has

  4  been revoked or suspended must reapply to the department for

  5  certification.

  6         Section 9.  Subsection (3) of section 597.0041, Florida

  7  Statutes, is amended to read:

  8         597.0041  Prohibited acts; penalties.--

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

10  been convicted of taking aquaculture species raised at a

11  certified facility shall have his or her certificate license

12  revoked for 5 years by the Department of Agriculture and

13  Consumer Services pursuant to the provisions and procedures of

14  s. 120.60.

15         Section 10.  This act shall take effect July 1, 1999.

16

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18                          SENATE SUMMARY

19    Exempts marine aquaculture products from Fish and
      Wildlife Conservation Commission rules. Deletes the
20    aquaculture of anadromous sturgeon from special activity
      licenses. Requires that conditions and specific
21    management practices be.incorporated into special
      activity permits. Authorizes the taking of saltwater
22    species for aquacultural purposes. Redefines specific
      terms relating to aquaculture. Clarifies regulatory
23    responsibility over the Florida Aquaculture Policy Act.
      Provides for restrictions on and revocation of
24    aquaculture certificates.

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