Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 669 Largemouth Bass
SPONSOR(S): Environment, Agriculture & Flooding Subcommittee, Trabulsy and others
TIED BILLS:       IDEN./SIM. BILLS: CS/CS/SB 1018
  REFERENCE                                                       ACTION                   ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF
  1) Environment, Agriculture & Flooding                          17 Y, 0 N, As CS         Melkun                 Moore
     Subcommittee
  2) State Affairs Committee                                      21 Y, 0 N                Melkun                 Williamson
                                                        SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS) serves as the state’s lead aquaculture agency
and works to coordinate the development and regulation of aquaculture to protect and conserve Florida’s
natural resources. There are an estimated 1,500 species of fish, plants, mollusks, crustaceans, and reptiles
grown in the aquaculture industry in Florida.
Certified aquaculture producers and dealers are permitted to sell aquaculture products, except those otherwise
prohibited by law and those for which the origin of the product is unknown. Specifically prohibited species
include shellfish, snook, any fish of the genus Micropterus, and prohibited restricted freshwater and marine
species identified by the Fish and Wildlife Conservation Commission (FWC).
The bill authorizes the sale of Florida largemouth bass (Micropterus salmoides floridanus) by an aquaculture
producer certified by DACS so long as the product of origin can be identified.
The bill requires FWC to adopt rules to require any facility that cultures Florida largemouth bass to maintain
stock acquisition documentation or records of genetic testing.
The bill does not appear to have a fiscal impact on the state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0669c.SAC
DATE: 4/6/2021
                                                       FULL ANALYSIS
                                               I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
        Background
        Sale of Aquaculture Products
        The Department of Agriculture and Consumer Services (DACS) serves as the state’s lead aquaculture
        agency and works to coordinate the development and regulation of aquaculture to protect and conserve
        Florida’s natural resources. There are an estimated 1,500 species of fish, plants, mollusks,
        crustaceans, and reptiles grown in the aquaculture industry in Florida.1
        In order to raise aquatic species for commercial sale, entities must acquire an aquaculture certificate of
        registration from DACS.2 The certificate authorizes the certificate holder to plant, harvest, and sell
        aquaculture products; entitles the holder to the same benefits provided to other agricultural producers,
        including tax benefits; and reduces the number of permits the holder must obtain from other agencies.3
        Applicants for the certificate must submit their name, the company name, their complete mailing
        address, a legal property description of all aquaculture facilities, the actual physical street address for
        each aquaculture facility, a description of production facilities, a description of the aquaculture products
        to be produced, an annual registration fee of $100, documentation of compliance with DACS rules, and,
        for some applicants, a certificate of training.4 Each applicant is also required to comply with DACS-
        approved best management practices to ensure proper effluent treatment.5 Upon approval, DACS
        issues the applicant an aquaculture certificate of registration for a period of one year, which must be
        renewed each June 30 with the accompanying fee.6
        Certified aquaculture producers and dealers are permitted to sell aquaculture products except those
        otherwise prohibited by law and those for which the origin of the product is unknown.7 Specifically
        prohibited species include shellfish, snook, any fish of the genus Micropterus, and prohibited restricted
        freshwater and marine species identified by the Fish and Wildlife Conservation Commission (FWC).8
        Largemouth Bass
        The largemouth bass (Micropterus salmoides) is the best known and most popular game fish in North
        America. It is distinguishable from other black bass because the upper jaw extends beyond the rear
        edge of the eye, and the first and second dorsal fins are separated by a deep dip.9 There are many
        subspecies of largemouth bass, including the Florida largemouth bass and the northern largemouth
        bass, which are regulated differently.
        The Florida largemouth bass (Micropterus salmoides floridanus), also the state freshwater fish of
        Florida, may only be purchased from permitted hatcheries with pure Florida largemouth bass stocks
        authenticated by FWC.10 However, northern black largemouth bass (Micropterus salmoides salmoides)
1
  DACS, Division of Aquaculture, available at https://www.fdacs.gov/Divisions-Offices/Aquaculture (last visited Feb. 26, 2020).
