Senate Bill 1506

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    Florida Senate - 1998                                  SB 1506

    By Senator Latvala





    19-751A-98

  1                      A bill to be entitled

  2         An act relating to marine resources; amending

  3         s. 370.06, F.S.; providing qualifications for

  4         the issuance of a marine life endorsement on a

  5         saltwater products license; providing for a

  6         moratorium on the issuance of endorsements;

  7         providing for the transfer and reissuance of

  8         endorsements; providing for a report; amending

  9         s. 370.0608, F.S.; revising the distribution of

10         funds collected from the sale of recreational

11         saltwater fishing licenses; amending s.

12         370.092, F.S.; authorizing the Marine Fisheries

13         Commission to adopt rules specifying geographic

14         or temporal prohibitions on the possession of

15         specified nets; providing for the content of

16         the rules; directing the Marine Fisheries

17         Commission to adopt rules prohibiting the

18         simultaneous possession of gill or entangling

19         nets with any designated species that has been

20         harvested with such a net; providing for the

21         content of the prohibitions; providing

22         penalties; amending s. 370.093, F.S.; revising

23         criteria for illegal use of nets; authorizing

24         the Marine Fisheries Commission to adopt rules

25         implementing s. 370.093, F.S.; amending s.

26         370.142, F.S.; providing for a surcharge to be

27         assessed upon the initial transfer of a

28         transferable crawfish trap certificate outside

29         the original transferor's immediate family;

30         prohibiting the lease of lobster trap

31         certificates after July 1, 1998; providing

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    Florida Senate - 1998                                  SB 1506
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  1         additional penalties for violations relating to

  2         traps; providing for the continuation of the

  3         Marine Fisheries Commission notwithstanding its

  4         scheduled abolition; providing an effective

  5         date.

  6

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

  8

  9         Section 1.  Paragraph (d) of subsection (2) of section

10  370.06, Florida Statutes, is amended to read:

11         370.06  Licenses.--

12         (2)  SALTWATER PRODUCTS LICENSE.--

13         (d)1.  In addition to the saltwater products license, a

14  marine life fishing endorsement is shall be required for the

15  harvest of marine life species as defined by rule of the

16  Marine Fisheries Commission. This endorsement may be issued

17  only to a person who is at least 16 years of age or older or

18  to a corporation holding a valid restricted species

19  endorsement.

20         2.a.  Effective July 1, 1998, and until July 1, 2002, a

21  marine life endorsement may not be issued under this

22  paragraph, except that those endorsements that are active

23  during the 1997-1998 fiscal year may be renewed.

24         b.  In 1998, persons or corporations holding a marine

25  life endorsement that was active in the 1997-1998 fiscal year

26  or an immediate family member of that person must request

27  renewal of the marine life endorsement before December 31,

28  1998.

29         c.  In subsequent years and until July 1, 2002, a

30  marine life endorsement holder, or member of his or her

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    Florida Senate - 1998                                  SB 1506
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  1  immediate family, must request renewal of the marine life

  2  endorsement before September 30 of each year.

  3         d.  If a person or corporation holding an active marine

  4  life fishing endorsement or a member of that person's

  5  immediate family does not request renewal of the endorsement

  6  before the applicable dates specified in this paragraph, the

  7  department shall deactivate that marine life fishing

  8  endorsement.

  9         e.  In the event of the death or disability of a person

10  holding an active marine life fishing endorsement, the

11  endorsement may be transferred by the person to a member of

12  his or her immediate family or may be renewed by any person so

13  designated by the executor of the person's estate.

14         f.  Persons or corporations who hold saltwater product

15  licenses with marine life fishing endorsements issued to their

16  vessel registration numbers and who subsequently replace their

17  existing vessels with new vessels may transfer the existing

18  marine life fishing endorsement to the new boat registration

19  numbers.

20         g.  Persons or corporations who hold saltwater product

21  licenses with marine life fishing endorsements issued to their

22  name and who subsequently incorporate or unincorporate may

23  transfer the existing marine life fishing endorsement to the

24  new corporation or person.

25         h.  By July 1, 2000, the Marine Fisheries Commission

26  shall prepare a report regarding options for the establishment

27  of a limited-entry program for the marine life fishery and

28  submit the report to the Governor, the President of the

29  Senate, the Speaker of the House of Representatives, and the

30  chairs of the Senate and House committees having jurisdiction

31  over marine resources.

