Senate Bill 1118c1

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    Florida Senate - 1999                           CS for SB 1118

    By the Committee on Natural Resources and Senators Laurent and
    Kirkpatrick




    312-1945A-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 resource

  6         management rules, except for snook; amending s.

  7         370.06, F.S.; authorizing the Fish and Wildlife

  8         Conservation Commission to issue special

  9         activity permits for importation and possession

10         of sturgeon; requiring that specific management

11         practices be incorporated into special activity

12         licenses; amending s. 370.081, F.S.;

13         authorizing aquaculture producers to import and

14         possess sturgeon; amending s. 370.10, F.S.;

15         authorizing the taking of saltwater species for

16         aquacultural purposes; amending s. 370.1107,

17         F.S.; making it unlawful to interfere with live

18         bait traps; amending s. 370.26, F.S.;

19         redefining the terms "marine product facility"

20         and "marine aquaculture producer"; amending s.

21         370.31, F.S.; providing responsibilities for

22         the Sturgeon Production Working Group; amending

23         s. 372.0025, F.S.; providing for regulatory

24         responsibilities over the Florida Aquaculture

25         Policy Act; amending s. 372.65, F.S.; providing

26         for an exemption; amending s. 597.0015, F.S.;

27         redefining the term "aquaculture producers";

28         amending s. 597.004, F.S.; providing for

29         restrictions on aquaculture certificates;

30         amending s. 597.0041, F.S.; providing for the

31         revocation of certificates; creating s.

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  1         597.0045, F.S.; providing a cultured shellfish

  2         theft reward program; providing for

  3         administration; providing a severability

  4         clause; providing an effective 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. The Fish

14  and Wildlife Conservation Commission shall adopt rules, by

15  March 1, 2000, to regulate the sale of farmed red drum and

16  spotted sea trout. These rules shall specifically provide for

17  the protection of the wild resource, without restricting a

18  certified aquaculture producer pursuant to s. 597.004 from

19  being able to sell farmed fish. To that extent, these rules

20  must only require that farmed fish be kept separate from wild

21  fish and be fed commercial feed, that farmed fish be placed in

22  sealed containers, that these sealed containers must have the

23  name, address, telephone number and aquaculture certificate

24  number, issued pursuant to s. 597.004, of the farmer clearly

25  and indelibly placed on the container, and that this

26  information must accompany the fish to the ultimate point of

27  sale. Marine aquaculture products produced by a marine

28  aquaculture producer, certified pursuant to s. 597.004, are

29  exempt from Fish and Wildlife Conservation Marine Fisheries

30  Commission resource management rules, with the exception of

31  such rules governing any fish of the genus Centropomus

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  1  (snook), the genus Sciaenops (red drum), or the genus

  2  Cynoscion (spotted sea trout).  Marine Fisheries Commission

  3  rules relating to the aquacultural production of red drum and

  4  spotted sea trout must be developed and adopted by the

  5  commission no later than 1 year from October 1, 1996. By July

  6  1, 2000, the Fish and Wildlife Conservation Commission shall

  7  develop procedures to allow persons possessing a valid

  8  aquaculture certificate of registration to sell and transport

  9  live snook produced in private ponds or private hatcheries as

10  brood stock, to stock private ponds, or for aquarium display

11  consistent with the provisions of Rule 39-23.009, Florida

12  Administrative Code.

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 Fish and Wildlife Conservation Commission

19  department is authorized to issue special activity licenses in

20  accordance with this section and s. 370.31, to permit the

21  importation and, possession, and aquaculture of wild

22  anadromous sturgeon. The commission is also authorized to

23  issue special activity licenses, in accordance with this

24  section and s. 370.31, to permit the importation, possession,

25  and aquaculture of native and nonnative anadromous sturgeon

26  until best-management practices are implemented for the

27  cultivation of anadromous sturgeon pursuant to s. 597.004. The

28  special activity license shall provide for specific management

29  practices to prevent the release and escape of cultured

30  anadromous sturgeon and to protect indigenous populations of

31  saltwater species.

