TheFWC at Macna

You guys could go round and round like this all day. The state pretty much figured out that it is a huge gray area. It is almost impossible to have an invoice for all the corals you have, especially if you are aquaculturing these corals. But from what I have seen, the FWC is just trying to keep FL native corals from being harvested illegally. You have to remember that most other states do not have a problem with native corals in the trade. That is why we have the rules that we have.
 
The way the law is written, if you sell livestock, you are making money - therefor you are commercial and need the papework.
 
From what I was personally told by a FWC officer, out of state vendors with no proof of ANY licensing were issued tickets. They are required to have a FL license in order to sell in FL. We (Reef Chicks) were employed by Eye Candy Corals to help them out at MACNA so we didn't have our licenses with us. It turns out that neither did Bill (the owner of Eye Candy), so Reef Chicks took the heat for him in order to avoid him getting a hefty fine. The officer was kind enough to allow me to call home & get our license number & just gave us a warning. He did mention, however, that we needed to get a mobile license if we were going to sell at these types of events, including frag swaps. Just an FYI.

So after reading this thread. I am more confused than ever as to what license are needed? I am assuming its the saltwater products license? What is a mobile license? Looking at the FWC page under saltwater prod license. The license is for selling and catching table fish. Like a commercial fishing license. Is this really what they compare us to?
 
You need the applicable city and or county business licenses, sales and use tax certificate, and a license from the FWC to RETAIL saltwater products.
Also a Aquaculture certificate from the state if your propagating livestock.

Thats all you need to have a little retail operation.

You guys are starting to get into stuff that you need to catch and sell ornamentals.
 
Winner!

Winner!

You need the applicable city and or county business licenses, sales and use tax certificate, and a license from the FWC to RETAIL saltwater products.
Also a Aquaculture certificate from the state if your propagating livestock.

Thats all you need to have a little retail operation.

You guys are starting to get into stuff that you need to catch and sell ornamentals.

This above is correct information for retail sales to the public.

You do not need a SPL "saltwater products license", to retail food fish, marine life, oysters, clams, bait ect. However you will have to have in your possession where you obtained such products, and receipts for purchase of said products a bill of lading and the above mentioned requirements.

And if you culture corals you must have a certificate of Aquaculture or the "Hard Card" that is issued with the certificate with you and in possession at all times when dealing/transporting/selling aquacultured products.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
 
This above is correct information for retail sales to the public.

You do not need a SPL "saltwater products license", to retail food fish, marine life, oysters, clams, bait ect. However you will have to have in your possession where you obtained such products, and receipts for purchase of said products a bill of lading and the above mentioned requirements.

And if you culture corals you must have a certificate of Aquaculture or the "Hard Card" that is issued with the certificate with you and in possession at all times when dealing/transporting/selling aquacultured products.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
This above is correct information for retail sales to the public.

You do not need a SPL "saltwater products license", to retail food fish, marine life, oysters, clams, bait ect. However you will have to have in your possession where you obtained such products, and receipts for purchase of said products a bill of lading and the above mentioned requirements.

And if you culture corals you must have a certificate of Aquaculture or the "Hard Card" that is issued with the certificate with you and in possession at all times when dealing/transporting/selling aquacultured products.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
Does this also apply to hobbyist or to just retail people who do this all the time? If it applies to hobbyist, that would mean everyone who trims their corals because they are getting to big and sells the frags needs one? So it would be better to trash a coral than to sell it if you don't have the paperwork? Not everyone is going to be giving away corals.
I thought something was worked out several years ago for the hobbyist?

I think treeman is right. It is considered a very gray area. When the laws were written, there were no such hobbyist to even consider a law for them.
 
Does this also apply to hobbyist or to just retail people who do this all the time? If it applies to hobbyist, that would mean everyone who trims their corals because they are getting to big and sells the frags needs one? So it would be better to trash a coral than to sell it if you don't have the paperwork? Not everyone is going to be giving away corals.
I thought something was worked out several years ago for the hobbyist?

