SENATE AMENDMENT

    Bill No. CS for SB 1506

    Amendment No.    

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11  Senator Latvala moved the following amendment:

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13         Senate Amendment 

14         On page 15, lines 22-28, delete those lines

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16  and insert:

17         Section 5.  Section 370.093, Florida Statutes, is

18  amended to read:

19         370.093  Illegal use of nets.--

20         (1)  It is unlawful to take or harvest, or to attempt

21  to take or harvest, any marine life in Florida waters with any

22  net that is not consistent with the provisions of s. 16, Art.

23  X of the State Constitution.

24         (2)(a)  Beginning July 1, 1998, it is also unlawful to

25  take or harvest, or to attempt to take or harvest, any marine

26  life in Florida waters with any net, as defined in subsection

27  (3) and any attachments to such net, that combined are larger

28  than 500 square feet and have not been expressly authorized

29  for such use by rule of the Marine Fisheries Commission under

30  s. 370.027.  The use of currently legal shrimp trawls and

31  purse seines outside nearshore and inshore Florida waters

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1506

    Amendment No.    





 1  shall continue to be legal until the commission implements

 2  rules regulating those types of gear.

 3         (b)  The use of gill or entangling nets of any size is

 4  prohibited, as such nets are defined in s. 16, Art. X of the

 5  State Constitution.  Any net constructed wholly or partially

 6  of monofilament or multifilament material, other than a hand

 7  thrown cast net, or a handheld landing or dip net, shall be

 8  considered to be an entangling net within the prohibition of

 9  s. 16, Art. X of the State Constitution unless specifically

10  authorized by rule of the commission. Multifilament material

11  shall not be defined to include nets constructed of braided or

12  twisted nylon, cotton, linen twine, or polypropylene twine.

13         (c)  This subsection shall not be construed to apply to

14  aquaculture activities licenses issued pursuant to s. 370.26.

15         (3)  As used in s. 16, Art. X of the State Constitution

16  and this subsection, the term "net" or "netting" must be

17  broadly construed to include all manner or combination of mesh

18  or webbing or any other solid or semisolid fabric or other

19  material used to comprise a device that is used to take or

20  harvest marine life.

21         (4)  Upon the arrest of any person for violation of

22  this subsection, the arresting officer shall seize the nets

23  illegally used. Upon conviction of the offender, the arresting

24  authority shall destroy the nets.

25         (5)  Any person who violates this section shall be

26  punished as provided in s. 370.092(4).

27         (6)  The Marine Fisheries Commission is granted

28  authority to adopt rules pursuant to ss. 370.025 and 370.027

29  implementing this section and the prohibitions and

30  restrictions of s. 16, Art. X of the State Constitution.

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