Fla. Admin. Code Ann. R. 68B-42.008 - Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed

(1) No person shall harvest or possess for sale any live rock in or from state waters or land any live rock harvested in or from state waters, except as may be provided in subsection (3).

(2) No person shall sell, within the State of Florida, any live rock harvested in or from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters unless such person possesses an Aquaculture Certificate issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 597, F.S., and a federal Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Part 638.

(3) Subsection (1) shall not apply to:

(a) Any person possessing an Aquaculture Certificate issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 597, F.S., harvesting and landing live rock cultured on state submerged lands leased from the State of Florida. Rock used for such culture shall be of a readily distinguishable geologic character from rock native to the area or be securely marked or tagged so as to differentiate the cultured rock from naturally occurring live rock. The rock shall be placed on leased submerged lands by the lease-holder or a person possessing written authorization from the lease-holder.

(b) Any person lawfully harvesting substrate as part of the harvest of octocorals or ornamental sponges pursuant to subsection 68B-42.005(5), paragraph 68B-42.006(3)(f), subsection 68B-42.005(7), or paragraph 68B-42.006(3)(n), F.A.C.

Notes

Fla. Admin. Code Ann. R. 68B-42.008

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

New 7-1-92, Amended 10-18-93, 1-1-95, Formerly 46-42.008, Amended 6-1-99, 10-31-11.

New 7-1-92, Amended 10-18-93, 1-1-95, Formerly 46-42.008, Amended 6-1-99, 10-31-11.