Senate Bill 1440

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)

    By Senator Latvala





    312-954A-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to marine resources (RAB); authorizing

  4         rulemaking and enforcement for preventing

  5         improper uses of state buffer preserves;

  6         providing penalties; amending s. 370.06, F.S.;

  7         authorizing rulemaking for issuance of

  8         special-activities licenses; amending s.

  9         370.12, F.S.; authorizing rulemaking for

10         issuance of special permits for conservation of

11         marine turtles; amending s. 370.25, F.S.;

12         authorizing rulemaking for inspection and

13         approval of artificial-reef-construction

14         materials; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  (1)  The Division of Marine Resources of

19  the Department of Environmental Protection may adopt rules

20  governing the management and use of state-owned or other

21  uplands above the mean high water line or ordinary high water

22  line which are assigned to it for management purposes. The

23  rules may include, but are not limited to, rules establishing

24  prohibited activities or restrictions on activities consistent

25  with the purposes for which the lands were acquired,

26  designated, or dedicated and rules charging fees for use of

27  the lands.

28         (2)  Any person who violates or otherwise fails to

29  comply with the rules adopted under this section is guilty of

30  a misdemeanor of the second degree, punishable as provided in

31  section 775.082 or section 775.083, Florida Statutes.

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)
    312-954A-98




  1         Section 2.  Subsection (4) of section 370.06, Florida

  2  Statutes, is amended to read:

  3         370.06  Licenses.--

  4         (4)  SPECIAL ACTIVITY LICENSES.--

  5         (a)  A special-activity license is required for any

  6  person to use gear or equipment not authorized by this chapter

  7  or by rules of the Marine Fisheries Commission for harvesting

  8  saltwater species. In accordance with this chapter, s. 16,

  9  Art. X of the State Constitution, and rules of the Marine

10  Fisheries Commission, the department may issue

11  special-activity licenses for the use of nonconforming gear or

12  equipment, including, but not limited to, trawl, seine and

13  entangling nets, traps, and hook-and-line gear, to be used in

14  harvesting saltwater species for scientific and governmental

15  purposes and, where allowable, for innovative fisheries.

16         (b)  The department may issue special-activity

17  licenses, in accordance with s. 370.071, to permit the harvest

18  or cultivation of oysters, clams, mussels, and crabs when the

19  activities relate to quality control, sanitation, public

20  health regulations, aquaculture, or the protection of

21  shellfish resources covered by this chapter. Any person who

22  seeks to use special gear or equipment in harvesting saltwater

23  species must purchase a special activity license as specified

24  by law to engage in such activities. The department may issue

25  special activity licenses, in accordance with s. 370.071, to

26  permit the cultivation of oysters, clams, mussels, and crabs

27  when such aquaculture activities relate to quality control,

28  sanitation, and public health regulations.  The department may

29  prescribe by rule special terms, conditions, and restrictions

30  for any special activity license.

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)
    312-954A-98




  1         (c)(b)  The department is authorized to issue special

  2  activity licenses in accordance with this section and s.

  3  370.31, to permit the importation, possession, and aquaculture

  4  of anadromous sturgeon.  The special activity license shall

  5  provide for best management practices to prevent the release

  6  and escape of cultured anadromous sturgeon and to protect

  7  indigenous populations of saltwater species from

  8  sturgeon-borne disease.

  9         (d)  The department may issue special-activity licenses

10  in accordance with ss. 370.071, and 370.101 and this section,

11  aquaculture permit consolidation procedures in s.

12  370.26(3)(a), and rules of the Marine Fisheries Commission to

13  permit the capture and possession of saltwater species that

14  are protected by law and used as stock for artificial

15  cultivation and propagation.

16         (e)  The department may adopt rules governing the

17  administration of special-activities licenses as provided in

18  this chapter and rules of the Marine Fisheries Commission. The

19  rules may prescribe application requirements and terms,

20  conditions, and restrictions for any special-activity license

21  requested under this section.

