Fla. Admin. Code Ann. R. 68A-23.009 - Sale and Transportation of Freshwater Fish
(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.
(2) No person shall
sell, purchase, attempt to purchase or sell, or transport any aquacultured
freshwater fish without having an aquaculture certificate of registration
number issued by the Department of Agriculture and Consumer Services. No person
shall sell, purchase, attempt to purchase or sell, or transport any freshwater
fish without having a commercial license issued under provisions of Section
379.363, F.S. Anyone possessing
live freshwater fish in excess of legal possession limits must have in their
possession a bill of sale or other documentation showing the name, license
information, and address of the supplier.
(a)
No person may import, transport, possess within the state, or stock into any
waterbodies within the state any Micropterus species except Florida bass
(Micropterus salmoides) that meet the genetic authentication
requirements listed in this rule or through authorization by a permit issued
pursuant to Rule 68A-9.003, F.A.C. The standards
for the genetic authentication of Florida bass must be confirmed in a manner
consistent with the Commission's Genetic Authentication Standards listed at
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.
(b) Holders of valid
fishing licenses or persons exempt from such licenses may transport their legal
possession limit. Live Micropterus species may only be released back into the
waterbody from which they were caught.
(c) 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, the total weight
of or quantity of each species of fish shipped, and the date of the shipment.
(d) 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 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 a Commission
issued import and transport permit, except as permitted pursuant to Rule
68A-9.003, F.A.C. These
documents must be available for immediate inspection upon request by Commission
personnel. An Import and Transport Permit Application, Form 03, may be found at
myfwc.com/media/28743/permit-application-for-import.pdf. which is adopted and
incorporated herein by reference
http://flrules.org/Gateway/reference.asp?No=Ref-18036
effective March 2025.
(e) No
person may sell game fish commonly called panfish as defined in Rule
68A-1.004, F.A.C., unless
produced at an aquaculture facility and four inches or less in total
length.
(3) 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 at a licensed aquaculture facility.
(b) May import, transport, culture, and sell
as a food fish or stocking product, genetically authenticated Florida bass
(Micropterus salmodies).
(c) May produce and sell outside the state
largemouth bass (Micropterus nigricans) and non-authenticated
Florida bass (Micropterus salmoides). These fish may also be
utilized at fee fishing events at licensed aquaculture facilities provided no
live Micropterus species leave the facility.
(4) Freshwater non-game fish may be taken and
sold as provided by law and these rules.
(5) 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.
(6) The foregoing
shall not prohibit the sale or purchase of mounted specimens of lawfully taken
freshwater fish.
(7) 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.
Notes
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.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.
Notes
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.