House Bill 3779c1
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Florida House of Representatives - 1998 CS/HB 3779
By the Committee on Water & Resource Management and
Representative Kelly
1 A bill to be entitled
2 An act relating to saltwater fisheries;
3 amending s. 253.72, F.S.; prohibiting shellfish
4 harvesting in certain areas adjacent to
5 aquaculture lease boundaries or within certain
6 aquaculture lease areas or use zones; amending
7 s. 370.06, F.S.; exempting certain totally and
8 permanently disabled persons from income
9 requirements imposed to qualify for a
10 restricted species endorsement on a saltwater
11 products license; providing restrictions on the
12 issuance of marine life fishing endorsements
13 and renewal and transfer thereof during a
14 specified period; directing the Marine
15 Fisheries Commission to report on options for
16 establishment of a limited-entry program for
17 the marine life fishery; providing requirements
18 with respect to sale of red snapper; providing
19 a penalty; amending s. 370.0608, F.S.;
20 increasing the maximum percentage of saltwater
21 fishing license fees designated for the
22 commission's use and decreasing the minimum
23 percentage of such fees designated for marine
24 research; amending s. 370.092, F.S.; providing
25 penalties for possession of gill or entangling
26 nets or certain seines on certain vessels
27 unless authorized by commission rule; providing
28 for definition of such nets; directing the
29 commission to adopt rules prohibiting the
30 possession and sale of mullet taken in illegal
31 gill or entangling nets; providing penalties
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1 applicable to violation of such rules; amending
2 s. 370.093, F.S.; revising the definition of
3 "entangling net" for purposes of the
4 prohibition against use thereof contained in s.
5 16, Art. X of the State Constitution; providing
6 that no seine or part thereof shall have a mesh
7 size smaller than 3 inches stretched mesh,
8 unless authorized by commission rule; repealing
9 s. 370.1127, F.S., which provides for
10 regulation of mullet west of the Ochlocknee
11 River; amending s. 370.13, F.S.; extending the
12 period during which the renewal or replacement
13 of stone crab trap numbers is restricted;
14 providing for transfer of an active stone crab
15 endorsement if the holder becomes disabled;
16 prohibiting certain harvesting and sale of
17 stone crabs without a saltwater products
18 license and specified endorsements; amending s.
19 370.135, F.S.; prohibiting certain harvesting
20 and sale of blue crabs without a saltwater
21 products license and specified endorsements;
22 restricting the renewal or replacement of blue
23 crab endorsements during a specified period;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (3) is added to section 253.72,
29 Florida Statutes, to read:
30 253.72 Marking of leased areas; restrictions on public
31 use.--
2
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1 (3) To assist in protecting shellfish aquaculture
2 products produced on leases authorized pursuant to this
3 chapter and chapter 370, harvesting shellfish is prohibited
4 within a distance of 25 feet outside lawfully marked lease
5 boundaries, or within setback and access corridors within
6 specifically designated high-density aquaculture lease areas
7 and aquaculture use zones.
8 Section 2. Subsection (2) of section 370.06, Florida
9 Statutes, is amended to read:
10 370.06 Licenses.--
11 (2) SALTWATER PRODUCTS LICENSE.--
12 (a) Every person, firm, or corporation that sells,
13 offers for sale, barters, or exchanges for merchandise any
14 saltwater products, or which harvests saltwater products with
15 certain gear or equipment as specified by law, must have a
16 valid saltwater products license, except that the holder of an
17 aquaculture certificate is not required to purchase and
18 possess a saltwater products license in order to possess,
19 transport, or sell marine aquaculture products. Each
20 saltwater products license allows the holder to engage in any
21 of the activities for which the license is required. The
22 license must be in the possession of the licenseholder or
23 aboard the vessel and shall be subject to inspection at any
24 time that harvesting activities for which a license is
25 required are being conducted. A restricted species endorsement
26 on the saltwater products license is required to sell to a
27 licensed wholesale dealer those species which the state, by
28 law or rule, has designated as "restricted species." This
29 endorsement may be issued only to a person who is at least 16
30 years of age, or to a firm certifying that over 25 percent of
31 its income or $5,000 of its income, whichever is less, is
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1 attributable to the sale of saltwater products pursuant to a
2 license issued under this paragraph or a similar license from
3 another state. This endorsement may also be issued to a
4 for-profit corporation if it certifies that at least $5,000 of
5 its income is attributable to the sale of saltwater products
6 pursuant to a license issued under this paragraph or a similar
7 license from another state. However, if at least 50 percent of
8 the annual income of a person, firm, or for-profit corporation
9 is derived from charter fishing, the person, firm, or
10 for-profit corporation must certify that at least $2,500 of
11 the income of the person, firm, or corporation is attributable
12 to the sale of saltwater products pursuant to a license issued
13 under this paragraph or a similar license from another state,
14 in order to be issued the endorsement. Such income attribution
15 must apply to at least 1 year out of the last 3 years. For the
16 purpose of this section "income" means that income which is
17 attributable to work, employment, entrepreneurship, pensions,
18 retirement benefits, and social security benefits.
