Fla. Admin. Code Ann. R. 68B-18.007 - Purchase and Sale of Bay Scallop Prohibited; Exception

(1) Purchase and Sale of Bay Scallop Prohibited - A person may not purchase or sell a bay scallop.

(2) Exception -

(a) Subsection (1) does not apply to a person who is purchasing, selling, or in possession of a bay scallop if the bay scallop was legally harvested outside of Florida waters and the bay scallop entered the State of Florida in interstate commerce.

(b) A person in possession of bay scallops for sale has the burden of establishing the chain of possession of the bay scallops beginning with the initial transaction after harvest by producing the appropriate receipts, bills of sale, and bills of lading. A person in possession of bay scallops for sale has the burden of showing that the bay scallops originated from a point outside Florida Waters and entered the state in interstate commerce. A person in possession of bay scallops for sale shall maintain and promptly produce (at the request of any duly authorized law enforcement officer) the documentation necessary to meet the burdens established in this paragraph.

Notes

Fla. Admin. Code Ann. R. 68B-18.007

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 9-1-13.

New 9-1-13.