March 24, 2005

State Agencies Work Together To Close The Door On "Backdoor" Seafood Sales

The Florida Fish and Wildlife Conservation Commission (FWC) is stepping up efforts to keep the Sunshine State's seafood markets safe and fair. As part of "Operation No More Back Door," the agency has partnered with the Florida Department of Agriculture and Consumer Services (FDACS) and the Florida Department of Business and Professional Regulation (DBPR) to target people and businesses illegally buying, selling, packaging or mislabeling seafood products.

"For years, FWC officers have worked on the illegal backdoor sales of regulated fish to ensure only licensed fishermen are selling products," said Lt. Col. Don Holway, FWC deputy director of law enforcement. "Partnering with other agencies responsible for regulating the wholesomeness and integrity of seafood products makes sense for businesses and consumers."

Snagging fishermen or dealers illegally selling or buying their catch often requires covert operations involving long hours and additional manpower. FWC investigators may pose as recreational fishermen and attempt to make a backdoor sale or purchase and perform DNA testing on fishery products suspected to be mislabeled. During these covert investigations, FWC officers can uncover violations that are outside the agency's purview, so they will pass that information on to FDACS or DBPR for action.

"We are confident this partnership with other agencies will prove to be an effective use of state resources that will benefit our Florida fisheries and consumers," said Maj. Gary Strickland, FWC statewide investigations coordinator. "This will ensure commercial fishermen receive a fair market price for their products and consumers get what they pay for."

FDACS is sending food safety inspectors to supermarkets, fish stores and other establishments that sell fish on the retail level to check delivery boxes for accurate labeling of fish species, according to Florida Agriculture Commissioner Charles H. Bronson. Samples can be tested for species identification at the department's food lab or at FWC's facility.

At the same time, Bronson's Office of Agricultural Law Enforcement, which inspects commercial vehicles entering or leaving Florida, has scanned documents involving more than 500 shipments of seafood transported through FDACS's interdiction stations at I-10, I-75 and I-95. The documents are accessible to the FWC and provide a snapshot of the seafood entering and leaving Florida.

DBPR reminds its licensees that all food for sale must be obtained from sources that comply with the law.

"DBPR verifies that food is obtained from the proper sources during the inspection of food service establishments," said Geoff Luebkemann, DBPR's Division of Hotels and Restaurants director. "Operators purchasing seafood products from unlicensed individuals, retailers or wholesalers are in violation of Florida law."

Seafood products must be commercially and legally caught or harvested, and purchased only from licensed commercial fishermen or certified aquaculturists. Recreationally caught or harvested shellfish may not be received for sale or service by food service establishments. Operators should also be particularly attentive to food descriptions. Any means used to promote or advertise food items for sale including menus, "blackboard" or "specials" listings - must be accurate and truthful. Seafood species cannot legally be substituted for one another and must be accurately and truthfully promoted and sold using the correct species name.

"Failure to accurately and truthfully offer food items for sale, such as undisclosed substitution of one type of fish for another, also violates Florida law," Luebkemann said.

Stone crab season, from October 15 through May 14 each year, also provides an opportunity to be alert for unlawful sources, labeling or misrepresentation. Only two species of stone crab - Menippi adina and Menippi mercenaria and their hybrids, harvested in Florida, other Gulf Coast states and the Caribbean may be labeled "stone crab."

Operation No More Back Door began in mid-February and will continue for several months. Anyone with information about these or any other resource violations can call Wildlife Alert at (888) 404-FWCC or visit MyFWC.com to report them. They may qualify for rewards.

For more information:

FDACS
Terence McElroy
(850) 488-3022
mcelrot@doacs.state.fl.us

FWC
Kim Jamerson
(850) 488-1638

DBPR
Kristen Ploska
(850) 922-8981