22         Section 3.  Paragraph (c) of subsection (1) of section

23  370.12, Florida Statutes, is amended to read:

24         370.12  Marine animals; regulation.--

25         (1)  PROTECTION OF MARINE TURTLES.--

26         (c)1.  Unless otherwise provided by the federal

27  Endangered Species Act or its implementing regulations, no

28  person may take, possess, disturb, mutilate, destroy, cause to

29  be destroyed, sell, offer for sale, transfer, molest, or

30  harass any marine turtle or its nest or eggs at any time.  For

31  purposes of this subsection, "take" means an act which

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)
    312-954A-98




  1  actually kills or injures marine turtles, and includes

  2  significant habitat modification or degradation that kills or

  3  injures marine turtles by significantly impairing essential

  4  behavioral patterns, such as breeding, feeding, or sheltering.

  5         2.  Unless otherwise provided by the federal Endangered

  6  Species Act or its implementing regulations, no person, firm,

  7  or corporation may take, kill, disturb, mutilate, molest,

  8  harass, or destroy any marine turtle.

  9         3.  No person, firm, or corporation may possess any

10  marine turtle or parts thereof unless it is in possession of a

11  special permit or loan agreement from the department enabling

12  the holder to possess a marine turtle or parts thereof for

13  scientific, educational, or exhibitional purposes.

14  Notwithstanding any other provision of law, the department may

15  issue such authorizations to any properly accredited person

16  for the purpose of marine turtle conservation upon such terms,

17  conditions, and restrictions as it prescribes by rule. The

18  department may adopt rules permitting the possession of marine

19  turtles under this paragraph.

20         Section 4.  Subsections (6) and (7) of section 370.25,

21  Florida Statutes, are amended to read:

22         370.25  Artificial fishing reef program; construction

23  grants to local governments.--

24         (6)  It is unlawful for any person to:

25         (a)  Place artificial-reef-construction materials in

26  state water outside zones permitted under the terms and

27  conditions defined in the applicable environmental permits and

28  under United States Army Corps of Engineers permits held by

29  the department or a local government.

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)
    312-954A-98




  1         (b)  Place in state waters artificial-reef-construction

  2  materials that have not been inspected and approved by the

  3  department or a department-certified inspector.

  4         (c)  The department may adopt rules to administer this

  5  subsection and may by rule prescribe procedures and criteria

  6  for the inspection and approval of

  7  artificial-reef-construction materials under s. 120.536.

  8         (7)(a)  An initial violation of subsection (6) (4) is a

  9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083. A subsequent violation of subsection

11  (6) (4) which is committed within 12 months after a previous

12  violation of that subsection is a felony of the third degree,

13  punishable as provided in s. 775.082, or s. 775.083, or s.

14  775.084.

15         (b)  If a violation of paragraph (4)(a), paragraph

16  (4)(c), or paragraph (4)(d) occurs, a law enforcement officer

17  may must terminate a vessel's voyage and order the vessel

18  operator to return immediately to port. The vessel operator

19  must immediately dispose of the materials on shore according

20  to applicable waste disposal laws.

21         (c)  If, at the time of the violation, the vessel that

22  is involved in the violation:

23         1.  Is moored, the registered owner of the vessel is

24  responsible for the violation.

25         2.  Is underway, the captain or operator of the vessel

26  and the registered owner of the vessel are jointly responsible

27  for the violation.

28         (d)  In addition to the penalties imposed in paragraph

29  (7) (5)(a), any person convicted of violating subsection (4),

30  regardless of whether adjudication was withheld or imposition

31  of sentence deferred or suspended, the department shall assess

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    Florida Senate - 1998                 SB 1440 (Corrected Copy)
    312-954A-98




  1  civil penalties of up to $5,000 against any person convicted

  2  of violating subsection (6), and may suspend or revoke the

  3  vessel registration and may revoke existing reef-construction

  4  permits and other state marine licenses held by the violator.

  5  For the purposes of this section, a conviction includes any

  6  judicial disposition other than acquittal or dismissal.

  7         Section 5.  This act shall take effect upon becoming a

  8  law.

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11                          SENATE SUMMARY

12    Authorizes the Department of Environmental Protection to
      adopt rules relating to management and use of uplands,
13    special-activities permits, special marine turtle
      permits, and inspection and approval of
14    artificial-reef-construction materials. Provides
      penalties.
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