19 1. The department is authorized to require
20 verification of such income. Acceptable proof of income earned
21 from the sale of saltwater products shall be:
22 a. Copies of trip ticket records generated pursuant to
23 this subsection (marine fisheries information system),
24 documenting qualifying sale of saltwater products;
25 b. Copies of sales records from locales other than
26 Florida documenting qualifying sale of saltwater products;
27 c. A copy of the applicable federal income tax return,
28 including Form 1099 attachments, verifying income earned from
29 the sale of saltwater products;
30 d. Crew share statements verifying income earned from
31 the sale of saltwater products; or
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1 e. A certified public accountant's notarized statement
2 attesting to qualifying source and amount of income.
3
4 Any provision of this section or any other section of the
5 Florida Statutes to the contrary notwithstanding, any person
6 who owns a retail seafood market and/or restaurant at a fixed
7 location for at least 3 years who has had an occupational
8 license for 3 years prior to January 1, 1990, who harvests
9 saltwater products to supply his or her retail store and has
10 had a saltwater products license for 1 of the past 3 years
11 prior to January 1, 1990, may provide proof of his or her
12 verification of income and sales value at the person's retail
13 seafood market and/or restaurant and in his or her saltwater
14 products enterprise by affidavit and shall thereupon be issued
15 a restricted species endorsement.
16 2. Exceptions from income requirements shall be as
17 follows:
18 a. A permanent restricted species endorsement shall be
19 available to those persons age 62 and older who have qualified
20 for such endorsement for at least 3 out of the last 5 years.
21 b. Active military duty time shall be excluded from
22 consideration of time necessary to qualify and shall not be
23 counted against the applicant for purposes of qualifying.
24 c. Upon the sale of a used commercial fishing vessel
25 owned by a person, firm, or corporation possessing or eligible
26 for a restricted species endorsement, the purchaser of such
27 vessel shall be exempted from the qualifying income
28 requirement for the purpose of obtaining a restricted species
29 endorsement for a period of 1 year after purchase of the
30 vessel.
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1 d. Upon the death or permanent disablement of a person
2 possessing a restricted species endorsement, an immediate
3 family member wishing to carry on the fishing operation shall
4 be exempted from the qualifying income requirement for the
5 purpose of obtaining a restricted species endorsement for a
6 period of 1 year after the death or disablement.
7 e. A restricted species endorsement may be issued on
8 an individual saltwater products license to a person age 62 or
9 older who documents that at least $2,500 is attributable to
10 the sale of saltwater products pursuant to the provisions of
11 this paragraph.
12 f. A permanent restricted species endorsement may also
13 be issued on an individual saltwater products license to a
14 person age 70 or older who has held a saltwater products
15 license for at least 3 of the last 5 license years.
