Senate Bill 1506er

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    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1

  2         An act relating to marine resources; amending

  3         s. 253.72, F.S.; amending s. 370.01, F.S.;

  4         defining food fish for human consumption;

  5         providing restrictions for certain areas for

  6         harvesting shellfish; amending s. 370.06, F.S.;

  7         providing an exemption for totally disabled

  8         residents for a restricted species endorsement;

  9         providing qualifications for the issuance of a

10         marine life endorsement on a saltwater products

11         license; providing for a moratorium on the

12         issuance of endorsements; providing for the

13         transfer and reissuance of endorsements;

14         providing for a report; amending s. 370.0608,

15         F.S.; revising the distribution of funds

16         collected from the sale of recreational

17         saltwater fishing licenses; amending s.

18         370.092, F.S.; creating a major violation for

19         the possession of specified nets on certain

20         vessels; providing specific rulemaking

21         authority for the regulation of nets on boats

22         of a specific length; directing the Marine

23         Fisheries Commission to adopt rules prohibiting

24         the possession and sale of mullet taken in

25         illegal gill or entangling nets; providing a

26         penalty for violations; prohibiting the use of

27         certain nets composed of specified materials;

28         providing a definition; amending s. 370.093,

29         F.S.; authorizing the Marine Fisheries

30         Commission to adopt rules implementing s.

31         370.093, F.S.; amending s. 370.1405, F.S.;


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  1         authorizing the Department of Environmental

  2         Protection to adopt certain rules; amending s.

  3         370.142, F.S.; providing for a surcharge to be

  4         assessed upon the initial transfer of a

  5         transferable crawfish trap certificate outside

  6         the original transferor's immediate family;

  7         prohibiting the lease of lobster trap

  8         certificates after July 1, 1998; providing

  9         additional penalties for violations relating to

10         traps; providing for the continuation of the

11         Marine Fisheries Commission notwithstanding its

12         scheduled abolition; amending s. 370.13, F.S.;

13         restricting the issuance of stone crab trap

14         numbers until July 1, 2000; providing for

15         renewal under certain circumstances; amending

16         s. 370.135, F.S.; restricting the issuance of

17         new blue crab endorsements for a certain period

18         of time; providing for renewal or replacement

19         under certain circumstances; amending s.

20         370.021, F.S.; providing additional penalties

21         for violations involving buying saltwater

22         products from an unlicensed seller or the sale

23         of saltwater products by an unlicensed seller;

24         authorizing the suspension, revocation, or

25         denial of renewal of licenses for specified

26         major violations involving finfish, shrimp,

27         marine life species, crawfish, stone crabs, and

28         blue crabs; requiring clerks of courts to

29         certify the final disposition of specified

30         court proceedings to the Department of

31         Environmental Protection; amending s. 370.07,


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    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1         F.S.; authorizing the sharing of wholesale

  2         saltwater products dealer reports with other

  3         states under specified conditions; providing

  4         civil penalties for violation of recordkeeping

  5         and reporting requirements; prohibiting a

  6         licensed retail dealer or a licensed restaurant

  7         from buying saltwater products from any person

  8         other than a licensed wholesale or retail

  9         dealer; repealing s. 370.1127, F.S., relating

10         to mullet regulation west of the Ochlockonee

11         River; amending s. 373.046, F.S.; clarifying

12         jurisdiction over aquaculture activities;

13         providing exemption for management and storage

14         of surface water; amending s. 403.0885, F.S.;

15         providing exemptions from the state National

16         Pollutant Discharge Elimination System program;

17         providing an effective date.

18

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

20

21         Section 1.  Subsection (3) is added to section 253.72,

22  Florida Statutes, to read:

23         253.72  Marking of leased areas; restrictions on public

24  use.--

25         (3)  To assist in protecting shellfish aquaculture

26  products produced on leases authorized pursuant to this

27  chapter and chapter 370, harvesting shellfish is prohibited

28  within a distance of 25 feet outside lawfully marked lease

29  boundaries or within setback and access corridors within

30  specifically designated high-density aquaculture lease areas

31  and aquaculture use zones.


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    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1         Section 2.  Subsection (12) of section 370.01, Florida

  2  Statutes, is amended to read:

  3         370.01  Definitions.--In construing these statutes,

  4  where the context does not clearly indicate otherwise, the

  5  word, phrase, or term:

  6         (12)  "Food fish" shall include mullet, trout, redfish,

  7  sheepshead, pompano, mackerel, bluefish, red snapper, grouper,

  8  black drum, jack crevalle, and all other fish generally used

  9  for human consumption.

10         Section 3.  Subsection (2) of section 370.06, Florida

11  Statutes, is amended to read:

12         370.06  Licenses.--

13         (2)  SALTWATER PRODUCTS LICENSE.--

14         (a)  Every person, firm, or corporation that sells,

15  offers for sale, barters, or exchanges for merchandise any

16  saltwater products, or which harvests saltwater products with

17  certain gear or equipment as specified by law, must have a

18  valid saltwater products license, except that the holder of an

19  aquaculture certificate is not required to purchase and

20  possess a saltwater products license in order to possess,

21  transport, or sell marine aquaculture products.  Each

22  saltwater products license allows the holder to engage in any

23  of the activities for which the license is required. The

24  license must be in the possession of the licenseholder or

25  aboard the vessel and shall be subject to inspection at any

26  time that harvesting activities for which a license is

27  required are being conducted. A restricted species endorsement

28  on the saltwater products license is required to sell to a

29  licensed wholesale dealer those species which the state, by

30  law or rule, has designated as "restricted species." This

31  endorsement may be issued only to a person who is at least 16


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    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1  years of age, or to a firm certifying that over 25 percent of

  2  its income or $5,000 of its income, whichever is less, is

  3  attributable to the sale of saltwater products pursuant to a

  4  license issued under this paragraph or a similar license from

  5  another state. This endorsement may also be issued to a

  6  for-profit corporation if it certifies that at least $5,000 of

  7  its income is attributable to the sale of saltwater products

  8  pursuant to a license issued under this paragraph or a similar

  9  license from another state. However, if at least 50 percent of

10  the annual income of a person, firm, or for-profit corporation

11  is derived from charter fishing, the person, firm, or

12  for-profit corporation must certify that at least $2,500 of

13  the income of the person, firm, or corporation is attributable

14  to the sale of saltwater products pursuant to a license issued

15  under this paragraph or a similar license from another state,

16  in order to be issued the endorsement. Such income attribution

17  must apply to at least 1 year out of the last 3 years. For the

18  purpose of this section "income" means that income which is

19  attributable to work, employment, entrepreneurship, pensions,

20  retirement benefits, and social security benefits.

21         1.  The department is authorized to require

22  verification of such income. Acceptable proof of income earned

23  from the sale of saltwater products shall be:

24         a.  Copies of trip ticket records generated pursuant to

25  this subsection (marine fisheries information system),

26  documenting qualifying sale of saltwater products;

27         b.  Copies of sales records from locales other than

28  Florida documenting qualifying sale of saltwater products;

29         c.  A copy of the applicable federal income tax return,

30  including Form 1099 attachments, verifying income earned from

31  the sale of saltwater products;


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  1         d.  Crew share statements verifying income earned from

  2  the sale of saltwater products; or

  3         e.  A certified public accountant's notarized statement

  4  attesting to qualifying source and amount of income.

  5

  6  Any provision of this section or any other section of the

  7  Florida Statutes to the contrary notwithstanding, any person

  8  who owns a retail seafood market and/or restaurant at a fixed

  9  location for at least 3 years who has had an occupational

10  license for 3 years prior to January 1, 1990, who harvests

11  saltwater products to supply his or her retail store and has

12  had a saltwater products license for 1 of the past 3 years

13  prior to January 1, 1990, may provide proof of his or her

14  verification of income and sales value at the person's retail

15  seafood market and/or restaurant and in his or her saltwater

16  products enterprise by affidavit and shall thereupon be issued

17  a restricted species endorsement.

18         2.  Exceptions from income requirements shall be as

19  follows:

20         a.  A permanent restricted species endorsement shall be

21  available to those persons age 62 and older who have qualified

22  for such endorsement for at least 3 out of the last 5 years.

23         b.  Active military duty time shall be excluded from

24  consideration of time necessary to qualify and shall not be

25  counted against the applicant for purposes of qualifying.

26         c.  Upon the sale of a used commercial fishing vessel

27  owned by a person, firm, or corporation possessing or eligible

28  for a restricted species endorsement, the purchaser of such

29  vessel shall be exempted from the qualifying income

30  requirement for the purpose of obtaining a restricted species

31


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    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1  endorsement for a period of 1 year after purchase of the

  2  vessel.

  3         d.  Upon the death or permanent disablement of a person

  4  possessing a restricted species endorsement, an immediate

  5  family member wishing to carry on the fishing operation shall

  6  be exempted from the qualifying income requirement for the

  7  purpose of obtaining a restricted species endorsement for a

  8  period of 1 year after the death or disablement.

  9         e.  A restricted species endorsement may be issued on

10  an individual saltwater products license to a person age 62 or

11  older who documents that at least $2,500 is attributable to

12  the sale of saltwater products pursuant to the provisions of

13  this paragraph.

14         f.  A permanent restricted species endorsement may also

15  be issued on an individual saltwater products license to a

16  person age 70 or older who has held a saltwater products

17  license for at least 3 of the last 5 license years.

18         g.  Any resident who is certified to be totally and

19  permanently disabled by a verified written statement, based

20  upon the criteria for permanent total disability in chapter

21  440 from a physician licensed in this state, by any branch of

22  the United States Armed Services, by the Social Security

23  Administration, or by the United States Department of Veterans

24  Affairs or its predecessor, or any resident who holds a valid

25  identification card issued by the Department of Veterans'

26  Affairs pursuant to s. 295.17, shall be exempted from the

27  income requirements if he or she also has held a saltwater

28  products license for at least 3 of the last 5 license years

29  prior to the date of the disability. A Disability Award Notice

30  issued by the United States Social Security Administration is

31  not sufficient certification for a resident to obtain the


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  1  income exemption unless the notice certifies that the resident

  2  is totally and permanently disabled.

  3

  4  At least one saltwater products license bearing a restricted

  5  species endorsement shall be aboard any vessel harvesting

  6  restricted species in excess of any bag limit or when fishing

  7  under a commercial quota or in commercial quantities, and such

  8  vessel shall have a commercial vessel registration. This

  9  subsection does not apply to any person, firm, or corporation

10  licensed under s. 370.07(1)(a)1. or (b) for activities

11  pursuant to such licenses. A saltwater products license may be

12  issued in the name of an individual or a valid boat

13  registration number. Such license is not transferable. A decal

14  shall be issued with each saltwater products license issued to

15  a valid boat registration number. The saltwater products

16  license decal shall be the same color as the vessel

17  registration decal issued each year pursuant to s. 327.11(7)

18  and shall indicate the period of time such license is valid.

19  The saltwater products license decal shall be placed beside

20  the vessel registration decal and, in the case of an

21  undocumented vessel, shall be placed so that the vessel

22  registration decal lies between the vessel registration number

23  and the saltwater products license decal. Any saltwater

24  products license decal for a previous year shall be removed

25  from a vessel operating on the waters of the state. A resident

26  shall pay an annual license fee of $50 for a saltwater

27  products license issued in the name of an individual or $100

28  for a saltwater products license issued to a valid boat

29  registration number. A nonresident shall pay an annual license

30  fee of $200 for a saltwater products license issued in the

31  name of an individual or $400 for a saltwater products license


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  1  issued to a valid boat registration number. An alien shall pay

  2  an annual license fee of $300 for a saltwater products license

  3  issued in the name of an individual or $600 for a saltwater

  4  products license issued to a valid boat registration number.

  5  Any person who sells saltwater products pursuant to this

  6  license may sell only to a licensed wholesale dealer. A

  7  saltwater products license must be presented to the licensed

  8  wholesale dealer each time saltwater products are sold, and an

  9  imprint made thereof. The wholesale dealer shall keep records

10  of each transaction in such detail as may be required by rule

11  of the Department of Environmental Protection not in conflict

12  with s. 370.07(6), and shall provide the holder of the

13  saltwater products license with a copy of the record. It is

14  unlawful for any licensed wholesale dealer to buy saltwater

15  products from any unlicensed person under the provisions of

16  this section, except that a licensed wholesale dealer may buy

17  from another licensed wholesale dealer. It is unlawful for any

18  licensed wholesale dealer to buy saltwater products designated

19  as "restricted species" from any person, firm, or corporation

20  not possessing a restricted species endorsement on his or her

21  saltwater products license under the provisions of this

22  section, except that a licensed wholesale dealer may buy from

23  another licensed wholesale dealer. The Department of

24  Environmental Protection shall be the licensing agency, may

25  contract with private persons or entities to implement aspects

26  of the licensing program, and shall establish by rule a marine

27  fisheries information system in conjunction with the licensing

28  program to gather fisheries data.

29         (b)  Any person who sells, offers for sale, barters, or

30  exchanges for merchandise saltwater products must have a

31  method of catch preservation which meets the requirements and


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  1  standards of the seafood quality control code promulgated by

  2  the Department of Environmental Protection.

  3         (c)  A saltwater products license is required to

  4  harvest commercial quantities of saltwater products.  Any

  5  vessel from which commercial quantities of saltwater products

  6  are harvested must have a commercial vessel registration.

  7  Commercial quantities of saltwater products shall be defined

  8  as:

  9         1.  With respect to those species for which no bag

10  limit has been established, more than 100 pounds per person

11  per day, provided that the harvesting of two fish or less per

12  person per day shall not be considered commercial quantities

13  regardless of aggregate weight; and

14         2.  With respect to those species for which a bag limit

15  has been established, more than the bag limit allowed by law

16  or rule.

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

18  marine life fishing endorsement is shall be required for the

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

20  Marine Fisheries Commission. This endorsement may be issued

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

22  to a corporation holding a valid restricted species

23  endorsement.

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

25  marine life endorsement may not be issued under this

26  paragraph, except that those endorsements that are active

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

28         b.  In 1998 persons or corporations holding a marine

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

30  or an immediate family member of that person must request

31


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  1  renewal of the marine life endorsement before December 31,

  2  1998.

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

  4  marine life endorsement holder or member of his or her

  5  immediate family must request renewal of the marine life

  6  endorsement before September 30 of each year.

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

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

  9  immediate family does not request renewal of the endorsement

10  before the applicable dates specified in this paragraph, the

11  department shall deactivate that marine life fishing

12  endorsement.

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

14  holding an active marine life fishing endorsement, the

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

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

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

18         f.  Persons or corporations who hold saltwater product

19  licenses with marine life fishing endorsements issued to their

20  vessel registration numbers and who subsequently replace their

21  existing vessels with new vessels may transfer the existing

22  marine life fishing endorsement to the new boat registration

23  numbers.

24         g.  Persons or corporations who hold saltwater product

25  licenses with marine life fishing endorsements issued to their

26  name and who subsequently incorporate or unincorporate may

27  transfer the existing marine life fishing endorsement to the

28  new corporation or person.

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

30  shall prepare a report regarding options for the establishment

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


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

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

  3  chairs of the Senate and House committees having jurisdiction

  4  over marine resources.

  5         3.2.  The fee for a marine life fishery endorsement on

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

  7  shall be collected and deposited in the Marine Resources

  8  Conservation Trust Fund and used for the purchase and

  9  installation of vessel mooring buoys at coral reef sites and

10  for research related to marine fisheries.

11         Section 4.  Subsection (1) of section 370.0608, Florida

12  Statutes, is amended to read:

13         370.0608  Deposit of license fees; allocation of

14  federal funds.--

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

16  shall be deposited into the Marine Resources Conservation

17  Trust Fund, to be used as follows:

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

19  collected shall be for the Marine Fisheries Commission to be

20  used to carry out the responsibilities of the commission and

21  to provide for the award of funds to marine research

22  institutions in this state for the purposes of enabling such

23  institutions to conduct worthy marine research projects.

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

25  collected shall be used for aquatic education purposes.

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

27  department for the following program functions:

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

29  collected, for administration of the licensing program and for

30  information and education.

31


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

  2  collected, for law enforcement.

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

  4  collected, for marine research.

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

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

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

  8  hatcheries.

  9         2.  The Legislature shall annually appropriate to the

10  Department of Environmental Protection from the General

11  Revenue Fund for the activities and programs specified in

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

13  appropriated to the department from the General Revenue Fund

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

15  and the amounts appropriated to the department for such

16  activities and programs from the Marine Resources Conservation

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

18  the department for such activities and programs from the

19  General Revenue Fund. The proceeds from recreational saltwater

20  fishing license fees paid by fishers shall only be

21  appropriated to the Department of Environmental Protection.

22         Section 5.  Subsection (3) of section 370.092, Florida

23  Statutes, is amended to read:

24         370.092  Carriage of proscribed nets across Florida

25  waters.--

26         (3)(a)  Notwithstanding subsections (1) and (2), unless

27  authorized by rule of the Marine Fisheries Commission, it is a

28  major violation under this section, punishable as provided in

29  subsection (4), for any person, firm, or corporation to

30  possess any gill or entangling net, or any seine net larger

31  than 500 square feet in mesh area, on any airboat or on any


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  1  other vessel less than 22 feet in length and on any vessel

  2  less than 25 feet if primary power of the vessel is mounted

  3  forward of the vessel center point. Gill or entangling nets

  4  shall be as defined in s. 16, Art. X of the State

  5  Constitution, s. 370.093(2)(b), or in a rule of the Marine

  6  Fisheries Commission implementing s. 16, Art. X of the State

  7  Constitution. Vessel length shall be determined in accordance

  8  with current U.S. Coast Guard regulations specified in the

  9  Code of Federal Regulations or as titled by the State of

10  Florida. The Marine Fisheries Commission is directed to

11  initiate by July 1, 1998, rulemaking to adjust by rule the use

12  of gear on vessels longer than 22 feet where the primary power

13  of the vessel is mounted forward of the vessel center point in

14  order to prevent the illegal use of gill and entangling nets

15  in state waters and to provide reasonable opportunities for

16  the use of legal net gear in adjacent federal waters.

17         (b)(a)  It shall be a major violation pursuant to this

18  section and shall be punished as provided in subsection (4)

19  for any person, firm, or corporation to be simultaneously in

20  possession of any species of mullet in excess of the

21  recreational daily bag limit and any gill or other entangling

22  net as defined in s. 16(c), Art. X of the State Constitution.

23  Simultaneous possession under this provision shall include

24  possession of mullet and gill or other entangling nets on

25  separate vessels or vehicles where such vessels or vehicles

26  are operated in coordination with one another including

27  vessels towed behind a main vessel. This subsection does not

28  prohibit a resident of this state from transporting on land,

29  from Alabama to this state, a commercial quantity of mullet

30  together with a gill net if:

31


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    ENROLLED

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  1         1.  The person possesses a valid commercial fishing

  2  license that is issued by the State of Alabama and that allows

  3  the person to use a gill net to legally harvest mullet in

  4  commercial quantities from Alabama waters.

  5         2.  The person possesses a trip ticket issued in

  6  Alabama and filled out to match the quantity of mullet being

  7  transported, and the person is able to present such trip

  8  ticket immediately upon entering this state.

  9         3.  The mullet are to be sold to a wholesale saltwater

10  products dealer located in Escambia County or Santa Rosa

11  County, which dealer also possesses a valid seafood dealer's

12  license issued by the State of Alabama. The dealer's name must

13  be clearly indicated on the trip ticket.

14         4.  The mullet being transported are totally removed

15  from any net also being transported.

16         (c)(b)  It shall be a major violation pursuant to this

17  section for any person to be in possession of any species of

18  trout, snook, or redfish which is three fish in excess of the

19  recreational or commercial daily bag limit.

20         (d)  The Marine Fisheries Commission shall adopt rules

21  to prohibit the possession and sale of mullet taken in illegal

22  gill or entangling nets. Violations of such rules shall be

23  punishable as provided in subsection (4).

24         Section 6.  Section 370.093, Florida Statutes, is

25  amended to read:

26         370.093  Illegal use of nets.--

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

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

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

30  X of the State Constitution.

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

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

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

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

  5  than 500 square feet and have not been expressly authorized

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

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

  8  purse seines outside nearshore and inshore Florida waters

  9  shall continue to be legal until the commission implements

10  rules regulating those types of gear.

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

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

13  State Constitution.  Any net constructed wholly or partially

14  of monofilament or multistrand monofilament multifilament

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

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

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

18  Constitution unless specifically authorized by rule of the

19  commission. Multistrand monofilament Multifilament material

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

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

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

23  aquaculture activities licenses issued pursuant to s. 370.26.

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

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

26  broadly construed to include all manner or combination of mesh

27  or webbing or any other solid or semisolid fabric or other

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

29  harvest marine life.

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

31  this subsection, the arresting officer shall seize the nets


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

  2  authority shall destroy the nets.

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

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

  5         (6)  The Marine Fisheries Commission is granted

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

  7  implementing this section and the prohibitions and

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

  9         Section 7.  Subsection (2) of section 370.142, Florida

10  Statutes, is amended to read:

11         370.142  Spiny lobster trap certificate program.--

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

13  PENALTIES.--The Department of Environmental Protection shall

14  establish a trap certificate program for the spiny lobster

15  fishery of this state and shall be responsible for its

16  administration and enforcement as follows:

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

18  saltwater products license who uses traps for taking or

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

20  certificate on record for each trap possessed or used

21  therefor, except as otherwise provided in this section.

22         1.  The department shall initially allot such

23  certificates to each licenseholder with a current crawfish

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

25  allotted to each such licenseholder shall be based on the

26  trap/catch coefficient established pursuant to trip ticket

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

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

29  coefficient shall be calculated by dividing the sum of the

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

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


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

  2  allotted the number of certificates derived by dividing his or

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

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

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

  6  current crawfish trap number shall be allotted fewer than 10

  7  certificates. However, certificates may only be issued to

  8  individuals; therefore, all licenseholders other than

  9  individual licenseholders shall designate the individual or

10  individuals to whom their certificates will be allotted and

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

12  issuance, trap certificates are transferable on a market basis

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

14  fair market value agreed upon between the transferor and

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

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

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

18  return receipt requested, to the department for recordkeeping

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

20  administrative costs of the program and to recover an

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

22  transfer fee of $2 per certificate transferred shall be

23  assessed against the purchasing licenseholder and sent by

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

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

26  per certificate transferred or 25 percent of the actual fair

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

28  shall be assessed the first time a certificate is transferred

29  outside the original transferor's immediate family. No

30  transfer of a certificate shall be effective until the

31  department receives the notarized transfer form and the


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

  2  department may establish by rule an amount of equitable rent

  3  per trap certificate that shall be recovered as partial

  4  compensation to the state for the enhanced access to its

  5  natural resources. In determining whether to establish such a

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

  7  consider the amount of revenues annually generated by

  8  certificate fees, transfer fees, surcharges, trap license

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

10  transferred certificates, and the continued economic viability

11  of the commercial lobster industry. The proceeds of equitable

12  rent recovered shall be deposited in the Marine Resources

13  Conservation Trust Fund and used by the department for

14  research, management, and protection of the spiny lobster

15  fishery and habitat.

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

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

18  percent of the total available certificates in any license

19  year.

20         3.  The department shall maintain records of all

21  certificates and their transfers and shall annually provide

22  each licenseholder with a statement of certificates held.

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

24  licenseholder shall not exceed the number of certificates held

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

26  and a statement of certificates held shall be issued

27  simultaneously.

28         5.  Beginning July 1, 2003, and applicable to the

29  2003-2004 lobster season and thereafter, it is unlawful for

30  any person to lease lobster trap tags or certificates.

31


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

  2  take spiny lobsters in state waters or adjacent federal waters

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

  4  370.14(2), have affixed thereto an annual trap tag issued by

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

  6  or similar material and shall, beginning with those tags

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

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

  9  number. To facilitate enforcement and recordkeeping, such tags

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

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

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

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

14  50 cents per certificate shall be assessed, and thereafter,

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

16  assessed upon issuance in order to recover administrative

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

18  1998, the annual certificate fee shall be $1 per certificate.

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

20  provided by rule of the department.

21         (c)  Prohibitions; penalties.--

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

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

24  waters without having affixed thereto the trap tag required by

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

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

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

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

29  Administrative Code.

30

31


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

  2  lobster trap tags without having the necessary number of

  3  certificates on record as required by this section.

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

  5  370.021 Unless otherwise provided in this section, a

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

  7  Administrative Code, who violates the provisions of this

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

  9  Florida Administrative Code, shall be punished as follows:

10         a.  If the first violation is for violation of

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

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

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

14  may be suspended for the remainder of the current license

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

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

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

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

19  such violation, the department shall assess an additional a

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

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

22  the remainder of the current license year.

23         c.  For a third or subsequent violation of subparagraph

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

25  previous two such violations, the department shall assess an

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

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

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

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

30  also proceed against the licenseholder's saltwater products

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


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  1         d.  Any person assessed an additional a civil penalty

  2  pursuant to this section shall within 30 calendar days after

  3  notification:

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

  5         (II)  Request an administrative hearing pursuant to the

  6  provisions of s. 120.60.

  7         e.  The department shall suspend the crawfish trap

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

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

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

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

12  certificate.

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

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

15  spiny lobster trap tag or certificate.