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  1         3.2.  The fee for a marine life fishery endorsement on

  2  a saltwater products license shall be $75.  These license fees

  3  shall be collected and deposited in the Marine Resources

  4  Conservation Trust Fund and used for the purchase and

  5  installation of vessel mooring buoys at coral reef sites and

  6  for research related to marine fisheries.

  7         Section 2.  Subsection (1) of section 370.0608, Florida

  8  Statutes, is amended to read:

  9         370.0608  Deposit of license fees; allocation of

10  federal funds.--

11         (1)  All license fees collected pursuant to s. 370.0605

12  shall be deposited into the Marine Resources Conservation

13  Trust Fund, to be used as follows:

14         (a)  Not more than 5 2.5 percent of the total fees

15  collected shall be for the Marine Fisheries Commission to be

16  used to carry out the responsibilities of the commission and

17  to provide for the award of funds to marine research

18  institutions in this state for the purposes of enabling such

19  institutions to conduct worthy marine research projects.

20         (b)  Not less than 2.5 percent of the total fees

21  collected shall be used for aquatic education purposes.

22         (c)1.  The remainder of such fees shall be used by the

23  department for the following program functions:

24         a.  Not more than 5 percent of the total fees

25  collected, for administration of the licensing program and for

26  information and education.

27         b.  Not more than 30 percent of the total fees

28  collected, for law enforcement.

29         c.  Not less than 27.5 30 percent of the total fees

30  collected, for marine research.

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  1         d.  Not less than 30 percent of the total fees

  2  collected, for fishery enhancement, including, but not limited

  3  to, fishery statistics development, artificial reefs, and fish

  4  hatcheries.

  5         2.  The Legislature shall annually appropriate to the

  6  Department of Environmental Protection from the General

  7  Revenue Fund for the activities and programs specified in

  8  subparagraph 1. at least the same amount of money as was

  9  appropriated to the department from the General Revenue Fund

10  for such activities and programs for fiscal year 1988-1989,

11  and the amounts appropriated to the department for such

12  activities and programs from the Marine Resources Conservation

13  Trust Fund shall be in addition to the amount appropriated to

14  the department for such activities and programs from the

15  General Revenue Fund. The proceeds from recreational saltwater

16  fishing license fees paid by fishers shall only be

17  appropriated to the Department of Environmental Protection.

18         Section 3.  Subsection (2) of section 370.092, Florida

19  Statutes, is amended, and paragraph (c) is added to subsection

20  (3) of that section, to read:

21         370.092  Carriage of proscribed nets across Florida

22  waters.--

23         (2)  Every vessel containing or otherwise transporting

24  in or on Florida waters any gill net or other entangling net

25  and every vessel containing or otherwise transporting in or on

26  nearshore and inshore Florida waters any net containing more

27  than 500 square feet of mesh area shall proceed as directly,

28  continuously, and expeditiously as possible from the place

29  where the vessel is regularly docked, moored, or otherwise

30  stored to waters where the use of said nets is lawful and from

31  waters where the use of said nets is lawful back to the place

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  1  where the vessel is regularly docked, moored, or otherwise

  2  stored or back to the licensed wholesale dealer where the

  3  catch is to be sold.  Exceptions shall be provided for docked

  4  vessels, for vessels which utilize nets in a licensed

  5  aquaculture operation, and for vessels containing trawl nets

  6  as long as the trawl's doors or frame are not deployed in the

  7  water.  Otherwise, hovering, drifting, and other similar

  8  activities inconsistent with the direct, continuous, and

  9  expeditious transit of such vessels shall be evidence of the

10  unlawful use of such nets.  The presence of fish in such a net

11  is not evidence of the unlawful use of the net if the vessel

12  is otherwise in compliance with this section. The Marine

13  Fisheries Commission may adopt rules specifying geographic or

14  temporal prohibitions on the possession of gill or entangling

15  nets or seines larger than 500 square feet in mesh area. The

16  rules must be based on the absence of legal federal waters

17  fisheries during times of the year when significant fisheries

18  are not legitimately conducted with gill or entangling nets or

19  on the unavailability of fisheries in state waters using

20  seines larger than 500 square feet in mesh area. Violation of

21  these rules is subject to the additional penalties specified

22  in subsection (4).