16 g. Any resident who is certified to be totally and
17 permanently disabled by a verified written statement based
18 upon the criteria for permanent total disability in chapter
19 440 from a physician licensed in this state, by any branch of
20 the United States Armed Services, by the Social Security
21 Administration, or by the United States Department of Veterans
22 Affairs or its predecessor, or any resident who holds a valid
23 identification card issued by the Department of Veterans
24 Affairs pursuant to s. 295.17, shall be exempted from the
25 income requirements if he or she also has held a saltwater
26 products license for at least 3 of the last 5 license years
27 previous to the date of disability. A Disability Award Notice
28 issued by the United States Social Security Administration is
29 not sufficient certification for obtaining the income
30 exemption unless the notice certifies a resident is totally
31 and permanently disabled.
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1
2 At least one saltwater products license bearing a restricted
3 species endorsement shall be aboard any vessel harvesting
4 restricted species in excess of any bag limit or when fishing
5 under a commercial quota or in commercial quantities, and such
6 vessel shall have a commercial vessel registration. This
7 subsection does not apply to any person, firm, or corporation
8 licensed under s. 370.07(1)(a)1. or (b) for activities
9 pursuant to such licenses. A saltwater products license may be
10 issued in the name of an individual or a valid boat
11 registration number. Such license is not transferable. A decal
12 shall be issued with each saltwater products license issued to
13 a valid boat registration number. The saltwater products
14 license decal shall be the same color as the vessel
15 registration decal issued each year pursuant to s. 327.11(7)
16 and shall indicate the period of time such license is valid.
17 The saltwater products license decal shall be placed beside
18 the vessel registration decal and, in the case of an
19 undocumented vessel, shall be placed so that the vessel
20 registration decal lies between the vessel registration number
21 and the saltwater products license decal. Any saltwater
22 products license decal for a previous year shall be removed
23 from a vessel operating on the waters of the state. A resident
24 shall pay an annual license fee of $50 for a saltwater
25 products license issued in the name of an individual or $100
26 for a saltwater products license issued to a valid boat
27 registration number. A nonresident shall pay an annual license
28 fee of $200 for a saltwater products license issued in the
29 name of an individual or $400 for a saltwater products license
30 issued to a valid boat registration number. An alien shall pay
31 an annual license fee of $300 for a saltwater products license
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1 issued in the name of an individual or $600 for a saltwater
2 products license issued to a valid boat registration number.
3 Any person who sells saltwater products pursuant to this
4 license may sell only to a licensed wholesale dealer. A
5 saltwater products license must be presented to the licensed
6 wholesale dealer each time saltwater products are sold, and an
7 imprint made thereof. The wholesale dealer shall keep records
8 of each transaction in such detail as may be required by rule
9 of the Department of Environmental Protection not in conflict
10 with s. 370.07(6), and shall provide the holder of the
11 saltwater products license with a copy of the record. It is
12 unlawful for any licensed wholesale dealer to buy saltwater
13 products from any unlicensed person under the provisions of
14 this section, except that a licensed wholesale dealer may buy
15 from another licensed wholesale dealer. It is unlawful for any
16 licensed wholesale dealer to buy saltwater products designated
17 as "restricted species" from any person, firm, or corporation
18 not possessing a restricted species endorsement on his or her
19 saltwater products license under the provisions of this
20 section, except that a licensed wholesale dealer may buy from
21 another licensed wholesale dealer. The Department of
22 Environmental Protection shall be the licensing agency, may
23 contract with private persons or entities to implement aspects
24 of the licensing program, and shall establish by rule a marine
25 fisheries information system in conjunction with the licensing
26 program to gather fisheries data.
27 (b) Any person who sells, offers for sale, barters, or
28 exchanges for merchandise saltwater products must have a
29 method of catch preservation which meets the requirements and
30 standards of the seafood quality control code promulgated by
31 the Department of Environmental Protection.
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1 (c) A saltwater products license is required to
2 harvest commercial quantities of saltwater products. Any
3 vessel from which commercial quantities of saltwater products
4 are harvested must have a commercial vessel registration.
5 Commercial quantities of saltwater products shall be defined
6 as:
7 1. With respect to those species for which no bag
8 limit has been established, more than 100 pounds per person
9 per day, provided that the harvesting of two fish or less per
10 person per day shall not be considered commercial quantities
11 regardless of aggregate weight; and
12 2. With respect to those species for which a bag limit
13 has been established, more than the bag limit allowed by law
14 or rule.