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  1         (d)  The conditions and specific management practices

  2  established in this section shall may be incorporated into

  3  permits and authorizations issued pursuant to chapter 253,

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

  5  such provisions is in accordance with the aquaculture permit

  6  consolidation procedures. No separate issuance of a special

  7  activity license is required when conditions and specific

  8  management practices are incorporated into permits or

  9  authorizations under this paragraph. Implementation of this

10  section to consolidate permitting actions does not constitute

11  rules within the meaning of s. 120.52.

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

13  Florida Statutes, 1998 Supplement, to read:

14         370.081  Illegal importation or possession of

15  nonindigenous marine plants and animals; rules and

16  regulations.--

17         (6)  Aquaculture producers certified pursuant to s.

18  597.004 may import and possess nonindigenous marine plants and

19  marine animals, except those specifically listed in subsection

20  (2) or prohibited by rule of the Fish and Wildlife

21  Conservation Commission.

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

23  Statutes, 1998 Supplement, is amended to read:

24         370.10  Crustacea, marine animals, fish; regulations;

25  general provisions.--

26         (2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

27  AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

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

29  special law to the contrary, the Fish and Wildlife

30  Conservation Commission department may authorize, upon such

31  terms, conditions, and restrictions as it may prescribe by

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  1  rule, any properly accredited person to harvest or possess

  2  indigenous or nonindigenous saltwater species for

  3  experimental, scientific, education, and exhibition purposes

  4  or to harvest or possess reasonable quantities of aquacultural

  5  species for brood stock. Such authorizations may allow

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

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

  8  or bag limit. Authorizations issued under the provisions of

  9  this section may be suspended or revoked by the Fish and

10  Wildlife Conservation Commission department if it finds that

11  the person has violated this section, Fish and Wildlife

12  Conservation Commission department rules or orders, or terms

13  or conditions of the authorization or has submitted false or

14  inaccurate information in his or her application.

15         Section 5.  Present subsections (3) and (4) of section

16  370.1107, Florida Statutes, are renumbered as subsections (4)

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

18  that section to read:

19         370.1107  Definition; possession of certain licensed

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

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

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

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

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

25  association. Unlawful possession of one or more live bait

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

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

28         Section 6.  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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  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 7.  Section 370.31, Florida Statutes, is

25  amended to read:

26         370.31  Commercial production of sturgeon.--

27         (1)  INTENT.--The Legislature finds and declares that

28  there is a need to encourage the continuation and advancement

29  of work being done on aquaculture sturgeon production in

30  keeping with the state's legislative public policy regarding

31  aquaculture provided in chapter 597.  It also finds that it is

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  1  in the state's economic interest to promote the commercial

  2  production and stock enhancement of sturgeon.  It is therefore

  3  the intent of the Legislature to hereby create a Sturgeon

  4  Production Working Group.

  5         (2)  CREATION.--The Sturgeon Production Working Group

  6  is created within the Department of Environmental Protection

  7  and shall be composed of six members as follows:

  8         (a)  The head of the sturgeon research program or

  9  designee from the University of Florida, Institute of Food and

10  Agricultural Sciences.  Such member shall be appointed by the

11  University of Florida's Vice President for Agricultural

12  Affairs.

13         (b)  One representative from the Department of

14  Environmental Protection to be appointed by the Secretary of

15  Environmental Protection.

16         (c)  One representative from the Fish and Wildlife

17  Conservation Game and Fresh Water Fish Commission to be

18  appointed by the executive director of the Fish and Wildlife

19  Conservation Game and Fresh Water Fish Commission.

20         (d)  One representative from the Department of

21  Agriculture and Consumer Services to be appointed by the

22  Commissioner of Agriculture.

23         (e)  Two representatives from the aquaculture industry

24  to be appointed by the Aquaculture Review Council.

