House Bill 3779e1

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                                       CS/HB 3779, First Engrossed



  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. 370.01, F.S.; adding black drum and jack

  8         crevalle to the list of food fish; amending s.

  9         370.021, F.S.; making wholesale and retail

10         seafood dealers and restaurants liable for

11         penalties for buying seafood from unlicensed

12         persons or corporations; amending s. 370.06,

13         F.S.; exempting certain totally and permanently

14         disabled persons from income requirements

15         imposed to qualify for a restricted species

16         endorsement on a saltwater products license;

17         providing restrictions on the issuance of

18         marine life fishing endorsements and renewal

19         and transfer thereof during a specified period;

20         directing the Marine Fisheries Commission to

21         report on options for establishment of a

22         limited-entry program for the marine life

23         fishery; providing a penalty; amending s.

24         370.0608, F.S.; increasing the maximum

25         percentage of saltwater fishing license fees

26         designated for the commission's use and

27         decreasing the minimum percentage of such fees

28         designated for marine research; amending s.

29         370.07, F.S.; clarifying confidentiality

30         requirements of fisheries data shared with

31         regional fisheries councils; providing


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                                       CS/HB 3779, First Engrossed



  1         penalties for violators of certain fisheries

  2         laws; amending s. 370.092, F.S.; providing

  3         penalties for possession of gill or entangling

  4         nets or certain seines on certain vessels

  5         unless authorized by commission rule; providing

  6         for definition of such nets; directing the

  7         commission to adopt rules prohibiting the

  8         possession and sale of mullet taken in illegal

  9         gill or entangling nets; providing penalties

10         applicable to violation of such rules; amending

11         s. 370.093, F.S.; revising the definition of

12         "entangling net" for purposes of the

13         prohibition against use thereof contained in s.

14         16, Art. X of the State Constitution; repealing

15         s. 370.1127, F.S., which provides for

16         regulation of mullet west of the Ochlocknee

17         River; amending s. 370.13, F.S.; extending the

18         period during which the renewal or replacement

19         of stone crab trap numbers is restricted;

20         providing for transfer of an active stone crab

21         endorsement if the holder becomes disabled;

22         prohibiting certain harvesting and sale of

23         stone crabs without a saltwater products

24         license and specified endorsements; amending s.

25         370.135, F.S.; prohibiting certain harvesting

26         and sale of blue crabs without a saltwater

27         products license and specified endorsements;

28         restricting the renewal or replacement of blue

29         crab endorsements during a specified period;

30         amending s. 370.1405, F.S.; authorizing the

31         Department of Environmental Protection to adopt


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                                       CS/HB 3779, First Engrossed



  1         certain rules; amending s. 370.142, F.S.;

  2         adding transfer fees; specifying that transfer

  3         of tags or certificates is allowable until July

  4         1, 2003; removing scheduled repeal of Florida

  5         Marine Fisheries Commission; providing an

  6         effective date.

  7

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

  9

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

11  Florida Statutes, to read:

12         253.72  Marking of leased areas; restrictions on public

13  use.--

14         (3)  To assist in protecting shellfish aquaculture

15  products produced on leases authorized pursuant to this

16  chapter and chapter 370, harvesting shellfish is prohibited

17  within a distance of 25 feet outside lawfully marked lease

18  boundaries, or within setback and access corridors within

19  specifically designated high-density aquaculture lease areas

20  and aquaculture use zones.

21         Section 2.  Subsection (12) of 370.01, Florida

22  Statutes, is amended to read:

23         370.01  Definitions.--In construing these statutes,

24  where the context does not clearly indicate otherwise, the

25  word, phrase, or term:

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

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

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

29  for human consumption.

30         Section 3.  A new subsection (4) is added to Section

31  370.021, Florida Statutes, to read:


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                                       CS/HB 3779, First Engrossed



  1         370.021  Administration; rules, publications, records;

  2  penalty for violation of chapter; injunctions.--

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

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

  5  370.07, or rules of the department implementing ss. 370.06 or

  6  370.07, involving buying saltwater products from an unlicensed

  7  person, firm, or corporation, or selling saltwater products by

  8  an unlicensed person, firm, or corporation, shall be a major

  9  violation, and the department may assess the following

10  penalties:

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

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

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

14  calendar days.

15         2.  For a second violation occurring within 12 months

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

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

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

19  days.