15 (d)1. In addition to the saltwater products license, a
16 marine life fishing endorsement is shall be required for the
17 harvest of marine life species as defined by rule of the
18 Marine Fisheries Commission. This endorsement may be issued
19 only to a person who is at least 16 years of age or older or
20 to a corporation holding a valid restricted species
21 endorsement.
22 2.a. Effective July 1, 1998, and until July 1, 2002, a
23 marine life fishing endorsement may not be issued under this
24 paragraph, except that those endorsements that are active
25 during the 1997-1998 fiscal year may be renewed.
26 b. In 1998, a person or corporation holding a marine
27 life fishing endorsement that was active in the 1997-1998
28 fiscal year or an immediate family member of that person must
29 request renewal of the marine life fishing endorsement before
30 December 31, 1998.
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1 c. In subsequent years and until July 1, 2002, a
2 marine life fishing endorsement holder, or member of his or
3 her immediate family, must request renewal of the marine life
4 fishing endorsement before September 30 of each year.
5 d. If a person or corporation holding an active marine
6 life fishing endorsement or a member of that person's
7 immediate family does not request renewal of the endorsement
8 before the applicable dates specified in this paragraph, the
9 department shall deactivate that marine life fishing
10 endorsement.
11 e. In the event of the death or disability of a person
12 holding an active marine life fishing endorsement, the
13 endorsement may be transferred by the person to a member of
14 his or her immediate family or may be renewed by any person so
15 designated by the executor of the person's estate.
16 f. Persons or corporations who hold saltwater product
17 licenses with marine life fishing endorsements issued to their
18 vessel registration numbers and who subsequently replace their
19 existing vessels with new vessels may transfer the existing
20 marine life fishing endorsement to the new boat registration
21 numbers.
22 g. Persons or corporations who hold saltwater product
23 licenses with marine life fishing endorsements issued to their
24 name and who subsequently incorporate or unincorporate may
25 transfer the existing marine life fishing endorsement to the
26 new corporation or person.
27 h. By July 1, 2000, the Marine Fisheries Commission
28 shall prepare a report regarding options for the establishment
29 of a limited-entry program for the marine life fishery and
30 submit the report to the Governor, the President of the
31 Senate, the Speaker of the House of Representatives, and the
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1 chairs of the Senate and House committees having jurisdiction
2 over marine resources.
3 3.2. The fee for a marine life fishery endorsement on
4 a saltwater products license shall be $75. These license fees
5 shall be collected and deposited in the Marine Resources
6 Conservation Trust Fund and used for the purchase and
7 installation of vessel mooring buoys at coral reef sites and
8 for research related to marine fisheries.
9 (e) No person may sell red snapper in this state
10 without a saltwater products license bearing a restricted
11 species endorsement and a federal reef fish permit with a
12 class 1 or class 2 red snapper endorsement, unless the red
13 snapper were legally harvested in federal waters or in waters
14 of another state and have entered this state in interstate
15 commerce. Any person selling red snapper without the state
16 and federal permits or endorsements must establish a chain of
17 possession from the initial transaction after harvest by
18 receipts, by bills of sale, or bills of lading, to show that
19 such red snapper originated from a point outside of the state
20 and entered the state in interstate commerce. Failure to
21 maintain such documentation or promptly produce the
22 documentation at the request of any duly authorized law
23 enforcement officer shall constitute a violation of this
24 paragraph. Any person who violates the provisions of this
25 paragraph commits a misdemeanor of the first degree,
26 punishable as provided in s. 775.082 or s. 775.083.
27 Section 3. Subsection (1) of section 370.0608, Florida
28 Statutes, is amended to read:
29 370.0608 Deposit of license fees; allocation of
30 federal funds.--
31
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1 (1) All license fees collected pursuant to s. 370.0605
2 shall be deposited into the Marine Resources Conservation
3 Trust Fund, to be used as follows:
4 (a) Not more than 5 2.5 percent of the total fees
5 collected shall be for the Marine Fisheries Commission to be
6 used to carry out the responsibilities of the commission and
7 to provide for the award of funds to marine research
8 institutions in this state for the purposes of enabling such
9 institutions to conduct worthy marine research projects.
