I see this as an issue of fairness. I know of at least one member on here who has his aquaculture license. Why should he pay his $100 (or $150)/yr to sell corals when another person comes on here and sells without a license? He goes to great lengths to ensure the health of his frags - and to ensure you wont nuke your tank with pests if you put a frag of his into your tank.
An AQ license has nothing to do with keeping a pest free tank. Many of us go to great lengths to keep our tanks free of pests regardless of an AQ license, and spend MUCH more than $100 doing it(dips, QT tanks, medications, etc.) I rate LFS's and hobbyist tanks by talking with the owner and judging myself the health of the livestock.
A certificate on the wall from the dept of agriculture means nothing to me. Restaurants are inspected and licensed, yet many are shut down for ignoring rules and safety.
Take the question even further: If there were no licenses and anyone could become a seller (I wouldn't go as far as wholesaler) - then why should the LFS exist? Could they even compete with someone selling out of their home? We need LFS in the area not only for livestock but for supplies, knowledge and other services.
The same reason there are shady tree mechanics and real auto garages. Some folks prefer to shop at retail, some prefer supporting the guy working out of his garage. Both have their markets.
I have a tiny tank compared to the volume at most LFS(like most of us). If I'm willing to drive all over the greater Tampa Bay area, maybe I can find what I want, or I can go to the LFS who has a much larger selection. Factor in gas and drive time and it can be cheaper to make one trip to the LFS vs driving all over town to pick up a few frags.
Does anyone have a new guinea wrasse for sale? I'm guessing I'll have to have an LFS order it for me.
LFS's also sell dry goods, give advice and can order things we might not have access to.
What makes a seller? In my opinion, it's anyone who sells more than one frag from a colony. Anyone who makes their money back (or more) on a frag purchase by fragging. Anyone who sells the offspring of any reproductive behavior in their tank (yes - even pods or algae).
Per the FL Aquaculture office, selling is irrelevant. If you house these creatures, you are involved in aquaculture and need the license, regardless of whether you sell or not.
y'all seem to think they just make these licenses so they can stuff their own pockets or increase their bureaucracy but I'd venture a guess and say this goes a lot further to regulate the trade, provide budgets for FWC's activities and protect us from bad sellers.
Regulations can be good, I am all for controlling invasive species. My biggest gripe right now, is a lack of clear definitions. The FWC says one thing, while the dept. of Agriculture is saying another. If they can imprison or fine me for breaking the law, the least they could do is provide a clear definition of the law. Kind of hard to follow the rules when the rulemakers can't agree on it.
What I may disagree with is the FWC going after a one time sale - like a person tearing down their tank - especially if they've never sold frags or fish before. I'd have more trust in the FWC establishing this before applying a fine than I would have in an individual coming on here and complaining about getting fined.
Per the FL Aquaculture statute, selling is irrelevant. If you house these creatures, you need the license, regardless of whether you sell or not.
http://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0597/0597.html
597.0015 Definitions."”For purposes of this chapter, the following terms shall have the following meanings:
(1) "œAquaculture" means the cultivation of aquatic organisms.
Culture is defined as "to promote or improve the growth of" I think feeding my fish qualifies as culture.
597.004 Aquaculture certificate of registration."”
(1) CERTIFICATION."”Any person engaging in aquaculture must be certified by the department.
There is no mention of an actual sale, simply having a fish in a cup of water qualifies as aquaculture.
As far as I can tell, this extends to a betta in a cup of water or a 10,000gal commercial facility. There should be some more clear cut definitions as to who is impacted by the law.
I think they could clear a lot of this confusion by sending every LFS some training material. That would be a great distribution point for information in my mind. I have never been provided with a chain of ownership for any coral purchased retail, nor was I ever informed that by making a purchase I would be in violation of the law without an AQ license.
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