I think treeman is right. It is considered a very gray area. When the laws were written, there were no such hobbyist to even consider a law for them.

Applies to everybody in the state of Florida, Florida Law.

Richard TBS
www.tbsaltwater.co
www.itzalodge.com
 
Applies to everybody in the state of Florida, Florida Law.

Richard TBS
www.tbsaltwater.co
www.itzalodge.com

Then what was all the meetings about several years ago with WFC and some of the hobbyist? I thought something came out of those? Did you attend these meetings? Hopefully some of the people that did attend will comment on the subject. I also still think it is a gray area with hobbyist, but I could be wrong. : )
 
It did. Rule was changed a year ago. I posted up the links and excerpts on page 1. Hobbyists are exempt from the Aquaculture Certificate.
 
Then what was all the meetings about several years ago with WFC and some of the hobbyist? I thought something came out of those? Did you attend these meetings? Hopefully some of the people that did attend will comment on the subject. I also still think it is a gray area with hobbyist, but I could be wrong. : )

Yeah, Hobbyists are exempt, but a lot of them are taking it too far. Purposely buying large colonies with the intention to frag and make a profit shouldnt be allowed and thats what is happening.
 
I expect it's much like selling anything else as a private individual (aka not a business). One is expected to report the "income" on their income tax, most states expect the purchaser to pay a "use tax" in lieu of the sales tax they would have paid via purchasing from business. There is what is supposed to happen legally, and there is what really happens. Most selling by hobbyist would be considered "black market" by the authorities in many states, if they wanted to bother with it.
 
It did. Rule was changed a year ago. I posted up the links and excerpts on page 1. Hobbyists are exempt from the Aquaculture Certificate.

Thanks Jeff for clearing this up. I thought there was something different for the hobbyist. I knew you were one of them, but I wasn't naming names. : )
 
a little clarification

a little clarification

Anyone know if the new $20 general category permit allows you to sell?

More info here also

http://www.freshfromflorida.com/content/download/5665/97389/Coral culture fact sheet.pdf


No.....read below......an AQ certificate only allows you to sell corals you have grown from brood stock, that you have documentation on where you purchased them and keep that info on hand at all times...you need no other licenses to sell aquacultured products in Florida...

However...if you want to buy/sell/wholesale/retail any other saltwater products...... it requires a plethora of licenses and permits.

Remember the girl in Ocala that put a tang on craigs list for sale...the undercover FWC guy showed up, purchased it and she was busted.


Aquaculture Certification Program


Florida Laws | FAQ | Forms | Related Links | Contact

In 1999, the Florida aquaculture industry and Florida Legislature have created the Aquaculture Certificate of Registration to formally recognize legitimate aquafarms. Benefits to the aquafarmer include immediate and formal recognition that they are part of the agricultural community and have access to property tax adjustments, sales tax exemptions (full exemption for feed, certain fuels, electricity and a lower sales tax on equipment) and exemptions from certain fishery regulations. In 2000, the Legislature also created a program of Best Management Practices (BMPs) to assure that aquafarms do not negatively impact the environment. Aquafarms that adhere to aquaculture BMPs will be presumed to be in compliance with state groundwater and surface water standards. Proof of adherence and implementation of aquaculture BMPs is based on acquiring and maintaining the Aquaculture Certificate of Registration.

By acquiring and maintaining the Aquaculture Certificate of Registration you will have access to these benefits. Aquaculturists that do not acquire and maintain an Aquaculture Certificate of Registration are subject to the regulatory authority of the Department of Environmental Protection, Fish and Wildlife Conservation Commission and the Water Management Districts.

