1. (1) The purpose of establishing prohibited species collection criteria is to monitor and regulate harvest and possession of prohibited species from Florida Waters and adjacent federal waters while ensuring that such activities do not adversely affect the stocks of such species.

2. (2) Eligibility – An SAL request involving the harvest or possession of prohibited species may only be authorized for the following SALs:

   1. (a) A Scientific Research SAL.
   2. (b) An Education/Exhibition SAL.
   3. (c) A Stock Collection and Release SAL.

3. (3) Prioritization – When the requested harvest of a prohibited species exceeds an established harvest limit, scientific research activities will take priority over in-state education/exhibition activities, which in turn will take priority over out-of-state education/exhibition activities.

   1. (a) Among eligible Florida-based education/exhibition applicants, priority will be given to those applicants who meet one or more of the following criteria:

      1. The applicant has an established protocol that allows for outside independent evaluation of its husbandry operations, programs, and facilities, or meets professional review standards of the Association of Zoos and Aquariums or other equivalent professional organizations.

      2. The applicant conducts captive breeding programs or husbandry studies related to the targeted prohibited species.

      3. The applicant provides financial and/or physical support for research projects that seek to enhance the understanding of one or more prohibited species.

      4. The applicant supports or sponsors conferences or symposia that promote the sharing of information related to captive breeding, husbandry, and management of prohibited species.

   2. (b) If an established harvest limit for a specific prohibited species has not been met through scientific research activities or through in-state educational/exhibitional activities, priority will be given to eligible out-of-state educational/exhibitional applicants that meet the criteria established in subparagraphs (3)(a)1. through (3)(a)4., of this rule.

4. (4) Evaluation Criteria –

   1. (a) In addition to the evaluation criteria set forth in subsection 68B-8.003(9), F.A.C., an application for a Scientific Research SAL involving prohibited species will be evaluated based on the following criteria:

      1. The credentials of the principal investigator, including publications and professional accomplishments.

      2. The novelty of the proposed work, based on a review of relevant literature.

      3. The proposed work includes measures to minimize the mortality or harvest of the targeted prohibited species.

      4. Disposition plan for any prohibited species permanently removed from the system.

      5. Whether prohibited species collection from Florida Waters or adjacent federal waters is the only option for successful completion of the research project.

      6. Whether published project results will contribute to one or more of the following: improved management of prohibited species in captivity or in the wild, increased understanding of prohibited species population dynamics or ecology, benefits to Florida’s marine conservation and resource management interests, and contributions to basic and applied science.

      7. If any species requested on an SAL application form is designated as a Florida Endangered and Threatened Species pursuant to Chapter 68A-27, F.A.C., additional evaluation criteria for such species as set forth in Chapter 68A-27, F.A.C., or Chapter 379, F.S., if applicable, will be applied.

   2. (b) In addition to the evaluation criteria set forth in subsection 68B-8.003(9), F.A.C., an application for an Education/Exhibition SAL involving prohibited species will be evaluated based on the following criteria:

      1. Professional aquarium facility accreditation.

      2. Whether the applicant’s facility has a captive breeding program or husbandry research program related to the targeted prohibited species, or conducts research projects related to one or more prohibited species.

      3. Financial or material support of prohibited species research conducted by other entities.

      4. Hosted conferences, workshops, or symposia addressing prohibited species husbandry, conservation, or management within the previous year.

      5. Educational media and programs accompanying the displays for prohibited species, as well as the conservation message relating to the prohibited species.

      6. Whether or not acquisition of the prohibited species is in compliance with the facility’s collecting plan or acquisition policy, including any facility disposition or deaccession policies that are relevant to the requested prohibited species in the future.

      7. The current inventory of all prohibited species located at the facility.

      8. Whether non-prohibited species could be utilized in lieu of prohibited species to meet educational or exhibitional objectives.

      9. Whether prohibited species collection from Florida Waters or adjacent federal waters is the only option for acquiring the prohibited species, or if the prohibited species may be acquired from areas where the stock is not prohibited from harvest, from captive breeding programs, through loan from another aquarium, or from an aquaculture facility.

      10. Whether the requested collection is consistent with the “Florida Fish and Wildlife Conservation Commission Marine Prohibited Species Policy (September 2009),” which is incorporated herein by reference and is available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17390"http://www.flrules.org/Gateway/reference.asp?No=Ref-17390.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-19-09, 5-19-25.