25         (3)  MEETINGS; PROCEDURES; RECORDS.--The working group

26  shall meet at least twice a year and elect, by a quorum, a

27  chair, vice chair, and secretary. However, the working group

28  shall call its first meeting within 1 month after October 1,

29  1996.

30         (a)  The chair of the working group shall preside at

31  all meetings and shall call a meeting as often as necessary to

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  1  carry out the provisions of this section.  To call a meeting,

  2  the chair shall solicit an agreement to meet from at least two

  3  other working group members and then notify any remaining

  4  members of the meeting.

  5         (b)  The secretary shall keep a complete record of the

  6  proceedings of each meeting, which includes the names of the

  7  members present at each meeting and the actions taken.  Such

  8  records shall be kept on file with the Department of

  9  Environmental Protection with copies filed with the Department

10  of Fisheries and Aquatic Sciences Aquatics at the University

11  of Florida.  The records shall be public records pursuant to

12  chapter 119.

13         (c)  A quorum shall consist of one representative from

14  the Department of Environmental Protection, one representative

15  from the Institute of Food and Agricultural Sciences, and at

16  least two other members.

17         (4)  PURPOSE AND RESPONSIBILITIES.--The purpose of the

18  Sturgeon Production Working Group is to coordinate the

19  implementation of establish a state sturgeon production

20  management plan aquaculture program to promote the commercial

21  production and stock enhancement of sturgeon in Florida.  In

22  carrying out this purpose, the working group shall:

23         (a)  Establish a state sturgeon production management

24  plan aquaculture program to inform public or private

25  interested parties of how to aquaculturally produce sturgeon

26  for commercial purposes and for stock enhancement.  The

27  sturgeon production management plan program shall:

28         1.  Provide the regulatory policies for the commercial

29  production of Determine how sturgeon can be produced

30  commercially for its meat and roe, including a strategy for

31

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  1  obtaining the required permits, licenses, authorizations, or

  2  certificates in the state.

  3         2.  Provide the management practices for culturing

  4  sturgeon and ensure that aquacultural development does not

  5  impede the recovery and conservation of wild sturgeon

  6  populations.

  7         3.  Establish priorities for research needed to support

  8  the commercial production of sturgeon and the recovery of

  9  native stocks in the state.

10         (b)  Support management strategies to permit the

11  commercial production of native and nonnative sturgeon,

12  including the distribution of captive-bred Gulf sturgeon to

13  approved certified aquaculture facilities.

14         (c)  Support the development of a cooperative sturgeon

15  conservation program to coordinate conservation, habitat, and

16  resource management programs for native sturgeon, including an

17  evaluation of how stock enhancement can facilitate the

18  conservation and recovery of native sturgeon populations.

19         (d)  Seek federal cooperation to implement the sturgeon

20  production management plan, including federal designation of

21  captive-bred sturgeon as distinct population segments to

22  distinguish cultivated stocks from wild native populations.

23         (e)  Develop enforcement guidelines to ensure continued

24  protection of wild native sturgeon populations.

25         (f)  In furtherance of the purposes and

26  responsibilities of the Sturgeon Production Working Group, the

27  state shall:

28         1.  Establish a program to coordinate conservation and

29  aquaculture activities for native sturgeon.

30         2.  Develop a conservation plan for native sturgeon.

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  1         3.  Initiate the process to petition for delisting

  2  captive-bred shortnose sturgeon.

  3         4.  Initiate the process to petition for delisting

  4  captive-bred Gulf sturgeon.

  5         (g)  Establish a sturgeon broodstock committee composed

  6  of fishery scientists, fish farmers, and agency

  7  representatives to manage the taking of wild sturgeon for

  8  brood fish and spawning.

  9         (h)  Establish the Cooperative Broodstock Development

10  and Husbandry Board composed of fishery scientists, fish

11  farmers, and agency representatives to establish standards and

12  criteria for the management and maintenance of captive-reared

13  sturgeon, to collect biological data, and to administer the

14  Cooperative Broodstock Development and Husbandry Program.

15         2.  Determine how sturgeon can be used for stock

16  enhancement in areas designated by the Department of

17  Environmental Protection in consultation with the Sturgeon

18  Production Working Group. 

19         (b)  Seek federal help and cooperation in obtaining the

20  appropriate permits to establish the state sturgeon

21  aquaculture program.