23         (3)

24         (c)  The Marine Fisheries Commission shall adopt rules

25  prohibiting the simultaneous possession of gill or entangling

26  nets with any designated species that has been harvested with

27  a gill or entangling net or the possession of any designated

28  fish that shows signs of such harvest. The prohibitions must

29  include possession on the water or at the facility of a

30  wholesale saltwater products dealer, but may not include any

31  species harvested in federal waters as part of a legitimate

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  1  fishery. Violation of these rules is subject to the additional

  2  penalties specified in subsection (4).

  3         Section 4.  Paragraph (b) of subsection (2) and

  4  subsection (6) of section 370.093, Florida Statutes, are

  5  amended to read:

  6         370.093  Illegal use of nets.--

  7         (2)

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

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

10  State Constitution.  Any net constructed wholly or partially

11  of monofilament or multi-strand monofilament multifilament

12  material other than a hand thrown cast net, or a handheld

13  landing or dip net, shall be considered to be an entangling

14  net within the prohibition of s. 16, Art. X of the State

15  Constitution unless specifically authorized by rule of the

16  commission. Multi-strand monofilament Multifilament material

17  does shall not be defined to include nets constructed of

18  braided or twisted nylon, cotton, linen twine, or

19  polypropylene twine. Unless authorized by rule of the Marine

20  Fisheries Commission adopted after July 1, 1995, a seine or

21  part of a seine may not have a mesh size larger than 2 inches

22  stretched mesh.

23         (6)  The Marine Fisheries Commission is granted

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

25  implementing this section and the prohibitions and

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

27         Section 5.  Subsection (2) of section 370.142, Florida

28  Statutes, is amended to read:

29         370.142  Spiny lobster trap certificate program.--

30         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

31  PENALTIES.--The Department of Environmental Protection shall

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  1  establish a trap certificate program for the spiny lobster

  2  fishery of this state and shall be responsible for its

  3  administration and enforcement as follows:

  4         (a)  Transferable trap certificates.--Each holder of a

  5  saltwater products license who uses traps for taking or

  6  attempting to take spiny lobsters shall be required to have a

  7  certificate on record for each trap possessed or used

  8  therefor, except as otherwise provided in this section.

  9         1.  The department shall initially allot such

10  certificates to each licenseholder with a current crawfish

11  trap number who uses traps.  The number of such certificates

12  allotted to each such licenseholder shall be based on the

13  trap/catch coefficient established pursuant to trip ticket

14  records generated under the provisions of s. 370.06(2)(a) over

15  a 3-year base period ending June 30, 1991. The trap/catch

16  coefficient shall be calculated by dividing the sum of the

17  highest reported single license-year landings up to a maximum

18  of 30,000 pounds for each such licenseholder during the base

19  period by 700,000. Each such licenseholder shall then be

20  allotted the number of certificates derived by dividing his or

21  her highest reported single license-year landings up to a

22  maximum of 30,000 pounds during the base period by the

23  trap/catch coefficient. Nevertheless, no licenseholder with a

24  current crawfish trap number shall be allotted fewer than 10

25  certificates. However, certificates may only be issued to

26  individuals; therefore, all licenseholders other than

27  individual licenseholders shall designate the individual or

28  individuals to whom their certificates will be allotted and

29  the number thereof to each, if more than one. After initial

30  issuance, trap certificates are transferable on a market basis

31  and may be transferred from one licenseholder to another for a

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  1  fair market value agreed upon between the transferor and

