Current through Reg. 50, No. 187; September 24, 2024
(1) No person shall sell, purchase, attempt
to purchase or sell, or transport any freshwater game fish unless otherwise
authorized by specific rule of the Commission. Any person transporting game
fish in excess of legal possession limits shall possess documentation that said
fish have been acquired legally and are being legally transported.
(a) Holders of valid fishing licenses or
persons exempt from such licenses may transport their legal possession
limit.
(b) No common carrier shall
knowingly transport or receive for transportation any freshwater game fish
unless such shipment is accompanied by a bill of lading showing the name of the
shipper, aquaculture certificate of registration number issued by the
Department of Agriculture and Consumer Services if an aquaculture product,
total weight of or quantity of each species of fish shipped, and the date of
the shipment.
(c) The importation
into or transportation within the state of any live Micropterus species is
prohibited, except Micropterus salmoides floridanus that meet
Florida Fish and Wildlife Conservation Commission's Genetic Authentication
Standards listed in subsection (2) of this rule. Recreational anglers may
transport their legally caught bag limit for personal use, which does not
include the release of their catch into another waterbody. Micropterus
salmoides floridanus may be imported into or transported within this
state under a FWC import and transport permit, or a permit issued pursuant to
Rule 68-5.005 or
68A-9.002, F.A.C. An import and
transport permit application may be found at
Myfwc.com/fl-lmb-genetic-authentication.
(d) Persons authorized to possess, import and
transport Micropterus salmoides floridanus shall collect and
provide samples of stock in the presence of Commission personnel upon
request.
(e)
Micropterus species being transported in Florida must be
accompanied with documentation providing the date of the shipment, total weight
or quantity of each species of Micropterus shipped,
Micropterus salmoides floridanus Genetic Authentication
documentation if transporting live Micropterus, appropriate
bill of lading showing the name of the shipper, Aquaculture Certificate of
Registration number issued by the Department of Agriculture and Consumer
Services or an FWC import and transport permit, except as permitted pursuant to
Rule 68-5.005 or
68A-9.002, F.A.C. These
documents must be available for immediate inspection upon request by Commission
personnel.
(2) Persons
possessing a valid aquaculture certificate of registration from the Department
of Agriculture and Consumer Services as required in Section
597.004, F.S.:
(a) May sell and transport live game fish
produced in private ponds or private hatcheries as brood stock, to stock
private ponds, or for aquarium display.
(b) May sell game fish commonly called
panfish as defined in Rule
68A-1.004, F.A.C., as bait
provided the fish are four inches or less in total length.
(c) May import, transport, culture and sell
as food fish, game fish as defined in Rules
68A-1.004(33)(b)
-(g), and Micropterus salmoides floridanus.
(d) Must confirm genetics of
Micropterus salmoides floridanus in a manner consistent with
Florida Fish and Wildlife Conservation Commission's Genetic Authentication
Standards of
Micropterus salmoides floridanus
(Myfwc.com/fl-lmb-genetic-authentication), which is adopted and incorporated
herein by reference at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14143
effective March 2022. Documentation of genetic authentication must be
maintained and available for immediate inspection upon request by Commission
personnel.
(3) Freshwater
non-game fish may be taken and sold as provided by law and these
rules.
(4) No person shall sell or
possess for the purpose of sale any freshwater fish without having in his
possession a bill of sale or other documentary evidence showing the name and
address of the supplier of any such fish.
(5) The foregoing shall not prohibit the sale
or purchase of mounted specimens of lawfully taken freshwater fish.
(6) Any person transporting fish or frogs for
a holder of any commercial license issued under provisions of Section
379.363, F.S., shall be in
possession of documentation that such license has been issued and is
valid.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla. Const.,
379.363
FS.
New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-23.09,
Amended 9-30-86, 4-11-90, 6-20-90, 4-12-98, Formerly 39-23.009, Amended 7-1-05,
5-15-22.
