Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-23 - RULES RELATING TO FRESHWATER FISH
Section 68A-23.088 - Regulations Governing Grass Carp

(a) Grass carp, other than triploid grass carp, held outdoors may only be held in a water body that has the lowest point of the top edge of its levee, dike or bank or tank at an elevation of at least one foot above the 100-year flood elevation determined by reference to elevation maps issued by the National Flood Insurance Program, U.S. Department of Housing and Urban Development. Such water body shall have no water discharge. Such water body shall be inaccessible to the public at all times by being securely enclosed by fences with locked gates or by the presence of the permittee or his agents guarding such water body and forbidding public access to such water body.

(b) Grass carp, other than triploid grass carp, held indoors may only be held in a container or tank having no water discharge or having a water discharge through a closed drain system that terminates in a dry-bed, waste-water pond. Such dry-bed, waste-water pond shall not be contiguous to any natural water body nor discharge its waters to any other water body at any time.

(c) Grass carp, other than triploid grass carp, may not be possessed in any number exceeding the number authorized by the permit. Grass carp, other than triploid grass carp, that are produced as a by-product in the production of triploid grass carp shall be destroyed, unless such grass carp that are produced as by-product do not cause the permittee to exceed the number of grass carp, other than triploid grass carp, that the permittee is authorized to possess by permit.

(a) Triploid grass carp may be held outdoors only in a water body upon which is placed a structure installed in such a manner as to prevent escape of the triploid grass carp from the water body, or in a water body having a natural configuration that forecloses escape of such triploid grass carp. Such structure or configuration shall be maintained by the permittee as long as triploid grass carp remain in the water body.

(b) No person shall sell or otherwise transfer any triploid grass carp, except as authorized by permit from the Commission in addition to any license required for such transfer or sale by Section 379.363, F.S. No person shall sell or otherwise transfer any triploid grass carp unless the recipient of such grass carp has a permit as provided by this section. A copy of such recipient's permit shall be maintained in the transferor's records for a period of one year following such transfer and made available for inspection upon request of the Commission. Any grass carp sold or otherwise transferred shall be certified as triploid grass carp as provided in Rule 68A-1.004, F.A.C. prior to such sale or transfer or prior to transporting such grass carp for such sale or transfer. The transferor shall furnish to the Commission a report within 30 days following each calendar quarter indicating the transferor's permit number; the name, address and permit number of each recipient of such triploid grass carp; the date of each sale or other transfer; and the number of triploid grass carp sold or transferred, for each sale or other transfer made during the calendar quarter.

(c) No person shall transport any triploid grass carp without having a copy of the Commission permit authorizing such transportation accompanying the shipment of triploid grass carp, and without such shipment containing only triploid grass carp, certified as provided in Rule 68A-1.004, F.A.C., and the certificate shall accompany such shipment of triploid grass carp.

(d) The Commission may deny an application for a permit to stock triploid grass carp in any water body, other than a private pond, if such proposed stocking is inconsistent with the principal or planned use of the water body, the optimum sustained use by the public of the water body's living aquatic resources, or sound biological management principles.

(e) Notwithstanding the provisions of paragraph (3)(d), of this section, the Commission may grant an application for a research permit to possess or stock triploid grass carp for legitimate research purposes, subject to the following: