House Bill 3779

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    Florida House of Representatives - 1998                HB 3779

        By Representative Kelly






  1                      A bill to be entitled

  2         An act relating to saltwater fisheries;

  3         amending s. 370.092, F.S.; authorizing the

  4         Marine Fisheries Commission to adopt rules

  5         specifying geographic or temporal prohibitions

  6         on the possession of gill or entangling nets or

  7         certain seines based on specified conditions;

  8         directing the commission to adopt rules

  9         prohibiting the simultaneous possession of gill

10         or entangling nets with a designated fish that

11         has been harvested with such nets or the

12         possession of a designated fish that shows

13         signs of such harvest; providing additional

14         penalties applicable to violation of such

15         rules; amending s. 370.093, F.S.; revising the

16         definition of "entangling net" for purposes of

17         the prohibition against use thereof contained

18         in s. 16, Art. X of the State Constitution;

19         providing that no seine or part thereof shall

20         have a mesh size larger than 2 inches stretched

21         mesh, unless authorized by commission rule;

22         providing an effective date.

23

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

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26         Section 1.  Section 370.092, Florida Statutes, is

27  amended to read:

28         370.092  Carriage of proscribed nets across Florida

29  waters.--

30         (1)  This section applies to all vessels containing or

31  otherwise transporting in or on Florida waters any gill net or

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    Florida House of Representatives - 1998                HB 3779

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  1  other entangling net and to all vessels containing or

  2  otherwise transporting in or on Florida waters any net

  3  containing more than 500 square feet of mesh area the use of

  4  which is restricted or prohibited by s. 16, Art. X of the

  5  State Constitution. This section does not apply to vessels

  6  containing or otherwise transporting in or on Florida waters

  7  dry nets which are rolled, folded, or otherwise properly

  8  stowed in sealed containers so as to make their immediate use

  9  as fishing implements impracticable.

10         (2)  Every vessel containing or otherwise transporting

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

12  and every vessel containing or otherwise transporting in or on

13  nearshore and inshore Florida waters any net containing more

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

15  continuously, and expeditiously as possible from the place

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

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

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

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

20  stored or back to the licensed wholesale dealer where the

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

22  vessels, for vessels which utilize nets in a licensed

23  aquaculture operation, and for vessels containing trawl nets

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

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

26  activities inconsistent with the direct, continuous, and

27  expeditious transit of such vessels shall be evidence of the

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

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

30  is otherwise in compliance with this section. The Marine

31  Fisheries Commission is authorized to adopt rules specifying

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    Florida House of Representatives - 1998                HB 3779

    90-392-98






  1  geographic or temporal prohibitions on the possession of gill

  2  or entangling nets, or seines larger than 500 square feet in

  3  mesh area. Such rules shall be based on the absence of legal

  4  federal waters fisheries during times of the year when

  5  significant fisheries are not legitimately prosecuted with

  6  gill or entangling nets or on the unavailability of fisheries

  7  in state waters using seines larger than 500 square feet in

  8  mesh area. Violation of these rules shall be punishable by the

  9  additional penalties specified in subsection (4).

10         (3)(a)  It shall be a major violation pursuant to this

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

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

13  possession of any species of mullet in excess of the

14  recreational daily bag limit and any gill or other entangling

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

16  Simultaneous possession under this provision shall include

17  possession of mullet and gill or other entangling nets on

18  separate vessels or vehicles where such vessels or vehicles

19  are operated in coordination with one another including

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

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

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

23  together with a gill net if:

24         1.  The person possesses a valid commercial fishing

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

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

27  commercial quantities from Alabama waters.

28         2.  The person possesses a trip ticket issued in

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

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

31  ticket immediately upon entering this state.

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    Florida House of Representatives - 1998                HB 3779

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

  2  products dealer located in Escambia County or Santa Rosa

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

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

  5  be clearly indicated on the trip ticket.

  6         4.  The mullet being transported are totally removed

  7  from any net also being transported.

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

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

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

11  recreational or commercial daily bag limit.

12         (c)  The Marine Fisheries Commission shall adopt rules

13  prohibiting the simultaneous possession of gill or entangling

14  nets with any designated fish that has been harvested with a

15  gill or entangling net or the possession of any designated

16  fish that shows signs of such harvest. Such prohibitions shall

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

18  wholesale saltwater products dealer, but shall not include any

19  fish harvested in federal waters as part of a legitimate

20  fishery. Violation of these rules shall be punishable by the

21  additional penalties specified in subsection (4).

22         (4)(a)  In addition to being subject to the other

23  penalties provided in this chapter, any violation of s. 16,

24  Art. X of the State Constitution, paragraph (3)(a), or any

25  rules of the Marine Fisheries Commission which implement the

26  gear prohibitions and restrictions specified therein shall be

27  considered a major violation; and any person, firm, or

28  corporation receiving any judicial disposition other than

29  acquittal or dismissal of such violation shall be subject to

30  the following additional penalties:

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    Florida House of Representatives - 1998                HB 3779

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  1         1.  For a first major violation within a 7-year period,

  2  a civil penalty of $2,500 and suspension of all saltwater

  3  products license privileges for 90 calendar days following

  4  final disposition shall be imposed.

