House Bill 3813

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    Florida House of Representatives - 1998                HB 3813

        By Representative Sembler






  1                      A bill to be entitled

  2         An act relating to saltwater fisheries;

  3         amending s. 370.142, F.S.; revising language

  4         with respect to the surcharge for the transfer

  5         of trap certificates for the taking of spiny

  6         lobsters; prohibiting the leasing of lobster

  7         trap certificates; revising language with

  8         respect to penalties relating to traps;

  9         providing an effective date.

10

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

12

13         Section 1.  Paragraphs (a) and (c) of subsection (2) of

14  section 370.142, Florida Statutes, are amended to read:

15         370.142  Spiny lobster trap certificate program.--

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

17  PENALTIES.--The Department of Environmental Protection shall

18  establish a trap certificate program for the spiny lobster

19  fishery of this state and shall be responsible for its

20  administration and enforcement as follows:

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

22  saltwater products license who uses traps for taking or

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

24  certificate on record for each trap possessed or used

25  therefor, except as otherwise provided in this section.

26         1.  The department shall initially allot such

27  certificates to each licenseholder with a current crawfish

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

29  allotted to each such licenseholder shall be based on the

30  trap/catch coefficient established pursuant to trip ticket

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

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    Florida House of Representatives - 1998                HB 3813

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

  2  coefficient shall be calculated by dividing the sum of the

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

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

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

  6  allotted the number of certificates derived by dividing his or

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

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

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

10  current crawfish trap number shall be allotted fewer than 10

11  certificates. However, certificates may only be issued to

12  individuals; therefore, all licenseholders other than

13  individual licenseholders shall designate the individual or

14  individuals to whom their certificates will be allotted and

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

16  issuance, trap certificates are transferable on a market basis

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

18  fair market value agreed upon between the transferor and

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

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

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

22  return receipt requested, to the department for recordkeeping

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

24  administrative costs of the program and to recover an

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

26  transfer fee of $2 per certificate transferred shall be

27  assessed against the purchasing licenseholder and sent by

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

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

30  per certificate transferred or 25 percent of the actual fair

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

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    Florida House of Representatives - 1998                HB 3813

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  1  shall be assessed the first time a certificate is transferred

  2  outside the original transferor's immediate family. No

  3  transfer of a certificate shall be effective until the

  4  department receives the notarized transfer form and the

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

  6  department may establish by rule an amount of equitable rent

  7  per trap certificate that shall be recovered as partial

  8  compensation to the state for the enhanced access to its

  9  natural resources. In determining whether to establish such a

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

11  consider the amount of revenues annually generated by

12  certificate fees, transfer fees, surcharges, trap license

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

14  transferred certificates, and the continued economic viability

15  of the commercial lobster industry. The proceeds of equitable

16  rent recovered shall be deposited in the Marine Resources

17  Conservation Trust Fund and used by the department for

18  research, management, and protection of the spiny lobster

19  fishery and habitat.

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

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

22  percent of the total available certificates in any license

23  year.

24         3.  The department shall maintain records of all

25  certificates and their transfers and shall annually provide

26  each licenseholder with a statement of certificates held.

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

28  licenseholder shall not exceed the number of certificates held

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

30  and a statement of certificates held shall be issued

31  simultaneously.

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    Florida House of Representatives - 1998                HB 3813

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

  2  1998-1999 lobster season and thereafter, it shall be unlawful

  3  for any person to lease lobster trap certificates.

  4         (c)  Prohibitions; penalties.--

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

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

  7  waters without having affixed thereto the trap tag required by

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

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

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

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

12  Administrative Code.

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

14  lobster trap tags without having the necessary number of

15  certificates on record as required by this section.

16         3.  Unless otherwise provided in this section and in

17  addition to any other penalties provided in s. 370.021, a

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

19  Administrative Code, who violates the provisions of this

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

21  Florida Administrative Code, shall be punished as follows:

22         a.  If the first violation is for violation of

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

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

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

26  may be suspended for the remainder of the current license

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

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

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

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

31  such violation, the department shall assess an additional a

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    Florida House of Representatives - 1998                HB 3813

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

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

  3  the remainder of the current license year.

  4         c.  For a third or subsequent violation of subparagraph

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

  6  previous two such violations, the department shall assess an

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

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

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

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

11  also proceed against the licenseholder's saltwater products

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

13         d.  Any person assessed an additional a civil penalty

14  pursuant to this section shall within 30 calendar days after

15  notification:

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

17         (II)  Request an administrative hearing pursuant to the

18  provisions of s. 120.60.

19         e.  The department shall suspend the crawfish trap

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

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

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

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

24  certificate.

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

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

27  spiny lobster trap tag or certificate.

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

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

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

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

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    Florida House of Representatives - 1998                HB 3813

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  1  spiny lobster trap tag or certificate unless such action is

  2  duly authorized by the department as provided in this chapter

  3  or in the rules of the department.

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

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

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

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

  8  during any period while such crawfish trap number is under

  9  suspension or revocation, commits a felony of the third

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

11  s. 775.084.

12         b.  In addition to any penalty imposed pursuant to

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

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

15  the fair market value of the transferred certificates, as

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

17  provisions of sub-subparagraph 4.c.

18         6.  Any certificates for which the annual certificate

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

20  abandoned and shall revert to the department. During any

21  period of trap reduction, any certificates reverting to the

22  department shall become permanently unavailable and be

23  considered in that amount to be reduced during the next

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

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

26  provided by the department.

27         7.  The proceeds of all civil penalties collected

28  pursuant to subparagraph 3. and all fines collected pursuant

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

30  Resources Conservation Trust Fund.

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    Florida House of Representatives - 1998                HB 3813

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

  2  any period of suspension or revocation.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Revises language with respect to the surcharge for the
  9    transfer of a trap certificate for spiny lobsters.
      Provides that beginning July 1, 1998, and applicable to
10    the 1998-1999 lobster season and thereafter, it shall be
      unlawful for any person to lease lobster trap
11    certificates.  Increases penalties for violations
      relating to traps.  See bill for details.
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