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
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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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