  5         2.  For a second major violation under this paragraph

  6  charged within 7 years of a previous judicial disposition,

  7  which results in a second judicial disposition other than

  8  acquittal or dismissal, a civil penalty of $5,000 and

  9  suspension of all saltwater products license privileges for 12

10  months shall be imposed.

11         3.  For a third and subsequent major violation under

12  this paragraph, charged within a 7-year period, resulting in a

13  third or subsequent judicial disposition other than acquittal

14  or dismissal, a civil penalty of $5,000, lifetime revocation

15  of the saltwater products license, and forfeiture of all gear

16  and equipment used in the violation shall be imposed.

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18  A court may suspend, defer or withhold adjudication of guilt

19  or imposition of sentence only for any first violation of s.

20  16, Art. X of the State Constitution, or any rule or statute

21  implementing its restrictions, determined by a court only

22  after consideration of competent evidence of mitigating

23  circumstances to be a nonflagrant or minor violation of those

24  restrictions upon the use of nets.  Any violation of s. 16,

25  Art. X of the State Constitution, or any rule or statute

26  implementing its restrictions, occurring within a 7-year

27  period commencing upon the conclusion of any judicial

28  proceeding resulting in any outcome other than acquittal shall

29  be punished as a second, third, or subsequent violation

30  accordingly.

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    Florida House of Representatives - 1998                HB 3779

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  1         (b)  During the period of suspension or revocation of

  2  saltwater license privileges under this section, the licensee

  3  may not participate in the taking or harvesting or attempt the

  4  taking or harvesting of saltwater products from any vessel

  5  within the waters of the state, or any other activity

  6  requiring a license, permit, or certificate issued pursuant to

  7  this chapter. Any person who violates this paragraph is:

  8         1.  Upon a first or second conviction, to be punished

  9  as provided by s. 370.021(2)(a) and (b).

10         2.  Upon a third or subsequent conviction, guilty of a

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

12  775.082, s. 775.083, or s. 775.084.

13         (c)  Upon reinstatement of saltwater license privileges

14  suspended pursuant to a violation of this section, a licensee

15  owning or operating a vessel containing or otherwise

16  transporting in or on Florida waters any gill net or other

17  entangling net, or containing or otherwise transporting in

18  nearshore and inshore Florida waters any net containing more

19  than 500 square feet of mesh area shall remain restricted for

20  a period of 12 months following reinstatement, to operation

21  under the following conditions:

22         1.  Vessels subject to this reinstatement period shall

23  be restricted to the corridors established by department rule.

24         2.  A violation of the reinstatement period provisions

25  shall be punishable pursuant to s. 370.021(2)(a) and (b).

26         (d)  Rescission and revocation proceedings under this

27  section shall be governed by chapter 120.

28         (5)  The department is authorized to make and adopt

29  reasonable rules, regulations, and orders, including emergency

30  rules, to implement this section.  The department shall adopt

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    Florida House of Representatives - 1998                HB 3779

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  1  emergency rules to implement the provisions of subparagraph

  2  (4)(c)1. by August 1, 1996.

  3         Section 2.  Section 370.093, Florida Statutes, is

  4  amended to read:

  5         370.093  Illegal use of nets.--

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

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

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

  9  X of the State Constitution.

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

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

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

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

14  than 500 square feet and have not been expressly authorized

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

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

17  purse seines outside nearshore and inshore Florida waters

18  shall continue to be legal until the commission implements

19  rules regulating those types of gear.

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

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

22  State Constitution.  Any net constructed wholly or partially

23  of monofilament or multistrand monofilament multifilament

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

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

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

27  Constitution unless specifically authorized by rule of the

28  commission. Multistrand monofilament Multifilament material

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

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

31  Unless authorized by rule of the Marine Fisheries Commission

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    Florida House of Representatives - 1998                HB 3779

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  1  adopted after July 1, 1995, no seine or part of any seine

  2  shall have a mesh size larger than 2 inches stretched mesh.

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

  4  aquaculture activities licenses issued pursuant to s. 370.26.

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

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

  7  broadly construed to include all manner or combination of mesh

  8  or webbing or any other solid or semisolid fabric or other

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

10  harvest marine life.

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

12  this subsection, the arresting officer shall seize the nets

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

14  authority shall destroy the nets.

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

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

17         (6)  The Marine Fisheries Commission is granted

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

19  implementing the prohibitions and restrictions of s. 16, Art.

20  X of the State Constitution.

21         Section 3.  This act shall take effect upon becoming a

22  law.

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    Florida House of Representatives - 1998                HB 3779

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  2                          HOUSE SUMMARY

  3
      Authorizes the Marine Fisheries Commission to adopt rules
  4    specifying geographic or temporal prohibitions on the
      possession of gill or entangling nets or certain seines
  5    based on specified conditions. Directs the commission to
      adopt rules prohibiting the simultaneous possession of
  6    gill or entangling nets with a designated fish that has
      been harvested with such nets or the possession of a
  7    designated fish that shows signs of such harvest.
      Provides additional penalties applicable to violation of
  8    such rules. Revises the definition of "entangling net"
      for purposes of the prohibition against use thereof
  9    contained in s. 16, Art. X of the State Constitution.
      Provides that no seine or part thereof shall have a mesh
10    size larger than 2 inches stretched mesh, unless
      authorized by commission rule.
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