20         3.  For a third or subsequent violation occurring

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

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

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

24

25  Any proceeds from the civil penalties assessed pursuant to

26  this subsection shall be deposited into the Marine Resources

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

28  percent for administration and processing purposes; and 60

29  percent for law enforcement purposes.

30         Section 4.  Subsection (2) of section 370.06, Florida

31  Statutes, is amended to read:


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                                       CS/HB 3779, First Engrossed



  1         370.06  Licenses.--

  2         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

  5  saltwater products, or which harvests saltwater products with

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

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

  8  aquaculture certificate is not required to purchase and

  9  possess a saltwater products license in order to possess,

10  transport, or sell marine aquaculture products.  Each

11  saltwater products license allows the holder to engage in any

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

13  license must be in the possession of the licenseholder or

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

15  time that harvesting activities for which a license is

16  required are being conducted. A restricted species endorsement

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

18  licensed wholesale dealer those species which the state, by

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

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

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

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

23  attributable to the sale of saltwater products pursuant to a

24  license issued under this paragraph or a similar license from

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

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

27  its income is attributable to the sale of saltwater products

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

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

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

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


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                                       CS/HB 3779, First Engrossed



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

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

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

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

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

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

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

  8  attributable to work, employment, entrepreneurship, pensions,

  9  retirement benefits, and social security benefits.

10         1.  The department is authorized to require

11  verification of such income. Acceptable proof of income earned

12  from the sale of saltwater products shall be:

13         a.  Copies of trip ticket records generated pursuant to

14  this subsection (marine fisheries information system),

15  documenting qualifying sale of saltwater products;

16         b.  Copies of sales records from locales other than

17  Florida documenting qualifying sale of saltwater products;

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

19  including Form 1099 attachments, verifying income earned from

20  the sale of saltwater products;

21         d.  Crew share statements verifying income earned from

22  the sale of saltwater products; or

23         e.  A certified public accountant's notarized statement

24  attesting to qualifying source and amount of income.

25

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

27  Florida Statutes to the contrary notwithstanding, any person

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

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

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

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


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                                       CS/HB 3779, First Engrossed



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

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

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

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

  5  products enterprise by affidavit and shall thereupon be issued

  6  a restricted species endorsement.

  7         2.  Exceptions from income requirements shall be as

  8  follows:

  9         a.  A permanent restricted species endorsement shall be

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

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

12         b.  Active military duty time shall be excluded from

13  consideration of time necessary to qualify and shall not be

14  counted against the applicant for purposes of qualifying.

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

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

17  for a restricted species endorsement, the purchaser of such

18  vessel shall be exempted from the qualifying income

19  requirement for the purpose of obtaining a restricted species

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

21  vessel.

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

23  possessing a restricted species endorsement, an immediate

24  family member wishing to carry on the fishing operation shall

25  be exempted from the qualifying income requirement for the

26  purpose of obtaining a restricted species endorsement for a

27  period of 1 year after the death or disablement.

28         e.  A restricted species endorsement may be issued on

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

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

31


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                                       CS/HB 3779, First Engrossed



  1  the sale of saltwater products pursuant to the provisions of

  2  this paragraph.

  3         f.  A permanent restricted species endorsement may also

  4  be issued on an individual saltwater products license to a

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

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

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

  8  permanently disabled by a verified written statement based

  9  upon the criteria for permanent total disability in chapter

10  440 from a physician licensed in this state, by any branch of

11  the United States Armed Services, by the Social Security

12  Administration, or by the United States Department of Veterans

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

14  identification card issued by the Department of Veterans

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

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

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

18  previous to the date of disability. A Disability Award Notice

19  issued by the United States Social Security Administration is

20  not sufficient certification for obtaining the income

21  exemption unless the notice certifies a resident is totally

22  and permanently disabled.

23

24  At least one saltwater products license bearing a restricted

25  species endorsement shall be aboard any vessel harvesting

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

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

28  vessel shall have a commercial vessel registration. This

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

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

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


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                                       CS/HB 3779, First Engrossed



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

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

  3  shall be issued with each saltwater products license issued to

  4  a valid boat registration number. The saltwater products

  5  license decal shall be the same color as the vessel

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

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

  8  The saltwater products license decal shall be placed beside

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

10  undocumented vessel, shall be placed so that the vessel

11  registration decal lies between the vessel registration number

12  and the saltwater products license decal. Any saltwater

13  products license decal for a previous year shall be removed

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

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

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

17  for a saltwater products license issued to a valid boat

18  registration number. A nonresident shall pay an annual license

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

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

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

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

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

24  products license issued to a valid boat registration number.