  2  transferee. Each such transfer shall, within 72 hours thereof,

  3  be recorded on a notarized form provided for that purpose by

  4  the department and hand delivered or sent by certified mail,

  5  return receipt requested, to the department for recordkeeping

  6  purposes. In addition, in order to cover the added

  7  administrative costs of the program and to recover an

  8  equitable natural resource rent for the people of the state, a

  9  transfer fee of $2 per certificate transferred shall be

10  assessed against the purchasing licenseholder and sent by

11  money order or cashier's check with the certificate transfer

12  form. Also, in addition to the transfer fee, a surcharge of $5

13  per certificate transferred or 25 percent of the actual fair

14  market value, whichever is greater, given to the transferor

15  shall be assessed the first time a certificate is transferred

16  outside the original transferor's immediate family. No

17  transfer of a certificate shall be effective until the

18  department receives the notarized transfer form and the

19  transfer fee, including any surcharge, is paid.  The

20  department may establish by rule an amount of equitable rent

21  per trap certificate that shall be recovered as partial

22  compensation to the state for the enhanced access to its

23  natural resources. In determining whether to establish such a

24  rent and, if so, the amount thereof, the department shall

25  consider the amount of revenues annually generated by

26  certificate fees, transfer fees, surcharges, trap license

27  fees, and sales taxes, the demonstrated fair market value of

28  transferred certificates, and the continued economic viability

29  of the commercial lobster industry. The proceeds of equitable

30  rent recovered shall be deposited in the Marine Resources

31  Conservation Trust Fund and used by the department for

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  1  research, management, and protection of the spiny lobster

  2  fishery and habitat.

  3         2.  No person, firm, corporation, or other business

  4  entity may control, directly or indirectly, more than 1.5

  5  percent of the total available certificates in any license

  6  year.

  7         3.  The department shall maintain records of all

  8  certificates and their transfers and shall annually provide

  9  each licenseholder with a statement of certificates held.

10         4.  The number of trap tags issued annually to each

11  licenseholder shall not exceed the number of certificates held

12  by the licenseholder at the time of issuance, and such tags

13  and a statement of certificates held shall be issued

14  simultaneously.

15         5.  Beginning July 1, 1998, and applicable to the

16  1998-1999 lobster season and thereafter, it is unlawful for

17  any person to lease lobster trap tags or certificates.

18         (b)  Trap tags.--Each trap used to take or attempt to

19  take spiny lobsters in state waters or adjacent federal waters

20  shall, in addition to the crawfish trap number required by s.

21  370.14(2), have affixed thereto an annual trap tag issued by

22  the department. Each such tag shall be made of durable plastic

23  or similar material and shall, beginning with those tags

24  issued for the 1993-1994 season based on the number of

25  certificates held, have stamped thereon the owner's license

26  number. To facilitate enforcement and recordkeeping, such tags

27  shall be issued each year in a color different from that of

28  each of the previous 3 years. A fee of 50 cents per tag issued

29  other than on the basis of a certificate held shall be

30  assessed through March 31, 1993. Until 1995, an annual fee of

31  50 cents per certificate shall be assessed, and thereafter,

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  1  until 1998, an annual fee of 75 cents per certificate shall be

  2  assessed upon issuance in order to recover administrative

  3  costs of the tags and the certificate program. Beginning in

  4  1998, the annual certificate fee shall be $1 per certificate.

  5  Replacement tags for lost or damaged tags may be obtained as

  6  provided by rule of the department.

  7         (c)  Prohibitions; penalties.--

  8         1.  It is unlawful for a person to possess or use a

  9  spiny lobster trap in or on state waters or adjacent federal

10  waters without having affixed thereto the trap tag required by

11  this section.  It is unlawful for a person to possess or use

12  any other gear or device designed to attract and enclose or

13  otherwise aid in the taking of spiny lobster by trapping that

14  is not a trap as defined in rule 46-24.006(2), Florida

15  Administrative Code.

16         2.  It is unlawful for a person to possess or use spiny

17  lobster trap tags without having the necessary number of

18  certificates on record as required by this section.

19         3.  In addition to any other penalties provided in s.

20  370.021 Unless otherwise provided in this section, a

21  commercial harvester, as defined by rule 46-24.002(1), Florida

22  Administrative Code, who violates the provisions of this

23  section, or the provisions relating to traps of chapter 46-24,

24  Florida Administrative Code, shall be punished as follows:

25         a.  If the first violation is for violation of

26  subparagraph 1. or subparagraph 2., the department shall

27  assess an additional a civil penalty of up to $1,000 and the

28  crawfish trap number issued pursuant to s. 370.14(2) or (7)

29  may be suspended for the remainder of the current license

30  year. For all other first violations, the department shall

31  assess an additional a civil penalty of up to $500.

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  1         b.  For a second violation of subparagraph 1. or

  2  subparagraph 2. which occurs within 24 months of any previous

  3  such violation, the department shall assess an additional a

  4  civil penalty of up to $2,000 and the crawfish trap number

  5  issued pursuant to s. 370.14(2) or (7) may be suspended for

  6  the remainder of the current license year.

