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Commercial Licensing Requirements for Marine Species

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Other Permits Required:
Download Application Forms:
Qualifying for the RS:

New applicants for the RS must be at least 16 years old, hold a Saltwater Products License and qualify by one of the methods listed below:

A person or firm (unless otherwise exempted below) must provide acceptable proof of $5,000 in income from the sale of saltwater products to a licensed Wholesale Saltwater Products Dealer during any 12 consecutive months in the last 36 months, or 25% of income during 1 of the last 3 years.

A crewmember on a commercial fishing vessel must submit a notarized Crew Share Statement signed by the vessel license holder verifying $5,000 in income earned from the sale of saltwater products to a licensed Wholesale Saltwater Products Dealer during the 12-month period specified on the statement.

A charter boat operator must provide acceptable proof that 50% of his annual income is derived from charter fishing and that he had $2,500 in sales to a licensed Wholesale Saltwater Products Dealer during the same calendar year.

A person age 62 or older must provide acceptable proof of $2,500 in sales of saltwater products to a licensed Wholesale Dealer during any 12 consecutive months in the last 36 months.*

A person age 70 or older will be granted permanent exemption to the income requirements listed herein if the applicant’s license records show that the SPL was held 3 out of the last 5 years.*

A disabled resident must provide acceptable proof of disability from the Railroad Retirement Board, U.S. Dept. of Veterans Affairs, U.S. Armed Forces, Social Security Administration or a licensed physician and must have held the SPL for 3 of the last 5 years prior to the date of disability.*

A military veteran must provide acceptable proof of the income as specified in the appropriate method listed herein. However, active duty may be excluded when calculating the previous 36 months and will not be counted for purposes of determining qualifying time.

The buyer of a commercial fishing vessel from a seller that holds or is eligible for the RS must submit copy of the original vessel title showing the purchase price. The RS will expire one year from the date of purchase of the vessel. You will only have 12 months from the date of purchase to produce trip tickets and document the required income from the sale of saltwater products necessary to renew the endorsement.

An immediate family member of a fisherman who held the RS and has died or become disabled must provide a copy of the birth certificate and proof of death or disablement. The RS will expire one year from the date of death or disability. You will only have 12 months from the date of death or disability to produce trip tickets and document the required income from the sale of saltwater products necessary to renew the endorsement.

Aquaculture producers should contact the licensing program if they wish to qualify for the RS endorsement.

* Only applies to an SPL issued to an individual.

Acceptable Proof of Income for New Applicants:

Income attribution must apply to any 12 consecutive months of the previous 36 months.

Crew Share Statement - Notarized Crew Share Statement signed by the license holder for the vessel under which the landings have been reported verifying the applicant’s income earned from the lawful sale of saltwater products must be provided. The dates of harvest (month and year must) must be specified on the crew share statement.

Out-of-State Landings - Fishermen who have landings from locations other than Florida must submit copies of sales records documenting the sale of saltwater products and the applicable out-of-state license. Sales documentation must include the name and address of the company to which the qualifying sales were made.

Unless otherwise exempted from providing proof of income, all new applicants must submit acceptable proof of commercial income from the lawful sale of saltwater products, as evidenced by trip tickets generated pursuant to the FWC Marine Fisheries Management Information System. Income from sales must be attributable to sales to a licensed wholesale dealer.

Trip Tickets/Landings - A trip ticket is a form provided by the Commission on which wholesale dealers and others are required to report saltwater fish, bait or other marine life species purchased or produced for the first time (landings) pursuant to s. 370.07(5)(a), F.S., and chapter 68E-5, F.A.C. Trip tickets should be embossed and must show a dollar value, date of harvest, and the applicant’s SPL number. Fishermen are encouraged to obtain and retain copies of their trip tickets. Trip tickets showing sales of non-restricted species or landings reported under a Retail Dealers License are not acceptable and cannot be used for the purpose of qualifying for the RS.

Tax returns - A copy of the applicable federal income tax return (including Form 1099 attachments) verifying income earned from the sale of saltwater products, may be submitted to prove the percentage of income attributable to the sale of saltwater products. If a joint return is submitted, the applicant must provide all documentation necessary to separate the spouse’s income. Trip tickets or out-of-state sales records must accompany your tax return. The dates of harvest on the trip tickets or out-of-state sales records used to qualify must fall within the same 12-month period as covered by the tax return.

