Fla. Admin. Code Ann. R. 68B-20.004 - Exception to Statewide Spearing Prohibitions

(1) Notwithstanding anything to the contrary in Rule 68B-20.003, F.A.C., or Section 379.2425, F.S., upon request and with reasonable assurance that the activity will not harm the environment nor be a danger to public health or safety, the Executive Director, or his designee, shall issue permits authorizing the harvest of non-native marine species by spearfishing from areas where the activity is otherwise prohibited. The permit shall be for the limited purpose of facilitating the removal of non-native species from Florida Waters.

(2) Permits shall only be issued to the director of an organized tournament or event. For the purposes of this rule, an "organized tournament or event" means a fishing competition or other event that involves ten or more registered participants.

(3) The permit shall only be issued for an organized tournament or event that does not unduly impact resources, interfere with other users, or impose significant risks to public health and safety.

(4) Permits shall be valid for a period of no longer than one week and only for harvest from the areas specified in the permit.

(5) The Commission shall impose upon any permit such reasonable conditions as are necessary to assure that the event or activity authorized will limit liability to the agency and protect fish, wildlife, and natural and cultural resources.

(6) All individuals participating in an organized tournament or event for which a permit to take lionfish has been issued shall have a copy of the permit in his or her possession at all times when conducting activities authorized by the permit.

(7) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

(8) The authority granted under this section shall not exempt any person from purchasing a saltwater fishing license as required by Section 379.354, F.S.

(9) The permit shall not authorize any activities within the Florida Keys National Marine Sanctuary, within the boundaries of a federal park or other waters managed by the United States Department of the Interior, or within any state park or any other waters managed by the Florida Department of Environmental Protection unless it is accompanied by any and all permits that may be required by the National Oceanic and Atmospheric Administration, the Department of the Interior, or the Florida Department of Environmental Protection for such activities or events.

Notes

Fla. Admin. Code Ann. R. 68B-20.004

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

Adopted by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/1/2014.

New 8-1-14.