22         (c)  Prepare a state sturgeon production and stock

23  enhancement plan to implement the state sturgeon aquaculture

24  program.  The plan shall include, but not be limited to, the

25  following:

26         1.  Research needed to support the commercial

27  production of sturgeon for meat and roe and stock enhancement

28  in the state.

29         2.  Studies needed to determine the economic impact on

30  the state and the best marketing strategies for producing

31  sturgeon for its meat and roe.

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  1         3.  Permits and other requirements currently needed to

  2  commercially produce sturgeon and enhance sturgeon stock in

  3  the state and a strategy for obtaining such permits or

  4  requirements.

  5         4.  The timetable for implementation and completion of

  6  the plan's components.

  7         5.  The implementation date for the state sturgeon

  8  aquaculture program.

  9         (d)  Prepare a report to be submitted within 1 year

10  after October 1, 1996, to the Governor, the President of the

11  Senate, the Speaker of the House of Representatives, and the

12  chairs of the legislative ways and means, appropriations, and

13  agriculture committees.  This report shall include, but not be

14  limited to:

15         1.  The status of the state sturgeon aquaculture

16  program.

17         2.  The status of the state sturgeon production and

18  stock enhancement plan.

19         3.  Other Florida public or private agencies, if any,

20  doing research on sturgeon production.

21         4.  Any recommendations necessary to carry out the

22  purpose of this section.

23         Section 8.  Subsection (2) of section 372.0225, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         372.0225  Freshwater organisms.--

26         (2)  The responsibility with which the Division of

27  Freshwater Fisheries is charged under subsection (1) shall in

28  no way supersede or duplicate the responsibilities of the

29  Department of Agriculture and Consumer Services under chapter

30  500, the Florida Food Safety Act, chapter 597, the Florida

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  1  Aquaculture Policy Act, and the rules adopted thereunder under

  2  that chapter.

  3         Section 9.  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 10.  Subsection (2) of section 597.0015,

31  Florida Statutes, is amended to read:

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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 11.  Paragraphs (b), (c), (d), and (h) of

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

  8  (5), and subsection (6) of section 597.004, Florida Statutes,

  9  1998 Supplement, are amended to read:

10         597.004  Aquaculture certificate of registration.--

11         (2)  NONSHELLFISH CERTIFICATION.--

12         (b)  The department, in consultation with the

13  Department of Environmental Protection, the water management

14  districts, environmental groups, and representatives from the

15  affected farming groups, shall adopt rules to:

16         1.  Specify the requirement of best-management

17  practices to be implemented by holders of aquaculture

18  certificates of registration property owners and leaseholders.

19         2.  Establish procedures for holders of aquaculture

20  certificates of registration property owners and leaseholders

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

22  practices.

23         3.  Establish schedules for implementation of

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

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

26  measures may include the continuation of regulatory

27  requirements in effect on June 30, 1998.

28         4.  Establish a system to assure the implementation of

29  best-management practices, including recordkeeping

30  requirements.

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  1         Rules adopted pursuant to this subsection shall become

  2  effective pursuant to the applicable provisions of chapter

  3  120, but must be submitted to the President of the Senate and

  4  the Speaker of the House of Representatives for review by the

  5  Legislature.  The rules shall be referred to the appropriate

  6  committees of substance and scheduled for review during the

  7  first available regular session following adoption.  Except as

  8  otherwise provided by operation of law, such rules shall

  9  remain in effect until rejected or modified by act of the

10  Legislature.

11         (c)  Notwithstanding any provision of law, the

12  Department of Environmental Protection is not authorized to

13  institute proceedings against any person certified under this

14  section to recover any costs or damages associated with

15  contamination of groundwater or surface water, or the

16  evaluation, assessment, or remediation of contamination of

17  groundwater or surface water, including sampling, analysis,

18  and restoration of potable water supplies, where the

19  contamination of groundwater or surface water is determined to

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

21  an aquaculture certificate of registration property owner or

22  leaseholder:

