Fla. Admin. Code Ann. R. 68B-31.009 - Commercial License Requirements

(1) Live Bait Shrimp Producers -

(a) A person harvesting or attempting to harvest shrimp in or from Florida Waters as a live bait shrimp producer must possess a valid saltwater products license with a restricted species endorsement.

(b) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp within the inland waters of Nassau, Duval, St. Johns, and Flagler counties as a live bait shrimp producer must also possess a valid Commercial Live Shrimp Production License issued as provided in Section 379.247, F.S.

(2) Food Shrimp Producers -

(a) A person harvesting or attempting to harvest shrimp in or from Florida Waters as a food shrimp producer must possess a valid saltwater products license with a restricted species endorsement.

(b) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp as a food shrimp producer within the inland waters of Nassau, Duval, St. Johns, and Flagler counties must also possess a valid Commercial Food Shrimp Production License, issued pursuant to Section 379.247, F.S.

1. The number of Commercial Food Shrimp Production Licenses issued by the Commission in any one year shall be limited to those active in the base year, 1976, and renewed annually since 1976.

2. Renewal requirement - Failure to renew or transfer the Commercial Food Shrimp Production License by June 30 of each year will result in forfeiture of the license.

3. Transferability - Notwithstanding the provisions contained in Section 379.247(4)(d), F.S., a Commercial Food Shrimp Production License is transferable upon approval of the Commission under the following conditions:

a. A person who wishes to transfer a Commercial Food Shrimp Production License must submit a notarized Commercial Food Shrimp Production License Transfer Form that has been signed by both parties to the transaction and postmarked and sent by United States Postal Service certified mail or hand delivered within 72 hours of the final notarized signature, to the Commission between May 1 and the last day of February of the following year. Requests received by the Commission before May 1 or postmarked after the last day of February of the current license year will not be processed. The Commercial Food Shrimp Production License Transfer Form (Form DMF-FSP 1000 (May 2024)), is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11133.

b. A Commercial Food Shrimp Production License may not be transferred or renewed until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full. The seller must surrender the license to the Commission to complete the transfer.

c. In the event of the death or permanent disability of a person holding a Commercial Food Shrimp Production License, the license may be transferred by the license holder or the executor of the estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties owed to the Commission in full.

(c) In addition to the license requirements provided in paragraph (a), a person harvesting or attempting to harvest shrimp as a food shrimp producer in or on any waters of Tampa Bay must also possess a valid Tampa Bay Dead Shrimp Production Permit issued pursuant to this paragraph.

1. No permit will be issued and no permit will be renewed except those permits issued in the base year of 1992.

2. A Tampa Bay Dead Shrimp Production Permit will be renewed and issued pursuant to the following:

a. Requests for renewal of a Tampa Bay Dead Shrimp Production Permit must be submitted to the Commission in writing prior to June 30 each year.

b. A food shrimp producer harvesting or attempting to harvest shrimp in Tampa Bay must have one valid Tampa Bay Dead Shrimp Production Permit for each vessel used for such harvest.

c. A Tampa Bay Dead Shrimp Production Permit may only be renewed by an individual who is the principal owner of the vessel or of the business entity owning the vessel and utilizing the permit. No more than three Tampa Bay Dead Shrimp Production Permits shall be issued to any individual.

d. A Tampa Bay Dead Shrimp Production Permit will not be renewed without payment of the permit fee as provided in Section 379.369, F.S.

e. The number of permits issued in any one year shall not exceed the number of permits issued in 1992.

f. A Tampa Bay Dead Shrimp Production Permit is not transferable by any method, including devise or inheritance, and such permit may be renewed only by the initial holder thereof.

3. All permits not renewed pursuant to sub-subparagraph 2.c. by June 30 each year for any reason shall expire and shall not be renewable under any circumstances.

4. A food shrimp producer operating any vessel to harvest shrimp in or from Tampa Bay must possess while in or on Tampa Bay and must produce, upon the request of any duly authorized law enforcement officer, a current Tampa Bay Dead Shrimp Production Permit issued for such vessel.

Notes

Fla. Admin. Code Ann. R. 68B-31.009

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

New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05, Amended by Florida Register Volume 44, Number 212, October 30, 2018 effective 11/12/2018, Amended by Florida Register Volume 45, Number 233, December 3, 2019 effective 12/15/2019, Amended by Florida Register Volume 48, Number 066, April 5, 2022 effective 5/1/2022, Amended by Florida Register Volume 50, Number 173, September 4, 2024 effective 9/19/2024.

New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05, 11-12-18, 12-15-19, 5-1-22.