10 (b) Not less than 2.5 percent of the total fees
11 collected shall be used for aquatic education purposes.
12 (c)1. The remainder of such fees shall be used by the
13 department for the following program functions:
14 a. Not more than 5 percent of the total fees
15 collected, for administration of the licensing program and for
16 information and education.
17 b. Not more than 30 percent of the total fees
18 collected, for law enforcement.
19 c. Not less than 27.5 30 percent of the total fees
20 collected, for marine research.
21 d. Not less than 30 percent of the total fees
22 collected, for fishery enhancement, including, but not limited
23 to, fishery statistics development, artificial reefs, and fish
24 hatcheries.
25 2. The Legislature shall annually appropriate to the
26 Department of Environmental Protection from the General
27 Revenue Fund for the activities and programs specified in
28 subparagraph 1. at least the same amount of money as was
29 appropriated to the department from the General Revenue Fund
30 for such activities and programs for fiscal year 1988-1989,
31 and the amounts appropriated to the department for such
12
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1 activities and programs from the Marine Resources Conservation
2 Trust Fund shall be in addition to the amount appropriated to
3 the department for such activities and programs from the
4 General Revenue Fund. The proceeds from recreational saltwater
5 fishing license fees paid by fishers shall only be
6 appropriated to the Department of Environmental Protection.
7 Section 4. Section 370.092, Florida Statutes, is
8 amended to read:
9 370.092 Carriage of proscribed nets across Florida
10 waters.--
11 (1) This section applies to all vessels containing or
12 otherwise transporting in or on Florida waters any gill net or
13 other entangling net and to all vessels containing or
14 otherwise transporting in or on Florida waters any net
15 containing more than 500 square feet of mesh area the use of
16 which is restricted or prohibited by s. 16, Art. X of the
17 State Constitution. This section does not apply to vessels
18 containing or otherwise transporting in or on Florida waters
19 dry nets which are rolled, folded, or otherwise properly
20 stowed in sealed containers so as to make their immediate use
21 as fishing implements impracticable.
22 (2) Every vessel containing or otherwise transporting
23 in or on Florida waters any gill net or other entangling net
24 and every vessel containing or otherwise transporting in or on
25 nearshore and inshore Florida waters any net containing more
26 than 500 square feet of mesh area shall proceed as directly,
27 continuously, and expeditiously as possible from the place
28 where the vessel is regularly docked, moored, or otherwise
29 stored to waters where the use of said nets is lawful and from
30 waters where the use of said nets is lawful back to the place
31 where the vessel is regularly docked, moored, or otherwise
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1 stored or back to the licensed wholesale dealer where the
2 catch is to be sold. Exceptions shall be provided for docked
3 vessels, for vessels which utilize nets in a licensed
4 aquaculture operation, and for vessels containing trawl nets
5 as long as the trawl's doors or frame are not deployed in the
6 water. Otherwise, hovering, drifting, and other similar
7 activities inconsistent with the direct, continuous, and
8 expeditious transit of such vessels shall be evidence of the
9 unlawful use of such nets. The presence of fish in such a net
10 is not evidence of the unlawful use of the net if the vessel
11 is otherwise in compliance with this section.