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

24  implement applicable best-management practices adopted by the

25  department;

26         2.  Implements applicable best-management practices as

27  soon as practicable according to rules adopted by the

28  department; and

29         3.  Implements practicable interim measures identified

30  and adopted by the department which can be implemented

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

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

  2  groundwater and surface water standards if the holder of an

  3  aquaculture certificate of registration property owner or

  4  leaseholder implements best-management practices that have

  5  been verified by the Department of Environmental Protection to

  6  be effective at representative sites and complies with the

  7  following:

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

  9  implement applicable best-management practices adopted by the

10  department;

11         2.  Implements applicable best-management practices as

12  soon as practicable according to rules adopted by the

13  department; and

14         3.  Implements practicable interim measures identified

15  and adopted by the department which can be implemented

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

17         (h)  Any alligator producer with an alligator farming

18  license and permit to establish and operate an alligator farm

19  shall be issued an aquaculture certificate of registration

20  pursuant to subsection (1) above. This chapter does not

21  supersede the authority under chapter 372, chapter 373, or

22  chapter 403 to regulate alligator farms and alligator farmers.

23         (4)  IDENTIFICATION OF AQUACULTURE

24  PRODUCTS.--Aquaculture products shall be identified while

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

26  subsection, except those subject to the requirements of

27  chapter 372 and the rules of the Fish and Wildlife

28  Conservation Game and Fresh Water Fish Commission as they

29  relate to alligators only.

30         (a)  Aquaculture products shall be identified by an

31  aquaculture certificate of registration number from harvest to

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  1  point of sale.  Any person who possesses aquaculture products

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

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

  4         (b)  Marine aquaculture products shall be transported

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

  6  shall be identified by tags or labels that are securely

  7  attached and clearly displayed.

  8         (c)  Each aquaculture registrant who sells food

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

10  such products containerized and clearly labeled in accordance

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

12  address, and aquaculture certification number.  This

13  requirement is designed to segregate the identity of wild and

14  aquaculture products.

15         (5)  SALE OF AQUACULTURE PRODUCTS.--

16         (a)  Aquaculture products, except shellfish, snook, and

17  any fish of the genus Micropterus, and prohibited and

18  restricted freshwater and marine species identified by snook,

19  spotted sea trout, red drum, and freshwater aquatic species

20  identified in chapter 372 and rules of the Fish and Wildlife

21  Conservation Game and Fresh Water Fish Commission, may be sold

22  by an aquaculture producer certified pursuant to s. 597.004

23  without restriction so long as product origin can be

24  identified.

25         (6)  REGISTRATION AND RENEWALS.--

26         (a)  Each aquaculture producer must apply for an

27  aquaculture certificate of registration with the department

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

29  department shall issue the applicant an aquaculture

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

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

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    Florida Senate - 1999                           CS for SB 1118
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  1  aquaculture certificate of registration must be renewed with

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

  3         (b)  The department shall send notices of registration

  4  to all aquaculture producers of record requiring them to

  5  register for an aquaculture certificate. Renewal notices shall

  6  be sent to the registrant 60 days preceding the termination

  7  date of the certificate of registration.  Prior to the

  8  termination date, the registrant must return a completed

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

10  department.

11         (c)  Any person whose certificate of registration has

12  been revoked or suspended must reapply to the department for

13  certification.

14         Section 12.  Subsection (3) of section 597.0041,

15  Florida Statutes, is amended to read:

16         597.0041  Prohibited acts; penalties.--

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

18  been convicted of taking aquaculture species raised at a

19  certified facility shall have his or her certificate license

20  revoked for 5 years by the Department of Agriculture and

21  Consumer Services pursuant to the provisions and procedures of

22  s. 120.60.

