jdhuyvetter
SWFMAS Event Coordinator
Show me where the statutes state this.
TheFWC at Macna
- Thread starter scubasteve247
- Start date
Show me where the statutes state this.
This is how it should be. ^
All the so called hobbyists that are buying colonys to frag and make money that have no licenses or permits shouldnt be allowed to be doing this. They have no overhead and are undercutting the retail fish store that have all of the proper licenses and are trying to run a legitimate business.
liverock
RC Sponsor
from the post #36 above
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.
Richard TBS
www.tbsaltwater.com
www.itzalogge.com
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
jdhuyvetter
SWFMAS Event Coordinator
That's from the FAQ's and not part of the statutes. Technically, that is not part of the law. That is somewhat confusing and could be considered misinformation. I questioned this specifically when the statute was changed and got an emailed response from them stating that they have no intent to pursue hobbyists and/or hobbyist frag swaps. I'll dig it up over the weekend and post here. Further, turning a garage into a fish room to breed and raise fish could be considered commercial. This is not a display set up it is specific to breeding and selling. A reef tank in the living room for display is a different story. Granted a "gray" area, but still not the same.
I absolutely agree with marlin85's assessment. A "hobbyist" buying a coral specifically to frag and sell is no longer operating as a hobbyist.
A "hobbyist" doing maintenance pruning of corals and then selling those frags at local swaps or to club members (or even with a LFS) is considered a hobbyist in the eyes of DOACS. Part of the issue is that DOACS issues the aquaculture certificate, but has no enforcement authority. FWC has the enforcement authority. This only adds to the confusion of this topic.
I absolutely agree with marlin85's assessment. A "hobbyist" buying a coral specifically to frag and sell is no longer operating as a hobbyist.
A "hobbyist" doing maintenance pruning of corals and then selling those frags at local swaps or to club members (or even with a LFS) is considered a hobbyist in the eyes of DOACS. Part of the issue is that DOACS issues the aquaculture certificate, but has no enforcement authority. FWC has the enforcement authority. This only adds to the confusion of this topic.
liverock
RC Sponsor
Technically??? yes......depends on interpretation..but no as the requirements by the State of Florida are stated...enforcement of the law is up to the appropriate agency's.....and from what I have seen over 37 years is this business... the FWC and NOAH always win...laws pertaining to this are now in force , clearly written now due to all the grey areas and controversy That preceded them.
....so is a personal choice now....would be good to see the laws tested...
Richard TBS
www.tbsaltwater.com
ww.ittzalodge.com
jdhuyvetter
SWFMAS Event Coordinator
Nope the lady (her name is Michelle) you previously referenced regarding the tang on craigslist won. She is a hobbyist and the ticket was rescinded. That occured about the same time as the last FWC debate (MACNA Orlando) and was part of the discussion that got the Statute changed. Ditto with the guy in Jax selling frags on Craiglist (not referenced in your list but also part of the discussion with FWC and DOACS regarding the statute change)
jdhuyvetter
SWFMAS Event Coordinator
Below is an excerpt of an email that I sent out on September 8 2010. The email went to multiple representatives of DOACS, FWC and all of the club Presidents in Florida. FYI, the invitations were accepted and DOACS did come to our conference and meet with representatives of multiple clubs. FWC did conduct a fact finding tour several months later. This tour began at my house and included multiple members of our club. The tour continued several weeks later at the PBMAS frag swap. As a result, the FWC and DOACS got together and the next legislative session, the statute was changed to state that hobbyists were exempt from the Aquaculture Certificate requirement.
First of all, let me thank each of you for your time the past 3 days.
Interest in moving forward with this has been very strong.As of last night, we have confirmed participants from DOACS, SWFMAS,
PBMAS, ORCA, Space Coast and TBRC. With tentative confirmation from
FWC,FMAS and MORE
..........
I have contacted several of our club members and they are willing to invite us into their homes as part of a "fact finding tour". My goal is to visit one of our LFS (local fish stores) to show you that most stores have display tank that needs pruning from time to time. Also, when a wild coral is purchased, sometime they come in broken. The invoice or shipping manifest may show one coral, but 2-3 may actually be sold. So, is that a FWC or DOACS issue (violation?). Then, I hope to go to several hobbyist home to demonstrate how the FWC and DOACS rules as currently written potentially impact the hobbyist. Lastly, I will take the group to my house to show you what an atypical hobbyist set up can look like. In my case, my set up is large enough that it may justify the aquaculture certificate, it may not. That's why I want you all to see it.
.......
First of all, let me thank each of you for your time the past 3 days.
Interest in moving forward with this has been very strong.As of last night, we have confirmed participants from DOACS, SWFMAS,
PBMAS, ORCA, Space Coast and TBRC. With tentative confirmation from
FWC,FMAS and MORE
..........
