(1) The executive director may issue permits authorizing the taking or possession of wildlife or freshwater fish or their nests or eggs for scientific, educational, exhibition, propagation, management or other justifiable purposes. Such permits shall be subject to such terms, conditions and restrictions as may be prescribed therein, provided that no such permits shall be operative as to migratory birds unless the holder thereof has a permit or other authorization from the U.S. Fish and Wildlife Service permitting the taking, exhibiting, or possession of such birds, their nests or eggs. Failure to abide by all terms and conditions stipulated in any written permit issued by the executive director shall be a violation of this section.

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    (2) Employees of the Commission may take wildlife or freshwater fish or their nests or eggs for scientific, educational, propagation, exhibition or other justifiable purposes when such taking has been authorized by the executive director or is essential to the performance of their assigned duties. The authority granted under this section shall not be construed to exempt any person from purchasing hunting or fishing licenses as required by Florida Statutes § 379.354 The executive director may issue permits authorizing the taking or managing of wildlife or freshwater fish for specified commercial purposes.
    (3) Commission volunteers may take wildlife or freshwater fish or their nests or eggs for scientific, educational, propagation, exhibition or other justifiable purposes provided that:
    (a) Such taking is pursuant to a volunteer program approved by the Division/Office director or his or her designee;
    (b) The Division/Office director or his or her designee has approved specific conditions under which wildlife or freshwater fish or their nests or their eggs may be taken by volunteers; and,
    (c) The volunteers are in possession of written authorization from the volunteer program’s Volunteer Program Coordinator or Volunteer Workday Leader specifying those conditions.
    (4) The Executive Director shall issue permits to fishing tournaments, with 6 or more participants, to allow temporary possession of fish not meeting applicable size restrictions, provided that all fish caught in the tournament are live-released following weigh-in and that fish are handled in accordance with the Commission’s scientific guidelines. Post tournament reporting must be completed and submitted to the Commission. Application instructions and permit requirements, including the Commission’s scientific guidelines and instructions for completing the post tournament reporting, may be accessed at http://myfwc.com/license/freshwater/bass-tournament/ and are contained in a document titled “”Black Bass Tournament Exemption (Permit) Stipulations,”” Form #BBTE rev2019 (effective September 2019), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11215, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-9.02, Amended 12-25-95, 4-1-96, Formerly 39-9.002, Amended 7-1-02, 3-21-10, 1-11-17, 11-5-19.