25  Any person who sells saltwater products pursuant to this

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

27  saltwater products license must be presented to the licensed

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

29  imprint made thereof. The wholesale dealer shall keep records

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

31  of the Department of Environmental Protection not in conflict


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                                       CS/HB 3779, First Engrossed



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

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

  3  unlawful for any licensed wholesale dealer to buy saltwater

  4  products from any unlicensed person under the provisions of

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

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

  7  licensed wholesale dealer to buy saltwater products designated

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

  9  not possessing a restricted species endorsement on his or her

10  saltwater products license under the provisions of this

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

12  another licensed wholesale dealer. The Department of

13  Environmental Protection shall be the licensing agency, may

14  contract with private persons or entities to implement aspects

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

16  fisheries information system in conjunction with the licensing

17  program to gather fisheries data.

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

19  exchanges for merchandise saltwater products must have a

20  method of catch preservation which meets the requirements and

21  standards of the seafood quality control code promulgated by

22  the Department of Environmental Protection.

23         (c)  A saltwater products license is required to

24  harvest commercial quantities of saltwater products.  Any

25  vessel from which commercial quantities of saltwater products

26  are harvested must have a commercial vessel registration.

27  Commercial quantities of saltwater products shall be defined

28  as:

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

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

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


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                                       CS/HB 3779, First Engrossed



  1  person per day shall not be considered commercial quantities

  2  regardless of aggregate weight; and

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

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

  5  or rule.

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

  7  marine life fishing endorsement is shall be required for the

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

  9  Marine Fisheries Commission. This endorsement may be issued

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

11  to a corporation holding a valid restricted species

12  endorsement.

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

14  marine life fishing endorsement may not be issued under this

15  paragraph, except that those endorsements that are active

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

17         b.  In 1998, a person or corporation holding a marine

18  life fishing endorsement that was active in the 1997-1998

19  fiscal year or an immediate family member of that person must

20  request renewal of the marine life fishing endorsement before

21  December 31, 1998.

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

23  marine life fishing endorsement holder, or member of his or

24  her immediate family, must request renewal of the marine life

25  fishing endorsement before September 30 of each year.

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

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

28  immediate family does not request renewal of the endorsement

29  before the applicable dates specified in this paragraph, the

30  department shall deactivate that marine life fishing

31  endorsement.


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                                       CS/HB 3779, First Engrossed



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

  2  holding an active marine life fishing endorsement, the

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

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

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

  6         f.  Persons or corporations who hold saltwater product

  7  licenses with marine life fishing endorsements issued to their

  8  vessel registration numbers and who subsequently replace their

  9  existing vessels with new vessels may transfer the existing

10  marine life fishing endorsement to the new boat registration

11  numbers.

12         g.  Persons or corporations who hold saltwater product

13  licenses with marine life fishing endorsements issued to their

14  name and who subsequently incorporate or unincorporate may

15  transfer the existing marine life fishing endorsement to the

16  new corporation or person.

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

18  shall prepare a report regarding options for the establishment

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

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

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

22  chairs of the Senate and House committees having jurisdiction

23  over marine resources.

24         3.2.  The fee for a marine life fishery endorsement on

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

26  shall be collected and deposited in the Marine Resources

27  Conservation Trust Fund and used for the purchase and

28  installation of vessel mooring buoys at coral reef sites and

29  for research related to marine fisheries.

30         Section 5.  Subsection (1) of section 370.0608, Florida

31  Statutes, is amended to read:


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                                       CS/HB 3779, First Engrossed



  1         370.0608  Deposit of license fees; allocation of

  2  federal funds.--

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

  4  shall be deposited into the Marine Resources Conservation

  5  Trust Fund, to be used as follows:

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

  7  collected shall be for the Marine Fisheries Commission to be

  8  used to carry out the responsibilities of the commission and

  9  to provide for the award of funds to marine research

10  institutions in this state for the purposes of enabling such

11  institutions to conduct worthy marine research projects.

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

13  collected shall be used for aquatic education purposes.

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

15  department for the following program functions:

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

17  collected, for administration of the licensing program and for

18  information and education.

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

20  collected, for law enforcement.

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

22  collected, for marine research.

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

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

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

26  hatcheries.