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

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

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

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

20  spiny lobster trap tag or certificate unless such action is

21  duly authorized by the department as provided in this chapter

22  or in the rules of the department.

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

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

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

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

27  during any period while such crawfish trap number is under

28  suspension or revocation, commits a felony of the third

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

30  s. 775.084.

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  1         b.  In addition to any penalty imposed pursuant to

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

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

  4  the fair market value of the transferred certificates, as

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

  6  provisions of sub-subparagraph 4.c.

  7         6.  Any certificates for which the annual certificate

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

  9  abandoned and shall revert to the department. During any

10  period of trap reduction, any certificates reverting to the

11  department shall become permanently unavailable and be

12  considered in that amount to be reduced during the next

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

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

15  provided by the department.

16         7.  The proceeds of all civil penalties collected

17  pursuant to subparagraph 3. and all fines collected pursuant

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

19  Resources Conservation Trust Fund.

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

21  any period of suspension or revocation.

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

23  shall not create vested rights in licenseholders whatsoever

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

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

26  the public interest.

27         Section 8.  Notwithstanding the provisions of section 2

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

29  authorization for the creation and functions of the Marine

30  Fisheries Commission contained in sections 370.025-370.028,

31


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  1  Florida Statutes, shall not stand repealed as scheduled by

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

  3         Section 9.  Section 370.13, Florida Statutes, is

  4  amended to read:

  5         370.13  Stone crab; regulation.--

  6         (1)(a)  It is unlawful for any person, firm, or

  7  corporation to catch or have in his or her possession,

  8  regardless of where taken, for his or her own use or to sell

  9  or offer for sale, any stone crab, or parts thereof, of any

10  size between May 15 and October 15 of each year, except for

11  stone crabs, or parts thereof, placed in inventory prior to

12  May 15 of each year.

13         (b)  "Stone crab" means the species Menippe mercenaria

14  or any other species of the family Xanthidae as the Marine

15  Fisheries Commission may define by rule.

16         (2)  Upon the arrest and conviction for a major

17  violation involving stone crabs, the licenseholder must show

18  just cause why his or her license should not be suspended or

19  revoked. For the purposes of this subsection, a "major

20  violation" means a major violation as prescribed in s.

21  370.021(2)(c) for illegal stone crabs; any single violation

22  involving possession of more than 25 stone crabs during the

23  closed season or possession of 25 or more whole-bodied or

24  egg-bearing stone crabs; any violation for trap molestation,

25  trap robbing, or pulling traps at night; or any combination of

26  violations in any 3-consecutive-year period wherein more than

27  75 illegal stone crabs in the aggregate are involved.

28         (3)  Any law, general or special, in conflict with

29  provisions of this section is hereby expressly repealed to the

30  extent of such conflict.

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  1         (4)(a)  It is unlawful for any person to willfully

  2  molest any stone crab trap, line, or buoy that is the property

  3  of any licenseholder, without the permission of that

  4  licenseholder.

  5         (b)  Any person who violates paragraph (a) is guilty of

  6  a felony of the third degree, punishable as provided in s.

  7  775.082 or s. 775.083.

  8         (5)  Any gear, equipment, boat, vehicle, or item used

  9  in the violation of this section is subject to confiscation.

10  In addition, the Department of Environmental Protection shall

11  revoke the permit of any permitholder convicted of a violation

12  of paragraph (1)(a) for a period of 1 year from the date of

13  the conviction, and he or she is prohibited during that period

14  from catching or having in his or her possession any stone

15  crab for the person's own use or to sell or offer to sell,

16  whether or not he or she is accompanied by the holder of a

17  valid permit and regardless of where taken.

18         (6)(a)  Effective July 1, 1995, and until July 1, 2000

19  1999, no stone crab trap numbers issued pursuant to rule

20  46-13.002(2)(e) 46-3.002(2)(f), Florida Administrative Code,

21  except those numbers that are active during the 1994-1995

22  fiscal year, shall be renewed or replaced.

23         (b)  In 1995, persons holding a trap number that was

24  active in the 1994-1995 fiscal year, or an immediate family

25  member of that person, must request renewal of the number

26  prior to December 31, 1995.

27         (c)  In subsequent years and until July 1, 2000 1999, a

28  trap number holder, or members of his or her immediate family,

29  must request renewal of the number prior to September 30 of

30  each year.

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  1         (d)  If a person holding an active trap number, or a

  2  member of that person's immediate family, does not request

  3  renewal of the number before the applicable dates as specified

  4  in this subsection, the department shall deactivate that trap

  5  number.

  6         (e)  In the event of the death or disability of a

  7  person holding an active stone crab endorsement trap number,

  8  the endorsement may be transferred by the person to a member

  9  of his or her immediate family or trap number may be renewed

10  by any person so designated by the executor of the person's

11  estate.

12         (f)  Persons who hold saltwater products licenses with

13  stone crab endorsements issued to their boat registration

14  numbers and who subsequently replace their existing vessels

15  with new vessels shall be permitted to transfer the existing

16  licenses to the new boat registration numbers.

17         (7)  No person shall harvest stone crabs with more than

18  five traps, harvest stone crabs in commercial quantities, or

19  sell stone crabs unless such person holds a valid saltwater

20  products license with a restricted species endorsement and a

21  stone crab endorsement issued pursuant to this section.