Buying/Selling Trap Tags/Certificates:

To receive a quantity of trap tags, you must have an equal quantity of trap certificates on account with the Commission. The Commission will only issue tags to trap certificate holders who are properly licensed and have paid all certificate fees and other outstanding amounts owed to the Commission.  Certificates were initially allotted on the basis of a person’s landings during a specified period of time.

The Commission doesn’t sell trap tags:

Commercial fishermen must purchase trap certificates from another fisherman. Check ads in newspapers to find certificates that are for sale.

What should you know before you buy/sell trap certificates:

Are the seller’s trap certificates available?

The seller must have paid all current and past certificate, license and other fees owed to the Commission and hold an active SPL, a Restricted Species Endorsement (RS), and a Stone Crab Endorsement (X) or Crawfish (spiny lobster) Endorsement (C). However, an RS is not required if the seller is selling all his certificates and getting out of the fishery. To check the status of a trap certificate account, contact the Commercial Saltwater Licensing program at (850) 487-3122 or SPLMAIL@fwc.state.fl.us.

A complete copy of the applicable rules can be found at http://fac.dos.state.fl.us, or by contacting the licensing program.

Trap certificates can only be transferred between June 15 and March 1.

You must submit a signed and completed bill of sale and Certificate Transfer Application and all applicable fees before the specified certificates will be transferred from the seller’s account to your own. The documents must have been notarized no longer than 72 hours prior to receipt by the Commission.

Upon transfer, the number of stone crab certificates sold will be reduced by 22.5 percent. Therefore, only the remaining certificates will be available to the buyers.

The buyer must hold an SPL with the applicable endorsements and pay a $2 certificate transfer fee for each certificate available after reduction. Crewmembers may be eligible for a $1 transfer fee on stone crab certificates only.

When a certificate is transferred outside the original certificate holder’s immediate family for the first time, the buyer must also pay a surcharge on each available certificate ($1 for stone crab/$5 for spiny lobster) or 25 percent of the actual price paid for the available certificates, whichever is more.

After your account has been established, the Commission will assess annual certificate fees (50 cents per stone crab cert./$1 per spiny lobster cert.). Certificate fees that remain unpaid for three fishing years revert to the Commission at the beginning of the fourth fishing year.

This web page was prepared for informational purposes only in May 2003. As always, commercial fishers should consult current statutes and fishing regulations, which are subject to change.

Commercial Lobster Dive Permit Required

Changes in the FWC Spiny Lobster Rule, 68B-24, to become effective on April 1, 2004, will limit commercial divers to harvest of crawfish (spiny lobster) by diving from a vessel that has been issued an FWC Crawfish Number and Commercial Dive Permit (CD#).

Divers bringing commercial quantities of crawfish back from federal waters will need the CD#.

A CD# will not be issued to: 1) divers who do not have a trip ticket for the sale of dive harvested lobster to a licensed wholesale dealer during either the 2000-01, 2001-02, or 2002-03 lobster seasons; 2) divers who hold trap certificates; 3) divers who do not hold a valid 2004-05 vessel saltwater products license with an RS and Crawfish (C#) endorsement; or 4) divers who do not hold a D on or before December 31, 2004.

All vessels used for commercial harvest of spiny lobster by diving must be licensed with a vessel SPL, RS, C# and CD#. Dive vessels must be marked with divers down symbols that are visible from the air and water with the CD# (displayed as the diver’s C# followed by the letter “D”) on the diagonal stripe of each symbol. Qualified divers may not put their CD# on more than one vessel and no more than one C# may be affixed to any vessel.

Annual Food Permit-Florida Agriculture and Consumer Services

Any facility manufacturing, processing, packing, holding, or preparing food, or selling food at wholesale or retail in Florida must have an annual food permit.

The Department defines a seafood processor as follows: “A processor of fresh or saltwater finfish, crustaceans, other forms of aquatic animal life (including, but not limited to, alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, where such animal life is intended for human consumption, primarily for wholesale distribution.”

A seafood market is defined as a retail store engaged primarily in the sale of seafood. A limited number of other foods may be stocked, but inventory and sales are predominantly fish, crustaceans, or shellfish.

You will need to obtain that annual food permit from the Florida Agriculture to process food for sale to the public.

To obtain information/requirements for a food permit, please call 850-488-3951 and they will be happy to discuss the requirements with you. You may also go to their web site at www.doacs.state.fl.us. At the web site you will need to click on licensing, permits, registrations. Then you will select Food Processors to get to the appropriate section that contains the laws/rules/requirements.

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