23         Section 13.  Section 597.0045, Florida Statutes, is

24  created to read:

25         597.0045  Cultured shellfish theft reward

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

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

28  of granting rewards to persons who provide information leading

29  to the arrest and conviction of individuals illegally

30  possessing, harvesting, or attempting to harvest cultured

31  shellfish.

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    Florida Senate - 1999                           CS for SB 1118
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  1         (1)  Each person who provides information leading to

  2  the arrest and conviction of an individual or individuals for

  3  illegally possessing, harvesting, or attempting to harvest

  4  cultured shellfish and for whom the respective state attorney

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

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

  7  enforcement officers and department personnel, and members of

  8  their immediate families, shall not be eligible for rewards

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

10  graduated reward payout schedule.

11         (2)  The General Inspection Trust Fund of the

12  department may be used for the cultured shellfish theft reward

13  program, for deposit of general revenue funds and donations

14  received from interested individuals, and for granting rewards

15  to persons who provide information leading to the arrest and

16  conviction of persons illegally possessing, harvesting, or

17  attempting to harvest cultured shellfish. The granting of

18  rewards shall be subject to legislative appropriations to fund

19  the program.

20         (3)  The department may promote the cultured shellfish

21  theft reward program to provide for public recognition of the

22  rewards and to improve compliance with laws prohibiting

23  illegal possession and harvesting of cultured shellfish.

24         Section 14.  If any provision of this act or the

25  application thereof to any person or circumstances is held

26  invalid, the invalidity does not affect other provisions or

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

28  invalid provision or application, and to this end the

29  provisions of this act are declared severable.

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

31

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    Florida Senate - 1999                           CS for SB 1118
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1118

  3

  4  The Fish and Wildlife Conservation Commission shall promulgate
    rules by March 1, 2000 to regulate the sale of farmed red drum
  5  and spotted sea trout. These rules shall specifically provide
    for the protection of the wild resource, without restricting a
  6  certified aquaculture producer pursuant to s. 597.004, from
    being able to sell farmed fish. To that extent, these rules
  7  must only require that farmed fish be kept separate from wild
    fish, be fed commercial feed, that farmed fish be placed in
  8  sealed containers, that these sealed containers must have the
    same address, telephone number, and aquaculture certificate
  9  number, issued pursuant to s. 597.004, of the farmer clearly
    and indelibly placed on the container, and that this
10  information must accompany the fish to the ultimate point of
    sale.
11
    By July 1, 2000 the Fish and Wildlife Conservation Commission
12  shall develop procedures to allow persons possessing a valid
    aquaculture certificate of registration to sell and transport
13  live snook produced in private ponds or private hatcheries as
    brood stock to stock private ponds, or for aquarium display
14  consistent with the provisions of rule 39-23.009, F.A.C.

15  The commission is authorized to issue special activity
    licenses in accordance with this section and s. 370.31, to
16  permit the importation, possession, and aquaculture of native
    and non-native anadromous sturgeon until best management
17  practices are implemented for the cultivation of anadromous
    sturgeon pursuant to chapter 597.004.
18
    It is unlawful for any person, firm, or corporation to
19  possess, attempt to possess, interfere with or remove live
    bait from a live bait trap. Such a violation is a misdemeanor
20  of the first degree and punishable as provided in s. 773.082
    or s. 775.083.
21
    Responsibilities of the Sturgeon Production Working Group are
22  extensively rewritten. Among these responsibilities is the
    establishment of the Cooperative Broodstock Development and
23  Husbandry Board composed of fishery scientists, fish farmers,
    and agency representatives to establish standards and criteria
24  for the management and maintenance of captive-reared sturgeon
    to collect biological data, and to administer the program.
25
    A Cultured Shellfish Theft Reward Program is established in
26  the Department of Agriculture and Consumer Services for the
    purpose of granting rewards to persons who provide information
27  leading to the arrest and conviction of individuals illegally
    possessing, harvesting, or attempting to harvest cultured
28  shellfish.

29

30

31

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