Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-42 - MARINE LIFE › Section 68B-42.009 - Prohibition on the Taking, Destruction, or Sale of Marine Corals Sea Fans, and Non-erect, Encrusting Octocorals; Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection (2), no
				person shall take, attempt to take, or otherwise destroy, or sell, or attempt
				to sell, any sea fan of the species
Gorgonia flabellum
or of
				the species
Gorgonia ventalina
, or any hard or stony coral
				(Order Scleractinia), any black coral (Order Antipatharia), or any fire coral
				(Genus
Millepora
). No person shall possess any such fresh,
				uncleaned, or uncured sea fan, hard or stony coral, black coral, or fire coral.
				No person shall harvest or possess any non-erect, encrusting species of the
				Subclass Octocorallia within or without state waters.
(2) Subsection (1), shall not apply to:
(a) Any sea fan, hard or stony coral, fire
				coral, or non-erect, encrusting specifies of the Subclass Octocorallia legally
				harvested outside of state waters or federal Exclusive Economic Zone (EEZ)
				waters adjacent to state waters and entering Florida in interstate or
				international commerce. The burden shall be upon any person possessing such
				species to establish the chain of possession from the initial transaction after
				harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and
				any customs receipts, and to show that such species originated from a point
				outside the waters of the State of Florida or federal Exclusive Economic Zone
				(EEZ) adjacent to state waters and entered the state in interstate or
				international commerce. Failure to maintain such documentation or to promptly
				produce same at the request of any duly authorized law enforcement officer
				shall constitute a violation of this rule.
(b) Any sea fan, hard or stony coral, fire
				coral, or non-erect, encrusting species of the Subclass Octocorallia harvested
				and possessed pursuant to the aquacultured live rock provisions of paragraph
				68B-42.008(3)(a),
				F.A.C., Chapter 597, F.S., or pursuant to a Live Rock Aquaculture Permit issued
				by the National Marine Fisheries Service under
				50 C.F.R. Section
				622.41(a), and meeting the
				following requirements:
1. Persons possessing
				these species in or on the waters of the state shall also possess a state
				submerged lands lease for live rock aquaculture and an Aquaculture Certificate
				of Registration issued pursuant to Chapter 5L-3, F.A.C., or a federal Live Rock
				Aquaculture Permit and an Aquaculture Certificate of Registration issued
				pursuant to Chapter 5L-3, F.A.C. If the person possessing these species is not
				the person named in the documents required herein, then the person in such
				possession shall also possess written permission from the person so named to
				transport aquacultured live rock pursuant to this exception.
2. The nearest office of the Fish and
				Wildlife Conservation Commission, Division of Law Enforcement shall be notified
				at least 24 hours in advance of any transport in or on state waters of
				aquacultured live rock pursuant to this exception.
3. Persons possessing these species off the
				water shall maintain and produce upon the request of any duly authorized law
				enforcement officer sufficient documentation to establish the chain of
				possession from harvest on a state submerged land lease for live rock
				aquaculture or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a
				federal Live Rock Aquaculture Permit.
4. Any sea fan, hard or stony coral, fire
				coral, or non-erect, encrusting species of the Subclass Octocorallia harvested
				pursuant to paragraph
				68B-42.008(3)(a),
				F.A.C., shall remain attached to the cultured
				rock.