27         2.  The Legislature shall annually appropriate to the

28  Department of Environmental Protection from the General

29  Revenue Fund for the activities and programs specified in

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

31  appropriated to the department from the General Revenue Fund


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                                       CS/HB 3779, First Engrossed



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

  2  and the amounts appropriated to the department for such

  3  activities and programs from the Marine Resources Conservation

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

  5  the department for such activities and programs from the

  6  General Revenue Fund. The proceeds from recreational saltwater

  7  fishing license fees paid by fishers shall only be

  8  appropriated to the Department of Environmental Protection.

  9         Section 6.  Subsection (6) of section 370.07, Florida

10  Statutes, is amended, and a new subsection (8) is created to

11  read:

12         370.07  Wholesale and retail saltwater products

13  dealers; regulation.--

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

15         (a)  Wholesale dealers shall be required by the

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

17  addresses of persons from whom or to whom saltwater products

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

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

20  transaction. Retail dealers shall be required to make and

21  preserve a record from whom all saltwater products are

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

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

24  saltwater products shall be made monthly or as often as

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

26  All reports required under this subsection are confidential

27  and shall be exempt from the provisions of s. 119.07(1) Except

28  that, pursuant to authority related to interstate fishery

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

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

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


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                                       CS/HB 3779, First Engrossed



  1  a Memorandum of Agreement or a similar instrument agreeing to

  2  preserve confidentiality as established by Florida law.

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

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

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

  6  for failure or refusal to permit the examination of required

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

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

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

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

11  violated any provision of this paragraph or any provisions of

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

13  following additional penalties:

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

15  $1,000;

16         2.  For a second violation committed within 24 months

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

18  and

19         3.  For a third or subsequent violation committed

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

21  penalty of up to $5,000.

22

23  The proceeds of all civil penalties collected pursuant to this

24  subsection shall be deposited into the Marine Resources

25  Conservation Trust Fund and shall be used for administration,

26  auditing, and law enforcement purposes penalties pursuant to

27  s. 370.021.

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

29  unlawful for any licensed retail dealer or any restaurant

30  licensed by the Division of Hotels and Restaurants of the

31  Department of Business and Professional Regulation to buy


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                                       CS/HB 3779, First Engrossed



  1  saltwater products from any person other than a licensed

  2  wholesale or retail dealer.

  3         Section 7.  Section 370.092, Florida Statutes, is

  4  amended to read:

  5         370.092  Carriage of proscribed nets across Florida

  6  waters.--

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

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

  9  other entangling net and to all vessels containing or

10  otherwise transporting in or on Florida waters any net

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

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

13  State Constitution. This section does not apply to vessels

14  containing or otherwise transporting in or on Florida waters

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

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

17  as fishing implements impracticable.

18         (2)  Every vessel containing or otherwise transporting

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

20  and every vessel containing or otherwise transporting in or on

21  nearshore and inshore Florida waters any net containing more

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

23  continuously, and expeditiously as possible from the place

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

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

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

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

28  stored or back to the licensed wholesale dealer where the

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

30  vessels, for vessels which utilize nets in a licensed

31  aquaculture operation, and for vessels containing trawl nets


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                                       CS/HB 3779, First Engrossed



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

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

  3  activities inconsistent with the direct, continuous, and

  4  expeditious transit of such vessels shall be evidence of the

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

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

  7  is otherwise in compliance with this section.

  8         (3)  Notwithstanding subsections (1) and (2), unless

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

10  major violation under this section, punishable as provided in

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

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

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

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

15  less than 25 feet in length if primary power of the vessel is

16  mounted forward of the vessel center point. Gill or entangling

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

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

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

20  Constitution. Vessel length shall be determined in accordance

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

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

23  Florida.  The Marine Fisheries Commission is directed to

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

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

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

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

28  in state waters and to provide reasonable opportunities for

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

30         (4)(3)(a)  It shall be a major violation pursuant to

31  this section and shall be punished as provided in subsection


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                                       CS/HB 3779, First Engrossed



  1  (5) (4) for any person, firm, or corporation to be

  2  simultaneously in possession of any species of mullet in

  3  excess of the recreational daily bag limit and any gill or

  4  other entangling net as defined in s. 16(c), Art. X of the

  5  State Constitution. Simultaneous possession under this

  6  provision shall include possession of mullet and gill or other

  7  entangling nets on separate vessels or vehicles where such

  8  vessels or vehicles are operated in coordination with one

  9  another including vessels towed behind a main vessel. This

10  subsection does not prohibit a resident of this state from

11  transporting on land, from Alabama to this state, a commercial

12  quantity of mullet together with a gill net if:

13         1.  The person possesses a valid commercial fishing

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

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

16  commercial quantities from Alabama waters.

