Illegal Corals
- Thread starter Darroll
- Start date
jgoodrich71
Premium Member
Corals that come out of the Atlantic are illegal. Hopefully with captive propagation Atlantic species will become available to the hobby, but I'm sure that is still a long ways off.
Weatherman
New member
Overfishing, and some recent natural events that have drastically reduced the supply.
Paintbug
New member
its because of all the people going out and grabbing what they could, trying to sell it to some fish shop, trying to sell it some poor soul, when none of them know how to keep it alive. then one day, the someone notices that alot of corals, and fish are now gone or close to it. so they decide to put them on the protected species list so the reefs dont just completly disappear. make sense? 
Darroll
Member
<a href=showthread.php?s=&postid=6437467#post6437467 target=_blank>Originally posted</a> by Dubbin1
You have to harvest them to keep them
Well they would have to be originally harvested to keep them, but there are frags of everything out there. Are their corals that are illegal no matter how I get them? or is it just the harvesting of endangered areas?
capt. insano
New member
<a href=showthread.php?s=&postid=6437467#post6437467 target=_blank>Originally posted</a> by Dubbin1
You have to harvest them to keep them
no you don't.....is keeping the species itself illegal, even if it came from a maricultured source? (i.e. a frag from someone else) or is it illegal to go out and harvest wild colonies? There is a difference
Weatherman
New member
Here's a reference to Florida law:
http://www.scubadivecharters.com/FL.htm
46-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception;
Repeal of Section 370.114, Florida Statutes.--
(1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina, or any hard or stony coral (Order Scleractinia) or any fire coral (Genus Millepora). No person shall possess any such fresh, uncleaned, or uncured sea fan, hard or stony coral, or fire coral.
(2) Subsection (1) shall not apply to:
(a) Any sea fan, hard or stony coral, or fire coral legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or international commerce.The burden shall be upon any person possessing such species to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such species originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.
(b) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to permit issued by the Department of Environmental Protection for scientific or educational purposes as authorized in Section 370.10(2), Florida Statutes.
(c) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to the aquacultured live rock provisions of Rule 46-42.008(3)(a) or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Part 638 and meeting the following requirements:
1. Persons possessing these species in or on the waters of the state shall also possess a state submerged lands lease for live rock aquaculture and a Department of Environmental Protection permit for live rock culture deposition and removal or a federal Live Rock Aquaculture Permit. If the person possessing these species is not the person named in the documents required herein, then the person in such possession shall also possess written permission from the person so named to transport aquacultured live rock pursuant to
this exception.
2. The nearest office of the Florida Marine Patrol shall be notified at least 24 hours in advance of any transport in or on state waters of aquacultured live rock pursuant to this exception.
3. Persons possessing these species off the water shall maintain and produce upon the request of any duly authorized law enforcement officer sufficient documentation to
establish the chain of possession from harvest on a state submerged land lease for live rock aquaculture or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a federal Live Rock Aquaculture Permit.
4. Any sea fan, hard or stony coral, or fire coral harvested pursuant to Rule 46-42.008(3)(a) shall remain attached to the cultured rock.
(3) It is the intent of this rule to effect the repeal and replacement of Section370.114, Florida Statutes. The Commission has determined that the repeal of this statute will not adversely affect the marine coral resources of the State of Florida.
Specific Authority 370.027(2), F.S.; Section 6, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented 370.025, 370.027, F.S.; Section 6, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History - New 1-1-95.
http://www.scubadivecharters.com/FL.htm
46-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception;
Repeal of Section 370.114, Florida Statutes.--
(1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina, or any hard or stony coral (Order Scleractinia) or any fire coral (Genus Millepora). No person shall possess any such fresh, uncleaned, or uncured sea fan, hard or stony coral, or fire coral.
(2) Subsection (1) shall not apply to:
(a) Any sea fan, hard or stony coral, or fire coral legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or international commerce.The burden shall be upon any person possessing such species to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such species originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.
(b) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to permit issued by the Department of Environmental Protection for scientific or educational purposes as authorized in Section 370.10(2), Florida Statutes.
(c) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to the aquacultured live rock provisions of Rule 46-42.008(3)(a) or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Part 638 and meeting the following requirements:
1. Persons possessing these species in or on the waters of the state shall also possess a state submerged lands lease for live rock aquaculture and a Department of Environmental Protection permit for live rock culture deposition and removal or a federal Live Rock Aquaculture Permit. If the person possessing these species is not the person named in the documents required herein, then the person in such possession shall also possess written permission from the person so named to transport aquacultured live rock pursuant to
this exception.
2. The nearest office of the Florida Marine Patrol shall be notified at least 24 hours in advance of any transport in or on state waters of aquacultured live rock pursuant to this exception.
3. Persons possessing these species off the water shall maintain and produce upon the request of any duly authorized law enforcement officer sufficient documentation to
establish the chain of possession from harvest on a state submerged land lease for live rock aquaculture or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a federal Live Rock Aquaculture Permit.
4. Any sea fan, hard or stony coral, or fire coral harvested pursuant to Rule 46-42.008(3)(a) shall remain attached to the cultured rock.
(3) It is the intent of this rule to effect the repeal and replacement of Section370.114, Florida Statutes. The Commission has determined that the repeal of this statute will not adversely affect the marine coral resources of the State of Florida.
Specific Authority 370.027(2), F.S.; Section 6, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented 370.025, 370.027, F.S.; Section 6, Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida. History - New 1-1-95.
Last edited:
Weatherman
New member
Take a look at the last sentence of subsection (1), above.