22         (8)(7)  Beginning October 1995, stone crabs shall be

23  designated as a restricted species pursuant to s. 370.01(20).

24         Section 10.  Section 370.135, Florida Statutes, is

25  amended to read:

26         370.135  Blue crab; regulation.--

27         (1)  No person, firm, or corporation shall transport on

28  the water, fish with or cause to be fished with, set, or place

29  any trap designed for taking blue crabs unless such person,

30  firm, or corporation is the holder of a valid saltwater

31  products license issued pursuant to s. 370.06 and the trap has


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  1  a current state number permanently attached to the buoy. The

  2  trap number shall be affixed in legible figures at least 1

  3  inch high on each buoy used. The saltwater products license

  4  must be on board the boat, and both the license and the crabs

  5  shall be subject to inspection at all times.  Only one trap

  6  number may be issued for each boat by the department upon

  7  receipt of an application on forms prescribed by it.  This

  8  subsection shall not apply to an individual fishing with no

  9  more than five traps.  It is a felony of the third degree,

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

11  775.084, for any person willfully to molest any traps, lines,

12  or buoys, as defined herein, belonging to another without

13  permission of the licenseholder.

14         (2)  A buoy or a time release buoy shall be attached to

15  each trap or at each end of a weighted trot line and shall be

16  of sufficient strength and buoyancy to float and of such

17  color, hue, and brilliancy to be easily distinguished, seen,

18  and located.  Such color and trap number shall also be

19  permanently and conspicuously displayed on the boat used for

20  setting and collecting said traps and buoys, in the manner

21  prescribed by the Division of Law Enforcement, so as to be

22  readily identifiable from the air and water. This subsection

23  shall not apply to an individual fishing with no more than

24  five traps.

25         (3)  It is unlawful for any person to sell or offer for

26  sale any eggbearing blue crabs. Except when authorized by a

27  special activity license issued by the department pursuant to

28  s. 370.06 for the soft-shell crab or bait trade, it is

29  unlawful for any person to possess for sale blue crabs

30  measuring less than 5 inches from point to point across the

31  carapace in an amount greater than 10 percent of the total


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  1  number of blue crabs in that person's possession.  Traps may

  2  be worked during daylight hours only, and the pulling of traps

  3  from 1 hour after official sunset until 1 hour before official

  4  sunrise is prohibited.

  5         (4)  No person shall harvest blue crabs with more than

  6  five traps, harvest blue crabs in commercial quantities, or

  7  sell blue crabs unless such person holds a valid saltwater

  8  products license with a restricted species endorsement and a

  9  blue crab endorsement (trap number) issued pursuant to this

10  subsection.

11         (a)  Effective June 1, 1998, and until July 1, 2002, no

12  blue crab endorsement (trap number), except those endorsements

13  that are active during the 1997-1998 fiscal year, shall be

14  renewed or replaced.

15         (b)  In 1998, persons holding an endorsement that was

16  active in the 1997-1998 fiscal year, or an immediate family

17  member of that person, must request approval of the

18  endorsement prior to December 31, 1998.

19         (c)  In subsequent years and until July 1, 2002, a trap

20  number holder, or members of his or her immediate family, must

21  request renewal of the endorsement prior to September 30 of

22  each year.

23         (d)  If a person holding an active blue crab

24  endorsement, or a member of that person's immediate family,

25  does not request renewal of the endorsement before the

26  applicable dates as specified in this subsection, the

27  department shall deactivate that endorsement.

28         (e)  In the event of the death or disability of a

29  person holding an active blue crab endorsement, the

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

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

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

  3         (f)  Persons who hold saltwater products licenses with

  4  blue crab endorsements issued to their boat registration

  5  numbers and who subsequently replace their existing vessels

  6  with new vessels shall be permitted to transfer the existing

  7  licenses to the new boat registration numbers.

  8         (5)(4)  Upon the arrest and conviction for a major

  9  violation involving blue crabs, the licenseholder shall show

10  just cause why his or her saltwater products license should

11  not be suspended or revoked.  This subsection shall not apply

12  to an individual fishing with no more than five traps.  For

13  the purposes of this subsection, a "major violation" means a

14  major violation as prescribed in s. 370.021(2)(c) for illegal

15  blue crabs, any single violation wherein 50 or more illegal

16  blue crabs are involved, or any combination of violations in

17  any 3-consecutive-year period wherein more than 100 illegal

18  blue crabs in the aggregate are involved.

19         Section 11.  Subsection (4) is added to section

20  370.021, Florida Statutes, to read:

21         370.021  Administration; rules, publications, records;

22  penalty for violation of chapter; injunctions.--

23         (4)  In addition to being subject to other penalties

24  provided in this chapter, any violation of ss. 370.06 or

25  370.07, or rules of the department implementing ss. 370.06 or

26  370.07, involving buying saltwater products from an unlicensed

27  person, firm, or corporation, shall be a major violation, and

28  the department may assess the following penalties:

29         1.  For a first violation, the department may assess a

30  civil penalty of up to $2,500 and may suspend the wholesale

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  1  and/or retail dealer's license privileges for up to 90

  2  calendar days.