I have contacted several of our club members and they are willing to invite us into their homes as part of a "fact finding tour". My goal is to visit one of our LFS (local fish stores) to show you that most stores have display tank that needs pruning from time to time. Also, when a wild coral is purchased, sometime they come in broken. The invoice or shipping manifest may show one coral, but 2-3 may actually be sold. So, is that a FWC or DOACS issue (violation?). Then, I hope to go to several hobbyist home to demonstrate how the FWC and DOACS rules as currently written potentially impact the hobbyist. Lastly, I will take the group to my house to show you what an atypical hobbyist set up can look like. In my case, my set up is large enough that it may justify the aquaculture certificate, it may not. That's why I want you all to see it.
.......
jdhuyvetter
SWFMAS Event Coordinator
Sorry for the formatting issues. Cut and paste from the email is messing up the font and spacing...not sure why.
jdhuyvetter
SWFMAS Event Coordinator
Below is one of the responses I got. This response came from DOACS and helps clarify their stance on what they consider a hobbyist vs. commercial. They are the entity that issues the Aquaculture Certificate and FWC is the enforcement agency. Please keep in mind that it was FWC that has the authority to change the language of the statute (and they did after the meetings referenced in my email and meetings between FWC and DOACS)
Jeff:
Thank you for involving the Department of Agriculture. This is quite a
dilemma and it is unfortunate that marine life hobbyists are the focus.
I do however want to make sure that I have not left you with any implied
expectations.
Aquaculture is agriculture and as such possible rule changes and
enforcement policy are examined from the perspective of what will be the
impacts to all of agriculture, not just aquaculture. The Department
does not regulate garden clubs or local flower clubs or recreational
orchid growers. Amateur agriculture is not an area we deal with. Our
mission is to identify commercial aquaculture as part of the Florida
agriculture community and to identify aquaculture products as
agriculture products. We do not consider participants at the occasional
"frag swap" commercial aquaculturist. However, in our view someone in
the business of taking and filling orders for coral fragments is
commercial. Individuals advertising on the internet are actively
soliciting business. They would be commercial.
The Department does not have statutory authority that allows for
exemptions from the aquaculture certification program and our rule does
not provide for different tiers of regulation. We are certainly willing
to meet with all parties involved to discuss the issues.
Portia will be available to attend the proposed meeting in Ft. Myers.
She will be there to listen, participate and observe. But I wanted to
be sure that you fully understood the Department's position.
Thanks.
Kal
Jeff:
Thank you for involving the Department of Agriculture. This is quite a
dilemma and it is unfortunate that marine life hobbyists are the focus.
I do however want to make sure that I have not left you with any implied
expectations.
Aquaculture is agriculture and as such possible rule changes and
enforcement policy are examined from the perspective of what will be the
impacts to all of agriculture, not just aquaculture. The Department
does not regulate garden clubs or local flower clubs or recreational
orchid growers. Amateur agriculture is not an area we deal with. Our
mission is to identify commercial aquaculture as part of the Florida
agriculture community and to identify aquaculture products as
agriculture products. We do not consider participants at the occasional
"frag swap" commercial aquaculturist. However, in our view someone in
the business of taking and filling orders for coral fragments is
commercial. Individuals advertising on the internet are actively
soliciting business. They would be commercial.
The Department does not have statutory authority that allows for
exemptions from the aquaculture certification program and our rule does
not provide for different tiers of regulation. We are certainly willing
to meet with all parties involved to discuss the issues.
Portia will be available to attend the proposed meeting in Ft. Myers.
She will be there to listen, participate and observe. But I wanted to
be sure that you fully understood the Department's position.
Thanks.
Kal
AquamanE
Active member
Jeff.... Your THE MAN.
As hobbyists we should all thank Jeff for all the work he has done for hobbyist in the State of Florida.
For those that dont know. Jeff from SWFMAS took it upon himself to reach out to FWC and the different organizations within the State that had to do with our hobby, and managed to change a few of the ARCAIC rules that referred to hobbyists.
THANK YOU JEFF FOR YOUR HARD WORK!!!!!!
As hobbyists we should all thank Jeff for all the work he has done for hobbyist in the State of Florida.
For those that dont know. Jeff from SWFMAS took it upon himself to reach out to FWC and the different organizations within the State that had to do with our hobby, and managed to change a few of the ARCAIC rules that referred to hobbyists.
THANK YOU JEFF FOR YOUR HARD WORK!!!!!!
jdhuyvetter
SWFMAS Event Coordinator
At MACNA Orlando, they were invited to set up a table and had an officer and biologist at the table. The officer did issue some written warning to a few of the out of state vendors and educated them as to the Florida requirements for events such as this. He did not issue any tickets/fines. However, RC being what it is, it immediately blew up and turned into "FWC is issuing tickets to everybody!"
At MACNA Fort Lauderdale, it is my understanding that one of the vendors filed a complaint. Unfortunately, I was not there on Sunday when this happened, so I really don't know all the facts.
