The Florida Senate

¹370.13  Stone crab; regulation.--

(1)

(a)  It is unlawful for any person, firm, or corporation to catch or have in his or her possession, regardless of where taken, for his or her own use or to sell or offer for sale, any stone crab, or parts thereof, of any size between May 15 and October 15 of each year, except for stone crabs, or parts thereof, placed in inventory prior to May 15 of each year.

(b)  "Stone crab" means the species Menippe mercenaria or any other species of the family Xanthidae as the Marine Fisheries Commission may define by rule.

(2)  Upon the arrest and conviction for a major violation involving stone crabs, the licenseholder must show just cause why his or her license should not be suspended or revoked. For the purposes of this subsection, a "major violation" means a major violation as prescribed in s. 370.021(2)(c) for illegal stone crabs; any single violation involving possession of more than 25 stone crabs during the closed season or possession of 25 or more whole-bodied or egg-bearing stone crabs; any violation for trap molestation, trap robbing, or pulling traps at night; or any combination of violations in any 3-consecutive-year period wherein more than 75 illegal stone crabs in the aggregate are involved.

(3)  Any law, general or special, in conflict with provisions of this section is hereby expressly repealed to the extent of such conflict.

(4)

(a)  It is unlawful for any person to willfully molest any stone crab trap, line, or buoy that is the property of any licenseholder, without the permission of that licenseholder.

(b)  Any person who violates paragraph (a) is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  Any gear, equipment, boat, vehicle, or item used in the violation of this section is subject to confiscation. In addition, the Department of Environmental Protection shall revoke the permit of any permitholder convicted of a violation of paragraph (1)(a) for a period of 1 year from the date of the conviction, and he or she is prohibited during that period from catching or having in his or her possession any stone crab for the person's own use or to sell or offer to sell, whether or not he or she is accompanied by the holder of a valid permit and regardless of where taken.

(6)

(a)  Effective July 1, 1995, and until July 1, 1999, no stone crab trap numbers issued pursuant to rule 46-3.002(2)(f), Florida Administrative Code, except those numbers that are active during the 1994-1995 fiscal year, shall be renewed or replaced.

(b)  In 1995, persons holding a trap number that was active in the 1994-1995 fiscal year, or an immediate family member of that person, must request renewal of the number prior to December 31, 1995.

(c)  In subsequent years and until July 1, 1999, a trap number holder, or members of his or her immediate family, must request renewal of the number prior to September 30 of each year.

(d)  If a person holding an active trap number, or a member of that person's immediate family, does not request renewal of the number before the applicable dates as specified in this subsection, the department shall deactivate that trap number.

(e)  In the event of the death of a person holding an active trap number, the trap number may be renewed by any person so designated by the executor of the estate.

(f)  Persons who hold saltwater products licenses with stone crab endorsements issued to their boat registration numbers and who subsequently replace their existing vessels with new vessels shall be permitted to transfer the existing licenses to the new boat registration numbers.

(7)  Beginning October 1995, stone crabs shall be designated as a restricted species pursuant to s. 370.01(20).

History.--s. 2, ch. 28145, 1953; s. 1, ch. 61-482; s. 1, ch. 63-3; s. 290, ch. 71-136; s. 1, ch. 71-335; s. 1, ch. 73-28; ss. 1, 2, ch. 74-141; s. 1, ch. 76-26; s. 1, ch. 77-142; s. 1, ch. 77-207; s. 1, ch. 80-299; s. 6, ch. 83-134; s. 2, ch. 84-121; ss. 11, 17, ch. 85-234; s. 5, ch. 86-219; ss. 1, 9, 19, ch. 86-240; ss. 4, 12, ch. 89-98; s. 227, ch. 94-356; s. 992, ch. 95-148; s. 36, ch. 95-196; s. 10, ch. 95-414.

¹Note.--Section 6, ch. 83-134, as amended by s. 2, ch. 84-121; by s. 5, ch. 86-219; and by s. 19, ch. 86-240, repealed the then-existing section effective July 1, 1984, and further provided that if the Governor and Cabinet had not adopted appropriate rules by July 1, 1984, this section would remain in force until such rules were effective. Section 9, ch. 83-134, provided that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 6, the Marine Fisheries Commission would hold a public hearing thereon, and no such amendment, readoption, or repeal would be acted upon until it had been determined, based upon appropriate findings of fact, that such action would not adversely affect the resource.