2
  DACS, Aquaculture Certificate of Registration, available at https://www.fdacs.gov/Agriculture-Industry/Aquaculture/Aquaculture-
Certificate-of-Registration (last visited Feb. 26, 2020).
3
  Id.
4
  Section 597.004(1), F.S.; r. 5L-3.005(1)(i), F.A.C.
5
  Section 597.004(2), F.S.; r. 5L-3.005, F.A.C.
6
  Section 597.004(6)(a), F.S.
7
  Section 597.004(5), F.S.
8
  Id.
9
  FWC, Largemouth Bass, available at https://myfwc.com/wildlifehabitats/profiles/freshwater/largemouth-bass/ (last visited Mar. 3,
2021).
10
   FWC, Restricted Species, available at https://myfwc.com/fishing/freshwater/regulations/release/ (last visited Mar. 3, 2021).
STORAGE NAME: h0669c.SAC                                                                                                    PAGE: 2
DATE: 4/6/2021
         are on the conditional nonnative species list11 and are therefore prohibited from sale, possession, or
         transport unless otherwise authorized by FWC.12 Currently, both the Florida largemouth bass and the
         Northern largemouth bass are prohibited from being cultured and sold as food.13
         Effect of the Bill
         The bill authorizes the sale of Florida largemouth bass (Micropterus salmoides floridanus) by an
         aquaculture producer certified by DACS so long as the product of origin can be identified.
         The bill requires FWC to adopt rules to require any facility that cultures Florida largemouth bass to
         maintain stock acquisition documentation or records of genetic testing.
     B. SECTION DIRECTORY:
         Section 1.        Amends s. 597.004, F.S., to authorize the sale of largemouth bass.
         Section 2.        Provides an effective date of July 1, 2021.
                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
     A. FISCAL IMPACT ON STATE GOVERNMENT:
         1. Revenues:
             None.
         2. Expenditures:
             None.
     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
         1. Revenues:
             None.
         2. Expenditures:
             None.
     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill may have an indeterminate positive fiscal impact on certified aquaculture producers and
         dealers associated with the ability to offer Florida largemouth bass for sale.
     D. FISCAL COMMENTS:
         None.
                                                           III. COMMENTS
     A. CONSTITUTIONAL ISSUES:
         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. This bill does not appear to affect county or municipal governments.
11
   Conditional nonnative species are nonnative species that pose a risk to native fish and wildlife or to the ecology of native wildlife
communities. FWC, Conditional Nonnative Species List, available at https://myfwc.com/wildlifehabitats/nonnatives/conditional-
species-list/ (last visited Mar. 3, 2021); r. 68-5.004(1)(r), F.A.C.
12
   FWC, Restricted Species, available at https://myfwc.com/fishing/freshwater/regulations/release/ (last visited Mar. 3, 2021).
13
   Rule 68A-23.009(2)(c), F.A.C.
STORAGE NAME: h0669c.SAC                                                                                                           PAGE: 3
DATE: 4/6/2021
       2. Other:
          None.
   B. RULE-MAKING AUTHORITY:
       The bill requires FWC to adopt rules to require any facility that cultures Florida largemouth bass to
       maintain stock acquisition documentation or records of genetic testing.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   On March 23, 2021, the Environment, Agriculture & Flooding Subcommittee adopted an amendment and
   reported the bill favorably as a committee substitute. The amendment required FWC to adopt certain rules
   and authorized the sale of only Florida largemouth bass (Micropterus salmoides floidanus).
   This analysis is drafted to the committee substitute as approved by the Environment, Agriculture &
   Flooding Subcommittee.
STORAGE NAME: h0669c.SAC                                                                                   PAGE: 4
DATE: 4/6/2021
Statutes affected: 
H 669 Filed: 597.004