12 (3) Notwithstanding subsections (1) and (2), unless
13 authorized by rule of the Marine Fisheries Commission, it
14 shall be a major violation pursuant to this section and shall
15 be punished as provided in subsection (5) for any person,
16 firm, or corporation to possess any gill or entangling net, or
17 seine net larger than 500 square feet in mesh area, on any
18 vessel less than 22 feet in length on the west coast of
19 Florida, or 22 feet in length on the east coast of Florida if
20 the primary power of the vessel is a stern-mounted outboard
21 engine. Gill or entangling nets shall be defined in s. 16,
22 Art. X of the State Constitution, s. 370.093(2)(b), or in a
23 rule of the Marine Fisheries Commission implementing s. 16,
24 Art. X of the State Constitution. Vessel length shall be
25 determined in accordance with current United States Coast
26 Guard regulations specified in the Code of Federal
27 Regulations, or as titled by the State of Florida.
28 (4)(3)(a) It shall be a major violation pursuant to
29 this section and shall be punished as provided in subsection
30 (5) (4) for any person, firm, or corporation to be
31 simultaneously in possession of any species of mullet in
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1 excess of the recreational daily bag limit and any gill or
2 other entangling net as defined in s. 16(c), Art. X of the
3 State Constitution. Simultaneous possession under this
4 provision shall include possession of mullet and gill or other
5 entangling nets on separate vessels or vehicles where such
6 vessels or vehicles are operated in coordination with one
7 another including vessels towed behind a main vessel. This
8 subsection does not prohibit a resident of this state from
9 transporting on land, from Alabama to this state, a commercial
10 quantity of mullet together with a gill net if:
11 1. The person possesses a valid commercial fishing
12 license that is issued by the State of Alabama and that allows
13 the person to use a gill net to legally harvest mullet in
14 commercial quantities from Alabama waters.
15 2. The person possesses a trip ticket issued in
16 Alabama and filled out to match the quantity of mullet being
17 transported, and the person is able to present such trip
18 ticket immediately upon entering this state.
19 3. The mullet are to be sold to a wholesale saltwater
20 products dealer located in Escambia County or Santa Rosa
21 County, which dealer also possesses a valid seafood dealer's
22 license issued by the State of Alabama. The dealer's name must
23 be clearly indicated on the trip ticket.
24 4. The mullet being transported are totally removed
25 from any net also being transported.
26 (b) It shall be a major violation pursuant to this
27 section for any person to be in possession of any species of
28 trout, snook, or redfish which is three fish in excess of the
29 recreational or commercial daily bag limit.
30 (c) The Marine Fisheries Commission shall adopt rules
31 to prohibit the possession and sale of mullet taken in illegal
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1 gill or entangling nets. Violation of these rules shall be
2 punishable as provided in subsection (5).
3 (5)(4)(a) In addition to being subject to the other
4 penalties provided in this chapter, any violation of s. 16,
5 Art. X of the State Constitution, paragraph (4)(3)(a), or any
6 rules of the Marine Fisheries Commission which implement the
7 gear prohibitions and restrictions specified therein shall be
8 considered a major violation; and any person, firm, or
9 corporation receiving any judicial disposition other than
10 acquittal or dismissal of such violation shall be subject to
11 the following additional penalties:
12 1. For a first major violation within a 7-year period,
13 a civil penalty of $2,500 and suspension of all saltwater
14 products license privileges for 90 calendar days following
15 final disposition shall be imposed.
16 2. For a second major violation under this paragraph
17 charged within 7 years of a previous judicial disposition,
18 which results in a second judicial disposition other than
19 acquittal or dismissal, a civil penalty of $5,000 and
20 suspension of all saltwater products license privileges for 12
21 months shall be imposed.
22 3. For a third and subsequent major violation under
23 this paragraph, charged within a 7-year period, resulting in a
24 third or subsequent judicial disposition other than acquittal
25 or dismissal, a civil penalty of $5,000, lifetime revocation
26 of the saltwater products license, and forfeiture of all gear
27 and equipment used in the violation shall be imposed.
28
29 A court may suspend, defer or withhold adjudication of guilt
30 or imposition of sentence only for any first violation of s.
31 16, Art. X of the State Constitution, or any rule or statute
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1 implementing its restrictions, determined by a court only
2 after consideration of competent evidence of mitigating
3 circumstances to be a nonflagrant or minor violation of those
4 restrictions upon the use of nets. Any violation of s. 16,
5 Art. X of the State Constitution, or any rule or statute
6 implementing its restrictions, occurring within a 7-year
7 period commencing upon the conclusion of any judicial
8 proceeding resulting in any outcome other than acquittal shall
9 be punished as a second, third, or subsequent violation
10 accordingly.