  3         2.  For a second violation occurring within 12 months

  4  of a prior violation, the department may assess a civil

  5  penalty of up to $5,000 and may suspend the wholesale and/or

  6  retail dealer's license privileges for up to 180 calendar

  7  days.

  8         3.  For a third or subsequent violation occurring

  9  within a 24 month period, the department shall assess a civil

10  penalty of $5,000 and shall suspend the wholesale and/or

11  retail dealer's license privileges for up to 24 months.

12

13  Any proceeds from the civil penalties assessed pursuant to

14  this subsection shall be deposited into the Marine Resources

15  Conservation Trust Fund and shall be used as follows:  40

16  percent for administration and processing purposes; and 60

17  percent for law enforcement purposes.

18         Section 12.  Subsection (6) of section 370.07, Florida

19  Statutes, is amended, and subsection (8) is added to that

20  section to read:

21         370.07  Wholesale and retail saltwater products

22  dealers; regulation.--

23         (6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

24         (a)  Wholesale dealers shall be required by the

25  department to make and preserve a record of the names and

26  addresses of persons from whom or to whom saltwater products

27  are purchased or sold, the quantity so purchased or sold from

28  or to each vendor or purchaser, and the date of each such

29  transaction. Retail dealers shall be required to make and

30  preserve a record from whom all saltwater products are

31  purchased.  Such record shall be open to inspection at all


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  1  times by the department.  A report covering the sale of

  2  saltwater products shall be made monthly or as often as

  3  required by rule to the department by each wholesale dealer.

  4  All reports required under this subsection are confidential

  5  and shall be exempt from the provisions of s. 119.07(1) except

  6  that, pursuant to authority related to interstate fishery

  7  compacts as provided by s. 370.19(3) and s. 370.20(3), reports

  8  may be shared with another state if that state is a member of

  9  an interstate fisheries compact, and if that state has signed

10  a Memorandum of Agreement or a similar instrument agreeing to

11  preserve confidentiality as established by Florida law.

12         (b)  The department may revoke, suspend, or deny the

13  renewal of the license of any dealer for failure to make and

14  keep required records, for failure to make required reports,

15  for failure or refusal to permit the examination of required

16  records, or for falsifying any such record.  In addition to,

17  or in lieu of, the penalties penalty imposed pursuant to this

18  paragraph and s. 370.021, the department may impose against

19  any person, firm, or corporation who is determined to have

20  violated any provision of this paragraph or any provisions of

21  any department rules promulgated pursuant to s. 370.0607, the

22  following additional penalties:

23         1.  For the first violation, a civil penalty of up to

24  $1,000;

25         2.  For a second violation committed within 24 months

26  of any previous violation, a civil penalty of up to $2,500;

27  and

28         3.  For a third or subsequent violation committed

29  within 36 months of any previous two violations, a civil

30  penalty of up to $5,000.

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  1  The proceeds of all civil penalties collected pursuant to this

  2  subsection shall be deposited into the Marine Resources

  3  Conservation Trust Fund and shall be used for administration,

  4  auditing, and law enforcement purposes penalties pursuant to

  5  s. 370.021.

  6         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

  7  unlawful for any licensed retail dealer or any restaurant

  8  licensed by the Division of Hotels and Restaurants of the

  9  Department of Business and Professional Regulation to buy

10  saltwater products from any person other than a licensed

11  wholesale or retail dealer.

12         Section 13.  Subsection (6) is added to section

13  370.1405, Florida Statutes, to read:

14         370.1405  Crawfish reports by dealers during closed

15  season required.--

16         (6)  The Department of Environmental Protection is

17  authorized to adopt rules incorporating by reference such

18  forms as are necessary to implement the provisions of this

19  section.

20         Section 14.  Section 370.1127, Florida Statutes, is

21  repealed.

22         Section 15.  (1)  Notwithstanding Section 1. of CS/HB

23  3673 to the contrary, this section shall be considered the

24  last and complete intent of the Legislature regardless of when

25  it is presented to the Secretary of State.

26         (2)  Subsection (8) is added to section 373.406,

27  Florida Statutes, to read:

28         373.406  Exemptions.--The following exemptions shall

29  apply:

30

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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                 CS for SB 1506, 2nd Engrossed



  1         (8)  Certified aquaculture activities which apply

  2  appropriate best management practices adopted pursuant to s.

  3  597.004 are exempt from this part.

  4         Section 16.  (1)  Notwithstanding Section 1. of CS/HB

  5  3673 to the contrary, this section shall be considered the

  6  last and complete intent of the Legislature regardless of when

  7  it is presented to the Secretary of State.

  8         (2)  Subsection (5) is added to section 403.0885,

  9  Florida Statutes, to read:

10         403.0885  Establishment of federally approved state

11  National Pollutant Discharge Elimination System (NPDES)

12  Program.--

13         (5)  Certified aquaculture activities under s. 597.004

14  that have individual production units whose annual production

15  and water discharge are less than the parameters established

16  by the NPDES program are exempt from wastewater management

17  regulations.  For purposes herein, the term "individual

18  production units" shall be determined by rule of the

19  Department of Agriculture and Consumer Services.

20         Section 17.  This act shall take effect upon becoming a

21  law.

22

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24

25

26

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