A $100 annual fee must be submitted with the Aquaculture Certificate application. Following review of the application and site visit, farmers will receive an Aquaculture Certificate and plastic embossed card indicating the Aquaculture Certificate number and expiration date. Renewal forms are sent to registered aquaculturists on May 1 of each year. Aquaculture Certificates are valid from July 1 through June 30 of each year.
Florida Laws

Chapter 597.004, Florida Statutes

Frequently Asked Questions

What is the aquaculture certificate?
The aquaculture certificate is issued by the Department of Agriculture and Consumer Services to identify aquaculture producers and aquaculture products.
Who needs the aquaculture certificate?
All persons engaging in commercial aquaculture are required to obtain the certificate. The certificate number is required to be on all aquaculture products from harvest to point of sale.
What will I get from my aquaculture certificate?
Certification identifies your products as an agricultural commodity and entitles you to the same benefits bestowed upon agriculture. The certificate exempts you from certain requirements of wild-harvested species, offers tax advantages and replaces a number of environmental permitting requirements for aquaculture facilities.
How do I get an aquaculture certificate?
Contact the Department of Agriculture and Consumer Services, Division of Aquaculture, 1203 Governor's Square Boulevard Suite 501, Tallahassee, FL 32301 to obtain application materials.
What's on the application?
The certificate application has five requirements;
your name, address and phone number;
a legal property description;
a description of the production facilities;
a listing of the products to be produced; and
your signature certifying that the statements in the application are true and that you will comply with applicable Best Management Practices.
What criteria are used to determine if my business will be certified as aquaculture?
You must be a bona fide producer of aquaculture products in Florida in order to receive the certificate. Your responses on the application will assist us in determining if your business is appropriate for the certification. Note that farmers must comply with Best Management Practices developed for the aquaculture industry or appropriate interim measures.
What will it cost?
The fee for aquaculture certification is $100 annually.
I said on my application that I would abide by Best Management Practices (BMPs), what are they?
BMPs are developed with each segment of the industry in mind and are defined as the methods a farmer uses for construction and operation of a facility which result in minimal environmental impacts. A copy may be viewed at Best Management Practices (BMPs).
I have a few aquaria in my garage to raise tropical fish. Do I need the certification?
Yes, if you sell the fish you raise. No, if you are a hobbyist.
I am subleasing submerged bottom for clam farming. Do I need the certificate?
Yes, in order to be lawfully authorized to harvest and transport aquaculture product from the lease you must have a current certification.
It's December, and I'm applying for the certification. Will it be valid through December of next year?
No, the aquaculture certificate is valid from July 1 until June 30, no matter when you apply.

Do my business partner and I need to send two applications for our clam farm? We have two leases.
No, if you are joint leaseholders on both Sovereignty Submerged Land Aquaculture Leases.

Yes, if the Sovereignty Submerged Land Aquaculture Leases are in your individual names. An Authorized User Acknowledgement form must be completed before each of your leases can appear on the other’s certification.
Can my employees each get duplicate cards with my certification number?
No, there will be one certificate and one card issued per aquaculturist. A duplicate of your certificate can be made for employees.
I have 2 submerged bottom leases for clam culture. Do I need 2 certificates? What if I have a fish farm housed at two different locations?
Each shellfish farmer needs only one certificate, which will list all the lease sites. For inland aquaculture facilities, the certification is issued for each separate site.
I lost my certificate/card. Can I get a new one?
Yes, a single replacement certificate/card will be made at no cost, once a request has been made in writing.
Will my clam sales count toward the $5,000 necessary for a Saltwater Products License with a restricted species endorsement?
Yes, your clam sales may be recorded in the trip ticket system with the Florida Fish and Wildlife Conservation Commission. They will count toward the minimum requirement for maintaining the SPL with RS (but not for obtaining a new RS endorsement).

Forms

Please follow the instructions provided below when printing and completing the forms listed.

Use the free Adobe Acrobat Reader to view or print forms. Skip this step if Adobe Reader is already installed on your pc.
Print forms on white 8 1/2" x 11" paper.
Type or print the entire form in blue or black ink.
Make check payable to: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.
Mail check(s) to: FDACS-Aquaculture Certification, Post Office Box 6700, Tallahassee, Florida 32399-6700.