11 (b) During the period of suspension or revocation of
12 saltwater license privileges under this section, the licensee
13 may not participate in the taking or harvesting or attempt the
14 taking or harvesting of saltwater products from any vessel
15 within the waters of the state, or any other activity
16 requiring a license, permit, or certificate issued pursuant to
17 this chapter. Any person who violates this paragraph is:
18 1. Upon a first or second conviction, to be punished
19 as provided by s. 370.021(2)(a) and (b).
20 2. Upon a third or subsequent conviction, guilty of a
21 felony of the third degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 (c) Upon reinstatement of saltwater license privileges
24 suspended pursuant to a violation of this section, a licensee
25 owning or operating a vessel containing or otherwise
26 transporting in or on Florida waters any gill net or other
27 entangling net, or containing or otherwise transporting in
28 nearshore and inshore Florida waters any net containing more
29 than 500 square feet of mesh area shall remain restricted for
30 a period of 12 months following reinstatement, to operation
31 under the following conditions:
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1 1. Vessels subject to this reinstatement period shall
2 be restricted to the corridors established by department rule.
3 2. A violation of the reinstatement period provisions
4 shall be punishable pursuant to s. 370.021(2)(a) and (b).
5 (d) Rescission and revocation proceedings under this
6 section shall be governed by chapter 120.
7 (6)(5) The department is authorized to make and adopt
8 reasonable rules, regulations, and orders, including emergency
9 rules, to implement this section. The department shall adopt
10 emergency rules to implement the provisions of subparagraph
11 (4)(c)1. by August 1, 1996.
12 Section 5. Section 370.093, Florida Statutes, is
13 amended to read:
14 370.093 Illegal use of nets.--
15 (1) It is unlawful to take or harvest, or to attempt
16 to take or harvest, any marine life in Florida waters with any
17 net that is not consistent with the provisions of s. 16, Art.
18 X of the State Constitution.
19 (2)(a) Beginning July 1, 1998, it is also unlawful to
20 take or harvest, or to attempt to take or harvest, any marine
21 life in Florida waters with any net, as defined in subsection
22 (3) and any attachments to such net, that combined are larger
23 than 500 square feet and have not been expressly authorized
24 for such use by rule of the Marine Fisheries Commission under
25 s. 370.027. The use of currently legal shrimp trawls and
26 purse seines outside nearshore and inshore Florida waters
27 shall continue to be legal until the commission implements
28 rules regulating those types of gear.
29 (b) The use of gill or entangling nets of any size is
30 prohibited, as such nets are defined in s. 16, Art. X of the
31 State Constitution. Any net constructed wholly or partially
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1 of monofilament or multistrand monofilament multifilament
2 material, other than a hand thrown cast net, or a handheld
3 landing or dip net, shall be considered to be an entangling
4 net within the prohibition of s. 16, Art. X of the State
5 Constitution unless specifically authorized by rule of the
6 commission. Multistrand monofilament Multifilament material
7 shall not be defined to include nets constructed of braided or
8 twisted nylon, cotton, linen twine, or polypropylene twine.
9 Unless authorized by rule of the Marine Fisheries Commission
10 adopted after July 1, 1995, no seine or part of any seine
11 shall have a mesh size smaller than 3 inches stretched mesh.
12 (c) This subsection shall not be construed to apply to
13 aquaculture activities licenses issued pursuant to s. 370.26.
14 (3) As used in s. 16, Art. X of the State Constitution
15 and this subsection, the term "net" or "netting" must be
16 broadly construed to include all manner or combination of mesh
17 or webbing or any other solid or semisolid fabric or other
18 material used to comprise a device that is used to take or
19 harvest marine life.
20 (4) Upon the arrest of any person for violation of
21 this subsection, the arresting officer shall seize the nets
22 illegally used. Upon conviction of the offender, the arresting
23 authority shall destroy the nets.
24 (5) Any person who violates this section shall be
25 punished as provided in s. 370.092(5)(4).