17         2.  The person possesses a trip ticket issued in

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

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

20  ticket immediately upon entering this state.

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

22  products dealer located in Escambia County or Santa Rosa

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

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

25  be clearly indicated on the trip ticket.

26         4.  The mullet being transported are totally removed

27  from any net also being transported.

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

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

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

31  recreational or commercial daily bag limit.


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                                       CS/HB 3779, First Engrossed



  1         (c)  The Marine Fisheries Commission shall adopt rules

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

  3  gill or entangling nets. Violation of these rules shall be

  4  punishable as provided in subsection (5).

  5         (5)(4)(a)  In addition to being subject to the other

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

  7  Art. X of the State Constitution, paragraph (4)(3)(a), or any

  8  rules of the Marine Fisheries Commission which implement the

  9  gear prohibitions and restrictions specified therein shall be

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

11  corporation receiving any judicial disposition other than

12  acquittal or dismissal of such violation shall be subject to

13  the following additional penalties:

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

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

16  products license privileges for 90 calendar days following

17  final disposition shall be imposed.

18         2.  For a second major violation under this paragraph

19  charged within 7 years of a previous judicial disposition,

20  which results in a second judicial disposition other than

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

22  suspension of all saltwater products license privileges for 12

23  months shall be imposed.

24         3.  For a third and subsequent major violation under

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

26  third or subsequent judicial disposition other than acquittal

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

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

29  and equipment used in the violation shall be imposed.

30

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                                       CS/HB 3779, First Engrossed



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

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

  3  16, Art. X of the State Constitution, or any rule or statute

  4  implementing its restrictions, determined by a court only

  5  after consideration of competent evidence of mitigating

  6  circumstances to be a nonflagrant or minor violation of those

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

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

  9  implementing its restrictions, occurring within a 7-year

10  period commencing upon the conclusion of any judicial

11  proceeding resulting in any outcome other than acquittal shall

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

13  accordingly.

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

15  saltwater license privileges under this section, the licensee

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

17  taking or harvesting of saltwater products from any vessel

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

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

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

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

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

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

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

25  775.082, s. 775.083, or s. 775.084.

26         (c)  Upon reinstatement of saltwater license privileges

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

28  owning or operating a vessel containing or otherwise

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

30  entangling net, or containing or otherwise transporting in

31  nearshore and inshore Florida waters any net containing more


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                                       CS/HB 3779, First Engrossed



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

  2  a period of 12 months following reinstatement, to operation

  3  under the following conditions:

  4         1.  Vessels subject to this reinstatement period shall

  5  be restricted to the corridors established by department rule.

  6         2.  A violation of the reinstatement period provisions

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

  8         (d)  Rescission and revocation proceedings under this

  9  section shall be governed by chapter 120.

10         (6)(5)  The department is authorized to make and adopt

11  reasonable rules, regulations, and orders, including emergency

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

13  emergency rules to implement the provisions of subparagraph

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

15         Section 8.  Section 370.093, Florida Statutes, is

16  amended to read:

17         370.093  Illegal use of nets.--

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

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

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

21  X of the State Constitution.

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

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

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

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

26  than 500 square feet and have not been expressly authorized

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

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

29  purse seines outside nearshore and inshore Florida waters

30  shall continue to be legal until the commission implements

31  rules regulating those types of gear.


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                                       CS/HB 3779, First Engrossed



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

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

  3  State Constitution.  Any net constructed wholly or partially

  4  of monofilament or multistrand monofilament multifilament

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

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

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

  8  Constitution unless specifically authorized by rule of the

  9  commission. Multistrand monofilament Multifilament material

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

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

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 this section and the prohibitions and

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

30         Section 9.  Section 370.1127, Florida Statutes, is

31  hereby repealed.


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                                       CS/HB 3779, First Engrossed



  1         Section 10.  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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                                       CS/HB 3779, First Engrossed



  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 11.  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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                                       CS/HB 3779, First Engrossed



  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 12.  Subsection (6) is added to s. 370.1405,

17  Florida Statutes, to read:

18         370.1405  Crawfish reports by dealers during closed

19  season required.--

20         (6)  The Department of Environmental Protection is

21  authorized to adopt rules incorporating by reference such

22  forms as are necessary to implement the provisions of this

23  section.