FDACS-15106 - Aquaculture Certificate Application PDF - Click to download Adobe Reader (link will open in a new window)
FDACS-15107 - Aquaculture Certification - Authorized User Acknowledgement PDF - Click to download Adobe Reader (link will open in a new window)

Related Links

Division of Aquaculture
Aquaculture Leasing Program

Contact

If you have any questions, please contact:
Aquaculture Certification Program
Deborah Harvey
E-mail Deborah.Harvey@FreshFromFlorida.com
1203 Governor's Square Boulevard, Fifth Floor
Tallahassee, FL 32301
Phone: (850) 488-4033
Fax: (850) 410-0893


Richard TBS
www.tbsaltwater.com
www.itzalodge.com
 
Last edited:
If you are a hobbyist and stay a hobbyist....exempt...

If you are a hobbyist and stay a hobbyist....exempt...

It did. Rule was changed a year ago. I posted up the links and excerpts on page 1. Hobbyists are exempt from the Aquaculture Certificate.

Hobbyists are exempt from an aquaculture certificate if the are simply buying corals at the LFS stocking their tanks, possessing the corals and growing them. As soon as you frag one for sale.....you cease being a hobbyist and are now classified as a commercial aquaculture operation, and need the Aquaculture certificate to abide by the law.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
 
And FYI about the FWC and the Feds...Enforcement

And FYI about the FWC and the Feds...Enforcement

This enforcement issue has severely ramped up in the last few years. To give you an example of what is going on behind the scenes enforcement wise, consider this.

After a three year investigation by the FWC and the Federal Government many individuals in south Florida and other states are in a world of hurt now.

One individual was indited for harvest/possession of over the limit and illegal ricordia collection and other violations by both the FWC and NOAH. Long story short....he had his property confiscated, 100's of thousands of dollars in fines, and has plead to three years in Federal prison.

Another individual in south Florida was convicted of falsifying importation documents and other fishery violations, and has plead to five years in Federal prison.

Another group of individuals from south Florida and California and Idaho were convicted of collecting and distributing sharks and illegal eagle rays without proper permits across state lines and are also facing Federal prison time.

A number of collectors in south Florida this year holding the necessary Marine Life Dive permit that allows collection of marine life in Florida were indited and have had their licenses permanently revoked.

Another dealer imported a few hundred clams from Vietnam this month. Federal regulations require they be aquacultured and of a certain size now. Even though the dealer in Vietnam verified the clams were legal, they were not of correct size or cultured. This resulted in seizure of the entire shipment in Miami by US Customs, and penalties are pending in that case.

The FWC and NOAH does not mess around, and when you do find yourself facing an indictment on fisheries violations, you can be sure both agencies have done all their home work and you are in deep water.

The folks that do this business under the guidelines of state and Federal laws, have no issues. The choice is clear, follow the regulations, and you have no issues, stray from the legal path...and eventually you will face the music.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
 
Hobbyists are exempt from an aquaculture certificate if the are simply buying corals at the LFS stocking their tanks, possessing the corals and growing them. As soon as you frag one for sale.....you cease being a hobbyist and are now classified as a commercial aquaculture operation, and need the Aquaculture certificate to abide by the law.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com

Not according to the emails I have and the FWC that was at my house by invitation, at the PBMAS frag swap etc.
 
Not according to the emails I have and the FWC that was at my house by invitation, at the PBMAS frag swap etc.

Somebody is misinformed ....if you are a hobbyist and have corals at home in your tank...and do not sell/swap or otherwise do business in cultured corals, you do not need an aquaculture certificate.

As soon as you sell/swap...you are a business in aquaculture and require a certificate.

Otherwise, everybody that went to your local fish store and purchased a coral for their tank would require a certificate, and that is not the case nor the law.

Richard TBS
www.tbsaltwater.com
www.itzalodge.com
 
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