At MACNA Fort Lauderdale, it is my understanding that one of the vendors filed a complaint. Unfortunately, I was not there on Sunday when this happened, so I really don't know all the facts.
marke
New member
Jeff just to make sure I go it right. Aside from normal Florida business license All that is needed is a saltwater products license which if I read the FWC page posted above correctly it is a $50 license. If you grow with intent to sell then maybe you need an aquaculture license which cost $100. The hobbiest is exempt unless he is commercial which is up to the agent of the moment. Also carry all your coral receipts. That's a joke! All this noise makes me wonder if anyone has ever gotten a ticket for not having these?
This practice is not just frowned upon here, it's forbidden. It's called chop shopping, and anyone caught doing it at Reef Central is dealt with. Making a profit or losing your shirt, it's not allowed here. If you even suspect this activity, be part of the solution and click the red and white triangle.
Who wants to volunteer to test those laws? I'd be happy to help, unfortunately, I'm in NY
Now I understand the passion in his posts on the issue. I have to admit I wondered .
ladybug5234
New member
Funny, I recall when I did this (click the red & white triangle) a couple times recently when I found a new member who was obviously doing this (chop chopping), mis-identifying corals AND price gouging based on the erroneous ID, but all I got was a very rude message from Debi basically asking me was MY problem was. No "thanks for doing the responsible thing, we'll look into it"; just a rude reply. Learned my lesson & now I just turn a blind eye since all that's going to happen if I report is basically the same thing.
I don't remember the correspondence, I can't argue with you. I'd like to talk with you about it though. Let's not muddy up this already very technical thread further though. Send me a PM.
AquamanE
Active member
Jimbo- The FWC is fully deputized in these matters to enforce both State and Federal laws. No warrent was necessary.
AquamanE
Active member
Jeff- to clarify. I was the first to see them going up to the convention center. They where not invited.
That being said Marvin and I approached them, and the Captain of the team came out to speak to us. He was very cordial, and told us they had waited to the last few hours of the event on purpose to not be intrusive of the event.
He informed us they where their only for educational purposes and understood we had livestock vendors there from all over the country. and knew those vendors where likely uninformed of our State rules. They had already looked at our floor plan and ruled out the ones with proper documentation by comparing it to their database. They did inform us that "warnings" would be issued. They had zero intent on issuing citations unless someone got roudy. I might be wrong but to the best of our knowledge no citations where issued. They where very cordial, and professional, and where there doing their job.
Marvin even traded contact info with them in an effort to possibly having them come to one of our meetings to inform our membership base of the rules.
AquamanE
Active member
Larry- after the Orlando MACNA- Jeff spent few years working with FWC, the department of aquaculture, and a number of State delegates to explain the difference between what hobbyist do, as compared to commercial entities, hence the change in some Florida rules.
He took them on a tour of his communities tanks in SW Florida where hobbyist as young as 8, where growing corals out of the water. He invited them to frag swaps. I attended one of many of those meetings with the State, and they where very receptive. Most of the rules in place in Florida are geared towards the protection of our local reefs, and had little to say about our industry.
Jeff took an extraordinary amount of personal time to bring awareness to the State of how our hobby is indeed on a path of self sustenance when things are done correctly.
jdhuyvetter
SWFMAS Event Coordinator
Still working on it, although more passively at this point. Two of the things I would like to see changed are:
1. Better definition of hobbyist. The email I posted was from the Director. Good information, but I would like to see a definition in the statutes somewhere. Larry is correct in that a certain amount of the interpretation of the statute is up to the individual officer. However, to date, I am aware of no one being issued a ticket (hobbyist). I am aware of multiple written warnings (most of these were from investigations of Craigslist ads)
2. Change the rules on how to collect zoanthids and ricordea. Not change the collection limit, just the collection method allowed for hobbyists with a SW Fishing License (must be collected with a flat flexible blade, no base rock). Unfortunately, the average hobbyist is going to damage or kill more animals this way. The FWC has the authority to change this rule as SW Fishing license rules fall under them. The FWC marine biologist that was on the fact finding tour was fascinated by this. Unfortunately, this was not addressed with the last update of the fishing regulations.
1. Better definition of hobbyist. The email I posted was from the Director. Good information, but I would like to see a definition in the statutes somewhere. Larry is correct in that a certain amount of the interpretation of the statute is up to the individual officer. However, to date, I am aware of no one being issued a ticket (hobbyist). I am aware of multiple written warnings (most of these were from investigations of Craigslist ads)
2. Change the rules on how to collect zoanthids and ricordea. Not change the collection limit, just the collection method allowed for hobbyists with a SW Fishing License (must be collected with a flat flexible blade, no base rock). Unfortunately, the average hobbyist is going to damage or kill more animals this way. The FWC has the authority to change this rule as SW Fishing license rules fall under them. The FWC marine biologist that was on the fact finding tour was fascinated by this. Unfortunately, this was not addressed with the last update of the fishing regulations.