26 (6) The Marine Fisheries Commission is granted
27 authority to adopt rules pursuant to ss. 370.025 and 370.027
28 implementing the prohibitions and restrictions of s. 16, Art.
29 X of the State Constitution.
30 Section 6. Section 370.1127, Florida Statutes, is
31 hereby repealed.
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1 Section 7. Subsection (6) of section 370.13, Florida
2 Statutes, is amended, subsection (7) is renumbered as
3 subsection (8), and a new subsection (7) is added to said
4 section, to read:
5 370.13 Stone crab; regulation.--
6 (6)(a) Effective July 1, 1995, and until July 1, 2000
7 1999, no stone crab trap numbers issued pursuant to rule
8 46-13.002(2)(e) 46-3.002(2)(f), Florida Administrative Code,
9 except those numbers that are active during the 1994-1995
10 fiscal year, shall be renewed or replaced.
11 (b) In 1995, persons holding a trap number that was
12 active in the 1994-1995 fiscal year, or an immediate family
13 member of that person, must request renewal of the number
14 prior to December 31, 1995.
15 (c) In subsequent years and until July 1, 2000 1999, a
16 trap number holder, or members of his or her immediate family,
17 must request renewal of the number prior to September 30 of
18 each year.
19 (d) If a person holding an active trap number, or a
20 member of that person's immediate family, does not request
21 renewal of the number before the applicable dates as specified
22 in this subsection, the department shall deactivate that trap
23 number.
24 (e) In the event of the death or disability of a
25 person holding an active stone crab endorsement, the
26 endorsement may be transferred by the person to a member of
27 his or her immediate family or trap number, the trap number
28 may be renewed by any person so designated by the executor of
29 the person's estate.
30 (f) Persons who hold saltwater products licenses with
31 stone crab endorsements issued to their boat registration
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1 numbers and who subsequently replace their existing vessels
2 with new vessels shall be permitted to transfer the existing
3 licenses to the new boat registration numbers.
4 (7) No person shall harvest stone crabs with more than
5 five traps, harvest stone crabs in commercial quantities, or
6 sell stone crabs unless such person holds a valid saltwater
7 products license with a restricted species endorsement and a
8 stone crab endorsement (trap number) issued pursuant to this
9 section.
10 Section 8. Subsection (4) of section 370.135, Florida
11 Statutes, is renumbered as subsection (5), and a new
12 subsection (4) is added to said section to read:
13 370.135 Blue crab; regulation.--
14 (4) No person shall harvest blue crabs with more than
15 five traps, harvest blue crabs in commercial quantities, or
16 sell blue crabs unless such person holds a valid saltwater
17 products license with a restricted species endorsement and a
18 blue crab endorsement (trap number) issued pursuant to this
19 subsection.
20 (a) Effective July 1, 1998, and until July 1, 2002, no
21 blue crab endorsement (trap number), except those endorsements
22 that are active during the 1997-1998 fiscal year, shall be
23 renewed or replaced.
24 (b) In 1998, a person holding an endorsement that was
25 active in the 1997-1998 fiscal year, or an immediate family
26 member of that person, must request renewal of the endorsement
27 prior to December 31, 1998.
28 (c) In subsequent years and until July 1, 2002, a trap
29 number holder, or members of his or her immediate family, must
30 request renewal of the endorsement prior to September 30 of
31 each year.
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1 (d) If a person holding an active blue crab
2 endorsement, or a member of that person's immediate family,
3 does not request renewal of the endorsement before the
4 applicable dates as specified in this subsection, the
5 department shall deactivate that endorsement.
6 (e) In the event of the death or disability of a
7 person holding an active blue crab endorsement, the
8 endorsement may be transferred by the person to a member of
9 his or her immediate family or may be renewed by any person so
10 designated by the executor of the persons's estate.
11 (f) Persons who hold saltwater products licenses with
12 blue crab endorsements issued to their boat registration
13 numbers and who subsequently replace their existing vessels
14 with new vessels shall be permitted to transfer the existing
15 licenses to the new boat registration numbers.
16 Section 9. This act shall take effect upon becoming a
17 law.
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