Collection in Florida

[Anonymous]

Have a customer with some fisherman relatives down in Florida. They occasionally get aquarium stuff in some of their traps (queens angels, butterflies, peppermint shrimp. He was wondering if he could trade it in for corals or store credit. He brought in a really nice queen angel this morning that looks good and is eating flakes. Are there any legal issues to be worried about here? Other than the licenses of the fishermen?

 

[Kalkbreath]

Only if the Angel has any coral or live rock in its stomach! :wink:

 

[Anonymous]

Hey Rover,

By fisherman relatives, do you mean recreational or commercial?

Recreational fisherpeople only need to have their normal Florida SW licenses and obey bag limits. What they do with their fish is their business

If this is by-catch (is that the correct phrase?) of a different commercial operation, I believe the rules may change slightly. They would need an additional endorsement on their commercial license

http://marinefisheries.org/commlicense.htm#MarineLife

Marine Life Endorsement (ML):

A Marine Life endorsement is required to collect tropical, ornamental or other species designated as “Marine Life” (listed below) and as restricted species pursuant to Chapter 68B-42, F.A.C. Collectors must hold a Saltwater Products License (SPL) with a Restricted Species Endorsement and a Marine Life endorsement (ML) to harvest “Marine Life” species in commercial quantities, for the purposes of sale or with the intent to sell.

There is currently a moratorium on the sale of Marine Life (ML) endorsements. Therefore, no new Marine Life endorsements are available at this time.

The following species are defined as “Marine Life”:

Moray eels, Snake eels, Toadfish, Frogfish, Batfish, Clingfish, Trumpetfish, Cornetfish, Pipefish/seahorses, Hamlet/seabass (except groupers of the genera Epinephalus and Mycteroperca, and seabass of the genus Centropristis), Basslets, Cardinalfish, Porkfish, High-hat, Jackknife-fish, Spotted drum, Cubbyu, Reef Croakers, Sweepers, Butterflyfish, Angelfish, Damselfish, Hawkfish, Wrasse/hogfish/razorfish (except hogfish, Lachnolaimus maximus), Parrotfish, Jawfish , Blennies, Sleepers, Gobies, Tangs and surgeonfish, Filefish/triggerfish (except gray and ocean triggerfish), Trunkfish/cowfish, Pufferfish/burrfish/balloonfish (balloon fish, sharpnose puffer, striped burrfish), Sponges (except sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges, Order Dictyoceratida), Upside-down jellyfish, Siphonophores/hydroids (except fire corals), Soft corals (except sea fans Gorgonia flabellum and Gorgonia ventalina), Sea anemones, Featherduster worms/calcareous tubeworms, Starsnails, Nudibranchs/sea slugs, Fileclams, Octopods (except the common octopus, Octopodus vulgaris), Shrimp (Cleaner shrimp and peppermint , Coral shrimp , Snapping shrimp), Crabs (Yellowline arrow crab, Furcate spider or decorator crab, Blue-legged or tricolor hermit crab, Thinstripe hermit crab, Polkadotted hermit crab, Spotted porcelain crab, Nimble spray or urchin crab, False arrow crab), Starfish, Brittlestars, Sea urchins (except longspine urchin, Diadema antillarum, and sand dollars and sea biscuits), Sea cucumbers, Sea lilies, Caulerpa, Halimeda/mermaid's fan/mermaid's shaving brush, and Coralline red algae (other species may be designated by the Commission Rule, 68B, at any time).

“Marine Life” species must be harvested and kept alive. ‘Marine life” or other species must not be attached to corals when collected--harvest of hard or stony cor

There might be other details that I am unaware of.. as this was info I learned when inquiring about collecting ornamentals for personal use. Don't hesitate to call the FFWCC at all, they've been extremely helpful to me many times in the past. ( http://marinefisheries.org/ ).

edit: DOH! The person I spoke with didn't mention the moratorium :?

 

[Anonymous]

I was under then impression that this was by-catch. I'll check into it. Thanks!

 

[spawner]

Rover,

The fisherman must have a Marine Life endorsement (ML), not just a commercial fishing license. Only a few commercial fisherman have these license, they all know they have them and the state has a moratorium on the license. It would be very illegal to purchase, sell, buy or take aquarium animals from.

Sorry for the bad news, I am sure he is like a lot of fisherman and could use the extra source of income.

Andy

 

[Anonymous]

Just curious, but is it illegal for him or me? ie we do trade ins on fish on a somewhat frequent basis, I don't have anyway of knowing where the fish came from.

 

[JennM]

Well since you're asking about it there is probably some question ... I'd err on the side of caution.

I get people all the time who take a pleasure trip to FL for whatever and "offer" to collect stuff for me for store credit. I decline. That would MAKE it a commercial venture - the intent is not to collect for personal use, but for a profit. This undermines the legitimate and licenced collectors I buy from.

However - if somebody legally collected a specimen for their personal tank, and down the road they needed to trade it in, I would consider taking it - the intent was for personal use - in line with the law it was collected under, but if circumstances render the animal inappropriate for their tank (outgrows, doesn't play well with others...) it can't be returned to the wild, so it's appropriate for me to take it in.

Your situation is different with the fish being a bycatch - but if in doubt, don't do it.

JMO

Jenn

 

[PeterIMA]

Jenn, I think your position is probably the most prudent one to take.
It is legal for hobbyists to collect marine aquarium species in
Florida under a Recreational Fishing Licence. However, there are gear requirements, and size limits pertaining to each species.

See the description under the link petaining to Marine Receational Fishing Licenses-Marine Onamental Species Collection on the FWC website previously given in this thread.

Further information concerning Florida's fisheries can be obtained on the website for the Florida Marine Research Institute.

Peter Rubec
Research Scientist FWC