68B-8.003. General Conditions and Restrictions

(1) An SAL or ASCC is not transferable. (2) Law Enforcement Notification – A license holder must provide notice to the Commission’s Division of Law Enforcement of their intent to conduct activities authorized by an SAL or ASCC no less than 24 hours prior to conducting such activities. The content and submission of such notice shall be made in the manner prescribed on the license holder’s SAL or ASCC. (3) Release of Marine Organisms – No marine organism that has been maintained in captivity shall be released unless the release is authorized by an SAL or ASCC. The Commission may include license conditions or restrictions under an SAL or ASCC related to the release of marine organisms as appropriate to the licensed activity. (4) Transferability of Marine Organisms – (a) The commission may include license conditions or restrictions under an SAL or ASCC related to the transfer or loan of marine organisms as appropriate to the licensed activity. (b) A marine organism authorized for sale under subsection 68B-8.003(6), F.A.C., is not eligible for a transfer or loan. (c) Any giant manta ray (Mobula birostris) or queen conch (Aliger gigas) authorized for collection under a license issued pursuant to subsection 68B-8.007(5), F.A.C., is not eligible for transfer or loan. (5) Possession of Marine Organisms After Expiration of an SAL or ASCC – The Commission recognizes that a marine organism harvested, possessed, or produced pursuant to an SAL or ASCC may need to be retained for a period of time that extends beyond the expiration date of the SAL or ASCC issued for the harvest or possession of such marine organism. For this purpose, the following conditions must be met for marine organisms collected or possessed pursuant to the SAL or ASCC to be legally possessed beyond the expiration of the SAL or ASCC: (a) All documentation required for reporting must be submitted to the Commission within 30 days after expiration of the SAL. (b) The SAL or ASCC, or a copy thereof, that authorized the harvest or possession of the marine organism must be promptly produced at the request of the Commission or an authorized law enforcement officer. (6) Sale of Marine Organisms – A marine organism harvested pursuant to an SAL or ASCC shall not be sold unless it was harvested pursuant to a Gear Innovation SAL, Governmental Purpose SAL, Snook SAL, Marine Chemical SAL, or a Nonprofit Corporation SAL, and the sale is conducted in accordance with any condition of sale required by such SAL. (7) Consumption of Marine Organisms – A marine organism harvested pursuant to an SAL or ASCC shall not be consumed unless the marine organism was harvested pursuant to a Gear Innovation SAL or a Governmental Purpose SAL. (8) General Application Evaluation Criteria – The Commission will review an SAL application and grant or deny an SAL based on the following criteria: (a) Completeness of information submitted to the Commission through the application process. (b) Applicant’s attestation that requested activities are sanctioned by applicant’s affiliated organization. (c) Consistency of the requested activities with the license type requested. (d) Potential impacts of the type, size, and method of harvesting gear requested for use. (e) Biological status of the species requested, based on the best available information. (f) Life history strategies, genetic structure, and ecology of the targeted species. (g) Degree of variation from management regulations. (h) The extent of the requested harvest beyond the known total annual commercial and recreational harvest of the stock. (i) Established harvest limits for the species requested. (j) Locations of proposed activities and facilities. (k) Intensity of localized harvest and harvest frequency. (l) Any additional evaluation criteria specific to the SAL applied for, as established by this chapter. (9) The Commission may include license conditions or restrictions under an SAL related to the following subjects, as they apply to activities authorized under such license: (a) Designated authorized and prohibited areas. (b) Authorized or prohibited gear, methods, and activities. (c) Gear marking or tending requirements. (d) Facility, vessel, or activity location inspection by the Commission for compliance review. (e) Reporting requirements appropriate to the licensed activity. Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25, 2-1-26, 7-29-26.