30794025, 68B-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30794025

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE SPECIAL ACTIVITY LICENSE PROGRAM

Overview

RULE:

68B-8.002	Definitions
68B-8.003	General Conditions and Restrictions
68B-8.006	Scientific Research Special Activity License
68B-8.007	Education/Exhibition Special Activity License
68B-8.008	Florida Marine Science Educators Association Certification
68B-8.009	Prohibited Species Collection Criteria
68B-8.010	Stock Collection and Release Special Activity License
68B-8.011	Aquaculture Broodstock Collection Special Activity License
68B-8.012	Snook Special Activity License
68B-8.013	Non-Conforming Gear Special Activity Licenses and Exemptions
68B-8.0131	Gear Innovation Special Activity License
68B-8.0132	Governmental Purpose Special Activity License; Governmental Purpose Gear Exemption
68B-8.0133	Nonprofit Corporation Special Activity License

PURPOSE:

The purpose of this proposed rulemaking is to improve the operation of the Marine Special Activity License (SAL) program and to provide updates related to marine prohibited species, including the incorporation of an updated policy on the collection of prohibited species for education and exhibition purposes; revisions to the Florida Marine Science Educators Association (FMSEA) Certification; and updates to the Gear Innovation, Governmental Purpose, and Nonprofit Corporation SALs. The effect of these changes would be to increase transparency by clarifying the definition of the term “prohibited species;” establish more restrictive guidelines for the issuance of Education/Exhibition SALs for the collection of marine species listed as Threatened under the Endangered Species Act; improve the FMSEA Certification and rename it as the Aquatic Species Collection Certificate; improve organization of rules related to non-conforming gear SALs; expand opportunities to test innovative gear for collection of nonnative marine organisms under the Gear Innovation SAL; modify authorizations for fish kill cleanups under the Governmental Purpose SAL; and update the Nonprofit Corporation SAL. This rulemaking would also provide greater transparency to the public by moving regulations related to tagging marine organisms into the marine fisheries general rule chapter (68B-2, F.A.C.), making them easier to locate.

SUMMARY:

This proposed rulemaking would improve the operation of the Marine Special Activity License (SAL) program and would provide updates and clarifications related to marine prohibited species; revise an incorporated policy to provide guidance and transparency when reviewing Education/Exhibition SAL applications for species listed as Threatened under the Endangered Species Act; make tagging regulations easier for the public to find by moving them from the SAL rule chapter (68B-8, F.A.C.) to the general marine fisheries rule chapter (68B-2, F.A.C.); revise the framework for the Florida Marine Science Educators Association (FMSEA) Certification and rename it the Aquatic Species Collection Certificate; and update and reorganize the non-conforming gear SAL rule language. 

The Marine SAL program issues licenses to accommodate activities requiring exemptions to state marine fisheries regulations, such as scientific research, education, exhibition, the release of marine organisms, and the collection of broodstock for aquaculture. The Commission is updating Marine SAL program rules to address evolving program needs, improve program operation, better accommodate current and new practices, and provide greater transparency to applicants. This proposed rulemaking represents Phase III of a multi-phase project to update the rules for the Marine SAL program.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

4/16/2026 Vol. 52/74

COMMENTS:

From 4/16/2026 To 5/7/2026 (21 Days)

REFERENCE MATERIALS:

Ref-17387 Florida Fish and Wildlife Conservation Commission Policy on the Release of Marine Organisms September 2009
Ref-18894 Decision Process for the Genetic Risk Assessment of Release Activities
Ref-18896 Decision Process for the Genetic Risk Assessment of Release Activities
Ref-19566 Florida Fish and Wildlife Conservation Commission Policy on Marine Prohibited Species and Education/Exhibition Special Activity Licenses (May 2026)
Ref-19568 Gear Innovation SAL Application (Form DMF-GISAL (May 2026))
Ref-19569 Nonprofit Corporation SAL Application (Form DMF-NPSAL (May 2026))

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