24         Section 13.  Subparagraph 1. of paragraphs (a) and

25  paragraph (c) are amended, and subparagraph 5, of paragraph

26  (a) of subsection (2) of section (2) of section 370.142,

27  Florida Statutes, is created to read:

28         370.142  Spiny lobster trap certificate program.--

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

30  PENALTIES.--The Department of Environmental Protection shall

31  establish a trap certificate program for the spiny lobster


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                                       CS/HB 3779, First Engrossed



  1  fishery of this state and shall be responsible for its

  2  administration and enforcement as follows:

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

  4  saltwater products license who uses traps for taking or

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

  6  certificate on record for each trap possessed or used

  7  therefor, except as otherwise provided in this section.

  8         1.  The department shall initially allot such

  9  certificates to each licenseholder with a current crawfish

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

11  allotted to each such licenseholder shall be based on the

12  trap/catch coefficient established pursuant to trip ticket

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

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

15  coefficient shall be calculated by dividing the sum of the

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

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

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

19  allotted the number of certificates derived by dividing his or

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

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

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

23  current crawfish trap number shall be allotted fewer than 10

24  certificates. However, certificates may only be issued to

25  individuals; therefore, all licenseholders other than

26  individual licenseholders shall designate the individual or

27  individuals to whom their certificates will be allotted and

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

29  issuance, trap certificates are transferable on a market basis

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

31  fair market value agreed upon between the transferor and


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                                       CS/HB 3779, First Engrossed



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

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

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

  4  return receipt requested, to the department for recordkeeping

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

  6  administrative costs of the program and to recover an

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

  8  transfer fee of $2 per certificate transferred shall be

  9  assessed against the purchasing licenseholder and sent by

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

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

12  per certificate transferred or 25 percent of the actual fair

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

14  shall be assessed the first time a certificate is transferred

15  outside the original transferor's immediate family. No

16  transfer of a certificate shall be effective until the

17  department receives the notarized transfer form and the

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

19  department may establish by rule an amount of equitable rent

20  per trap certificate that shall be recovered as partial

21  compensation to the state for the enhanced access to its

22  natural resources. In determining whether to establish such a

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

24  consider the amount of revenues annually generated by

25  certificate fees, transfer fees, surcharges, trap license

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

27  transferred certificates, and the continued economic viability

28  of the commercial lobster industry. The proceeds of equitable

29  rent recovered shall be deposited in the Marine Resources

30  Conservation Trust Fund and used by the department for

31


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                                       CS/HB 3779, First Engrossed



  1  research, management, and protection of the spiny lobster

  2  fishery and habitat.

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

  4  2003-2004 lobster season and thereafter, it shall be unlawful

  5  for any person to lease lobster trap certificates.  Leasing of

  6  lobster trap tags or certificates is allowable up until July

  7  1, 2003, provided that each transaction is documented and each

  8  leased tag number is reported to the department.

  9         (c)  Prohibitions; penalties.--

10         3.  In addition to any other penalties provided in

11  section 370.021 Unless otherwise provided in this section, a

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

13  Administrative Code, who violates the provisions of this

14  section, or the provisions of chapter 46-24, Florida

15  Administrative Code, shall be punished as follows:

16         a.  If the first violation is for violation of

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

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

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

20  may be suspended for the remainder of the current license

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

22  assess an additional civil penalty of up to $500.

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

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

25  such violation, the department shall assess an additional

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

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

28  the remainder of the current license year.

29         c.  For a third or subsequent violation of subparagraph

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

31  previous two such violations, the department shall assess an


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                                       CS/HB 3779, First Engrossed



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

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

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

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

  5  also proceed against the licenseholder's saltwater products

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

  7         d.  Any person assessed an additional civil penalty

  8  pursuant to this section shall within 30 calendar days after

  9  notification:

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

11         (II)  Request an administrative hearing pursuant to the

12  provisions of s. 120.60.

13         e.  The department shall suspend the crawfish trap

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

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

16         Section 14.  Notwithstanding the provisions of section

17  2 of chapter 94-247, Laws of Florida, the statutory

18  authorization for the creation and functions of the Marine

19  Fisheries Commission contained in sections 370.025-370.028,

20  Florida Statutes, shall not stand repealed as scheduled by

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

22         Section 15.  This act shall take effect upon becoming a

23  law.

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