  7         c.  For a third or subsequent violation of subparagraph

  8  1. or subparagraph 2. which occurs within 36 months of any

  9  previous two such violations, the department shall assess an

10  additional a civil penalty of up to $5,000 and may suspend the

11  crawfish trap number issued pursuant to s. 370.14(2) or (7)

12  for a period of up to 24 months or may revoke the crawfish

13  trap number and, if revoking the crawfish trap number, may

14  also proceed against the licenseholder's saltwater products

15  license in accordance with the provisions of s. 370.021(2)(e).

16         d.  Any person assessed an additional a civil penalty

17  pursuant to this section shall within 30 calendar days after

18  notification:

19         (I)  Pay the civil penalty to the department; or

20         (II)  Request an administrative hearing pursuant to the

21  provisions of s. 120.60.

22         e.  The department shall suspend the crawfish trap

23  number issued pursuant to s. 370.14(2) or (7) for any person

24  failing to comply with the provisions of sub-subparagraph d.

25         4.a.  It is unlawful for any person to make, alter,

26  forge, counterfeit, or reproduce a spiny lobster trap tag or

27  certificate.

28         b.  It is unlawful for any person to knowingly have in

29  his or her possession a forged, counterfeit, or imitation

30  spiny lobster trap tag or certificate.

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  1         c.  It is unlawful for any person to barter, trade,

  2  sell, supply, agree to supply, aid in supplying, or give away

  3  a spiny lobster trap tag or certificate or to conspire to

  4  barter, trade, sell, supply, aid in supplying, or give away a

  5  spiny lobster trap tag or certificate unless such action is

  6  duly authorized by the department as provided in this chapter

  7  or in the rules of the department.

  8         5.a.  Any person who violates the provisions of

  9  subparagraph 4., or any person who engages in the commercial

10  harvest, trapping, or possession of spiny lobster without a

11  crawfish trap number as required by s. 370.14(2) or (7) or

12  during any period while such crawfish trap number is under

13  suspension or revocation, commits a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         b.  In addition to any penalty imposed pursuant to

17  sub-subparagraph a., the department shall levy a fine of up to

18  twice the amount of the appropriate surcharge to be paid on

19  the fair market value of the transferred certificates, as

20  provided in subparagraph (a)1., on any person who violates the

21  provisions of sub-subparagraph 4.c.

22         6.  Any certificates for which the annual certificate

23  fee is not paid for a period of 3 years shall be considered

24  abandoned and shall revert to the department. During any

25  period of trap reduction, any certificates reverting to the

26  department shall become permanently unavailable and be

27  considered in that amount to be reduced during the next

28  license-year period. Otherwise, any certificates that revert

29  to the department are to be reallotted in such manner as

30  provided by the department.

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  1         7.  The proceeds of all civil penalties collected

  2  pursuant to subparagraph 3. and all fines collected pursuant

  3  to sub-subparagraph 5.b. shall be deposited into the Marine

  4  Resources Conservation Trust Fund.

  5         8.  All traps shall be removed from the water during

  6  any period of suspension or revocation.

  7         (d)  No vested rights.--The trap certificate program

  8  shall not create vested rights in licenseholders whatsoever

  9  and may be altered or terminated as necessary to protect the

10  spiny lobster resource, the participants in the fishery, or

11  the public interest.

12         Section 6.  Notwithstanding the provisions of section 2

13  of chapter 94-247, Laws of Florida, the statutory

14  authorization for the creation and functions of the Marine

15  Fisheries Commission, contained in sections 370.025-370.028,

16  Florida Statutes, shall not stand repealed as scheduled by

17  those provisions, but shall continue in full force and effect.

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

19  law.

20

21            *****************************************

22                          SENATE SUMMARY

23    Provides criteria for the transfer and reissuance of and
      the qualifications for a marine life fishing endorsement
24    on a saltwater products license. Revises the distribution
      of funds collected from recreational saltwater fishing
25    licenses. Provides for the Marine Fisheries Commission to
      adopt rules relating to nets. Prohibits the use of
26    certain size nets. Provides for a surcharge on the
      initial transfer of a crawfish trap certificate outside
27    of the immediate family. Prohibits the lease of lobster
      trap certificates after July 1, 1998. Provides additional
28    penalties for commercial harvesters for violations
      relating to crawfish traps. Provides for the continuation
29    of the Marine Fisheries Commission notwithstanding its
      scheduled 1999 abolition.
30

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