House Bill 4791

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    Florida House of Representatives - 1998                HB 4791

        By the Committee on Water & Resource Management and
    Representative Carlton





  1                      A bill to be entitled

  2         An act relating to marine resources rulemaking;

  3         amending 370.06, F.S.; authorizing the

  4         Department of Environmental Protection to issue

  5         certain special activity licenses; authorizing

  6         rulemaking for issuance of broodstock special

  7         activities licenses; amending s. 370.12;

  8         authorizing rulemaking for issuance of special

  9         permits for marine turtles; providing a

10         definition; providing an effective date.

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

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14         Section 1.  Subsection (4) of section 370.06, Florida

15  Statutes, is amended to read:

16         370.06  Licenses.--

17         (4)  SPECIAL ACTIVITY LICENSES.--

18         (a)  Any person who seeks to use special gear or

19  equipment in harvesting saltwater species must purchase a

20  special activity license as specified by law to engage in such

21  activities. The department may issue special activity

22  licenses, in accordance with s. 370.071, to permit the

23  cultivation of oysters, clams, mussels, and crabs when such

24  aquaculture activities relate to quality control, sanitation,

25  and public health regulations.  The department may prescribe

26  by rule special terms, conditions, and restrictions for any

27  special activity license.

28         (b)  The department is authorized to issue special

29  activity licenses in accordance with this section and s.

30  370.31, to permit the importation, possession, and aquaculture

31  of anadromous sturgeon.  The special activity license shall

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    Florida House of Representatives - 1998                HB 4791

    195-828-98






  1  provide for best management practices to prevent the release

  2  and escape of cultured anadromous sturgeon and to protect

  3  indigenous populations of saltwater species from

  4  sturgeon-borne disease.

  5         (c)  The department is authorized to issue special

  6  activity licenses in accordance with ss. 370.06, 370.071, and

  7  370.101, aquaculture permit consolidation procedures in s.

  8  370.26(3)(a) and rules of the Marine Fisheries Commission to

  9  permit the capture and possession of saltwater species

10  protected by law and used as stock for artificial cultivation

11  and propagation.

12         (d)  The department is authorized to adopt rules to

13  govern the administration of special activities licenses as

14  provided in this chapter and rules of the Marine Fisheries

15  Commission. Such rules may prescribe application requirements

16  and terms, conditions, and restrictions for any such special

17  activity license requested pursuant to this section.

18         Section 2.  Paragraph (c) of subsection (1) of section

19  370.12, Florida Statutes, is amended to read:

20         370.12  Marine animals; regulation.--

21         (1)  PROTECTION OF MARINE TURTLES.--

22         (c)1.  Unless otherwise provided by the federal

23  Endangered Species Act or its implementing regulations, no

24  person may take, possess, disturb, mutilate, destroy, cause to

25  be destroyed, sell, offer for sale, transfer, molest, or

26  harass any marine turtle or its nest or eggs at any time.  For

27  purposes of this subsection, "take" means an act which

28  actually kills or injures marine turtles, and includes

29  significant habitat modification or degradation that kills or

30  injures marine turtles by significantly impairing essential

31  behavioral patterns, such as breeding, feeding, or sheltering.

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    Florida House of Representatives - 1998                HB 4791

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  1         2.  Unless otherwise provided by the federal Endangered

  2  Species Act or its implementing regulations, no person, firm,

  3  or corporation may take, kill, disturb, mutilate, molest,

  4  harass, or destroy any marine turtle.

  5         3.  No person, firm, or corporation may possess any

  6  marine turtle, their nests, eggs, hatchlings, or parts thereof

  7  unless it is in possession of a special permit or loan

  8  agreement from the department enabling the holder to possess a

  9  marine turtle or parts thereof for scientific, educational, or

10  exhibitional purposes, or for conservation activities such as

11  relocating nests, eggs, or animals away from construction

12  sites. Notwithstanding any other provisions of general or

13  special law to the contrary, the department may issue such

14  authorization to any properly accredited person for the

15  purpose of marine turtle conservation upon such terms,

16  conditions, and restrictions as it may prescribe by rule. The

17  department shall have the authority to adopt rules to permit

18  the possession of marine turtles pursuant to this paragraph.

19  For the purposes of this subsection, a "properly accredited

20  person" is defined as:

21         a.  Students of colleges or universities whose studies

22  with saltwater animals are under the direction of their

23  teacher or professor;

24         b.  Scientific or technical faculty of public or

25  private colleges or universities;

26         c.  Scientific or technical employees of private

27  research institutions and consulting firms;

28         d.  Scientific or technical employees of city, county,

29  state or federal research or regulatory agencies;

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    Florida House of Representatives - 1998                HB 4791

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  1         e.  Members in good standing or recognized and properly

  2  chartered conservation organizations, the Audubon Society, or

  3  the Sierra Club;

  4         f.  Persons affiliated with aquarium facilities or

  5  museums, or contracted as an agent therefor, which are open to

  6  the public with or without an admission fee; or

  7         g.  Persons without specific affiliations listed above,

  8  but who are recognized by the department for their

  9  contributions to marine conservation such as scientific or

10  technical publications, or through a history of cooperation

11  with the department in conservation programs such as turtle

12  nesting surveys, or through advanced educational programs such

13  as high school marine science centers.

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

15  law.

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18                          HOUSE SUMMARY

19
      Authorizes the Department of Environmental Protection to
20    issue special activity licenses and to adopt rules for
      the issuance of broodstock special activities licenses.
21    Revises a provision of law relating to the protection of
      marine turtles to authorize rulemaking for issuance of
22    special permits for marine turtles. Defines the term
      "properly accredited person." See bill for details.
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